THE SCOTTISH LAW MAGAZINE AND SHERIFF COURT EDUCATION AND STATUS OF PROCURATORS. We were afraid that this subject, as on a former | Deans. We are doubtful about the expediency of occasion, had been allowed to fall out of sight. We incorporating the Procurators before each Court, or were quite aware what was being done generally by the body of delegates called together by Mr Murdoch of Ayr, although we have not been favoured with a copy of his Bill; but we were almost despairing of progress being made when Mr Bannatyne, the Dean of the Glasgow Faculty, lately delivered an address to that body, and laid before them a Bill of his own. The subject of professional status is thus not to be allowed to drop, and we are glad of it. We have now two Bills, not, we believe, competing Bills, but Bills intended by both parties to attain the same end, and we hope, with the renewed interest thus given to the subject, a good Bill may be extracted out of both. The importance of the subject to the profession and the public is admitted on all hands; and we need not dwell on that. The only points on which the promoters of either Bill are likely to differ is on details, and we have no doubt that if the Council of the Glasgow Faculty and the delegates from the various counties meet together in the proper spirit, both animated with a desire to elevate and unite the profession over Scotland, these details will not be difficult of adjustment. So far as we know the details of either Bill, we are at present disposed to think that the Dean's is the one to be preferred. We agree with him in thinking that the Aulic Council proposed by Mr Murdoch would not work, and that on this, as on other points, the less complicated and simpler the machinery the better. We need not go about to invent anything for ourselves, for we have the example of England and Ireland before us from which we may adopt such points as may suit our peculiar circumstances. We think with the Dean that the heads of the Court should fix the entrance examinations over Scotland, and that it should not be left to each particular body, or the proposed General Council of in each county. We see not the least use for such a course; and it is not the case in England. There, each candidate having satisfied the Court that he possesses the requisite attainments, and served the prescribed time, is remitted to an examining body in London. That body reports on his examination, and, if found qualified, his name is added to the Rolls of Court, a certificate of which is handed to him, and he is now entitled to practise anywhere he pleases. There is therefore no local incorporation in England as is proposed to be established in Scotland; but the whole body of Attorneys or Solicitors are a kind of quasi incorporation, very much like what the body of Notaries Public are in Scotland, without, however, the stringent and proper supervision to which the English Attorneys are subjected. And this brings us to another point on which we differ from Dean Bannatyne. He doubts the expediency of a member of one Faculty being entitled to entrance to another without farther examination. But if the whole profession in Scotland are to be subjected to the same curriculum, and the same entrance examinations, we cannot see why there should be any difference of opinion on this point. A gentleman admitted in Glasgow, and continuing to practise, must be supposed to have kept up his law learning, and to have followed it in its numerous legislative and other changes, and we submit to subject him again to examination, should he wish to practise before a neighbouring Court, would not only be most inexpedient, but unjust. If he is fit to be a member of the profession in one town or county, cæteris paribus as the argument assumes, he must be equally fit to practise in any other part of the country. But suppose him to be a highly respectable practitioner in, say Glasgow, who has been, let us suppose, twenty years in business; he wishes to practise in Airdrie, L or Hamilton, or Lanark. He is subjected to an examination before the members of one of these bars; and let us suppose the thing is at least conceivable -that he is so rusty on certain points which the examinators think all lawyers should know, that they cannot pass him, and he is plucked. Plucked in Lanark yet has passed and practised in Glasgow. But if he is unfitted for the county towns, why should he be allowed to continue to adorn the Glasgow bar? If, therefore, Dean Bannatyne's view be correct, he must carry it out to its legitimate consequences, and put in a clause ordering that such a member should be re-examined in Glasgow, and, as of course, the Lanark plucking repeated, and the member disbarred or disrobed. That, however, is a possible consequence to which the Dean did not advert in making his proposal. We strenuously opposed at the delegate meeting, and will continue to oppose, any exclusion of any member of one body from another. Provide for a full curriculum, if you please,-insist on four years at least of practice in law before admission,and you have done all that the profession and the public require, insuring efficiency within the body and consequent respect without; but incorporation and exclusion within the body-now on equal