290 Representation of the Inns of Court.-The Site of the New Courts of Law and Equity. misled, upon such subjects, by professional Court, although the larger proportion of the men of limited experience and superficial members of the Inns known as the Inns of views. The importance of the suggestion, Chancery consists of Attorneys and Soliciand its practical application with reference tors. No practical difficulty, we apprehend, to the present constitution of the House of Commons, is too obvious to require further argument. THE SITE OF THE NEW COURTS would arise from confining admission to the Inns of Chancery to those who are admitted upon the Register of Attorneys and SoIn the present stage, we are chiefly de- licitors, and in this manner an electoral sirous of impressing upon such of our constituency might be formed numerically readers as concur in thinking that the pri- large, and not exceeded in intelligence, vilege of direct representation in Parliament knowledge of constitutional principles, and would be beneficial to the Profession, that devotion to the established institutions of much remains to be done to secure that the country, by any in the empire. It object, and to render it really valuable to the would be premature further to discuss this Legal Profession taken as a whole. With- part of the question, until the intentions of out underrating the influence of the Govern- her Majesty's Government, as to the basis ment, or insinuating a doubt as to the bona of the proposed constituency, has been disfides of the proposition submitted to Parlia- tinctly and accurately ascertained. Our ment in respect of the representation of the earnest hope is, that no narrow jealousies Inns of Court, it is not too much to say, will be allowed to interfere, but that the that to carry such a proposition against the question may be discussed, both in public prejudices of a large section of the sup- and private, in a liberal and temperate porters of the Government in Parliament, spirit, with no other view than the common Ministers will require to be supported and good, and that the new representatives for fortified from without. Leaving to mem- the Inns of Court, when elected, may be bers at both sides of the House, the unfet- actually, as well as virtually, the repretered exercise of discretion in dealing with sentatives of every branch of the Legal other parts of the ministerial scheme, the Profession. friends of the Legal Profession should be solicited to give effect to the earnest wishes of their professional constituents, so far as regards this part of the new Reform Bill. If a feeling of lukewarmness or indifference is exhibited by those to whom this boon is AN able pamphlet by "An Old Law Remore particularly offered, let our readers former," the author of "Considerations on not be surprised to find, that before the Ecclesiastical Courts Reform," has just been Bill passes through a Committee of the published, with the title of "Where shall House of Commons, the two seats allotted the New Law Courts be built?" The to the Inns of Court have been transferred owners of the houses in Lincoln's Inn to more urgent claimants. To prevent such Fields have an eloquent and zealous advoa result, it is indispensable that the Legal cate in the writer whose argument in favour Profession should be united. To insure of Lincoln's Inn Fields is now before us. unanimity it is requisite, in the first in- We have no doubt whatever of the sincerity stance, to be satisfied that every portion of of the "Old Law Reformer;" he is advothe Legal Profession will derive proportion- cating the choice of a site which, no doubt, ate benefit from the proposed arrangement. he honestly deems the best for the general We have not yet had an opportunity of good. Nevertheless, we are convinced that perusing Lord John Russell's Bill, and are he is altogether mistaken. He agrees with not, therefore, prepared to state, whether the promoters of the measure, that the the constituency it is intended should re- erection of a building for all the Courts of turn the two members for the Inns of Law and Equity, has become a work of abCourts, comprehends the whole Profession, solute necessity, not to be delayed; and we or only a fraction of it. The Government agree with him, that it is of the first conand the House of Commons must be made cern that the Courts should be placed in aware, and that without any unnecessary the most favourable position for the admidelay, that the Attorneys and Solicitors, nistration of justice in this vast metropolis. who constitute the great majority of the Our Law Reformer starts with the proLegal Profession, are not now, though they position, "that the Courts demand ample were formerly, members of the Four Inns which are distinguished as the Inns of Published by Day, Carey Street. The Site of the New Courts of Law and Equity. 291 space, quietude, air, light, and convenient ness. Temple Bar, with two great arches, access for foot-passengers and carriages." might divide the stream of carriages, one Granted. The site between the Strand and proceeding eastward, the other westward.* Carey Street, uniting three out of four of Objection has been made to the inconthe Great Inns of Court-extending from venience of mounting the proposed bridge the two Temples to Lincoln's Inn-sufficiently meets all these requirements. 