EVENTS OF THE QUARTER.

NOTWITHSTANDING the solemn assurance volunteered in a speech from the throne, that law reform would receive the earliest and best attention of the government, they have hitherto done next to nothing in this department; and it was left for Lord Lyndhurst to propose a remedy for the most crying of all existing abuses -the ruinous delays of the Courts of Equity, resulting from the extraordinary accumulation of arrears. After waiting till the session was drawing towards its close, to see if the Lord Chancellor or the law officers of the crown had any measure in contemplation, he made a luminous exposition of the present state of these courts, and proved to demonstration that they were hopelessly inadequate to the work, not from any want of energy or capacity in the judges, but from the vast increase of business and the greater degree of deliberation very properly devoted to it. "I believe," said Lord Lyndhurst, "that they (the present equity judges) exercise more time and more energy upon it than any country ought to require of its judges. I am one of those persons who think that a judge should not occupy his mind totally with the administration of justice. There is not any pursuit which does not tend, if a man devotes himself exclusively to it, to narrow the intellect and contract the understanding. A judge ought to look abroad, and to cultivate literature and science, for the lights they so acquire reflect back on the bench, and afford force and vigour to the judgment they pronounce.' His proposal was to appoint an additional judge in Chancery, and an additional judge in the Exchequer, the latter to devote himself exclusively to the equity business of that court, and preside over the judicial committee of the privy council. The Lord Chancellor objected that Lord Lyndhurst's plan did not go far enough, and Lord Langdale seemed to give the preference to a more comprehensive scheme (mentioned in our last number) of his own; but both agreed that the evil was becoming intolerable, and that two new judges might at least lend a helping hand in diminishing it; yet neither would undertake the required bill, which Lord Lyndhurst, mindful of the fate of his former measures, declined; and though Mr. Spence has made a fresh appeal to the public, and Mr. Freshfield has brought the question regarding the Court of Exchequer before the House of Commons, both the Exchequer and the Chancery continue, and seem likely to continue, for some time longer as they

were.

The Custody of Infants Bill has passed the House of Commons with little opposition, and was received in the House of Lords in a manner which augurs well for its ultimate success. We allude particularly to the part taken by Lord Denman in the debate on the second reading: "The law (he said) as it now existed was cruel to the wife and debasing to the husband, allowing him with impunity to act the part of the base and corrupt tyrant, while it was ruinous both to the health and morals of the children, who could have no security so complete, when a profligate husband

had taken possession of them, as the occasional inspection of the mother, -by her having an opportunity of knowing what was their treatment and the exact situation in which they were placed." Lord Wynford moved the rejection of the bill, but did not press his amendment to a division; and Lord Brougham did not repeat his statement, that the fifteen judges had held up their thirty hands against the mea

sure.

Lord John Russell's Bill for remodelling the Courts of Quarter Sessions has made no progress, but the Metropolitan Police Court Bill has been favoured by the active patronage of the ministry, because they expect to get from it a good deal of patronage in return. Without quite agreeing in all the objections urged by Mr. Law in his able and spirited speech, we fully go along with him as to the inexpediency of trusting such appointments as those of London magistrates are henceforth to become, entirely to the discretion of the Home Secretary for the time being, who can have little acquaintance with the legal profession, and consequently small means of estimating the qualifications of the candidates; nor are our fears at all lessened by the recollection of the course pursued by Lord John Russell with reference to the borough magistrates, who have been generally appointed for their politics. The Bill for the Improvement of the County Courts has been referred to a select committee, who have reported in its favour, and made some important alterations. They recommend the judicial appointments to be vested in the Chancellor.

The serjeants are still kept in a harassing state of uncertainty as to their prospects, nor do we exactly understand the present state of the question regarding them. All we know is, that a Bill has been brought in, not to open or to close the Common Pleas, but simply to authorise barristers not of the coif to make or support motions touching the trial of any cause or issue tried elsewhere than in London or Middlesex in which they may have been originally engaged; from which the plain inference is, that all warrants infringing on the privileges of the serjeants are considered inoperative. London and Middlesex are excepted, to give the serjeants a monopoly of the whole business of the metropolis.

A bill has been introduced, under Dr. Lushington's auspices, for the reform of the Admiralty Court, and the judge is henceforth to receive a fixed salary, instead of a fluctuating income depending on the number of causes he may dispatch.

The Copyhold Enfranchisement Bill has been divested of the compulsory clauses, in consequence of the strong opposition made to them (a), and is now expected to pass. The Bill for Improving the Registration of Electors, and the Bill for Creating a Court of Appeal from the decisions of Revising Barristers, have now no chance of passing; and though a short declaratory act would have prevented nine-tenths of the uncertainty and apparent inconsistency periodically complained of, even this has been left unattempted by the ministry, in the firm confidence, no doubt, that the blame as usual will fall upon the barristers.

Mr. Serjeant Talfourd has withdrawn his Copyright Bill in consequence of the press of parliamentary business, which rendered perseverance hopeless during the present session. It will be brought forward early in the next, and must pass eventually, notwithstanding the narrow-minded opposition of Mr. Warburton, who exhibits the zeal of a bigot under the guise of a philosopher.

(a) The objections are stongly stated in A Letter to the Right Honourable Sir E. Knatchbull, relating to the Bill, &c.

