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The Legal Observer,

AND

SOLICITORS' JOURNAL.

"Still attorneyed at your service."-Shakespeare,

SATURDAY, JANUARY 12, 1856.

*THE PROPOSED LAW UNIVERSITY. no doubt, have been willing that the Presi

dent and Vice-President of that incorpo

rated society should also be members of the The near approach of the next Session Senate; but all this is overlooked in the of Parliament, and the probability that a Commissioners' scheme, and the Attorneys Bill will be introduced to effectuate the are left to work their own way in any imwhole, or a considerable part, of the recom- provements which may be proposed in their mendations of the Commissioners on the branch of the Profession. We are not sure, Inns of Court and Chancery, induce us however, whether the general body of pracagain to direct the attention of our readers titioners in that branch of the law may not to the important project of a Law Univer- prefer that such should be the case. sity. As recently stated in these

pages,

the We proceed to consider the two propoCommissioners have thought proper to deal sitions which are brought under the consionly with the interests of the Bar

, although deration of the Attorneys and Solicitors. the Commission required them to inquire The 1st is, to exert all their power and inand report on the Inns of Chancery as well fluence to be included in the proposed Unias the Inns of Court. It is true they have versity; and this proposal has, no doubt, sestated very fully in the Appendix to their veral attractions. The 2nd is, to form a Report the evidence and statements laid College for themselves, like the surgeons before them by the officers of the Inns of and apothecaries, governing their own afChancery ; but the Report itself, though it fairs, independently of the higher branch of contains a single paragraph on the Inns of the Profession, and in accordance with the Chancery, is silent in regard to any im- example of their medical brethren. provement of the second branch of the Pro- Let us examine the first proposition. The fession, and yet the statements contained in history of the Inns of Court shows that the evidence and documents handed in on whilst the Attorneys were admitted into the part of the Incorporated Law So- those societies they were always considered ciety show that by ancient rules of Court as an inferior order of persons, and numethe Attorneys were entitled, and indeed re-rous regulations were from time to time quired to be, members either of the Inns of made for restraining their admission, and Court or Inns of Chancery; and their in- undoubtedly all rank and honour were moterests, we conceive, ought to have received nopolised by the members of the Bar. But the attention of the Commissioners. it may be said that the regulations or ordi

It was proposed, some time ago, by Lord nances of the new University would prevent Brougham, that the Law University' which similar injustice. This result, however, it he recommended should include the whole is evident would mainly depend on the conProfession, and that the Principals of the stitution of the governing body; and it can Inns of Chancery, as Attorneys, should scarcely be expected that the Attorneys form part of the Senate. Lord 'Brougham would be fairly represented in the Senate was Chancellor when the charter was grant- either as to number or influence. What ed to the Society of Attorneys, and would, voice can it reasonably be expected they

VOL. LI. No. 1,453.

M

194

The Proposed Law University. would have in the making or enforcing the in England and Wales, and that they should bye-laws of the University?

be required to enrol themselves either in the It may be asked, will that part of the Incorporated Law Society or in one of the governing body, which is to consist chiefly, Inns of Chancery. The provincial Attorif not wholly, of Barristers, consent that an neys should of course be admitted to the Attorney (like a medical man) may, on due corporate body on payment of a very small examination, pass from one branch of the fee; the London Attorneys who would Profession to another? Will any power be have an opportunity of resorting to the given to the Attorneys in the election of the library and lectures, and possess other admembers of the Senate? Will they have vantages at the Law Institution, might proany voice in the admission or rejection of perly be called upon to pay a moderate anstudents as members of the University? If nual subscription as well as a reasonable not, what is to be their position, their rights admissicn fee, unless they were already or privileges, as members of the united members of the Society. branches of the Profession? We could un- It has already been intimated that two derstand the scheme as somewhat feasible, important steps are under consideration for if there were to be three gradations of rank: the further improvement of the second the first degree being that of Attorney-at- branch of the Profession : namely, first, an Law (like a Bachelor of Arts); the second, examination into subjects of literature and Barrister-at-Law (like the Master of Arts); science as well as the law and practice, to and the third, Serjeant-at-Law (like a Doc- be passed either before articles of clerkship tor of Laws). But no such plan is pro- or before admission ; and second, a classifiposed. It is not enough to say that it will cation of a certain number of candidates who be desirable to incorporate all ranks of the may pass the examination in a superior Profession in one College of Justice or Law manner. University. The Attorneys have already The incorporation of the whole of the attained a legal position by the Statute 10,000 practitioners would enable the CounLaw, as well as ancient usage, from which cil of the College to increase the number of they ought not to be displaced without a lectures, to extend the library, to investisecure prospect of substantial advantage. gate more effectually the complaints of At present the Law relating to Attorneys malpractice, and to promote

