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LONDON: PRINTED BY G, J. PALMER, SAVOY STREET, STRAND.

LIBRARY OF THE
LELAND STAMFORD, ?, UNIE-5971

LAH DEPARTME

CONTENTS OF VOLUME LI.

NEW STATUTES.

Jaws of Burial, 24

Diseases' Prevention, 89

Sale of Beer, 90

Union of Benefices, 94, 112

Prince of Wales' Island Judicature, 128

Religious Worship, 129

Metropolitan Police. 375
House of Commons' Offices, 376
Drainage Advances' Act Amendment, 435
Trial of Offences, 475

Turnpike Trusts’ Arrangement, 500
PRIVATE Acts, 16
PARLIAMENTARY REPORTS AND RE-

TURNS.

Accountant General's Return, 505

Mercantile Law Commission, 46

Joint-Stock Companies Registration, 309

Chancery Commissioners' Third Report, 493

Statute Lax Consolidation, 257, 493, 437

NOTES ON RECENT STATUTES.

Common Law Procedure Act, 1852, 114

Common Law Procedure Act, 1854, 324

Equity Jurisdiction Improvement Act, 242, 263

Charitable Trusts' Act, 183
Bills of Exchange and Promissory Notes Act, 3,

21, 28, 44, 45, 86, 95, 123, 302

County Courts, 343

NEW BILLS IN PARLIAMENT.

Charitable Uses, 358, 461

County Court Amendment, 396, 418, 449, 473

Divorce and Matrimonial Causes, 483

Drafts op Bankers, 358, 460

Drainage Advances' Acts' Amendment, 357

Ecclesiastical Courts' Jurisdiction, 337,413

Joint-Stock Companies, 283, 315, 334, 353, 355,

458

Judgments' Esecution, &c., 357

Leases and Sales of Settled Estates, 279

Limited Liability, 296

London Corporation, 455, 480, 498
Marriage Law Amendment, 401
Married Women's Reversionary Interest, $81,

502

Metropolitan Police, 300

Partnership Law Amendmert, 283, 346, 458

Police, Counties and Boroughs, 299, 440

Specialty and Simple Contract Debts, 460

Trial of Offences, 318
Wills and Administrations, 415
LAW REFORM AND SUGGESTED IM-

PROVEMENTS,

State and progress of, 1, 233, 253, 273, 293,

313, 573, 453

Arbitration Delays and Expenses, 295

Executor and Trustee Company, 314

Chancery Reform, 261

House of Lords Appellate Jurisdiction, 400

Limited Joint-Stock Companies, 387

Partnership Law Amendment, 274

Removal of the Courts, 210, 429
Fines on Copyholds, 406
Saturday half-holiday, 75, 115, 130
County Court Reform, 347
Compensation to Provincial Proctors, 437
Grievances of Jurors, 151
Special Jurors' Fees, 130
Marriage with a deceased Wife's Sister S04,368

NEW RULES AND ORDERS.

House of Commons: Public Petitions, 328

Chancery:

Erasures in Affidavits, 288

Entries in Cause Books at Record Office, 110,

136

Appointing Examiners for 1856, 216

Transfer of Causes, 243, 346

Common Law :

Appointing Examiners for 1856, 247

Regulations at Chambers, 369

Under Friendly Societies Act, 71

Judicial Committee of the Privy Council, 465

Post Ofice Regulations, 188, 209

Decisions ON RECENT, 51

Privy COUNCIL APPEALS, 18

Points in Equity Practice, 29, 51, 183, 224, 360

LAW OF EVIDENCE, 8, 71

LAW OF COSTS,

Under County Courts' Act, 8

In Lunacy, 29, 150

Security by landlord in ejectment, 92

Of first trial, 114

Of suit to set aside annuity, 151

Of appeal, 224

Of unnecessary appearance on petition, 242

Of application against non-attorning tenant, 242

Of heir on issue devisavit vel non, 263

Of mortgagee's petition for sale, 286

Of injunction, 304, S60

On special case, 394

Of the day, 341

Of husband and assignees, 384

Of journey to Paris, 406

Of arbitrament, 428

Of interpleader suit, 444

Of secondary evidence of destroyed bill, 467

Of suit for specific performance, 488

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Of claim by tenant for life, 488

Gift from client, 202, 285
Suggestion to deprive of, 505

Delivery up of papers, 224

Security for by insolvent plaintiff, 503

Taxation, 262, 322, 384, 405

NOTICES OF NEW BOOKS.

