Law of Attorneys-New Bills in Parliament.

3.64

New Bills in Parliament.-Selections from Correspondence.

11. (Clause C.) Burgess roll to be conclusive. 12. If councillors were elected without contest, the council to decide who are first to go

13. Corporate offices may be resigned on payment of the fine for non-acceptance. Power to the council to remit such fines.

manner hereinafter mentioned, that for 60 years
now last past it hath been the uniform practice
to renew such leases, or to grant concurrent
leases for 40 or 21 years respectively, at short-out of office.
er periods than 14 or 7 years respectively,
nothing herein contained shall prevent such
archbishop, &c. from granting a renewed or
concurrent lease conformably to such uniform
practice, provided that such uniform practice
shall be made to appear to the satisfaction of
the archbishop of the province in the case of
lease granted by a bishop, and to the bishop
of the diocese in case of a lease granted by any
inferior corporation or person, and shall be
certified in the margin of the lease by such
archbishop or bishop respectively in writing
under his hand, in default whereof every such
Tease shall be void.

The act not to render valid illegal leases.
Leases contrary to the act to be void.

MUNICIPAL CORPORATIONS.

[As amended by the Committee.] This is entituled, "A Bill to explain and amend an Act to provide for the Regulation of Municipal Corporations in England and Wales." The preamble recites the 5 & 6 W. 4. c. 76, providing, among other things, for the election of certain officers, in manner and form therein declared; but such elections have not in all cases been duly made, according to the provisions of the act: And doubts are entertained before and by whom the meetings for such elections can now be convened and held for the purpose of supplying such deficiencies: And that the elections of corporate officers and others are liable to be set aside by reason of any defect that may be in the title of the president officer before whom the election may have been, notwithstanding that the election may have been otherwise good in all respects.

The following is the substance of the proposed enactments :

1. Elections not to be set aside because of defects in title of presiding officer.

2. Elections not to be set aside because held on the wrong day.

3. Elections of aldermen and councillors good, though the whole number not elected together.

4. If no mayor, councillor elected by the greatest number of votes to convene a meeting for supplying vacancies among the councillors. 5. Mayor and councillor to convene a meeting of the council to supply vacancies in the office of alderman or mayor.

6. If the council fail to elect, the burgesses to elect the mayor and aldermen.

14. (Clause D.) Mayor to hold over until acceptance of office by his successor. 15. Sessions of the peace rightly holden, although no justices of the quorum present. 16. Powers to try prisoners at Borough Sessions, although committed for trial under contract with the county justices, to a county prison more than two miles from the borough.

17. Proceedings on quo warranto and mandamnus may be discontinued on payment of

costs.

18. Berwick-upon-Tweed declared a county to all intents but for Parliamentary elections. 19. Liberties beyond the old municipal or parliamentary borough, declared not to be part of the borough.

20. (Clause E.) Local acts for the relief of the poor not to be affected.

21. (Clause F.) Land and assessed taxes to be collected as heretofore.

22. (Clause G.) Reservation of exemption from tolls enjoyed by persons in virtue of other than corporate rights.

23. (Clause H.) New securities may be given for old debts.

SELECTIONS

FROM CORRESPONDENCE.

OUTSTANDING TERM.-DOWER.-HEIR.

The following case may assist W. B. J. (see p. 322). In 1817, A., the freeholder, mortgaged his estate for 1000 years, and then died intestate. His heir at law, B., wished to pay off the first mortgage, and raise a larger sum; and to protect the intended fresh mortgagee against his (B.'s) wife's dower, proposed that the 1000 years' term should be assigned to such intended mortgagee: but doubts as to its protection arising, counsel's opinion was taken, and he said—

If the term was created prior to the marriage, it will protect the mortgagee against the claim to dower. Mole v. Smith, Jacob, 490."

It is suggested, that inquiry should be made 7. Elections before mayor or councillor to ascertain that the term has been in no manalone, until election of assessors, to be valid. ner surrendered, or any act done to lead to the 8. 5 & 6 W. 4. c. 76. s. 43, in part repealed: presumption of its surrender.

two revising assessors to be chosen as the

burgesses' two auditors are.

9. (Clause A.) Sheriff to be elected on 9th. November, instead of 1st November.

