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Hen. VIII., c. 39, and 13 Eliz., c. 4, the rights of the crown affect purchasers of freehold property; 2 & 3 Vict., c. 11, protects purchasers unless the obligations we are referring to are registered. The Chancellor of the Exchequer stated in the House, that only bonds of a permanent nature, when the responsibility amounted to £1000 or more to each party to the bond, were registered by the departments of the customs, excise, stamps and taxes, woods and works, the paymastergeneral, the national debt, war, and ordnance. And further, that since 1856 only thirty crown bonds were registered on the part of the custom-house officers, who used to register an enormous number. Of course the registration of these bonds only affects freehold property. In effect, therefore, for the sake of the possible enforcement of crown claims against the freehold property of a small number of crown debtors (and it is not a striking, but a very certain fact that all crown debtors are not possessed of large freehold estates), every purchaser or mortgagee of every freehold, however small, is put to a considerable expense in making search to secure himself against the contingency of liability to the crown. Well may Lord St. Leonards' say,
" It is to be lamented that sounder views are not entertained on the subject.”
No opposition was encountered by the "Attorneys' and Solicitors' Bill,” in its rapid progress through the Houses of Parliament; but questionable amendments having been introduced by the Lords, it will require close attention by the legal members of the House of Commons. The object of the bill is “to amend the act for consolidating and amending several of the laws relating to attorneys and solicitors in England and Wales." One of its new provisions is directed to encourage those about to enter the profession to seek a liberal education, and thus raise the standard of intelligence among lawyers. But many other points affecting the lawyer find place in the bill. Instead of "consolidating and amending several” of the laws on this head, it would have been expedient, but too reasonable a thing to have given really one good consolidation statute, which here it was possible to have effected.
The Divorce Court Amendment Bill is now in the hands of the legislature. In what shape it may ultimately come out, our readers will know in due time. The Chancellor has expressed his “readiness to pay all attention in his power to any amendments which might be submitted to his notice before the bill is committed,” (Times Parl. Intell., July 21st.) The primary intention of the bill is to increase the judicial force of the court, by including all the judges among the assessors of the judge ordinary, when a full court is wanted. Another provision has been introduced at the instance of Lord Brougham, to prevent collusion : the court having the power to call in at discretion the aid of the Attorney-General. Lord Chelmsford took, we believe, a correct view of this Amendment Bill; he seemed to think it might be an improvement, but was not the proper reform-nor that which was called for. He said the court ought to be made entirely independent, and he pointed out the disadvantage of the judge-ordinary not presiding in the full court. On the
ference to the custody and maintenance of children.
whole, the bill is a poor makeshift, a provisional expedient, and a mere experiment; but something was to be done, and every-body's wishes to be attended to. There is, moreover, in some quarters an absurd jealousy of the court being made really an effective one. The idea of the “ lower orders” coming within its operation, shocks all propriety, and this is a favourite theme with popular preachers and philanthropists, whose care is exclusively applied to the purity and
orals of “inferior persons.” When the proceedings in the court appeal unfit for publication,” it is further proposed to be enacted that its doors may be ordered to be closed, for the sake of public virtue. if the principle of this provision is sound, it should be extended to all our courts, where the same reasons apply. vision is inserted in the bill, to give the court power to make orders
The opening of the Admiralty Court to the legal profession generally, is a measure at last likely to be carried.
Leave has this session been obtained by Mr. M.Mahon, and Mr. Brady (by a majority of 179 to 173,) to bring in a bill abrogating the law by which Irish students of law must keep terms in the English inns of court. The motion was opposed by Mr. Whiteside and Mr. Malins. The sole question herein involved, refers simply to the welfare of the Irish barristers. That some derive advantage from sojourning in England, while some merely waste time and money here, is and has been notorious to all who have had opportunities of judging. The balance of advantages should be marked by those experienced and interested in the subject. Possibly, however, the English Bench would not be adorned by such men as Martin and Willes, if the ancient practice now sought to be abolished had not existed.
The commitments by County Court judges have of late been much discussed, and Mr. Collier has, in consequence, brought forward a bill on the subject.
