Correspondence.

THE NEW YORK IDEA.

To the Editor of the Law Magazine.

Sir, I HAVE read the speculations on law reform, which have lately appeared in the Law Magazine and other publications, with much interest, and, with great deference to the Times, to Lord Brougham, the Law Amendment Society, and Mr. Dudley Field, I would respectfully suggest that the law of England is capable of being sufficiently reformed and improved by the enlightenment of her own spirit and genius, and without reference to the peculiarities of any foreign system. Fully admitting the great attainments and professional merits of the American lawyers, I cannot, after all the fuss and talk we have had, see what we have gained or are likely to gain by running to New York in search of ideas for legal change. As to the union of law and equity we can discuss that question among ourselves and in our own way; and if we want any information on the subject, which we cannot find at home, our neighbours and fellow countrymen the Scotch can tell us all about it. It appears that this united jurisdiction, the flourish about which by Mr. Dudley Field before the surprised gaze of the Law Amendment Society has so unaccountably stirred us all, has actually, without our knowing it, been the practice of the Courts of Scotland for upwards of 300 years, and is at this moment in full vigour there! On the subject of law and equity therefore we need no advice from the recent inspiration of the New York Bar. And with regard to pleading aud legal procedure allow me space for an extract from a short treatise by the late Mr. Justice Story, on which it might be well for some of our new-light jurists to reflect; and when they have done so, perhaps they may be of opinion that American experience of English pleading is hardly a fair criterion of its juridical character. In his "Discourse on the Past History, Present State, and Future Prospects of the Law," this very learned and able American judge thus candidly expresses himself (pp. 42, 44):

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"In looking to the future prospects of the jurisprudence of our country, it appears to me that the principal improvements must arise from a more thorough "and deep laid juridical education, a more exact preparatory discipline, and a more methodical and extensive range of studies.

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"In the first place it cannot be disguised that we are far behind the English "Bar in our knowledge of the practice, and of the elementary forms and doc"trines of special pleading. I do not speak here of the technical refinements of "the old law in special pleading, which the good sense of modern times has "suppressed; but of those general principles which constitute the foundation of "actions, and of those forms by which alone rights and remedies are successfully "pursued. There is a looseness and inartificial structure in our declarations, "and other pleadings, which betray an imperfect knowledge both of principles "and forms; an aberration from settled and technical phraseology, and a neglect “ of appropriate averments, which not only deprive our pleadings of just preten“sions to elegance and symmetry, but subject them to the coarser imputation of

"slovenliness. The forms of pleading are not, as some may rashly suppose, "mere trivial forms; they not unfrequently involve the essence of the defence; “and the discipline which is acquired by a minute attention to their structure is "so far from being lost labour, that it probably, more than all other employ“ments, leads the student to that close and systematical logic, by which success in "the profession is almost always secured. Of the great lawyers and judges of "the English forum, one can scarcely be named who was not distinguished by "uncommon depth of learning in this branch of the law, and many have risen "to celebrity solely by their attainments in it. We should blush to be accused “of perpetual mistakes in grammatical construction, or of a gross and unclas"sical style of composition. Yet these are venial errors compared with those "with which the law is sometimes reproached. Diffuse and tedious as are the "modern English pleadings, it cannot be denied that they exhibit a thorough "mastery of the science. We miss, indeed, the close, lucid and concentrated "rigour of the pleadings in the days of Rastall, and Coke, and Plowden, and "even of Saunders and Raymond. But our taste is not offended by loose and "careless phraseology, or our understanding by omissions, which betray the 666 genuine crassa negligentia"' of the law, or by surplusage so vicious and "irrelevant, that we are at a loss to know at what point the pleadings aim, or “whether they aim at any. We ought not to rest satisfied with mediocrity when “excellence is within our reach. The time is arrived when gentlemen should be "scrupulously precise in their drafts of pleadings, and when the records of our “courts should not be deformed by proceedings which could not stand the most "rigorous scrutiny of the common law in form as well as in substance. Exemplifications of our judgments may pass, nay, do already pass, to England, "and it ought to be our pride to know that they will not be disgraced under the "inspection of the sober benchers of any Inn of Court. We should study “ancient forms and cases, as we study the old English writers in general "literature; because we may extract from them not only solid sense, but the “best examples of pure and undefiled language. There is a better reason still, “and that is, that special pleading contains the quintessence of the law, and no "man ever mastered it who was not, by that very means, made a profound 'lawyer."

