Page images


follow :

Joint-Stock Companies' Bill.Trial of Offences Bill.-- Review. passed in the Session holden in the 14 & 15 bind the prosecutor and witnesses to appear on Vict., intituled “An Act to consolidate and the trial; 8. 9. amend the Acts regulating the proceedings of Petty Sessions, and the duties of Justices of

Process may be issued against any defendant the Peace out of Quarter Sessions in Ireland;" at large, and witnesses may be compelled to S. 58.

attend the trial; s. 10. The Justices imposing any penalty under this Act may direct the whole or any part

Expenses of the prosecution and rewards thereof to be applied in or towards payment of may be ordered to be paid ; s. 11. the costs of the proceedings, or in or towards Her Majesty in council may make rules to the rewarding the person upon whose informa- effect the purposes of this Act; s. 12. tion or at whose suit such penalty has been re- No objection to be taken to any writ of cercovered; and, subject to such direction, all penalties shall be paid into the receipt of her tiorari, order, or other proceeding for removing Majesty's exchequer, in such manner as the any indictment, &c.; s. 13. Treasury may direct, and shall be carried to It shall not be necessary to prove that any and form part of the consolidated fund of the indictment has been properly removed or transUnited Kingdom; s. 59.

mitted ; s. 14. Alteration of Forms.

Verdicts and judgments to be valid; s. 15. The Board of Trade may from time to time make such alterations in the forms and tables

Any defendant on bail may be bailed again contained in the schedule hereto as they deem or committed to Newgate ; s. 16. requisite, but they shall, before issuing any

Prosecutor and witnesses may be bound by altered form or letter, give such public notice recognizance to appear again at the Central as may be necessary for the purpose of prevent- Criminal Court; s. 17. ing inconvenience; s. 60.

The Court of Queen's Bench may impose TRIAL OF OFFENCES BILL.

any terms which seem reasonable on any de

fendant applying to be tried at the Central The proposed enactments in this Bill are as

Criminal Court; s. 18.

The treasurer of the county where the offence The Court of Queen's Bench may order was committed shall pay the expenses of the any indictment which has been removed into prisoner's maintenance, &c., in Newgate; s. 19. that Court to be tried at the Central Criminal

An account of the expenses of any prisoner Court; s. 1.

shall be delivered to the treasurer of any county When any such order has been made, the where the offence was committed (5 & 6 Vict. indictment shall be transmitted to the Central C. 98, s. 21); 8. 20. Criminal Court; 8. 2.

Any dispute shall be settled by arbitration When any such order has been made, the (5 Geo. 4, c. 85, s. 2); s. 21. depositions, &c., shall be returned to the Cen

In case the barrister die, &c., another may tral Criminal Court; s. 3.

be appointed (7 & 8 Vict. c. 93, s. 2); s. 22. When any such order has been made, the

Act not to affect any peer or peeress; s. 23. prisoner shall be removed to Newgate ; s. 4. [Some amendments in this Bill have been

When the indictment has been transmitted, made in Committee.] the Central Criminal Court shall have the same authority as if the offence had been committed

NOTICES OF NEW BOOKS. within its jurisdiction; s. 5.

Any person convicted may be sentenced to A Selection of Leading Cases on Real Probe punished, either in the county where the

perty, Conveyancing, and the Construcoffence was committed or within the jurisdic

tion of Wills and Deeds. By OWEN tion of the Central Criminal Court; s. 6.

Davies TUDOR, Esq. Butterworths. Any prisoner removed or committed to New- Mr. Tudor's Selection of Leading Cases gate under this Act may be taken to and from

in Equity is well known, and has acquired the Central Criminal Court as often as need

a deserved reputation. The idea of taking be; 8. 7.

a single prominent case to serve as the text

and theme for a dissertation upon a legal Every prisoner whilst being removed or de principle, first adopted by the late lamented tained under this Act shall be deemed to be in J. W. Smith, and admirably applied by him lawful custody (14 & 15 Vict. c. 55, s. 22); 8. 8. in his Selection of Leading Cases bearing

When a certiorari is delivered to any Court upon the Common Law, has been successto remove any indictment, such Court may fully pursued by Mr. Tudor, and the work

Review : Tudor's Selection of Leading Cases.The Law Magazine.

