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31. Penalty for accidentally allowing chimneys to catch fire.

32. Fire engines and firemen may be provided by the Commissioners.

33. Fire police permitted to go beyond the limits of the act on defraying the expense. Places of public resort.

34. Penalty on victuallers harbouring constables while on duty.

35. Penalty on coffee-shop keepers harbouring disorderly persons.

36. Penalty on persons keeping places for bear-baiting, cock-fighting, &c.

Hackney carriages.

37. Hackney carriages to be licenced. 38. Hackney carriages defined as standing or plying for hire in any street within the prescribed distance, and every carriage standing upon any street within the prescribed distance, having thereon any numbered plate required by this or the special act to be fixed upon a hackney carriage, or having thereon any plate resembling or intended to resemble any such plate as aforesaid.

39. Fee to be paid for licence. 40. Persons applying for licence to sign a requisition for the same.

41. What shall be specified in the licences. 42. Licences to be registered.

43. Licence to be in force for one year only. 44. Notice to be given by proprietors of hackney carriages of any change of abode,

45. Penalty for plying for hire without a

licence.

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51. Number of persons to be carried in a hackney carriage to be painted thereon.

52. Penalty for neglect or for refusal to carry the prescribed number.

fare not to be binding, and sum paid beyond the proper fare may be recovered back.

56. If the proprietor or driver of any such hackney carriage, or if any other person on his behalf, agree with any person to carry in or by such hackney carriage persons not exceeding in number the number so painted on such car riage as aforesaid, for a distance to be in the discretion of such proprietor or driver, and for a sum agreed upon, such proprietor or driver shall be liable to a penalty not exceeding forty shillings, if the distance which he carries such persons be under that to which they were en titled to be carried for the sum so agreed upon according to the fare allowed by this or the special act, or any bye-law made in pursuance thereof."

57. Deposit to be made for carriages waiting. Penalty on the driver refusing to wait, or to account for the deposit.

58. Overcharge by hackney coachmen, &c. to be included in conviction, and returned to aggrieved party.

59. Penalty for permitting persons to ride without consent of the hirer.

60. No person to act as driver of any carriage without the consent of the proprietor. 61. Penalty on drivers misbehaving.

62. Penalty for leaving carriages unattended at places of public resort.

63. In every case in which any hurt or damage has been caused to any person or prolet to hire, the justice before whom such driver perty as aforesaid by the driver of any carriage has been convicted may direct that the proprietor of such carriage shall pay such a sum not exceeding five pounds as appears to the justice a reasonable compensation for such hurt or damage; and every proprietor who pays any such compensation as aforesaid may recover the same from the driver, and such compensation shall be recoverable from such proprietor, and by him from such driver, as damages.c

64. Improperly standing with carriage; refusing to give way to, or obstructing any other driver; or depriving him of his fare. Penalty 208.

65. Justices empowered to award compensa tion to drivers for loss of time in attending to answer complaints not substantiated.

66. Penalty for refusing to pay the fare. 67. Penalty for damaging carriage. 68. Commissioners may make bye-laws for regulating hackney carriages. Bathing.

69. Regulation of bathing machines.
70. Regulations as to rates.
71. Bye-laws.

72. Tender of amends..

53. Penalty on driver for refusing to drive. 54. If the proprietor or driver of any such hackney carriage, or if any other person on his behalf, agree beforehand with any person hiring such hackney carriage to take for any job a sum less than the fare allowed by this or the special act, or any bye-law made thereunder, such proprietor or driver shall be liable to a penalty not exceeding forty shillings if he ex-guardians of unions. act or demand for such job more than the fare so agreed upon.a

55. Agreement to pay more than the legal

This is an important section.

Recovery of damages and penalties. 73. Recovery of damages and penalties. 74. In Ireland part of penalties to be paid to

75. All things required to be done by two justices may, in certain cases, be done by one.

b This also is a material clause.

This clause effects, an alteration in the law.

Parliamentary Report on Legal Education.

$29

76. Persons giving false evidence liable to this day, the student is required to have a penalties of perjury.

Access to special act.

77. Copies of special act to be kept and deposited and allowed to be inspected. 7 W. 4, & 1 Vict. c. 83.

78. Penalty on failing to keep or deposit such copies.

LEGAL EDUCATION REPORT.