terms -is what we firmly believe Parliament will not listen to. At present we have no such exclusion. If once admitted a Procurator, you may go wherever you please, present your petition, and are admitted, as of course, under the Act of Sederunt. So it is in England; so it is in Ireland. Why Scotland should now be proposed to be covered with a network of close corporations we cannot understand, and those who propose it would do well to have very strong and sufficient reasons to give to Parliament before they can have their idea adopted. We agree with Dean Bannatyne as to the propriety of having the Notaries brought under the same or similar rules to those of Procurators; but what we would wish to see adopted would be that the examinators would be the samethe mode of admission the same-and any one who wishes to pass both examinations, or either, could do so; of course the Notaries will see to it that they are not restricted to a county or a town, and prohibited from signing a protest or a warrant of registration in a county or town different from that in which they may happen to live or practise-although that would be as sensible in their case as it would be in that of the Procurators. There are a good many other points on which we may have remarks to make, but we meantime reserve them until we have had time to examine the respective Bills, with the explanatory statement of the respective promoters. SUMMARY PROCEDURE ACT (Continued from page 40). where there is no Prison it shall be competent to XXXVI. Whereas it is expedient that in Towns establish Places of Confinement for Prisoners undergoing short Sentences without incurring the Expense of supTown where there is no Prison, but where there are porting a Local Prison: It shall be competent in any Police Cells, for One of Her Majesty's Secretaries of State to issue an Order declaring that such Cells or Possession of the Administrators of the Police in such any Number of them, or that any other Premises in the Town, shall be a legal Prison for the Detention of convicted Prisoners for any Period not exceeding Three Days, and such Order shall be issued in the Manner and subject to the Conditions set forth in the Provisions of "The Prisons (Scotland) Administration Act, 1860," in reference to Local Prisons, so far as the same are applicable to the Purposes of this Act. XXXVII. When any Building or Part of a Building other than a Local Prison under the Administration of a County Board is or shall be a lawful Place of Detention for Prisoners under short Sentences, whether under the Powers conferred on the Secretary of State by this Act, or in virtue of any Public Local Act, the Administrators of Police having Charge of the same, and all Persons in their Employment, shall, in respect to such Buildings or Part of a Building, be subject to the Rules for Prisons in Scotland as authorised in the said Prisons Administration Act, and to all the Provisions of the said Act relating to the Discipline and Management of Prisons and the Transmission of Returns, as if such Administrators were a County Board. of Humbly showeth, That J. K. [Designation] has been guilty of the Crime Actor, or Art and Part, in so far as [here state the Particulars of the Offence]: May it therefore please your Honours [or Lordship] to grant Warrant to apprehend the said J. K., and bring him before you [or to cite the said J. K. to appear before you] to answer to this Complaint, and thereafter to convict him of the said Crime, and to adjudge him to suffer the Pains of Law. According to Justice. A.B. [Signature of Public Prosecutor, or of Private Prosecutor with Concurrence annexed.] 2. Complaint praying for Conviction in Terms of Act, and for Imprisonment or Forfeiture. UNDER THE SUMMARY PROCEDURE ACT, 1864. of the County of the Burgh of ]. The Complaint of A.B., Procurator Fiscal of Court [or other party entitled to prosecute]: Humbly showeth, That J.K. [Designation] has contravened the Act [or has been guilty of an Offence within the Meaning of the Act] [specify the Act or Acts], in so far as [state Particulars of Contravention or Offence], whereby the said J.K. is liable [state shortly the Nature of the Forfeiture or Penalty and the Alternative]. May it therefore please your Honours [or Lordship] to grant Warrant to apprehend the said J. K., and bring him before you [or to cite the said J.K. to appear before you] to answer to this Complaint, and thereafter to convict him of the aforesaid Contravention, and to adjudge him to suffer the Penalties provided by the said Act [or Acts, or any of them]. [Where a Warrant Ad factum præstandum is desired, it must be specially prayed for.] Warrant for Citation of Respondent. The Justice [or Sheriff, or Magistrate, or Clerk of Court] grants Warrant to Officers of Court to serve a Copy of the foregoing Complaint and of this Deliverance upon J. K., Respondent, and to cite him to appear personally to answer thereto at [Court House or Place] upon the Day of o'Clock noon, with Certification, and also to cite at Witnesses or Havers for both Parties for all Diets in the Cause.