the just interests is clearly defined in the several Statutes of their branch of the Profession. Our and Rules of Court by which they are regu- readers will take these hints into their conlated. Their qualifications are distinctly sideration, and we shall be glad to receive set forth ; they are examined by members and give publicity to any observations, of their own branch of the Profession, and either pro or con, upon the topics we have are themselves eligible in due season to be- thus submitted for discussion. come examiners. The Judges of the Superior Courts hear and decide in public all It is stated in the Report of the Comquestions affecting the professional conduct missioners that they caused “questions of Attorneys, and they alone can suspend calculated to elicit the opinion of the Pro-them from practising or remove their names fession upon this subject to be largely cirfrom the Roll

. The Attorneys have an In- culated.In an able article in Blackstitution of their own where they are all wood's Magazine of this month, after quotequal, and where the governing body are ing the above passage, the Writer marvels elected and removable by themselves. "Now that of 13,000 lawyers so few returned whatever weight may be attached to these answers to the questions or attended the circumstances, it is at all events necessary Commissioners. This number includes the that the Attorneys should take them into Attorneys, and it is made somewhat of a consideration and determine the course they reproach that only three of them gave evimay think it expedient to adopt.

dence. Now we believe that no such On the other hand, the 2nd proposition questions were ever sent to the Attorneys; is that a College of Attorneys should be probably the circulation was confined to formed of the whole body of Practitioners members of the Bar, and it was not in

2

1 The Commissioners recommend a degree It will, of course, be understood that we of “ Master of Laws” to be conferred on suc- have no authority to state that these suggestions cessful students at the Examination before they are in any way sanctioned by the Incorporated take the degree of Barrister-at-Law. This does Law Society, but we offer them for the consinot appear to be a well-chosen title for the deration of

our professional brethren in lowest degree of Law Graduates.

general.

Review: Dowdeswell's Merchant Shipping acts.

195 tended to invite the opinions of Attorneys; licitude to the Legislature. Accordingly, upon but with all due submission, the questions turning to the volumes of Statutes during the should have been sent at least to the seve- late reigns, we find almost every session preral Law Societies in town and country. senting

instances of the vigilance of Parliament We do not, however, doubt that the Com- these various enactments, a feeling of astonish

over this important interest. But if we peruse missioners were willing to attend to any ment will be excited, that such a subject, adcommunications that might be made to mitting of a great and comprehensive measure, them, and the neglect to make them is as the ordinances of other nations teach us, another proof of the apathy of the Profes- should have been dealt with piecemeal by a vast sion.

number of Acts, scattered throughout many volumes, exhibiting no system, general prin

ciple, or harmony, and frequently confused, NOTICES OF NEW BOOKS.

obscure, and inconsistent with each other. To

the experienced lawyer, even with the aid of The Merchant Shipping Acts,' 1854 and one of the best treatises in our language, po