ADVOCATES, WRITERS TO THE SIGNET, AND

SOLICITORS IN SCOTLAND.

course of lectures on civil law, upon the institutes, and another course of lectures upon the pandects, and also a third course upon Scotch law, by the Scotch Law Professor, who is appointed by the Faculty of Advocates, which is the legal body in Scotland. The attendance upon those classes is the only thing that now remains likely to be very effectual, as imposing the duty of being educated upon those who are about to be made advocates. The certificate of the professor is required that the party has attended the three classes, but there is no examination whatever of the pupil by the professor in the Scotch law class, though there is the examination by the classes. Nevertheless, these examinations have Civil Law Professor, in the two civil law exceedingly little of reality or use in them. When I attended the class, it was perfectly

HAVING in the last volume extracted from the Report of the Committee the effect of their view of the evidence regarding the existing state of Legal Education in England and Ireland, and also in Germany, we proceed now to their statements relat-well known that the answer to each question ing to Scotland.

66

could be known beforehand; for if the professor began his question (the examination being in the negative, whatever the question was. in Latin) with An," the answer was "Non," If he began his question in "Nonne," the answer was "Etiam," whatever the question That I can speak to, from my own experience, to have been the constant well-known course of examination at the late Professor continued since or not, I am not able, of my Dick's class; whether the examinations have own knowledge, to speak. I never remember

was.

an examination in the Scotch Law class. The

only other test of proficiency is by the examination which the candidate for the bar underand nine examiners in the civil law, belonging goes before seven examiners in the Scotch law,

"The Faculty of Advocates represent the legal body in Scotland, and only take cognizance of the legal instruction given in the University of Edinburgh by the professors of civil law and of Scotch law in that university. This has necessarily had an effect upon the legal education of the other universities. There is, in fact, no bar except in Edinburgh, and legal education is very imperfect in all except in Glasgow. In Glasgow it is made principally subservient to the wants of the Society of Procurators, who correspond to the English and Irish solicitors. The general course of study being in reference to the peculiar character of Scotch law, and reposing, as in a great degree it does, upon the civil code, embraces as its chief object the civil law; the Scotch to the Faculty of Advocates. As each examiforming, as it were, the practical application. and of the pandects in the other, to examine ner takes a title of the institutes in one case, This course forms, in some degree, the faculty of law at each of the universities. It is carried the pupil out of, if each examiner were to make out by means of lectures, and followed by the title, the result would be, that he would be the candidate undergo a real examination upon periodical and final examinations. Where these regulations are zealously conducted in examined strictly upon seven titles of the practice, the education is, on the whole, as far Scotch law, and eighteen titles of the civil law, as it goes, efficient; but even at Edinburgh, to which if the party could answer upon, might judge from the evidence of Lord Brougham, the proficiency in those sciences. But, unforbe taken to be an exceedingly rigorous test of both lectures and examination have, in many tunately, whatever may have been the original particulars, lost much of their original energy; of that practice, in fact, it has become not I may safely say,' says the noble lord, that this examination is next to nugatory. It is much better than nugatory or formal; for it is little better than the English form, but it is the invariable custom for the candidate to wait not much better for grounding the student in upon those examiners one after another, and the knowledge of his profession.' And this each receives him civilly, and upon his going conclusion seems amply borne out by his pre-such a title; the consequence of which is, that away, tells him he may look over such and vious statement. After referring to the neglect he knows exactly upon what title he is to be of legal education in the inns of court in England, he continues: In Scotland the case examined, and therefore, although it is better is not quite the same, but it is tending towards perhaps than nothing, inasmuch as it requires the same. Formerly two examinations must be gone through by the candidate before he could be what is called passed or admitted to advocate, which is tantamount to our call to the bar. One was in civil law, and the other in Scotch law; and at all times, and up to * See 34 L. O. 165, 214, 263, 399, 488, 501. have made himself master of the subject.

a

him to have made himself master of these 25

titles, yet it is equally clear, that as he can make himself master of those for the particular purpose of the moment, he, in all probability, has entirely forgotten every tittle of such title of this examination and of these exigences, to a week after, unless he happens, independently

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Parliamentary Report on Legal Education.

Therefore I may safely say this examination is to his being admitted to the study of the pro

next to nugatory.'

