페이지 이미지
PDF
ePub

but of late years he has inserted the most important in the collection above mentioned. 3. The collection of M. Dalloz, formerly, like M. Sirez, advocate of the Court of Cassation. In 1824 he edited a collection, alphabetically arranged according to the subject-matter, of the decisions of the higher courts of judicature and the council since 1791, with essays on questions that had not come before the courts. This collection is called Jurisprudence Générale du Royaume. Since 1824 this work has been continued in monthly numbers, like that of M. Sirez. It costs 27 fr. a year, each number containing eleven closely printed sheets in quarto in double columns— contrasting curiously with the prices of English Reports. In 1837 M. Armand Dalloz published a complete Index to the collection of his brother and collaborator, on the plan of a German Promptuarium. (See Revue Etrangère, vol. iv. p. 624.) M. Dalloz is at present engaged on a new edition of his collection. Both the foregoing digests or collections are well executed, and each of the editors maintains the superior completeness of his own. 4. Journal du Palais.-This publication began in 1791, in imitation of a similar one founded at the commencement of the French Revolution. It is in octavo, and forms several volumes a year. The plan is the same as that of the two first named, but it is less esteemed. The present editor is M. Ledru Rollin. 5. Journal des Avoués.—A collection of laws, ordinances and decisions, particularly relating to civil procedure; with articles on the same subject. Two volumes appear yearly; the 55th ends with 1838. The subscription is 15 fr. a year. The present editor is M. Billequin. In 1837 M. Chauveau, one of the contributors to the work, published a complete Index to it, under the title of "Dictionnaire Général et Complète de Procédure,” on the same plan as that of M. Dalloz. 6. Journal de la Procédure, by M. Bioche and another member of the French bar, authors of a Dictionary of Procedure, to which the Journal forms a continuation. Besides these collections published in Paris, there is one published at the seat of each court of appeal, which commonly confines itself to the decisions of such court. 7. Recueil des Arréts du Conseil.-This work was started by the state-councillor, M. Macarel, when he was an advocate. It is now continued by M. Boulatignier, pupil of MM. de Gerando and Macarel, and makes an octavo volume a year. Price 15 fr. 8. L'Observateur des Tribunaux.-This periodical appears in octavo numbers at uncertain times; it contains the entire pleadings of such cases, criminal or civil, as appear to merit public attention; and may come in time to form a repertory of the Causes Célèbres of modern times. Little of the scientific character is to be found in it; it is not executed in the spirit of the German periodicals on criminal law. 9. Journal du Droit Criminel, founded by M. Chauveau, now Professor at the Law school of Toulouse, and continued by M. Morin and M. Helie. This journal contains the decisions of the Court of Cassation and the other supreme courts in criminal cases, but is distinguished from the other repertories by its occasional articles on questions of criminal law, mostly from the pen of M. Helie, and by the critical remarks ordinarily appended to the reports. 10. Journal des Juges de Paix, by M. Victor Augier, avocat, contains the laws, ordinances, &c. relating to judges of the peace, as well as original articles and decisions on questions regarding them. 11. Journal des Notaires.-A monthly journal devoted in the same manner to notaries, who, it will be remembered, discharge many of the functions of the English attorney. 12. Jurisprudence du Notariat, by MM. Roll and Villargnes. 13. Memorial du Notariat et de l'Enregistrement, by M. Gagneraux.-These two last are devoted to the subjects indicated by their titles, one of which (enrégistrement) gives rise to many difficulties, and has also a journal to itself. 14. Le Contrôleur de l'Enrégistrement, by MM. Championniere and Rigaud. 15. Journal des Eaux et Forêts, et de la Chasse et Pêche, founded by the late M. Baudvillart. 16. Journal des Communes.—A

journal devoted to the affairs of the municipalities. The following have been established in imitation of it.-Journal des Maires, Journal des Conseillers Municipaux, Ecole des Communes, Jurisprudence Municipale. There is also a journal devoted to matters connected with the National Guard, called Le Capitaine Rapporteur.

We now come to those monthly publications, which are principally devoted to jurisprudence and legislation and only occasionally contain articles and decisions on cotemporary cases.

