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Review : Jones's History of the French Bar.
125 inquiry which has been instituted in this the Probation and to the table. Relative country, under Royal authority, and the and absolute ineompatibility. Report of the Commissioners, which has Section I. Probation : Admission to probation just been published, render the subject of Legal Education peculiarly interesting at
and its government.
No. 1. Admission: the present time. In our last and present
1. Admission properly so called. Nambers we have put our readers in pos
2. Continuation of probation. session of the general views of the Commis
3. The adjournment. sioners for improving the English system of
4. The inference. Legal Education, and Mr. Jones's volume No. 2. The Government: wili form a valuable addition to the infor
1. The surveillance of probationers. mation which the Commissioners have col
The conference of advocates. lected. The introduction to the work de
The columns. scribes the French Constitution and the
2. The duration of probation.
Leave of absence. Laws establishing and regulating the Imperial Dignity.
Abbreviation of probation.
3. The prolongation of probation. The First Part treats of the French
The Inference. Courts of Law, their Officers and Practitioners, under the following heads :
Section II. The Table. 1. The Tribunal of Justice of the Peace.
No. 1. The admission.
2. The rank. 2. The Tribunal of First Instance, or
3. The formation of the Table. Ciril Tribunal. 3. The Tribunal of Commerce.
Section III. The assistance of the Council. 4. The Courts of Appeal.
No. 1. The general interests of the order. 5. The Courts of Assize.
2. The particular interests of the mem6. The Court of Cassation.
bers. 7. The Court of Accounts.
2nd. The Judicial attributes of the Council :
1. The omission from probation at the 8. The Council of State.
Table. 9. The High Court of Justice.
2. The disciplinary favours. 10. The Council of Prud 'hommes. These form the first section, and the se
We come next to the Rights and Duties cond relates to the Public Ministry.
of the Profession :
1. The rights or attributes of advocacy ;The Second Part relates to the system of the inscribed advocates ;—the probationary Legal Education in France, viz.,-1. Crea- advocates. tion of the University of France. Division 2. The duties of the advocates, or the rules of the Universities into Academies. Esta- of the Profession. blishment of the Faculties. 2. On the 1st. The general duties. administrative organization of the Univer- 2nd. The duties of the advocate towards sity. 3. Creation of the Schools of Law,
his clients afterwards called Faculties. 4. Prelimi
3rd. The duties of the advocate towards
his brethren. naries. 5. The Studies, Examinations, and
4th. The duties of the advocate towards Degrees. 6. Annual Prizes in the Faculties
the Judges. of Law.
We proceed now to the description which The Third Part comprises a History of Mr. Jones has given of the Practitioners in the French Bar, ancient and modern ; and the Tribunals of First Instance or Civil herein-1. Of the Advocate, the order of Tribunals, the most important of whom is Advocates, and the Council of the order, the Avoué or Attorney : its composition, mode of proceeding, and
“ It is the province of these officers to repreattributes.
sent and defend the parties to an action before The Author then treats-1. Of the com, the respective Courts or Tribunals to which position of the Council, the President and they are attached. As the representative of other Functionaries. II. Of the Sittings, the parties, it is their duty to postulate and Deliberations, and Decisions of the Council. conclude. Postulate, is to do all acts necessary III. The attributes of Council, administra- in the procedure of the action, and to go tive and judicial :-Administrative attri- through all the forınalities in order to place the butes applicable to probation, the table, and Judges in a position to come to a decision.
Conclude, is to present to the Judges in the the assistance of Council. Incompatibilities, form of abridged propositions,
the claims of the a question prejudicial and common both to parties. When charged with the defence, these
Review : Jones's History of the French Bar. attorneys address a document to the Judges, officers in regard to the public as to the differcalled a requéte, in which they show the means ent acts of their ministry, and from which it of defence of their clients, and may even in results that their services are obligatory. The some cases, present the defence orally. They text of the articles is as follows : Art. 85. are also heard on summary matters and inci- Every usher who shall refuse to act in any prodents.
