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the establishment of a good Court of Appeal, are the remedies suggested by us in our last volume,' and we adhere to them. Lord Langdale is expected to bring forward some scheme or other, but, judging from his speech in opposition to the Chancellor's Bill of last Session, we fear that it will partake a little too largely of the doctrinaire principle to go down with either House; and the Lord Chancellor will probably make another effort, but his Lordship does not shine as a legislator, however he may shine (and we are assured that he is shining very brilliantly) as a judge. Lord Brougham, of course, will have a finger in the pie, let who will have the making or baking of it; but we incline to think that he will find himself more than ever overcrowed (to borrow a word from Spenser) by Lord Lyndhurst, whose splendid displays of eloquence and statesmanship have placed him in a higher and prouder position amongst the hereditary peerage of the land than was ever occupied by lawyer before. Nay, it may well be doubted whether Thurlow or Eldon, in the fulness of his power, ever exercised the influence (in other points there is no pretence for a comparison) to which Lord Lyndhurst, by the simple and almost careless exertion of unaided talent, has attained.

It seems clear that the Attorney-General's Bill for the alteration of the Law of Debtor and Creditor will be brought forward early in the ensuing session, and we beg leave once more to call attention to the great importance of the changes it proposes to effect, far greater than could possibly be suspected from the title or preamble of the Bill. A Local Court Bill is also threatened, and it is rumoured that the General Register Bill will be revived; but there is little chance of either of these Bills succeeding for some time to come. The Select Committee on Controverted Elections have reported in favour of Mr. Charles Buller's plan (mentioned in a former number) in its leading features-namely, that every Election Committee shall consist of five members only, and that one of three barristers (to be appointed at the commencement of each Session by the Speaker) of not less than seven years standing, shall preside. Without entering further into details at present, we may venture to say that this description of tribunal is far preferable to Election Committees on the present system, whose decisions have generally depended on the respective strength of the Reform and Conservative parties in the

room.

So far as the Prisoners' Counsel Bill has been tried, it has produced pretty nearly the effects which we anticipated from it. The time required for the trial of prisoners has been most inconveniently increased, and the additional expense is beginning to press itself upon the attention of the classes on whom it has been entailed. We understand that some valuable Chairmen of Sessions have resigned, or are about to resign, in consequence of the trouble and annoyance occasioned them by the measure. We see that Mr. Ewart proposes to amend the Bill by giving the

last word to the accused.

The third examination of applicants for admission as Attorneys of the Courts of Common Law took place in the Hall of the Incorporated Law Society, on the 23d of January. The acting Examiners in rotation were, Mr. Collett, one of the Masters of the Court of Exchequer, who proposed the questions in Common and Statute Law, and in the practice of the Common Law Courts; Mr. Tooke, M.P.,— in Equity and the practice of the Equity Courts ; Mr. R. White,—in Conveyancing; Mr. Wilde, in Bankruptcy; and Mr. Sweet, in Criminal Law. tions in each department were proposed to each candidate. These were delivered

Fifteen ques

1 Vol. xvi. (No. xxxiii.), p. 1-22.

VOL. XVII.

in the Hall and required to be answered in writing before leaving it, no means of communication or reference being allowed. The number of applicants was 126; they assembled in the Hall at ten o'clock precisely, and handed in their answers to the Examiners successively, until between four and five in the afternoon. The Examiners were engaged until eleven o'clock that night, and the whole of the next day, in considering the sufficiency of the answers, and concluded their labours on Wednesday morning, by granting certificates for admission to 119 of the candidates. As the excellent system now adopted came rather by surprise on young gentlemen who had been articled and served the greater portion of their time in no expectation of any examination whatever, it was considered but just to evince much indulgence; and accordingly, on the two former examinations, all who had applied were allowed to pass. On this occasion seven only have been refused certificates; but it is understood that in future greater strictness will be evinced, with a view of gradually raising the standard of diligence and consequent ability amongst a class of men in whose knowledge and integrity the public are so deeply interested.

Mr.Serjeant Goulburn's threatened motion regarding the sinecurists of the Courts, a body of gentlemen not receiving much less, it is said, than £40,000 a year, has occasioned considerable consternation; but we trust he will not forget that fullness of patronage was in the olden time a favourite mode of compensating for deficiency of pay, and that good judges would have been procured with difficulty had not such means of providing for their families been afforded them. Vested rights, therefore, should be carefully reserved.

The Second Poor Law Report affords conclusive testimony that the most unremitting and enlightened exertions have been made by the Commissioners and their Assistants to carry out the principles of the Act, and that those exertions have been almost uniformly attended with success, notwithstanding the many obstacles unavoidably thrown in the way of a measure which interferes with so many interests and runs counter to so many prejudices. Not merely are poor-rates diminished to the amount of 40 per cent. in parishes formed into Unions under the provisions of the Act, but a marked improvement is already discernible in the habits and character of the labouring classes wherever the directions of the Commissioners have been steadily pursued.

A Memoir of Mr. Fonblanque will appear in our next Number.

January 26, 1837.

LIST OF NEW PUBLICATIONS.

AN Index to all the Reported Cases, Statutes, and General Orders, in or relating to the Principles, Pleading, and Practice of Equity and Bankruptcy in the several Courts of Equity in England and Ireland, the Privy Council, and the House of Lords, from the earliest period down to the year 1837. By Edward Chitty, Esq., of Lincoln's Inn, Barrister at Law. The Second Edition. In Four Volumes royal 8vo. Price 51. 5s. boards.

An improved Edition of a valuable book.

