though meritorious collection of cuttings and the narrative of the circumstances of the case, scraps taken verbatim et literatim from the the recital of the pleadings, the report of the works of jurisprudential writers of more or arguments of the counsel, and of the reasonless repute and authority; and the Code is an ings of the Judge; and the small modicum of appendix of occasional and arbitrary edicts of result, the effective judicial decision thus ensuccessive emperors, arranged with some me- cumbered, reported by one reporter, is separated thod, but in no respect resembling a code such by an indefinite number of volumes of similar as is recommended in recent times. The reports, and by intervals of years and ages, French Code was a resource of necessity, im- from its nearest analogue, the next judicial posed, not chosen, upon the breaking up of decision that extends or qualifies it. And just innumerable provincial and local customs, upon so the Act of Parliament which extends or the sudden introduction of a common national limits an old rule, or introduces a new one, inlegislature and common tribunals, and where stead of being expressed as part of the terms there was no semblance of a pre-existing Com- of the rule thus modified, or in proper co-ordimon Law. It was such a case as the sudden nation with analogous rules, is registered in extension of one authority throughout the the Statute Book according to the accidental Heptarchy might have been, if multiplied in date of its passing, encumbered with preambles its operation about sixfold, and is as little ap- and provisoes, and non-obstante clauses, displicable to the present circumstances of Eng- located from the body of law of which it is land and its Common Law, the slow, deliberate, logically a member, and cast locally into the free, popular, and homogeneous product of midst of others having no discoverable con1,400 years of usage, legislative effort, political nexion with it. Thus we find that a rule estacontest, and revolution of an undivided nation, blished and defined by centuries of experiment and a concentrated legislature and administra- and discussion, and perhaps elaborated with tion. It would be out of place here to pursue perfect self-consistency, is registered in disthis topic; but it seems safe to assume that, orderly and cumbrous fragments, in a score of without clear and express commission to do so, Statutes, and a hundred reported cases. it would be a rash usurpation of a most perilous function to attempt to reduce all the expansible and infinitely developable principles of the Common Law of England into the terms and forms expressive of the conceptions of a compiler of the year 1853. "It is this unnecessary and mischievous encumbrance of the rule, by the mode in which it is thus accidentally registered, that is most justly to be complained of. This it is that most impedes legislation, and so often causes it to be obscure, inaccurate, and inconsistent. This makes jurisprudence so laborious, and so often uncertain in its progress, and conceals, in husk and chaff, the precious kernel of the law." On the remedy for these evils, Mr. Coode thus writes :— Besides "It is assumed then in these papers that the Statute Law already reduced to terms and producible, is to be cleared of manifest superfluities, reduced to order by a methodical arrangement without change of parts, and that a consistent construction as to language is to be adopted also, so far as this involves no change in "The first object, then, of the course proeffect, but that all such changes in effect, posed by these papers is, to ascertain the effect whether in the Statute Law itself, and still of the matter of the Statute Law, thus overmore in the Common Law, however palpably laid and dislocated, and the relations and con justified by the process of consolidation, are nexion of all its parts, and to present them in still to be left to the ordinary course, of practi- intelligible language and lucid order. cal legislation. In fine, these papers contemplate, not the policy or the practical motives of the immediate popular utility involved in this legislation, but only the form and the expression operation, it will necessarily tend to enable the in which the Statute Law may be most conveni- increased facility, comprehensiveness, and effect, legislature, on all subsequent occasions, with ently and best exhibited, either in one opera- to preserve in its future Acts the connexion tion, as in a consolidated Act, or in successive and order once realized, and to proceed directly, operations in the amendments, which circumand with the least possible incumbrance, in its stances and experience from time to time re-natural course of supplying all defects, as quire. They recommend no change in substance whatsoever, but, on the contrary, aim at the reproduction only of the identical effect of the existing law, and