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The Properly Lawyer. - Notices of New Books : Logan on the Laws of England, Sc. 325 deed where the change occurs by a sudden ad-wrongs. Mr. Logan does not, indeed, assert vance or recession of the water. In Scotland, with any positiveness, that his mode of a river containing a valuable salmon fishery, arranging the doctrines of the law is better belonging to the present Lord Chief Commissioner Adam, was suddenly transferred to the than that of the learned commentator ; but land of his neighbour. Afterwards, by another he contends that a change will be beneficial, equally violent effort of nature, the river re- by presenting the subject in a new liglit. turned to its former channel ; but in neither This proposal is not, however, altogether case did the owner of the bed of the river lose new, for Mr. Wooddeson, in his lectures on his right to the soil. But in all cases of the law, departed from the classical plan, gradual accretion, which cannot be assertained and pursued an arrangement of his own. from day to day, the land so gained goes to The several Abridgments and Digests of the the person to whom the land belongs to which the accretion is added; and vice versa. That law may also be considered as other methods is the rule between subject and subject; but it of study. The latter works contain many is said to be different as between the Crown and excellent outlines of particular branches of subject. But Sir F. Pollock says, we all hold the law; but being compiled in alphabetical by grant froin the Crown : then the Crown order, the student cannot conveniently avail holds by the saine rights and with the same himself of their contents, without the conlimitations as its grantee. This being then the case of a gradual acress of the water, it stant advice of some competent instructor, makes the land now between high and low who may point out the succession in which water inark the property of the Crcwn. No the principal articles should be read. authority is needed for this position, but only Mr. Logan first takes up the subject of the known principle which has obtained for marriage. He considers that this contract, the mutual adjustment and security of property, and the rights connected with it, are so imAlderson, B.—I am of the same opinion. I
portant that it may be conveniently taken think the question is precisely the same, whether the claim is made as against the as the subject with which to commence a Crown or the Crown's grantee. Suppose the compendium of the law. “From marriage,”
he Crown, being the owner of the fore shore, says, “ the principal relations which the that is, the space between high and low water law contemplates are derived. On it the mark, grants the adjoining soil to an indivi- descent of real and personal property dedual; and the water gradually recedes from pends. With it, the most important rights the fore shore, no intermediate period of the of persons and things are mediately or imchange being perceptible; in that case the
mediately connected.” right of the grantee of the Crown would go
We will first state the general scope of forward with the change. On the other hand, if the sea gradually covered the land so granted, | Mr. Logan's labours, and then consider the Crown would be the gainer of the land. whether his plan is likely to facilitate the The principle lail down by Lord Hale, that acquisition of legal knowledge, in compathe party who suffers the loss shall be entitled rison with the plan of the commentaries. also to the benefit, governs and decides the question. That which cannot be perceived in comprises ; 1. The requisites of the Contract
The work, so far as it has been published, to existed at all. Gurney, B., and Maule, B., con.
of Marriage. 2. A summary of decisions curred. Judgment for the Crown.
3. The Wife's acts be
on Promises, &c. Hull and Selby Railway, 5 M. and W. 327. fore Marriage. 4. Acts of the Wife after
Marriage. 5. Grants and Contracts between Husband and Wife. 6. Whether
admitted as Evidence for or against each NOTICES OF NEW BOOKS.
other. 7. Divorces à mensa et thoro. 8. Divorce 1 vinculo matrimonii.
The author then enters on the Scottish, and Compendium of the Laws of England, Scot-afterwards on the Roman Law of Marriage,
land, and Ancient Rome, for the Use of the consideration of which we may defer Students. Parts I. and II. Of Marriages. for the present, if not sine die. By James Logan, Esq., Advocate. Fraser,
The principal objection to the plan of Mr. Edinburgh : Maxwell, London. 1839.
