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Legal Education.-Summer Circuits of the Judges, 1856.

147

would be more secure were it expended in the condition of the medical profession as an adding to their qualifications; and the Profes- illustration of the probable effects to the Legal sion (individually) would have a better oppor- Profession of the proposed amendments. tunity of judging the worthiness and respectability of candidates, by long and intimate connexion with them as office clerks. No principal would enter into a contract in writing, or bind himself to keep a clerk five years, without having full and satisfactory evidence as to his general character, much less give him his articles unless he was worthy of his confidence, and in every respect deserving patronage and

encouragement.

;

For the many reasons I have adduced, and others too numerous to mention, I feel persuaded that any candid and unprejudiced person would be fully satisfied that a reduced stamp duty, combined with an increased qualification, would be sufficient security to the Public. The Profession of the Law must never be exercised by inexperienced or incompetent persons. Other cailings may be followed by those not duly qualified, but rarely with success and their failure only serves as a warning to others, without inflicting any serious inconvenience on the Public. But there are professions which, from their nature, are most liable to be practised by unqualified persons, and their improper exercise is attended with such serious public evils, that it is necessary they should be placed under restrictions by the legislature. Hence it was wisely enacted that no person should exercise the professions of physicians, surgeons, and apothecaries, or solicitors and attorneys, without being first examined and pronounced duly qualified. By various Acs and charters (28 Hen. 8, 5 Car. 1, 40 Geo. 3, 7 Vict., 55 Geo. 3) the exercise of the medical profession is confined to those who have been examined and certified according to regulations therein provided. But there is no heavy stamp payable, not even by those requir ed to be articled for five years to apothecaries. What necessity was there for making articles of clerks to attorneys a special exception in the Schedule to 16 & 17 Vict. c. 59. The Medical and Legal Professions, in many respects, are precisely similar: they are both placed under restrictions by Parliament; both are entrusted with investigating the qualifications of their members. The doctor and the lawyer must always be men of skill: one is concerned for the body, the other for the estate. And probably the professional man entrusted with the care of the former, has a more serious charge than the latter. Life once lost through an unskilful practitioner, there is no recovery; but an estate lost may be wrested back by its rightful owner. Surely the same object may be attained, the same evils prevented, by the same regulations and restrictions. Now it is a very curious thing doctors have not got such a bad name as lawyers; yet their profession has no pecuniary barrier to preserve its respectability, nor is its absence attended with any of those evil results which seem to be considered as the inevitable consequences of repealing the stamp duty. I would venture, therefore, to submit

In taking leave of this subject, especially with regard to that important alteration in which I have appeared as solitary advocate, I cannot but regret that it has not fallen into abler hands than mine. I must, however, rest content with having brought it under the notice of the Profession, and leave it to its merits. The Incorporated Law Society will doubtless do its duty. Time would but show its beneficial effects, and experience prove that an equal start being afforded to all, the worthy alone will bear away the prize. B.

SUMMER CIRCUITS OF THE
JUDGES, 1856.

Crowder, J., will remain in Town.

NORFOLK.

Lord Campbell, C. J. and Coleridge, J.
Thursday, July 10, Aylesbury.
Saturday, July 12, Bedford.
Wednesday, July 16, Huntingdon.
Friday, July 18, Cambridge.
Tuesday, July 22, Norwich and City.
Saturday, July 26, Ipswich.

MIDLAND.

Jervis, L. C. J., and Cresswell, J.
Tuesday, July 8, Northampton.
Friday, July 11, Leicester and Borough.
Tuesday, July 15, Oakham.

Wednesday, July 16, Lincoln and City.
Saturday, July 19, Nottingham and Town.
Wednesday, July 23, Derby.
Saturday, July 26, Warwick.

HOME.

Pollock, L. C. B., and Erle, J.
Thursday, July 10, Hertford.
Monday, July 14, Lewes.
Monday, July 21, Maidstone.
Monday, July 28, Chelmsford.
Monday, August 4, Guildford.

OXFORD.

