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Court of quarter sessions of corporate cities or Remuneration 10 officers of said second Court. towns : it is therefore enacted

- That such assistant barrister shall be entitled

to a remuneration of ten guineas per die in for Power to the recorder or other person pre-each day that he shall so preside as aforesaid ; siding to form a second Court and appoint a and such assistant clerk of the peace shall be burrister to preside therein. Clerk of the peuce entitled to a remuneration of two guineas per in such cusps may appoint an assistant. Recorder diem ; and such additional crier shall be enmay direct such Court lo be adjuurned. Pro.titled to a remuneration of half-a-guinea per ceedings preliminury to the exercise of the diem, for such time as they shall execute their pourers hereby given.—That whenever it shall respective offices in such second court; and appear to such recorder or other person pre- such remuneration shall be paid by the treasiding as aforesaid that the said quarter sessions surer of the borough out of the borough fund; are likely to last more than three days, includ- and the recorder or other person presiding ing the day of assembling, it shall and may be shall grant a certificate to such assistant barrislawful for such recorder or other person so ter, such assistant clerk of the peace, and such presiding, at his discretion, but subject to the additional crier respectively, stating the num. provisions hereinafter contained, to order a ber of days that each shall have executed his second Court to be formed, and to appoint by several off ce, and the amount that he is enwriting under his hand and scal a barrister at titled to claim; and such certificate shall be a law, of not less than five years standing, to sufficient authority to the treasurer of the preside, and try such felonies and misdemea- borough to pay the same, and shall be retained nors as shall be referred to him therein, whilst | by him as a voucher for such payment: Pro the said recorder or other person is sitting in vided always, that such assistant barrister, such quarter sessions; and for the effectual assistant clerk of the peace, or additional crier, execution of the powers of this act, such re- shall not in any case be entitled to claim recorder or other person so presiding shall be muneration for inore than two days. (s. 2.) empowered in such case to call upon the clerk Appointments not subject to duty. That the of the peace, and such clerk of the peace is in appointments and certificates authorized and such case hereby authorized and required to directed by this act shall not be subject to any appoint an assistant, and such recorder or other stainp duty or other tax whatsoever. (s. 3.) person shall himself appoint an additional crier Tro or more justices at adjourned quarter for such second Court; and such barrister shall sessions may sit apart for despatch of business. be styled “assistant barrister,” and shall ex-1 -And reciting that doubts have arisen wheercise, for the tiine being, whilst the said re-ther it is lawful for the justices assembled at corder or other person is so sitting as aforesaid, any adjourned quarter sessions of the peace the same powers as are exercised by the said held for any county, riding, or division, to recorder or other person presiding as aforesaid, carry into effect the provisions of the act and subject to the same rules and regulations; I passerl in the fifty-ninth year of his late Maand the proceedings so bad by and before such jesty King George the Third as aforesaid: it assistant barrister shall be as good and efiec- is therefore enacted, that from and after the tual in the case to all intents and purposes as passing of this act it shall be lawful for the if the same were had before the said recorder justices assembled at any adjourned quarter or other person so presiding as aforesaid, and sessions of the peace for any county, riding, shall be enrolled and recorded accordingly : or division, ou the first day that they shall Provided always, that if at any time during the assemble, should the state of the business be sitting of such second Court the recorder or such at such adjourned quarter sessions as is other person shall be of opinion that it is no likely to occupy more than three days, inlonger required, he may direct the assistant cluding the day of their being so asseinbled, barrister, at a proper opportunity, to adjourn to appoint two or more justices to sit apart the same : Provided also, that no such recorder from themselves in soune place in or near the or other person so presiding as aforesaid shall Court, there to hear and determine such busi. at any time exercise the powers and discretion uess as shall be referred to them whilst others given by this act, unless it shall have been of the justices are at the same time proceeding theretofore and before each such quarter in the despatch of the other business of the sessions certified to him under the hand or same Court; and the proceedings so had by hands of the mayor or of two of the aldermen and before such two or more justices so sitting of such corporate city or town, that the council apart shall be as good and effectual in the law of such corporate city or town have resolved to all intents and purposes as if the same were that it will be expedient and for the benefit of had before the Court assembled and sitting the inhabitants thereof that the same should be as usual in its ordinary place of sitting, and exercised, nor unless the name of the barrister shall be enrolled and recorded accordingly. proposed to be appointed, in case such recorder (s. 4.) or other person shall in the exercise of such This act may be ainended, altered, or rediscretion deem such appointment necessary, pealed by any other act to be passed in this shall have at some previous time been trans- present sessio... (s. 5.) mitted 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.)