ceedings taken at the instance of the public " It being important that the functions of an ministry, or who shall refuse to do such service attorney should be exercised only by persons as he is bound to do at his Court or Tribunal, who offer the guarantee which the law requires, and who, after injunction made to him by the severe penalties are enacted against any indi- competent officer, shall persist in such refusal, viduals, as well as their accomplices, who should shall be deprived of his functions, without preunlawfully act in such a capacity. The mi- judice to damages, and all such other punishnistry of an attorney is obligatory, and the tri- ment as he may have incurred.' ' Art. 42. bunal can compel him to appear for a party if Ushers are bound to exercise their ministry on necessary, but he must refuse to act when re- all occasions when required, without exception tained by the adverse party, or in the case of of persons, saving such cases of relationship or an action which is forbidden by law. An at- affinity as are specified by Articles 4 and 66, torney may act for any person or persons, even of the Code of Civil Procedure. Art. 85 of the for himself; in which he differs from the decree of the 18th June, 1811, shall be applied notary and usher : the reason of which being, to any usher who, without a lawful excuse, that these latter, in acting, give a public testi- shall refuse to act on the request of any indimony to which faith is due, and cannot, there. vidual.' fore, give themselves to themselves; whereas “These officers have also other attributes. an attorney is instituted, not to give any par. It is they for the most part, who protest all bills ticular character to any particular act, but of exchange, promissory notes, &c., the French solely that, in the interest of justice and the notary, although competent, scarcely ever per. parties, the proceedings may be carried on ac- forming this public act, but confining himself cording to the prescribed forms, which they can more to the business of a conveyance, as we do as well for themselves as for others. They shall presently show. It is they also who make are named by the Sovereign on the presenta- seizure after judgment, and sometimes also tion of the Court or Tribunal before which they proceed to sell the goods and chattels by pubintend to practise. They must be at least 25 lic sale or auction. It is their province also to years of age, have served a clerkship of five execute all writs of arrest, whether in civil or years, have gone through a certain course of commercial matters, except in the department studies in a Faculty of Law, passed an exami- of the Seine, as we shall see when speaking of nation both in criminal and civil law and pro- the Guards of Commerce. They are limited in cedure, and have obtained a certificate of ca- number, and are appointed according to the pacity from the said Faculty: Their number is exigency of the respective localities to which limited according to the importance of the their practice is confined.” Court or Tribunal to which they belong. The attorneys practising in the Tribunals of First As to the Grefier, or Registrar, who is Instance form a distinct body from those who also a public officer attached to each denopractise before a Court of Appeal, with dist- mination of Court or Tribunal, (the Author inct powers and attributes, and cannot in adds,) that in some instances he also proany way act the one for the other. No attorney can practice before a Tribunal of Justice ceeds to the sale of goods and chattels by of Peace."
public sale or auction, having in this reAnother kind of public ministerial officer and notary.
spect a power concurrent with the usher belonging to all Courts and Tribunals in
While speaking of such public officers as France, is the Huissier, or Usher, which may also be called practitioners, Mr. Jones there can be no doubt is a corruption of the observes, it will perhaps be well to offer a French word ; but he is a person quite un- few remarks on the Public Notary, such known to the English judicial system. as we find him in France, although he
“Ushers are officers of justice appointed to cannot be looked upon in the light of an cite the parties before the Courts and Tribunals, officer practising in, or at, any Court or and to make known, and to put into execution, Tribunal
, but simply within the jurisdicthe orders and judgments thereof. The word tion or circumscription of some Court or huissier is derived from an old French word Tribunal. huis, which signifies door; for, independently of the duties we have just spoken of, they act “ It is the more necessary to draw particular as the doorkeepers of the different Courts to attention to the attributes of this public mini. which they are attached, and are charged with sterial officer, as they differ so widely from the keeping of good order in Court during the those of the English notary, and therefore they sittings. The Article 85, of the decree of the should not be confounded or taken the one for 18th June, 1811, and Art. 42, of the decree of the other. The French notary is, in fact, an the 14th June, 1813, fix the obligations of these officer appointed to receive all' acts and con
Review.-Nuisances Removal and Diseases Prevention. tracts to which the parties ought, or wish, to office, duties, and rights of Advocates; and give the character of authenticity attached to then proceed to the consideration of the acts of public authority, to insure their date, to stringent system of Legal Education in keep them in his custody, and to deliver copies France. Mr. Jones, in his Preface, observes and duplicates of the same. He possesses also the right and privilege of drawing and prepar
thating the said instruments; he is, in fact, the “It will be readily conceded by every reaconveyancer in France. We have already sonable mind that there is much room for imstated that a notary is a competent officer to provement in England in the studies of the protest bills of exchange, promissory notes, &c. legal tyro. We have only to contrast the state The first paragraph of Art. 173 of the Code of of things existing in this respect in the UniCommerce is to the following effect : 'Protests, versities of Holland, Germany, and France, and for want of acceptance or payment, are made we shall at once be astonished and even surby two notaries, or by one notary and two wit- prised to imagine how we as a body (supposed nesses, or by an usher and two witnesses ;' al- to be learned) can have remained so long conthough in practice it is a rare occurrence to tented with a system which offers no guarantee have recourse to a notary, the usher being the for the privileges it bestowes, and where fortune usual officer employed when a protest becomes and family too often usurp the place of talent necessary. A notary is also competent in many and learning! Such is not the case, however, cases to sell by public auction, as in the case in the countries I have above mentioned. of minors, successions, &c., though he must There, no distinction, rank, or privilege is to not be confounded with the auctioneer, who is be obtained by the legal aspirant, but by long a separate and distinct public officer. The and arduous study; and whatever position the sale of real property, whether by public auction Student holds, or may afterwards hold, whator private contract, is usually effected by the ever may be the ultimate title affixed to his notary, except in the case of a sale in conse- name, he owes it entirely to his own merit, and quence of a judgment obtained in a Court or may fearlessly assert that he has fully earned it." Tribunal, in which case it falls within the province of the attorney in the cause.
