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Of administrator retaining balances, 14

Of vendor in specific performance suit, 14

Recovery of costs in Australia, 36

Of trustees, 19, 165, 479

Of mortgagee, 238, 262, 279

On petitions, 257, 336, 395
Payment of in charity cases, 258
Right of Crown, 479

And see 50, 74, 93, 111, 130, 184, 200, 235, 258,
296, 536, 418, 458, 479


Amendment of declaration, 12

Staying action by executor, 34

Renewed notice to produce on second trial, 58

Jurisdiction to return rules at Chambers, 148

Amendment after trial by adding plea, 148

Motion to set aside nonsuit, 223

Additional affidavits on County Court appeal, 223

Execution in undefended causes, 243

Enforcing English judgments in France, 254

Discharge of feme covert taken in execution, with

husband, 357

Injunction to restrain infringement of patent, 459

Affidavit of service of writ in ejectment, 459

of motion to set aside outlawry, 459

As to acknowledgments of married women, 458

Bucknill on Unsoundness of Mind, 443

Cox on the British Commonwealth, 68

Deane on the Law of Blockade, 453

Finlason's Common Law Acts, 179

Foss on Cursitor Baron of Exchequer, 319, 337

Francis' Common Law Procedure Acts, 30

Humphreys' Manual of Civil Law, 216, 233

Jarman's Chancery Practice, 127

Kerr's Common Law Procedure Act, 1854, 8, 198

Law relating to India, 313

Leverson's Copyright and Patents, 177

May on Parliament Practice, 146

Philips' Common Law Procedure Act, 162

Rouse's Practical Man, 353

Sheil's Legal and Political Sketches, 399

Smith's Action at Law, 90

Stephen's Digest of County Court Cases, 372

Taylor on Medical Jurisprudence, 355

Warren's Miscellanies, 498

Wills' Vestryman's Guide, 499


Examination and Lectures, 53, 185, 239

New Queen's Counsel, 37, 187

How to get on at the Bar, 53

Barristers Called, 165, 300

Chancery Queen's Counsel, 261, 500

Circuits of the Judges, 279

Barristers in New South Wales, 384

Increase of lawyers in Hungary, 243

Origin of Inns of Court and Chancery, 560


State and prospects of, 1

Honours and emoluments of, 137

Meeting at Leeds and the press, 14, 41

Remuneration, 371, 409, 479

Character of, 363

Law prize by solicitors of Edinburgh, 508

Benevolent Institution, 101, 205

Unqualified practitioners in Police Courts, 304

Certificate duty, 113

Right to practise in County Courts, S62, 464

Admission in Colonial Courts, 279

Vacancy in Record Office, 206

Inns of Chancery, 209, 232

Administration of oaths in Chancery, 501

Commissioners in Chancery, 166, 242, 324, 425

Solicitors elected as mayors, 57, 77, 94, 133

Admission, 56, 242, 502

Attorneys to be admitted, 112, 152, 204, 223, 239,

482, 503

Attorneys to be re-admitted, 223, 262

Admiralty Commissioners, 94

List of, in New South Wales, 334

Perp. Commissioners, 77, 166, 242, 299, 324, 425

Renewal of certificates, 36, 57, 223, 483, 503

Dissolution of partnerships, 77, 166, 242, 324,

425, 502

Special agreement with client, 12, 33

Affidavit of increase-payment of witnesses, 72

Privilege from arrest, 130

Audience in Superior Courts, 130

Taxation of costs, 128, 164, 194, 220, 296, 315,

335, 458, 496

Delivery up of deeds, &c., 182, 216

Restoration to roll, 234

Lien on policy for costs, 257

Retainer by lunatic, 257

Ancient rules and orders, 258

Summary jurisdiction over, 417, 478
Setting aside purchase from client, 440
Recovery of fees by unqualified person, 203

Incorporated Law Society, 85, 219

The Legal Observer,



-"Still attorneyed at your service."-Shakespeare.






On the commencement of another Legal Year, with the opening of a new Volume, may be deemed not inappropriate to take a general view of the present state of our branch of the Profession, and endeavour to form some estimate of its future prospects. The recent General Meeting at Leeds of a large number of Attorneys and Solicitors from various parts of the country, as well as the metropolis, has furnished us with several topics of observation of great importance, and we have a few others to suggest for consideration, derived from other sources, or our own reflection.

