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JOURNAL OF JURISPRUDENCE

1873

VOL. XVII.

EDINBURGH:
T. & T. CLARK, LAW BOOKSELLERS, GEORGE STREET.

GLASGOW: THOMAS MURRAY & SON; AND J. SMITH & SON.
ABERDEEN: WYLLIE & SON.

LONDOY, STEVENS & SONS.

MDCCCLXXIII.

MUIR AND PATERSON, PRINTERS, EDINBURGH.

92396

UBRARY OF THE
LELAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT

CONTENTS.

Advocates' Library, Present Condition of,

29

Albert Arbitration, The, 23

American Gossip about English Lawyers,

416

Amos' Systematic View of the Science of

Jurisprudence, 76

Appeals 1873, Scotch, 484

Appointments, 207, 426, 656
Apportionment Act 1870, 136
Ballot Act (Scotland), Analysis of, 65, 122
Bankers' Responsibility for Information

about Customers, 322

Bankruptcy Act 1869, English, 482

Bar, The Junior, 86

Bar, Junior, in Ireland, 425

Bar, Present Condition of, 317

Bastiat's Economic Sophisms, 304
Bayley, Isaac, Esq., 323
Bellasis, Mr. Serjeant, 325
Bills in Parliament, 252
Blair, William, Advocate, 542
Blasphemy, 582
Bovill, Lord Chief Justice, 660
Brabrook's Tidd Pratt's Friendly So-

cieties, 411

Briefless, Consolation for the, 148

Bryant the Poet, 540
Bugs, 258
Campbell, David, 600
Carrier's Responsibility for Negligence,

146

Clubs, Law of, 135

Cockburn, Lord, Works, 37

Code of Law of Nations, 421, 517, 594

Codification, 188

Codification in Germany, 227

Collision at Sea, Apportionment of Loss,

257

Continuous Crimes, Jurisdiction in, 235

Contributory Negligence, 537

Conveyancing Bill, Lord Advocate's, 252

Counsel, Privilege of, 487
Craigie, Sir Robert, of Glendoick, 346
Crimes, Criminal Jurisdictions, and Pun-

ishments, 337
Cross-examination to Credit, 421
('richton's Analysis of the Ballot Act,

613
Cnstoly of Infants Bill 1873, 353
Dead Body, Rights of Relations in, 203

as to Scotland,
138

Delays in Law Courts, 49
Destination to Granter's Heirs, whom

failing to person named, 465
D’Olivecrona's Causes of Relapse into

Crime, 407, 479

Drysdale, John, 600

Dundas, John, C.S., 362

Dundee Faculty of Procurators, 260

East India Association, 319

Education (Scotland) Act 1872, by J.

Tod, Esq., 12

Entailed and Settled Estates (Scotland)

Bill, 353

Expenses of Litigation, 393, 468

Fixtures, Brown's Rule of the Law of, 76

Forensic Reform, 245

General Council of Procurators in Scot.

land, 150

Graduation in Law and Law Apprentice-

ships, 44

Greene's Outlines of Roman Law, 199

Guarantee for Fidelity of Agent, Duty of

Creditor in a continuing, 419

Guthrie on Trade Unions, 648
Hemmings' Thoughts on Fusion of Law

and Equity, 243
Holland's Institutes of Justinian, 245
Hope-Scott, James Robert, Q.C., 323
Husbands, Legal Supremacy of, 259
Innes' Lectures on Scotch Legal An-

tiquities, 80

Innkeepers' Lien, 484

Insurance Slips, Marine, 484

Instruction, Higher, in Scotland, 113

International Law Conferences, 594

International Law, Institute of, Founded

at Ghent, 517

Inventory for Confirmation of Executors,

657
Jeffrey, Life of Lord, and Memorials of

his Time, 37

Jeffrey, Francis, 561

Judgment of the Court of Cassation, 361

Judicature Bill, English, 411

Judicature Act, The English, 629

Judicial Appointment, The Late, 40

Judicial Statistics for 1872, 530

Judicial Salaries, English and Scotch,

142

Judiciary Reform, 90, 208,

Juridical Society, Centenary of, 86

Jurisdiction in Continuous Crimes, 235

Landdale, Thomas, Esq., S.S.C., 152

3

Deas' Law of Railways

Official Changes, Possible, 114

Opening of the Winter Session, 589

Outer House Business, Solicitors in Su-

preme Courts on, 88

Parliament House Book for 1873-4, 597

Personal Estate, Distribution of, among

Grandehildren in England and Scot-

land, 42

Personal Items, Some, 650

Photographs as Evidence, 537

Pitiful Fate of a Poor Pleader, 510

Present Condition of the Bar, 317

Prisons in Scotland, 34th Report of, 350

Public Prosecutors in England, 144

Procurators, General Council of, 361

Queen's Counsel, 591
Question of General Average, 593
Rattigan's Hindoo Law of Adoption, 304
Regulation of Railways Act 1873, 575
Romilly, Lord, his Resignation, 260