Agreement for annuity by firm, 503

Production of documents, &c., 427, 466
Alphabetical List of Suits in Chancery, 197 Costs for negligence, 443
Amos's Ruins of Time, 502

Retainer, 487
Archbold's Limited Liability Act, 110

Legal education, 484

Bayford's Report of Westerton v. Liddell, 403 The late Mr. Waugb, 247

Broom's Common Law Commentaries, 215 Mr. J. Lewis of Wrexham, 54

Bulmer (Mr.) of Leeds, on the Profession, 175 Mr. W. H. Barber, 74

Caparn (Mr.) of Holbeach, on Conditions of Sale, Exclusion from magistracy, 9, 81, 295, 342, 401

360, 385

Remuneration, 23

Dowdeswell's Merchant Shipping Acts, 195 Complaint against, 469

Finlason's Lawyer's Companion, 36

Benevolent Institution, 209

Greenwood's Conveyancing Manual, 402

Choice of counsel, 175, 239, 321

Haddan's Limited Liability Act, 110

Law reformers, 29

Harrison's Bills of Exchange Act, 111.

College, 158

Jones' History of the French Bar, 124

Admission, 227, 489

Law Magazine, 319

To be admitted, 75, 93, 366
Le Quesne's Constitutional History of Jersey, Appointments, 54
339

Renewal of certificates, 55

Lowndes (Mr.) of Liverpool, on Law of Debtor Dissolution of partnerships, 67, 170, 248, 327,

and Creditor, 263

430, 508

Lush's Common Law Practice, 46, 160

Perpetual Commissioners, 169, 248, 327,

430

M'Neill's Appellate Jurisdiction of House of 508

Lords, 485

Country Commissioners to administer oaths in

Macqueen on the House of Lords, 255

Chancery, 169, 248, 327

Prideaux's Conveyancing Precedents, 256

PROCEEDINGS OF LAW SOCIETIES.

Richardson on Solicitors' Bookkeeping, 359

Rouse's Practical Conveyancer, 300

Incorporated Law Society, 67, 82

Russell on arbitrators, 381, 417

Ireland, Society of Attorneys of, 204

Shaen (Mr. S.) on Law Amendment, 387

Juridical Society, 203

Shelford's Insolvent Debtors' Statutes, 358 Law Students Corresponding Society, 36
Smith's Real and Personal Property, 87

Liverpool Law Society, 73

Principles of Equity, 147, 404

Manchester Law Association, 325, 363, 406

Sweet's Limited Liability Act, 110

Metropolitan and Provincial Law Association, 5,

Tudor's Leading Cases, 318

Turnley's Language of the Eye, 404

EXAMINATION.

Twiss on International Law, 359

Law Studies at Oxford, 441

Questions at, 52, 245

Williams on Unsoundness of Mind, 463

Candidates passed, 133, 287

Willmore and Beedell's Mercantile Guide, 426

Information relating to, 10, 57, 208, 269, 469

Distinctions, &c., 156, 141
THE BENCH AND THE BAR.