The Act for the Commutation of Tithes in England and Wales, with practical Notes and Index. By William Eagle, of the Middle Temple, Esq., Barrister at Law. In 12mo., price 5s. boards.

A Treatise upon the Law respecting Parties to Suits in Equity. By Frederic Calvert, Esq., of the Inner Temple, Barrister at Law. In 8vo., price 14s. boards.

A Work equally good in design and execution. All the authorities bearing upon the subject will be found carefully collected and collated in this book.

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A Digest of the Law relative to Pleading and Evidence in Civil Actions. By John F. Archbold, Esq., Barrister at Law. Second Edition. In 12mo., price 16s. boards.

An Act for Marriages in England, 6 & 7 Will. 4, c. 85, and an Act for Registering Births, Deaths, and Marriages, in England, 6 & 7 Will. 4, c. 86, with a practical Arrangement of their Provisions, Notes, Forms, the Registrar General's Circulars, and a copious Index, adapted to the Use of all Persons. By Richard Matthews, Esq., of the Middle Temple, Barrister at Law. In 12mo., price 6s.

boards.

The Tithe Commutation Act, with practical and explanatory Notes, and an Introduction, containing a practical Plan for the voluntary Commutation of Tithes, founded upon the Provisions of the Act, and an Appendix, of the Forms settled by the Commissioners, and other Forms. By S. R. Bosanquet, Esq., Barrister at Law. In 12mo., price 6s. 6d. boards.

Addenda to the Analytical Digest of all the Reported Cases determined in the House of Lords; the Several Courts of Common Law, in Banc and at Nisi Prius; and the Court of Bankruptcy; and also the Crown Cases reserved, from Michaelmas Term, 1834, to Easter Term, 1836; together with a full Selection of Equity Cases, and the MS. Cases from the best Modern Treatises not elsewhere reported. By S. B. Harrison, Esq., of the Middle Temple, Barrister at Law. In 8vo., price 14s, boards.

All Mr. Harrison's publications are useful, but it is still to be regretted that he does not afford himself a little more time for compiling them.

The Law relating to Railway, Bank, Insurance, Mining, and other Joint Stock Companies, with an Appendix, containing Statutes, Cases at Law and in Equity, Resolutions of the Houses of Parliament as to Railway and other Bills, Forms of Deeds, &c. By C. F. F. Wordsworth, Esq., of the Inner Temple, Barrister at Law. Second Edition. In 12mo., price 14s. boards.

Select Extracts from Blackstone's Commentaries, carefully adapted to the Use of Schools and Young Persons; with a Glossary, Questions, and Notes, and a general Introduction. By Samuel Warren, Esq., F.R.S., of the Inner Temple. In 12mo., price 6s. 6d. boards.

We must be pardoned for suspecting the taste and judgment of any man who thinks that Blackstone can be advantageously abridged for the purposes of legal education. A book like this may serve as an apology for smatterers, but it will be worse than useless to students thoroughly in earnest in their pursuits.

A Treatise on the Municipal Corporation Acts, 5 & 6 Will. 4, c. 76, and 6 & 7 Will. 4, cc. 103, 104, 105, Mandamus, Quo Quarranto, and Criminal Information; with practical Directions for Mayors, Councillors, Borough Justices, Town Clerks, Assessors, Coroners, and Overseers, Forms and Suggestions, for Courts of Record, Watch Committees, levying the Borough and Watch Rates, and Tables of Fees; and an Appendix, containing all the Statutes relating to those subjects. By Archibald John Stephens, Barrister at Law. Second Edition. In Two Volumes 12mo. Price 11. 8s. boards.

The Marriage and Registration Acts, (6 & 7 Will. 4, cc. 85, 86,) with Instructions, Forms, and Practical Directions for the Use of Officiating Ministers, Superintendent Registrars, Registrars, &c. By J. S. Burn, Esq. In 12mo., price 4s. boards.

The Practice of Petty Sessions, comprising all the Proceedings, as well Ministerial as Judicial, before Justices of the Peace out of Sessions; to which is added an Appendix of Practical Forms; designed chiefly for the Use of the Magistracy and Solicitors. By John Stone, Esq., Jun. of Gray's Inn.

A Work of merit and recognized utility; the circulation being already extensive.

LONDON:

C. ROWORTH AND SONS, BELL-YARD,

TEMPLE BAR.

THE LAW MAGAZINE.

ART. I.-TRIAL BY JURY IN CIVIL CAUSES IN SCOTLAND.

A Practical Treatise and Observations on Trial by Jury in Civil Causes, as now incorporated with the Jurisdiction of the Court of Session. By the Right Hon. W. Adam, Lord Chief Commissioner. 8vo. Edinburgh. Thomas Clark.

1836.

THE immediate causes which led to the introduction of Jury Trial in civil cases into Scotland arose out of the defective constitution of the Court of Session in that country, and the immense accumulation of Scottish appeals before the House of Lords. With respect to the first of these evils, we cannot do better than describe them in the words of a very shrewd and able writer in the Edinburgh Review, at the period when the proposed alteration of the system was first canvassed (1806).

"This court consists of fourteen judges and a president, who sit together in one body: but causes do not come before this learned crowd in the first instance. Each of the fourteen sits for a week, by rotation, in the Outer House: and takes cognizance of all the causes which come into the court during that period. If the party against whom he gives judgment be dissatisfied with the decision, he brings it, by petition, under the review of the whole court: which thus sits, our readers will perceive, only as a court of appeal. There are a few cases, indeed, which may be brought before it in the first instance; but these form a very inconsiderable part of its business. Each of the judges, it will also be observed, has thus a double duty to perform: first, to decide, singly, the causes which are brought before him in the Outer House:

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