426

ship. He proposed that instead of requiring the candidate to come up for examination in various subjects at the end of his clerkship, he should go up when he pleased, say after a year or two, and get his certificate on a particular subject, and so on till he had a sufficient number of certificates. Thus, it was urged, that in lieu of being "crammed" he would be compelled to go through a course of two or three years' reading.

How far this suggestion may be convenient for three-fifths of the articled clerks who come from the country we are not aware; but from all we can learn the proposed alteration is not generally approved, although it cannot be denied that it would be attended with considerable advantage. The plan is not adopted in the medical profession; and, after all, the question is whether the candidate is fit and capable to act as an attorney at the time he is admitted, not whether several years ago he answered some conveyancing or other questions, and subsequently passed in other departments. However, the suggestion is well entitled to full consideration; but we are not aware that the provincial law societies generally recommend this mode of proceeding.

After much discussion a resolution was passed, referring to a communication to the Incorporated Law Society in 1853, and expressing a hope that the society would shortly feel able to deal with the subject. We believe that since that communication the examiners have not been inattentive to the suggestions made to them.† Two or three years ago the examination was extended to the principles and practice of conveyancing, and latterly it has been determined, in order to promote the study of the law, to give prizes each term to three of the candidates who pass a superior examination. Mr. Field appears to approve of the subjects of the examination, but proposes an alteration in the mode of conducting it. No doubt the examiners will take the suggestion into consideration. Prizes, however, we presume, could not be given on each of these separate examinations.

4. It appears from the discussion which took place that Mr. Hope Shaw and other members are content with the present legal examination, but desire that a preliminary examination should take place for the purpose of ascertaining that the clerk, before entering into articles on the threshold of the profession, has received a classical, or, at all events, a liberal education. The conclusion come to appears to be that there should be evidence of a liberal education,

* The expense of several journeys to London, and of several examinations, would, we apprehend, constitute a serious objection. The Attorneys and Solicitors Act, 6 & 7 Vici. c. 73, s. 3, requires that the examination should ake place "after the expiration of the articles."

† It should be recollected that the council are associated with the masters of the superior courts in conducting the examination under the direction of the judges.

but some dissent was expressed as to extending it to the dead languages. On this subject we would call attention to the statement made by the Chairman of the view taken by Mr. Gladstone, when Chancellor of the Exchequer, in favour of a better education of young men who were to be articled.

Mr. Anderton and Mr. Lace strongly objected to the proposed classical examination as likely to exclude deserving men of ability; but Mr. Field said that the advocates of a preliminary examination proposed to confine such examination to young men articled before twenty or twenty-one, and not to use it as a bar to the admission of deserving clerks who might be able, as many highly honourable members had done, to raise themselves by their own perseverance and merit.*

In order, however, to carry into effect the proposition that no one shall be allowed to enter into a contract to serve a clerkship without the preliminary examination to the extent suggested, we presume the sanction of the legislature must be obtained, unless the judges should deem themselves authorised under the general power of examining, by "such ways and means as they think proper," to order an examination other than on legal subjects. We suggest this point for consideration, not in opposition to the proposed improvement, but in order that, as Mr. Hope Shaw observed, the difficulties in carrying the suggestions as to a preliminary examination may be considered; and certainly the projected change is sufficiently important to account for some delay in its adoption.

5. The exclusion of attorneys from the inns of court, which was the next important subject of consideration, has been again and again adverted to in these pages; and we rather marvel that (according to the reports of the meeting which we have received) nothing was said in reference to the recent Report of the Commissioners on the Inns of Court and Chancery, whereby it is proposed to establish "a law university," for members of the bar only, to the exclusion of the attorneys and solicitors and their articled clerks from the libraries and lectures of the inns of court.

The report and all the material parts of the evidence taken before the commissioners have been laid before our readers, and we would also refer to the notice taken of this grievance in the last report of the council of the Incorporated Law Society.†

Referring to the subjoined report of the speeches on this particular subject, and other topics in relation to the bar, we may close these remarks by enumerating the other papers and resolutions submitted to the meeting, namely,—

The distinction between clerks who are articled before and after the age of twenty-one-the one undergoing a classical or liberal examination and the other exemptedwill be attended with considerable difficulty.

† See p. 320, ante.