the literal and implicit and ministerial fulfilment of whatsoever inay be the future and varying purposes of the levading practical agreement between the laws gislature." The following remarks of Mr. Coode, on the present defective system of reporting judicial decisions and promulgating legislative enactments, are just and important: "The judicial result, giving effect, consistency, and definiteness to a rule, is overlaid by! they become visible, removing apparent anomalies, reconciling apparent inconsistencies, and by degrees realising, by the light of experience, that minute, detailed, and per themselves and the interests they protect, which is the only consummation of simplification and system worth consideration in the development of a body of practical law.” 26 Review: Finlason's Charitable Trusts.—The Law-Confounding Society. NOTICES OF NEW BOOKS. Το of one of the most illustrious of our living senators, uniting the abilities, both of a lawyer and a statesman, bent itself to the noble labour. Succeeding years have seen successive measures introduced, with a similar object, engaging the attention, in turns, of all our most distinguished living lawyers; and the fruit of these noble precedents and protracted labours is the Act which it has been the writer's endeavour to illustrate. A measure of which so ancient and so eminent have been the antece The Act for the better Regulation of Charitable Trusts. With copious Notes and an Introductory Essay, on the History, of Charitable Trusts, and the Laws relating thereto, and on the Jurisdiction exercised over them by the Court of Chancery, with Notes of the chief Cases. which is added an Appendix, containing dents, seemed a fit subject for the exercise of Precedents of Schemes, &c. By W. F. some historical research, and to demand a FINLASON, Esq., of the Middle Temple, somewhat large scope of collateral elucidation; Barrister-at-Law, Author of " History of and the nature of the Act rendered that a nethe Laws of Mortmain,' Essay on the cessary duty which, even otherwise, would have History and Principles of Pleading," been a natural and interesting task. For it is, Editor of "The Common Law Procedure in a great degree, founded upon preceding leAct," &c. London: V. & R. Stevens, gislation, and linked with existing jurisdictions, and G. S. Norton. 1853. Pp. 176. DURING the progress of the Charitable Trusts Bill through Parliament, and since it received the Royal Assent, we have laid before our readers various suggestions and observations which appeared to us deserving of consideration; and, whilst we are willing to notice any publications on the scope and operation of the Act, we cannot at present enter at large on the changes which it has effected in the future administration of trusts, and the important branch of Law relating thereto. the elucidation of which appeared its most obvious illustration, and, coupled with an explanation of its own provisions, best calculated to exhibit its subject-matter and its scope." Mr. Finlason thus sums up the scope of the Statute : "The measure establishes a domestic forum, to attain the same results as the visitatorial system, founded on the principle of that system of supervision, to which charitable and religious trusts, in ancient times, were universally and exclusively subject. It is designed as a substitute for the admirable measure of Sir Francis Moore, and embraces in its ample It contains (so to speak) in solution the subscope the purview of the Act of Sir S. Romilly. stance of other more recent and most important measures, such as the Irish Bequest Act and the Dissenters' Trust Act: it places in the hands of the Charitable Board, on the one "Ten centuries have passed since the ancient hand, many of the high functions of the Attor Mr. Finlason, in the work before us, thus describes (with some pomp and magnificence) the early history of charitable trusts: institutions which form the basis of our modern charitable trusts were founded. Five hundred years have elapsed since the fundamental principle upon which such trusts should be administered-a sacred adherence to the ney-General; and, on the other, all the powers will of the donor-was laid down, in the age of our Edwards. Three hundred years ago a most admirable and valuable measure-the The Volume commences with an Essay Act of Elizabeth-passed, for the due enforc- on the History of Charitable Trusts and ing of that principle, and the redress of frauds the Laws relating thereto, occupying 100 and breaches of trusts.' A century has rolled by since that Act, by reason of altered circum- pages. The Act is then set forth in exstances and change of national character, be- tenso, accompanied with full notes and came obsolete. It is half a century since some many valuable annotations. An Appendix of the first of our lawyers and the greatest of follows, containing Precedents of Schemes our statesmen