319 before us is another specimen of this pecu- ritance, rule in Shelley's case, bequest wheliar method of treatment. The advantage ther vested or contingent, easements, recoof studying the law through the medium of very, use upon use, gifts to children as a cases has long been recognised, indeed the class, rule in Wild's case.

It will be seen principle is as old as the law itself. The that this list is very miscellaneous and emold dom-bocs of the Anglo-Saxons appear braces some of the most prominent questo be little more than records of actual tions concerning the disposal and devoludecisions, and from the time of Edward the tion of land and the peculiarities of real Second, when the Year Books commenced, estate. we have a continued series of reports, which The work has not, of course, the compreare the repertory and storehouse of law. hensive and exhaustive character of one exText-writers may analyse, refine, and extract pressly devoted to a single subject, -as to principles, but, after all, the reported cases conveyancing alone, for instance, to powers, remain the real pabulum of the lawyer. A or the law of wills. The advantage it afprinciple presented in its concrete form, fords is to present to the lawyer, in a readthrough the medium of an example, is more able and accessible form, a mass of cases of easily retained, and more suggestive than the most frequent reference, accompanied when it is offered in its abstract form. The by an appendix of illustrative matter, giving method of cases has also been found very a complete view of the present condition of convenient as affording an easy nomencla- the law as to the points involved. ture and mode of reference, Shelley's case, As to the way in which Mr. Tudor has for instance, at once suggests a certain doc- executed his task, within the limits which trine of law which could hardly be so shortly he has marked out for himself in the preor conveniently referred to in any other sent volume, we are able to speak of it in way. It is true that some of the older terms of the highest commendation. His cases are quaint and crabbed,—they are like expositions, where he has occasion to speak old dried anatomical preparations handed in his own language, are clear and well condown from former practitioners, which have sidered, and his industry is attested by the formed the subject of lectures and demon- fact that considerably more than 3,000 strations to many a successive series of cases are cited or referred to in the notes. students. In the fact, however, that they The work will doubtless be a valuable addihave been over and over again anatomised, tion to the library of the working lawyer, and repeatedly referred to by way of illus- as well as to that of the student. tration or authority, lies their peculiar value, and some of the old Elizabethan decisions

THE LAW MAGAZINE. seem likely to remain as legal landmarks as long as the English Law lasts.

[FROM A CORRESPONDENT.] The field which Mr. Tudor has chosen When this Review was edited by Mr. Heyfor the present selection is a tolerably wide ward, it was distinguished by vigorous writing, one, embracing real property, conveyancing, and by large and liberal ideas of all the quesand the construction of wills and deeds. In illustration of these subjects the number of tions which came under its examination. Mr. leading cases given is but 35, but these, to- Heyward was succeeded by Mr. Symons. gether with the illustrative commentaries, During his reign some subjects were discussed form a bulky volume of above 800 pages. in a manner, which the Legal Observer felt We may as well give a list of the topics itself called upon to condemn, and certainly touched upon; they are as follows :-Exces- an occasional want of good taste, if not disresive execution of powers, escheat and for- gard of facts, was displayed, in the shape of feiture, devise vested on contingent, tenancy attacks upon the Incorporated Law Society, for life, condition repugnant to estate void, the groundless nature of which were successperpetuities, uses and trusts, apportionment fully exposed. During Mr. Symons' tenure of rents, commons, mortmain, extrinsic evi


power the Law Magazine was, in other redence in wills, powers, lapse, merger, failure of issue, simony, estates by implication, ac- spects, conducted with considerable ability, cumulation, executory or substituted gift in with perfect honesty, and with marked indewills, what words confer an estate tail, joint pendence. It has now been committed to the tenancy and tenancy in common, gift of sum hands of a new Editor, and an attempt is to be to be raised out of real estate, whether vested made by “strenuous efforts," to "render the or contingent, tenancy at will or from year to periodical more worthy than heretofore of conyear, tenancy at sufferance, estates of inhe- fidence and support.” For such a purpose