MISCELLANEA.
Lectures and Examination, 56, 131, 186, 225,

Peace Treaty, 433
227, 407

Curiosities of Legislation, 588
Law University, 146, 158, 199, 213, 333

Lawyers in Parliament, 248
Inns of Court and Chancery, 101, 121, 131, 161, Legal Antiquities, 135, 226
180, 197, 216, 234, 244

Remarkable Trials, 10, 167, 184
Law Appointments. See Notes each week

Moot Points, 326, 444
Judicial Changes, 215

Peerage for Life, 254

New Queen's Counsel, 37, 488

Legal obituary, 151

Non-payment of Counsel's Fees, 208, 326

Intended New Series of Legal Observer, 429

The late Lord Truro, 41. 61, 108, 393, 500

SELECTIONS FROM CORRESPONDENCE, 15, 55, 116,

The late Mr. Serjeant Adams, 365

Circuits of the Judges, 74, 286

135, 189, 210, 289, 369, 407

Barristers called, 327

NOTES OF THE WEEK, 18, 37, 57, 77, 96, 117, 136,

152, 170, 189, 212, 229, 249, 268, 289, 310, 328,

ATTORNEYS AND SOLICITORS.

349, 370, 390, 409, 431, 450, 469,

Delivery of bill, 91, 242

BUSINESS OF THE COURTS

Claim, where retainer by several defendants, 149 Law APPOINTMENTS

Lien, 167

Sheriffs, Undersberiffs, &c., 344

SO

The Legal Observer,

AND

SOLICITORS JOURNAL

Still attorneyed at your service." - Shakespeare

SATURDAY, NOVEMBER 3, 1855.

FURTHER PROJECTED LAW RE- diminished. This proposition was main FORMS.

tained for the sake of the suitors themselves,

in order that respectable, able, and wealthy The commencement of a New Volume men might be induced to continue in or and New Legal Year, affords an opportunity enter the Profession. of directing the attention of our readers to In these circumstances we cannot enterthe further amendments and improvements tain any doubt of the Judges being inclined which it may be expected will be discussed to settle such a scale of costs as will recomand considered, if not carried into effect, in pense the solicitors for their skill, labour, the ensuing year, either by the power of and responsibility. Several witnesses have Parliament; the Rules and Orders of the been already examined before Lord Justice Superior Courts; or the self-government of Turner and Vice-Chancellor Wood, assisted the Profession itself.

by a Chancery and a Common Law Taxing First and foremost we would notice a Master. We understood that some additional subject, -equally interesting to the suitor evidence would be adduced on the details of and the practitioner,—namely, Chancery practice for the purpose of further showing Costs. Notwithstanding some desponding the injury which has been sustained by the anticipation that the Commissioners to solicitors. It may, however, be that suffiwhom the Lord Chancellor has referred the cient information has already been collected memorial of the Incorporated Law Society, and that the Commissioners are enabled to will not recommend much improvement in report to the Lord Chancellor the result of favour of the solicitors, we are inclined to their inquiries and investigation, and enable think that very important amendments will his lordship and the other Judges to arrive be made in the general rules of taxation at a satisfactory conclusion. and in the amount of fixed or specific fees. We trust that before the result shall apIt has been established beyond all doubt, pear in the form of actual Orders of Court, that the remuneration for conducting Chan- the representatives of the solicitors will be cery proceedings at the present time, com- enabled to examine the intended orders, pared with the emoluments a few years ago, and, if necessary, to offer their suggestions has diminished 30 or 40 per cent. ; whilst thereon. The Houses of Parliament, bethe personal labour and responsibility of fore passing any measure, even of small the solicitor has increased.

importance, print the Bill and allow of peNow, it was again and again admitted by titions from those who will be affected by the Chancery and Real Property Commis- it, and of ample discussions during its ususioners, and by those distinguished re-ally slow progress through its various stages formers, Lords Brougham and Langdale, in both ilouses. We conceive, therefore, and other eminent persons, that the former that it cannot derogate from the dignity of remuneration of solicitors was not too great, the Judicial Bench to afford an opportunity and that in any changes which might be to the solicitors to consider the items of effected for the good of the public, the re- which the new scale may be composed, and muneration of the solicitor should not be the discretionary powers which it is un

No. 1,443.

