Page images
PDF
[merged small][ocr errors]

Court of quarter sessions of corporate cities or towns: it is therefore enacted—

Power to the recorder or other person presiding to form a second Court mid appoint a barrister to preside therein. Clerk of the peace in such cases may appoint an assistant. Recordtr may direct such Court to be adjourned. Proceedings preliminary to the exercise of the poirers hereby given.—That whenever it shall appear to such recorder or other person presiding as'aforesaid that the said quarter sessions are likely to last more than three days, including the day of assembling, it shall and may be lawful for such recorder or other person so presiding, at his discretion, but subject to the provisions hereinafter contained, to order a second Court to be formed, and to appoint by writing under his hand and seal a barrister at law, of not less than five years standing, to preside, and try such felonies and misdemeanors as shall be referred to him therein, whilst the said recorder or other person is sitting in such quarter sessions; and for the effectual execution of the powers of this act, such recorder or other person so presiding shall be empowered in such case to call upon the clerk of the peace, and such clerk of the peace is in such case hereby authorized and required to appoint an assistant, and such recorder or other person shall himself appoint an additional crier for such second Court, and such barrister shall be styled " assistant barrister," and shall exercise, for the time being, whilst the said recorder or other person is so sitting as aforesaid, the same powers as are exercised by the said recorder or other person presiding as aforesaid, and subject to the same rules and regulations; and the proceedings so had by and before such assistant barrister shall be as good and etlectual in the case to all intents and purposes as if the 6atne were had before the said recorder or other person so presiding as aforesaid, and shall be enrolled and recorded accordingly: Provided always, that if at any time during the sitting of such second Court the recorder or other person shall be of opiniou that it is no longer required, he may direct the assistant barrister, at a proper opportunity, to adjourn the same : Provided also, that no such recorder or other person so presiding as aforesaid shall at any time exercise the powers and discretion given by this act, unless it shall have been theretofore and before each such quarter sessions certified to him under the hand or bands of the mayor or of two of the aldermen of such corporate city or town, that the council of such corporate city or town have resolved that it will be expedient and for the benefit of the inhabitants thereof that the same should be exercised, nor unless the name of the barrister proposed to be appointed, in case such recorder or other person shall in the exercise of such discretion deem such appointment necessary, shall have at some previous time been transmitted to and approved of by one of his Majesty's principal secretaries of state as a fit and proper person to be from time to time so appointed, (s. 1.)

Remuneration to officers of said second Court. —That such assistant barrister shall be entitled to a remuneration of ten guineas per diem for each day that be shall so preside as aforesaid; and such assistant clerk of the peace shall be entitled to a remuneration of two guineas per diem; and such additional crier shall be entitled to a remuneration of half-a-guinca per dietn, for such time as they shall execute their respective offices in such second court; and such remuneration shall be paid by the treasurer of the borough out of the borough fund; and the recorder or other person presiding shall grant a certificate to such assistant barrister, such assistant clerk of the peace, and such additional crier respectively, stating the number of days that each shall have executed his several oil ce, and the amount that he is entitled to claim; and such certificate shall be a sufficient authority to the treasurer of the borough to pay the same, and shall be retained by him as a voucher for such payment: Pro vided always, that such assistant barrister, assistant clerk of the peace, or additional crier, shall not in any ease be entitled to claim remuneration for more than two days. (s. 2.)

Appointments not subject to duty.—That the appointments and certificates authorized and directed by this act shall not be subject to any stamp duty or other tax whatsoever, (s. 3.)

Tko or more justices at adjourned quarter sessions may sit apart for despatch of business. —And reciting that doubts have arisen whether it is lawful for the justices assembled at any adjourned quarter sessions of the peace held for any county, riding, or division, to carry into effect the provisions of the act passed in the fifty-ninth year of his late Majesty King George the Third as aforesaid: it is therefore enacted, that from and after the passing of this act it shall be lawful for the justices assembled at any adjourned quarter sessions of the peace for any county, riding, or division, on the first day that they shall assemble, should the state of the business be such at such adjourned quarter sessions as is likely to occupy more than three days, including the day of their being so assembled, to appoint two or more justices to sit apart from themselves in some place in or near the Court, there to hear and determine such business as shall be referred to them whilst others of the justices are at the same time proceeding in the despatch of the other business of the same Court; and the proceedings so had by and before such two or more justices so sitting apart shall be as good and effectual in the law to all intents and purposes as if the same were had before the Court assembled and sitting as usual in its ordinary place of sitting, and shall be enrolled and recorded accordingly. (s.4.)