1855 (17 & 18 Vict. cc. 104, 120, and easy task was presented of solving the various 18 & 19 Vict. c. 91); with a Readable questions which arose ; but to the student, and

more especially to the mercantile man, for Explanation of the Law relating to it: whose guidance a plain, simple, and connected also, Notes and an Appendix, containing even a moderate knowledge was attended with a Selection of the Instructions and Forms such difficulty as to deter many from its purissued by the Commissioners of Customs suit. During the present reign, in consequence and the Board of Trade. By GEORGE partly of the change in our maritime policy, MORLEY DOWDESWELL, Esq., of the and partly of increased attention to the comInner Temple, Barrister-at-Law. Lon- fort of seamen and passengers, numerous don : Stevens & Norton; H. Sweet ;

enactments have been passed, altering and suand W. Maxwell. 1856. Pp. 647.

perseding in part, from session to session,

former provisions, nd, at the commencement The Merchant Shipping Acts of 1834 of the last year, the Statutes upon the subject and 1855 are favourable specimens of the presented a singular specimen of patchwork. improvements recently made in the form of They were indeed a rudis indigestaque moles Acts of Parliament. It was formerly the of legislation.” business of the Editor of a Statute to make In this state of things the Act of 1854 his own arrangement of the enactments, but was prepared and passed, -arranging, simnow his labour is diminished, and generally plifying, and amending the previous enacthe cannot do better than follow the several ments. Mr. Dowdeswell's object has been, principal parts into which the draftsman of in the first place, to present an analysis and the Act has classified the several sections. general view of the Statute, with references

The Act of 1854 (17 & 18 Vict. c. 104), to decisions on former enactments so far as is divided into eleven parts, relating to the they throw light on the present Act; and following subjects :

next follow the Acts of 1854 and 1855. 1. The Board of Trade, and its general In that part of the Act which relates to functions.

Legal Procedure, it may be useful to many 2. British ships, their ownership, mead of our readers to call their attention to Mr. surement, and registry.

Dowdeswell's summary of the powers con3. Masters and Seamen.

ferred by the Act. It will be observed by 4. Safety and prevention of accidents. the following extracts that justices of the 5. Pilotage.

peace as well as the Superior Courts of 6. Lighthouses.

Common Law and the Admiralty Courts, 7. Mercantile Marine Fund.

are authorised to take cognizance of various 8. Wrecks, casualties, and salvage. injuries, claims, and demands :9. Liability of shipowners.

“All offences under this Act in any

British 10. Legal procedure.

possession, are punishable by any Court in 11. Miscellaneous matters.

which, or justice of the peace or magistrate by Mr. Dowdeswell thus describes the con- whom offences of a like character are ordinarily fused state of the former law on this sub-punishable, or in such other manner, or by ject :

such other Courts, justices, or magistrates, as

may from time to time be determined by any In a country pre-eminent in commercial Act or ordinance duly made in the possession. and maritime pursuits, we should naturally an- A stipendiary magistrate is to have full power ticipate that its mercantile marine and the va- to do alone whatever two justices of the peace rious matters connected with its protection and regulation, would form constant objects of so- | Abbott on Shipping.

. Sect. 519.

196

Review : Dowdeswell's Merchant Shipping Acts. are by the Act authorised to do; and for the offence; or if both or either of the parties to purpose of giving jurisdiction, every offence is it happen during that time to be out of the to be deemed to have been committed, and United Kingdom, within two months after every cause of complaint to have arisen, either they both first happen to arrive, or to be at in the place where it actually was committed one time within it; or if it be instituted in any or arose, or where the person complained British possession, unless it is commenced against may be. A Court, justice of the peace, within six months after the commission of the or magistrate having jurisdiction under this or offence; or, if both or either of the parties to any other Act or at Common Law, for any it happen during that time not to be within purpose whatever, over any district on the the jurisdiction of any Court capable of dealcoast of any sea, or abutting on, or projecting ing with the case, within two months after into any bay, channel, lake, river, or navigable they both first happen to arrive or to be at one water, is * to have jurisdiction over any ship or time within such jurisdiction. boat being on, or lying or passing off such “No order for payment of money is to be coast, or being in or near such bay, &c., and made in any such proceeding, if instituted in over all persons on board or belonging to her, the United Kingdom, unless it be commenced as if they were within the limits of his original within six months after the cause of complaint jurisdiction.