Such was the state of legal education at Edinburgh in Lord Brougham's time. Professor Maconochie, the present Professor of Civil Law in the University of Glasgow, gives a somewhat more favourable view of the state of legal instruction in that university at present.

fession. This is a very serious omission, and didates during the whole course not only of felt injuriously in many instances by the cantheir legal studies, but of their after professional life. In Edinburgh the Faculty of Law in the university comprises three chairs, filled by three professors, two of them members of the bar, and one of them a writer of the signet. The first is Professor of Scotch Law, the second is Professor of Civil Law; the third is Professor of Conveyancing; but it is to be observed that these three gentlemen are gentlemen exercising their professional avocations, and attending the courts of law during the day. The consequence is, that the duties which they perform in Edinburgh may be performed in Glasgow by one individual who can devote his whole time to instruction. Edinburgh the course of each professor does not much exceed four months, and consists of only four lectures a week and one examination. The examination required is in civil law the first year, and in the following year in Scotch law, somewhat more strict than it appears to have been in Lord Brougham's time; its duration for each candidate is on an average half an hour, and it is of sufficient rigour to let the examiners know they are not admitting an absolute ignoramus into their profession, but quite inadequate to test any complete knowledge of the candidate's profession, and utterly inadequate to test the fact of his having had previously a gentleman's education."

In

"Now, as then, the education for both professional and unprofessional men is inadequate and unsatisfactory, but there seems at least a more distinct recognition of its value and necessity. There is no course of legal study intended for general students in any of the universities of Scotland; in no portion of the course in the Faculty of Arts is there even an elementary course of law introduced; no time is given for it; nor is it considered as necessary or auxiliary to the obtaining a degree. The Faculty of Law, wherever it exists in those institutions, is totally distinct from the usual curriculum of study; so that a young man may take his degree of Master of Arts, and have the pretension of being educated in all branches of literature, and yet be utterly ignorant of the first principles of the laws and constitution of his own country (the case of a great majority of the students in the Scotch universities), and à fortiori of those of other nations. An endeavour was made in some degree to supply this want in Edinburgh and Glasgow. In the former there was a chair "of the Law of Nature and Nations," which With regard to the writers of the signet, was occupied by the first Lord Meadowbank, (the body of practitioners next to the bar,) but this again formed no part of the usual they have a pretty rigorous examination, curriculum of the university; it gradually fell and they require-(what it is remarkable into disuse, and is now completely abandoned. the body of advocates do not)—a certifi In the latter, Professor Miller delivered leccate of attendance the civil law class. upon tures upon "General Law." At that time, men's minds were particularly turned to the "Professor Maconochie is the sole member discussions then going on in Europe, regard- of the Faculty of Laws in the Glasgow Univering the principles of government, (the French sity, and embraces all the departments-the revolution was in progress, political economy teaching of the civil law, of Scotch law, and of and the knowledge of the theory of government conveyancing. His predecessor had only a only in its infancy,) and all these circumstances commission as professor of the civil law; but excited more attention to such a course than on a representation, it appears, of the procurait would be now possible to obtain. It is also tors of Glasgow, that is, of the members of the observable that at that period, from this or legal profession of that town, he was asked by other causes, the attendance of Englishmen, the Lord Advocate on the part of the crown to and the sons of gentlemen from the country, deliver lectures upon Scotch law. Professor in Glasgow, was greater than it is at present. 'In Scotland,' says Lord Campbell, almost all the gentry used to attend lectures upon the civil law, municipal law, and were passed as advocates, that is, were called to the bar, and certainly derived great advantages from that.' The present course of instruction appears to be considered as exclusively destined for the profession, and those portions only are attended to, which are considered of immediate, practical, professional use. Even this provision still continues scanty enough. There is no preliminary examination either for advocate or writer of the signet, or procurator, which might go to test the general education, acquirements, or habits of the candidate previous

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Maconochie agreed to do so upon receiving a royal warrant to that effect, and thus he became teacher of civil law and Scotch law in that university. He is bound by the statutes to deliver five lectures upon civil law per week during the session, provided not less than five students offer themselves to attend that course. Notwithstanding all his anxiety to promote its study, his efforts to collect a regularly attended civil law class in Glasgow have been hitherto unavailing. This is owing to the peculiar position of those who would be likely to form his audience. The law students of Glasgow are young men either exercising the functions of clerks in the procurators' offices, or they are the unior members of that profession

Parliamentary Report on Legal Education.

