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Lectures at the Incorporated Law Society.-Admission of Attorneys.

owed its origin, in remote times, to the peremptory and conscientious interference of the Royal Authority, as represented by the Great Seal, which, not perhaps without a contest, succeeded in impressing a strictly fiduciary character on that possession of a deceased person's goods by the ordinary or his nominees, which appeared to have been originally, to some extent, indefinite in its nature, and uncertain in its incidents.

In matters of account, the Courts of Equity have what was in theory, at least, a concurrent jurisdiction with Courts of Law. But the machinery of the former,-supplying by its system of evidence, however defective on some points, the more effectual means of sifting the details of complicated commercial or pecuniary transactions, had secured for the equitable tribunal so general a preference in practice, that its interference had almost assumed the character of an exclusive jurisdiction. The recent changes in the Law of Evidence, by the Statute 14 & 15 Vict. c. 99, which conferred on all Courts the power of examining the parties most interested in the points at issue, a power which the Court of Equity had, sub modo, and to a limited extent, so long enjoyed, might possibly have the effect of recalling into active operation, the almost dormant functions of the Common Law on this point.

It was not the Lecturer's intention, and the limits of this merely preliminary discourse would not authorise him to undertake an accurate or systematic enumeration of the various classes of subject, however capable of generalization, to which the action of equity extended. He had attempted no more than a rapid glance at the main features and characteristics of the science, confining himself to such observations on its application by our Courts as appeared to him shortly and fairly illustrative of the spirit which animated it in theory, and to the honour of our judicial system be it said,-had seldom failed to direct it in practice. Among many other points which | he had omitted, and to which a more accurate outline of his subject would properly extend, he might mention the jurisdiction of the Court as exercised in the protection of the person and property of infants: and he referred to it now merely to note the distinction that it was not dependent on the general attributes or functions of the Court as the dispenser of equitable justice, but was derived from the more technical authority of the Great Seal, representing the prerogative of the Sovereign as parens patriæ, and claiming by an extended, though modified application of an ancient feudal principle, the guardianship of ail infants. The authority possessed by the Court over the property of the infant, was not, as it had been sometimes alleged, the foundation of the right of control which it claimed over his person. It was more properly an incident of that right, and a necessary development of the duty which its possession involved. It was well settled. that the existence of property to which the infant might be entitled, was wholly unnecessary

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to warrant the interference of the Court, whereever a due consideration of his moral or spiritual interests rendered it expedient to withdraw him from the custody of those, however nearly connected with him in blood, who might be guilty of abusing the sacred trust with which nature or law had invested them.

Before concluding, the Lecturer adverted to what was, he believed, not an uncommon error, in reference to a department of administrative justice sometimes supposed to be connected with the peculiar jurisdiction of the Court of Chancery. He meant the custody of the person, and protection of the estates of lunatics. This important and useful jurisdiction-strictly a branch of the prerogative-was not. like the custody of infants, a regular and permanent attribute of the Great Seal. The Lord Chancellor had no power, as such, to interfere with either the person or the property of those suffering under mental alienation, merely on the ground of their incapacity. The writ de lunatico inquirendo had, indeed, always been sued out under the great Seal, by virtue of what is technically described as its ordinary jurisdiction, as officina brevium. But the authority usually exercised over the person and property of the lunatic (when duly so found) by the Judge holding the Great Seal, was derived, not from the custody of that significant emblem of the Royal Prerogative, but from a Special Commission granted by the Sovereign, and delegating that authority to the Chancellor for the time being in his individual capacity. Hence it was that, although the combined effect of recent legislation and the Royal Sign Manual had entrusted the exercise of the jurisdiction in Lunacy to the Lords Justices of Appeal in Chancery, concurrently with the Chancellor,neither the Master of the Rolls nor any one of the Vice-Chancellors, however fully representing the power and functions of the Great Seal as the dispenser of Equity, could, as such, take any judical cognizance of the matters pertaining to lunacy.

ADMISSION OF ATTORNEYS.

APPEAL FROM THE EXAMINERS.

By the Rules and Orders of the Superior Courts of Law and Equity, in case any Candidate shall be dissatisfied with the refusal of the Examiners to grant their Certificate, he shall be at liberty, within one month, to apply for admission by petition in writing. to the Judges, which application shall be heard in Serjeants' Inn Hall, by not less than three of the Judges.

A petition of appeal was presented by one of the 23 Candidates who were rejected in Trinity Term last. The application was first heard on the 2nd instant, before Mr. Justice Coleridge, Mr. Justice Maule, and Mr. Justice Williams, and adjourned to the

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Admission of Attorneys. - Review: Stewart's Blackstone's Commentaries.