arises; or, if both or either of the parties hap“Service of any summons or other matter pen during such time to be out of the United in any legal proceeding under the Acts is to be Kingdom," within six months after they both sufficient, if made personally on the person, or first happen to arrive or to be at one time at his last place of abode, or by leaving the within it; or if it be instituted in any British summons for him on board any ship to which possession, unless it is commenced within six he may belong with the person being, or ap- months after the cause of complaint arises; or, pearing to be in command or charge of the if both or either of the parties to the proceedship.

ing happen during such time not to be within "If the master or owner of a ship, who is the jurisdiction of any Court capable of dealing directed by any order to pay any seaman's with the case, within six months after they wages, penalties, or other sums, fail to pay both first happen to arrive or be at one time them as prescribed in the order, the Court, within the jurisdiction. justices, or magistrate who made the order, in “No provision contained in any other Act or addition to any other powers of compelling ordinance, for limiting the time within which payment, may direct the amount remaining un- summary proceedings may be instituted, is to paid to be levied by distress or poinding and affect summary proceeding under this Act.” sale of the ship, her tackle, furniture, and apparel. The order for payment of money here

By the Common Law Procedure Act, intended, is such as is contemplated by the 1854,9 it is provided, that it shall not be Second Part of the 525th section, and there necessary to prove by the attesting witness distinguished from a conviction. This power, any instrument, to the validity of which by 7 & 8 Vict. c. 112, was confined to orders attestation is not requisite. for the payment of seamen's wages, and in that respect a very just provision extending to jus- arise

from the new Shipping Act impliedly re

"To obviate the inconvenience which might tices the power possessed by the Admiralty Court.

quiring almost all the documents to be at“A Court, justice, or magistrate imposing tested, it is provided that any document reany penalty, for which no specific application quired by it to be executed in the presence of, is prorided, has power to direct? the whole or

or to be attested by a witness or witnesses, part of it to be applied in compensating any able to bear witness

to the requisite facts, with

be proved by the evidence of any person person for the wrong or damage he may have sustained by the act or default in respect of out calling any attesting witness.” which the penalty is imposed, or in paying the An action in a Court of Common Law in expenses of the proceedings. Subject to this this country, for injuries inflicted by one power, all penalties recovered in the United vessel on another, is not considered as in its Kingdom are to be paid into the Exchequer nature local, as the Treasury directs, and those recovered in any British possession are to be paid over “And might be brought against any person, into its public treasury.”

though a foreigner, who happened to be within The time for instituting summary pro- served with its process. In case of injuries,

the jurisdiction of the Court, and could be ceedings under the Act is thus limited.

too, anywhere on the high seas, and not in “No conviction for any offence can be made any foreign territory, a suit might be instituted in any such proceeding, if instituted in the in the Admiralty Court, if the ship came to United Kingdom, unless it is commenced this country, and could be taken possession of · within six months after the commission of the by its officers. This latter mode was certainly

the most effectual in order to secure redress, 3 Sect. 520.

4 Sect. 521.
5 Sect. 522.
6 Sect. 523.

17 & 18 Vict. c. 125, s. 26.
* Sect. 524.
& Sect. 525.

17 & 18 Vict. c. 104, s. 526.

9

1

TAKEN BEFORE THE COMMISSIONERS.

Alphabetical List of Suits in and the object of the following provision seems

» Evidence before Commissioners.