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This hardly needs comment. But I may be allowed to say, that, on the testimony of Judge Story, it almost looks as if this much-bepraised New York movement had been the desperate resource of men who had been unable to acquire and apply a knowledge of the system which the Code professes to supersede. Be that as it may, we ought not, from a mean fear of the County Courts, proceed too quickly in our course of legal revolution; and beyond all doubt a vulgarity, ignorance, and contemptible popular liberalism, have been introduced into the public discussion of legal topics, that is not more degrading to jurisprudence than it is disgraceful to those professional men who forget their high calling by lending themselves to it. They would make a science a trade. Wishing all success to the cause of sound law reform,

I have the honour to be, Sir,

25th September, 1851.

Your most obedient Servant,
AMICUS CURIÆ.

J. H. E.'s communication has been received, too late however to meet with attention in the present Number.

List of New Publications.

Archbold.-The New Rules and Forms of the County Courts, regulating the Practice and Proceedings; with Notes and Forms. By J. F. Archbold, Esq., Barrister. 12mo. 4s. boards.

Ayrton. A Letter addressed to those interested in the Question of Reforming some Branches of the Law. By W. S. Ayrton, Esq., Commissioner in Bankruptcy. 8vo. 6d. sewed.

Collier.-A Letter, on the Reform of the Superior Courts of Common Law, to the Right Hon. Lord John Russell. By R. P. Collier, Esq., Barrister. 8vo. 1s. sewed. Coode.-Report of George Coode, Esq. to the Poor Law Board, on the Law of Settlement and the Removal of the Poor, 1851. 8vo. 48. cloth.

Cox.-The Law of Evidence Amendment Act, 1851, with Introduction, Notes and Index. By E. W. Cox, Esq., Barrister. In royal 8vo. 2s. 6d. sewed. In 8vo. 1s. 6d. sewed.

Fry.-The Poor Law Acts of 1851, viz. 14 Vict. c. 11, 14 & 15 Vict. cc. 28, 34, 39, 47, 105, with Introduction, Notes, and a full Index. By D. P. Fry, Esq., Barrister. 12mo. 2s. 6d. boards.

Glen.-The Acts relating to the Relief of the Poor, passed in the Session 1851; together with the Common Lodging Houses Act, with Notes and Appendix. By W. C. Glen, Esq. 12mo. 2s. 6d. boards.

Greaves.-Lord Campbell's Act for the Improving the Administration of Criminal Justice; with Notes, Observations, &c. By C. S. Greaves, Esq., Q.C. Royal 8vo. 7s. boards.

Harle.-An Argument on the Inutility of the Distinction between Barrister and Attorney, addressed to the Lord Chancellor. By W. L. Harle, Attorney at Law. 8vo. 1s. sewed.

Hazlitt.-The Registration of Deeds in England; its Past Progress and Present Position; with an Analysis of Lord Campbell's Bill for the Registration of Assurances, now before Parliament. By W. Hazlitt. 8vo. 1s. sewed.

Hemings.-The Equity Statutes of 1851 being an Analysis of, and Observations on, the Chaucery Court of Appeal Act, and the Law of Evidence Act. By W. Hemings, Esq., Barrister. 12mo. 4s. boards.

Levi.-Commercial Law, its Principles and Administration, or the Mercantile Law of Great Britain compared with the other Countries of Europe, &c. By L. Levi. Part III. Imperial 4to. 1. 10s. cloth.