This act may be amended, altered, or repealed by any other act to be passed in this present session, (s. 5.)

[ocr errors][merged small][merged small]

NOTICES OF NEW BOOKS.

An Introduction to the Study of the Civil Law. By David Irving, LL.D. Fourth Edition. London: Maxwell, 1837.

Although the general practitioner in the legal profession rarely possesses much knowledge of the Civil Law, and, according to the prevailing opinion, can have but little occasion for it, there is no doubt that the accomplished lawyer should make himself acquainted at least with an outline of the subject. To those who are inclined, and whose leisure enables them, to enter this ancient and classical region of juridical study, the work of Dr. Irving will be particularly welcome. It is written in a lively stile, abounding with acute criticism (occasionally perhaps a little too severe); displaying great learning and research, with infinite zeal in behalf of the study he recommends.

It will perhaps be a more useful course to our readers than any other we could adopt, if we limit our present notice to the author's observations on the Civil Law, so far as they bear on English Jurisprudence.

"In England (he observes) the civil law was publicly taught at a very early period. The first professor was Vacariusj whose history lias recently been illustrated in a separate volume by Dr. Wenck, a very learned civilian uf the university of Leipzig. Such a book could only huve proceeded from a German university: such is the proficiency, and such the assiduity of the German civilians, that they arc capable of deriving instruction, or of finding entertainment, where those of most other nations could perceive nothing but a barren waste. The name of Vacarius is nut unknown to those who are acquainted with the writings of Selden and Duck; and his services are stated in the following terms by an author of considerable note, Dr. Hurd, the late Bishop of Worcester: 'Matters continued on this tooting during the three first of the Norman reigns. The Prince did his utmost to elude the authority of the English laws; and the nation, on the other hand, laboured hard to confirm them. But a new scene was opened under King Stephen, by means of the Justinian laws; which had lately been recovered in Italy, and became at once the fashionable study over all Europe. It is certain that the Pandects were first brought amongst us in that reign; and that the reading of them was much favoured by Archbishop Theobald, under whose encouragement they were publicly read in England by Vacarius, within a short time after the famous Irnerius had opened his school at Bologna. There is something singular in the readiness with which this new system of law was embraced in these western parts of Europe. . .Vacarius had continued to teach it for

some time, in the Archbishop's Palace at Lambeth, to great numbers, whom first the novelty of the study, and then the fashion of the age, had drawn about him. The fame of the teacher was high, and the new science had made a great progress, when on a sudden it received a severe check, and from a quarter whence one should not naturally expect it. In short, the King himself interdicted the study of it. Some huve imagined that this inhibition was owing to the spite he bore to Archbishop Theobald. But the true reason seems to be, that the cannon law was first read by Vacarius at the same time, and under colour of the imperial. I think we may collect thus much very clearly from John of Salisbury, who acquaints us with this edict. For he considers it as an offence against the church, and expressly calls the prohibition an impiety.' • * *

"The academical study of the civil law seems thus to have commenced in England under auspices sufficiently favourable. That it made some progress at this early period, is sufficiently apparent from the trentise on the Laws and Customs of England, which is commonly ascribed to Ranulph Olanville, Chief Justice during the reign of Henry the Second. .Sir Matthew Hale has remarked, that although it perhaps was not written by him, yet it seems to have been wholly written at that time. According to the title of the book, it was composed in the time of Henry the Second, * justifies gubernacula teuente illustri viro Kanulpho de Olanvilla;' an inscription which by no means describes the Chief Justice as the author. From these words, says Lord Lyttelton, I infer that the book was not written by Glauville himself, 'but by some clergyman, under his direction and care; I say clergyman, because it is written in Latin, which could hardly be done by a layman of that age.' This treatise, to whatever author it may he ascribed, is the most ancient book now extant on the law of England. It is uot without considerable obligations to the civil law; aud the beginning of the prologue is little more than a transcript from the procemiuin of Justinian's Institutions."