10. (Clause B.) Poll may be closed in an hour, if no voters.

A CONTRIBUTOR.

On the Examination of Attorneys.

EXAMINATION OF ATTORNEYS.

MODE OF EXAMINATION.-CLASSIFICATION.

365

work, because it contains so much elementary learning, and is so deservedly esteemed for its accuracy. A merely practical work, in these changeable times especially, would not be nearly so suitable.

PALATINE COURT ADMISSIONS.

Ir appears that the gentlemen whose admission as attorneys must henceforth be preceded by an examination as to their qualifications, As it seems to be determined that the resare not a little perplexed with the uncertainty pectability of the profession shall be mainas to the course which the Examiners, in dis-tained, I would ask a question or two respectcharging the duties of their new office, willing that class of our brethren who have paid a duty of 607. merely on their articles, and have been admitted only in the Common Pleas at Lancaster.

pursue.

To do the candidates for admission justice, it must be allowed, that if the Examiners are to be at liberty to question them in any part of Where is the policy of continuing such pracEnglish Law, to catechise, ad libitum, from titioners? Assuming their avocations to be Coke or Tidd, the embryo lawyer might very confined within the county, is it not desirable soon find himself puzzled. We know it is the that they should be as reputable as those who practice for members of every branch of the practise in the Westminster Courts? Why profession (a practice favourable to their be- are the 601. men saved the trouble and expense coming proficients) to contine themselves to a of being admitted in London? Do they not, particular department of law. Hence we have however, practise in the London Courts, the eminent criminal lawyer,-the convey- through their agents? As long as admissions ancer, the pleader,-the bankruptcy lawyer, in the Common Pleas of Lancaster are al-the equity lawyer, and others; all of whom lowed, will the parties admitted there escape profess to know but little, comparatively, which an examination? And are there not similar does not come within the scope of their par-admissions at Durham? ticular studies. Where is the universal lawyer to be found, either at the bar or on the Bench? Did not Sir William Horne modestly admit (when his promotion to the Bench was talked of) his own incompetency to preside in a Common Law Court? Did not a certain eminent Judge, who, when at the bar, had a case on real property laid before him, decline to answer is, recommending the opinion of some conveyancer to be taken?

I submit it is high time that 60%. articles should be done away with, and that every person be compelled to be admitted in the Courts at Westminster.

Sir,

wonderful discernment.

T. P.

I have read, with regret, in your valuable journal, the very illiberaf observations of Following such illustrious examples, some W. H., in answer to which, I would venture to attorneys' clerks have made particular branches observe, that although there may be a few of the profession their peculiar study. Others, 'embryo attorneys," ignorant and idle, who from the practice of the office in which they may regret the examination, by far the greater are articled, have only an opportunity of learn-number of aspirants to the legal profession ing some one branch-conveyancing, for in-hail the same with the greatest pleasure, as a stance; for we know how very fashionable it means of proving their respectability, and has become in those offices which are consi-throwing a safeguard over the profession and dered most respectable, to decline having any be pardoned for suggesting, that where a perthe rights of its members: and perhaps I may thing more to do with common law than they can avoid. son can so readily detect fear in the youth who There therefore appears to be some foun-hurries on his way amidst the press of busidation for the objection which may be urged ness, he must have a great degree of secret against the examiners questioning the candi- sympathy in his own feelings, to cause such date in any department those gentlemen may think proper; and I conclude my observations on this subject with a suggestion, the adoption of which would, I think, very much simplify the duties of the examiners, and at the same time afford a test, at which none could cavil, as to the legal acquirements of the examined. My suggestion is this :-Let it be made known that the examination will be confined to Blackstone's Commentaries, a work with which every young attorney ought to be intimately acquainted, whatever branch of the profession he may have selected to practise in. The student who evinces a satisfactory acquaintance with the Commentaries (or, in other words, with the principles of our laws), would afford a sufficient guarantee that his legal attainments are creditable. I would prefer Blackstone's

I perfectly agree with W. H. in the manner the examination is to be conducted; but I was better pleased to observe the saving clause in the New Rule, "by appeal;" as it will be the means of preventing any candidate being rejected through fear, or other circumstance, as well as giving a stability to the power of the examiners, which they ought to maintain.