Further and greater materially affected. changes in this department are contemplated, to which we shall hereafter advert.

The most sweeping and conspicuous alterations which have been effected since Lord Brougham's great speech on Law Reform, have been in the jurisdiction and course of proceeding in the Common Law Courts. The forms of special original writs, declarations, pleas, paper-books, and frivolous demurrers, which delayed the suitors and increased expense, have been altogether annihilated, and therewith all the large profits, easily earned, which accompanied those proceedings. In like manner the abolition of Arrest on Mesne Process, destroyed another large source both of delay and expense. Our insatiable law reformers, not content with these achievements, proceeded to take away, root and branch, all except a few actions from the Superior Courts not exceeding 201.; and lastly, these "small debts" were extended concurrently to 50l. Nor let it be overlooked in this catalogue, that whilst the Attorneys were thus deprived (without the emoluments of Solicitors has not been compensation) of a large part of their pracso great as in other branches, but still it tice, they were also excluded from filling the has been very considerable. For instance, by the abolition of fines and recoveries, the petty Judgeships of the new Small Debt assignment of outstanding terms, the lease Courts, although up to that time they had assignment of outstanding terms, the lease satisfactorily filled the office of Assessors to for a year, and other changes connected the Commissioners of the Courts of Rewith the Law of Real Property, the pecu- quest, which were then displaced by the niary interests of the Profession have been new County Courts.

In regard to the present state of the practice or business of Attorneys and Solicitors, it cannot be disputed that it has undergone several injurious changes within the last 20 years or more. In the department of Conveyancing, the diminution of

Next, in its effect on the Attorneys, came 1 It should not be forgotten that whilst about the never ending changes in the law and 50,000l. a year was taken from the Solicitors practice of Bankruptcy. The Solicitors in by the Act for dispensing with leases for a town and country who had been Commisyear, the then Chancellor of the Exchequer retained the stamp duty. The present Chancel- sioners, along with members of the Bar, were lor of the Exchequer has consistently abo- pensioned off, and all future Solicitors exlished this outrageous tax on a deed that no cluded from the new Commissions. Official longer existed. assignees and messengers were appointed

VOL. XLIX. No. 1,391.



State and Prospects of the Second Branch of the Profession.

to perform the greater part of the former welfare of the Profession, so far as it has duties of Solicitors; large fees were exacted, already extended, let us turn to the conand the result has been the diminution of sideration of some further changes which business to such an amount, that the sup- are in contemplation. porters of the system are at their wits' end to find means for defraying the expense of the costly establishment.

1st. The Registration of Titles.-The various former projects of entering every deed or instrument relating to land on a Come we now to the Court of Chancery, public register, appears to be generally abantime out of mind the great stalking-horse doned, and a new proposition is brought of reform. Here we have abolished offices forward, limited to the registration of titles. at the expense, well-nigh, of half a million The register, as we understand the plan, of money,-bowed out the ancient Masters will contain merely a description of the in Chancery ;-enabled the Court to decide property, and the name of the owner of the knotty points off-hand without the for- legal estate. The expense of this entry will mality, delay, or expense of pleadings; be small, but until a sufficient length of to examine witnesses vivá voce;—and take time has elapsed to constitute a title by accounts in an administration suit as possession against every claimant, the costs rapidly as the most skilful accountant. of the investigation of the title must remain The result, however, of all these "improve- as at present. It is expected, however, we ments is, that the Solicitors who con- understand, that Parliament will authorise scientiously discharge their duty are most a purchaser to call upon the registrar to ininadequately remunerated, and the strongest vestigate the title, and notice being given temptations are held out to the needy or to all known parties who have any interest lower class of practitioners who, if so minded, in the property, the registrar will determine can easily protract business and increase the sufficiency of the title, which being expense, and thus secure a sufficient return recorded shall be conclusive against everyfor their labour and responsibility. This body,-reserving only a right to compensastate of things is not only unjust to the tion to a claimant who has not received skilful and respectable practitioner, but in- notice; but enabling the purchaser absojurious in its consequences to the suitor. lutely to hold the estate. Of this, however, more hereafter we are here only indicating the consequences of the present defective system.2