Glanville, according to Dr. Irving, has servilely copied Justinian, and the author of Fleta has servilely copied Ghnville. It is well known (adds our author) that the Treatise ascribed to the Chief Justice was at a very early period adopted in Scotland, with a few changes and modifications; and that under this new form it bears the title of Regiam Majestatem, from the initial words of the prologue. Dr. Irving then contends that—

The influence of the Roman law on the law of England has been much more considerable than most lawyers are aware. Of the nature and extent of this influence, we cannot expect any sound estimate from individuals who are almost totally ignorant of the laws of

[merged small][merged small][ocr errors]

every country but their own; and as with ignorance prejudice is apt to inarch hand in hand, we cannot expect such individuals to be very willing to admit the probability of this opinion, to which they are incapable of applying the proper test. I do not venture to interpose any decision of my own; but it may here be proper and seasonable to produce the opinion of several competent judges. 'Inasmuch as the laws of all nations,' said the Lord Chief Justice Holt, 'are doubtless raised out of the ruins of the civil law, as all governments are sprung out of the Roman empire, it must be owned that the principles of our law are borrowed from the civil law, and therefore grounded upon the same reason in many things.' A similar opinion is delivered by Dr. Wood: ' Upon a review, I think it may be maintained that a great part of the civil law is part of the law of England, and interwoven with it throughout.' According to Dr. Cowell, the common law of England is nothing else but a mixture of the feudal and the Roman law. And in reference to the Pandects, Sir William Jones has hazarded the subsequent opinion: 'With all its imperfections, it is a most valuable mine of judicial knowledge; it gives law at this hour to the greatest part of Europe, and, though few English lawyers dare make such an acknowledgment, it is the true source of nearly all our English laws that are not of a feudal origin.' Many other testimonies might easily be added; but we already seem entitled to conclude, that to an English lawyer some knowledge of the civil law is by no means a superfluous or useless acquisition. Of this study I venture to extend my recommendation somewhat further than has been done by Roger North. 'Besides history,' he remarks, 'there are other sorts of learning most reasonable for a lawyer to have some knowledge of, though even superficial, as of the civil law. A man of the law would not be willing to stand mute to the question, what is the difference between the civil and the common law, what is the imperial law, what the canon, what the Pandects, Codes, &c.? It is not at all needful to study questions in these laws; but the rise and progress of them in gross is but a necessary knowledge, and so far taking up but little time, and hau by mere inspection of some books, and perusing their introductions.' For this recommendation, faint as it certainly is, I am inclined to give the writer some degree of credit. But of the importance of acquiring a knowledge of the civil law, a much higher estimate has been formed by several English lawyers of greater name; and at present I shall content myself with referring to the opinion and the example of Sir Matthew Hale. We are informed bv his biographer, Bishop Burnet, that 'he set himself much to the study of the Roman law, and though he liked the way of judicature in England by juries much better than that of the civil law, where so much was trusted to the judge, yet he often said, that the true grounds and reasons of law were so well delivered in the Digests, that a man could

never understand law as a science so well as by seeking it there, and therefore lamented much that it was so little studied in England.'

"The statute law of England respecting the distribution of the estates of intestates 'is in a great measure borrowed from the 118th Novel of Justinian; and the statute of distributions is known to have been prepared by a professional civilian, Sir Leoline Jenkins, Judge of the High Court of Admiralty. It may therefore be presumed that a familiar acquaintance with the original text must be of no small importance to a practical lawyer."

The author after adducing some illustrations, particularly the case of Wakefield for the abduction of Miss Turner, as to the necessity of a knowledge of the Civil Law, and its application to our judicial proceedings, proceeds as follows:

"There is one English Court which presents the most ample prospects of honour and emolument, and in which a competent knowledge of the civil law is confessedly of no small importance to the judges and practitioners. The forms of administering justice in the Court of Chancery are in a great measure derived from the Roman jurisprudence. The chancellors were for many ages dignified ecclesiastics, eminent for their skill in the civil and canon laws; and their assistants, the masters in Chancery, were, till a much later period, doctors in the same faculties. 'And (to speak with all due deference) if the other practitioners in this honourable and important seat of justice would sometimes condescend to look back upon the real sources of their proceedings, and correct some of their redundancies by the first principles of their profession, the civil law would not appear in a less favourable light, nor would the suitors be more burthened with delay and expense. One principal object of this Court arises from testamentary causes; in which it has in many instances an exclusive jurisdiction, in others, a concurrent one with the Ecclesiastical Courts. But as devises of lands were little known in the English constitution till the statutes of wills in the reign of Henry VIII., the professors of the common law were very poorly provided with the rules for determining such disputes as then began daily to arise, and to open an entire new scene of very lucrative business. The right of testation however being very free and unlimited in the Roman republic, they gladly resorted to that rich magazine of good sense; from whence they have imported very large and valuable materials, wherewith they have enlivened their more modern juridical writings; and have thereby much improved the system of public justice. Here therefore the civil law speaks with good effect, where the common law is silent or deficient; and deserves to be studied with great care and precision. And the same may be said of several other objects of this high jurisdiction.'"