We heartily recommend the work to the “Notaries exercise their functions as follows. attention of our readers. It comprises a In those places which are the seat of a Court learned, able, and interesting statement of of Appeal, their privilege extends over the the French Courts, an historical review of whole jurisdiction of such Court of Appeal : in the Bar of France, and the course of Eduthose places where there is only a Tribunal of cation, both general and legal, through First Instance, it extends over the jurisdiction which the student must pass in order to of that Tribunal; and finally, as to those notaries who are located in other places, not being obtain the distinctions which are the just the seat of a Court of Appeal or Tribunal of reward of persevering industry, learning, First lostance, their privilege does not extend and talent. beyond the jurisdiction of the canton of the Justice of Peace within which they are situate. Notaries are expressly forbidden to act out of NUISANCES REMOVAL AND DIStheir respective jurisdiction under pain of sus
EASES PREVENTION.1 pension for three months, for the first offence, and of being deprived of their ministry for the On all Statutes relating to the relief of second, besides being liable to damages, &c. the poor, and on all matters which come By an exception, however, to the above rule, under the administration or superintendence the Paris notary enjoys the privilege of being of the Poor Law Board, Mr. Lumley's a notary everywhere throughout the French books are almost authoritative. The Author Empire, and can therefore act as well in Stras
is officially so thoroughly familiar with that bourg or elsewhere, as in Paris. “There are certain formalities necessary to
branch of our municipal legislation of which all notarial acts, which are called in law, solem- he treats, and to which he has wisely connities ; such as the presence of witnesses, the fined his labours, that we take his book signature of the notary, that of the different on any new statute within the range of subparties, &c. This expression, solemnity, is very jects on which he writes, as one which is suitable, especially when applied to any solemn act, that is, to any act which would not be valia par excellence the book on that subject. without certain formalities, such as the act of this new work of Mr. Lumley. In the In
In this opinion we are again justified by donation ; but it must here be taken for the formalities in general.
troduction the Author explains the Law on “Public notaries are named for life, and are the subject of Nuisances, &c., and the bound to lend their ministry whenever required. Their number is limited according to the wants
1 The Nuisances Removal and Diseases Preof their respective jurisdictions."
vention Acts of 1855. With Introduction,
Notes, and Index. By W. G. Lumley, BarWe shall take an early opportunity of rister, Assistant Secretary of the Poor Law noticing the Author's statement of the Board. Knight & Co., 96, Fleet Street.
128 Nuisances Removal and Diseases Prevention.— Court of Judicature Act. extent of the Statutory powers for their Singapore, and the other of which Courts or suppression and removal conferred by the divisions shall be holden within the station of Statute on the different local authorities in Prince of Wales Island before the said gorer. the country. To the sections of the Statute nor or president and the resident councillor
for the time being of the station where the itself are added notes and references of the
same shall be held, and before the other Judge, highest practical value, chiefly as explain who shall be called the Recorder of Prince of ing several doubts and removing many dif- Wales Island, and that all the powers of the ficulties which present themselves on the said Court of Judicature shall and may be exfirst perusal of the Act. A copious Index ercised by each of the said Courts or divisions, completes the treatise, which is about the together with various other provisions concerncheapest law book (the price being half-a- ing the same: And whereas, in consequence of
the alteration made by the last-mentioned crown) we have seen for some time.
letters patent in the constitution of the said
Court of Judicature, it is desirable to amend COURT OF JUDICATURE ACT.
the several Acts of Parliament hereinafter men
tioned : Be it enacted, as follows: PRINCE OF WALES ISLAND.
