State and Prospects of the Second Branch of the Profession.

3

been inserted in our judicial system, there would be the defalcations in public comseems to be no end of the struggles to over-panies. It may be true that many or throw the ancient Courts of Westminster, most of them will be trustworthy, and so and drive out our great lawyers and forensic are the vast majority of executors and trusadvocates. The original pretence of esta tees. And if we wanted to point out a deblishing "poor men's Courts" is abandoned, partment of professional practice in which and dignified men having displaced the at- Solicitors are of the greatest possible service torneys from the old County and Borough to their clients :-saving them from misforCourts and Courts of Conscience, they tune or the mismanagement of their proseem ashamed of the humble duties they perty; advising them in difficulties; exhave to perform, and desire to enlarge the tricating them from embarrassment; propowers and elevate the character of their tecting them from fraud; and rescuing their tribunals to suit the estimate of their own families from improvidence, we should importance. If matters proceed much fur- refer to that large and eminently respectable ther, it will become necessary to restore class of Solicitors who are engaged in conthe former Courts of Request to adjudicate veyancing and general business relating to upon petty debts and claims. The learned the execution of trusts under marriage settleQueen's Counsel and Serjeants-at-Law who ments and wills, and with whom the secrets have accepted these minor judgeships are of families repose with unfailing security. looking forward (as one of them announces) The joint-stock scheme, if it were successful, to future promotion to the Bench of the would deprive the client and his family of Superior Courts, and consequently will de- their confidential advisers, and place the spise the petty plaints of the County Courts management of the most delicate affairs and and the adjustment of the small instalments important private arrangements in the hands by which they are to be satisfied. The of comparative strangers. Instead of this design now appears to be,-1st, to establish large branch of legal business being distria Court of Appeal from the County Courts, buted, as it is, amongst a thousand Soliciconsisting of County Court Judges instead tors, each perfectly acquainted with all the of the Judges of the Superior Courts:-interests of the families of his clients, it thus enabling them finally to rule the law would be transferred to a few fortunate inin all the local Courts; 2nd, to render the dividuals who had influence enough to proCounty Court Appeal Judges eligible for cure a good board of directors. promotion to the Bench of the Superior

Courts; and 3rd, to transfer to the County From these considerations of anticipated Courts a large part of the business of the alteration in the course of professional Court of Chancery,-superseding to a great practice, we turn to some of the grievances extent the Chief Clerks of the Equity already existing, and which were forcibly Judges, and setting at naught the improve- noticed at the recent meeting at Leeds. ments recently effected by the Legislature Amongst these may be prominently placed in simplifying the practice, expediting the proceedings, and diminishing the expense of suits in Chancery by an admirable summary procedure.

the loss of various offices of honour and emolument which were formerly held either solely by Attorneys and Solicitors, or to which they as well as Barristers were equally 3rd. Joint-Stock Trust Companies-We eligible. Of many of these they have been understand that the project for establishing deprived by recent legislation, and others these companies will be again brought for are almost invariably conferred on members ward. We shall watch the notices which, of the over-crowded Bar. As instances of we presume, will be given in the course of this kind may be mentioned, Commissionerthe present month, and apprise our readers ships in Bankruptcy, County Court Judgethereof. We must reiterate our opinion, ships, Examiners in Chancery, Government that the measure is wholly uncalled for, and Solicitorships, and various other appointwill be as injurious to the client as to the ments, for many of which "Barristers of Solicitor. Private family trusts ought not seven years' standing" are declared by Act to be placed in the hands of a board of of Parliament alone competent. Such has directors. The alleged difficulty of pro- been the power and influence of the Bar, curing good trustees is imaginary. Per- that the Legislature has deprived the Judges sons of property always have friends ready of the power of selecting Attorneys who to assist them on such occasions, and the might, above all other persons, have been instances of breach of trust are few and far the most competent to discharge the duties between, and probably less numerous than required.

State and Prospects of the Second Branch of the Profession.

In

deed, as a lawyer's paper, we are told, it would be altogether avoided, and we should not obtain a hearing. Finally, we should "leave well alone."

