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JOURNAL OF JURISPRUDENCE
T. & T. CLARK, LAW BOOKSELLERS, GEORGE STREET.
GLASGOW: THOMAS MURRAY & SON; AND J. SMITH & SON.
ABERDEEN: WYLLIE & SON.
LONDON, STEVENS & SONS.
MUIR AND PATERSON, PRINTERS, EDINBURGH.
LIBRARY OF THE
LELAND STANFORD, JR., UNIVERSITY
American Gossip about English Lawyers,
Appointments, 207, 426, 656
Ballot Act (Scotland), Analysis of, 65, 122
Bastiat's Economic Sophisms, 304
Blair, William, Advocate, 542
Bovill, Lord Chief Justice, 660
Brabrook's Tidd Pratt's Friendly So-
Delays in Law Courts, 49
Destination to Granter's Heirs, whom
D'Olivecrona's Causes of Relapse into
Education (Scotland) Act 1872, by J.
Guthrie on Trade Unions, 648
Hemmings' Thoughts on Fusion of Law
Holland's Institutes of Justinian, 245
Hope-Scott, James Robert, Q.C., 323
Husbands, Legal Supremacy of, 259
Innes' Lectures on Scotch Legal An-
Inventory for Confirmation of Executors,
Jeffrey, Life of Lord, and Memorials of
Judiciary Reform, 90, 208,
Law Agent, Can a, be compelled to dis-
Law Agents, Examiners of (Act of Sede-
Law Agents Fees, Profession overstocked,
Law Agents, Privileges of, 248
Law Amendment Society, Annual Ad-
Law Amendment Society, Papers of, 297,
Law Courts and Offices, Commission on
Law Court Fees, payment of, by Stamps,
Law Reform, some Thoughts on, 1822 and
Lawyers in United States, 422
Law Reporting in New York, 403
Life Assurance Liquidation, Set-off in,
Libel, Nominal Damages in Actions for,
Negligence, Contributory, 537
Nominal Damages in Actions for Libel,
Notice of Appearance in Sheriff Court,
Solicitors in the Supreme Courts on Law
JOURNAL OF JURISPRUDENCE.
SOME THOUGHTS ON LAW REFORM-1822 AND 1872. HALF a century of Law embraces as a rule the legal lifetime of even a long-lived lawyer, and twice the parliamentary lifetime of an averagely long-lived legislator. The progress of anything for so long a period cannot fail to be somewhat interesting, and the progress of the Law for the last half-century must, we should think, be specially so. We do not propose to trace this progress with any minuteness, but a glance at it may not be quite unprofitable at present.
There is an aspect of the commencement of this epoch to which we may for a moment recall attention. It was a time when men lived at peace with all our national institutions; when there were no grievances to be redressed, or at least no person to redress them; when Law reform, at least in Scotland, was almost unheard of, and when laymen and lawyers alike were satisfied with doing as their forefathers had done. Though the Court of Session had been remodelled, and a Jury Court transplanted from England, many in those days would have uplifted their hands in simple horror if a ravisher, a robber, or a reiver had escaped unhanged, and the criminal classes had under force of circumstances to hold their lives under the very precarious tenure afforded by a most bloodthirsty criminal code; whilst in other departments of our Law we find the possessors of landed property, under an unreformed feudal system, compelled to contribute enormously to the support of parchment-manufacturers and notaries-public, and our law of evidence still founded on the principle of preferring darkness to light. The Sheriff-Courts were blessed with a procedure so tedious and so expensive that men preferred to litigate before the Bailies of Royal burghs rather than appeal for justice to tribunals which were so hopelessly and helplessly impeded by costly shams. Nay, more, so intricate and refined had the science of procedure become in the Supreme Court, that no practising lawyer seemed to know anything about it, and a fifth of the judgments in the Inner House VOL. XVII. NO. CXCIII-JAN. 1873.