6. The objectionable fixed scale of costs or tariff of legal charges, by Mr. Field.

7. The suggested registration of the names of private partners, by Mr. Ryland.

66

8. The Citing and Pleading of Statutes," in which it was suggested by Mr. Devey that in order to avoid the anomaly of describing a statute as of two years of the reign, in which it was introduced and passed, it should be described as of the year in which it received the Royal Assent.

9. The subject of reformatory schools was introduced in an able paper by Mr. Morgan, of Birmingham, and Mr. Anderton made an able statement of the good effect of such institutions in the City of London.

10. The system of procedure was the topic of another paper, but which was adjourned for amendment by the author.

11. Mr. T. B. Sharpe, of Norwich, suggested further improvements in the practice of the county courts, which seem destined to incessant controversy.

12. The last, "tho' not the least in our affections," was the proposition of Mr. Anderton to establish a Benevolent Fund for the relief of the attorneys and solicitors of England and Wales, their widows and families; and a resolution was passed appointing a special committee to draw up regulations and report to the next meeting. Our readers need not be reminded that the late Mr. Bryan Holme projected an institution for the aged and infirm attorneys of the metropolis, and that there is already an association in London for the relief of the widows and families of professional men. Mr. Anderton's proposal, however, comprehends the whole of England and Wales. The promoters and supporters of the other institutions, we believe, deemed it expedient to confine their exertions to the metropolis; but we have no doubt that the new committee just appointed will communicate with the several committees of the other benevolent societies, and arrange either a coalition of the whole, or such mutual co-operation as may be advisable in carrying both objects into effect.

At the dinner given by the Liverpool Law Society Mr. Lace presided, and Mr. Lowndes and Mr. Norris were vice-presidents-a sufficient proof, from the great respect in which these gentlemen are held, of the zealous support afforded to the important objects of these annual meetings of the profession. It is gratifying, also, to notice the esteem in which the solicitors of Liverpool are held by the chief corporate authorities of that great municipality. It was, of course, through their influence that the deputations from the several law societies were invited by the mayor and aldermen to partake of a splendid entertainment, at which they were heartily welcomed to Liverpool.

427

REPORT OF THE ANNUAL MEETING OF THE METROPOLITAN AND PROVINCIAL LAW ASSOCIATION.

ON Tuesday, the 14th inst., an aggregate meeting of the members of this society was held in the Library, St. George's Hall, Liverpool. Mr. W. S. Cookson, of Lincoln's-inn, tho deputy chairman of the association, presided, owing to the absence of Mr. Sangster, of Leeds, the Chairman of the association. There were also present a large number of the leading members of the profession both from the metropolis and throughout the provinces.*

The Chairman, in his opening address, said it was now several years since the Metropolitan and Provincial Law Association was established for the purpose of "promoting the interests of suitors, and the better and more economical administration of the law, of obtaining the removal of the many and serious grievances affecting solicitors, and, through them, the suitors; and of maintaining the rights and increasing the usefulness of the profession." In the first report of the committee of management, in April, 1848, the importance of united action was strongly urged, and the committee recommended that every solicitor in the kingdom should become a member of one of the local law societies, and that there should be a continued circulation amongst their own body of information on the state and prospects of the profession, and the manner in which the public interests are thereby affected. They added that between the metropolitan society and the various provincial law societies it was important that continued communication should be kept up. It could not, he thought, be doubted that the committee of management judged wisely in deeming it essential to the accomplishment of the ends aimed at that the association should not only fix its roots firmly in London, but that its branches should spread over the country-that the association should be, in essence as in name, metropolitan and provincial.

It was from the counties forming the northern circuit that the most numerous and most immediate responses were received, and it was there that the first sub-committee was formed. But the support received was much less extensive than had been

anticipated, and with a view to make its objects and nature more extensively known it was suggested that meetings of the association should be held at intervals in the provinces, and the beneficial results