began to labour for the same of Charities settled in Chancery. great object which had tasked the talents of Coke, of Bacon, and of Moore: and the names of Romilly and Brougham were associated with the earliest attempts of our modern age, to secure a due administration of charitable trusts." THE LAW-CONFOUNDING SOCIETY. To the Editor of the Legal Observer. MR. EDITOR,-Having turned the edge of my sharpest razors in endeavouring to cut blocks pervious only to a mallet or a tomahawk, I am reduced to the necessity of re"It is near seven years since the great mind sorting to those conclusive, if not convincing, The Author then passes on to very recent times in the following rather elevated style : And thus the rasa tabula will be restored, and a wet sponge happily applied to the entire mass of insolvent legislation, and by possibility some simple but effectual remedy be applied, while at all events there is some satisfaction in knowing, that any change whatsoever must be an improvement on the existing complicated, conflicting, and expensive machinery, and its staff of placemen and pensioners. weapons, in carrying on my renewed contro- terms Bankruptcy and Insolvency, to deterversy with the Law-Confounding Society. mine their application, and to devise means for And this, perhaps, may be the last time that carrying out the only useful practical result, I may have to address myself to them by that required by the trading public, namely, as cheap name, it being understood that they are about and expeditious a division among the creditors soliciting a Royal Charter of Incorporation, in as was effected by the Act of Elizabeth. which to be designated by the less dignified, but more appropriate and characteristic style or firm of "The Right Worshipful Company of Tinkers." By which charter their existing President will be constituted their Grand or first Master, as indeed he will be virtually their last, as it is to be earnestly hoped that he will not in any such capacity have a successor. Should any unhappy casualty befal him, all breath would instantly depart from the nostrils of the corporation; for, in this instance, contrary to the more frequent acceptation, the individual is himself legion,-while the poor creatures constituting his component parts, or the pseudolegion would, on his demise, subside into their native nothingness, and ne'er resume their dirty work again. As in duty bound, we must wait for the Report of the Commissioners, in the hope that it may prove something very different from those special reports with which the Legal Profession have been hitherto favoured, their value being exactly coincident with their weight. On the appearance of the anticipated Blue Book, I may have to address you once My present battle field is the large and in- more. In the mean time I conclude with recreasing area of Bankruptcy and Insolvency,-lating a singular incident which befell the prothe Laws of which, and the tinkering whereof, spective Master of the Worshipful Company have occupied the mighty master's mind during adverted to, and which, I believe, is altogether the last quarter of a century. For upwards of unprecedented in the annals of English Juristwo hundred years, the commercial public of prudence, that of his having with wonted inthis great commercial country were content genuity prevailed on Parliament to pass an Act with the Act of Queen Elizabeth slightly ex- for simplifying conveyances, and yet, with all tended. In 1825, the first great change took his ingenuity, being unable to prevail on any place by an Act which was so hurried as to be human being in or out of the Profession to avowedly imperfect when the Royal Assent was adopt the proposed expedient. The measure given to it on the last day of the Session. Of being universally ignored, fell still-born from course, amending" Acts came thick and the table to the floor of Parliament, and if the threefold in every succeeding Session, and it wholesome Scotch doctrine of desuetude, were so happened that one of such Acts, like its first in force in England, the operation of the Act parent, received the Royal Assent on the last would be now altogether precluded; but alday of one Session, and on the first day of the though we have no such caput mortuum pronext a Bill was brought in for its repeal. It cess, there is no apprehension of the revival of would be useless, if not ludicrous, to give the the Act; its absurdity, and impracticability, particulars of these successive changes. Suf- constituting our sufficient protection from any fice it to observe, that during the 25 years in such mischievous interference with our titles to question, 44 Acts in Bankruptcy and Insol- what we might have considered our land until vency have been passed, each in its turn being the passing of the Succession Bill. I am, pronounced by the mover as the perfection of Your obedient servant, legislation. M. M. M. 66 Sir, Athenæum, Nov. 1853. And yet, marvellous to relate, it appears that P. S.