Alderson, B., and Wightman, J.
Tuesday, July 8, Abingdon.
Thursday, July 10, Oxford.
Saturday, July 12, Worcester and City.
Wednesday, July 16, Stafford.
Wednesday, July 23, Shrewsbury.
Saturday, July 26, Hereford.
Wednesday, July 30, Monmouth.
Saturday, August 2, Gloucester and City.

WESTERN.

Platt, B., and Martin, B.
Wednesday, July 9, Devizes.
Saturday, July 12, Winchester.
Friday, July 18, Dorchester.
Tuesday, July 22, Exeter and City.

148

Summer Circuits of the Judges, 1856.-Court of Bankruptcy.

Monday, July 28, Bodmin.
Friday, August 1, Wells.
Thursday, August 7, Bristol.

NORTH WALES.

Williams, J.

Tuesday, July 15, Newtown.
Friday, July 18, Dolgelly.
Monday, July 21, Carnarvon.

Thursday, July 24, Beaumaris.
Saturday, July 26, Ruthin.
Wednesday, July 30, Mold.

Saturday, August 2, Chester and City.

SOUTH WALES.

Crompton, J.

Saturday, July 5, Cardiff.

missioner Holroyd from July 16 to August 15, and Mr. Commissioner Fane from December 1 to 15, and the following Saturday rotation days.-July 19, August 9 and 16, November 15, and December 13.

Mr. Commissioner Goulburn will take the duty of Mr. Commissioner Fonblanque from August 16 to 31, and October 16 to 31.

Mr. Commissioner Fane will take that of Mr. Commissioner Fonblanque from September 1 to 15.

Mr. Commissioner Evans will sit for Mr. Commissioner Fonblanque from September 16 to October 15.

Mr. Commissioner Fane will take the business of Mr. Commissioner Evans from July 1 to August 31, and that of Mr. Commissioner Fonblanque from September 1 to 15, and the following Saturday rotation days.-July 26,

Wednesday, July 16, Haverfordwest & Town. August 2 and 23, September 13, and No

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Mr. Commissioner Evans will take the business of Mr. Commissioner Fane from September 16 to October 31, and Mr. Commissioner Fonblanque from September 16 to October 15 and the following Saturday rotation days.September 27, October 4 and 25, November 29, and December 23.

Mr. Commissioner Fane will take the business of Mr. Commissioner Evans from July 1 to August 31.

Mr. Commissioner Holroyd will take the place of Mr. Commissioner Evans from September 1 to 15.

Mr. Commissioner Fonblanque will take that of Mr. Commissioner Goulburn, and Mr. Com

vember 8.

Mr. Commissioner Evans will take Mr. Commissioner Fane's place from September 16 to October 31.

Mr. Commissioner Holroyd will sit for Mr. Commissioner Fane from November 15 to 30. Mr. Commissioner Fonblanque will take the place of Mr. Commissioner Fane from December 1 to 15.

Mr. Commissioner Holroyd will take Mr. Commissioner Goulburn's place from July 1 to 15, and September 1 to 30; Mr. Commissioner Evans from September 1 to 15, and Mr. Commissioner Fane from November 15 to 30, and the following Saturday rotation days. -July 5 and 12, September 6 and 20, and November 22.

Mr. Commissioner Fonblanque will sit for Mr. Commissioner Holroyd from July 16 to August 15.

Commissioner Holroyd from August 16 to 31, Mr. Commissioner Goulburn will sit for Mr. and October 1 to 31.

Mr. Commissioner Goulburn will take the Commissioner Fonblanque from August 16 to duties of Mr. Commissioner Holroyd, and Mr. 31; Mr. Commissioner Holroyd from October from October 16 to 31, and the following Sa1 to 31, and Mr. Commissioner Fonblanque and 18, November 1, and December 6. turday rotation days.-August 30, October 11

Mr. Commissioner Holroyd will sit for Mr. Commissioner Goulburn from July 1 to 15, and September 1 to 30.

Mr. Commissioner Fonblanque will sit for Mr. Commissioner Goulburn from July 16 to August 15.

Mr. Commissioner Goulburn's ordinary rotation day will be on Monday instead of Saturday, commencing on Monday, July 7. No sittings to be appointed for a Commissioner during his vacation, except such as are absolutely necessary; and no sittings to be appointed for the Saturday rotation days after one o'clock in the afternoon, so that on a Saturday, if the sittings fixed for the day be over, the Court may close at 2 o'clock.