334

Notices of New Books : Irving on the Study of the Civil Law.

NOTICES OF NEW BOOKS.

some time, in the Archbishop's Palace at Lainbeth, tu great numbers, whom first the novelty

of the study, and then the fashion of the age, An Introduction to the Study of the Civil had drawn about him. The fame of the

Law. By David Irving, LL.D. Fourth teacher was high, and the new science had Edition. London : Maxwell, 1837. narle a great progress, when on a sudden it

received a severe check, and from a quarter ALTHOUGH the general practitioner in the whence one should not naturally expect it. legal profession rarely possesses much know. In short, the King himself interdicted the ledge of the Civil Law, and, according to study of it. Some have imagined that this in. the prevailing opinion, can have but little bibition was owing to the spite he bore to occasion for it, there is no doubt that Archbishop Theobald. But the true reason the accomplished lawyer should make him

seems to be, ihat the cannon law was first

read by Vacarius at the same time, and under self acquainted at least with an outline of

colour of the imperial. I think we may colthe subject. To those who are inclined, I lect thus much very clearly from John of and whose leisure enables them, to enter Salisbury, who acquaints us with this edict. this ancient and classical region of juridical For he considers it as an offence against the study, the work of Dr. Irving will be par-church, and expressly calls the prohibition an ticularly welcome. It is written in a lively impiety. * * stile, abounding with acute criticism (oc

6. The academical study of the civil law casionally perhaps a little too severe); dis

seems thus to have commenced in England

under auspices sufficiently favourable. That playing great learning and research, with

it made some progress at this early period, is infinite zeal in behalf of the study he re- sufficiently apparent froin the treatise on the commends.

Laws and Customs of England, which is com. It will perhaps be a more useful course monly ascribed to Ranulph Glanville, Chief to our readers tl.an any other we could Justice during the reign of Henry the Second. adopt, if we limit our present notice to the

Sir Matthew Hale has remarked, that although

it perhaps was not written by him, yet it seems author's observations on the Civil Law, so

to have been wholly written at that time. Acfar as they bear on English Jurisprudence. I cording to the title of the book, it was com

“In England (he observes) the civil law posed in the time of Henry the Second, ‘jus. was publicly taught at a very early period. ticiæ gubernacula tenente illustri viro Ranul. The first professor was Vacarius ; whose his-pho de Glanvilla;' an inscription which by no tory has recently been illustrated in a separate means describes the Chief Justice as the volume by Dr. Wenck, a very learned civilian author. From these words, says Lord Lyttel. of the university of Leipzig. Such a book ton, I infer that the book was not written by could only have proceeded froin a Gerinan Glanville himself, but by some clergyman, university: such is the proficiency, and such ander his direction and care; I say clergyman, the assiduity of the German civilians, that they because it is written in Latin, which could are capable of deriving instruction, or of find. hardly be done by a layman of that age. This ing entertainment, where those of most other treatise, to whatever author it may be ascribed, nations could perceive nothing but a barren is the most ancient book now extant on the waste. The name of Vacarius is not unknown law of England. It is not without considerable to those who are acquainted with the writings obligations to the civil law; and the beginning of Selden and Duck; and his services are of the prologue is little more than a transcript stated in the following terins by an author of from the prociniain of Justinian's Institu. considerable note, Dr. Hurd, the late Bishoptions." of Worcester: Matters continued on this footing during the three first of the Norman

