Bail, their Liability, 191. 237. 264. Debts against real Estate, 262. Detainer of Insolvent Debtors, 411. NOTES OF PASSING EVENTS, 46. 78. 96. 111. 127. 221. 239. 352. 383. 396. 412. MINOR CORRESPONDENCE, 93. 106. 189. 224. 238. 256. 320. 335. 351. 382. 400. "We have entered into a Work touching Laws, in a middle term, between the speculative and reverend discourses of Philosophers, and the writings of Lawyers." BACON. INTRODUCTORY ADDRESS. necessarily confined to subjects affecting the public in some important particular, and those which are of less general interest, however essential to the legal practitioner, are unavoidably omitted. A work, therefore, of this description, has been contemplated for many years by several members of the profession, zealous for its IN tracing the means and mode of impart- although the newspapers have frequently ing amusement and communicating know-inserted professional articles, yet they are ledge at different stages of society, it is curious to observe, that each is distinguish ed by some peculiar characteristic. The taste of these latter days is in nothing so remarkable as in its attachment to PERIODICAL LITERATURE. Not only the tales of sentiment and passion,-of wit and humor,-of adventure and romance,- each in their turn make their wonted appearance, with the punc-good; and a large store of materials is already tuality of the merchant upon the Exchange; but the tomes of history and science, of biography and morals, are all presented in like revolutions of time. Instruction and entertainment are thus conveyed to countless multitudes, with a rapidity resembling the progress of light; and knowledge, which in former times could only be communicated personally by the preceptor to the pupil, is now circulated simultaneously, weekly, and even daily, in every town and village through the land. Amidst this circulation of practical and scientific information through the medium of the periodical press pervading every class of the community, it would be singular that so large a body as the practitioners of the law should longer neglect to avail themselves of its striking advantages. The intellectual spur which has been applied to all classes of society, renders it necessary that the members of every liberal profession should adopt correspondent means to retain the rank and station to which, as learned bodies, they are entitled, and which it would be the last disgrace to forfeit. In this view, it has been long matter of regret amongst several of the most active members of the profession, that there was no medium by which they could communicate their sentiments to their brethren in general; for, NO. 1. collected for insertion. The time at which the work should commence has hitherto remained undetermined, but in the present state of legal affairs amidst the changes which are projected, so extensively both in the law and its practical administration—it is deemed peculiarly appropriate to commence the publication without further delay. It is thus intended to establish an effectual channel of communication between professional men throughout the British dominious: enabling them, at whatever distance from the capital, not only to receive information of all passing events which may be generally interesting, but stimulating them in return to contribute the result of their own experience and reflection, and thus congregating a mass of legal information and research, which, scattered amongst men in all parts of the empire, could in no other way be so advantageously collected, or so generally diffused. It is a saying, hacknied as an ordinary proverb, that "the law is a dry study:" and it may appear therefore singular to announce the association of amusement with legal knowledge. Yet the professional antiquary well knows that his labour is often richly rewarded, as well by the solid instruction which he derives from his researches, as by the discovery of curious and interesting matter, calculated to B engage the attention, not only of the philosopher and historian, but of the humorist and the man of the world. Above all other subjects, in the universality of its stirring interest, we may notice the Biography and Anecdotes of eminent lawyers, -of men whose labours have conducted them to wealth and independence, and the highest honours of the state; whose profession at all times has stood high in political importance; and whose leading members have always been intimately connected with public affairs. It is our intention, therefore, to insert a series of articles, comprising not only those recently deceased, but the worthies of past times. We shall principally select such as have been distinguished for their meritorious elevation from the humbler to the higher ranks of the profession. Our reasons for this preference are obvious. These instances, by their striking vicissitude, will afford to the youthful student the strongest inducement to exertion. We shall especially note the early life of these ornaments of the law, trace the means by which their rise was promoted, and detail the difficulties they overcame. Even the general reader will feel interested in such a career; will admire the progress, and rejoice in the successful termination of a course, thus commenced in learned industry, conducted with well-applied talent, and arriving ultimately at the highest judicial honours. Nor, whilst we pay deserved respect to the bench and the bar, should we neglect that more numerous branch of the profession for which this work is principally designed, many of whose members have attained the highest station in their several departments of practice with the greatest integrity and honour, whose skill and industry have been rewarded with well-earned fortune; and the general esteem for whom has been abundantly testified, not only by their frequent appointment as the trustees and executors of the noblest and wealthiest families, but by the important and responsible offices which they have held in the public service. These sketches of early perseverance and final excellence will not fail to be acceptable, and we trust in no small degree advantageous, to the younger members of the profession, to whom we must look for the support of its future honour and independence, and the maintenance of its character for learning and intelligence. The first steps in their career It is also one of our pleasing anticipations that we shall be enabled to relieve, by the short and lighter articles of our Miscellanea, the anxieties of professional life, and the labours of professional duty. This department of our task, though less solemn than others, we trust will not be unproductive of agreeable reminiscence; and that, by the wit and vivacity of our contributors, we shall be enabled to beguile our brethren of their