Logan appears to be, that he mixes up Tue author of this work has attempted a different principles, and each having a dif
several distinct systems of law, founded on new method of studying the law.
ferent origin. readers are all well aware of the plan of
Thus the validity of the Blackstone, who treated (after the manner
contract of marriage is determined partly by of Justinian's Institutes) of the rights of
the Ecclesiastical Courts, and partly by the persons; the rights of things (or the laws Courts of Law and Equity. "Mr. Logan,
under the head of “Decisions on Promises of property); of private wrongs ; and public
326 Notices of New Books.- New Bills in Parliament.- Law of Attorneys. of Marriage,” treats of actions for the breach first of such classes : And by such statute it is of such promises, the pleadings therein, the also enacted, that certain rules and regulations evidence, the defence, and the jurisdiction therein prescribed and set forth should be in Equity regarding settlements. In the
observed in every prison in England and
Wales in addition to and in amendment of the course of a few pages, therefore, the student other rules and regulations which should be in is abruptly introduced (supposing this to be force in such prisons: and doubts existing his first book) into detached parts of the whether the several rules and regulations preEcclesiastical, the Statute and Common scribed and referred to in and by the said staLaw, the Principles of Equity, and various tute can be properly applied to debtors forming matters of practice, pleading, and evidence. the said first class of prisoners, and to be obProceeding a little further, we come to should be appropriated to the confinement of
served in such parts of the said prisons as the fifth Chapter, in which the Grants and debtors : and inasıpuch as several of such Contracts between the Husband and Wife rules and regulations ought not to be applied are treated of, with their mutual interests lo prisoners for debt, it is necessary and expein each other's estate and property. Here dient that such doubts should be forth with rewe have opened up a large field of the law moved, and that such of the said rules and of real property. Then comes (as a part of regulations only should be applied and obthe Common Law again) the Privileges of served, in regard to such first class of prison
ers, as shall be made by the persons authorized the Wife from Arrest ; and this is followed by law to make rules and regulations for the by the Incapacities of the Wife; the Suing governinent of the said gaots and prisons, and of Husband and Wife, or suing either of approved of by one of her Majesty's principal them alone; the Pleadinge, &c.
secretaries of state. The 7th and 8th chapters on Divorce, are
It is therefore proposed to be declared and of course peculiarly of ecclesiastical cogni- enacted, that the said several rules, orders and zance, and the 9th on Bigamy, comes under statute are not and shall not be deemed to be
regulations prescribed and set forth in the said the branch of Criminal Law.
applicable to the said first class of prisoners, Although, however, we cannot subscribe and shall not be observed in that part of any 'to Mr. Logan's new Readings of the Law gaol or prison where prisoners for debt shall be of England, as any improvement upon the coufined, except as by this act is bereinafter ancient ways of study, we do not mean to enacted and provided. say that his labors are without merit; on be lawfully confined, such and so many of the
2. That in all prisons in which debtors may the contrary, we think that those who have several rules, orders and regulations set forth leisure to peruse, not only Blackstone, but and prescribed or mentioned or referred to in Wooddeson, ard the present author, will be and by the said statute as shall be selected by benefited thereby. As cited by Mr. Logan the persons authorized by law to make rules from Sir John Herschell, It is always of and regulations for the government of the said advantage to present any given body of prisons, and approved of by one of her Maknowledge to the mind, in as great a variety jesty's principal secretaries of state, shall be of different lights as possible.” Our only prisons as are appropriated to the confinement
observed and applied in such parts of the said wish is, that the student (for whose use Mr. of debiors, and no other of such rules and Logan expressly writes) should first make regulations. himself master of such parts of the law as 3. That it shall be lawful for the said per. remain unaltered, according to the admirable sons authorized as aforesaid, with the approval method of Blackstone, and this or other of such secretary of state, froin time to time to works aiming at the same object of elemen- make such other additional rules, orders and tary instruction may then be profitably such class of prisoners
regulations as may be required in regard to
LAW OF ATTORNEYS. NEW BILLS IN PARLIAMENT.
The several points contained in the reports PRISONS ACT AMENDMÉNT RELATING TO
of the Superior Courts published during the
last three months, relating to the law of By the 2 & 3 Vict. c. 56, it is among other attorneys, are the following. They are things enacted, that the prisoners of each sex extracted from the first part of our Analyti. in the gaols and prisons therein mentioned cal Digest for 1840. should be divided into the classes therein also mentioned and set forth, and that debtors in those prisons in which debtors might be law- “1. If a party applying to be admitted an fully confined should form and constitute the attorney undergo the examination under R. H.