That it would be of great benefit to the

a The alarm into which a young candidate might be thrown by an oral examination, and the apprehension of the failure of his presence of mind, if any thing like a severe cross-examination took place, must be greatly, if not altogether removed, by conducting the exami nation in writing. Ed.

366

On the Examination of Attorneys.— Professional Grievances.

country clerk to be obliged to spend a year in town, there can be no doubt; and I perfectly agree with W. H., that the premium given with his articles entitles him to all the benefit which he can avail himself of. But ought it not to be considered, whether the town clerk should not serve some portion of his articles in the country, to acquire a knowledge of sessions business, the poor laws, and other branches of country practice, with which the London practitioner is unacquainted.

That in the medical profession, a certificate of diligent attendance of a course of lectures is requisite to be obtained before a student can be examined, W. H. is right in asserting; but certainly not, in adding that the lecturers object to give it, unless the student has duly attended their examination, inasmuch as they never examine, but only give certificates of diligent attendance. In like manner, it would be useless for the lecturers of the Law Institution, King's College, or the London University, to give certificates of qualification of the student to be examined; because if they are to be examiners, what need is there of the twelve

gentlemen who are to be appointed by the Court for this purpose? and all that can be required of them is a certificate of the diligent attendance of the student at the required lectures. And as to the support of these valuable institutions, will they not receive ample benefit by this arrangement? And if they want more encouragement, I would suggest that they should announce a prize or two for competition at the end of each session, which would increase the number of the students, and by exciting their ambition, benefit these law schools.

ONE TO BE EXAMINED.

not contend for so long a period as twelve months; but I venture to hope that you will permit me, through your very useful work, earnestly to protest against the injustice, inconvenience, expense, and probable loss of much valuable time, to which the non-publi cation of the Examiners' regulations will necessarily subject myself, and many others in the same situation.

Sir,

ADMISSIONS IN CHANCERY.

J. H.

Being duly qualified, by service of my ar ticles, for admission next term, but having (through mistake) neglected to give the notices necessary for admission in the Common Law Courts, will it prevent my being admitted in Chancery, where a shorter notice is required, as probably my being admitted so much sooner in that Court will be of very great importance?

C.

[We think it is doubtful whether the Master of the Rolls will admit persons as solicitors in Chancery, the day after Easter Term, who are not entitled to be admitted in the Common Law Courts, without examination. Such admissions would give au oportunity of evading the Common Law Rules, by taking advantage of the shorter notice in Chancery. Easter Vacation being very short, there would be no great hardship in postponing the Admission until after an Examination in Trinity Term ED.]

"

PROFESSIONAL GRIEVANCES.

Sir,

SEARCHING FOR WILLS.-EXTRACTS.

It appears to me, and I am not singular in so thinking, that the recent Rule for the Ex- Sir, amination of Articled Clerks, although pro- PERMIT me to request a corner of your next fessing to operate as a regulation to take miscellany, for the detail of a "Professional effect in future, has, nevertheless, a retro-Grievance," which is at once so burdensome spective effect. to the public, and so little profitable to the Prerogative Will Office, that I should hope it needs only to be represented to the conductors of that establishment, to induce them to "reform it altogether."

This, I think, will be evident, on a statement of the effects of the rule upon myself, and very many other gentlemen.

My articles will expire on the 21st of April next, and, for ought I know to the contrary, the prescribed course of examination to which 1 shall then immediately be subjected, may not be published, or even agreed upon, nor may the Examiners, in fact, be appointed.

Surely I ought not to be compelled to spend the interval between the present time and the publication of the mode of examination, in a desultory, and perhaps, wholly inapplicable course of reading.

A few days ago, I was directed by a country client to "make search during the last ten years" for the will of an individual named

(an appellation almost as common as those of "Smith" and " Brown"), and of whose Christian name, moreover, my correspondent was by no means certain. To the office I repaired, paid my shilling, and commenced my search. As it happened to be a busy day there, I was compelled to take the It has been suggested by several profes-volumes of the index, not in their due order, sional men of talent and respectability, that the Rule ought, in common fairness, to have a purely prospective effect, and that a period of at least twelve months ought to have elapsed, between the publication of the mode of examination, and its commencement. I do

but as I chanced to find them disengaged;
and to save myself the trouble of going through
them twice or thrice, and the porters the toil
of bringing me a dozen wills instead of one,
I began to note in pencil the Christian names
of all the
's I met with in my 'pro-

Professional Grievances.-Notices of New Books.

