excited in Scotland on the subject of the Assimilation of Laws; and they justified the Council in making the following statement in their Report. In proposing "a comprehensive digest, consolidation, and codification of the whole Statute and Common Law," they say: "If there be any part of it which more calls for it than another, it is, perhaps, the Commercial Law, as to which some steps have been taken, and as to which a great interest has been expressed as well in Scotland as in England by many important commercial bodies and meetings." And we shall not be surprised that at the meeting at which this Report was read it was moved by the Earl of Harrowby, and seconded by Mr. William Hawes, "That steps should be taken for the consolidation of the Statute and Common Law of this country," or that this resolution should be carried unanimously. In our last Number (August, Art. IX.), we alluded to some of the steps which, in pursuance of this resolution, were about to be taken by the Society in this matter; and we refer to this Article for the purpose of correcting a slight error which we made in it. We there printed a letter signed by Lord Harrowby, as chairman of the committee appointed to consider the object of the Assimilation of the Commercial Law of England, Scotland, and Ireland, and we then stated that "this letter has already been heartily responded to wherever it has been sent; " the fact being that it had not been then regularly sent by the Committee, but only personally communicated. It has been since regularly issued by the Committee, and it may be convenient here to reprint it : 66 Society for Promoting the Amendment of the Law, "Sir, The Committee of this Society appointed to consider the subject of the Assimilation of the Commercial Law of England, Scotland, and Ireland have received a circular letter from the Edinburgh Committee for the Amendment and Consolidation of Commercial Law, containing a suggestion for holding a General Meeting of deputations of all chambers of commerce and other societies, to consider the amendment and consolidation of Commer cial Law; and they have resolved, after mature consideration, that it would be desirable to hold a conference of deputations of town councils, chambers of commerce, and public bodies, in London, on the 16th of November next, to consider this important object. "I shall therefore be obliged by your informing me whether it will be convenient for a deputation from you to attend such general meeting. After receipt of your reply, more detailed information will be forwarded to you. "I am, Sir, your obedient servant, " HARROWBY, "Chairman of the Committee." A similar letter has been issued to various distinguished individuals, and we are in a condition to state that both letters have been most cordially responded to, and that deputations from many public bodies have agreed to attend. The following chambers of commerce will send deputations which we give without much regard to due order — Cork (to be represented by its members, who will be requested to attend). Besides these, many peers, members of Parliament, and other eminent persons, of all political parties, have expressed their cordial approbation of the object, and declared their intention of being present. Lord Brougham, the President of the Society, will preside. The following Societies will also be represented: Incorporated Law Society. Metropolitan and Provincial Law Association. Manchester Law Society. Bath Commercial and Literary Institution (by the Mayor and four others). Aylesbury Literary Association. The City of London will be represented by the Lord Mayor (Mr. Alderman Challis, M. P.), the Sheriffs, and Mr. Alderman Copeland, M. P. Some of the Foreign Ambassadors will also be present as friendly to the movement. They will probably on this occasion be represented by M. Van de Weyer, the Belgian Minister. But as what we write must necessarily be imperfect, as well as to the attendance of individuals as the representation of public bodies, it may be sufficient to say that enough has been done to satisfy us that a most interesting, influential, and important meeting will take place on the 16th of November. It is the first time, so far as we are aware, that the public has shown an interest in the question of scientific Law Reform which is involved in CODIFICATION, and we believe that the first stone of a great national edifice is very shortly to be laid. POSTSCRIPT. PARLIAMENT is now about to meet more disposed, we fear, for party conflict than for the cool and calm discussion of the necesThere are some sary measures for the Amendment of the Law. subjects, however, which must come before the public, and which they must soon decide. The most prominent, and certainly not the least interesting, of these is the recasting the Profession itself. The Profession has now, perhaps, done enough, and it is for the public to express some opinion, or to take the remedy of any existing evil into its own hands. We do not think the junior Bar will let the matter rest, even if they were not forced on to some action on the subject by the more active among the attornies, who either This in London or the provinces will gall the kibe of the Bar. restless spirit in both classes will, in fact, be heard, and will break forth in complaint. On two points we shall, if we mistake not, soon hear that etiquette exists no longer. The Barrister is not unlikely to take the advice of the great sage who has condescended to give his opinion on this subject as to the practice in