*The following are some of the names:-London, Messrs. W. S. Cookson, E. W. Field, J. S. Torr, W. Shaen (the secretary), J. Anderton, A. C. Hemsley, and C. J. Manning (assistant secretary); from Leeds, J. Hope Shaw, Eddison, Snowdon, J. Bulmer; from Liverpool, Ambrose Lace, E. Banner, W. Radcliffe, Palgrave, Simpson, Henry Bell, George Webster, J. O. Watson, R, Williams, Duke, Stevenson, R. A. Payne, Thomas Avison, Russell, Statham, Falcon, Lloyd, Wareing, Norris, M. D. Lowndes, Jenkins, Martin, Dodge, Hall, Eden, Wright, Lawrence, Peel, Thornely, Shuttleworth, Carson, &c.; from Manchester, Heelis, Baker, Marriott, Street, Thorley, &c.; from Birmingham, W. Morgan, Allen, A. Ryland, &c.; W. Beamont (Warrington), Thomas Hodgson (York), John Marsden (Wakefield), J. Lewis (Wrexham), Hayes (Wolverhampton), H. E. Sylvester (Beverley), John Case (Maidstone); from Hull, Jackson, Phillips, and Hill; Capan (Holbeach); from Worcester,

J. Piddock, Tree, and J. Stallard; from Lancaster, Sharp, Hall, Holden, Swainson, Moore, and Jackson; Parkinson, (Horncastle); St. Helen's, Gaskell, Taylor, and Ansdell; Hunt (Nottingham); Hall (Clitheroe), E. Ward (Prescot); Bristol, Cox and Wasbrough; Wakefield, Baylden, Horbury, and Riekslay; Fisher, Newport, Salop, &c. &c. Deputations attended from the following law societies:-Hull, Leeds, Manchester, Birmingham, Bristol, Lincolnshire, Yorkshire, Nottingham, Kent, Lancaster, Wakefield, and Worcestershire.

428

of the meetings at Derby, in 1852, and at Leeds, in 1854, led to a resolution that in future the meetings should be annual, and that members should be invited at those meetings to read papers on subjects interesting to the profession, and that a discussion should follow upon each. Last year the meeting was held at Birmingham, when several papers were read and discussed. The attendance was numerous and influential, and the meeting was an agreeable and a useful one. Such meetings were of immense value in making the members of the profession throughout the country acquainted with each other.

A statement had been prepared giving a summary of the last session so far as it effected the practice of the law. In his opinion there was no subject more interesting to the profession, and more thoroughly demanding a thorough and systematic reformation, than the framing of acts of Parliament. After dwelling on the careless and hurried manner in which bills for the amendment of the law are generally carried through Parliament, and the expenditure consequently entailed upon the public in the vain endeavour to learn what the Legislature had intended, but had not properly expressed, the Chairman went on to say that it was not easy to point out in what manner the evils of crude and slovenly legislation might be corrected, and at the same time the constitutional privileges of the two Houses of Parliament be preserved unimpaired. Possibly the revision of bills after they had passed both Houses by a Government board might be the least objectionable mode; but care should be taken that the duties of the board were accurately defined, its powers being limited to the correction of the evils complained of, by suggestions only, for the consideration of the Houses of Parliament. As the duty of construing and enforcing the laws devolved upon the Crown, through its representatives, there did not appear to him to be any constitutional reason why, when a bill was presented for the royal assent, the Crown should not be permitted, before giving that assent, to offer suggestions on the points indicated.

But whatever remedy might be provided, one thing remained clear, and that was, that societies like that might afford valuable assistance in the amendment of the law. If the members of that association would but give attention to bills passing through Parliament, and individually, or through the local societies, give to the central committee of management the benefit of their deliberations, that body would be enabled to represent the opinions of the profession, and its statements would receive an attention and consideration which separate individuals could not expect to command.

Before concluding he desired to refer to that older institution of which he was glad to know that many of those present were members, the Incorporated Law Society, in order to remove any impression which might erroneously exist, that the two bodies were in any respect antagonistic to each other. The Incorporated Law Society and the Metropolitan and Provincial Law Association, through the council of the one and the managing committee of the other, continued, he was glad to say, to keep up a cordial and unreserved communication with each other, and he believed that at that moment no fewer than seven members of the council of the former were members of the managing committee of the latter.

It gave

him great pleasure to announce that the council had resolved to give prizes at the termal examinations of applicants for admission on the rolls to such gentlemen as should pre-eminently distinguish themselves,

and the first prizes would be given in Michaelmas term next. At the next anniversary of the association he trusted the committee might have to announce that progress had been made in arrangements for ascertaining that gentlemen intended for the profession had received a liberal education.