VOL. LI.

2

Further Projected Law Reforms. derstood will be conferred on the Taxing tended alteration, in accordance with the Officers.

Commissioners' Report, of the Law of Besides this all-important question of Divorce, for the purpose of transferring the costs, the Chancery Commissioners are, as jurisdiction of dissolving the marriage tie we understand, pledged to make a report on from Parliament to a judicial tribunal, the rules and practice of taking Evidence. where the less wealthy may have relief as It appears that the recent alteration of exa- well as the rich. mining witnesses vivá voce, instead of writ- The subject of Church Discipline,” it ten interrogatories, has been productive, in may be presumed, will be continued, though many cases, of a large increase both of ex- in an improved form of proceeding, in the pense and delay. The attendance on these Ecclesiastical Courts ;—wherein certain digexaminations by counsel and solicitors; the nitaries of the Church, assisted by some insufficient authority of the examiners to eminent lawyer as assessor, should preside. control the extent of the examination ; and This reform would then resemble the disthe insufficient number of the examiners, cipline of the Bar and the Attorneys. For have occasioned results that were altogether as complaints against members of the Bar, unexpected, and which demand a speedy with a view to their being disbarred, are remedy.

brought before the Benchers of the Inn of The means of improving the position of Court by whom they were called to the Bar ; the Attorneys,-of extending their influ- -and as the attorneys are amenable to the ence, and further securing their respecta- Judges of the several Courts by whom they bility,—will no doubt be well considered were admitted to practise,-so it seems just by the several societies in town and and expedient that the Bishops by whom country. It has been strangely inquired by the Clergy were ordained should sit in judgsome official personages whether, if the ment when any complaint is brought against attorneys and solicitors were as highly them. educated as the members of the Bar are or The very important subject of the Regisought to be, it would not follow that they tration of Titles may, perhaps, be brought would be entitled to a higher measure of before Parliament, but we think it can remuneration than they now receive. Un- scarcely be decided in the next Session. doubtedly this opens a topic for due consi. The Report of the Commissioners will proderation. Skill, learning, and experience bably be presented early in the Sessionare entitled to proportionate reward. but of this we have no certain information

But if we look at the clerical and medical and a Bill may be prepared, which, consiprofessions, although the humblest members dering the conflicting opinions on any form of of them are generally as well-grounded as registration, and particularly a metropolitan the highest in classical and mathematical at-registration, will necessarily be of slow protainments, they are certainly not equally gress. It may find its way into a Select rewarded for their educational eminence. Committee of one or other of the Houses Nor need it be apprehended that the prac. of Parliament, but we cannot anticipate titioners in the second branch of the Pro- that the measure will be carried in a single fession who may chance to be ripe scholars Session. as well as good lawyers, will ex necessitate Amongst other matters yet "looming in be entitled to claim larger fees than those the distance," we may notice the changes who are less gifted or possess few attain- contemplated in the Law of Merchants, ments beyond the essential knowledge of which have been indicated in the recent Retheir Profession.

port of the Commissioners, already subThe consideration of the projected changes mitted to our readers. It will have been in the testamentary jurisdiction of the Ec- observed that in several respects the Comclesiastical Courts, will of course be re- missioners are in favour of an assimilation sumed in the next Session of Parliament. of the English and Irish Law to that of In all probability the able Committee of the Scotland, but in the majority of instances London Proctors will be prepared with a the English system is preferred, though on scheme for the reform of those Courts. some occasions it may be expedient to alter Whether it will be acceptable to the public, the Law on both sides of the Tweed. These or to Parliament, or to the practitioners in suggested alterations will not, we conceire, the Queen's Courts, remains to be seen. materially affect the practical lawyer, farther If the Ecclesiastical Courts are to be abo- than the extent of inconvenience, to which lished, ample compensation ought to be he may be subjected by the necessity of granted.

studying the change, not only as it may Connected with these Courts is the in- ' have been intended, but as it may more

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