Another topic at the Aggregate Meeting laughed out of Court by Punch! As a was, the large share of unpopularity in flattering example the learned writer refers which the Attorneys are held by the Press. to the Morning Advertiser, which is in We cannot say that the briefless Barris- the interest of the innkeepers, but whose ter" escapes altogether the ill-natured wit praises have no effect on the public. and vituperation of the "fourth estate" of the realm, but undoubtedly the larger share falls on the Attorney. The "pens of the ready writers" of the Press are held by a large number of gentlemen, whom, under Now, it should be recollected, that of all our vicious system of legal education, the subjects that interest the public mind, none indolent Benchers of the Inns of Court call can exceed those which relate to the admi unexamined to the degree of Barrister-at-nistration of justice. Trials, civil and criLaw. The proprietors of newspapers fancy minal, stand next in the general estimation that members of the Bar of England must ne- to questions of peace and war, or the excite cessarily be possessed, not only of the wis- ments of parliamentary reform. Leading dom and acuteness which belongs to the articles against lawyers, it will not be eminent advocate, but that they are embued denied, are read with extreme avidity; and with the classical learning and scientific we cannot doubt that clear, concise, and knowledge which should precede the study of able statements of facts, with apt illustra the law. And although they do not always tions, and just and forcible reasonings, on spare their brother Barristers, it is manifest matters involving the character and integrity that, whenever occasion offers, or can be of the Profession, would also be read with created, the Attorney becomes the object of equal attention. unsparing aspersion. His motives are set down to be the worst: he is always seeking to pervert justice for the sake of his own gain; he institutes a prosecution for the sake of his costs, where there is no real ground of accusation; or abandons a just complaint, either because it is unprofitable or a bribe directly or indirectly is offered for his acceptance!

known to the public through that powerful organ, the Press,-demonstrating the interest which the public has in supporting those claims, because the interests of the Profession and those of the Public are completely identical."

Let it be remembered that the Clerical Profession is amply represented, not only in various periodical journals, expressly devoted to its interests, but that more than one of the public daily newspapers are ever ready to advocate its interests and uphold its character. And so of other Professions who possess their weekly, monthly, and quarterly representatives in the Press. The In order to remedy this state of things, it Profession might, indeed, for the most part was suggested by an influential and much- stand on its integrity, utility, and character, respected speaker at the Leeds Meeting but in this age, when so much depends on that a constant, systematic, and zealous the influence of public opinion, we agree counteraction of the aspersions in the Press with our esteemed friend at Leeds, " that should be effected through the medium of the claims of the Profession should be made the Press itself; and we concur entirely in the necessity and justice of adopting the measures then recommended. We believe, if the Attorneys would take the trouble to collect and state the facts and circumstances within their knowledge, there are many public journals which would do them We agree also, that the members of the the justice to bring their defence ably and Profession might be usefully assembled impartially before the public. It is sup- more frequently than at present, by general posed by a writer in the Law Times, in an meetings in London and the Provinces, at article ably written, but somewhat incon- which subjects interesting to the general sistent with its general views, that it would body might be brought forward by concisely be a waste of money and toil to attempt the written papers, followed by discussions advocacy of lawyers. He supposes the thereon, as well as by formal resolutions and laudation would not be read, or if read more elaborate speeches or lectures, after would be ridiculed; and that it would the manner of the British Association. defeat its object and increase the public prejudice. It is assumed that a new daily paper is contemplated, on which 50,0001. might be thrown away;-that it would be opposed by the rest of the Press and

We deem it also for the welfare of the general body, that there should be a cordial union of town and country Solicitors. We have often noticed the attempts which have been made to separate the interests of the

State and Prospects of the Second Branch of the Profession-New Statutes. London and Provincial Attorneys. It was ment will, no doubt, be again urged forone of the objects of the Metropolitan and ward.

51

Provincial Law Association to counteract We must not let this opportunity pass of this impression, and to a great extent it noticing the intention of several influential has succeeded. This important means of solicitors to found a Benevolent Institution strength should be still further cultivated. for the relief of aged and indigent Attorneys. We should like to see a few, at least, of the The prospectus will shortly be submitted to leading country Solicitors in different parts the Profession, under the auspices of the of the empire, associated with the London Incorporated Law Society; and doubtless, members in the Council of the Incorporated there is occasion more than ever for the Law Society, so that they might on import- wealthy and charitable to come forward in ant occasions have a voice in the delibera- behalf of their unfortunate brethren, many tions of the governing body, either by personal attendance or written communication. We have some reason to believe that this suggestion will be considered when a fit opportunity occurs.

of whom have been depressed or ruined by the changes effected in recent times in the various departments of legal practice.