1. Journal de la Magistrature et du Barreau.--A periodical of a practical cast, in which legal questions under discussion in the Courts or occurring to the editors, are carefully treated. 2. The Journal des Avocats et des Notaires is conducted on the same principle. 3. Le Censeur is edited by M. Legal, advocate. The examination of the projects of law laid before the Chambers is the principal object of this journal. 4. The Revue Etrangère et Francaise de Legislation et d'Economie Politique, founded by M. Fœlix, one of the most learned of continental jurists, in 1833. This admirable review has been frequently mentioned in former numbers. Its original object was to make foreign legislation and jurisprudence better known in France, but since its third year it has devoted considerable space to the state of these studies in France. It abounds with useful information, and is very highly esteemed on the Continent,-a tribute which it would be unjust to withhold, simply on account of our own connexion with the editor. It appears in monthly numbers of about five sheets each; the yearly subscription, 24 fr. The Revue de Legislation et de Jurisprudence, by M. Wolowski, was established in 1834 in imitation of the last-mentioned, which it closely resembles since it gave up its original plan of confining itself to France. The best articles are from the pen of M. Troplong. The Revue d'Economie Politique and the Revue Commerciale have been discontinued; but there are at present two journals devoted to commercial inatters, including mercantile jurisprudence, entitled Memorial du Commerce and Archives du Commerce.

EVENTS OF THE QUARTER.

THE question of greatest interest to the profession at the present moment is that involving the future constitution of the Common Pleas. We understand that the Committee of the Privy Council lean to the opinion that the warrant was invalid, but decline further interference and leave the matter to the discretion of the judges. We have no means of knowing what course it is their intention to pursue, but we trust that the hope of procuring themselves a little additional ease will not induce them to restore so preposterous and utterly indefensible a monopoly. There are existing causes of inequality enough without resuscitating the past, and it is plain to demonstration that the necessity of employing different counsel in different stages of a cause, or of going in the first instance to a serjeant, will infallibly deter suitors; unless indeed they can obtain an undue advantage by retaining the leader of the court. Regular attendance on the part of the bar may be easily obtained by the simple process of peremptorily requiring it.

The prolonged sittings in banc have hitherto proved ineffectual in reducing the arrears in the Queen's Bench; and an opinion is becoming general that the other Courts must render more effectual aid, or the judicial establishment receive an addition without delay.

The Fourth Report of the Commissioners on Criminal Law has recently appeared. It contains a digest of the existing law, written and unwritten, regarding homicide, malicious offences against the person, theft, robbery, extortion, false pretences, cheats, embezzlement, and malicious offences against property, with prefatory remarks and notes, in which occasional alterations are defended or proposed. The Report has evidently been compiled with great care, but we refrain from giving any opinion for the present, as in our next Number it will be carefully reviewed.

It seems an understood thing with the present Government, that, so soon as a given amount of agitation is got up for or against a measure, that measure must be pushed or retarded accordingly without reference to its merits or the principle involved. A good example of their policy is afforded by their conduct regarding the London Police Bill. It is notorious that the governing corporation of London is far from representing the real wealth and importance of the metropolis, that, with rare exceptions, the aldermen and common council are selected, not from the richest or most respected, but from the noisiest, most bustling, and occasionally most disreputable of the citizens. It stands to reason that a body thus constituted must be radically unfit to direct the appointment or superintend the organization of a constabulary force; and the state of the city police affords the strongest practical argument in favour of the improved system of management proposed; the men on the east side of Temple Bar being notoriously inferior in alertness and civility. Yet on the first burst of an opposition, got up by a set of persons anxious for the preservation of their patronage, Lord John Russell begins to waver; and on being pressed home with a few well-timed menaces, he tamely suffers the establishment of a precedent, which will go far towards neutralizing all future schemes of comprehensive improvement in the administration of the law. If the city of London is to be excepted, why not Bristol, Bath, Hull, Liverpool, Man

[ocr errors]

chester ? Why not any particular county that may conceive itself equal to the task of self-government? It appears from the Report on Rural Police that a great many districts are smitten with the love of independence, and it will now be no easy matter for the Government to resist their importunities.

Nor do the consequences of the concession end here. There are at present pending no less than twenty-six Bills for the establishment or regulation of Small Debt Courts in particular towns or districts. This proves the pressing necessity for some general measure on the subject, since no greater evil can be inflicted on a commercial community than a variety of local tribunals, superseding the ordinary course of justice and rendering it nearly impossible to know what course of proceeding to pursue. Yet each of these twenty-six places thinks itself as well entitled to an exceptional jurisdiction as the metropolis.

Lord John Russell's Bills for the improvement of the County Courts and the establishment of District Sessions of the Peace, and an important Bill regarding the Police Courts of the Metropolis, stand for the second reading, but there is no expectation of their being carried this session. Bills have also been introduced--to amend the law relating to double costs, to pleading the general issue, and as to notice and limitations of actions, by Sir F. Pollock-for the better protection of purchasers against judgments, crown debts, and fiats in bankruptcy, by Sir E. Sugden -to abolish grand juries, by Mr. Pryme-for the better ordering of prisons, by Lord John Russell-and to amend the law of copyright, by Mr. Serjeant Talfourd.

