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THE approaching Session will, if we mistake not, be an important one for the cause in which we are more particularly embarked the practical amendment of the law. Party feeling is at present languid, chiefly from the want of real and substantial food to keep the flame alive. Partisans whose interests are concerned in the matter are forced to hunt up for stimulating topics, and are hard put to it to find them. This then is the time, if ever it existed, when the Legislature may apply itself with advantage to the longneglected duty of the systematic amelioration of the law. We have endeavoured in this Volume, and more especially in the present Number, to bring before our readers most of the leading subjects which now stand for discussion, and to state their present position. It will be seen what a considerable budget is presented.

The matter which perhaps presses first for attention is the Act which was passed in the last Session abolishing Imprisonment for debt for debts under 201. Our readers are already in possession of our views as to this.' It must not be forgotten that the principle of the late Act has been assented to (with scarcely an exception) by all who, of late years, have either deliberately examined it or legislated with respect to it. It cannot therefore, we conceive, be displaced: but undoubtedly the Act must be materially amended; and we think a measure may be devised which on the one hand shall give all proper protection to the debtor, finding means both to investigate and punish fraud on his part, and on the other may put the creditor in the complete and ready possession of all the debtor's property. There has of course been much controversy on this subject, not unmixed with clamour; and we are quite satisfied that much temporary hardship has been inflicted on many creditors and others by the Act. But as yet the real facts of the case are not before the public. In the mean time we have been greatly pleased with a series of letters on Imprisonment for Debt which have appeared in the Morning Chronicle, which need not the initials [B. M.] to trace them to a pen which has been employed again and again in the cause of sound humanity, which, with all the experience of age, has all the freshness and vigour of youth. We would also direct attention to the Ninth Report of the Inspectors of Prisons, comprising the northern and eastern district of England, which has just been issued, from which it appears that the total

1 See Art. XIV. in No. I.

number of prisoners discharged under 7 & 8 Vict. c. 96. was in the district mentioned 386, and that the number of debtors in custody on the 1st of November last, in the various prisons in the same district, was only 190. The inspector, Captain Williams, in his report states, "that a very considerable portion of the plaints in the Small Debt Courts are for public-house scores, transactions with tally-men, some few for rent and for small articles for domestic consumption. In the two first items, any abridgement of credit must be a positive benefit, and enable the parties better to meet the demands of the two last. I am satisfied that

no further restriction in the granting of credit to the humbler classes may be apprehended beyond the withdrawal of temptations to incur debts which honest prudence would never have held out to them, and that independent of its rescuing a number of the people from the pollution of a debtors' gaol, it will make the small master more scrupulously-exact in the payment of weekly wages; will tend by money payments to lessen the prices of the necessaries of life to those most in want of them; and that although it may abridge the profits of the publican and tally-man, it will afford protection to the honest tradesman by its increasing lien upon all accruing property in satisfaction of debt, and will deter the fraudulent by the wholesome severity of its penal clauses." This, we need not say, is highly important and disinterested testimony as to the working of the late Act.

1

An interesting return has been made to the House of Commons, at the instance of Mr. Elphinstone, as to taxes on Succession to Property in foreign countries. It seems that the distinction in this respect as to the succession to real and personal property which obtains in this country exists in no other. The whole Stamp Laws require revision, and some attempt to revise them will probably be made in the ensuing Session.

We have to notice that the Judicial Committee of the Privy Council is still without a permanent President. Is it fair to the suitors of the second appellate court of this country to trust entirely to eleemosynary assistance for its Judges: or if it be fair to them, is it fair to the suitors of other Courts to take their Judges away, who are paid for their services to the latter?

The Eighth Report of the Criminal Law Commissioners, which relates to Procedure, is in a forward state, and will be presented at the commencement of the Session.

The cases of improper conduct by Barristers, which we stated in our last Number to be under the consideration of the Benchers, have continued to engage much of their attention. One barrister

has been disbarred, who has appealed to the Judges. The proof against another has failed. But these cases, and some others of which we have heard, justify, in our opinion, some step for the better control of the Bar. On the Circuits the Bar mess affords some protection, but there is no general supervision. The task of a prosecutor on such occasions is a very odious one, and the ends of justice and propriety may thus be defeated.

We have reason to believe that the Lord Chancellor will, early in the next Session, re-introduce his Bill for securing the due administration of Charitable Trusts in England and Wales, — a measure very reluctantly abandoned by the Noble and Learned Lord towards the end of July last, on the old ground — the lateness of the Session.

Mr. Baron Gurney has resigned his seat in the Court of Exchequer in consequence of ill health. His eminent ability as a Criminal Judge will be long remembered: he has been succeeded by Mr. Platt. This is a proper and judicious appointment.

