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CONTENTS OF VOLUME VI.
Law Amendment Act, 306.
148, 181, 196.
ABSTRACTS OF RECENT STATUTES :
ERS, AND INQUIRIES BEFORE THEM:
Metropolitan Offices, 267, 280, 296, 310, Fifth Common Law Report, on Local
Courts, App. Part 2.
Sheriffs’ Regulation and ExchequerOffices, ParliamENTARY RETURNS:
Suitors' Fund in Chancery, 8.
Attorneys' Certificates, 175.
Prisoners for Debt, 243.
Master of the Rolls, 278.
Abolishing Imprisonment for Debt, 108, PARLIAMENTARY Debates :
136, 185, 266, 295, 346, 395, 424, 454, Criminal Law, 76.
Local Courts, 161–172.
Law of Wills, 33.
Common Law Courts, 188, 276, 345, 353, House of Lords, passim.
House of Commons, passim.
New Bills IN PARLIAMENT :
Recent DECISIONS IN ALL THE SUPERIOR
The subjects of the Decisions are stated in the
Misdescription on Sale, 263,
Tithe Suits, 452.
Duty of the Profession on Law Reform,
Clergyman's Charge of Benefice, 227.
STANDING ORDERS OF BOTH HOUSES OP
ISSUES UNDER THE LAW AMENDMENT Act,
415, 452, 494.
ORIGINAL LETTERS OF Mr. Justice BLACK-
Ayrton on Composition Deeds, 355.
Municipal Corporation Commission, 456.
Theobald on the Law Amendment and New Court, Judges' HALL, AND CHAM-
BERS, &c. 11, 106.
LEGAL BIOGRAPHY, 146, 225,321,390, 435.
Injunction, Piracy, 23.
ATTORNEYS TO BE ADMITTED, 24, 41, 349,
360, 375, 399.
NOTES OF THE Week, passim.
QUERIES, vide Index.
Answers to Queries, vide Index.
Manumission of Slaves, 103.
Legal Antiquities, History, Anecdotes,
&c., vide Index.
Rescinding Special Contract, 201.
BANKRUPTCIES SUPERSEDED. See end of
THE PRESENT STATE OF so large a demand on him for the future. The
Lord Chief Baron had good reason in wish
ing that the debate should be deferred unWe find it necessary, as well for our own til the evidence should be printed, as we are sake as that of our readers, occasionally to informed, that it is almost entirely against take a general survey of the existing state the scheme. The fact is, that the Lord of Law Reform. So many measures have been Chancellor is a little unfortunate in this. introduced in the present Session of Parlia- his favourite plan. On its first introduction ment—so many projects have been broach- he relied at any rate on the countenance of ed—so many schemes have been talked of, - Jeremy Bentham ; but that learned jurist that we, whose business it is to know every not only pronounced it counterfeit, but thing that can be known, find ourselves a wrote an article in the Westminster Review little confused. Let us, then, shortly re- to prove it so. The Chancellor next apcapitulate the Bills which have been already plies to the Common Law Commissioners, introduced, and venture to predict their fate. and hopes that they will stand god-fathers
The Lord Chancellor's Law Amendment to his project: they, however, decline the Bill, to the provisions of which we have fre- honour, preferring a little plan of their own. quently called our readers' attention, has He turns in disgust from the learned Comnow passed the House of Lords, and will missioners; surveys his Bills again; pulls probably go through the House of Commons some of the clauses out; inserts others in with but little alteration.
their places, and again proceeds to declare The Solicitor General's Real Property Bills that it is the most faultless thing in the have, we understand, received considerable world. We could certainly have wished, for verbal alterations in the Select Committee, the Chancellor's reputation, that he had let although they remain unchanged in prin- the matter alone, and that his impatience ciple. They appear to have excited but for his due share of popular applause had little attention in the Lower House; they manifested itself in some other shape. may chance, however, to meet a more ques- While one brother is thus incumbered tionable reception in the House of Lords. with the Local Courts, the other is afflicted
The fate of the Local Courts Bill is very with the General Registry; and if Ajax doubtful. It will be strenuously opposed strives in vain "so huge a weight to heave,” by Lord Lyndhurst, who will be able to how will his lesser brother fare, unprotected produce so strong a body of facts and argu- by the sevenfold shield of the giant ? In ment against it, that we anticipate its re- an evil day, we must be permitted to think, jection; and even if it received the Lords' both for the question and its mover, was its assent, we should be glad to know what introduction adroitly shifted by the Solicitor the Chancellor of the Exchequer will say to General to the Master in Chancery--proving
Law Reform.-Reasons against the Local Courts Bill.