We have but briefly opened some of these important topics, and invite our cor We would here note also the necessity respondents to communicate their sentiof communications being made to the proper ments thereon and the valuable information quarter, by Solicitors throughout the king- they possess.

dom, of instances, on the one hand, of the

honour and integrity of members of the NEW STATUTES EFFECTING ALTEProfession, and on the other, of explanations refuting the complaints which are brought forward against them.

RATIONS IN THE LAW.

EPISCOPAL AND CAPITULAR ESTATES' MA

NAGEMENT, 1854.

17 & 18 VICT. c. 116.

14 & 15 Vict. c. 104, continued; s. L. On sale or exchange of part of lands, &c. comprised in any lease, rent may be appor tioned; s. 2.

Trustees of will or settlement may raise money for enfranchisement; s. 3.

Arbitrators may be named; s. 4. How copyholder's right of renewal to be, ascertained; s. 5.

Another means of improving the Profession, and keeping pace with the continual progress of other classes of the community, is to be found in extending the Education of Lawyers to subjects of classical literature and the useful sciences, in addition to a sound legal education. Connected with this view, and the work of uniting and strengthening the second branch of the Profession, we would again advert to a subject recently submitted to our readers, namely, the union of the ancient Inns of Chancery with the Incorporated Law Society for the purpose of promoting the general improvement of the Attorneys and Solicitors, and especially of providing increased means both for the general and legal education of Articled Clerks and facilitating the discharge of the duties of the Practitioners. We understand that suggestions are under consideration with reference to this important means of clesiastical Commissioners; s. 9. improvement, having regard especially to Ecclesiastical Commissioners to state like the favourable opportunity afforded of particulars as Church Estate Commissione bringing the subject under the notice of ers; s. 10.

the Commissioners of Inquiry into the Inns of Court and Chancery.

In considering the importance of increas ing the facilities for the despatch of the business, in these days of shortening distance and saving time, we may notice the proposed erection of new Courts and Offices in the neighbourhood of the Inns of Court and Chancery, in the very centre of the metropolis, instead of the south-west corner of Westminster. This valuable improve

Provision relating to apportionment of proceeds of sales; s. 6.

Like provision in respect of purchases and exchanges; s. 7.

Provisions respecting local claim or tithes; s. 8.

References to arbitration to determine value of lands vested or to be vested in Ec

Basis of report of 1850 may be taken;

s. II.

How computations on the duration of lives are to be calculated; s. 12. Interpretation; s. 13.

The following are the Title and Sections of the Act:---

An act to continue and amend an Act to fáci litate the Management and Improvement of Episcopal and Capitular Estates in England. [11th August, 1854.]

6

New Statutes effecting Alterations in the Law.

-

Whereas the Act of the 14 & 15 Vict. c. 104, enactments, as upon a reference made by conwas limited to three years from the end of the sent upon a rule of Court or Judge's order: then Session of Parliament, and it is expedient provided always, that it shall be lawful for the to continue and amend the same Act: Be it same parties to appoint one and the same pertherefore enacted, as follows:son to act as sole arbitrator; and in such case the valuations, acts, and award of such arbitrator shall have the same effect as valuations, acts, and award of the arbitrators and umpire under the provisions herein contained and in every case the costs of such arbitration and award shall be in the discretion of the said arbitrators or umpire, as the case may be.

1. The said Act, as amended by this Act, shall continue in force for two years from the end of the present Session of Parliament.

2. The powers and provisions contained in the second section of the said Act shall extend to all cases in which, on the sale, exchange, or enfranchisement, under the authority of the said Act or of this Act, of a part only of any lands or other hereditaments comprised in any lease or copy of Court Roll, the church estates Commissioners may deem it expedient to apportion the rent reserved by or payable under the lease or grant to the ecclesiastical corporation by whom such lease or grant may have been made.

