JOURNAL OF JURISPRUDENCE 1873 VOL. XVII. EDINBURGII : GLASGOW: THOMAS MURRAY & SON; AND J. SMITH & SON. LONDOY, STEVENS & SONS. MDCCCLXXIII. MUIR AND PATERSON, PRINTERS, EDINBURGH. 92396 LIBRARY OF THE LELAND STANFORD, JR., UNIVERSITY LAW DEPARTMENT. CONTENTS. Advocates' Library, Present Condition of, American Gossip about English Lawyers, 416 Amos' Systematic View of the Science of Appointments, 207, 426, 656 about Customers, 322 Bankruptcy Act 1869, English, 482 Bar, Present Condition of, 317 Bastiat's Economic Sophisms, 304 , Mr. Serjeant, 325 , William, Advocate, 542 cieties, 411 Briefless, Consolation for the, 148 Bryant the Poet, 540 146 Code of Law of Nations, 421, 517, 594 Collision at Sea, Apportionment of Loss, Continuous Crimes, Jurisdiction in, 235 Conveyancing Bill, Lord Advocate's, 252 Counsel, Privilege of, 487 ishments, 337 135 Delays in Law Courts, 49 failing to person named, 465 Crime, 407, 479 Drysdale, John, 600 Dundas, John, C.S., 362 Dundee Faculty of Procurators, 260 East India Association, 319 Education (Scotland) Act 1872, by J. Tod, Esq., 12 Entailed and Settled Estates (Scotland) Bill, 353 Expenses of Litigation, 393, 468 Fixtures, Brown's Rule of the Law of, 76 Forensic Reform, 245 General Council of Procurators in Scot- land, 150 Graduation in Law and Law Apprentice- ships, 44 Greene's Outlines of Roman Law, 199 Guarantee for Fidelity of Agent, Duty of Creditor in a continuing, 419 Guthrie on Trade Unions, 648 and Equity, 243 tiquities, 80 Innkeepers' Lien, 484 Insurance Slips, Marine, 484 Instruction, Higher, in Scotland, 113 International Law Conferences, 594 International Law, Institute of, Founded at Ghent, 517 Inventory for Confirmation of Executors, 657 his Time, 37 Jeffrey, Francis, 561 Judgment of the Court of Cassation, 361 Judicature Bill, English, 411 Judicature Act, The English, 629 Judicial Appointment, The Late, 40 142 SITY Official Changes, Possible, 414 preme Courts on, 88 Parliament House Book for 1873-4, 597 Personal Estate, Distribution of, among Grandchildren in England and Scot- Pitiful Fate of a Poor Pleader, 510 Present Condition of the Bar, 317 Prisons in Scotland, 34th Report of, 350 Public Prosecutors in England, 144 Procurators, General Council of, 361 Queen's Counsel, 591 Selborne's, Lord, Judicature Bill, 201 Set-off in Life Assurance Liquidation, 479 State of the Public Registers, 596 Sie utere tuo ut alienum non lædas, 203 Slaughterhouse Cases, “U. S,” 484 Small Debt Circuit Courts, 305 Smith, Archiball, Esq., F.R.S., 89 Solicitors in the Supreme Courts, Society Solicitors in the Supreme Courts on Law Courts Reforms, 129, 184 Stamp Duty on Deed of Assumption and Statutes of 1873 affecting Scotland, 626 Stipendiary Magistrates' Bill, 252 Telegraph Cases, Measure of Damages in, 524 land) Act, 1872, 589 Trade Unions, Rights of, under Trade Trade Unions, Sheriff-substitute on, 8 surance, 653 Way the Money goes, England v. Scot- Westbury, Lord, 491 408 Law Agents Act, 449, 539, 597 close his Client's address, 653 runt), 657 Law Agents Fees, Profession overstocked, 260 Law Agents, Privileges of, 248 dress of, 169 Law Amendment Society, Papers of, 297, 353 Law Courts and Offices, Commission on Salaries, etc, of, 536 204 Law Magazine and Review, 75 Law Reform, 306 Law Reform, some Thoughts on, 1822 and 1872, 179, 316 Lawrence, Mr. Beach, 656 Lawyers in Parliament, 205 Lawyers, Eminent Scottish, of the last century, 179, 346 Lawyers in United States, 422 Law Reporting, 537 Law Reporting in New York, 403 Lien, Innkeepers', 484 479 Life Assurance, Warranty in, 653 Lindsay, J. M., W.S., 493 Litigation in America and Sheriff Courts of Scotland, 147 Libel, Nominal Damages in Actions for, 40 Lorimer's Obligations of Neutrals, 478° Ludlow and Jenkyns' Treatise on Law of Trade Marks, 241 Lushington, Rt. Hon. Stephen, 151 Macdonald's Law of National Education in Scotland, 303 Mackay's Memoirs of Viscount Stair, 474 M'Kechnie's Lorimer's Handbook of Law of Scotland, 647 Maitland, Mr. Kenmure, 598 Marine Insurance, Valued Policies in, 21 Mayne's Treatise on Law of Damages, 195 Money Lending and Court of Chancery, 42 Nasmith's Institutes of English Public Law, 200 Negligence, Contributory, 537 Nominal Damages in Actions for Libel, Votive of Appearance in Sheriff Court, 202 261, 323-327, 362, 426-493, 512, 599 Otirirs of School Boards under the Elu- cation (Scotland) Act 1872, 598 THE JOURNAL OF JURISPRUDENCE. SOME THOUGHTS ON LAW REFORM–1822 AND 1872. 2 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. А |
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