It has been assumed that the power is occasionally abused, and so it has been proposed by some to take it away altogether. An able letter from a “County Court Judge has lately appeared in the Times newspaper, in which he explained, what is notorious to those who know any thing about the working of county courts, that the power in question is one essential to the useful operation of the law. A common instance will illustrate the law, as the abolitionists would have it. A mechanic known to be in the receipt of £3 a week, and to whom the usual credit weekly or monthly is naturally extended, chooses to repúdiate payment, and judgment is recovered. Living in lodgings, and being without iucumbrance, he can shift his place of residence as he likes, and, having no chattels to be seized, he snaps his fingers at the judgment against him, and the poor shopkeeper not only loses his debt, but has to pay the costs incurred in his endeavour to recover it. We disagree, we may add totally, both in principle and from experience, with the report of the committee of the Law Amendment Society on this head. We have seen in the daily working of the county courts the multitude of attempts at fraud which are alone met by the -pro
visions of the law relating to commitment, and it is astounding to us to find a popular cry endeavoured to be raised against it on the plea of injustice. A small debt was for years believed by the dishonest debtor to be one which might be successfully evaded, and the frauds which were effected, both in contracting primary liabilities and repudiating them, were advanced as one great reason for establishing small debts courts. If the power of commitment, which is often the sole engine for compelling the fraudulent debtor to obey the order of the court, be taken away, not only will an irreparable injury be done to the adıninistration of justice; but the honest poor man, who in hard times got the benefit of credit, will be deprived of the means of struggling through his temporary difficulties or will have to pay dear for the risk which the defenceless shopkeeper will run when deprived of the present security afforded by the law.
APPOINTMENTS, &c. We have to record that, upon the late re-accession of Lord Palmerston to power, John Lord Campbell, though in the eightieth year of his age, was prevailed upon to accept the Chancellorship; that the elevation of Sir A. E. Cockburn to the Chiefship of the Queen's Bench, and of Mr. Justice Erle to that of the Common Pleas, was hailed with universal satisfaction by the public and the profession; that Mr. Colin Blackburn of the Northern Circuit and Liverpool sessions was unexpectedly raised to the seat on the Bench vacated by Mr. Justice Erle; that the post of Judge Advocate-General was conferred upon
Mr. Headlam, Q.C. ; and that Sir Richard Bethell and Sir H. S. Keating were reappointed to the respective offices of Attorney-General and Solicitor-General, which they held at the time of the downfall of the Palmerston administration in 1858.
The Secretary of State for the Home Department, Sir George Cornewall Lewis, is a member of the Middle Temple, and was called to the bar in 1831 ; Sir George Grey, Chancellor of the Duchy of Lancaster, is a member of Lincoln's Inn, and was called to the bar in 1826 ; Mr. Cardwell, the chief Secretary for Ireland, is a member of the Inner Temple, and was called to the bar in 1838; Mr. C. P. Villiers, President of the Poor-Law Board, is a member of Lincoln's Inn, and was called to the bar in 1827; and Mr. Lowe, the VicePresident of the Council for Education, is a member of Lincoln's Inn, and was called to the bar in 1842.
Mr. W. N. Massey of the Inner Temple, barrister-at-law, has been elected Chairman of Committees of the House of Commons.
W. H. Bodkin, Esq., of the Home Circuit and Central Criminal Court, Recorder of Dover, has been appointed Assistant-Judge of the Court of the Sessions of the Peace in and for the County of Middlesex, in the place of Robert Pashley, Esq., deceased. This is an office created by 7 and 8 Vict., c. 71, under which the Judge is entitled to a salary of £1200 per annum, charged on the consolidated fund, but he is not
precluded from continuing his private practice. A bill was introduced at the instance of the Middlesex magistrates, with the object of preventing such practice, in consideration of which it was proposed to raise his salary to £1500. Amendments have been introduced into the bill, by which the Middlesex magistrates may, if they please, pay the salary of £1500 out of the resources of the county, and impose on the Judge the above condition, or the status quo may be preserved. Judging from the present temper of the magistrates, the bill, should it pass the Lords, will be inoperative.
Mr. John Hinde Palmer, and Mr. W. D. Lewis, both of the Chancery Bar, and Mr. A. J. Stephens of the Western Circuit, and Recorder of Andover and Winchester, having been created Queen's Counsel, were in Trinity Term last called within the Bar.
George Boden, Esq., of the Midland Circuit, and late Recorder of Stamford, has been appointed Recorder of Derby in the room of W. H. Adams, Esq., Attorney-General at Hong-Kong; and W. T. Maunsell, Esq., also of the Midland Circuit, has been appointed Recorder of Stamford.
William Forsyth, Esq., Q.C., has been appointed Standing Counsel to the Secretary of State in Council for India, on the resignation of L. T. Wigram, Esq., Q.C.
