Vol. VII.

HORAT.

On the commencement at once of a new

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volume of our work and of the legal year. we do not know that we can perform a better service to our readers than by reviewing the important changes made in the law in the last session of Parliament, stating when they came, or come into operation, and enabling all those whom they may concern to see at a glance how far the march of innovation has proceeded. A Government authority has declared that more has been done for our jurisprudence during the first session of the reformed Parliament, than during the whole of the preceding century;" and without echoing this sentiment, we may safely say, that enough has been done to render it necessary for the practitioner to look well about him before he takes a single step, more particularly when the present year shall have completed its course. To enable him to see his way, we shall now arrange the various acts passed in the last session, altering the law; and shall add references to our own work, where the acts have been given in its pages, as in most instances their provisions have been there explained. For those few acts not already

noticed, we must refer our readers to our future numbers.

First, then, in importance, come the Real Property Acts:-The Limitation of

6 L. O. 261. The act abolishing Fines and Recoveries, 3 & 4 W. 4. c. 74; 6 L. O. 433. The Dower Act, 3 & 4 W. 4. c. 105; 6 L. O. 449: and the Inheritance Act, 3 & 4 W. 4. c. 106; 6 L. O. 465. 1st of January, 1834, and they make All these acts come into operation on the many important changes in the present practice of conveyancing.

to the Common Law.-The Law AmendNext in importance are the acts relating ment Act, 3 & 4 W. 4. c. 42; given 6 L. O. 306; which came into operation on the 1st of June last. The Act for amending the Uniformity of Process Act, 3 & 4 W. 4. c. 67; 6 L O. 389; which came into operation on the 28th of August last: and the Act for enabling the Crown to change 4. c. 71; 6 L. O. 371; which also came the place for holding the Assizes, 3 & 4 W. into operation on the 28th of August last.

of Chancery; which are the Chancery ReNext come the acts relating to the Court gulation Act, 3 & 4 W. 4. c. 94; 6 L. O. 401; making most important alterations in the practice of the Court of Chancery. This act, as far as it relates to the office of the but in all other matters it takes effect from Clerk of Affidavits, is at present in force; the end of the present Michaelmas term, or

on the 26th of November. The other act re

lating to the Court of Chancery, is the 3 & 4 W. 4. c. 84; 6 L. O. 450; and it provides ficers of that Court, and came into operation for the discharge of the duties of certain ofthe 28th of August last.

Next in importance is the Privy Council

ed Parliament, p. 56.

NO. CLXXI.

337; which may be said to call into exA

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The Lunatic Commissions Act, 3 & 4 W. 4, c. 36; 6 L. O. 273; materially alters the practice in lunacy. This act came into operation on the 24th of July, 1833; and connected with it is c. 64, for amending the Act for the Treatment of Insane Persons, post, p. 7.

The Bankruptcy Court has also suffered material alterations, under the 3 & 4 W. 4. c. 47; stated post, p. 6. It came into operation on the 28th of August last.

The Criminal Law has also been altered by the 3 & 4 W. 4. c. 44; 6 L. O. 499; which substitutes transportation for death in the punishment of certain crimes, and which comes into operation on the 1st of January, 1834.

The office of Sheriffs, and the Exchequer Office, are dealt with by the 3 & 4 W. 4. c. 99; 6 L. O. 473, 484; which act came into operation on the 29th of August, 1833. By the Quakers and Moravian Act, 3 & 4 W. 4. c. 49, and the Separatists' Act, 3 & 4 W. 4. c. 82, an alteration is made in the law of Evidence, by allowing the affirmations of these sectarians to be taken in all cases instead of an oath. Both these acts are now in operation.

The Payment of Debts Act, 3 & 4 W. 4. c. 104; 6 L. O. 483; is a useful measure, also now in force.

The Dramatic Property Act, 3 & 4 W. 4. c. 15; 6 L. O. 211, protects the rights of dramatic authors. It has been in force since the 10th of June, 1833.

Thus have we enumerated those statutes which will all more or less bear on the future practice of professional men; and it appears, therefore, that scarcely a portion of our juridical system has remained untouched, whether for good or whether for evil, experience can only shew; but it is clear that it is the duty of lawyers to bear with them a knowledge of the alterations which have been made; and it is with this object that we have devoted so large a space to them, and have thought it advisable to collect the most important acts in a separate form, and accompany them by the "Commentaries" of various learned gentlemen, particularly acquainted with their provisions.

The alterations we have enumerated are the work of one session,- of some six months;-the time is approaching for a renewal of the attack. A General Registry; the establishment of Local Courts; the Abolition of Imprisonment for Debt; the various proposals of the various bodies of Law Commissioners, Common Law, Real Property, Ecclesiastical, Admiralty, Poor Law, Corporation, Record, and Criminal, English, Irish, and Scotch, are all to be discussed. We are threatened with a code, with the destruction of the Lord Chancellorship, with the abolition of the ultimate Court of Appeal; a new practice is being created in the Courts of Common Law; another is about to be introduced into the Courts of Equity; and while new forms of pleading are being forged on the anvil of one set of Commissioners, another body,

The East India Company Act, 3 & 4 W. 4. c. 85, and the Bank of England Act, 3 & 4 W. 4. c. 98, of great interest to the community at large, are also necessary to be known by the lawyer.

The act allowing Attorneys to officiate as Public Notaries, 3 & 4 W. 4. c. 70; 6 L. O. 422; the act relating to Inclosure Awards, c. 87; 6 L. O. 422; the New Police Act, 3 & 4 W. 4. c. 19; 6 L. O. 267, 313; the Sewers Act, 3 & 4 W. 4. c. 22; 6 L. O. 356, 394; the Turnpike Road Returns Act, 3 & 4 W. 4. c, 8; 6 L. O. 439; and the Parochial Rates Exemption Act, 3 & 4 W. 4. c. 30; 6 L. O.

transfer of property. Every change achieved is but a fulcrum to effect another; the fall of one portion of our legal system weakens that which remains, and lays it open to the fate of that already removed.

This is a state of things to excite anxiety. Let us, however, not despond; but in availing ourselves of the new system opening upon us, endeavour to shew our readiness to submit to all reasonable changes, to assist its operation, and thus, if possible, preserve the main superstructure of our laws.