367

gress through each volume of these gloomy we please; and I have never heard it hinted registers I had thus proceeded carefully that we have abused the privilege. through several years, without discovering one I observe in your last number, the suggesamong the many -'s, for whose will Itions of your correspondent W. F., with whose opinions I cordially concur; though I must confess I think his grievances are trivial when compared with mine. LEGALIS.

A

NOTICES OF NEW BOOKS.

Manual for Articled Clerks and other Law Students. Part I. Containing Courses of Study for Conveyancing and Equity, &c.; with Questions adapted to the intended Examination of Attorneys under the New Rule, &c. &c. Richards & Co. 1836.

liked to send the porter, when I was informed by a sub-official, and his statement was confirmed by his superior," that I was decidedly infringing the regulations of the establishment, and that neither pen nor pencil could be allowed me." Upon hearing this, Sir, I of course desisted; but shortly afterwards, having represented the matter to an upper clerk, and at the same time inquired the reason of the prohibition, I was assured (with an admission, that where, as in my own case, the names were very common ones, perhaps a note or two might as well have been allowed)," that if once the taking memoranda were permitted, there would be no end of persons visiting the office, and copying half an index at a time." Now, Sir, with all due deference to the opinion of this gentleman, the above statement seems to me to be a pretext, rather than a reason. There is certainly no accounting for the eccentricities of individuals; but the Prerogative Will Office is not surely so delectable an apartment, or the folio indexes such entertaining volumes, as to induce folks to go in crowds, and to pay a shilling each at entrance, for the sake of copying the names of all the persons who in each successive twelvemonth have shuffled off this mortal coil." You will observe, Sir, it is of the indexes alone that I am now speaking; there would be more shew of reason in withstanding an attempt to abstract a will, though even this (since, after all, we must come to them for an official ex-published very speedily. The following tract,) I should think the office might have the goodness to allow, instead of restricting us to such loose notices of sums and dates, as may be borne away in a treacherous, and often over-burthened memory.

We have now redeemed our promise, of furnishing a Manual for Articled Clerks and other Law Students; the first part of which is now out. We have thought it best to publish the Courses on Conveyancing and Equity, and the other contents of this Part, at once, in order to facilitate the studies of the persons for whose use the book is designed, as far as we could. The Second and concluding Part, containing the Courses on Common Law, &c., will be

extract from the Preface, and the Table of Contents, will put our readers in possession of the nature of the work.

"This little work is written with the view of facilitating the study of the various branches of the law, and of communicating such other information to articled clerks and other lawstudents, as may be useful to them.

"Although there are several works already before the profession on the study of the Law, it was conceived that there was still room for a practical work on that subject, which should be the result of the actual experience of gentlemen engaged in the practice of the several departments in the profession. Whether this work has been produced, is for the reader to determine.

It may be said, "the porters are always on the spot, and you may have two or even three inspections for your shilling;" but it is not the loss of money, but the waste of time, that I complain of. It is quite true the porters are. both civil and industrious, and they care not how many volumes they may lay before you; but they lose no time, they are merely doing their official duty, and their task is over the very instant that the clock strikes four: but to myself, Sir, and to hundreds in a similar situation, the loss of time at public offices is a real grievance. A request to "search the office," is perhaps but one in twenty of the "The Chapters on Conveyancing, Equity, commissions which must all be executed per and Special Pleading, have been contributed return of post; and it is not, I think, unrea- by Barristers practising in those branches of sonable, since these records extend over three the profession; and the whole work is the rehundred years, and the more common sur-sult of a plan of co-operation, which has been names are repeated on an average at least found useful on many other occasions. twenty times in every volume, to expect that the individual engaged in traversing such a wilderness, should be allowed some memoranda to assist him on his way.

I may just add, that at the Judgment and Annuity Offices, and at almost every other public record office I am acquainted with, we are allowed to make as many memoranda as

46

The questions on the several branches of the law, with the references to the authorities where answers may be found, will, we think, be of great service to all students; but they are peculiarly adapted to prepare those gentlemen who are to be examined under the New Rulcs, for passing the examination successfully."