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will soon be felt. Already many attornies, as agents for others, almost confine themselves to the county courts as practising advocates there. This is at present the imperfect substitute for a Bar that circumstances have partially called forth; and the act of Parliament, which permitted barristers and attornies to practise indiscriminately in these courts, has declared this prac tice illegal; and the Mayor's Court Act (1857) has not followed the county court precedent in this respect. Such was also, until recently, the condition of the courts in Sydney, New South Wales; until in 1851 the necessity for a permanent and fixed distinction between the two branches of the Profession was so strongly felt that the change was no longer delayed. Which, then, Sir, is the better policy-to apply the proper remedy at once, and voluntarily, or, resting deaf to the lessons of experience, to wait until the excesses of abuse shall have left inaction no longer possible? I am, Sir,

Your obedient servant,

SCRUTATOR.

MR. JUSTICE COLERIDGE.

THE following address of the Attorney-General to Mr. Justice Coleridge on his retirement from the Bench on Saturday last, and the reply of that learned and excellent judge, are well worthy of being recorded in our pages:pre

bers, and been told, to their surprise, that they must get an attorney in the first instance. As to the insurmountable difficulty of forming an experienced Bar, let any incredulous attorney deliver his briefs to barristers of ample standing for his purpose, and he will find that the services of the barrister can be had on as reasonable terms, and with as much advantage, as in the superior courts. But, Sir, if many or most of these despised "unpractised", barristers are occasionally employed in the superior courts or on circuit, why should they be considered as unequal to similar work in our county courts? It is simply ridiculous to contend that the working Bar are at present so overburthened with work that its members cannot be induced to attend at the county courts. The question, as I have all along endeavoured to shew, is not in the false issue raised, as to whether a suitor ought not to be permitted to select, at his option, an attorney or a barrister to act as his advocate-for, as I have before said, the barrister who respects himself and the existing etiquette of his profession will decline to act without the instruction of an attorney-but between the exclusion of " the Bar," as a Bar, from the county courts, and their exclusive right of audience as in all other courts. Some of the advocates for the entire exclusion of the Bar have candidly admitted this-they have proposed to determine the position of counsel in the county courts by this absurd test. If A., a county court attorney, believes that B., a barrister, is a person of "superior ability" to himself, he will of course employ B. in ference to himself; if not, B. will not, and should not, be instructed. Apply, Sir, such a test to Westminster Hall for one month only, and even popular and leading Queen's counsel and serjeants would find some difficulty in retaining their accustomed seats. The young attorney, or the vain attorney, eager for distinction, would be very loath to put his papers in any counsel's hands if he fancied he could possibly manage the case himself; and very diffident would he be in coming to any conclusion that would unreservedly imply an admission of his practical inferiority. Whatever intermediate steps may be taken, the recognition of the Bar in these courts, as a distinct body from the attornies, will one day take place; in fact, it exists now, one class of attornies, under the plea of agency, frequently doing the work in court for others. In no country, if we except Germany, is the distinction ignored. In Germany, where the profession of the law rarely leads to any distinguished position in the State-where the judicial department is kept entirely distinct from that of the advocates, who fulfil most of the offices of an attorney-where practitioners are confined to a narrow routine of duties, and where the business is parcelled out among a limited number of lawyers appointed by the Governmentthere the status of the advocate is that of a métier or trade, not that of a liberal profession. In America a man is generally first an attorney, and then an advocate. There we find the Profession, by a natural and apparently an unavoidable process, dividing itself into two branches, so that "practically, in all important cases, there is the same division of labour between the counsel and the attorney as exists in this country." Here it is the result of rule-there of circumstances. "If you go," says General Thomas, an American practitioner, when examined before the commissioners in England, "into States which are new, where the population is spare, there are few law-suits; the counsel will sit and talk half the day with a client, for he has nothing else to do. Of course in that case he needs no attorney"-not the attorney needs no counsel. The attorney in America is, be it remarked, nominated and employed by counsel. The condition of these "new States" is very analogous to that of our own county courts; but they have now risen from their infancy of 201. to a 501. jurisdiction. The necessity for reform