* [Signature of Judge or Clerk of Court.] SCHEDULE (D.) 1. Warrant for Apprehension of Respondent in the First Instance. purpose, to open any shut or lockfast Places, and to bring * [A Warrant to search for stolen Goods or other Search SCHEDULE (E.) 1. Warrant for the Apprehension of a Witness in the First Instance. The Justice [or Sheriff or Magistrate], in respect it has been made to appear to him upon Oath that E.F., [Designation] is likely to give material Evidence for the Prosecution in the foregoing Complaint [if the Complaint is on a Separate Paper, describe it by the Names of the Parties and Date of Presentation], and that it is probable that the said E.F. will not attend to give evidence without being compelled so to do, grants Warrant to Officers of Court to search for and apprehend the said E.F., and, if necessary for that Purpose, to open any shut or lockfast Places, and in the meantime to detain him in a Police Station House or other convenient Place, and to bring and have him on the o'Clock at Day of noon before any One or more, as may be competent, of Her Majesty's Justices of the Peace for the County of [or the Sheriff of the County of or a Magistrate of the Burgh ] to bear Witness for the Prosecution in the foresaid Complaint. of [Signature of Judge.] 2. Warrant for the Apprehension of a Witness in the Second Instance. E.F. [Designation] has failed to appear after having The Justice [or Sheriff or Magistrate], in respect that been duly cited to bear Witness for the Prosecution [or for the Respondent] in the foregoing Complaint [if the Complaint is on a separate Paper, describe it by the Names of the Parties and Date of Presentation], and no just Excuse has been offered on his Behalf, grants Warrant to Officers of Court to search for and apprehend the said E.F., and, if necessary for that Purpose, to open any shut or lockfast Places, and in the meantime to detain him in a Police Station House or other convenient Place, and to bring and have him on the Day of O'Clock noon before any One or more, as may be competent, of Her Majesty's Justices of the Peace for the County of [or the Sheriff of the County of or a or a Magistrate of the Burgh of to bear Witness for the Prosecution [or for the Respondent] in the foresaid Complaint. The Justice [or Sheriff or Magistrate] grants Warrant to Officers of Court to search for and apprehend J.K., Respondent, and, if necessary for that Purpose, to open any shut or lockfast Places, and to bring him before any One or more, as may be competent, of Her Majesty's Justices of the Peace for the County of [or the Sheriff of the County of Magistrate of the Burgh of ,] to answer to the foregoing Complaint at [Court House or Place], and in the meantime to detain him in a Police Station House or other convenient Place, and also to cite Witnesses and Havers for both Parties for all Diets in the Cause.** [Signature of Judge.] 2. Warrant for Apprehension of the Respondent in the Second Instance. The Justice [or Sheriff or Magistrate], in respect J.K., Respondent, has failed to appear to answer to the foregoing Complaint after being duly cited to this Diet, grants Warrant to Officers of Court to search for and apprehend the said J.K., and, if necessary for that at Day of of Her Majesty's Justices of the Peace for the County of [or Sheriff or Magistrate] appeared J.K. complained against; and the Complaint being read over to him, he answers that he is Not Guilty, [or that he is Guilty.] [Signature.] Crime charged [or state to what Extent he is guilty], and therefore [state the Terms of the Sentence.] [Signature of Judges or Judge.] 2. Conviction for Contravention of Act punishable by The Justices [or Justice, or Sheriff, or Magistrate], in the Evidence adduced], convict the said J.K. of the respect of the Judicial Confession of the said J.K. [or of Contravention [or Offence] charged [or state to what Extent he is guilty], and therefore adjudge him to be imprisoned in the Prison of of for the Period of Imprisonment]. [If authorized by the Act, add, and find from this Date [or from the Date of his him liable in Payment to the Complainer of £ Expenses, and adjudge him to be imprisoned in the said Prison, for the further Period of Days from the Expiration of the last-mentioned Period, unless the said Sum shall be sooner paid], and grant Warrant to Officers of Court to apprehend him and convey him to detain him accordingly. the said Prison, and to the Keeper thereof to receive and [Signature of Judges or Judge.] The Justices [or Justice, or Sheriff, or Magistrate], in respect of the Judicial Confession of the said J.K. [or of the Evidence adduced], convict the said J.K. of the Contravention [or Offence] charged [or state to what Extent he is Guilty], and therefore adjudge him to forfeit and pay the Sum of £ Penalty, where there is Power to modify], [with the Sum of of Penalty [or of modified £ of Expenses, where Expenses may be awarded]; and in default of immediate Payment thereof [or, if Time be allowed, say, within Days from this Date], adjudge him to be imprisoned in the Prison of for the Period of from the Date of his Imprisonment, unless the said Sum [or Sums] shall be sooner paid, and Grant Warrant to Öfficers of Court to apprehend him, and convey him to the said Prison, and to the Keeper thereof to receive and detain him accordingly. [Signature of Judges or Judge.] 