-

past tense

7th instant, when Mr. Justice Coleridge, ago. The learned Editors appear to travel Mr. Stewart Mr. Justice Cresswell, and Mr. Justice side by side, for each has arrived at a Williams heard the appeal, and, having Third Edition of his labours. considered the Questions and Answers has preserved nearly the whole text of (copies of which had been laid before Blackstone,-putting in the them), their Lordships dismissed the ap- those parts of the Law which have been altered,-converting them into an historipeal, It is upwards of 17 years since the Exa- cal form, and then setting forth the present mination of Candidates for admission on state of the Law. Mr. Serjeant Stephen the Roll of Attorneys and Solicitors was does not profess to give the entire work of instituted. Nearly 400, on the average, Blackstone, but to make "new Commenare examined yearly, of whom 300 take taries," quoting from Blackstone all that out Certificates, making in all about 5,000 remains unaltered, and distingishing the Practitioners who have been examined. quotations by the brackets in which they are inclosed. This was the third appeal only.

The whole number of Attorneys in England and Wales is about 10,000. The number, during the last 10 years, has but slightly increased,-during the last two years, it has somewhat decreased.

The following are the precise numbers: From Trinity Term, 1836, to Michaelmas. 1842, both inclusive

Hilary, 1843, to Michaelmas, 1849, both inclusive

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Hilary, 1850, to Michaelmas, 1853, both inclusive

2,742

We incline to think that both these plans are preferable to the editions in which the original text is given as Blackstone wrote it, appending numerous and elaborate notes, to show the alterations effected or the reOur anpeal or amendment of the Law. cient attachment to Blackstone, however, induces us to rejoice that we may still read the unrivalled original, and we should deem a library incomplete that did not contain the work, both in the original and the amend1,498ed form. The student preparing for his examination, and pressed for time, will of course prefer that edition in which he may soonest find the actual state of the Law, without any more historical matter than may be essential to comprehend the existing enactments and rules.

2,569

6,809

The proportion of the Candidates deferred is, on the whole, about 7 per cent. The average of the last four years is rather The folhigher, being about 11 per cent. lowing are the particulars of Candidates deferred:

Trinity, 1836, to Michaelmas, 1842, both inclusive

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Hilary, 1843, to Michaelmas, 1849,

both inclusive
Hilary, 1850, to Michaelmas,
both inclusive

1853,

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110

204

483

This number includes several Candidates who were rejected more than once.

NOTICES OF NEW BOOKS.

In the Preface to this new edition, the Editor thus explains his views in adhering to his plan, adopted so long ago as the year 1837, and the progress of his labours from that time to the present :

"I have now the satisfaction of presenting 169 the Third Edition of the whole Four Books of the Commentaries of Mr. Justice Blackstone, edited on a plan which has found some favour with the Profession. Since the first edition appeared, I have had the pleasure of observing the publication of many other works taking the Commentaries of Blackstone as their foundation, and incorporating additional matter contributed by their Editors. Without in any way wishing to put forth for my own work any claim of originality, yet I may allude to these other publications as justifying my own atleast, in which the old plan of leaving the text tempt. One edition of the Commentaries at unaltered, and adding notes giving the changes in the law, with much new matter, has also been published within the same period; and there have been several other publications more or less derived from Blackstone, all of which I have not seen.

Commentaries on the Laws of England, in
Four Books. By Sir WILLIAM BLACK-
STONE, Knt., one of the Justices of his
Majesty's Court of Common Pleas. The
23rd Edition, incorporating the altera-
By
tions down to the present time.
JAMES STEWART, Esq., Barrister-at-
Law. London: Stevens & Norton, 1854.
OUR readers are well aware of the new
plan of editing our great Legal Classic,
adopted by Mr. Serjeant Stephen and Mr.
Stewart contemporaneously, several years

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Review: Stewart's Commentaries on the Laws of England by Blackstone

answer,

127

say, that having thus had an opportunity of any degree uncertain of a full and complete reconsidering my original plan, I am not disposed to make any alterations in it, whatever may be the faults of its execution. The numerous and important changes in the law since the last edition, made by statute and otherwise,

I have endeavoured to notice.