that

The Attorney-General said-Mr. Justice Coleridge, the moment has now arrived that I am called upon to discharge the duty of attempting to express to your Lordship, in the name of the Bar of England, the sentiments of regret with which they have learned that you are about to quit that station which you have so long occupied and adorned. Three-and-twenty years have now elapsed since your Lordship was raised, by the well-deserved favour of the Crown, to a seat upon bench. Throughout that eventful period your public life has been distinguished by that dignified and sustained exercise of high judicial qualities which has rendered so many of your predecessors illustrious, and won for the administration of the law in this court the respect and confidence of the people. But, my Lord, it is more especially to the members of the Bar that your long and eminent judicial career has exhibited a bright example of the display of all those attributes which best become a judge in the discharge of his judicial duties. To a clear and powerful intellect to legal and constitutional learning, at once accurate and profound-to patient assiduity and attention-your Lordship has also added the estimable and scarcely less important qualities of uniform courtesy, evenness of temper, and kindness of heart. My Lord, we rejoice, in bidding you farewell-we rejoice that your country will not altogether be deprived of your invaluable services, and that your well-tried ability and experience may yet be called into action in the councils of the Queen. But, my Lord, whether you shall continue to dedicate your efforts to the public good, or shall seek the enjoyment of that repose to which the labours of a long and useful life so well entitle you, be assured, my Lord, that in your retirement from that bench you will carry with you the respect, the regard, and the esteem of every member of the Bar, and their sincere and earnest wishes for your health, prosperity, and happiness.

heart

Mr. Justice Coleridge replied Mr. AttorneyGeneral and Gentlemen of the Bar, accept my felt thanks for this most gratifying testimony of your regard. I wish I could feel that what has been said is as strictly just as it is abundantly kind. But although this cannot be, I will not deny myself the pleasure of believing that to some extent I have earned the good opinion and affection of the Bar. I should be ungrate

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we cannot afford that our professional standard of honour should be questioned, or that it should be said that we would do as advocates in court what as gentlemen we should scorn to do. Sometimes we lend support to this notion by the ease with which we attribute ungentlemanly conduct to one another. That client is dear, indeed, that would induce an advocate, in carrying out his views, to go beyond his great and glorious profession. Forgive me, my friends, these free words. I speak in the love of a profession to which I have given the best part of my years, and which I shall continue to love as long as my heart shall beat. I have detained you too long, but I must not close without tendering my thanks to the Masters of the Court. The world knows little of their unostentatious services, but you know them and the judges know them by daily experience, and I gladly seize this opportunity of thanking them for their conscientious discharge of their duties to the suitors. Nor can I leave without pronouncing my regard for those with whom I have so long occupied this bench. I have, indeed, been a happy man in my colleagues. Every member of the Court but myself has been changed. With those who have departed, as well as with those who have succeeded, I have lived in peace and harmony, loving and honouring them, and, I trust, loved and honoured by them-certainly guided and encouraged—with so much of general agreement as served to give authority to our judgments, but with so much occasional difference as shewed our individual responsibility and independence. Thus employed in court, out of court we have lived in that easy and happy intercourse which sweetens the toils of office, and makes men more fit to be fellow-labourers. I may have said too much. My successor is known, and the undoubtedly wise choice leaves no cause for regret. I trust he may fill the judicial office as long and happily, and more efficiently than I have; but I hope that in your happy meetings you will bear in mind that I do desire long to be remembered here. And now, Mr. Attorney-General, gentlemen of the Bar, and Masters, my dear Lord and brethren, earnestly, gratefully, and affectionately I bid you all farewell, and may God bless you.