4. Conviction for a Penalty to be recovered by Poinding, and, in default of Recovery, Imprisonment. The Justices [or Justice, or Sheriff, or Magistrate], in the Evidence adduced], convict the said J.K. of the respect of the Judicial Confession of the said J.K. [or of Extent he is guilty] and therefore adjudge him to forfeit Contravention [or Offence] charged [or state to what Penalty, where there is Power to modify], [with the sum of and pay the Sum of £ of Penalty Lor of Modified £ of Expenses, where Expenses may be awarded]; and* in default of immediate Payment thereof [or, if Time is allowed, say, within Days from this Date] grant Warrant for Recovery of the said Sum or Sums by Poinding of his Goods and Effects, and Summary Sale Hours after such Poinding, without further Notice or thereof, on the Expiration of not less than Forty-eight Warrant, and appoint a Return or Execution of such Poinding and Sale to be made within Eight Days from this Date [or, from the Expiration of the Period herein allowed for Payment, where Time is allowed,] under Certification of Imprisonment for the Period of in default of Payment or Recovery of the said Sums with the Expenses of Diligence before the Time allowed for such Report. [Signature of Judges or Judge.] (To be concluded in our next.) THE SCOTTISH LAW MAGAZINE AND SHERIFF COURT REPORTER. PROFESSIONAL ORGANISATION. suggestions is, that the period of probation and the standard of attainments required by entrants should vary in different parts of the country. This suggestion has more than once been made, discussed, and dismissed as untenable. The law to be administered is the same, whether in Edinburgh, Glasgow, or the Long Island; and if a different standard of education were to be permitted in the latter place from the former, the evils which the Bills contem WE notice a short paper in our contemporary, the Journal of Jurisprudence, for this month, under the heading of Improvement of Professional Organisation. It appears to us that the writer knows very little of what he is writing about; at all events it is quite clear that the recent discussions, public and private, on the education, professional status, and admission of procurators has wholly escaped his notice. As a necessary consequence, he makes suggestions, and gives opinions which have been again and again sug-plate removing would still remain, and the profession gested, answered, and exploded. He quite correctly states the position of a solicitor in England, and our opinion has always been that if there is to be any change in the present position of solicitors in Scotland, we ought to follow the lead of England as practically the best that could be adopted. As is well known, the attorneys and solicitors of England form one great corporation, if we may so call it; the education of the members of which, and their terms of admission, are the same over all England. We advocate a similar system for Scotland. Our contemporary, however, seems to think differently, for he says it is necessary that there should be such societies (that is district societies of procurators), and that certain restrictions should be placed upon the power of admission, to prevent these bodies from being overrun by unqualified persons. Our contemporary seems not aware that one of the proposals of both the Bills he refers to is that a standard of education shall be fixed by the Court of Session, to which all future candidates for admission as procurators must attain, and that being so, the use of local societies, or incorporations, or monopolies, in the shape of charters will be unnecessary. And as in England all candidates are examined in London, so in Scotland all candidates will be examined in Edinburgh, there will be no fear of unqualified persons being admitted, and no portion of the country will be oppressed or overrun. One of our contemporary's would be practically cut up into numerous classes of procurators, some having more, some having less learning, and some none at all, according to the riches or poverty of the localities in which they were fortunate or unfortunate enough to be placed. The profession would, therefore, not be one, but many. There would be learned lawyers in Edinburgh, Glasgow, Dundee, and Aberdeen, while those resident in what may be called the middle class towns might be content with a lesser modicum of learning; while in more remote and less populated districts there would be procurators who were mere cantores formularum. This, it appears to us, would be the practical result on the profession if our contemporary's suggestion were embodied in a clause in the new Bill; its effect on the administration of the law, and its cultivation as a science, could not fail to be most deplorable. But as we have already stated, the suggestion has been already considered and dismissed, although we give our contemporary credit for the earnestness and good faith with which it has again been made. Our contemporary lays great stress on the payment of fees as a condition of admission. If these fees tended in any degree to raise the status of the profession, we have no objections to fees, however large and exorbitant, but when it is proposed that "the education and attainments of a gentleman" are henceforth to be the chief tests of qualification, the money test ought to be dis M |