county, and the parish have the same means of recovering from the parent as it now has to recover rates, with more summary powers if needed.

The general expenses of the establishments would be borne, first, by the produce of the land and work; secondly, the payments of parishes and parents; and thirdly, from the county rates. The first would go probably to defray rent of land and some portion of the food and clothing expenses, which would amount to from two to three shillings per inmate per week; the second would be so adjusted as to supply the balance; and the third fund would go to the establishment charges. The incidence of the burden would not thus fall heavily on any particular class, and its incidence moreover would be strictly local, and therefore just. It would fall on the parent, the parish, and the county of the crime. It would give precisely the right persons a strong inducement to prevent crimes.

The parishes especially would have a direct interest in preventing crimes by all kinds of reformatory means, schools, &c., and also by getting rid of tramps, and thus making their present pilgrimages somewhat disagreeable. The parish in which the crime was committed should be primarily liable for the expense of maintaining the culprit, which, as the produce of his labour will go far towards it, and the establishment charges fall on the county, would be very slight, and raise but little parochial opposition.

We are glad to find that a prize of 2001. has been offered for the best Essay on the subject by Lady It should be given, we think, to three best Essays, or two at least. Mr. M. D. Hill, Q. C., has the management of it.

It has been suggested to give counties time, say three years, to establish these schools voluntarily, and to do it afterwards compulsorily. We see no good in delay, but on the contrary much harm. We have already a criminal fry growing up which is thoroughly disgraceful to the country, and we believe unparalleled in any other. Surely every day lost is an evil. We are quite rich enough for the due administration of the laws, and probably were never better off since England was England, so that we have not poverty to plead as an excuse. Nevertheless, such is the universal parsimony of all local bodies, that to leave it to them to tax themselves for three years is simply to put it off for three years, no single advantage being gained by this procrastination.

ART. V.-DISTRICT COURTS OF BANKRUPTCY.

THIS is another of Lord Brougham's useful bills. Its objects

are

To restrict the jurisdiction of the Court of Bankruptcy to cases in which the petitioner in any matter of arrangement, or the trader in any matter of bankruptcy, shall have resided or carried on business for six months next immediately preceding the insolvency or bankruptcy within the city of London, or within the counties of Bedford, Berks, Buckingham, Essex, Herts, Kent, Middlesex, Surrey, and Sussex. To abolish entirely the District Courts of Bankruptcy, and the offices of the commissioners, registrars, and ushers, and to give to the judges of the County Courts jurisdiction in matters of arrangement and of bankruptcy in all cases where the petitioner or trader shall have resided elsewhere than in London and the nine counties aforesaid; affording to such of the commissioners as may be desirous of giving the country the benefit of their experience and services an opportunity of doing so, by becoming judges of the County Courts, and promoting the registrars who may be found to have the requisite qualification.

To appoint a chief commissioner of the Court of Bankruptcy, and further to reduce the number of commissioners, registrars, assignees, &c. acting in London.

To abolish the offices of the treasurers of the County Courts, and to substitute stamp duties in lieu of fees on all proceedings in the County Courts. And

To reduce expenses.

It is obvious that there is here a somewhat strange jumble of different matters, and we think it would have been very much better to have omitted from a bill on so important a subject as the abolition of Bankruptcy Courts and the transfer of their jurisdiction-legislating on the treasurers of County Courts.

The great feature and recommendation of the bill is to bring the jurisdiction nearer to the work. Lord Cottenham truly said— "If the court were 100 miles off, it was obvious that very great expense must be incurred. When the estate was to be seized by means of a messenger, if the court were in the neighbourhood, it was no expense for the messenger to go and possess himself of it; but if it were situated at any great distance, it was quite obvious that great expense must be incurred by the employment of a messenger for that purpose." So also as to the

choice of assignees, who are elected by the creditors; if these persons have to travel to a distance, they will either not go at all, or go at great expense and inconvenience. Another step is the proof of the debts, which must be done by the creditors going before the commissioners in person, or making affidavit. That can not be done without great expense if the court is at a distance from the residence of the bankrupt. Again, the realizing of the estate is difficult and expensive if the officers must act at a distance from the authority under which they are commissioned. Then came another proceeding-the division of the estate among the creditors, 5s. in the pound exceeding the average dividend.

All these things require ramified local courts all over the kingdom. All large towns should clearly have Bankruptcy Courts at their own doors, as Lord Brougham well said. There are now only seven courts holding their sittings in eleven country places. The new bill proposes that there shall be seventy, the old courts merging into an increased number of County Courts. So far there is an obvious gain to the country.