Parliamentary Proceedings relating to the Law.-Law District Improvements.

PARLIAMENTARY PROCEEDINGS

RELATING TO THE LAW.

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149

Poor Law Amendment.-Mr. Bouverie. For 2nd reading.

Church Rates Abolition.-Sir W. Clay. In Committee.

Amended Formation of Parishes.-Marquis of Blandford. In Committee.

Advowsons.-Mr. Child. In Committee.
Tithe Commutation. In Committee.
Burial Acts Amendments. - Mr. Massey.
For 2nd reading.

Public Health Amendment. For 2nd reading.

Medical Profession. Re-committed..
Lord Elcho. For 2nd reading.
Medical Qualification and Registration.—

Trust Property Criminal Appropriation.

Attorney-General.

Qualification of Justices of the Peace.-Mr. Colville.

London Corporation.-Sir G. Grey. For 2nd reading.

Courts of Common Law (Ireland). Re-Com

mitted.

For

Bankruptcy (Scotland).-Lord Chancellor.

Report of Committee, June 23.

In Select Committee.

Drainage Act Amendment.

Divorce and Matrimonial Causes.

Bills Passed.

Appellate Jurisdiction.

Drafts on Bankers.

Mercantile Law Amendment.
Mercantile Law of Scotland).
County Courts Act Amendment.

House of Commons.

Leases and Sales of Settled Estates. For 2nd reading, June 23.

Appellate Jurisdiction. For 2nd reading, June 23.

Law of Partnership (No. 2),—Mr. Lowe. In Committee, June 24.

Joint-Stock Companies' Winding-up Acts Amendment. For 2nd reading.

County Courts Amendment. For 2nd reading, June 23.

Mercantile Law Amendment. For 2nd reading, June 26.

Mercantile Law (Scotland). For 2nd reading, June 26.

Corrupt Practices Prevention.-Lord Pal

merston.

Judgments, Execution, &c.-Mr. Craufurd.
For 2nd reading, July 2.

Amendment of Procedure and Evidence.
Sir F. Kelly. In Committee, June 23.
Court of Probate of Wills and Grants of
Administration.-Solicitor-General. For 2nd
reading, June 23.

Testamentary and Matrimonial Jurisdiction.
-Sir F. Kelly. For 2nd reading, June 23.
Ecclesiastical Courts.-Mr. Collier. For 2nd
reading, June 23.

Judge and Chancellors (Ecclesiastical). For 2nd reading.

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CENTRAL THOROUGHFARE FROM THE WEST
END TO THE CITY.

It will be observed that the old buildings on the north side of Carey Street, next Chancery Lane, are now nearly pulled down. This forms part of the site described in the Government plan as the "main central thoroughfare from the west end of London to the City." And we understand that a deputation has been appointed on the part of the Legal authorities in the Rolls Library and other public bodies, to attend the Metropolitan Board of Works on the 27th instant, in order to induce the Board to fix the line of the new central street, proposed to pass through the Rolls estate to Fetter Lane, and thence across Farringdon Street to St. Pauls.

We are informed that the Law Fire Insurance Company have purchased several houses on the north side of Carey Street, subject to offices will be erected there, an excellent pothe street being widened, and that their new sition considered with reference to the new street and to the Incorporated Law Society.

150

Law District Improvements.-Sittings in Chancery.-Notes of the Week.

Two Life Insurance Offices, it appears will also | Thursday preceding the Saturday on which it is soon be built in Chancery Lane. intended they should be heard.

King's College hospital, situate further on in Carey Street, will form part of the great central street, and we shall then only have to urge a decision on the proposed site of the new Courts and Offices, which are proposed to be placed between Carey Street and the Strand. If we had a Minister of Public Works like the Emperor of the French, all these projected improvements might be effected in three years. Let all parties interested in the movement bestir themselves to effect at least a commencement of these beneficial public works.

SITTINGS IN CHANCERY.

After Trinity Term, 1856.

Lord Chancellor.