1. The provisions contained in the Statute
of the 6 Geo. 4, c. 85, s. 5, 7, 13, 14, and 16, 18 & 19 VICT. C. 93.
respecting the recorder of the Court of JudicaSections 5, 7, 13, 14, and 16 of 6 Geo. cure of Prince of Wales Island, and respecting 4, c. 85, to apply to Recorders of Singapore and respecting the computation of the time of
the grant of an allowance to him on retirement, and Prince of Wales Island ; s. 1.
residence in case he shall be appointed a Judge Sum to be paid to recorders for equip- of one of the Supreme Courts in India shall ment and voyage ; s. 2.
apply to the Recorder of Singapore and to the Court for Relief of Insolvent Debtors Recorder of Prince of Wales Island respecmay be held by either of the recorders ; tively, and residence partly as one and partly
as the other of such recorders shall be reckonAct 6 & 7 Wm. 4, c. 53, to apply to the ed as if such residence had been wholly in the
same capacity : Provided always, that (save and present charter, which is confirmed ; s. 4. As to allowances to Judges of the Su- of Singapore, who was appointed to the office
except only in the case of the present Recorder preme Courts in India on retirement ; s. 5. of Recorder of Prince of Wales Island, Singa,
pore, and Malacca prior to the lastly-recited
letters patent), it shall not be lawful to grant An Act to amend certain Acts relating to the to any Recorder of Singapore or recorder of Court of Judicature of Prince of Wales Prince of Wales Island any larger retiring al. Island, Singapore, and Malacca, and to the lowance than the sum of 5001., unless he shall Supreme Courts of Judicature in India.
have resided as recorder for 10 years, nor if he [14th August, 1855.] shall have resided for that period any larger Whereas by letters patent of his late Majesty allowance than the sum of 8001. King George the Fourth, his said late Majesty ordained that there should be within the settle- the 53 Geo. 3, c. 155, s. 89, is directed to be
2. In lieu of the sum which by the Act of ment of Prince of Wales Island, Singapore, paid to any recorder of Prince of Wales Island and Malacca a Court of Judicature to be for the expenses of his equipment and voyage, holden before the Governor and the Resident the Court of Directors of the East India Com. Councillor for the time being of the station where the Court should be held, as two of the letters patent of her Majesty has been appoint
shall pay to the person who by the said Judges of the said Court, and before one other ed Recorder of Prince of Wales Island, and to Judge called the Recorder of Prince of Wales Island, Singapore, and Malacca : And whereas of Singapore or Recorder of Prince of Wales
every person to be hereafter appointed Recorder by letters patent of his late Majesty King Island who shall be resident in the United William the Fourth, granted under the powers Kingdom at the time of his appointment for of the Act of the 6 & 7 Wm. 4, c. 83, bis said the purpose of defraying the expenses of his late Majesty granted to the said Court of Judi. cature the powers of a Court of Admiralty :
equipment and voyage, the sum of 5001. And whereas by letters patent of her present 3. The Court for Relief of Insolvent Debtors, Majesty, granted in the present year of her which by the Statute of the 11 & 12 Vict. c. reign, her said Majesty has ordained that the 21, s. 88, is directed to be held within the said said Court of Judicature should consist of two settlement, may henceforth be held by the Courts or divisions, one of which shall be Recorder of Singapore and by the Recorder holden within the stations of Singapore and of Prince of Wales Island respectively, each of Malacca before the governor or president and whom is hereby empowered and required to the resident councillor for the time being of hold such Court, and to appoint proper officers, the station, where the same shall be held, and assignees, and examiners for enabling the probefore one other Judge called the Recorder of visions of such Act to be carried into etfect,
Court of Ju licature del.-- Religious Worship Act.