severer meditations, and to scatter over the walks of professional life a few of the flowers of literature. To our contributors and correspondents, we would address a few hints which may tend to the greater efficacy of their labours. It is reinarked by Lord Bacon, that to use too many circumstances, 'ere one come to the matter, is wearisome; to use none at all, is blunt." Gold is excellent, but it may be beaten over too large a surface. Our friends will allow us to condense their materials when they are too expanded, and we shall be well content to forego the accustomed homage to "our known impartiality," and "the wide circulation of our Journal." We have the most conciliating intentions, but we must execute our honourable trust with due discretion and firmness. We are desirous of avoiding whatever is petty and frivolous. Let the improvements which are suggested, through the medium of these pages, be important and comprehensive. Even the parliamentary and judicial summary should be confined to prominent points; all trifling and uninteresting details should be strictly avoided. If we dwindle into the recital of insignificant and paltry circumstances, we shall cease to be read with attention, and deserve the fate that will await us. We are also especially desirous that our pages should be free from personality. Let Administration of Justice in the Superior Law Courts. 3 improvements be proposed, and abuses pointed | perior courts of Westminster, with the same out, without acrimony towards individuals. The latter are often less reprehensible than is generally supposed: they are the mere instruments of the system. It is too much to expect the heroism of voluntary sacrifice; and until the system be changed, the abandonment of a lucrative office by one man would be instantly followed by the appointment of another of less scrupulous character. Let us sternly denounce the offence, but be merciful to the offender. The final Editor of the publication, to whom its general supervision has been confided, claims no merit in its composition. His duty is to suggest, to advise, and to collect the sentiments of his brethren. He may occasionally furnish some of the "raw material" of the work, but the skilful manufacture, the polish, and completion of the fabric, he leaves to his learned and able coadjutors. He claims only the possession of a zeal in behalf of his profession, which no exertion can tire, and no difficulties intimidate; which will cause him to rise with the first freshness of the morning, and to linger late in the silent hours of night: "The labour we delight in, physics pain." He is proud to promote the interests of a body of men who require from him nothing but justice and a fair hearing; who inculcate a strict integrity of purpose, and who leave him free to the exercise of the most determined impartiality; who are willing that the door of temperate discussion should be thrown open to all parties, and that the most liberal preference should be given to communications in which the interests of the public are in any way affected in the administration of justice, satisfied that the welfare of the community is identical with the best interests of the profession. powers as the others. Second, the alteconclusion of the terms. Third, the limiting ration and fixing of the commencement and of the sittings after term. Fourth, the fixing the Exchequer chamber as the Court of Appeal, by writ of error, from the judgment of Westminster, and the regulation of the all the superior courts of common law at mode of proceeding. Fifth, the empowering the judge, before whom persons may be convicted of felony or misdemeanour, tence at the Assizes, or sittings, instead of on records of the King's Bench, to pass sendeferring judgment until the ensuing term. Sixth, the admitting attornies of the other superior common law courts to practise in the practice of all the superior common law the Exchequer. Seventh, the assimilation of courts, by agreement between the judges. Eighth, the permission of bail to be justified at chambers, in term and vacation, whether the defendant is in custody or not. Ninth, the abolition of the Welsh and Chester local jurisdiction. Tenth, the change of the mode of rendering defendants in discharge of their bail. Eleventh, the alteration of the times of providing for landlords a more speedy mode of holding the quarter sessions. Twelfth, the proceeding by ejectment, and for the recovery of their premises, when their right accrues during, or immediately after, Hilary or Trinity terms. We here subjoin an analysis of the Act, and in our next number we shall offer some remarks on the changes effected by it. The Act is the 1st Wm. IV. c. 70. SEC. 1. gives power to the king to appoint an additional puisne judge in each of the superior law courts, to sit with the other judges in rotation, or as they shall agree among themselves in term, so that no more than three at a time shall sit in Banc, for the transacting term business, unless in the absence of the chief justice or chief baron; and one judge, while the others of the same court are sitting in Banc, may sit apart for the business of adding and justifying special bail, discharging insolvent debtors, administering oaths, receiving declarations required by statute, hearing and deciding upon matters on motion, and making rules and orders in causes, and business depending in the court to which such judge shall belong, in the same manner, and with the same force and validity, as may be done by the court sitting in Banc. SECS. 2 and 3 provide the amount of the additional judges' salary, and of their allowances on retiring. ting to matters over which those courts have a common jurisdiction, and which might, according to the practice of the court, be transacted by a single judge. ADMINISTRATION OF JUSTICE IN SEC. 4 empowers every judge to whatever THE SUPERIOR LAW COURTS. court he may belong, to sit in London and MidDURING the last session of parliament, Sir dlesex, for the trial of issues arising in any of the James Scarlett brought in à Bill, entitled said courts, and to transact business at cham"An Act for the more effectual Administra-bers, or elsewhere, depending in any of them, relation of Justice in England and Wales," which received the Royal assent on the 23d of July last. The changes effected by the Act, both in the law and in the practice of the courts, are numerous and important. First, the increase of the number of the judges, from twelve to fifteen, by the appointment of an additional puisne judge in each of the su SEC. 5, repeals the act of 3 Geo. IV. c. 102, for facilitating the despatch of business in the court of King's Bench, except so far as that act repeals the act of 1 and 2 Geo. IV. and except so far as relates to the last warrant issued. |