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LONDON: PRINTED BY G, J. PALMER, SAVOY STREET, STRAND.
LIBRARY OF THE
CONTENTS OF VOLUME LI.
Metropolitan Police. 375
Turnpike Trusts’ Arrangement, 500
Charitable Trusts' Act, 183
21, 28, 44, 45, 86, 95, 123, 302
London Corporation, 455, 480, 498
Trial of Offences, 318
313, 573, 453
Removal of the Courts, 210, 429
NEW RULES AND ORDERS.
Of claim by tenant for life, 488
Gift from client, 202, 285
Delivery up of papers, 224
NOTICES OF NEW BOOKS.
Agreement for annuity by firm, 503
Production of documents, &c., 427, 466
Legal education, 484
Greenwood's Conveyancing Manual, 402
Choice of counsel, 175, 239, 321
Law Magazine, 319
To be admitted, 75, 93, 366
Renewal of certificates, 55
Russell on arbitrators, 381, 417
Ireland, Society of Attorneys of, 204
Shelford's Insolvent Debtors' Statutes, 358 Law Students Corresponding Society, 36
Liverpool Law Society, 73
Sweet's Limited Liability Act, 110
Metropolitan and Provincial Law Association, 5,
Distinctions, &c., 156, 141
Peace Treaty, 433
Curiosities of Legislation, 588
Lawyers in Parliament, 248
Remarkable Trials, 10, 167, 184
Moot Points, 326, 444
Peerage for Life, 254
Non-payment of Counsel's Fees, 208, 326
Intended New Series of Legal Observer, 429
The Legal Observer,
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
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