1. It has or may have equal space to the site of Lincoln's Inn Fields. The whole area of eight acres may be taken, either now or at a future time. It is proposed only to grant building leases in order to diminish the first outlay. The ground would be hereafter available, though, we think, "ample space is already marked out.2 on one side, and decending on the other. It is absurdly assumed that this will be the only, or the chief, access, but it is suggested merely to save the inconvenient scramble which frequently now occurs in crossing from the Temple to Chancery Lane. We suppose when the Courts are erected, that it will be in the power of the Practitioners in the Temple to remain in their chambers and offices until their 2. With regard to quietude, it may be clerks inform them they are wanted in admitted that the present secluded state of Court. They will then conveniently cross Lincoln's Inn Fields is greater than that the covered arch, instead of waiting in bad of the Strand in its present condition; but weather till they can rush successfully bein the Law Society's Plan it is proposed to tween the passing carriages. Surely this widen the Strand to 100 feet. A consider-will be far preferable to a walk in wig and able space will, of course, be allowed for gown as far as Lincoln's Inn Fields. The the foot pavement. A very broad road "Old Reformer," indeed, partly falls into may be so constructed as greatly to di- the plan in another part of his pamphlet, minish the usual noise which prevails in for he would have a sort of legal arcade all narrow ill-paved streets. The Courts may the way from the Temple to the shrubbery be placed on the first floor, somewhat in in the Fields ! the interior of the building, and lighted The " repose " of the Lincoln's Inn from above with glass of sufficient thick- Fields site is lauded with great enthusiasm. ness. The principal Courts, indeed, may Objection is made to a carriage-opening in be almost as far from the thoroughfare of continuation of Serle Street, through Turnthe Strand as the Courts of Chancery are stile, which, it is said, will disturb the sefrom the omnibus traffic of Chancery Lane. renity of the great Tulkinghorns; but We have heard, indeed, that it has been along this, the eastern side of the quadproposed, by no mean authority, to place rangle, there are no chambers of lawthe three Vice-Chancellor's Courts in a yers, but a dead wall; and, inconsistently building still nearer to Chancery Lane, where it would be scarcely possible to avoid the incessant noise of numerous carriages.3 3. Air and light may surely be obtained in the midst of eight acres of ground, with a street of 100 feet on one side, 60 or more if necessary, on another, and flanked by lateral streets of 30 or 40 feet! enough, when the present noble garden is proposed to be despoiled for the sake of the new building, then by way of compensation for taking three acres of open space, new passages are to be made into this large metropolitan "Lung:" all the Turnstiles are to be made streets, and salubrious currents of air let in from divers avenuesnorth, west, and south. Where, then, will be the quietude, the repose, and seclusion, which the trustees and owners of the quadrangle profess to hold in such high estimation? 4. Convenient access to the Courts will clearly be far better secured on the Strand site than that of the Fields of Lincoln's Inn. The edifice will be in the very centre of the Metropolis, in the direct way from the In answer to the claim made on the part Houses of Parliament to the City of Lon- of the public for the preservation of their don, the Royal Exchange, the Bank of unrivalled space of 11 or 12 acres in the England, the India House, and all the heart of the metropolis, according to the other great resorts of Metropolitan busi * See the Plan of the Site and of the Inns of Court and Chancery and the whole Law District in the Legal Observer of 8th May, 1852. 3 The side streets on the east and west might be closed during the sittings of the Courts. trust on which the ground is held, we are told for the first time that the square is badly drained, and that the decay of the To remove the difficulty to foot passengers of crossing a broad street, a safe resting place on each side of the pier of the arches might be provided. 292 The Site of the New Courts of Law and Equity.-Ecclesiastical Courts' Reform. leaves and flowers of the garden and the damp of the land are very prejudicial to the health of the inhabitants. If this be so, let the trustees do their duty, construct sufficient drains, and employ a sufficient number of poor labourers to clear away the fallen leaves and other decaying vegetable matter, and let the gardeners keep the trees and underwood in healthy order; and the sooner the better, let new avenues be opened to give those "rapid draughts of air to dry and purify the ground" which exist in the other squares and open spaces in the metropolis. chasing at any price." We heartily agree in this wise and liberal view. The edifice is to be raised for many future generations; it is to form the Great Palace or Hall of Justice of the whole kingdom, and we firmly believe that, but for the warlike preparations now in progress, the whole nation would be willing to charge the Consolidated Fund with 30,000l. a year for the interest of a million of money, in order to effect this important and necessary measure. The unclaimed and unclaimable surplus interest in the Court of Chancery will, however, render a call upon the Treasury unnecesConsider also the public advantage of re- sary, and therefore we may confidently moving a wretched and most unhealthy hope that no time will be lost in bringing collection of the narrow lanes, courts, and in the Bill. passages, which lie between Chancery Lane and New Inn and Clement's Inn. It is indeed universally admitted, that no greater improvement could be effected in the metro ECCLESIASTICAL COURTS' REFORM. ING PROBATES AND ADMINISTRATIONS polis than the new streets proposed in con- REASONS FOR TRANSFERRING THE GRANTnexion with the new Courts. The