The Law Magazine. efforts now are, and will unquestionably still be “the substance” of a paper read before the be required; but, from the contents of the Juridical Society on December last. Any noFebruary Number, just published, it may be tice of this distinguished lawyer is of course reasonably doubted if they can or will be interesting; but as the “paper” of which it made, or, if made, be successful. That the is “the substance” will in due time appear Laro Magazine has vastly fallen away from its among the publications of the society, which former high position is matter of notoriety in has already printed several valuable contributhe Profession. Whether anything has been tions from its members, is difficult to see done or attempted, which is likely to arrest the why twenty-seven pages of “strenuous efforts" progress of its decay, the Profession will de- should be directed to giving the readers of the cide. Much, on the contrary, is to be found Magazine the “substance." in its last Number, calculated to facilitate the The "strenuous efforts” of the Editor are final dissolution of this Quarterly Review of not confined, seemingly, to a wholesale approJurisprudence.

priation from the records of the Juridical So It has often been said, and the assertion ciety,-those of another learned body are laid seemas not unreasonable, that the Legal Pro- under contribution. Twenty-two pages are fession neither require on the one hand, nor devoted to a reprint of the Report by the have any right on the other, to be represented Statute Law Committee of the Law Amendment by a “Quarterly." The admitted decadence Society as to the best means of Consolidating of the two legal periodicals, which still linger the Statutes.This paper is no doubt of great on from quarter to quarter, is a proof that this value as a contribution to the pending discusopinion is gaining ground. The Law Review sions on this most important subject; but is has appeared, it is said, for the last time, and that sufficient reason for its reproduction in a perusal of the last Number of the Law Ma- the pages of a Quarterly Review ? Such a regazine, which has produced this communica- publication can only be justified, where the tion, may serve to strengthen conviction on paper is not only of value and importance in this subject.

itself, but cannot be readily obtained by the Can any reader fail to be painfully struck Profession or the Public. It is notorious; howwith the begging petition addressed to pub- ever, that all the Reports of the Law Amendlishers, which is prefixed to the “Short Notes ment Society may be procured at its rooms for of New Books?” Can any other periodical a few pence, such being one of the means be mentioned which has condescended to make wbich the society adopts, for furthering its such an intimation? When a book is forward. views, and inviting discussion on its proceeded by a publisher to an editor, it is supposed ings. The purchasers of the last Number of to be a graceful acknowledgment of the dignity, the Law Magazine may possibly object to pay, and a respectful homage to the hitherto much at a high rate, for what may be obtained for a prized and firmly asserted independence of the few pence, and without strenuous efforts of literary critic; for no publisher has ever en- any kind, editorial or otherwise. tirely escaped, and many have severely felt the What, again, have the Professional or other censure of the reviewer. If a notice be held readers of the Magazine to do with a reprint of out as an inducement to forward books, which the subjects of the Lectures, delivered at the is what is done by the Law Magazine, it seems Inns of Court, or the Questions propounded to convert the promised review into a pur- to the Students for the Bar ? Every one sees chased advertisement, and what is much worse, the former screened in all the libraries and in the previous promise cannot but involve, on the halls,--the latter may have puzzled a few the part of the reviewer, a sacrifice of all in- dullards, and they have served their purpose ; dependence, and an entire abnegation of the yet other twelve pages of the Quarterly Recritic's right to speak the truth even when it is view of Jurisprudence are thus occupied. likely to be disagreeable. What value can be But it is not all reprint. Ten pages of placed on the opinion of an editor, expressed original writing are devoted to a review of on works sent to him on this eleemosynary Stephen's Lush's Practice, a work publishprinciple, the reader can judge for himself. ed, it may be observed, by the publishers of

Turning to the pages of the Magazine, the the Law Magazine. Dr. Johnson was obligFirst Article"Sir Samuel Romilly as an Ad- ed to eat broken victuals behind a screen vocate, a Jurist, and a Legislator"-purports to in the shop of his employer, but times are

The Law Magazine. On the Choice of Counsel by Attorneys.