31

The mass of the students are those who intend to become practitioners either in Glasgow, Paisley, Ayr, the neighbouring towns in the west, and are destined to the profession of procurator, equivalent nearly to the English solicitor, but who have the privilege of practising in the local courts of the resident sheriffs.

actually engaged in professional avocations students is comparatively small; but when I yielding them pecuniary advantages; their lecture upon the mercantile parts of our system time therefore is extremely limited: the only of jurisprudence, and more especially when, hour at which they can attend is from nine to last winter, I delivered lectures upon the law ten o'clock, after their own breakfasts, and relative to joint-stock companies, my classpreceding the opening of the offices for legal room was crowded.' These deficiences he has, business. Add to this, that the only certificate as far as he could, attempted to remedy. He of attendance required by the Society of Pro- has prolonged the term, and induced the stucurators for admission to the profession is that dents to attend for a fortnight or three weeks of a single course of the Scotch law lectures. beyond the period of the close of the ordinary The Scotch law lectures in return, as may session of the college, and has occasionally naturally be supposed, are well attended, more obtained their attendance during an extra hour numerously indeed than at any previous period in the week, but with great difficulty, for the in the university. The present average of the reasons already specified. The class, too, from class is somewhat about thirty, composed which they come, and the objects they have in partly of students of the first year, and partly view, naturally enough account for this. There of students who attend a second course. The are one or two gentlemen who attend, sons of system of instruction combines lectures and citizens of Glasgow, whose object it is afterexaminations. A civil law course (from the wards to go to Edinburgh, and become memimpossibility of obtaining a class) being out of bers of the Faculty of Advocates; but these the question, the lectures are confined to the are exceptions." Scotch law; but the professor, in order to obviate this defect, has, as he states, endeavoured along with the practice of the law to carry on the history of the law, and to trace it back to the principles of the Roman law, and thus to compel the students who attend his Scotch law class to carry away with them as much of the principles of jurisprudence as his limited time will admit of. The course pursued is nearly as follows: After delivering, somewhat on the plan of the German universities, To give greater efficiency to his instruction, three or four introductory lectures, which Professor Maconochie has instituted class excontain a sort of synoptical view of the busi-aminations upon the subjects of the preceding ness of the session, and which, from enabling lectures. These examinations are held genethe student engaged in professional avocations rally twice a week, sometimes oftener, someto economise his time, and to study so as to times seldomer, according to the subject. From prepare himself for the lectures, which he is the age of some of the students, it is not to be thus enabled to anticipate, are found to be of expected that all the gentlemen attending the great advantage, the professor proceeds to class will submit to the exposure of a public embrace the whole subjects of the municipal examination; he is therefore obliged to put law of Scotland, illustrated, as already stated, it to the option of the students themselves by a recurrence to the principles of the Roman whether they will stand upon his examinationlaw and of international law. For this purpose list or not; he has generally found, however, he enlarges one year upon particular subjects; that the majority, at least two-thirds of the these he condenses in the following year; so students, have agreed to that ordeal, encouthat students attending two years, or if they raged no doubt by this, that he gives no certiplease three years, may get an enlarged view ficate of ability, and no prize to a student who of the whole municipal law of Scotland. It is does not stand upon such list. In addition to to be observed, however, that this arrangement, the above mode of instruction, he has occaunder the particular circumstances of the case, sionally given questions in law, to be answered has its inconveniences, as in one session a in writing, special cases for the opinions of the subject is more fully carried out than in students, desiring, of course, reference to be another; in one session, for instance, mercan- had to well-known cases. This arrangement tile law, in another feudal; and as attendance is assisted by the discussions of the Law Defor one session only is required, as already bating Society,' which he instituted himself, stated, in order to qualify for admission to the and in which questions are argued by the stuprofession, it may so happen that a student dents, which he himself had previously pointed may obtain a certificate, and so pass, with a out and called their attention to. The utility competent knowledge of a particular branch or of such a system cannot be too highly rated, branches of law, and yet be completely igno- both in reference to the teacher and to the rant of all others. It is also, as might under taught. Professor Maconochie gives, from present arrangements be expected, usual to his own experience, a very striking testimony meet with attendance on such lectures only as in its favour. It is remarkable that no final are immediately conducive to pecuniary ad- examination is required (the certificate of atvantage. Professor Maconochie gives a strong tendance already noticed is held to be suffiillustration of this fact: I always find that cient); and still more so, that a profession, when my lectures are to be upon the history which of all others one would suppose was or principles of our law, the attendance of most likely to be guided by uniformity of prin

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Parliamentary Report on Legal Education.-Liverpool Law Society.