· Selborne's, Lord, Judicature Bill, 201

Set-off in Life Assurance Liquidation, 479

Seward, W. H., 261

Shares, Transfer of, 480

Sheriff-Clerks-Depute, 305

Sherill-substitutes' Salaries, 256

Sheriff's, Duty of, to Examine into the

State of the Public Registers, 596

Sic utere tuo ut alienum non ladas, 203

Slaughterhouse Cases, “U. S,” 484

Small Debt Circuit Courts, 305

Smith, Archibald, Esq., F.R.S., 89

Solicitors in the Supreme Courts, Society

of, 362

Solicitors in the Supreme Courts on Law

Courts Reforms, 129, 184

Special Cases, 613

Stamp Duty on Deed of Assumption and

Conveyance, 482, 649

Statutes 35 & 36 Victoria, 57

Statutes of 1873 affecting Scotland, 626

Stipendiary Magistrates' Bill, 252

Telegraph Cases, Measure of Damages in,

524
Tod's Handbook of the Education (Scot-

land) Act, 1872, 589

Trade Unions, Rights of, under Trade

Union Act 1871, 281, 505

Trade Unions, Sheriff-substitute on, 8
Traill, James, Esq., 661
Tribunals of Commerce, 225
Vacation Arrangements, 426, 207
Valued Policies in Marine Insurance, 21
Vilification, Popular, of the Bar, 309
Warranty and Concealment in Life As-

surance, 653

Way the Money goes, England v. Scot-

land, 591

Westbury, Lord, 491
Wickens, Vice-Chancellor, 662
Women Jurors in Wyoming, U. S., 480
Wright's law of Criminal Conspiracies,

408

Law Agents Act, 449, 539, 597
Law Agents Bill, 313, 353
Law Agent, Can a, be compelled to dis-

close his Client's address, 653
Law Agents, Examiners of (Act of Sede-

runt), 657

Law Agents Fees, Profession overstocked,

260

Law Agents, Privileges of, 248
Law Amendment Society, Annual Ad-

dress of, 169

Law Amendment Society, Papers of, 297,

353

Law Courts and Offices, Commission on

Salaries, etc, of, 536
Law Court Fees, payment of, by Stamps,

204

Law Magazine and Review, 75

Law Reform, 306

Law Reform, some Thoughts on, 1822 and

1872, 179, 346

Lawrence, Mr. Beach, 656

Lawyers in Parliament, 205

Lawyers, Eminent Scottish, of the last

century, 179, 346

Lawyers in United States, 422

Law Reporting, 537

Law Reporting in New York, 403
Lien, Innkeepers', 484
Life Assurance Liquidation, Set-off in,

479

Life Assurance, Warranty in, 653

Lindsay, J. M., W.S., 493

Litigation in America and Sheriff Courts

of Scotland, 147

Libel, Nominal Damages in Actions for,

40

Lorimer's Obligations of Neutrals, 478°

Ludlow and Jenkyns' Treatise on Law of

Trade Marks, 241

Lushington, Rt. Hon. Stephen, 151

Macdonald's Law of National Education

in Scotland, 303

Mackay's Memoirs of Viscount Stair, 474

M.Kechnie's Lorimer's Handbook of Law

of Scotland, 647

Maitland, Mr. Kenmure, 598

Marine Insurance, Valued Policies in, 21
Mayne's Treatise on Law of Damages, 195
Money Lending and Court of Chancery,

42

Nasmith's Institutes of English Public

Law, 200

cligence, Contributory, 537
Nominal Damages in Actions for Libel,

Notice of Appearance in Sheriff Court,

202
Novation, Lord Westbury on, 48
Obituary, 49, 89-90, 151-152, 208, 260-

201, 323-327, 362, 426-493, 512, 599

Onicross of School Boards under the Edu-

cation (Scotland) Act 1872, 598

THE

JOURNAL OF JURISPRUDENCE.

SOME THOUGHTS ON LAW REFORM–1822 AND 1872. Half a century of Law embraces as a rule the legal lifetime of even a long-lived lawyer, and twice the parliamentary lifetime of an averagely long-lived legislator. The progress of anything for so long a period cannot fail to be somewhat interesting, and the progress of the Law for the last half-century must, we should think, be specially so. We do not propose to trace this progress with any minuteness, but a glance at it may not be quite unprofitable at present.

There is an aspect of the commencement of this epoch to which we may for a moment recall attention. It was a time when men lived at peace with all our national institutions; when there were no grievances to be redressed, or at least no person to redress them; when Law reform, at least in Scotland, was almost unheard of, and when laymen and lawyers alike were satisfied with doing as their forefathers had done. Though the Court of Session had been remodelled, and a Jury Court transplanted from England, many in those days would have uplifted their hands in simple horror if a ravisher, a robber, or a reiver had escaped unhanged, and the criminal classes had under force of circumstances to hold their lives under the very precarious tenure afforded by a most bloodthirsty criminal code; whilst in other departments of our Law we find the possessors of landed property, under an unreformed feudal system, compelled to contribute enormously to the support of parchment-manufacturers and notaries-public, and our law of evidence still founded on the principle of preferring darkness to light. The Sheriff-Courts were blessed with a procedure so tedious and so expensive that men preferred to litigate before the Bailies of Royal burghs rather than appeal for justice to tribunals which were so hopelessly and helplessly impeded by costly shams. Nay, more, so intricate and refined had the science of procedure become in the Supreme Court, that no practising lawyer seemed to know anything about it, and a fifth of the judgments in the Inner House

VOL. XVII. NO. CXCIII.—JAN. 1873.

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