5. Notwithstanding anything to the contrary contained in or to be implied from the said recited Act, or in the “ Copyhold Act, 1852," or in an Act of the 16 & 17 Vict., intituled "An Act to explain and amend the Copyhold Acts," whenever a right of renewal of any lands held for a life or lives or for years by copy of Court Roll from or under any ecclesiastical corporation shall be disputed by such ecclesiastical corporation or by the Church Esstates' Commissioners, or whenever the person or persons claiming to be interested in any such lands shall be desirous of having the right of renewal decided by a competent tribunal, then and in either of the said cases it shall be lawful for such person or persons to cause an action to be brought in any of her Majesty's Superior Courts of Law at Westminster, in which action such person or persons shall be the plaintiff or plaintiffs, and the Church Estates' Commissioners, together with the ecclesiastical corporation from or under whom such copyhold or customary lands shall be held, shall be the defendants, and in which action the plaintiff or plaintiffs shall deliver a feigned

3. In any case in which the legal estate and interest under any lease or grant made by any such ecclesiastical corporation may be vested in any person or persons in trust for any other person or persons, according to the limitations of any will or settlement, where such will or settlement contains a direction or power to such trustees to raise money for the purpose of procuring a renewal of such lease or grant, it shall be lawful for the same trustees to raise money for the purpose of purchasing the reversion of or otherwise enfranchising the property comprised in such lease or grant, in the same manner, and subject to the same conditions, mutatis mutandis, so far as the same may be applicable to the case, as may be specified in such will or settlement with reference to the raising of money for the purpose of renew-issue whereby such disputed right may be tried, ing such lease or grant.

and shall proceed to a trial at law of such issue 4. In every case where a treaty shall have at the Sittings after the Term or at the assizes been entered into, under the provisions of this then next or next but one after such action Act or of the said recited Act, for the sale, shall have been commenced, to be holden for purchase, or exchange of any episcopal or ca- the county within which the lands, or the pitular estate in England, or of any interest in greater part thereof, are situated, with liberty, such estate, it shall be lawful, by the consent nevertheless, for the Court in which the same of both parties to such treaty, and with the shall have been commenced, or any judge of any approbation of the Church Estates' Commis- one of her Majesty's Courts of Law at Westsioners, to refer to arbitration the finding of minster, to extend the time for going to trial the annual value of such estate, and of the therein, or to direct the trial to be in another value of the fee simple thereof, or either of such county, if it shall seem fit to such Court or values, subject to the exceptions and reserva- Judge so to do, and the defendants in any such tions, if any, to be excepted and reserved there- action shall enter an appearance thereto, and out, and that such finding shall be adopted in accept such issue; but in case the parties shall computing the terms of such sale, purchase, or differ as to the form of such issue, or in case exchange, regard being had, in the final settle- the defendants shall fail to enter such appearment of such terms in every such case, to the ance or accept such issue, then the same shall just and reasonable claims of the present be settled under the direction of the Court in holders of land under lease or otherwise, which the action shall be brought, or by any arising from the long-continued practice of Judge of one of her Majesty's Courts of Law renewal, and that in every such case one ar- at Westminster, and the plaintiff or plaintiffs bitrator shall be appointed by the Church may proceed thereon in like manner as if the Estates' Commissioners, and one by the lessee defendants had appeared and accepted euch or intending purchaser, and the two arbitra- issue; and the parties in such action shall protors so appointed shall, before they proceed in duce to each other, their respective attorneys the matter referred to them, appoint an umpire or counsel, at such time as any Judge may or third arbitrator, and the proceedings upon order, before trial, and also to the Court and such arbitration shall be conducted in like jury, upon the trial of any such issue, all manner, and subject to the same rules and books, deeds, court rolls, papers, and writings,

New Statutes effecting Alterations in the Law.