Glanville, according to Dr. Irving, has reigns. The Prince did his utmost to elude servilely copied Justinian, and the author the authority of the English laws; and tle of Fleta has servilely copied Glanville. It nation, on the other hand, laboured hard to is well known (adds our author) that the confirm them. But a new scene was opened

Treatise ascribed to the Chief Justice was under King Stephen, by means of the Justinian laws; which had lately been recovered iu Italy,

at a very early period adopted in Scotland, and became at once the fasbionable study over

over with a few changes and modifications; and all Europe. It is certain that the Pandects that under this new form it bears the title were first brought amongst us in that reign; of Regiam Majestatem, from the initial and that the reading of them was inuch fa- words of the prologue. Dr. Irving then voured by Archbishop Theobald, under whose contends thatencouragement they were publicly read in England by Vacarius, within a short time after “ The influence of the Roman law on the The famous Irnerius had opened his school at law of England has been much more consiBologna. There is something singular in the derable than most lawyers are aware. Of the readiness with which this new system of law nature and extent of this influence, we cannot was embraced in these western parts of Eu-expect any sound estimate from individuals rope. ..Vacarius had continued to teach it for who are almost totally ignorant of the laws of

Notices of New Books : Irving on the Study of the Civil Law.

335

every country but their own; and as with | never understand law as a science so well as ignorance prejudice is apt to march hand in by seeking it there, and therefore lamenteu hand, we cannot expect such individuals to be much that it was so litile studied in England.' vers willing to admit the probability of this “The statute law of England respecting the opinion, to which they are incapable of apply-distribution of the estates of intestates ‘is in a ing the proper test. I do not venture to inter great measure borrowed from the 118th Novel pose any decision of my own; but it may here of Justinian ; and the statute of distributions be proper and seasonable to produce the opi. is known to have been prepared by a profes. nion of several competent judges. Inasmuch sional civilian, Sir Leoline Jenkins, Judge of as the laws of all nations,' said the Lord Chief. the High Court of Admiralty. It may there. Justice Holt, are doubtless raised out of the fore be presumed that a familiar acquaintance ruins of the civil law, as all governments are with the original text must be of no small imsprung out of the Roman empire, it must be portance to a practical lawyer.” owned that the principles of our law are borrowed from the civil law, and therefore

The author after adducing some illustragrounded upon the same reason in many | tions, particularly the case of Wakefield things.' A similar opinion is delivered by for the abduction of Miss Turner, as to the Dr. Wood : • Upon a review, I think it may necessity of a knowledge of the Civil Law, be maintained that a great part of the civil and its application to our judicial proceedlaw is part of the law of England, and inter