Law of Attorneys. ~ Eraminations for Degrees in Laws at the London University. 327 6 W. 4, but fail to obtain his certificate, he
CLERK OF THE PEACE. caunot be examined without giving a fresh term's notice. In re Examiners of Attorneys, ways exercised the office of clerk of the peace,
“Where the town clerks of a borough al8 A. & E. 745. “2. An attorney baving been admitted in
by themselves or deputy, without any forinal the Court of Common Pleas, in January, 1826, town clerk was not liable to penalties under
appointment thereto, --Held, that the deputy without fraud, -upon an affidavit that he was then an attorney of the Court of King's Bench, the 22 Geo. 2, c. 46, for practising as an attorand upon producing his admission in that I ney at the borough sessions, without proof of Court, in 1810, and reading his affidavit that Faulkner v. Chevell, 2 P. & D. 262; S. C. 18
his having acted as deputy clerk of the peace. he had paid the duty on the articles, and that L. 0. 56." he had been admitted an attorney of the Court
COGNOVIT. of King's Bench,--the Court' of Common Pleas refused in 1839 to strike him off the roll,
“1. In order to make a cognovit valid, its on the ground that he had ceased to practice execution must be attested by an attorney atin 1820, had been re-adınitted in the Court of tending on behalf of the defendant, other than King's Bench in 1823, but had not taken out the attorney acting for the plaintiff. Muson v. bis certificate after such re-admission till Kiddle, 5 N. & W.513. January 1836. Paget v. Chambers, 5 Bing. “2. In order to render a cognovit valid, acN. C. 630; and see Wilton v. Chambers, 2 N. cording to the provisions of 1 & 2 Vict. c. & P. 392; 7 A. & E. 524; and Dig. for 1838, 110, s. 9, although the attorney acting for the
defendant may have been named by the plain“3. Plaintiff being employed as an attorney tiff's attorney, it is no objection to the validity to conduct an appeal against the removal of a
of the instrument that the defendant adopts pauper, omitted to enter and respite the appeal hin, if he has a full opportunity of exercising at the first sessions after the removal, and pru- his discretion as to the adoption; but if the ceeded to the second sessions, after having circuinstances are such as to preclude such an served the respondents with a notice of the exercise of discretion, the cognovit is bad. grounds of appeal, signed by himself, instead Therefore, where a defendant was about to of the overseers of the appellant parish, the give a cognovit, and was unacquainted with sessions having refused to hear the appeal : any attorney, and at his request ihe plaintiff's Held, that plaintiff was not entitled to recover attorney sent his clerk for one, who came and for his services. Huntley v. Bulwer, 6 Bing. acted in that capacity for the defendant, a reN. C. 1ll.
quest to that effect being written by the plain“4. The Court of C. P. will, under very tiff's attorney in the margin of the cognovit, special circumstances, relax the rules required the Court of Q. B. set aside that instrument. to be observed on the re-admission of attor. Barnes v. Pendry, 7 Dowl. 747.” neys. Er parte Smith, 7 Scott, 344.
* 5. The Court of Q. B. will not allow an articled clerk to be examined before the “The 1 & 2 Vict. c. 110, s. 9, requiring expiration of his five years' service. Ex the presence of an attorney on behalf of a parte Bartlett, 7 Dowl. 699 ; S. C. 18 L. 0. defendant executing a cognovit or warrant of 335.
attorney, does not apply where the defendant is “6. Where an articled clerk's christian himself an attorney. The provisions in the name has been incorrectly stated in the notice statute is for the benefit of the defendant only ; of admission, the Court of Q. B. will allow the and therefore a third party, who may be prenotice to be corrected. Ex parte Dukes, 7 judiced by a judgment against bis debtor, canDowl. 605; S. C. 18 L. 0. 31.
not object that no attorney attested the execu“7. Where an attorney of the Court of tion of the warrant of attorney on which such Pleas of Durham, applies for admission into jurgment is founded. Chipp v. Harris, 5 M. the Superior Courts at Westminster, the Court & W. 430 of Q. B. will not relieve him from undergoing the examination required by the new rules ; but in case of not passing examination, he
EXAMINATIONS must inake a subsequent application. Ex parte Marshall, 7 Dow). 621.
FOR DEGREES IN LAWS AT THE “8. Where an attorney has practised seven
LONDON UNIVERSITY. years, and has been off the roll twenty-seven years, during which time he has not been engaged in the law, but then becomes a mana- The following are the regulations at the ging clerk in the office of an attorney, and examination for the degree of swears to his capacity as a lawyer, the Court of Q. B. will allow bim to be re-admitted. Ex parte Brabant, 7 Dow). 622.