129 and to establish rules as to the advocates and, affecting assemblies for Religious Worship attorneys and agents who may practise in the should be amended : And whereas by an said Court before such recorder; and the se- Act passed in the 1 Wm. and M. Session veral other powers given by the said Act 10 1. c. 18, intituled “An Act for exempting the Court of Judicature of Prince of Wales Their Majesties Protestant Subjects dissentIsland, Singapore, and Malacca shall and iray ing from the Church of England from be henceforth exercised by the governor of the Penalties of certain Laws," it is enacted the said settlement and the said recorders, or that no congregation or assembly for religious by any two of them.
worship shall be permitted or allowed until the 4. The Act of the 6 & 7 Wm. 4, c. 53, for gistered or recorded as described in such Act;
place of such meeting shall be certified and reenabling his late Majesty, by letters patent, to Ånd whereas by an Act passed in the 52 Geo. grant Admiralty jurisdiction to the Court of 3, c. 155, intituled “ An Act to repeal certain Judicature of Prince of Wales Island, Singa- Acts, and to amend other Acts, relating to Repore, and Malacca, shall be construed to apply ligious Worship and Assemblies, and Persons to the said letters patent or charter of her pre- teaching or preaching therein," it is enacted sent Majesty, and such charter is hereby in all that no congregation or assernbly for religious respects ratified and confirmed.
worship of protestants (at which there shall 5. And whereas doubts have been entertain. be present more than 20 persons, besides the ed whether the provisions of the Act of the 6 immediate family and servants of the person Geo. 4, c. 85, respecting the grant of allow. in whose house or upon whose premises such ances to the Judges of the Superior Courts in meeting, congregation, or assembly shall be India on retirement, apply to cases where the permitted or allowed unless the place of such required period of residence as a Judge has meeting is certified as described in such Act, been partly as a Judge of one and partly as a and that every person who shall knowingly Judge of another of the said Supreme Courts : permit or suffer any such congregation or asBe it enacted, that for the purpose of the said sembly as aforesaid to meet in any place oclast-mentioned provisions residence in India as
cupied by him, until the same shall bave been a Judge of any of the said Supreme Courts so certified, shall forfeit for every time any such (though such residence shall have been partly congregation or assembly shall meet a sum as a Judge of one of the said Supreme Courts not exceeding 201. nor less than 20s., at the and partly as a Judge of another of such discretion of the justices who shall convict for Courts) shall be computed and reckoned as
such offence : Be it enacted as follows : residence as a Judge of the Supreme Court to
1. From and after the passing of this Act which the Judge shall belong at the time of nothing contained in the above-mentioned Acts, his retirement: Provided always, that in the or in an Act passed in the 15 & 16 Vict. c. 36, case of any Judge retiring from the Supreme shall apply to the congregations or assemblies Court of Judicature at Fort William whose hereinafter-mentioned, or any of them, that is period of residence in India as a Judge shall have been partly as a Judge of the Supreme
(1.) To any congregation or assembly for Court at Madras or Bombay, it shall not be lawful to grant to such Judge any larger al.
religious worship held in any parish or
any ecclesiastical district, and conducted lowance than might have been granted if he
by the incumbent, or in case the incumbad been during his whole period of residence a Judge of the Supreme Court at Madras or
bent is not resident, by the curate of such Bombay, unless he shall have resided as a
parish or district, or by any person autho
rised by them respectively : Judge of the Supreme Court at Fort William for five years at the least.
(2.) To any congregation or assembly for
religious worship meeting in a private
dwelling house or on the premises belongRELIGIOUS WORSHIP ACT.
ing thereto : 18 & 19 VICT. C. 86.
(3.) To any congregation or assembly for
religious worship meeting occasionally in Reciting 1 W. & M. Sess. 1, c. 18; 52
any building or buildings not usually Geo. 3, c. 155.
appropriated to purposes of religious worNo prosecution to be maintainable for as- ship: sembling for religious worship in a place of meeting not certified ; s. 1.
And no person permitting any such congregaConstruction of certain parts of 2 & 3 tion to meet as herein-mentioned in any place Wm. 4, c. 115, and 9 & 10 Vict. c. 59, as for so doing.
occupied by him shall be liable to any penalty to places of Worship of Roman Catholics and Jews ; s. 2.
2. So much of an Act passed in the 2 & 3 Wm. 4, c. 115, as enacts that her Majesty's
subjects professing the Roman Catholic reAn Act for securing the Liberty of Religious ligion, in respect to their places for religious Worship (14th August, 1855.]
worship, shall be subject to the same laws as Whereas it is expedient that the Laws the Protestant dissenters are subject to, and so