bishop of the diocese, and he was bound to distribute the intestate's goods in charity to the poor, or to pious uses. Having thus the administration of an intestate's effects, he acquired jurisdiction in the matter of wills, as it was thought just and necessary to prove to the satisfaction of the Ordinary, the will whereby his right to the administration should be ousted. By 13 Ed. I. C. 19, it was enacted that the Ordinary should pay the debts of the intestates, so far as the goods would extend; the residue, however, after payment of debts still remained in the hands of the Ordinary, to be applied in the manner he should think best; and, therefore, by 31 Ed. III., c. 11, the Ordinary was bound, on intestacy, to depute the administration to the next of kin of the deceased to whom "letters of administration," were granted. The Ecclesiastical Courts thus gradually obtained the “Probate" of wills, the granting of "administration," and the decision of questions relative to legacies wherein they had concurrent jurisdiction with the Court of Chancery. From the Consistory and Prerogative Courts and Court of Arches appeal lay to the Privy Council. The custody of wills is now committed to the Court of Probate. Testamentary legislation has now become secularised by the "act to amend the law relating to probates and letters of administration in England." A judge of similar rank with the puisne judges of the Common Law Courts, and who is likewise judge of matrimonial causes, presides over this court, which is a "court of record." On him depends the probate of wills and the granting of administration. Questions touching the validity of wills likewise pertain to this court, which can have disputed matters of fact determined by means of a jury. As subordinate officers there are a principal registrar, three registrars, two recordkeepers, and a sealer; forty sub-districts, managed respectively, by a district-registrar, having the custody of wills, and power to allow probate, serve to decentralize the system. In disputed matters, under £300, it is open to the parties interested to recur either to the Court of Probate or to the County Court. From the latter, appeal lies to the Court of Probate. The judge of this court may transfer matters of trifling import to the County Court for decision, appeal lies from the Court of Probate to the House of Lords. The old Common Law, by which a testator could only dispose of one-third of his personal goods, has been long since abolished, and a man may devise the whole of his chattels as freely as he formerly could his third part. By the 32 Henry VIII. c. 1, owners of land were empowered to give, by will, the whole of their lands held in free and common socage, and two-thirds of their lands held by knight-service; but, as by the 12 Chas. I. c. 24, military tenures were abolished, a testator has since been enabled to dispose of the whole of his lands; and the execution of a will of land, and a will of personalty is now precisely the same. Every will must be signed in the presence of, and attested by, two witnesses. 3. The Insolvency Court has now ceased to exist, as the distinction between insolvency and bankruptcy is no longer recognised by the English law. 4. The Central Criminal Court for London was established by 4 and 5 Will. IV. c. 36. To this court the following receive commissions :-the Lord Mayor, who, in all commissions of oyer and terminer and jail-delivery in London, according to the privileges of the city, is to preside there, but never pronounce sentence; the Lord Chancellor; the Lord Keeper of the Great Seal; the fifteen judges at Westminster; the Judge of the Admiralty Court; the Dean of Arches; the aldermen ; the Recorder; the Common-Serjeant, and the judges of the Sheriffs's Court at London, and since 5 Vict. c. 5, the Vice-Chancellors. Under the commission, may also be included other persons who have been either Lord Chancellor, Lord Keeper of the Great Seal, or judges at Westminster; these judges have a commission of oyer and terminer and jail-delivery, and, in consequence thereof, may pass sentence in regard to all offences and crimes committed in London or Middlesex, and certain portions of Essex, Kent, and Surrey, and also for felonies and misdemeanours committed on the high seas. The court is further empowered to summon before it, all matters which are actually being proceeded with before justices of the peace and police magistrates. The district comprises a circuit of ten English miles round St. Paul's. By 19 and 20 Vict. c. 16, persons charged with offences committed out of the jurisdiction of the circuit may, nevertheless, be ordered by the Queen's Bench to be there tried if it shall appear to the latter court expedient so to do. A trial on an indictment which would, in the ordinary course, be held in the Central Criminal Court may, by writ of certiorari, be removed into the Queen's Bench, when that court deems it expedient. The court sits twelve times a year at the commencement of every month.