W. A. Henry, Esq., and Frederick Brecken, Esq., have been respectively appointed Solicitor-General for the province of Nova Scotia, and Attorney-General for the Island of Prince Edward.
William Gresham, Esq., solicitor, has been elected by the Common Council of London High Bailiff of the Borough of Southwark, and Edward Lambert, Esq., solicitor, has been appointed by the Judge High Bailiff of the County Court of Southwark. Under the 9 & 10 Vict., c. 95, s. 32, the then High Bailiff of the borough of Southwark (the late William Pritchard, Esq.) held the office of High Bailiff of the Southwark County Court. This section is repealed by 22 Vict., C. 8, which enacts that the High Bailiff of the Southwark County Court shall be appointed and removed in the same manner High Bailiffs of other County Courts. Under the section referred to, the late Francis Smedley, Esq., High Bailiff of Westminister, held the office of High Bailiff of the Westminister County Court, but under the repealing Act these two offices are also now separated.
SCOTLAND. Under the late ministry the office of Solicitor-General was granted to George Patten, Esq., advocate, in the room of David Mure, Esq., who had been appointed Lord-Advocate.
Mr. Moncreiff and Mr. Maitland have been reappointed to the offices of Lord-Advocate and Solicitor-General respectively, of which they were dispossessed upon the accession of Lord Derby to power.
IRELAND. The Right Hon. Maziere Brady has been appointed Lord-Chancellor; the Right Hon. J. D. Fitzgerald, Attorney-General; and Mr. Serjeant Deasy, Solicitor-General of Ireland,
Mr. Serjeant Berwick has been appointed Judge of the Court of Bankruptcy, in the room of Mr. Macan deceased.
Mr. H. G. Hughes, Q.C., who was raised to the post of SolicitorGeneral in 1850, and who was appointed to the same office in 1868, has been appointed to the seat on the Exchequer Bench, vacant by the retirement of Baron Richards.
John Leahy, Esq., and Charles Barry, Esq., of the Munster bar; E. B. Lawless, Esq., and James Kernan, Esq., of the North East Circuit-have been appointed Queen's Counsel.
CALLS TO THE BAR.
Easter Term, 1859. GRAY'S INN.—Walter David Jeremy and Charles Alexander Smyth, Esqrs.
INNER TEMPLE.-Robert Walter Daysh Stewart; Frederick Evers; Walter Kingscote Crossman; and Henry Poulin, Esqrs.
LINCOLN'S INN.—William Dundas Gardiner; Henry Smith ; John Cordy Jeaffreson; Edward Aikin; Herbert Clifford Saunders, and Joshua Frey Josephson, Esqrs.
MIDDLE TEMPLE.—Bond Coxe; Albert Gordon Langley (holder of the studentship awarded by the Council of Legal Education in Trinity Term, 1858); John Clark; and James Coverdale Patten, Esqrs.
Trinity Term, 1859. LINCOLN'S INN.—Montague Hughes Cookson (holder of the studentship of Hilary Term, 1859); Ebenezer Charles (certificate of honour, firsi class); the Hon. Dudley Campbell ; Edward Bradford Medlycott; Michael Richard Barry; Thomas Nottidge ; Alfred Smith ; Edward Wingfield; William Lowndes, jun; Thomas Chenery; Thomas Kennedy Pater; Charles Henry Chatfield ; Leone Levi; George Charles Broderick; George Clifford Mayer; William Neish ; John Compton Lawrance; Robert O'Byrne, jun.; Herbert Thomas Knatchbull-Hugessen, and Herbert Riversdale Mansel Jones, Esqrs.
INNER TEMPLE.—Lewis William Cave (certificate of honour); Thomas Edward West (certificate of honour); W. Bayley Marshall Lysley ; Alfred William Baillie ; Edwin Agar Lascelles ; John Francis Collier; Henry Stewart Cunningham ; John O'Brien ; George Hodgson Wayte; Drury Wake; William Storey, and David Forsyth Main, Esqrs.
MIDDLE TEMPLE.—John Standish Hayley ; Francis James ; William Graham Furnivall; Philip Prendergast; Jaines Daniel Robertson; James Charles Smith ; Robert Greenoak; Frederick Clifford ; De Castro Fisher Lyne; Elward Thomas Edmonds Besley; Joseph Francis Chance; Gainsford Bruce ; and William Charles Mark Kent, Esqrs.
GRAY's Inn.-Robert Cecil Austin and Thomas Braddell, Esqrs.