terriers, maps, plans, and surveys, relating to the matters in issue, in their respective custody or power; and it shall be lawful for the Judge by whom any such action shall be tried, if he shall think fit, to direct the jury to find a verdict, subject to the opinion of the Court upon a special case; and the verdict which shall be given in any such action, or the judgment of the Court upon the case subject to which the same may be given, shall be final and binding upon all parties thereto, unless the Court wherein such action shall be brought shall set aside such verdict, and order a new trial to be had therein, which it shall be lawful for the said Court to do if it shall see fit: Provided always, that after such verdict given, and not set aside by the Court, or after such decision of the Court, the said ecclesiastical corporation and the Church Estates' Commissioners shall be bound by such verdict or decision; and the costs of every action, and of obtaining a decision thereon, shall be in the discretion of the Court in or by which the same shall be decided, which may order the same to be taxed by the proper officer of the Court, and the like execution may be had for the same as if such costs had been recovered upon a judgment of record of the said Court: provided also, that in every case in which the costs or any part of the costs of or incident to any action to be brought under the provisions of this Act shall become payable by the defendant in such action, it shall be lawful for the Church Estates' Commissioners, and they are hereby required, to pay such costs out of any surplus moneys coming or which have come or may come to their hands in repect of the estates of such corporation, under the provisions of the said recited Act or this Act.

7

apportionment of moneys between the Church Estates' Commissioners and ecclesiastical corporations, and to the application thereof, shall be construed to relate to all lands and other hereditaments, and to every estate or interest therein, which may have been or which may be acquired by any ecclesiastical corporation by purchase or exchange under the provisions of the said recited Act, so as to authorise the lastmentioned Commissioners to require the payment to them by the ecclesiastical corporation primarily interested in such lands or hereditaments of a sum of money equivalent to the surplus share thereof.

8. The proviso contained in the first section of the said recited Act, with reference to the sale or exchange of tithes or tithe rentcharges, or land or hereditaments allotted or assigned in lieu of tithes, shall be and the same is hereby repealed; and all the moneys so paid or to be paid over to the Ecclesiastical Commissioners for England under the foregoing provision, which may have been produced by the sale, purchase, or exchange of tithes or tithe rentcharges, or land or hereditaments assigned or allotted in lieu of tithes, which formed part of the endowment of any ecclesiastical corporation prior to the passing of the said Act, shall be subject to the provisions relating to local claims which are contained in the 67th section of the Act passed in the 3 & 4 Vict. c. 113; and in every case in which any money shall as aforesaid be paid over to the Ecclesiastical Commissioners for England in respect of surplus, the last-mentioned Commissioners shall, in the annual report to be next thereafter made by them to the Secretary of State, specify the period at which, at the time of the settlement of the terms of the sale, purchase, or exchange in respect of which such payment was made, it was estimated that any and every then subsisting lease or grant of the tithes or land thereby dealt with would have expired.

6. The provisions contained in the sixth section of the said Act, relative to the investment and application of the moneys which are to be paid into the Bank of England as thereby directed, shall be subject to the following pro 9. In all dealings between the Ecclesiastical visions; that is to say, the provisions contained Commissioners for England as to lands now in the eighth section of the said Act which di- vested or which shall hereafter become vested rect the Church Estates' Commissioners to re- in them and the holders of such lands, it shall quire certain payments to be made to them by be lawful for the parties to refer to arbitration or on behalf of persons being ecclesiastical the finding of the annual value and of the value corporations sole or members of the ecclesi- of the fee simple thereof, subject to the excepastical corporation aggregate shall be extended tions and reservations, if any to be excepted so as to authorise and require the same Com- and reserved thereout, and such finding shall missioners to apportion every sum of money be adopted in computing the terms of the sale, paid or to be paid into the Bank of England purchase, or exchange of such lands or of any under the provisions of the said Act or of this interest therein, regard being had in the final Act so as to set apart for the permanent en- settlement of such terms in every such case to dowment of such corporation sole or aggregate the just and reasonable claims of such holders a share of such sum of money sufficient to se- of land under lease or otherwise arising from cure to such corporation a permanent net income the long-continued practice of renewal, and the equal to that which, if the said Act or this Act said last-mentioned parties shall for the purhad not been passed, would have been received pose of such arbitration be subject to the proby such corporation from the property by the visions herein before contained as to the apenfranchisement whereof such money was pro-pointment of arbitratiors and the payment of duced; and the Church Estates' Commis- costs. sioners shall pay over the remainder of such sum of money to the common fund of the Ecclesiastical Commissioners for England.

7. The foregoing provisions relative to the

10. The Ecclesiastical Commissioners for England shall with reference to their dealings with lands vested in them state in their reports the like particulars which the Church Estates