-I grieve to my heart's core to have we are all at sea again, with no one professed had occasion so slightingly to advert to object attained, and still everything to learn, a distinguished individual, who, having for behold her Majesty has been advised to earned a transcendant name, and possessed of issue a Royal Commission, authorising certain towering talent, now rendered venerable, learned gentlemen (of course barristers of seven though unimpaired, by age, should by evil years' standing!) to define the meanings of the companionship have incurred in equal measure 28 The Law-Confounding Society.-Lectures at the Inns of Court. the pity and regret of the wise and good of his own Profession, with much abatement of confidence on the part of the judicious Public. Those engaged in this maze of confusing labour are, for the most part, a class of needy professional adventurers, who, incapable of rising by brilliant talent or plodding industry to any honourable standing in the Law, have recourse to a system of. vulgar agitation by pandering to the ignorance of the Public, and at the same time are themselves occupied in soliciting offices and commissionerships under Government, in very despair of ever earning an independent position in their own Profession. M. M. M. LECTURES AT THE INNS OF COURT. Constitutional Law and Legal History. THE Public Lectures to be delivered by the Reader on Constitutional Law and Legal History, during Michaelmas Term, 1853, will embrace the following subjects: The Influence of the Canon and Civil Law on our Institutions and Courts of Justice-The Genius of the Feudal Law, and its Character in this Country and in France-The Changes in the Tenure of the Landed Property in England before the Accession of the House of TudorThe Progress of Jurisprudence in Europe-The Changes in the Constitution during the Tudor Dynasty-The Conduct of Parliament and the Character of the Proceedings of the Courts of Justice, from the Accession of James the First to the breaking out of the Civil War. In his Private Lectures the Reader will follow the same course, dwelling chiefly on our Domestic History and the Progress of Constitutional Principle and Legal Knowledge, as indicated by the Statute Book and the proceedings of our Courts of Justice. the Chancellor as sole Judge in Equity established. 2. Principles on which the Equitable Jurisdiction was established-Their early recognition-Reference to Conscience and the rules of the Casuists-The Clerical Chancellors-History of the Court since the Reformation-Subjects of Equitable Jurisdiction. 3. The Great Seal of England-Its Custody The Privy Seal, Signet, and Sign-manualThe Court of Requests--The Star ChamberPrivy Council-Common Law side of the Court of Chancery-Jurisdiction of the Chancellor over Lunatics and Infants-Appeal from the Chancellor to the House of Lords. 4. Procedure in Chancery-Suit commenced by Writ of Scire facias-By Writ of Subpoena -English Bill-Process to compel Appearance - Recent Alterations in the Process-Defence by Demurrer-By Plea. 5. Relation of Pleadings in Equity to Pleadings at Common Law-Interrogatories-Practice of compelling a Defendant to answer on OathHow far sanctioned by the Civil Law-Setting down a Cause on Bill and Answer-Mode of taking Evidence in Chancery-The HearingAdjournment to Chambers-Office of Master in Chancery-Its Abolition. 6. Nature of the relief afforded in Chancery Judgments at Common Law-How far the Court of Chancery acts in rem-Specific performance of an agreement-Injunction-Powers of the Court under Statutes. : In addition to the Public Lectures, it is proposed that two Classes shall be formed, as during the preceding Terms, for the study of the Principles and Practice adopted by Courts of Equity each Class to meet for one hour three times a week-The Junior Class will read Smith's Manual of Equity Jurisprudence, and Mitford's Pleadings in Chancery-The Senior Class will read Story's Commentaries on Equity Jurisprudence, the 2nd vol. of White and Tudor's Leading Cases, commencing with Howe The Reader on Constitutional Law and Le-v. Earl of Dartmouth; Mitford's Pleadings gal History will deliver his Public Lectures at in Chancery, and Wigram's Points in the Law Lincoln's Inn Hall, on Wednesday in each of Discovery. Each Student will be expected, week during the Educational Term commencing in the intervals between the meeting of the The Reader will receive his Pri- Clase, to peruse portions of these and other vate Classes on Tuesday, Thursday, and Satur- works pointed out by the Reader, and to be day morning in each week, from half-past Nine prepared, at the ensuing meeting of the class, to half-past Eleven o'clock, in the Bencher's to answer and discuss questions arising out of the subjects of their reading. Reading Room, at Lincoln's Inn Hall. at Two P.M. Equity. The Reader on Equity proposes to give during the ensuing Educational Term, Six Public Lectures on the History of the Court of Chancery; its Procedure, and Relation to the Courts of Common Law. 1. Judicial System of the Anglo-SaxonsImportant Alterations effected on the Norman Conquest-The Aula Regia-The System of Writs-The Cancellarius-Establishment of the Superior Common Law Courts-The Chancellor of the Exchequer-Influence of the Civil Law-The Court of Parliament-Authority of The Reader on Equity will deliver his Public Lectures at Lincoln's Inn Hall, on Thursday in each week during the Educational Term, commencing at Two o'clock P.M.