AT LINCOLN'S INN.

Vice-Chancellor Kindersley.

AT LINCOLN'S INN.

June 19, 26; July 3, 10, 17, 29.-1st, 2nd, 3rd, 4th, 5th, and 6th Seals.-Motions and General Paper.

June 20, 27; July 4, 11, 18, 25.-Petitions and General Paper.

June 21, 28; July 5, 12, 19, 26.-Short Causes, Short Claims, and Causes.

June 23, 24, 25, 30; July 1, 2, 7, 8, 9, 14, 15, 16, 21, 22, 23, 24, 28.-Pleas, Demurrers, Exceptions, Causes, Claims, and Further Directions.

After the Second Seal, the Vice-Chancellor will hear Exceptions and Further Directions, and Further Considerations, in priority to original Causes.

Vice-Chancellor Stuart.

AT LINCOLN'S INN.

June 19, 26; July 3, 10, 17, 29.-1st, 2nd, 3rd, 4th, 5th, and 6th Seals-Motions.

June 19, 26; July 3, 10, 17, 29.-1st, 2nd, 3rd, 4th, 5th, and 6th Seals.-Appeal Motions and Ap-neral Paper. June 20, 27; July 4, 11, 18.-Petitions and Gepeals.

June 20; July 30.-Petitions and Appeals. June 21, 23, 24, 25, 27, 28, 30; July 1, 2, 4, 5, 7, 8, 9, 11, 12, 14, 15, 16, 18, 19, 21, 22, 23, 24, 25, 26, 28.-Appeals.

Notice. Such days as his Lordship is hearing Appeals in the House of Lords excepted.

Lords Justices.

AT LINCOLN'S INN.

June 19, 26; July 3, 10, 17, 29.-1st, 2nd, 3rd, 4th, 5th, and 6th Seals.-Appeal Motions and Ap. peals.

June 20, 27; July 4, 11, 18, 25.-Petitions in Lunacy and Bankruptcy,and Appeal Petitions. June 21, 23, 24, 25, 28, 30; July 1, 2, 5, 7, 8, 9, 12, 14, 15, 16, 19, 21, 22, 23, 24, 26, 28.-Appeals. Notice The days (if any) on which the Lords Justices shall be engaged at the Judicial Committee of the Privy Council are excepted.

Master of the Rolls.

AT CHANCERY LANE.

June 19, 26; July 3, 10, 17, 29.-1st 2,nd 3rd, 4th, 5th, and 6th Seals.-Motions.

1

June 21, 28; July 5, 12, 19, 28.-Short Causes and Claims, and General Paper.

June 23, 24, 25, 30; July 1, 2, 7, 8, 9, 14, 15, 16, 21, 22, 23, 24, 25.-Pleas, Demurrers, Excep. tions, Causes, Claims, and Further Directions. July 26.-General Petition Day.

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June 21, 28; July 5, 12, 19.-Petitions, Short Causes, Claims, and General Paper.

July 26.-General Petition Day.-Short Causes, Claims, and General Paper.

Notice.-Claims will be placed in the Paper after Short Cases, &c., on each Saturday in precedence of the General Paper.

N. B.-The remaining Motions and Petitions will be taken after the 6th Seal.

June 20, 21, 23, 24, 25, 27, 30; July 1, 2, 4, 5, 7, 8, 9, 11, 12, 14, 15, 16, 18, 19, 21, 22, 23, 24, 25, 26, 28.. Directions, Further Considerations, and Further Directions and Costs, until all are disposed of, and then the General Cause Book.

Pleas, Demurrers, Exceptions, Further COMMON LAW SITTINGS AT NISI

June 28; July 30.-Petitions in General Paper.
July 31.-Remaining motions and petitions.

PRIUS.

Exchequer of Pleas.

After Trinity Term, 1856.

IN MIDDLESEX.

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Notice. At the Sittings after Trinity Term, the

Master of the Rolls will hear Exceptions, Further Friday
Directions, Further Considerations, and Further
Directions and Costs, previous to proceeding to
hear Original Causes.

Monday

Short Causes, Short Claims, Consent Causes, Tuesday Unopposed Petitions, and Claims every Saturday Wednesday

at the Sitting of the Court.