ings, proceeds as follows: woren with it throughout.' According to Dr. Cowell, the common law of England is “There is one English Court which prenothing else but a mixture of the feudal and sents the most ample prospects of honour and the Roman law. And in reference to the emolument, and in which a competent knowPandects, Sir William Jones has hazarded the ledge of the civil law is confessedly of no small subsequent opinion: With all its imperfec- importance to the judges and practitioners. tions, it is a most valuable mine of judicial The forms of administering justice in the knowledge; it gives law at this hour to the Court of Chancery are in a great measure greatest part of Europe, and, though few Eng. derived froin the Roman jurisprudence. The lish lawyers dare make such an acknowledg-chancellors were for many ages dignified ecclement, it is the true source of nearly all our siastics, eminent for their skill in the civil and English laws that are not of a feudal origin,' canon laws; and their assistants, the masters Many other testimonies might easily be added ; in Chancery, were, till a much later period, but we already seem entitled to conclude, that doctors in the saine faculties. 'And (to speak to an English lawyer some knowledge of the with all due deference) if the other practicivil law is by no means a superfluous or use- tioners in this honourable and important seat less acquisition. Of this study I venture to of justice would sometimes condescend to look extend iny recommendation somewhat further back upon the real sources of their proceedthan has been done by Roger North. 'Be- ings, and correct some of their redundancies sides history,' he remarks, there are other by the first principles of their profession, the sorts of learning most reasonable for a lawyer civil law would not appear in a less favourable to have soine knowledge of, though even light, nor would the suitors be more bursuperficial, as of the civil law. A man of the thened with delay and expense. One prinlaw would not be willing to stand mute to the cipal object of this Court arises from teslaquestion, what is the difference between the mentary causes; in which it has in many civil and the common law, what is the imperial instances an exclusive jurisdiction, in others, law, what the canon, what the Pandects, a concurrent one with the Ecclesiastical Courts. Codes, &c.? It is not at all needful to study But as devises of lands were little known in questions in these laws; but the rise and pro- the linglish constitution till the statutes of gress of them in gross is but a necessary know-wills in the reign of Henry VIII., the profesledge, and so far taking up but little time, and sors of the common law were very poorly prohad by mere inspection of some books, and vided with the rules for determining such disperusing their introductions. For this recom- putes as then began daily to arise, and to open mendation, faint as it certainly is, I am in an entire new scene of very lucrative business. clined to give the writer some degree of credit. The right of testation however being very free But of the importance of acquiring a know- and unlimited in the Roman republic, they ledge of the civil law, a much higher estimate gladly resorted to that rich magazine of good has been formed by several English lawyers of sense; from whence they have imported very greater name; and at present I shall content large and valuable materials, wherewith they myself with referring to the opinion and the have enlivened their more modern juridical example of Sir Matthew Hale. We are in writings; and have thereby much improved formed by his biographer, Bishop Burnet, that the system of public justice. Here therefore • he set himself much to the study of the the civil law speaks with good effect, where Roman law, and though he liked the way of the common law is silent or deficient; and judicature in England by juries much better deserves to be studied with great care and pre. than that of the civil law, where so much was cision. And the same may be said of several trusted to the judge, yet he often said, that the other objects of this high jurisdiction.'" true grounds and reasons of law were so well delivered in the Digests, that a man could We must, for the present, conclude with

336

Notices of New Books.- Local and Personal Acts.

the following notice of the Advocates attion was, within a recent period, decided in Doctors' Commons :

the case of Dr. Highmore, who, perhaps soine

what unluckily for himself, had successively “In the year 1768, it was enacted by the directed his attention to the three learned Senate sat Cambridge that no candidate

professions. His objects and his pursuits apshould be admitted to the degree of LL.B.

pear to have been so various, that it may be without producing a certificate of bis having

bis having worth wbile to mention that he had prosecuted attended the professor's lectures for three his studies in at least four universities. Philo. terms; and what has been found practicable in

logy and divinity he studied at Göttingen, and the one university, may be worth attempting in he became a deacon of the church of England. the other. Under the present system at Ox. He studied medicine at Leyden and Edinford, a bachelor of laws is not better trained in

burgh, and in one of those universities be bejuridical studies than a bachelor of arts. His came a doctor of physic. The study of the mame must continue seven years on the boards, but the necessary period of his residence is bridge, and in the latter university he took the

civil law he prosecuted at Edinburgh and Cam. only about four years. He continues nomi

degree of doctor of laws. Having at length ually, though in too many cases not really, a made his election to adhere to the legal prostudent for five years longer, before he can be

fession, he applied in due form to the Dean of admitted to his doctor's degree; but if he de- the Arches." but was informed that, having clares his intention of following the profession of a civilian, he is permitted to take that de- mitted a member of the college, such adinis.