LIVERPOOL LAW SOCIETY.

ciple and practice, should adopt different tests him in case of palpable mistake in practice, for qualification in different localities. In against the solicitor. On the whole, then, so Edinburgh, as already noticed, the writers of far from presenting a model to guide us in the the signet require a certificate of attendance improvement or extension of legal education upon the civil law, for admission into their in England or Ireland, the Scotch system and body, but do not examine upon it; whilst, on practice seem to stand in need of considerable the other side, they examine upon Scotch law improvement themselves." and conveyancing. In Glasgow they require no attendance on civil law lectures, and do not examine on Scotch law, though they require attendance. In Aberdeen, neither is very strictly insisted on; its single chair of law owes its institution to the practitioners or attorneys, who elect one of their own body to fill it; and in St. Andrew's, there is no chair of law at all. Combined with this very thrifty provision for legal instruction, we must also observe, the opportunities afforded for individual industry and study are fewer, and the period required for preparation much shorter, than in England.

"In Scotland," says Lord Brougham, "there is no substitute for legal education, such as we have in England, by the practice of attending a conveyancer and equity draftsman, or a special pleader. Some advocates before being admitted, have attended a conveyancer; that is to say, a writer to the signet, who generally acts also as an agent, that is to say a solicitor in causes. Such obtain a very considerable practical knowledge of their profession. But it is by no means common; it is what has happened to very few of my friends within my own knowledge; and I only know one on the bench in Scotland at this moment who underwent that discipline; and I believe he underwent it accidentally from having intended to be a conveyancer or writer to the signet, and having afterwards changed his plan, in being called to the bar; and his case is therefore a very rare one, and rather an exception to the rule.

REPORT OF THE COMMITTEE FOR THE YEAR

ENDING 1st NOVEMBER 1847.

THE Committee have to report, that during the last year five new members have been admitted, and the society has lost one by death, namely, Mr. Mathews.

It will be seen from the treasurer's account

that there is a balance now standing to the credit of the society of 235l. 19s. 4d.

Your committee have to mention, as a subject of great interest to the profession, the proceedings that have been taken in reference to the formation of the Metropolitan and Provincial Law Association.

Your committee regard the establishment of this institution as one of those very important steps, to which many members of the profession have been aroused by the proceedings which took place about two years since, in connexion with gentlemen at Manchester, Leeds, and other places.

At the beginning of this year a correspondence was opened with the council of the Law Institution of London, who consented to receive a deputation from the Provincial Law Society's Association, to consider the best course that could be adopted for the establishment of a society, consisting of members of order that their interests might be watched the profession throughout the kingdom, in over, and unfair encroachments guarded against; whilst, at the same time, the improvement of the law should have due consideration from such a society.

Upon the first meeting of the deputation with the council of the Law Institution, that body received them most courteously; but, whilst the individual members of the council "The period required by law for preparation promised to enrol themselves as members of previous to admission is not more than 18 any institution that might be formed, the months. A man in six months,' says Pro-council decided, that, as a body, the terms of fessor Maconochie, may qualify himself to their charter prevented any such connexion. pass his civil law examination. He may then The provincial deputation then had several in the following year go up, and he does, prac-meetings with their metropolitan brethren, at tically speaking, then go up for his Scotch law which members specially deputed by this examination; and therefore the answer to the society attended, and the result has been, the question is 18 months.' There is thus no better security in Scotland than in other parts of the United Kingdom against incompetency in the professional man; no evidence of competency beyond what may be collected from public opinion and the position he holds in his profession. This may, in some degree, be relied on in the case of the barrister. In the case of the solicitor, the test is more dubious, and the consequences of incapacity more dangerous; nor is the client protected from such danger by the damages which the law allows

formation of the Metropolitan and Provincial Law Association, with a working committee of London and provincial men.

Various meetings have been held by that committee, and very great exertions used to increase the number of the members of the society; and your committee have pleasure in mentioning that the names have become now sufficiently numerous, both in town and in the provinces, and the amount subscribed to the general fund sufficiently large, to warrant the committee taking energetic steps for the re

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