Period of the year. The Examination for “9. The circumstance of an attorney hold the Degree of Bachelor of Laws shall take ing a security for bis claim, is not sufficient to place once a year, and commence on the seinduce the Court of Exchequer of Pleas to cond Monday in November. interfere in a summary way to compel him to After the year 1841, no candidate shall be account. In re Lord Cardross, 7 Dowl. 861.” admitted to the examination for the degree of
WARRANT OF ATTORNEY.
BACHELOR OP LAWS.
Examinations for Degrees in Laws at the London University.
B. L. until after the expiration of one academ-nors shall be examined in one or more of the ical year from the time of his obtaining the following subjects : degree of B. A. in the university, or in one of Jurisprudence. the universities from which this university is Conveyancing. or may be authorised to receive certificates. Law of the Courts of Equity.
Certificates.- Previously to the year 1842, Law of the Courts of Common Law. candidates shall be admitted to examination Ronan Law, and the Law of the Admiralty for the degree of B. L., who have shewn evi. and Ecclesiastical Courts. dence that they have completed their twentieth Colonial Law. year, and who have produced a certificate of The examination shall take place on Monhaving been students during two academical day, in Jurisprudence; Tuesday, in Conveyyears, at one or more of the institutions in ancing; Wednesday, in the Law of the Courts connexion with this university; or have taken of Equity ; Thursday, in the Law of the Courts the degree of B. A. in this university, or in one of Common Law; Friday, in the Roman Law, of the universities from which this university and the Law of the Admiralty and Ecclesiis or may be authorised to receive certificates. astical Courts; Saturday, in Colonial Law. · The certificates shall be transmitted to the In determining the relative pusition of the registrar at least fourteen days before the ex- candidates, the examiners shall have regard to amination begins.
the proficiency evinced by them in the B.L. Fee.—The fee for the degree of B. L. shall examination. be ten pounds. No candidate shall be ad- The examiners shall publish, in the course mitted to the examination unless he has pre- of the ensuing week, lists of the candidates in viously paid this fee to the registrar; and if he the order of proficiency in each subject; but fail to pass the examination, the fee shall be candidates shall be bracketed together, unless returned to him.
the exardiners are of opinion that there is a How conducted.-The examination shall clear difference between them. he conducted entirely by means of printed Scholarships.- If in the opinion of the expapers.
aminers any candidate shall possess sufficient Subjects of eminination.—Candidates for merit, tbe candidate who shall distinguish bimthe degree of Bachelor of Laws, shall be ex- self most in jurisprudence, shall receive fifty amined on the following subjects :
pounds per annuin for the pext three years, Blackstone's Commentaries;
with the style of “University Law Scholar." А three last volumes of Kent's Com.
The following are the regulations at the mentaries.
examination for the degree of DOCTOR OF Rutherforth’s Institutes of Natural LAWS. Laws ; or the two portions of Du
No candidate shall be admitted to the exaB
mont's edition of Beutham's Morals mination for the degree of Doctor of Laws, and Legislation, which contain the until after the expiration of two academical principles of a Civil Code, and the years froin the time of bis obtaining the degree principles of a Criminal Code. of B. L. in this university.
The fee for the degree of Doctor of Laws Hours of examination — The examination of shall be twenty-five pounds. No candidate the candidates shall take place on Monday and shall be adınitted to the examination unless be Tuesday, in the morning, from ten to one, has previously paid this fee to the registrar; and in the afternoon from three to six ; and and if he fail to pass the examination, the fee the candidates shall be examined in subject A. shall be returned to bim. on Monday, and in subject B. on Tuesday. On Monday morning in the following week, the examiners shall arrange in two divisions, each in alphabetical order, such of the candidates as bave passed.
There shall be as many examiners in law as the number of candidates in the several de
partments may require ; the candidates transThe following are the regulations relating to mitting to the registrar their application to be the examination for HONORS.
admitted to a degree before the 15th of April Maximum for age.--Any candidate who has of the year in which the examination is to take passed, and has produced a certificate shewing place; and the examiner or examiners shall ihat he has not completed his twenty-fifth year be appointed at a meeting of the Senate, to be inay be examined for honors ; but in case any held between the last day on which such apcandidate should delay proceeding to the ex- plication can be received and the day of exanination inore than three academical years amination. from the date of his passing the examination for the degree of B. A., he cannot be admitted the following are the Regulations relating to the to the examination for honors, unless he show evidence to the satisfaction of the examiners
MODE OF CONDUCTING THE EXAMINATIONS. that he has been prevented up to that tiine Each examiner shall be present during the from proceeding to the examination for the whole time that the candidaies are engaged in degree of B. L.
writing answers to the questions in the papers. Subjects of examination.-Candidates for ho- set by him; but if a paper be set by more than
MONMOUTH SPECIAL COMMISSION.-MISTAKE
OF TREASURY SOLICITORS.