321 changed, it is to be hoped, since the Great ON THE CHOICE OF COUNSEL BY Essayist and the immortal Goldsmith were

ATTORNEYS. compelled by stern necessity to obey the orders of the bookseller. Their sense of the degrada. “ERRAS SI ID CREDIS." - Terence. tion was blunted, if not destroyed, not only by

The remedy I saw alluded to in your their own anxieties, but by the “ practice” of Journal of Jan. 26, for the slow advancement of the day. To what is to be attributed, however, young Barristers,--namely, that it should no so long a review of our New Common Law longer be necessary for them to receive briefs Procedure, apropos solely of Lush's Practice. and cases through the medium of Solicitors, The new edition of Chitty's Archbold's Practice, and that the bar being removed they should the ninth edition of which has just appeared, — be allowed to run over the whole province of ably, carefully, admirably edited by Mr. Prentice Barrister and Attorney,—is a virtual amalga

- seems to be unknown to, if it is not inten-mation of the two Professions; and is but the tionally ignored by, the reviewer. The latter proposal of those who have not sufficiently course, indeed, would seem to have been considered the subject or the results to the adopted, for while in a list furnished of the noble community of the Bar. Were the bar different editions of the two Procedure Acts, removed, thus stands the case :-Mr. Vainthe editors of works, which have fallen still- labour, now in briefless destitution, is deborn from the press, are enumerated, the name lighted that A., B., and likewise C., should be of one author, and of the only one whose clients, who “ostia pulsant.” This is perhaps works have reached a second edition and are well for the present; but does, Mr. V. renow out of print, is entirely omitted. If this nounce all the ideas of future eminence ? and, be the result of ignorance, the reviewer is evi- looking along the vista of his hopes, does no dently not qualified for the duty he presumes silk gown in alluring sleekness shine ? Doth to undertake ; if it be intentional, the critic is no Judge appear? is it not bounded by utterly unfitted for the office he thus dese- the Woolsack, and embellished with a world crates. The first qualification of a reviewer is of wigs? Has he never followed Eldon on the the same as that of a Judge,-perfect impar- upward course, or pondered over Brougham ? tiality. It is not intended to charge the Law if he voluntarily extinguishes these brilliant Magazine, with wilfully ignoring the merits of prospects which glow in such vivid colours any author, whose labours have received the before him,-a rainbow, the promise that inapproval of the Profession ; and it is not im- dustry and talent shall not go unrewarded, possible, that an explanation of the omission nor be overflooded by interest. If he prefers alluded to may be offered in a future Number. mediocrity in probability to eminence and disTill the appearance of its next Number (if any tinction in possibility, let him still continue to next Number ever appears), the reader may Solicitorize and Barristerize-he can do a fairly suspend his judgment, on the animus of small portion of both--but thus competition the reviewer.

is lessened, and he lowers the dignity of his At all events, if the editorial labour of cor

own Profession. But it is not with these recting the proofs of reprints be a specimen of views that the prime of our youth enter at the “the practised revision and superintendence” Bar. If he does not, he will not be able, in of the new Editor, who (as announced by the full practice, to superadd the labours of a Sopublishers) has been “ long recognised as a licitor to those of the Bar, already acknowleading writer on the science and practice of ledged sufficient for any mortal brain. How the law,” what will be the results of the “stre- then: will he now repulse those who helped nuous efforts," when they come to be made, him to the pedestal he now stands on, and that are to“ render the periodical more worthy when his chamber door "mane salutantùm than heretofore of confidence and support”? totis vomet aditus undam,” shall he not still We may await them without fear. Meantime act as their Solicitor,—“Should auld acquaintlet us hope, that another opportunity, will ance be forgot.” present itself for discussing the claims to con- This system would also abolish of nefidence and support so confidently put forth cessity that most salutary rule of the Bar by the Law Magazine.