narrow passage at Temple Bar is the subject of great complaint, and avenues are urgently demanded from Fleet Street and the Strand to Holborn. [From a Correspondent.] The apprehension that the chambers THE new Court of Probate would not proposed to abut east and west on the new have sufficient business to occupy its time. Courts will injure the chambers in Lincoln's The Prerogative Court has not hitherto sat Inn Fields, appears to be an excess of more than 20 days in the year, and the anxiety on the part of the worthy pro- number of contested wills have not been prietors. The concentration of all the more than 40, and the number of motions Courts and all the Offices of Law and not more than 250 in the year.2 Equity-constituting a great mart for all The Master of the Rolls and the three kinds of legal business cannot fail to Vice-Chancellors, in 1850, the earliest bring within its neighbourhood, not only period to which the printed volumes exa far larger number of lawyers of the vari- tend,3 made 8,306 special orders and deous departments of the Profession; but, crees,-viz., on motions, 3,096; on pealong with these, a corresponding increase titions, 3,724; on the hearing of causes, of auxiliaries:-law booksellers, law sta- 1,263; pleas and demurrers, 63; claims, tioners, &c., &c. We believe, indeed, that 160-Total, 8,306. Averaging upwards the Attorneys and Solicitors, instead of of 2,000 for each Judge. being scattered, as they are, in various parts of the metropolis, will gradually congregate in the Law District; and as the Advocates and Proctors of Doctors' Commons have succeeded in bringing within their own precincts all who have any business in the Ecclesiastical Courts, so the Superior Courts of Law and Equity, when brought into one central locality, will induce their clients to resort to that legal region and greatly facilitate the transaction of business. It is creditable to our Law Reformer that he puts the issue of the question of site upon no petty ground of parsimony. The cost," he says, "should not be too nicely scanned the best site is worth pur The district registrar would have but little occupation, as the wills proved and administrations granted in Courts other than the Prerogative Court in 1852 were 15,393, or three-fifths of the whole, which amounted to 25,771.4 It is proposed to appoint 27 district registrars (see page 43), so that each would have less than one thousand wills or administrations, or about three per diem. The expense, also, of obtaining probate or administration will also be considerable, nistrations should be established in London, and not less than the present amount, as consisting of three registrars, six assistant rethe executor or administrator will have to gistrars, and the requisite force of clerks. The employ a solicitor residing near him, and persons to be first appointed should be selected this solicitor must employ an agent at the Commons, and any vacancies to be filled up from the present effective officers in Doctors' town where the registrar resides, and as by appointing the senior assistant clerks, if the probates and administrations under deemed competent by the Lord Chancellor, 4501. form half the number granted, it is and any vacancy among the assistant-registrars obvious that the expense will fall on the should be filled up during the next seven years class of persons who can least afford to bear by any proctor, and after that period by a soit, and to whom a few pounds is a great licitor, to be appointed by the Lord Chancellor, object. but whose age at the time of appointment should not exceed 30. The clerks should be appointed by the registrars, with the approbation of the Lord Chancellor. The effect of granting exclusive privilege to the proctors for an unlimited period will ultimately be found to constitute a similar monopoly to that now existing, and create an obstacle to further reform similar to that of the late Six Clerks' Office. The present proctors, both in town and country, are in a different situation to the clerks in Court in the late Six Clerks' Office, inasmuch as the former are not, like the latter, limited to a specific number, and consequently are not legally entitled to claim compensation more than were the London attorneys on the establishment of the County Courts. There would, however, be no objection on the part of the public or the solicitors to the proctors being entitled to practice in London, so far as proving wills and obtaining administration in common form, exclusive of the solicitors, for a period of seven years, and at the expiration of that period, proctors then practising to be admitted on the roll of solicitors. In the meantime, and even afterwards, they would probably, from their local connexion, become the regularly employed agents of the country, and, perhaps, many of the town, solicitors, in matters relating to proving wills and administration. SUGGESTED SCHEME. 1. Transfer the duties of the Judges of the Prerogative and other Courts, so far as relates to granting probates and administration, to the Court of Chancery, and in case the present force of Judges be insufficient to take the additional duties, appoint an additional ViceChancellor with staff of registrars and chief clerks for Chambers, and the probate and administration business to be taken by the Master of the Rolls and Vice-Chancellors indiscriminately. The Chamber business is on the increase, and more force than is at present provided will be required, or the proceedings will be delayed to the prejudice of the suitors. 