We much regret to state the death of Sir C. F. Williams, the Senior Commissioner of the Court of Bankruptcy. Mr. H. J. Shepherd has been appointed to the vacancy thus created.

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In Paris a useful and well-conducted work, a pendant to ours, has for some years been published under the title of Revue de Droit Français et Etrangere. It is under the management of three able and learned men, Advocates Dr. Fœlix and Messrs. Duvergier and Valette. It has translated one of our late articles. The number just published contains a letter from Lord Brougham to the Procureur-General on the difference between our judicial system and that of France. It would be lamentable if the present factious clamour about English influence should keep the French from profiting by the lessons which our system is calculated to teach. Another able and learned work, Revue de Législation, is also conducted at Paris by lawyers of eminence.

NEW WORKS LATELY PUBLISHED.

The Theory and Practice of Conveyancing, with Precedents, an Analytical Table of Real Property; and recent Act to Simplify the Transfer of Real Property. By James Lord, of the Inner Temple, Esq., Barrister-at-Law. 12mo. 5s.

An Outline of the Practice in Lunacy, under Commissions in the nature of Writs de Lunatico Inquirendo, with an Appendix containing Forms and Costs of Proceedings. By Joseph Elmer, of the Office of the Commissioners in Lunacy. 12mo. 8s. 6d.

The Criminal Law, and its Sentences in Treasons, Felonies, and Misdemeanors, with a Supplement including all Statutable Alterations and Additions down to the present Time. By Peter Burke, Esq., of the Inner Temple, Barrister-atLaw.

8s.

512

A Complete Series of Precedents in Conveyancing and of Common and Commercial Forms, to which are added the latest Real Property Acts, with Notes and Decisions. By George Crabb, Barrister-at-Law. Third Edition, enlarged. 2 Vols. royal octavo. 31.

Concise Precedents in Conveyancing, adapted to the Act for Simplifying the Transfer of Real Property, (7 & 8 Vic. c. 76 ) with Notes By Charles Davidson of the Inner Temple, Barrister-at-Law.

12mo. 8s.

Burn's Justice of the Peace, 29th Edition. The Title "Poor" by Mr. Commissioner Bere, of the Exeter District Court of Bankruptcy; the rest of the Work by Thomas Chitty, Esq., of the Inner Temple. 6 Vols. 8vo. 61. 10s.

An Elementary Compendium of the Law of Real Property. By Walter Henry Burton, Esq. Sixth Edition. By E. P. Cooper, Esq., of the Middle Temple, Barrister-at-Law. 8vo. 11. 4s.

The Law of Party Walls and Fences, including the New Metropolitan Building Act, with Notes. By Humphry W. Woolrych, of the Inner Temple, Barrister-at-Law. 8vo. 12s.

A Practical Exposition of the Statute 7 & 8 Vic. c. 76. intituled "An Act to Simplify the Transfer of Property," with Precedents of Deeds required by that Act. By Thomas George Western, Esq., of the Middle Temple, intended as a Supplement to the Author's Precedents in Conveyancing, with Notes Practical and Critical. 8vo. 1s. 6d.

The New Bankrupt and Insolvent Acts. 2nd Edition, containing the Rules and Orders of 21st December, 1844. By R. Charnock, Esq., of the Inner Temple, Barrister-at-Law. 12mo. 3s.

The Reports of the most learned Sir William Saunders, Knt., late Lord Chief Justice of the King's Bench, of several Pleadings and Cases in the Court of King's Bench, in the Time of King Charles the Second, edited, with Notes and References to the Pleadings and Cases, by John Williams, one of his late Majesty's Serjeants-at-Law. 5th Edition. By John Patteson, of the Middle Temple, now one of the Judges of the Court of Queen's Bench, Edwards Vaughan Williams, of Lincoln's Inn, Esq., Barrister-at-Law. The 6th Edition. By Edward Vaughan Williams, Esq. 2 Vols. royal octavo. 41. 4s.

Report of the Proceedings under the Commission issued by the Lord Bishop of Exeter to inquire into the Complaints against the Rev. W. Blunt, Curate of Helston, &c. By W. M. Best, Esq., Barrister-at-Law. 8vo. 2s. 6d.

ERRATA.

Page 12. line 13 from bottom, for "matters on a procedure" read "matters or procedure."

27. 1. 10 from bottom,

for

read

"Are cornipedum et pulsu simularet equorum,"

"Ære et cornipedum cursu simularet equorum."

277. 1. 5. dele "long";

1. 6. insert "long" before "speech."

A Title-page, Index, &c. to Vol. I. will be published with the next Number.

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