that Counsel receive only honorary fees. Of course, as the Daily News says, “a man must have a start;" but how? Silverspoon was 322 On the Choice of Counsel by Attorneys.- Law of Attorneys an i Solicitors. born Silverspoon ;-his father or uncle toiled strides will be less numerous, and why does and acquired the practice that feeds him ;-he he not consult some Attorney on whom he can was born with an interest in their patronage. depend, -and to deny that there are many This is his birthright, nor can you begrudge such, on the soundness of whose judgment, it him more than any one else, -Lord H. or and on whose ability and integrity the greatest Sir Henry B.,—the gallant deeds, exalted reliance can be placed, shows only the bittertalents, or industrious disposition of whose ness of envy or wilful malignity. Again,fathers and forefathers won them their present The layman being now at his Solicitor's position. How then is the start to be had. mercy,” it is thenceforth by the Daily Nexes For those who imagine others always on the proposed to put him at his Barrister's ditto. look out to give them a start without any Has it been proved that the bowels of the reason, or who picture to themselves ideal latter are more enlarged than that of the Solicitors wandering through Lincoln's Inn former? “A client becomes a prey to an in eccentric search after possible Broughams ignorant man;"—his own fault- let him find and not unlikely Erskines, are “ listening with a clever one. American customs cannot be credulity to the whispers of fancy, and pursu- pleaded; and, moreover, in the Supreme Court ing with eagerness the phantoms of bope." of Washington "ils ont changé tout cela," at We are humbly of opinion that Solicitors are the commencement of the present century; better engaged. How then for the start. “ In- for it is decreed that Counsellors may be advenienda via est qua me quoque possim tollere mitted Attorneys, but in that case they shall humo.” They must make a pedestal to stand not continue to act as Counsellors. You might on. Solicitors will not give briefs to the also just as well plead the custom of electing “great unknown” ones. They must, ere they Judges, which prevails in some parts there, enter at the Bar, take a good class at Oxford. and put the Judgeship of the Oxford Circuit Nor can they expect, after idling away a couple up to vote. of years in a Barrister's chambers, without any To sum up :-there are the two Professions, great perseverance or study, to emerge by a and, as we used to learn in the Latin 'grammar legal-electro-platism covered with fees and in the third form,—“Utrum horum mavis achonours. Let them work then, first having cipe,”—but don't, oh! don't hanker after both. considered whether they are fit for it;—for be

S. D. it known there are some on whom did it rain legal honours as thick as hail, none would LAW OF ATTORNEYS AND SObecome them,-their talent is of a different

LICITORS. nature. The cause of the extreme difficulty in rising to eminence at the Bar is this:-the TAXATION, WHERE RETAINER DISPUTED higher the talents of the order in which you

AND ACTION AT LAW. wish to excel, the more ability and persever

It appeared that the Mayor of Saffron ance is required to do so. Nor can you ex- Walden convened a meeting of the inhabitpect in a moment to rise to distinction in a

ants to take into consideration the propriety profession which is with us as Meyer said of the owners of small tenements in lieu of the

of applying to Parliament for an Aet to rate it in France, that "it is as dificult as honour

occupiers. A resolution was passed in able.” And though a patient attendance in favour of the proposition, and a committee "a building just up by the sky” will not was appointed to carry it into effect, con. bring eit

a shower of briefs in at the win- sisting of the members of the town council, dow, nor the eager tap of the anxious Solicitor the two churchwardens, the two overseers, at the door of his elevated tenement, yet let the board of surveyors, the guardians of young Barristers know that in their profession the parish (of whom the petitioner, John talent, perseverance, and health rarely or never Clarke, was one), and eight other persons. fail in the end, and that the tide wave will Soon after, and before applying to Parliacertainly reach them, though it reach other ment, it was suggested that a guarantee

fund should be raised to meet the shores first.

expenses, To conclude.—The Daily News says,- the following form of guarantee was accord

in case of failure in obtaining the Act, and “Who shall fathom the mysteries of a law. ingly drawn up :-“We, whose names are yer's bill, or know if he take ten steps instead hereunto subscribed, undertake to pay such of one.” We ask, who shall say his Barrister's sum, not exceeding the amount set against

« EelmineJätka »