ful, indeed, if I doubted the sincerity of such a succession of kind testimonies as have attended me in every step of my career. This, gentlemen, the close of the whole, will be remembered by me as long as I live; and it is a great comfort to me at this trying moment; for, gentlemen, you can well believe that I am under the excitement of conflicting feelings. I have taken the resolution of retiring before I was compelled to do so by sickness, infirmity, or incapacity, and that step has not been hastily taken. Her Majesty has been pleased to summon me to her Privy Council, which will give me still some occasional judicial employment; and I do not think it right to shrink from any opportunity of being useful, according to my strength and ability; but still I look forward to simple rest-a desire not unnatural at my time of life, and after so many years of labour; and I contemplate a return to those pursuits which were the delight of my youth, but which I find to be incompatible with due attention to my profession. But with all these circumstances in my mind, I may be excused for saying that it is a solemn thought to give up the habits and break off the associations of nearly forty years, which I may find have become, as it were, a part of my very nature. It is a solemn thought that I have come to the end of my professional career, and that the responsibility of that judicial career now rises up before me at a moment when no neglect of duty can be amended, and no breach of duty can be repaired. This moment, too, recalls that long list of associates with whom I have laboured within these walls, and whom, in the course of nature, I must expect before long to follow. Gentlemen, I assure you it is a sad thought that I am to part with you. I well recollect with what misgiving I took my seat on this bench. I was told that favourable hopes were entertained of me, but I knew well how imperfect was my experience. False modesty would be out of place now, but I believe there are few men to whom the judge's office does not present great difficulties. I felt them then, and I feel them now; but both at first and at last I felt that I could rely on the learning, industry, and ability of the Bar. Nothing more lightened my labours than their uniform kindness. I very early learned, that if a judge would be simple and patient, candid and considerate, and without respect of persons, he would reach every honest heart, and would be certain of such encouragement and co-operation from the Bar as would lessen his difficulties and strengthen him to overcome them. With this conviction I have gone on, hopeful and rejoicing; and without being wholly deserving, and yet not wholly unworthy of it, I have always received kindness at your hands. I know not how I could have laboured for so many years without it, and for that kindness I shall be deeply grateful as long as I live. It would argue a want of feeling to suppose that in so many years I have not given some just cause of offence. If, then, there be any one among you now present whom I have injured by word or look, by weariness or impatience, to him I now express my most sincere sorrow, and heartily desire his forgiveness. Gentlemen, I will not detain you with a single remark upon the greatness or importance of your profession. So long as England is prosperous, rich, and free, the law must always exercise a predominant influence. I am sure you feel your responsibility is commensurate with your interest; and I have no fear but that in any political difficulties or dangers that may arise you will be found, as your predecessors were, courageous, and entirely equal to any crisis. But the most insidious dangers are those which beset you in your daily business the excitement of controversy, the desire of victory, the love of intellectual display, and the excessive sense of duty to your clients. Gentlemen, and especially my younger friends, suffer me to put you on your guard. We can well afford to bear with broad pleasantries, but

Review.

A Concise and Easy System of Bookkeeping for Solicitors. By WILLIAM MACKENZIE, Solicitor.

[Law Times Office. 1858.]

THE writer of this little book insists upon the importance to attornies of a knowledge of accounts, and a method in keeping them. He shews them how to improve themselves in the latter duty, by giving them forms of day-book, cash-book, ledger, &c., which appear to be as simple as bookkeeping well can be. He also furnishes an exposition of commercial terms alphabetically arranged, from which we learn that "money" is derived from "moneo, to put one in mind," which a creditor is very apt to do; and "ledger" from "leggen, to lie," which, we fear, it often does. We are pleased to see that counsel's fees find a place in the cash-book, though they do not occur so frequently as could have been desired, but great punctuality in paying them is shewn by Messrs. Reynolds & Thrupp, the gentlemen whose books we are privileged to see on this occasion. Thus we find that Mr. Rackstraw was paid in fees more than 157. (!) on the 16th January, and Mr. Thickbroom received 17. 3s. 6d. for an opinion on the 20th of the same month. These praiseworthy solicitors were rewarded for such conduct by clearing 3657. in the first month of their business, having brought in 2501. each to start with. This result was doubtless owing to their having such clients as Sir Augustus Knightly, the Duke of Bayswater, and the Earl of Battersea, to say

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nothing of Miss E. Catt, an aged spinster, we presume.
The important case of Hillman v. Mountain seems to
have been profitable, and the reader will be much re-
freshed during this weather in turning from the entries
of Bacon & Lard-ner to Swan & Lake, Fox & Chase,
and Hare & Trap. Bishop's Caistor Charities appear to
have been all trouble, and no pay; doubtless the gen-
tlemen charitably did this work without charging for
it. We must, however, express our concern that during
the first month of their partnership Mr. Reynolds drew
It is true
out his 250%., and Mr. Thrupp did the same.
on account of pro-
that it appears in the ledger to be "
fits;" but this is only another instance of the appro-
priate derivation for the name of that book.

EXAMINATIONS AT THE INCORPORATED
LAW SOCIETY.

TRINITY TERM, 1858.

Ar the examination of candidates for admission on the roll of attornies and solicitors of the superior courts, the examiners recommended the following gentlemen, under the age of twenty-six, as being entitled to honorary distinction:

William Edward Tattershall, of Liverpool, aged twenty-four, who served his clerkship to Messrs. Whitley & Thomson, of Liverpool.