2. An office for granting probates and admi S Answer 233. The wills and administrations amount to about 26,000 per annum, so that with a staff of three registrars, six assistant-registrars, and 12 clerks, and assuming that each officer was in attendance for 250 days in a year, there could be no difficulty in getting through the wills and administrations per day. business, there being no more than about 100 3. The establishment might be divided into three departments, and in each department one registrar, two assistant-registrars, and four clerks. The clerks would transact all the ordinary business, under the superintendence of the respective assistant-registrars, and the assistant-registrars would, under the superintendence and direction of their respective chiefregistrars, dispose of cases of a special nature. The chief-registrars, or two of them at least, would meet daily, and decide all questions involving the refusal of probate or grant of administration, and proctors or solicitors would be heard by them." 4. An appeal from the registrars' decisions would lie to the Master of the Rolls, or one of the Vice-Chancellors and the registrars would certify briefly the grounds of their decision. The appeals would be brought on by summons, and heard either in Chambers or in Court, at the discretion of the Judge who should be at liberty to direct any question to be decided by a jury; but when the property in question was under 500l. it might be referred to the County Court. The County Court Judge, or Judge of the Superior Court, should be empowered to change the venue or grant a new trial, but the result should not be conclusive on the Equity Judge. 5. When the property did not exceed 5007. per annum, the duties suggested to be performed by the district registrars should be entrusted to the clerk of the County Court for each district (except within 10 miles of Lincoln's Inn Hall). The wills and administrations under 5007. are about 13,000 annually, and the County Court districts beyond 10 miles are about 480, so that there would be less than 30 cases, or not quite one per week for each clerk. 294 Review.-Notes in Equity Practice.-Points in Common Law Practice. NOTICES OF NEW BOOKS. The Lunacy Regulation Act (1853), and the General Orders in Lunacy; with an Introduction and copious Index. (Forming a Supplement to the "Outlines of the Practice in Lunacy. By JOSEPH ELMER, of the Office of the Masters in Lunacy. London: Stevens & Norton. Pp. 150. Modern Demonology and Divination; Elements of Psychological Medicine; on the Hygiene of Crime; General Paralysis Pilgrimage of Thought; the Manchester of the Insane; Logic and Psychology; the Royal Lunatic Asylum; Professor Valentin's Physiology; on the Religious Instruc No. 1. "On the Psychological Vocation of tion of the Insane; the Lettsonian Lectures. the Physician," by the Editor; the Nonrestraint System; Statistics of Insanity by Sir Alexander Morrison, M.D.; upon the Morbid Desire to Kill; Miscellaneous MR. ELMER, in his Introduction, notices ably and concisely the changes effected in the Law and Practice in Lunacy by the re-notices. cent Act and Orders, and then proceeds to give in extenso the Regulation Act (16 & 17 Vict. c. 70), and the General Orders of Nov. 7, 1853. There is also added a full and carefully compiled Index of 66 pages, which affords easy reference to the Act and Orders. POINTS IN EQUITY PRACTICE. APPEAL FROM ORDER ON CLAIM. — RIGHT TO BEGIN. HELD by the Court of Appeal, that where an appeal on a defendant's behalf is from the whole order made upon a claim, the plaintiff is Unsoundness of Mind considered in relation entitled to begin, in analogy to the practice in to the Question of Responsibility for Criminal Acts. By SAMUEL KNAGGS, MN. & G. 18. a cause appeal. Neathway v. Read, 3 De G., M.R.S., London, Licentiate of Apothe-MN. & G. 18. caries' Company. London: Churchill. In a previous case, Sims v. Helling, 2 De G., 1854. Pp. 96. THE learned Author divides his treatise M'N. & G. 291, a similar direction was given. MENTS BEING FORGED.-PRODUCTION TO into the following chapters:-1. Introduc- CREDITOR'S SUIT.-ALLEGATION OF DOCUtion; 2. On mind, sound and unsound; 3. Punishment in reference to crime and lunacy; 4. Unsound mind as a responsible condition; 5. Unsound mind as an irresponsible condition; and 6. Recapitulation -Practical suggestions-Conclusion. We heartily recommend a perusal of this essay to all those who, like its Author, hope that "such interest may be kindled, as shall lead to the introduction of measures to ensure to crime its more certain punishment, to the helpless madman more certain protection, and the preservation of the honour and peace of those families who have the great misfortune to enrol amongst their members that human being infinitely to be pitied-the criminal lunatic." The Journal of Psychological Medicine and THE part now before us contains articles on the following subjects, alike interesting to the criminal lawyer, the philosopher, and to the philanthrophist : A creditor supported his claim at Chambers on a reference in an administration suit, by the production of five documents, a list of which he afterwards scheduled on his examination. An order was made on the motion of the plaintiff, who believed such documents to be forged, for their deposit with the chief clerk, and for liberty to have them produced for examination by scientific persons, for the purpose of testing their genuineness- the creditor's solicitor to be present at such examination. Groves v. Groves, 1 Kay, xix. POINTS IN COMMON LAW DECLARING WITHIN A YEAR.-SERVICE OF A WRIT of summons was issued in April, 1852, and was served in the August following, and on November 13, an appearance was entered for the defendant, sec. stat., and the declaration was filed, according to the old practice, but notice of declaration was not served on the defendant until November 12, |