199 to be to extend it to all cases where injury has been done to British property by a foreign ship, goes up, and he is plucked at the first Exami

sometimes happens that a well qualified man wherever it may have happened. “Whenever injury has, in any part of the been looking over the questions myself, and I

nation, and at the second he passes. I have world, been caused to property belonging to her Majesty, or her subjects, by a foreign ship, have been surprised to see questions so exceedif at any time afterwards that ship is found 2 in ingly difficult to young men entering the Proa port or river of the United Kingdom, or

fession; and I am sure that half the Attorneys within three miles of its coast, the Judge of

in practice could not answer them.' any Court of record in the United Kingdom,

712. You would suggest having a prelimior the Judge of the High Court of Admiralty, think even before they are apprenticed. It is

nary Examination, before admission ?-Yes; I or in Scotland the Court of Session, or the sheriff of the county within whose jurisdiction a very serious question, particularly in the case the ship may be, upon its being shown to him of women left with children to bring up. They by any person applying suminarily that the in- fancy that they have an opportunity of starting jury was probably caused by the misconduct a boy in the Profession, and they have to pay or want of skill of her master or mariners, may

the whole expense of his education, and of issue an order directed to an officer of Customs starting bim, and the Stamp duty, and perhaps or other officer named by the Judge, requiring

after all, the boy remains encumbering an him to detain the ship until such time as her office, and doing little or no good.

713. You have, at the Law Institution, a reowner, master, or consignee has made satisfaction for the injury, or given security, approved be admitted ? - Yes; but then it comes too late,

gular course of Examination before parties can by the Judge, to abide the event of proceedings I think it would be'a great improvement if they that may be instituted in respect of it, and to pay all costs and damages that may be awarded. were to be examined before they are articled. Any officer of Customs or other officer to

714. There are also courses of Lectures dewhom such an order is directed, is to detain

INNS OF CHANCERY. the ship accordingly. But if it appears,' that, before an application can thus be made, the ship will have departed beyond the limits just EXTRACTS FROM THE MINUTES OF EVIDENCE mentioned, any naval or military commissioned officer on full pay, or British officer of Cus- The following Evidence was given by the toms, or British consular officer, may detain Principals and Officers of the Inns of Chanthe ship until such time as will allow the appli

cery :cation to be made, and its result communicated to him. The officer is fully protected in doing

Timothy Tyrrell, Esq., examined. this, unless the detention is proved to have 661. You are a Member of Lyon's Inn ?been made without reasonable grounds." Yes. We think Mr. Dowdeswell has rendered Inn ?-1 believe we are considered as being

662. What is the constitution of Lyon's good service by his able summary of the Ancients, but whether Members or Ancients, I provisions of the Act.

believe the terms are almost synonymous. I believe we have not for many years had

anytain Examinations, you would have a much thing but Members or Ancients. better class of Articled Clerks,

663. Do you meet in any Hall ?--Not at all. 711. You mean an Examination in general

664. What are your functions ?-We apknowledge ?-Yes; before they are Articled. pear to have none. It appears to be a private I am satisfied that it is a very bad course of company, discipline now. A boy is taken raw from

665. How do you know who is a Member school, without its being at all known what or an Ancient ?' We have documents by taste may have with reference to study. I which the property passes. Before the promust admit that the study is very uninviting perty is conveyed, we constitute the individual at the first beginning, particularly if a boy is

Member. young from school. I cannot help thinking,

666. Who assumes to deal with the prothat before he is entered as a regular Articled perty ?-Those individuals who are Ancients. Clerk, it would be desirable that he should be In fact, there are only two of us left now. entered as a noviciate in some way in an office,

667. How did you become an Ancient?-I and he should then undergo an Examination was admitted at Chambers on the same day in certain subjects. I think that he cannot be that I was constituted a Member, and having too well skilled in Classical knowledge, for I purchased chambers, I hold them still; I hold believe that would be the best foundation for them for life, and a nomination, which in fact any man to study Law upon ; and I think, that means the power of selling. if after being two years in an Attorney's office,

668. You wished to have chambers in Lyon's he can pass certain Examinations, he might be Inn ?-Yes, my father was there before me, less than the additional three years in an Ate) and my brother also.

669. And you proceeded to some person to purchase them ?-Yes, who were present. I

a

? Sect. 527.

3 Sect. 528.

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