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

125

owed its origin, in remote times, to the peremp-to warrant the interference of the Court, wheretory and conscientious interference of the Royal ever a due consideration of his moral or spiritual Authority, as represented by the Great Seal, interests rendered it expedient to withdraw him 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.

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.

what was, he believed, not an uncommon error, Before concluding, the Lecturer adverted to justice sometimes supposed to be connected in reference to a department of administrative 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 Royal Prerogative, but from a Special Commisthe custody of that significant emblem of the sion granted by the Sovereign, and delegating that authority to the Chancellor for the time being in his individual capacity. Hence it

ADMISSION OF ATTORNEYS.

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 gene-was that, although the combined effect of reralization, to which the action of equity extended. He had attempted no more than a had entrusted the exercise of the jurisdiction cent legislation and the Royal Sign Manual rapid glance at the main features and charac- in Lunacy to the Lords Justices of Appeal in teristics of the science, confining himself to Chancery, concurrently with the Chancellor,― such observations on its application by our neither the Master of the Rolls nor any one Courts as appeared to him shortly and fairly of the Vice-Chancellors, however fully repreillustrative of the spirit which animated it in senting the power and functions of the Great theory, and to the honour of our judicial sys- Seal as the dispenser of Equity, could, as such, tem be it said, had seldom failed to direct it take any judical cognizance of the matters perin practice. Among many other points which |taining to lunacy. 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 patrie, 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

APPEAL FROM THE EXAMINERS.

Courts of Law and Equity, in case any CanBy the Rules and Orders of the Superior didate 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.

of the 23 Candidates who were rejected in A petition of appeal was presented by one 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

126

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

7th instant, when Mr. Justice Coleridge. ago. The learned Editors appear to travel 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. Mr. Stewart considered the Questions and Answers has preserved nearly the whole text of (copies of which had been laid before Blackstone,-putting in the past tense them), their Lordships dismissed the ap- those parts of the Law which have been peal, altered,-converting them into an historical form, and then setting forth the present state of the Law. Mr. Serjeant Stephen does not profess to give the entire work of Blackstone, but to make "new Commentaries," quoting from Blackstone all that remains unaltered, and distingishing the quotations by the brackets in which they are inclosed.

It is upwards of 17 years since the Examination of Candidates for admission on the Roll of Attorneys and Solicitors was instituted. Nearly 400, on the average, are examined yearly, of whom 300 take out Certificates, making in all about 5,000 Practitioners who have been examined. 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

Hilary, 1850, to Michaelmas, 1953, 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 repeal or amendment of the Law. Our ancient attachment to Blackstone, however, induces us to rejoice that we may still read the unrivalled original, and we should deem 2,569 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.

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 higher, being about 11 per cent. The following are the particulars of Candidates deferred:

Trinity, 1836, to Michaelmas, 1842, both inclusive

Hilary, 1843, to Michaelmas, 1849, both inclusive

Hilary, 1850, to Michaelmas, 1853, both inclusive

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 :

46

I

may

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 Since the first edition apwith the Profession. peared, 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 Commentaries on the Laws of England, in wishing to put forth for my own work any Four Books. By Sir WILLIAM BLACK- claim of originality, yet allude to these STONE, Kut., one of the Justices of his other publications as justifying my own atMajesty's Court of Common Pleas. The tempt. One edition of the Commentaries at 23rd Edition, incorporating the altera- unaltered, and adding notes giving the changes least, in which the old plan of leaving the text tions down to the present time. By in the law, with much new matter, has also JAMES STEWART, Esq., Barrister-at- been published within the same period; and Law. London: Stevens & Norton, 1854. there have been several other publications more or less derived from Blackstone, all of which I OUR readers are well aware of the new have not seen. plan of editing our great Legal Classic, adopted by Mr. Serjeant Stephen and Mr. Stewart contemporaneously, several years

Under these circumstances, I think I have some reason to congratulate myself that my work is still called for. I may be permitted to

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 If this course be adopted, we shall exmay be the faults of its execution. The numerous and important changes in the law since pect next year that, wherever the Examinathe last edition, made by statute and otherwise, ! may take place, whether in the Halls

I have endeavoured to notice.

tion

of the Inns of the Court, or the Hall of the "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 also the law relating to Personal Property, in expressed, careful, and complete manner, 1840; and a third in 1844. The first volume avoiding unnecessary details, circumlocuwas first published in 1839, and a second, tion, or conjecture. The practice, indeed, edition in 1849. 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 articled clerk. For the purpose of an examination, the shorter the answer the better, provided it be complete.

in 1844.

in 1841. and a second edition in 1844. I have endeavoured in this edition to bring down the whole law to the present time. As the second volume has been much used as a Student's book as well at the Universities as in the Inns

of Court, and elsewhere, I have thought that it might be convenient to continue its separate publication, but I have in this edition, 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.

"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.

"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

The young lawyer of the present day has certainly many advantages over the lawyers of former times. He has the means of coming well prepared for the 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?

How is it usually divided?

60. Define and explain 'Jus non scrip

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

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 attorney, Mr. Slocombe, of Reading, with the Where does gavelkind prevail? In plaintiff, in order to give instructions to have what is it peculiar?

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

129

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 vessel, and was paid off in London. On a whom the warrant is given. But the same motion for security for costs, the affidavit in attorney cannot act on both sides. All the support alleged that the plaintiff had no family cases agree in that. The question, therefore, in connections in this country, nor any permanent this case, is, whether Slocombe can be con- residence, except a temporary lodging, and sidered as having attended solely on the part that he was likely to go to sea again. of the defendant. I am of opinion that he certainly cannot. Upon the defendant's affidavit, I should assume that Slocombe attended as the plaintiff's attorney. But even taking the facts as they appear upon the plaintiff's affidavit, I should come to the same conclusion. I agree with Mr. Brown [the plaintiff's counsel], that we must deal with the matter as we 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 sometimes 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.

Lord Campbell, C. J., in refusing the rule, said, that none of the authorities went beyond this, that " a foreigner being in England, but having his domicile out of the country, may be called upon for security. Here no such domicile is shown: the presumption must be, that the party will continue to reside where he is. To order security in such a case would be

RECEIPTS ON POLICIES OF IN

SURANCE.

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.