the County Courts1; still less, perhaps, can there be any doubt as to advising the conveyancing public as to transacting directly the whole business relating to dealings in land and other property; as the machinery for completing such transactions is fully as available to the barrister as to the attorney.2 The only objections that we can conceive to such a course (except those raised by fear, envy, prejudice, or interest,) would be a 1 See antè, Art. V. See antè, Art. II. doubt as to its effect on attornies, which might occur to a very humane man. But we think they may reasonably be left to take care of themselves and their own interests. Many are highly competent to undertake any kind of business, and doubtless would retain it; but the public would gain by the competition, and we can think of nothing that would so effectually tend to restore to THE CLIENT his rights, and to rid the land of the incubus which now sits on it in the shape of professional charges, as reverting to the practice of the GOLDEN age of conveyancing. If the attorney was, however, worsted in the race, he would have only to thank those blind guides who have made his name synonymous with that of an Anti-Law Reformer: who have either combined, as we have seen, to deprive others of their just rights, and to oppress and injure those who have devoted themselves to the amendment of the Law, or who have formed associations with the view of turning the Law Reform cry to the peculiar advantage of their own class. As it is, we believe that the public will soon settle this question for themselves; as evidence of which we may refer to the Report of the Liverpool Chamber of Commerce for 1852. Among "the leading grievances under which the trading classes now labour in respect of the attainment of Civil Justice," this Report refers to "the greatly increased expense hourly arising out of the employment of two sets of practitioners, viz., the country attorney and his London agent," and "the rules of etiquette among the Profession; which, in various ways, entail an expense upon the suitors too often equalling, and not unfrequently exceeding, the amount at stake." All that we can say is, that if these rules of etiquette press hardly upon the trading classes, they and the Bar have the remedy in their own hands. We wish it to be distinctly understood that we do not represent on this subject any portion or section of the profession. The client is alone to be considered. It is a fact well worth noting, as bearing on this point, that it has been ascertained that in eight-ninths of the cases in the County Courts the parties have no professional adviser at all. This seems to open a wide field for the services of junior members both Bar and Attornies. Besides the Law Reform measures which have been adverted to in a preceding part of this Number, as likely to engage the attention of the new Parliament, we may now mention one or two more. We believe that Mr. Henry Drummond will introduce a Bill to facilitate the Transfer of Real Property, which will propose a district registering of deeds relating to land. We are not able to enter into the details of this measure, but it will be the result of a most careful consideration of the whole subject, and will, if we are not mistaken, obtain the support, not only of the landowner, but of that part of the Profession, now a very large majority, who consider that some great reforms should take place on this subject. In connection with this subject, we have also heard that it is the intention of Government to introduce a measure as regards Ireland, to confer a parliamentary title on all lands sold passing through the Court of Chancery; a measure which, unless that Court be first greatly simplified and reformed, will hardly be considered as a boon to the land. But this being done, the rest might follow: and perhaps a foundation for some plan for shortening and simplifying titles is laid in the clause of the Act of last Session, which authorises the appointment of a body of standing conveyancers to assist the Court of Chancery; a power which has been very judiciously exercised by the Lord Chancellor. A Bill for the reform of the Ecclesiastical Courts, to be introduced by the Government, is more certain than the other rumours; and as to this we are glad to know that they will be assisted by the deliberations of the Law Amendment Society, which has appointed a Committee on the subject. With reference to these subjects generally, it is useful to bear in mind the following extract from a recent letter of Lord Brougham: “The various measures which I have at different times brought forward (and of which a very few only have been carried) are not separated or insulated. They almost all proceed upon one view— the same in which your present city proceedings originate, the design of making our law, and above all our procedure, intelligible and natural, instead of obscure and technical; thus removing the complaints of speculative men, as Mr. Bentham, practical men, as Lord Denman. Such was my aim in the measures respecting Libel Law, Local Courts, Facilities of Conveyancing, Law Digest, Public Prosecutor, Declaratory Action, Arbitration, Reconcilement, Law of Evidence, and many others."- Letter to Mr. F. Lyne, 25th August, 1851; published by that gentleman 5th Sept. 1851. These various changes, and rumours of changes, have forced from one of our correspondents the following imitation of a part of Milton's Christmas Hymn, which we indulge him by printing, giving the original in a note. |