only that it might be in hands still more in- | Deeds. They are determined not to be outcompetent than those which had before in- done by their Common Law brethren; alcumbered it by their help. From all that we though we trust that the result of their lacan learn, it has but little chance of passing bours is not to be confined to the publicaeven the House of Commons.
tion of two blue-covered volumes by the The Bill for Chancery Reform will be year. pushed on, if possible, and will not be so strenuously opposed. We have already stated our humble approval of its provi- REASONS AGAINST THE LOCAL sions.
COURTS BILL. Lord Wynford's Bill, to diminish Delay and Expense, of which we have already given an account, has been lost for the Ses- 1. That the benefit, professed in the presion.
amble of the Bill, of having suits tried near Besides these important Bills, there are the homes of the suitors,” is fallacious, bemany others, for effecting minor alterations cause the several suitors and witnesses frein the Law, before Parliament. The Luna- quently reside at a considerable distance tic Bill is going slowly on towards maturity. from each other. The Bill for authorising the King in Coun- 2. That of the actions commenced for cil to vary the towns for holding assizes (a small debts, three-fourths are for money useful measure,) is still in the House of Com- lent, goods sold, or work done; to which mons. The Bill for re-modelling the Privy there is no defence; and it is unjust that Council has passed the House of Lords, and the convenience of the debtor should be conwill pass the other House without opposition. sulted at the expense of the injured crediThe Bill relating to the Law of Patents has al- tor. ready met with considerable delay, and will 3. That it is a great hardship on credi. hardly get through this session. There are tors, to compel them to proceed in Local several Bills for ameliorating the Criminal Courts, where they must employ agents in Law, and another for allowing Prisoners to whom they may have no confidence, and be defended by Counsel. These, or some or convey their witnesses, at great expense one of them, may probably pass. Mr. Romilly and inconvenience, to the several districts has introduced a Bill for subjecting real es- where their debtors reside. tate, in every instance, to simple contract 4. That all the reasons for abolishing the debts. We understand that it is the same Welch Local Courts (which possessed the Bill that was introduced by Sir Samuel Ro- advantage of comparatively eminent Judges) milly; and if the present Houses of Parlia- apply more strongly to the proposed plan, ment are more disinterested than their pre- because the Judges will have less experience decessors, it may become law,
and learning; and, as they must be conThese are most of the Bills already stantly resident in their districts, the danger brought in; but there are other measures of partiality will be greatly increased, from which are contemplated. The Solicitor Ge- their personal knowledge of the suitors, neral has given notice of a Bill, founded on witnesses, and practitioners; whilst strangthe Fourth Common Law Report, which is ers, and especially aliens, will have cause to to alter the present Law of Debtor and Cre-apprehend that equal justice will not be ditor. The Lord Chancellor, who has al-administered. ways a Bill at his fingers' ends, will soon 5. That it will not be satisfactory to the favour us again; and the budding legisla- suitors in general, to have all kinds of causes tors of the House of Commons will never heard before inferior, and often partial think of letting the Session expire without Judges, when, according to the present syssome further attack upon Mother Law. tem, they have the advantage of the most
The Law Commissioners are also at work. eminent learning, experience, and impartiThe Poor Law Report will soon be pub- ality in each department of the law. lished, the Commissioners having been al- 6. That the decisions and practice of the ready prematurely delivered of an octavo of several Local Courts will not be uniform ; “ Information,” which, by the bye, we shall and the appeals to the Judges of the Suspeedily notice. The Real Property Com- 'perior Courts, to correct misdirections and missioners, although as yet no one of their errors of judgment, will enhance the costs recommendations has been carried into to more than the amount of the present effect, have nearly printed a Fourth Report, proceedings. on Wills, and are ready to print a Fifth, on 7. That the necessity for Local Courts,