A meeting of the attorneys and solicitors of Ireland was held in Dublin in June last, to oppose a section of the Irish bar, who, it seems, had it in contemplation to apply to parliament for a Bill to authorise the Allowance of Fees to Counsel in Proceedings by Civil Bill in the Sessions Court, where attorneys now enjoy a monopoly. Mr. Ford, the leading speaker, observed: "In Ireland, the barristers never practised at the Quarter Sessions, but they now say, 'Our brethren in England practise at Quarter Sessions, and receive half-guinea fees, and why should not we?' To this he would answer, that they had never in this country practised in these courts as a body, and why should they go there now? The barristers in England went to the Quarter Sessions, because rich England could afford to give them a half-guinea fee." We beg leave to assure Mr. Ford, that we have nothing at all analogous to the Civil Bill Court in England, and that an English barrister never receives less than a guinea at our Quarter Sessions, such as they are. Mr. Watt, the second speaker, "concluded by saying that it was a melancholy thing that the Irish barristers were working, not for the 10s. 6d., which the English barrister gets, but only for the fifteen-pence, the half of the 2s. 6d., given by statute to the attorney." It is to be hoped that the barristers of Ireland will get up a meeting to repel this imputation without delay.

Mr. Le Blanc has resigned his situation as one of the masters of the Queen's Bench. He is succeeded by Mr. C. R. Turner, a gentleman much esteemed at the bar, who had neither solicited nor entertained any expectation of the appointment up to the period when Lord Denman's intentions were made known. The choice, and the manner of it, do equal credit to both parties.

We understand that Sir William Horne has accepted the appointment of a Master in Chancery, vacant by the resignation of Mr. Martin.

LIST OF NEW PUBLICATIONS.

The Act for the Amendment of the Poor Laws, (4 & 5 Will. IV. c. 76,) with a Practical Introduction, Notes and Forms. Fifth Edition, with many valuable Additions. By John Frederick Archbold, Esq. Barrister at Law. In 12mo. price 8s. boards.

A Treatise on the Law of Limitations, with an Appendix of Statutes and Forms. By G. B. Mansel, Esq., Barrister at Law. In 12mo. price 6s. boards.

Commentaries on the Law of Nations. By W. Oke Manning, jun. Esq. In 8vo. price 14s. boards.

The Statute Criminal Law of England, as regards indictable Offences: arranged in Classes, according to the Degrees of Punishment, (forming the Appendix to the Fourth Report of the Commissioners on Criminal Law). With Notes. By James John Lonsdale, Esq. of Lincoln's Inn, Barrister at Law. In 8vo. price 14s. boards.

Questions on the Law of Real Property and Conveyancing; with Answers. By a Member of the Bar. In 12mo. price 4s. boards.

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A Treatise upon the Law and Practice of the Court for Relief of Insolvent Debtors, with an Appendix containing the Acts of Parliament, Rules of Court Forms, and Tables of Costs. By Edward Cooke, Esq. of the Middle Temple, Barrister at Law. Second Edition. In 8vo. price 16s. boards.

A New Law Dictionary, containing Explanations of such Technical Terms and Phrases as occur in the Works of the various Law Writers of Great Britain. To which is added, an Outline of an Action at Law and of a Suit in Equity. Designed expressly for the Use of Students. By Henry James Holthouse, Esq. Price 9s. boards.

A Practical Guide to Executors and Administrators; designed to enable them to execute the Duties of their Office with safety and convenience; comprising a Digest of the Law, Stamp Office and other Directions, Forms, Tables of Duties and Annuities, &c. &c. Intended also for the Use of Attornies and Solicitors. By Richard Matthews, of the Middle Temple, Esq. Barrister at Law. Second Edition, corrected to the present Time. In 12mo. price 9s. boards.

The Law of Parliamentary Elections, Part I. from the Issuing of the Writ to the Return of the Members. Including the last Alterations in the Qualifications of Members as fixed by the 1 & 2 Vict. c. 48. By B. Montagu, Esq. Q. C. and W. J. Neale, Esq. Barristers at Law. In 12mo. price 5s. 6d. boards.

The Theory and Practice of Conveyancing. By Solomon Atkinson, Esq. Barrister at Law. Second Edition. Vol. I. in 8vo. price 11. boards.

London: Printed by C. Roworth & Sons, Bell Yard, Temple Bar.

THE LAW MAGAZINE.

ART. I.-PRIVILEGES OF THE BAR-INFLUENCE OF LEGAL

STUDIES.

The Case of the Queen v. Disraeli. With an Argument in Vindication of the Practice of the Bar. By Joseph Stammers, Esq. Barrister at Law. 2d Edit. Lond. 1839. WE declined noticing this case at the time of its occurrence from an unwillingness to give pain, and it is beside our present purpose to discuss the personal considerations involved in it. But we have long wished for an opportunity of exposing sundry vulgar errors regarding the privileges and practice of the bar, and we can hardly hope to find a better one than the appearance of this pamphlet presents.

Mr. Stammers' argument consists of a concise statement of the precise nature of the principal privilege contended for, with the grounds on which it has been justified by the judges, and the principle on which, in his opinion, it is based. We shall adopt nearly the same method of proceeding so long as our objects are the same, but we have it in contemplation to go a little further than Mr. Stammers, and, after proving that the privileges of the bar are strictly consistent with good sense and good feeling as they stand, to prove that the ordinary practice of the profession,-involving, as it is supposed to do, the indiscriminate defence of right and wrong, and the most complete practical indifference to the guilt or innocence. of a client or the truth or falsehood of a case,-does not in reality exercise any bad mental or moral influence upon the mass..

Let us first understand clearly what we are talking about; for we certainly are not about to argue in favour of "the privilege of circulating falsehoods with impunity," nor were we aware, prior to the appearance of Mr. Disraeli's epistle, that the creed of the profession was, that they might say