We must, for the present, conclude with

[ocr errors][merged small]

the following notice of the Advocates at

Doctors' Commons:

"In the year I "68, it was enacted by the Senate [at Cambridge] that no candidate should he admitted to the degree of LL.B. without producing a certificate of his having attended the professor's lectures for three terms; and what has been found practicable in the one university, may he worth attempting in the other. Under the present system at Oxford, a bachelor of laws is not better trained in juridical studies than a bachelor of arts. His name must continue seven years on the boards, but the necessary period of his residence is only about four years. He continues nominally, though in too many cases not really, a student for five years longer, before he can be admitted to his doctor's degree; but if he declares his intention of following the profession of a civilian, he is permitted to take that degree in four years instead of five. Having thus been engaged in pursuing a shadow for eleven years, he is qualified to present himself at Doctors' Commons; and, after the expiration of his year of silence, may at length be qualified to plead in the Ecclesiastical and Admiralty Courts. If he has sufficiently imbibed the spirit of his foster-mother, he is likewise prepared to view with supreme contempt the graduates of all other universities except those of Oxford and Cambridge, doubtless with good reason; for what is Cujacius's knowledge of the civil law, or Van Espen's knowledge of the canon law, when put in competition with the multifarious advantages of keeping one's name for eleven long years on the books of some college in the magnificent University of Oxford? A graduate of another denomination once endeavoured to intrude himself into this learned society. It is not universally understood that the Archbishop of Canterbury enjoys the privilege of conferring degrees in all the faculties; nor do I think it superfluous to add that, so far as iny knowledge extends, this privilege has generally been exercised with sufficient propriety and reserve. Archbishop Herring having conferred the degree of doctor of laws on Jolin Hawkesworth, a very distinguished English writer, the new graduate made an attempt to be admitted as an advocate; but it was decided that a Lambeth degree did not impart the requisite qualification, nor are we aware that any similar question has since been moved. Dr. Kenrick has made the subsequent allusion to this unsuccessful attempt:

Repeatedly engross'd you see
The same by H—ks—th, LL.I).,

At Lambeth dubb'd a doctor!
He who, so learned in the laws,
Had practised, had he found a cause,

A client, or a proctor.

"To these anecdotes of the profession in England, I may add that no person in holy orders can be admitted a member of the College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts. This ques

tion was, within a recent period, decided in the case of Dr. Highmore, who, perhaps somewhat unluckily for himself, had successively directed his attention to the three learned professions. His objects and his pursuits appear to have been so various, that it may be worth while to mention that he had prosecuted his studies in at least four universities. Philology and divinity he studied at GGttingen, and he became a deacon of the church of England. He studied medicine at Leyden and Edinburgh, and in one of those universities he became a doctor of physic. The study of the civil law he prosecuted at Edinburgh and Cambridge, and in the latter university he took the degree of doctor of laws. Having at length made his election to adhere to the legal profession, he applied in due form to the Dean of the Arches, but was informed that, having taken deacon's orders, he could not be admitted a member of the college, such admission being expressly forbidden by the canons of the church. To this decision, which was confirmed by the Archbishop of Canterbury, he submitted with great reluctance; and he made a formal appeal to the public respecting a case in which the public could not be expected to feel any very deep interest. If he had first become an advocate, and had afterwards entered into holy orders, it is to be presumed that the two professions of divinity and law would, in that ense, have been declared equally incompatible. Dr. Taylor, having taken orders, ceased to be a member of the college, and consequently was no longer qualified to practise in the Courts at Doctors' Commons."

LOCAL AND PERSONAL ACTS.
1837,

DECLARED PUBLIC, AND TO BE JUDICIALLY
NOTICED.

1. An act to enable the corporation of Leicester to apply the proceeds of their real estates in payment of money borrowed for the purchase and enlargement of the gaol ami house of correction for the borough of Leicester.

2. An act for maintaining the causeway and turnpike road from (irigg's Quay in the parish of Uly Lelant, over Hayle River and Sands, and through Hayle Foundry, in the county of Cornwall, and for extending the said turnpike road from the western end of the said causeway towards Penzance.

3. An act to amend and enlarge the powers of an act passed in the first and second years of his present Majesty, for erecting a county hall and Courts of Justice, and also for providing accommodation for his Majesty's justices of assize in and for the county of Worcester.

4. An act for lighting with gas the town of Runcorn otherwise called Higher Runcorn and Lower Runcorn, and also the township or Chapelry of Halton, both in the parish of Runcorn in the county of Chester.