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If this course be adopted, we shall expect next year that, wherever the Examinaof the Inns of the Court, or the Hall of the tion may take place, whether in the Halls "As the volumes of this work were publish- Incorporated Law Society, the student, ed separately, it may be useful to give the dates aided by these works and others of similar of the several editions. That part of the second excellence, will be enabled to answer the volume which relates to Real Property was first questions placed before him, in a wellpublished in 1837. A second edition, includ- expressed, careful, and complete manner,also the law relating to Personal Property, in

in 1844.

cond volume has been much usen as a Student's

1840; and a third in 1844. The first volume avoiding unnecessary details, circumlocuwas first published in 1839, and a second, tion, or conjecture. edition in 1849. The practice, indeed, The third volume was of writing a pithy answer to every one of first published in 1841, and a second edition these questions, will be a useful exercise, The fourth was first published both to the student for the Bar and the in 1841. and a second edition in 1844. have endeavoured in this edition to bring down mination, the shorter the answer the better, I articled clerk. For the purpose of an exathe whole law to the present time. As the se- provided it be complete. book as well at the Universities as in the Inns The young lawyer of the present day has of Court, and elsewhere, I have thought that it certainly many advantages over the lawyers might be convenient to continue its separate of former times. He has the means of publication, but I have in this edition, for the coming well prepared for the first time, endeavoured to make the statement of the whole body of law contained in the Commentaries uniform and simultaneous; and I have thought it might be useful to append a series of questions to each chapter.

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"It is proper to observe that, throughout the work, the first book or volume is referred to as The Rights of Persons,' the second as Principles of the Law of Real and Personal Property,' the third as Private Wrongs,' and the fourth as Public Wrongs.' "The marginal paging refers to the original paging of Blackstone.

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"In the course of the preparation of this edition for the press, I have received much assistance from professional friends at the Bar, among whom I may mention Mr. Arthur Sperling, and Mr. J. S. Cumming, both of Lincoln's Inn, to whom I feel much indebted."

The alterations which have been made in the Law since the last edition, are stated with much judgment, conciseness, and accuracy; and the whole work well upholds the Author's reputation for skill and learning. The various steps taken in both branches of the Profession, to improve the system (if system it can be called) of legal education, has evidently induced Mr. Stewart to append to each chapter, without unnecessarily going into minute detail, such Questions as will test the recollection of the student as he proceeds, chapter by chapter; thus furnishing the ready means of mastering the principal points throughout the work. After an attentive perusal of a chapter, the Student should read question by question, turning back to the text, whenever his recollection fails, or he is in

ordeal

through which he has to pass, and if he diligently devotes a few hours daily during his pupilage of three or five years, he cannot fail to do credit to himself, and ultimately honour to his Profession.

By way of example, we select the questions framed on the 3rd section of the Introduction, containing a general description of the Laws of England:

:

"Page 59. Of what is the Municipal Law of England composed?

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How is it usually divided?

60. Define and explain Jus non scrip

tum?'

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Review: Stewart's Blackstone's Commentaries.-Points in Com, Law Practice.

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our ancient legal writers, with the ATTESTATION
names of their several treatises,

giving some account of the more
important.
70. State the origin and authority of
custom under Republican and
under Imperial Rome.

OF WARRANT OF ATTORNEY BY ATTORNEY ACTING FOR BOTH PARTIES.

THE plaintiff having agreed to lend the defendant 351., on his executing a warrant of attorney, the defendant went to the plaintiff's 71. What are particular customs? attorney, Mr. Slocombe, of Reading, with the Where does gavelkind prevail? In plaintiff, in order to give instructions to have what is it peculiar?

What is Borough-English? 72. What is the Lex Mercatoria ?'

73. Is the practice of conveyancers binding?

State the points of proof of customs. Name any exceptions to the first point. 74. Give the rules which regulate customs, in order, with examples of each.

What was, and what is the time of legal memory? 76. How are special customs construed? Give an instance.

What is the third division of our Common Law? 77. How do codes, such as the Civil and Canon Laws, come to be included inleges non scriptæ ?' Whose example does Blackstone cite for such an arrangement? 78. How is the Civil Law subdivided; when, and by whom, was it so arranged?

Give an outline of its history. 79. Of what does the Canon Law con

sist?

80. Who compiled it, and when? Over whom is it binding, and by what authority?

81. In what Courts are the Civil and Canon Laws in use?

In what three ways are these Courts restrained?

82. What is the oldest part of the Statute Law? 83. Mention the kinds of Statute Law. To what are they parallel in Roman Law?