Since our article on Rural Police was in type, we have heard that the magistrates of sundry large districts have declared in favour of the measures proposed in the Report. In Essex, for example, there is already a clear majority; and the cordial approval of the Marquis of Salisbury, a nobleman whose extensive influence is owing full as much to his enlightened views and business-like habits as to his rank, bids fair to bring about a similar result in Hertfordshire.

The Bill for the Enfranchisement of Copyholds has passed the committee and will be carried if parliament can find time for it. As the compulsory mode has been strongly objected to, we should be inclined to rely on the eventual operation of one of the voluntary schemes. The Tithe Commissioners (to whom it has been proposed to entrust the superintendence of the enfranchisement) have lately published a Report, from which it appears that tithe to the amount of 1,312,102l. 17s. 4d. has been commuted by voluntary arrangements; that voluntary agreements are coming in as fast as the existing force of mappers and apportioners can dispose of them; and that their present intention is to interfere compulsorily only in a limited number of

cases.

The Examiners of Attorneys for the ensuing year, in addition to the Masters of the several Courts, are Messis. Amory, Austin, Clayton, Foss, Harrison, Martineau, Metcalfe, Ranken, Shadwell, Sweet, Teesdale and Wilde; five to constitute a quorum.

A late ordinance for abolishing the censorship and providing against abuses of the press in Malta, framed in pursuance of a recommendation of the Commissioners (Mr. John Austin and Mr. G. C. Lewis), has been vehemently assailed by Lord Brougham, who rather unfairly availed himself of the prevailing ignorance as to the real circumstances of the colony. An island containing 90,000 inhabitants, though too large to be governed (as suggested by the Duke of Wellington) like a line-ofbattle ship, is too small, and too near Italy, to be set free at once from every description of restraint. It was thought desirable to remove the censorship, now generally regarded as an infallible symbol of despotism; but it was deemed necessary to check by severe penalties all publications tending to excite disaffection, all attacks on

foreign governments or governors, all insulting allusions to creeds or modes of worship, and all private libels of the sort denounced by Lord Brougham in a wellknown article in a late number of the Edinburgh Review. A clear and able exposition of the grounds on which the Commissioners proceeded may be seen in the Report, and we are convinced that they have done wisely, particularly in proposing to prohibit censures on persons in their private capacity. It sounds very fine to say that public opinion is the best guardian of public morals; but the public are rather apt to adopt one-sided views on such subjects; and it may well be doubted whether either good feelings or good manners are promoted by suffering John Thomson to discuss the conduct of Thomas Smith in his capacity of husband, son, brother, uncle, or shop-keeper. We are quite sure that, in a state like Malta, a single publication like the Satirist would set the whole community together by the

ears.

Mr. Serjeant Talfourd has somewhat extended the provisions of the Custody of Infants' Bill in compliance with the suggestions of its supporters. He now proposes that, in cases of separation for adultery on the part of the husband, the judges of the Consistory and Arches Courts shall be empowered to vest the custody of the children in the mother and make an order on the husband for their maintenance; and that, in other cases of separation, the Lord Chancellor, Vice-Chancellor and Master of the Rolls in England, or the Lord Chancellor and Master of the Rolls in Ireland, shall be empowered to provide for the mother's access, or, when the children are under seven years of age, to vest the custody in her. Women found guilty of adultery are excluded from the benefits of the Act.

The parliamentary privilege case (Stockdale v. Hansard) came on for argument on the 23d inst., but, after nearly three days had been devoted to it, was adjourned till next term, when the plaintiff's counsel will be heard in reply. The cause of the Commons was upheld with great learning and distinguished ability by the Attorney-General, but he utterly failed in proving either the antiquity or reasonableness of the claim; and as to the assertion that the House is the sole judge of its own privileges, it is true only in the sense in which it is true of any of the courts of justice. As regards modern authority, we have good reason to believe that many of the ablest supporters of the resolutions founded on the Report have come to a different conclusion since the real bearings of the question have been understood.

A mastership in Chancery, which had become vacant by the death of Mr. Cox, has been conferred on Mr. Duckworth with the general approval of the profession. We have also to record the death of Sir Stephen Gaselee, who died on the 26th March last.

We are not aware whether any measure is in progress for the improvement of the Courts of Equity, but it has recently been in contemplation to secure the regular attendance of a Scotch lawyer of eminence at the hearing of Scotch appeals in the House of Lords, and Lord Jeffery, whose legal has kept pace with his high literary fame, was confidently named as the person by whom this new assessorship would be filled.

« 이전계속 »