[merged small][ocr errors]

5. An act for making and maintaining a turnpike road along the south side of the river Dee in the county of Kincardine.

6. An act for repairing, maintaining, and improving the road from the town of Rochdale to near Hand Bridge near the town of Burnley and other roads communicating therewith, and for making and maintaining other roads also to communicate therewith, all in the county palatine of Lancaster.

7. An act to extend the powers and provisions of an act passed in the last session of parliament, for the more easy and speedy recovery of small debts within the hoiough of Leicester, to several other towns, parishes, and places in the county of Leicester.

8. An act for the more easy and speedy recovering small debts within the parish of Hinckley and other places therein mentioned in the counties of Leicester and Warwick.

9. An act for the more easy and speedy recovery of small debts within the town of Loughborough, and other places therein mentioned, in the counties of Leicesier and Nottingham.

10. An act for better paving, cleansing, lighting, watching, and improving the town of Whitby in the North Riding of the countv of York.

11. An act to enable the company of proprietors of the Bridgewater and Taunton canal navigation to continue the line of the canal below the town of Bridgewater, and for varying the powers of the several acts relative to the said canal.

12. An act to enable "The Licensed Victuallers and General Fire and Life Assurance Company" to sue and be sued in the name of the chairman, deputy chairman, or of any one of the directors of the said company, and for other purposes.

13. An act for forming and reijulatinsr a company to be called "The Patent Dry Gas Meter Company, " and to enable the said company to purchase certain letters patent.

14. An act for making and maintaining certain roads in the county of Aberdeen.

15. An act to enable the duke of Buccleuch and Queensberry to make and. maintain a pier at Granton in the parish of Cramond, and a road therefrom to join the road leading from Leith to Queeiisferry in the county of Edinburgh.

16. An act for more effectually repairing the road from the turnpike road between Gateshead and Hexham, near Lobley Hill in the county of Durham, to Burtryford in the parish of Stanhope in the same county, together with several branches therefrom.

17. An act for amending an act of his present Majesty, for repa ring the roads from Sevenoaks Common to Woodsgate, Tunbridge Wells, and Kipping's Cross, and from Tunbridge Wells to Woodsgate, in the County of Kent.

18. An act for better paving, cleansing, lighting, and otherwise improving the town of Carditt in the county of Glamorgan.

19. An act for better lighting with gas the town of Cardiff in the county of Glamorgan.

20. An act for better supplying with water the town and borough of Stamford, and places adjacent thereto, in the counties of Northampton and Lincoln.

21. An act for making a railway from Sheffield in the West Riding of the county of York to Manchester in the county of Lancaster.

22. An act for making and maintaining a railway from the town of Laucaster to the town of Preston in the county palatine of Lancaster.

23. An act to enable the North Midland Railway Company to alter the line of the said railway, and also to make two branches to communicate with the same.

24. An act for enabling the Manchester and Leeds railway company to vary the line of such railway, and for amending and enlarging the powers and provisions of the act relating thereto.

25. An act to enlarge and amend the powers and provisions of an act relating to the Whitby and Pickering railway in the North Riding of the county of York.

26. An act to amend an act passed in the last session of Parliament, for making a railway from Birmingham to (Jloucestcr, to extend the line of the said railway, and to make branches therefrom to the city of Worcester and the town of Tewkesbury.

27. An act for enabling the Liverpool and Manchester railway company to raise more money, and for amending and enlarging the powers and provisions of the several acts relating to the said railway.

28. An act to alter the line of the Preston and Wyre railway, and to amend the act relating thereto.

29. An act for making and maintaining a dock or docks at Wyre in the county palatine of Lancaster.

30. An act for establishing a company for the purpose of laying out and maintaining an ornamental park within the townships of Rusholme,Chorlton-upon-Mtdlock, and Mossside, in the county of Lancaster.

31. An act for building a briilge over the river Thames from Streailcy in the county of Berks to the opposite shore in the parish of Goring in the county of Oxford, and for making convenient approaches thereto.

32. An act for continuing, altering, and amending certain acts for regulating the police of the city of Edinburgh and the adjoining districts, and for other purposes relating thereto

33. An act for widening and improving the road from Halifax to Sheffield in the West Riding of the county of York, so far as relates to the third district of the said road; and for diverting the said district of road, and making a new line of road therefrom.

34. An act for improving and maintaining the road from Dryclough, through Shaw, New Hey, and Milnrow, to Rochdale, and other mails in the county of Lancaster.

35. An act for more effectually repairing, improving, and maintaining certain roads leading to and from the town of Llanrwst in the county of Denbigh.

« PreviousContinue »