-The Reader will receive his Private Classes on Monday, Wednesday, and Friday evenings. in each week, from seven to nine o'clock, in the Bencher's Reading Room, at Lincoln's Inn Hall. Law of Real Property, &c. The Reader on the Law of Real Property, &c., proposes to deliver, in the ensuing Educational Term, a Course of Six Public Lectures on the Power of Testamentary Disposition, and the Construction of Wills. Lectures at the Inns of Court. 3. The Estate taken by Trustees under a Devise; sect. 30-31. 4. Lapse; sect. 32-33. The Lectures to be delivered to the Private Classes, will comprise the following subjects:With the Senior Class, the text of Sudgen on Powers will form the basis of the Lectures; and the latest decisions, illustrating the principles there laid down, will be examined and commented on. With the Junior Class, the effect of recent Legislation upon the Practice of Conveyancing, with reference to the framing of Purchase and Mortgage Deeds, will be dis cussed. The Public Lectures will be delivered in Jurisprudence and the Civil Law. On General or Scientific Jurisprudence On some of the primary technical terms of Legal Science-On the relation of Law to Moral Philosophy-On the Jus Gentium of the Roman Jurists, and on some Modern Theories of Natural Law-On the Sources of the Roman Civil Law and the Composition of the Corpus Juris-On the Relation of the Roman Civil Law to General Jurisprudence-On the Order and Connection of the Departments of Law, and on the Systems of Classification adopted by certain Modern Jurists. With his Private Class, the Reader will proceed regularly through the principal heads of Roman Law, following the order of topics observed in the Institutional Treatise of Gaius. The modern commentaries principally employed will be the Institutiones and Commentarii Juris Romani Privati of Warnkönig, the Pandekten of Puchta, and the Institutes Nouvellement Expliquées of Ducaurroy. The following works will also be incidentally referred to, and portions of them recommended for perusal :-Dumont's Bentham, Austin's "Province of Jurisprudence determined," the 29 Esprit des Lois, the Droit Civil of Toullier, the Doctrina Juris Philosophica of Warnkönig, the Histoire du Droit of Herminier, the Innere Geschichte des Romischen Rechts and the Aeussere Geschichte des R. R. of Tigerstrom, the Explication Droit International Privé of Fælix, and Story's "Conflict of Laws." The Public Lectures will be delivered in the Hall of the Middle Temple, on Tuesday in each week, at Two P.M. The Private Classes will assemble at the Class-room, in Garden Court, on every Moncational Term, at half-past Nine A.M. day, Wednesday, and Friday, during the Edu Common Law. The Reader on Common Law proposes to deliver during the Educational Term, commencing the 1st Nov. 1853, Six Public Lectures of a general character, intended as introductory to those of the succeeding Terms. The Subjects to be treated of in this Six Lectures will be as under : of the Law, and the mode in which that study I. On the advantages derivable from a study should be pursued. The leading branches of our Common Law deII. Law, how distinguished from Equity. fined and characterised. of each of the Three Superior Courts of ComIII. The Origin, History and Jurisdiction mon Law. IV. Of Legal Rights and Remedies gene rally. Courts. VI. Jurisdiction of, and mode of Procedure in the County Courts. With the Private Class the Reader on Common Law will consider in detail the subjects comprised in the three latter Lectures of the above Course. of Legal Rights and Remedies, and into the reHe will inquire into the nature spective Jurisdictions of the Superior and County Courts. The books to be used with the Private Class will be the following-Blackstone's (or Stephen's) Comm. vol. 1, Introduction, sects. 2 and 3. Vol. 3, book 5, chap. 7, and those portions of chap. 8 which concern purely Personal Rights and Actions. Smith's Leading Cases, and any recent Treatise on the Law and Practice of the County Courts. The Lectures on Common Law during the Classes will meet in the Hall of the Inner ensuing Term will be delivered and the Private Temple as under: at Two P.M.; the first Lecture to be delivered and Saturday in each week, from a quarter to |