Edward Tanner, of Bath, aged twenty-two, who served his clerkship to Mr. Thomas Washbourne Gibbs, of Bath, and Messrs. Lowe, of Tanfield-court, Temple.

The Council of the Incorporated Law Society have accordingly awarded the following prizes of books: To Mr. Tattershall, one of the prizes of the Incorporated Law Society; and to Mr. Tanner, one of the prizes of the Incorporated Law Society.

The examiners have also certified that the following candidates passed examinations which entitle them to commendation :

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1858.

Third Seal.-Appeal Motions and 1 Appeals.

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10 Appeals.

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Notice. Such days as his Lordship is hearing Appeals in the House of Lords are excepted.

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John James Edgcombe Venning, of 55, Lincoln'sinn-fields, aged twenty-four, who served his clerkship Thursday.. July 1 Appeals.

to Messrs. Blake, Keith, & Blake, of Norwich, and Messrs. Vizard & Garnham, of Lincoln's-inn-fields.

Edward Watkins, of Bolton-le-Moors, aged twentyone, who served his clerkship to Messrs. Watkins, of Bolton-le-Moors, and Mr. William Skilbeck, of Southampton-buildings.

The Council have accordingly awarded them certificates of merit.

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Sixth Seal.-Appeal Motions and
Appeals.

Notice.-The days (if any) on which the Lords Justices

30 Second Seal.-Appeal Motions and shall be engaged in the Judicial Committee of the Privy

Council are excepted.

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Notice. At the Sittings after Trinity Term, the Master of the Rolls will hear Further Directions and Further Considerations in priority to original Causes, and will also hear Short Causes, Short Claims, Consent Causes, Unopposed Petitions, and Claims every Saturday at the sitting of the Court. Unopposed Petitions must be presented and copies left with the Secretary on or before the Thursday preceding the Saturday on which it is intended they should be heard.

Before Vice-Chancellor Sir RICHARD T. KINDERSLEY. At Lincoln's Inn.

June 22{ First Seal.-Motions and General

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Notice. At the Sittings after Trinity Term, the ViceChancellor will hear Further Directions and Further Con

Short Causes, Short Claims, and Ge- siderations in priority to original Causes.

3neral Paper.

Before the Vice-Chancellor Sir W. P. WOOD.

At Lincoln's Inn.

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COURT OF COMMON PLEAS.

NOTICE.-June 12.

At the Sittings in Banc to be holden after the present Trinity Term the Court will proceed with the New Trial Paper on the first three days of such sittings, unless the cases therein shall be sooner disposed of,

14 Fourth Seal.-Motions and General when the Count will proceed with the cases standing

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This Court will, on Monday, the 21st, Tuesday, the

17 Petitions, Short Causes, Claims, and 22nd, Wednesday, the 23rd, Thursday, the 24th, Fri

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day, the 25th, and Saturday, the 26th days of June instant, hold Sittings in Banc, and will proceed in disposing of the cases in the New Trial and Demurrer

Fifth Seal. Motions and General Papers; and will also hold a Sitting in Banc on Monday,

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28 Sixth Seal.-Motions.

Notice. At these Sittings the Vice-Chancellor will hear such Further Directions and Further Considerations as are in the printed list, in priority to original Causes; and after the Sixth Seal, Motions and remaining Petitions only will be

heard.

COMMISSIONERS TO ADMINISTER OATHS IN CHANCERY.The Lord Chancellor has appointed the following gentlemen to be Commissioners for administering oaths in the High Court of Chancery in England:-William Risdon Hall Jordan, of Teignmouth, Devonshire; Richard Mason, of Farnham, Surrey; and Langley Joseph Brackenbury, of Alford and Tattershall, Lincolnshire.

the 5th day of July next, and will then proceed to give judgment in the cases that will be standing over for the consideration of the Court.

BY THE COURT.

COURT OF EXCHEQUER.

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CIRCUITS OF THE JUDGES.
(Mr. Justice ERLE will remain in Town).
MIDLAND. NORTHERN. S. WALES. N. WALES.

CIRCUITS, Ld. Campbell CJ Cockburn LCB Pollock
J. Williams J. Wightman B. Martin J. Crompton J. Crowder

1858.

Tuesday.. July 6
Thursday 8

Friday

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Saturday 10 Aylesbury

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Tuesday. 13 Bedford

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Thursday 15 Huntingdon

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Tuesday.... 20

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