On the motion of Mr. Beamont, of Warrington, the Chairman of the Manchester Law Association, seconded by Mr. Baker, the Chairman of the Committee, and Mr. Anderton, one of the undersheriffs of London, it was resolved that next year the association should assemble at Manchester.

Mr Ryland briefly referred to the chairman's remarks respecting the importance of having a board for the revision of bills as they are passed through Parliament. The chairman had suggested that such a board or officer might be appointed by the crown ; but it appeared to him (Mr. Ryland) it would cause a feeling of jealousy on the part of Parliament if an officer of the crown should be appointed. He rose for the purpose of following a suggestion then in the hands of the members of the association, from the commissioners of statute law. The commissioners had given a very considerable part of their report to this very subject, and in noticing the evils which the society itself had noticed they pointed out as the only remedy that an officer should be appointed at all times ready to give information, and prepared to do so; and then they go on to suggest that such officer of the board should be considered as the servant of the house, and should not have the power to report upon the policy or the expediency of any matter which might be referred to him.

The Chairman was very much obliged to Mr. Ryland for his suggestion, but the precise manner in which the beard was to be appointed was but a matter of secondary consideration. He thought it was absolutely necessary that something of the sort should be done.

The following resolution was then moved by Mr. Field, and seconded by Mr. Hope Shaw:— Considering that there have been before the Incorporated Law Society, since the year 1853, important suggestions on the subject of legal education, not only from this association, but also from most of the principal local societies of the kingdom, this meeting feels bound to express its hope that the authorities of that society will shortly feel able to deal with the subject.".

Mr. Field thought the Incorporated Law Society had not been sufficiently active upon the subject of the education and examination of their clerks before they were admitted on the rolls, the present system being one of cramming. He did not think they would be doing their duty if after the lapse of two or three years they did not in some way let the Incorporated Law Society know that they were not satisfied-that they were dissatisfied with the length of time which they had taken in dealing with the matter. As far as he was aware they had done nothing actually towards the improvement of the system. The suggestion which he wished to make was a very simple one, and the plan was one which was being fully acted upon by the universities. It was, instead of requiring every young man who came up for examination to come on one day and pass his examination in all the various subjects which very properly they were required to be examined upon-instead of doing that, let the young man go when he pleased during his articles-say a period of a year or two before the termination— and get his certificate of examination on a particular

subject, and so on until he got a sufficient number of certificates. The effect of this would be that instead of having a young man crammed he would be compelled to go through a course of two or three years' reading, and it would affect very much his character and habits.

Mr. Hope Shaw was not quite prepared to agree in what had been said against the Incorporated Law Society, because he did not know what difficulties they might have had to contend with. He must express his entire concurrence not only in the importance but the absolute necessity for some very great improvement in the system being adopted for the purpose of securing a proper education to those who intended to enter their ranks. He did hope that what had been said—as he was quite sure it would be represented to the council of the Incorporated Law Society -would receive from them that attention which suggestions from a meeting like that upon a subject so vitally affecting their profession were pre-eminently entitled to. He wished only to add one observation to those which Mr. Field had made. It appeared to him (Mr. Shaw) that Mr. Field's remarks were confined entirely to what might be called strictly professional education-education in the law alone. Now, that by no means included the whole of what he thought necessary; and from what he had collected on former occasions, and from the way in which the hint was now received, it by no means included the whole of what was thought necessary by the profession generally. He thought their views should extend to all the ordinary branches of a liberal education, so that those who joined their ranks hereafter should have at least the security which a liberal education afforded-and it was no slight one-that they had those feelings of gentlemen which literary pursuits induced.

Mr. Anderton strongly opposed the resolution.

A somewhat long and animated discussion ensued, during which Mr. Shaw explained that he did not mean to say that a classical education was the one thing needful; a liberal education, properly understood, was all he wanted; and as Mr. Anderton had said that he by no means objected to a liberal education being required, he (Mr. Shaw) was in great hopes that the meeting would be unanimous. might perhaps include in his term of liberal education a somewhat wider range than that of Mr. Anderton, but that was a subject which might very properly and very fairly be left to the consideration of the committee.