Notice.-Consent Petitions must be presented Thursday and copies left with the Secretary on or before the Friday

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Common Juries.

Customs, Inland Revenue, and Common Juries.

Inland Revenue and Common Juries.

18 Common Juries.

192 Special Juries and Common

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20

Juries (if necessary).

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of bankruptcy shall be deemed invalid by reason of any act of bankruptcy prior to the debt of the petitioning creditor, provided there be a sufficient act of bankruptcy subsequent to such debt."

Baily, Jessel, and Holl for the plaintiffs; Glasse, J. P. Wilde, and Bates for the defendCur. ad. vult.

The defendant's son was arrested on Marchant. 20, 1849, and remained in custody of the The Vice-Chancellor said, he concurred in sheriff's officer until April 24, when he the written opinion of Mr. Justice Willes, who was committed to prison, whence he was had rendered his assistance when the case was discharged on May 26. On the previous argued, that no act of bankruptcy was shown day he had executed a deed of assignment to have taken place prior to the adjudication, of certain property in favour of the defendant: Held, that a petition in bankruptcy, presented on May 20, 1850, on which an adjudication was made on June 7, did not entitle the assignees to sue to set aside the deed, as more than one year had elapsed since the expiration of 21 days after the bankrupt had first been arrested. Held, that the year cannot be computed from the last 21 days of lying in prison. THIS was a bill by the assignees of a bankrupt, the defendant's son, to set aside a deed of assignment of certain property, dated 25th May, 1849. It appeared that the bankrupt had been arrested on March 20, 1849, and remained in custody of the sheriff's officer until April 24, when he was committed to prison, whence he was discharged on May 26. A petition in bankruptcy was presented on May 20, 1850, and on June 4 four days' further time was given to the petitioner, and the adjudication took place on June 7.

and that consequently by the operation of the 12 & 13 Vict. c. 106, s. 88, the plaintiffs' title was bad. The question turned on s. 69 of the Act, which pointed to one act and not to repeated acts of bankruptcy by a lying in prison for 21 days, and there was no reason for straining the language so as to create a fresh act of bankruptcy on each and every successive 21 days, whereby according to the Statute an act of bankruptcy was committed. This species of act of bankruptcy was created by the 1 Jac. 1, c. 15, s. 2, the time being six months, and to the end of which period the title of the assignees related back. Under that Statute the party must be a trader when arrested (see also Exparte Lynch, Mont. 453), and it was not intended to revive debts incurred during the imprisonment, but it was sufficient that debts existed at the time of the arrest and that the act of bankruptcy was committed. This time was reduced by the 21 Jac. 1, c. 19, s. 2, to two months, which were again reduced by the By the 12 & 13 Vict. c. 106, s. 69, it is 6 Geo. 4, c. 16, s. 5, to 21 days, and the relaenacted, that "if any such trader, having been tion of the act of bankruptcy to the time of the arrested or committed to prison for debt, or on arrest was abolished. The period of 12 months any attachment for nonpayment of money, shall was introduced by the 5 & 6 Vict. c. 122, s. upon such or any other arrest or commitment 7, and was amply sufficient to afford the crefor debt or non-payment of money, or upon ditors time to proceed. The assignees had any detention for debt, lie in prison for 21 therefore no right to proceed, and the bill days, or, having been arrested or committed would be accordingly dismissed, but without to prison for any other cause, shall lie in prison costs. for 21 days after any detainer for debt lodged against him, and not discharged;-every such trader shall thereby be deemed to have committed an act of bankruptcy;" and by s. 88, that "no person shall be liable to become bankrupt by reason of any act of bankruptcy committed more than twelve months prior to the issuing of any fiat in bankruptcy or the filing of any petition for adjudication of bankruptcy against him, and that no adjudication

Court of Queen's Bench.
Regina v. Hansell. June 11, 1856.
MANDAMUS ON ECCLESIASTICAL OFFICER.--

REFUSAL.-COSTS.

Held, that in order to enable a mandamus to issue on an ecclesiastical officer to deliver up certain wills and documents to which another officer was entitled upon a separa

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