* 5. Since 1846 the civil jurisdiction has, by means of the new County Courts, been decentralized to a certain extent by 9 and 10 Vict. c. 95, and 13 and 14 Vict. c. 61, and 19 and 20 Vict. c. 108. For this purpose England and Wales have been apportioned into certain districts for the purpose of holding courts therein, the districts being divided in unequal numbers amongst the sixty County Court judges. By 21 and 22 Vict., c. 74, the Lord Chancellor has power to alter and re-distribute the districts of the courts. Until Parliament shall otherwise direct, the judges are not to exceed sixty in number; two persons may be appointed the judges of one or more districts. These judges are chosen from among barristers of seven years' standing, who must, however, relinquish their practice; they are appointed by the Lord Chancellor, the Home Secretary cooperating in the nomination; though appointed for life, the Lord Chancellor may, on the ground of misbehaviour or incapacity dismiss them. They are subject to the directions of the Lord Chancellor in so far as these are not contrary to law. They receive a salary ranging from £1200 to £1500, and the registrars, who must be attornies-at-law, have salaries which range from £120, where the annual number of plaints does not exceed 200, with an additional £5 for every additional twenty-five plaints. The court has jurisdiction in all 'personal actions where the debt or damage claimed is not more than £50; but not, except by agreement of the parties in any action of ejectment, or any action in which the title to hereditaments, or to any toll or franchise is in question, nor in any action for malicious prosecution, libel or slander, seduction, or breach of promise of marriage. If the object of the suit amounts in value to more than £5, the plaintiff or defendant may require a jury of five to be summoned. In actions under £5 the judge may, in his discretion, on application of either of the parties, order that the action be tried by a jury. By 19 and 20 Vict. c. 108, if both plaintiff and defendant agree that the court shall have power to try the action, if it be one which may be brought in a superior court, the court will have * Bowyer, 331. jurisdiction; and even when the subject matter exceeds in value £50. The jurisdiction of the court also extends to the recovery of any demand not exceeding £50, which is the whole. or part of the unliquidated balance of a partnership account, or the amount of a distributive share under an intestacy, or of any legacy under a will. By section 3 of the new Bankruptcy Act, the judge of every County Court is to have, and exercise within his district the jurisdiction and authority of the Commissioners of the District Court of Bankruptcy. By 22 and 23 Vict. c. 57, imprisonment on account of small debts can only take place when the debtor has acted fraudulently. The Crown can also render cases of fraud upon the revenue, in regard to matters amounting to £100, and questions touching the payment of succession-duty amounting to £50, determinable in these courts. They hear and determine disputes arising in the management of friendly societies. Finally, the superior courts uphold them in cases of arrest and legal process. The fees payable in these courts are very low, judging by the ordinary English scale. If either party be dissatisfied with the direction of the court in point of law, or upon the admission or rejection of any evidence in actions where the sum sought to be recovered is above £20, he may appeal to any of the superior courts of Common Law. The action of replevin was formerly commenced in the Sheriff's Court, but now, by 9 and 10 Vict., c. 95, all actions of replevin are to be brought in one of the new County Courts. By 19 and 20 Vict. c. 108, the powers of the Sheriff with respect to the action of replevin, ceased, and the Registrar of the County Court is empowered to grant replevins. The plaintiff may now commence his action either in the County Court or in any of the superior courts. CHAPTER V. BARRISTERS AND ATTORNEYS. Barristers.Esprit de Corps. - Special Pleaders.-Conveyancers. - Attorneys.Solicitors.-Notaries.-Doctors' Commons. BARRISTERS (Apprenticii ad legem) are admitted, after a considerable degree of study, or, at least, of standing in the Inns of Court, to plead in all the courts. A barrister may be appointed serjeantat-law,* which only takes place when the barrister has obtained a somewhat extensive practice. The dignity of serjeant-at-law, in Fortescue's time, could only be attained after sixteen years' standing; but no precise time is now necessary to qualify them. The serjeants still constitute a smaller Inn, to which the Judges of the Courts of Law at Westminster are always admitted before being advanced to the Bench, in consideration of which they address the serjeants with the appellation of "Brother." In 1856, the number of serjeants-at-law amounted only to 28, out of 3816 barristers. Their privilege of pleading exclusively in the Court of Common Pleas has been recently abolished. From the degree of barristers, or serjeants-at-law, some are usually selected to be Her Majesty's Counsel. The first invested with the dignity was Sir Francis Bacon, who was made so honoris causa, without either patent or fee. The first of the modern order (who are sworn servants of the crown, with a standing salary) was Sir Francis North, afterwards Lord Keeper to Charles II. These counsel must not be employed in any cause against the crown without special licence. Barristers, or serjeants, are known by the general name of "Counsel." A strong esprit de corps and gentlemanly feeling prevails amongst them. "The people of this country daily intrust their dearest interests, their lives, their liberties, their characters, their memories, to our keeping and protection, and it is of the last importance to them that they should be satisfied that the degree of barrister-at-law involves a certificate of honour * As to the privileges and nature of the degree of serjeant-at-law, vide the learned treatise, Serviens ad legem, the contents of which were compiled by Mr. E. Griffith, late Master of the Common Gneist, i. 503. |