Morton.-A Letter to the Right Hon. Sir James Graham, M. P., one of the Chancery Commissioners, suggesting a Solution of the Great Problem of Chancery Reform, viz. the Mode of taking Evidence on Issues of Fact, by the Establishment of an Issue Court; with some Remarks on the Appointment of Short Hand Writers to the Courts. By Edward Morton, Esq. 8vo. 1s. sewed.

Norman--The Law and Practice of Copyright, Registration, and Provisional Registration of Designs and Sculpture, with Practical Directions, Remedies, &c., in cases of Piracy; with an Appendix of Statutes, and a Table of Fees, &c. By J. P. Norman, Esq., Barrister. 12mo. 4s. 6d. cloth.

Observations on the Proposed Registration of Deeds, with reference more particularly to the Pamphlet of William Hazlitt, Esq. By a Country Solicitor. 8vo. 1s. sewed.

Pearce The New Law of Indictments: comprising Lord Campbell's Administration of Criminal Justice Improvement Acts, &c., with Introductory Observations on the Law of Criminal Pleading, and Practical Notes and Forms adapted to these Statutes. (Intended as a Supplement to Archbold's Criminal Pleading and Evidence.) By R. R. Pearce, Esq., Barrister. Royal 12mo. 3s. 6d. sewed.

Pollock-The Practice of the County Courts, in Six Parts; with the Decisions of the Superior Courts, and Tables of Fees; also an Appendix, containing all the Statutes, List of the Court Towns, Districts and Parishes, and the Rules of Practice and Forms, By C. E. Pollock, Esq., Barrister. Royal 12mo. 15s. cloth.

Story-Commentaries on the Constitution of the United States; with a preliminary Review of the Constitutional History of the Colonies and States! before the adoption of the Constitution. By Joseph Story. 2 vols. royal 8vo. 21. 10s. bound. (Boston, U.S.)

Symons-The Law relating to Merchant Seamen, arranged chiefly for the use of Masters and Officers in the British Service. By E. W. Symons. Fifth Edition. 12mo. 5s. cloth.

Tapping—A Treatise on the High Peak Mineral Customs and Mineral Courts Act, 1851, analytically and practically arranged; with Notes, References, and a copious Index. By T. Tapping, Esq., Barrister. 12mo. 5s. boards.

Turner-The Law of Patents and Registration of Invention and Design in Manufacture, with Statutes, Rules and Forms. By T. Turner, Esq. Barrister. 8vo. 78. 6d. boards.

Wharton―The Principles of Conveyancing, including Dissertations, with Copyhold Forms and Precedents, and a copious Index. By J. J. S. Wharton, Esq. Barrister. 8vo. 21s. cloth.

Wilmot A Digest of the Law of Burglary. By Sir J. E. Eardley Wilmot, Bart., Barrister at Law. Royal 12mo. 10s. boards.

INDEX TO VOL. XLVI.

(VOL. XV. OF THE NEW SERIES.)

Approximation, Equitable Doctrine of, Article on, 21.

Bar, Eminent Members of the, Article on, 193.
Bill, Charitable Trusts, Article on, 96.

for the better Administration of Justice in the Court of Chancery, and in
the Judicial Committee of the Privy Council, Article on, 110.

Chancery, Court of, Bill for the better Administration of Justice in, Article on,

110.

Charitable Trusts Bill, Article on, 96.

Cockburn, Sir Alexander James Edmund, Attorney-General, 193.

Commission, The Royal University, Article on, 79.

Common Law Reform, Article on, 121.

Correspondence, 309.

Cottenham, Lord Chancellor, Memoir of, 280.

County Courts, New Rules of the, Article on, 141.

Crimes of 1848, 1849 and 1850, Article on, 243.

Events of the Quarter, 169, 305.

Foreign Sovereigns, Liability of, in this Country, Article on, 182.

Judicial Changes and Judicial Conduct, Article on, 273.

Landlord and Tenant under the present Crisis, Article on, 253.