Grievances of the Profession. - The Student's Corner.
329 one examiner, the presence of one examiner THE STUDENT'S CORNER. shall be deemed sufficient If from sickness or unavoidable nccessity no such examiner should be able to attend, the registrar shall be present. Every member of the Senate, and
Sir, examiner, shall have the right of being present If the case put by“ Lex,” p. 280, ante, is a real during vivá voce examinations, but only the one, I have only to hope that he is fortunate examiners, specially appointed to conduct the enough to be concerned for the widow; for examination, shall have the right to put ques. as to the soundness of her claim to the imtions.
proved value there can be no doubt. All the examiners to whom any vivá voce Under the old law it seems, dower attached examination is entrusted shall be present the to lands of which the husband was at any time whole time during which such examination is seised during the coverture, and that after it continued.
once attached, it was not in the power of the No candidates shall be present except those husband to defeat it—and there the law stops. under examination.
It goes not into any questions of value, whether by inanuring the ground beneath, or by erecting buildings upon it,,but gives the
widow one-third of the land. During the GRIEVANCES OF THE PROFESSION.
coverture, the land inay be iinproved in value or be dininished-but her right does not come into possession until the husband's death ; and in whatever condition the land chances to be
then, such she is entitled to one-third of. Sir,
The widow need not care by whom the land I by no means mean to impute any blame has been improved, and if the purchaser chose either to Mr. Maule or Mr. Bouchier, the to build on land out of which he knew an injoint solicitors of the Treasury: they are, defeasible claim would probably one day take doubtless, very able men in their way;-but effect in possession, without procuring any little used, from habit, to the technicalities of release of that claim, he must take the consean attorney's office. The chief object of iny quence. cominunication is to call the attention of the If the widow's claim is doubted, we shall profession to the fact of barristers being nomi bear next perhaps of a contingent remaindernated, and that by act of parliament, Solicitors man's having to refund to the purchaser from of the Treasury. Considering that there are the tenant for life, the value of all improvemany men in the profession equally as compe- menis, so as to reduce the value to the statu tent as these gentlemen to perform the duties, quo when his remainder was limited. I do not see why the profession in such ap- Let “ Lex " remember that the widow's pointments should, as of late, be passed over. right takes effect in possession on the land at Í feel confident, (and in this I believe I speak the death of the husband; and such as she the sentiments of a majority of the profession) finds it there is no pretence to prevent her that had the late prosecution for treason been from taking.
J. S. T. in the hands of any solicitor of respectable practice, the point reserved never would have arisen. I say this with good feeling to the present solicitors, who have never been used in reply to the enquiry on the subject of Dower, to such minor matters which are inet with in made by your correspondent under the signathe daily experience of an attorney's office. ture “Lex,” (p. 280,) I presume that he in
Beta. tends to raise this simple question :- Whether
A.'s widow is to be endowed according to the
improved value, or according to the value of COUNSEL'S FEES.
the land at the time of the sale by her hus.
It is difficult to gather from the books any In common with many members of the pro- distinct proposition as to the extent of her fession, I have had reason to complain of the claim; and I would premise that in all the absence of counsel in other courts wben the cases which I am enabled to cite here on the causes in which they hold briefs have been point, the dispute, as respected her right, had called upon. In all such cases the fees should arrived at that stage in which an assignment be instantly returned, and as they may be now by the sheriff was needful. I name "this in irrecoverable in a court of law, I would sug- order to render the language employed in my gest a legislative enactment, enabling parties quotations from different authors generally to maintain actions for their recovery. I am intelligible. That one-third in value, and not in satisfied this would operate beneficially in in- point of quantity merely, was what was conducing counsel to do their duty. Counsel also templated by the old law, seems to adınit of no should be enabled to recover their fees by doubt: thus, the only provision made for the action.
Civis. security of the dowress, in the siinple state of
property in former times, was, by requiring the sheriff to assign her a third part of each