In the bill of last session it was proposed that the commissioners of the Court of Bankruptcy acting in the country, besides being continued commissioners of the court, as in section 5 of the present bill, and consequently retaining their full salaries and their right to retiring annuities, should also ex officio be judges of the County Courts, and act therein at such times or places as the Lord Chancellor might think fit to direct. This, however, was objected to on the ground that "having been appointed to an office, and appointed to it for life, it was a hardship, not to say an affront, to have that office extinguished and to be transferred to another and an inferior one;"-and it was said that "the imposition upon them of the duties of judges of the County Courts, in addition to the duties in bankruptcy, was a breach of faith, inasmuch as it was in reference to the latter alone that they had retired from practice and accepted office." On this account, and because it is at least doubtful whether any amalgamation of these commissioners with the County Court judges would ever work harmoniously, the bill has been altered in this respect; and now simply enacts, that the country commissioners shall be continued commissioners of the Court of Bankruptcy as proposed to be restricted, "leaving it to themselves, if they shall be disposed to do so, to give the country the benefit of their experience and services."

We devoutly hope they will decline the honour, and that the country will be spared this "benefit." It is a great mistake to talk of the inferior office of County Court judge. It requires ten times the amount of talent, skill and legal acquirements

required for bankruptcy administration; and, with the utmost deference to the commissioners, we believe some of them are wholly incompetent to sit in the much higher capacity of County Court judge-an office requiring aptitude and acquirements in the whole field of common law and evidence. Let these worthy gentlemen remain where they are-Ne sutor ultra crepidam. Many of them are far from juvenile, and will drop off at no very distant period. As they do, their eleven jurisdictions will be transferred one by one to the County Court of the district. This transference of bankruptcy business to the County Courts is perfectly natural. The judges of the latter are already au fait in insolvency, and between that and bankruptcy there is little difference.

The appointment of a chief commissioner (section 6), and the power to the Chancellor to appoint a person to act during the illness of a commissioner or registrar (sect. 8), were in Lord Brougham's Bankrupt Law Consolidation Bill, 1849, as it passed the House of Lords-the first being then a new proposal, and the second a re-enactment of section 86 of 5 & 6 Vict. c. 122.

A chief judicial officer is certainly needed, and in no court will the advantage be more felt than in the appointment of a chief commissioner in the Court of Bankruptcy, if he be conversant with the working of the whole system of the court, and with whom the different commissioners and County Court judges may communicate on matters connected with the administrative part of the system. It will be the duty of the chief commissioner to consider the necessary rules for regulating the practice of the court, the duties to be performed by the different officers, the forms of proceedings, and to secure a uniformity in the practice in the Court of Bankruptcy and in the County Courts. These advantages cannot be obtained by the mere imposition of certain additional duties on the senior commissioner. Those matters also which must be done by some one commissioner will be performed more satisfactorily to the public by a chief commissioner; and it is thought good policy, with regard to the efficient discharge of judicial duties, to have a chiefship to which all may naturally aspire.

The 7th section abolishes the offices of clerk of enrolments and registrar of meetings, and the chief registrar is to perform their duties.

During illness, &c., of commissioner or registrar, Lord Chancellor may authorize qualified person to act (s. 8). Records, proceedings, &c., now in offices of clerk of enrolments and registrar of meetings, are to be transferred to the office of chief registrar, &c. (s. 9).

The proper thing to be done is to consolidate the four offices. (chief registrar, secretary of bankrupts, clerk of enrolments, and registrar of meetings), as in article 41 of Lord Brougham's Bankrupt Law Consolidation Bill as it passed the House of Lords, and was sent down to the House of Commons on the 8th of June 1849, and whereby a saving of 33317. a year will be effected, leaving the salary of the chief registrar as it now stands.

Declarations of insolvency are to be filed in the district in which the trader shall reside, &c.

The Lord Chancellor is by this bill to appoint additional judges of County Courts; and such additional judges, and all judges of County Courts appointed subsequent to the passing of this act, are to reside within their respective districts; and no judge of any County Court is to practise as a barrister at law (s. 11). See Fifth Report of Common Law Commissioners.

We are still of opinion that it will be infinitely better to appoint these fifteen new judges as judges of equity courts with bankruptcy jurisdiction. They may very well hold such courts monthly in each county and divisions of counties. It will be a great deal better than giving the County Court judges too much work, and of too many kinds. The principle of a division of labour should be applied to them as to all other crafts, whether of head or hand. This is so obviously expedient, that we do not see why there can be any demur on the subject. The County Court judges doubtlessly may administer bankruptcy matters, but certainly not suits in equity, and it is immaterial whether they try the former or not, except as to distribution of business; but the latter they assuredly cannot administer properly, and practised men should be chosen for the purpose, with higher salaries. In fact the salaries should be in four classes; the lowest 10007. for those least worked; the second 12001. for the next class of work; the third 14007. for the three or four largest districts; and 1600/. for the fifteen new equity judges, who should also, as a matter of distribution of labour, have the Bankruptcy Courts, leaving the functions of the present judgeships just as they are. Good judges in each of the lower classes should be always promoted to the higher as they became vacant, if competent. Thus there would be an incentive to improvement and diligence, which is now wholly wanting. We should then no longer witness the scandal of judges lounging into their courts in great coats and hats, and thus attired knocking off the cases after the fashion of skittles. The decorum and judicial dignity with which some of these County Courts are held equals that of any court in the kingdom. The nonchalance,