He

Mr. Field observed that, as far as he understood the views of those who advocated a preliminary examination, their object was to confine it entirely to such young men as were articled before they had reached twenty or twenty-one years of age, and not to use it as a bar to the admission of deserving clerks who might be able, as many highly honourable members of the profession had done, to raise themselves by their own perseverance and merit. One advantage of a preliminary examination would be, that, whereas it was very difficult indeed to induce examiners finally to reject a candidate who had paid, perhaps, a large premium-at all events had paid the stamp duty upon his articles, and had served through a five years' apprenticeship-whatever his stupidity or his shortcoming might be, there would be no such delicacy, in saying to a lad who had lost no time, and had incurred no expense, "Sir, you are not likely to succeed in the profession of the law, and you had better, at once, turn your attention to something else."

429

Mr. Lace, of Liverpool, objected to a classical test, as likely to exclude many young men of ability from the profession.

Mr. Silvester, of Beverly, drew a distinction between a "classical" and a "liberal" education, and observed that, as he understood Mr. Hope Shaw, it was a "liberal" education only that he was desirous of insisting on.

Mr. Shaen, the secretary, read extracts from various reports upon this subject, and the opinions which had been elicited from several provincial law societies upon it. The communication from the Liverpool Society suggested a course of examination which included not only Latin but Greek. Whereupon Mr. Anderton, to the infinite amusement of the meeting, said he should like to see any gentleman present subjected to such an examination. He, however avowed himself the advocate of a "liberal" education, and

Mr. Hope Shaw, observed that as a "liberal" education was all that he himself required, he was in great hopes that the meeting would be unanimous. He might perhaps include in his term of liberal education a somewhat wider range than that of Mr. Anderton, but that was a subject which might very properly and very faily be left to the consideration of the committee.

The Chairman reminded the meeting that the legislature had, in fact, recognised the value of an educational test, by shortening by two years the term of apprenticeship, in cases where the clerk, before being articled, graduated at some university; and as he had generally found, in his experience, that the young men who had had this advantage were better informed, even upon professional subjects, at the end of three years, than others at the end of five, he had generally recommended any friends of his intending to bring up their sons to the profession to avail themselves of this option, and to allow them to graduate before they entered upon the study of the law. In an interview with Mr. Gladstone, when Chancellor of the Exchequer, upon the subject of the certificate duty, when a suggestion had been made that the profession might be relieved by reducing the duty upon articles of clerkship, a deputation, of which he had the honour to be a member, had represented that, although they by no means wished to retain the stamp duty at its present amount, they did hope that any arrangement for its reduction would be accompanied by provisions which would secure that the money thus saved should be spent upon better education of the young men who were to be articled. Mr. Gladstone had been pleased to express his entire approbation of the object of the deputation-which was to keep the profession among educated men-and had told them that the government would be willing to aid in the endeavour to accomplish it. He could assure them that there was a great desire, on the part of the Incorporated Law Society, to meet the wishes of the profession in this matter; and he believed that there was also a very general desire that the education of young men entering the profession should be better than it now was. The resolution was then adopted.

Mr. Field then read a paper entitled "Should the bar be autocratic, and should there be an enforced tariff of prices for legal work?" The paper, which was a very able one, excited considerable discussion, in which it was unanimously agreed that attorneys were subjected to great injustice with regard to being admitted to the bar, and that attorneys of long practice were better qualified for offices which were now

430

only conferred upon barristers of seven years' standing.

On the motion of Mr. Lewis, of Wrexham, it was resolved "That without further discussing the question as to whether an arbitrary demarcation should be imposed upon the two branches of the profession, the meeting felt called upon to express an opinion that the rules which restrict attorneys from keeping terms and exclude them from the higher honours of the profession were unjust, and fraught with disadvantage to the public at large.'

Mr. Banner moved a resolution-"That all scales of taxation, if any are to exist, ought to be directed to encourage the attorney to perform his duties efficiently, and that so far as any rules tend to the undue employment of the bar, or permit the neglect by the barrister of the duties which, by receipt of his brief, he has undertaken to perform, they are opposed to every object which can justify their existence."

Mr. Field seconded the motion.

The resolution was then put and carried unanimously.

Mr. Ryland, of Birmingham, then read a paper on "The expediency of a registration of the names of partners constituting trading partnerships." Mr. Ryland said every one present must have experienced and that not infrequently, much difficulty and inconvenience from these two conflicting facts, namely, that in suing private partnerships (and by that term he meant all trading partnerships not incorporated) in the superior courts it was necessary to state the name of every partner; and in the second place, that the great majority of private partnerships were carried on under firms which did not indicate the names of the persons constituting those firms.