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There can be no doubt that this modified plan of registration, if adopted, will be carried into effect in the metropolis; and it Such being the result of the various law will therefore soon be the duty of our proreforms on the usual and ordinary branches vincial brethren to consider whether their of business, we must not lose sight of the former decided objection to a metropolitan extraordinary sources of income which have registry of all deeds, is to any and what arisen in favour of a fortunate but small extent affected by the change in the nature class of the Profession. We have, indeed, of the registration. For our parts, we should heard it urged, in answer to the com- say, that if the Legislature be determined plaints of Solicitors, that new and extensive to try the experiment of a register of titles, branches of business have been produced they should confine it for the present to by the progressive changes which have Middlesex and Yorkshire, substituting the taken place in modern times. It is, indeed, new for the present defective registers. In not improbable that the amount of costs those counties, including large agricultuaral paid to lawyers within the last few years is districts as well as large cities and towns, as much as at any former period. This there would be ample room and verge for conjecture takes into account the vast ex- the experiment. It must be admitted that penditure connected with all the railways the expected advantage is remote, and of the country; but let it be recollected therefore there need be no dangerous haste that these are in the hands of a small for a few years, especially as we know number of our brethren, and afford no that many who are in favour of the plan, compensation to 99 men out of every 100 conceive that it cannot be safely carried who have suffered by the diminution of all other kinds of professional employment. From these effects of Law Reform on the

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into effect without a public map; and the limited experiment we suggest would set that question at rest.

2nd. The next projected change has for its object the further extension of the County Courts. The "small end of the wedge" of these Small Debt Courts having

State and Prospects of the Second Branch of the Profession.


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 a Court of Appeal from the County Courts, consisting of County Court Judges instead of the Judges of the Superior Courts: thus enabling them finally to rule the law in all the local Courts; 2nd, to render the County Court Appeal Judges eligible for promotion to the Bench of the Superior Courts; and 3rd, to transfer to the County Courts a large part of the business of the Court of Chancery,-superseding to a great extent the Chief Clerks of the Equity Judges, and setting at naught the improvements 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.

large branch of legal business being distributed, as it is, amongst a thousand Solicitors, each perfectly acquainted with all the interests of the families of his clients, it would be transferred to a few fortunate individuals who had influence enough to procure a good board of directors.

From these considerations of anticipated alteration in the course of professional practice, we turn to some of the grievances already existing, and which were forcibly noticed at the recent meeting at Leeds.

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.

the interest of the innkeepers, but whose praises have no effect on the public. Indeed, 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! 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 Barrister" escapes altogether the ill-natured wit 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 admiunexamined 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 exciteeessarily 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 the law. And although they do not always spare their brother Barristers, it is manifest that, whenever occasion offers, or can be created, the Attorney becomes the object of 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 aecusation; or abandons a just complaint, either because it is unprofitable or a bribe directly or indirectly is offered for his acceptance!

able statements of facts, with apt illustrations, and just and foreible reasonings, on matters involving the character and integrity of the Profession, would also be read with equal attention.

the claims of the Profession should be made known to the public through that powerful organ, the Press,-demonstrating the in terest 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 de voted 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 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 circumstanees within their knowledge, there are many public journals which would do them the justice to bring their defence ably and impartially before the public. It is supposed by a writer in the Law Times, in an article ably written, but somewhat inconsistent with its general views, that it would be a waste of money and toil to attempt the advocacy of lawyers. He supposes the laudation would not be read, or if read would be ridiculed; and that it would defeat its object and increase the public prejudice. It is assumed that a new daily paper is contemplated, on which 50,000l. might be thrown away; that it would be opposed by the rest of the Press and

We agree also, that the members of the Profession might be usefully assembled more frequently than at present, by general meetings in London and the Provinces, at which subjects interesting to the general body might be brought forward by concisely written papers, followed by discussions thereon, as well as by formal resolutions and more elaborate speeches or lectures, after the manner of the British Association.

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

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