taken deacon's orders, he could not be ad. gree in four years instead of five. Having sion being expressly forbidden by the canons thus been engaged in pursuing a shadow for

of the church. Tó this decision, which was eleven years, he is qualified to present himself

confirmed by the Archbishop of Canterbury, at Doctors' Commons; and, after the expira.

he submitted with great reluctance; and he tion of his year of silence, may at length be

made a formal appeal to the public respecting qualified to plead in the Ecclesiastical and

a case in which the public could not be exAdmiralty Courts. If he has sufficiently inn

pected to feel any very deep interest. If be bibed the spirit of his foster-mother, he is likewise prepared to view with supreme contempt

had first become an advocate, and had afterthe graduates of all other universities except sumed that the two professions of divinity and

wards entered into holy orders, it is to be prethose of Oxfori and Cambridge, doubtless within

law would, in that case, have been declared good reason; for wbat is Cujacius's knowledge equally incompatible. Dr. Taylor, having taken of the civil law, or Van Espen's knowledge of

orders, ceased to be a member of the college, the canon law, when put in competition with

and consequently was no longer qualified to the multifarious advantages of keeping one's

practise in the Courts at Doctors' Commons." 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

LOCAL AND PERSONAL ACTS, learned society. It is not universally under

1837, stood that the Archbishop of Canterbury en-| DECLARED PUBLIC, AND TO BE JUDICIALLY joys the privilege of conferring degrees in all

NOTICED. the faculties; nor do I think it superfluous to add that, so far as my knowledge extends,

1. An act to enable the corporation of Leithis privilege has generally been exercised with | sufficient propriety and reserve. Archbishop

cester to apply the proceeds of their real es. Herring having conferred the degree of doc

tates in payment of money borrowed for the tor of laws on John Hawkesworth, a very dis

purchase and enlargement of the gaol and tinguished English writer, the new graduate

| house of correction for the borough of Lei

cester. made an attempt to be adınitted as an advo. cate; but it was decided that a Lambeth de

2. An aet for maintaining the causeway and gree did not impart the requisite qualification,

turnpike road from Grigg's Quay in the parish

of Uly Lelant, over Hayle River and Sands, nor are we aware that any similar question has since been inoved. Dr. Kenrick has made the

and through Hayle Foundry, in the county of subsequent allusion to this unsuccessful at

Cornwall, and for extending the said turnpike

road from the western end of the said causetempt :

way towards Penzance. Repeatedly engross'd you see

3. An act to amend and enlarge the powers The same by H-ks-ih, LL.D.,

of an act passed in the first and second years At Lambeth dubb'd a doctor!

of his present Majesty, for erecting a county He who, so learned in the laws,

ball and Courts of Justice, and also for pro. Had practised, had he found a cause,

viding accommodation for his Majesty's jusL' A client, or a proctor.

tices of assize in and for the county of

Worcester. “ To these anecdotes of the profession in 4. An act for lighting with gas the town of England, I may add that no person in holy Runcorn otherwise called Higher Runcorn orders can be admitted a member of the Cold, and Lower Runcorn, and also the township or lege of Doctors of Law exercent in the Eccle-Chapelry of Halton, both in the parish of siastical and Admiralty Courts. This ques. | Runcorn in the county of Chester.

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5. An act for making and maintaining al 20. An act for better supplying with water turnpike road along the south side of the river the town and borough of Stamford, and places Dee in the county of Kincardine.

adjacent thereto, in the counties of Northamp6. An act for repairing, maintaining, and ton and Lincoln. improving the road from the town of Roch- 21. An act for making a railway from Shef. dale to near Hand Bridge near the town of field in the West Riding of the county of York Burnley and other roads communicating there to Manchester in the county of Lancaster. with, and for making and maintaining other 22. An act for making and maintaining a roads also to communicate therewith, all in the railway from the town of Lancaster to the county palatine of Lancaster.

town of Preston in the county palatine of 7. An act to extend the powers and provi- Lancaster. sions of an act passed in the last session of 23. An act to enable the North Midland parliament, for the more easy and speedy re- Railway Company to alter the line of the said covery of small debts within the borongh of railway, and also to make two branches to Leicester, to several other towns, parishes, and communicate with the same. places in the county of Leicester.