Mr. W. Shaen, the secretary of the association, read a paper by Mr. C. A. Smith, of Greenwich, entitled "Public Prosecutors and a Minister of Justice."

The writer gave a very complete analysis of the recommendations of Mr. Phillimore's select committee of last session, and of the arguments pro and con. His own opinion appeared to be that no sufficient case for the appointment of a public prosecutor, at a salary of £700 a-year, in every county court district, and of an "advising council," at a salary of £500 a-year, on every circuit, had been made out.

Mr. Gaskill Taylor, of Warrington, was against any such appointments. He denounced the present tendency to centralisation, and the encroachments on trial by jury.

The discussion which followed turned principally upon the very inadequate allowances made under the present system for the conduct of prosecutions. This, it was contended, by deterring respectable attorneys, from having anything to do with them, was a principal cause of evils which the advocates of the system of public prosecutors professed to be anxious to remedy.

Eventually, the following resolution was passed, on the motion of Mr. Eddeson, of Leeds." That no system of public prosecution can work efficiently that does not throw upon the districts the responsibility of prosecuting, and which does not provide for the full indemnification of prosecutors for any reasonable expense they may incur."

It being now five o'clock, the meeting was adjourned until ten o'clock on Wednesday morning. About 120 members dined together in the evening at the Adelphi Hotel, the dinner being given by the Liverpool Law Society.

The members of the association re-assembled in the Library of St. George's Hall on Wednesday the 15th inst. Mr. W. S. Cookson, of Lincoln'sinn, the deputy-chairman of the association, again presided, and there was a numerous attendance.

The Chairman, in opening the proceedings, said the first business was the reading of a paper by Mr. F. N. Devey, of London, on "The Citing and Pleading of Statutes," which Mr. W. Shaen, the secretary, then read.

Mr. W. Morgan, of Birmingham, then read a paper, entitled "The Reformatory and Industrial Schools Act; and some remarks on the recent meeting of the National Reformatory Union at Bristol."

Mr. Anderton said if there was one question of greater importance than another, either to the clergy or the legislature, the magistrate or the philanthropist, it was, in his (Mr. Anderton's) opinion, the one then under notice. He had the honour to be one of the governors of two reformatory institutions in London. Το one of them the Bridewell Hospital, they had attached a reformatory school, called the House of Occupation, where a great number of boys and girls were taken in every year, and, of course, a similar number discharged. And he gave an interesting account of the opera tions of these excellent establishments.

The Secretary then read a short paper, entitled "A Few Thoughts on County Courts," by Mr. B. T. Sharpe, of Norwich. The writer suggested a number of alterations, with a view of raising the position of county courts; and concluded by recommending the appointment of a sub-committee to take the matter into consideration.

Mr. Anderton then asked the society to close in the most effective manner the proceedings for which they had met by agreeing to a resolution which he should have the honour of submitting to them. There were among the profession many who might leave widows unprovided for and children without any means of education, and it was for their aid that he wished all who were more fortunate in life to come forward. He moved a resolution to the effect that the meeting thought it desirable to form a benevolent society, having for its object the relief of distressed attorneys and solicitors practising in England and Wales, and, in case of death, of their widows and orphans.

Mr. Banner, on behalf of the Liverpool society, felt much pleasure in seconding the motion. The subject was one which had more than once occupied his attention, and he had intended to bring it forward at some future period. As far as Liverpool was concerned he begged to tender his services in promoting the object to the fullest extent in his power, and he thought they would be met not only with liberality, as far as money was concerned, but with a desire to work out the scheme in its fullest integrity.

Mr. Hope Shaw and several other gentlemen expressed their concurrence in the object, and the motion was ultimately carried unanimously, Mr. Anderton, Mr. Banner, and Mr. Shaw being appointed a special committee, having power to add to their number, to draw up the rules and report.

Thanks were then unanimously voted to the Mayor and Corporation of Liverpool; the Liverpool Law Society; the Chairman, the Secretary, and Assistant Secretary.

The members of the association were most hospitably entertained by the Liverpool Law Society, and by the Mayor of Liverpool. They were also