How are Acts of Parliament now

cited? How formerly? 84. What are declaratory and remedial, enlarging and restraining Statutes? Give examples of each. 85. Mention the rules for the con

the warrant of attorney prepared. Mr. Slocombe was, however, not at home, but afterwards, on the defendant meeting him, they went together to the plaintiff's residence, and after the plaintiff and Mr. Slocombe had had some conversation in private, the defendant went to Mr. Slocombe's office. A warrant of attorney was then produced, and on the defendant, in answer to a question, whether he had any attor ney, as it was necessary one should be present on his behalf when he signed, observing, Mr. Lamb had done some business for him, it appeared that Mr. Slocombe had said, he would do it for both. He then read over the contents of the warrant, and attested the defendant's execution as his attorney, but he was also described in the attestation as "the attorney for the plaintiff in this action."

A rule was made absolute to set aside the warrant of attorney, and Cresswell, J., in his judgment observed: -"The question depends upon the sufficiency of the attendance of an attorney for the defendant, at the execution of the warrant of attorney, to satisfy the 9th sect. of the 1 & 2 Vict. c. 110.'

Which provides, that "no warrant of attorney to confess judgment in any personal action, or cognovit actionem, given by any person, shall be of any force, unless there shall be present some attorney of one of the Superior Courts on behalf of such person, expressly named by him, and attending at his request, to inform him of the nature and effect of such warrant or cognovit before the same is executed; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney."

Points in Com. Law Practice.--Receipts on Policies of Insurance.-Notes of Week. 129

vessel, and was paid off in London. On a motion for security for costs, the affidavit in support alleged that the plaintiff had no family connections in this country, nor any permanent residence, except a temporary lodging, and that he was likely to go to sea again.

RECEIPTS ON POLICI ES OF IN-
SURANCE.

I do not find anything in the Statute requiring by the defendant to serve as cook on board his the presence of an attorney for the person, to whom the warrant is given. But the same attorney cannot act on both sides. All the cases agree in that. The question, therefore, in this case, is, whether Slocombe can be considered as having attended solely on the part of the defendant. I am of opinion that he Lord Campbell, C. J., in refusing the rule, certainly cannot. Upon the defendant's affi- said, that none of the authorities went beyond davit, I should assume that Slocombe attended this, that "a foreigner being in England, but as the plaintiff's attorney. But even taking having his domicile out of the country, may be the facts as they appear upon the plaintiff's affi- called upon for security. Here no such dodavit, I should come to the same conclusion. micile is shown: the presumption must be, I agree with Mr. Brown [the plaintiff's coun- that the party will continue to reside where he sel], that we must deal with the matter as we is. To order security in such a case would be would have done on the day after the execu- an impediment to justice which we are not tion of the warrant of attorney. But, in so authorised to allow." Drummond v. Tilling hist doing, we may still look at the subsequent 16 Q. B. 740. conduct of the parties. It appears that the defendant, being desirous of borrowing a sum of money from the plaintiff, the latter introduced him to Slocombe; that Slocombe afterwards conferred with the plaintiff, and then told the defendant he must give a warrant of attorney. Waiving all question as to the conversation alleged to have taken place at Slocombe's office, it appears that a memorandum and warrant of attorney were prepared by Slocombe; and I do not find any statement that the memorandum was ever handed over, nor does it appear in what capacity Slocombe held it. I do not mean to impute anything intentionally wrong to Slocombe: he meant, no doubt, to act correctly; but he has failed to do So. It may be that this Statute, which was designed to guard against fraud, may some times be turned into an engine of oppression, on the part of the defendant. Still he has a right to come to us and complain, that the provisions of the Act have not been duly complied with I think there cannot be any moral doubt that Slocombe was acting for both parties; and this, upon all the decisions, is quite contrary to the spirit of the Act." Cooper v. Grant, 12 Com. B. 154.

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THE Solicitor to the Board of Inland Revenue, in answer to an inquiry from the solicitors of a life insurance company, "whether under the recent Act relating to the Penny Receipt Stamps it was necessary to have a stamp affixed to the receipt always indorsed on policies of insurance, and signed by the parties when the moneys secured by such policies were paid;" replied, that no alteration was made in the law in that respect by the recent Act.

We may presume that the same answer would be given with respect to Bonds and Mortgages. In fact, it seems that the amount of the receipt stamp, when required, is diminished, but the former law regarding cases in which no receipt stamp was required, remains unaltered.

NOTES OF THE WEEK.

LAW APPOINTMENTS.

THE Queen has been pleased to grant the place of one of the Lords of Session in Scotland to Hercules James Robertson, Esq., Advocate. From the London Gazette of Dec. 9.

William Shaen, of No. 8, Bedford Row, London, Solicitor, to be a Commissioner to take affidavits within the United Kingdom of Great Britain and Ireland, to be used in the Supreme Court of Judicature of the Colony of Victoria.

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