21. An act for enabling the Manchester and 8. An act for the more easy and speedy re- Leeds railway company to vary the line of such covering small debts within the parish of railway, and for amending and enlarging the Hinckley and other places therein mentioned | powers and provisions of the act relating in the counties of Leicester and Warwick. thereto.

9. An act for the more easy and speedy re. 25. An act to enlarge and amend the powers covery of small debts within the town of and provisions of an act relating to ibe Whitby Loughborough, and other places therein men- and Pickering railway in the North Riding of tioned, in the counties of Leicester and Not the county of York. tinghain.

26. An act to amend an act passed in the 10. An act for better paving, cleansing, last session of Parliament, for making a rail. lighting, watching, and improving the town of way from Birmingham to Gloucester, to extend Whitby in the North Riding of the county of the line of the said railway, and to make York.

branches therefrom to the city of Worcester ll. An act to enable the company of pro- and the town of Tewkesbury. prietors of the Bridgewater and Taunton 27. An act for enabling the Liverpool and canal navigation to continue the line of the Manchester railway company to raise more canal below the town of Bridgewater, and for money, and for ainending and enlarging the varying the powers of the several acts relative powers and provisions of the several acts relato the said canal.

ting to the said railway. 12. An act to enable “ The Licensed Vic- 28. An act to alter the line of the Preston tuallers and General Fire and Life Assurance and Wyre railway, and to amend the act reCompany" to sue and be sued in the naine of lating thereto. the chairman, deputy chairman, or of any one 29. An act for making and maintaining a of the directors of the said company, and for dock or docks at Wyre in the county palatine other purposes.

of Lancaster. 13. An act for forining and regulating a 30. An act for establishing a company for company to be called “ The Patent Dry Gas the purpose of laying out and maintaining an Meter Company,” and to enable the said com- ornamental park within the townships of pany to purchase certain letters patent. . Rusholme, Chorlton-upon-Medlock, and Moss

14. An act for making and maintaining cer- | side, in the county of Lancaster. tain roads in the county of Aberdeen.

31. An act for building a bridge over the 15. An act to enable the duke of Buccleuch river Thames from Streatley in the county of and Queensberry to make and maintain a pier | Berks to the opposite shore in the parish of at Granton in the parish of Cramond, and a | Goring in the county of Oxford, and for maroad therefrom to join the road leading from king convenient approaches thereto. Leith to Queensferry in the county of Edin- 32. An act for continuing, altering, and burgh.

amending certain acts for regulating the 16. An act for more effectually repairing police of the city of Edinburgh and the adjointhe road from the turnpike road between ing districts, and for other purposes relating Gateshead and Hexham, near Lobley Hill in thereto the county of Durham, to Burtryford in the 33. An act for widening and improving the parish of Stanhope in the saine county, to road from Halifax tv Sheffield in the West gether with several branches therefrom. Riding of the county of York, so far as relates

17. An act for amending an act of his pre- to the third district of the said road; and for sent Majesty, for repairing the roads from diverting the said district of road, and making Sevenoaks Common to Woodsgate, Tunbridge a uew line of road therefrom. Wells, and Kipping's Cross, and from Tun- 34. An act for improving and maintaining bridge Wells to Woodsgate, in the County of the road from Dryclough, through Shaw, New Kent.

| Hey, and Milnrow, to Rochdale, and other 18. An act for better paving, cleansing, roads in the county of Lancaster. lighting, and otherwise improving the town of 35. An act for more effectually repairing, Cardit in the county of Glamorgan.

improving, and maintaining certain roads 19. An act for better lighting with gas the leading to and from the town of Llanrwst in town of Cardiff in the county of Glamorgan. 'the county of Denbigh.

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