페이지 이미지

the thing ordered : in a word, has nothing to do with the PUMP COURT.

question of the goodness or badness of the command, but

everything to do with strict obedience to it. The popular The Temple Newspaper and Review. appeal to justice, on the other hand, involves a statement

of opinion that some provision or alleged provision of the law is not in accord with sound principles of legislation ;

that the law ought to be different. If so who benefits by or EDITORIAL, ADVERTISEMENT AND PUBLISHING OFFICES, desires the maintenance of a bad law; whose fault is theno n 33, Exeter Street, Strand, W.C. repeal ? Lawyers are, we affirm, not backward in promoting

Legislative change, but their technical knowledge teaches

them, what unfortunately the public do not know, that most OCTOBER 31, 1888.

instances of “injustice " are the result of imperfections only remediable at the risk or certainty of introducing greater evils. Ad ea quæ frequentius accidunt jura adaptantur. Laws beneficial in their application in ninety-nine cases may be injurious or iniquitous if applied in the hundredth. The hundredth case is necessarily peculiar in its circumstances. How can provisions be framed to extend to exceptional

cases? Is then the judge to administer the general rule, 1883

within which the case falls, or to qualify it before administration ? If he does the latter he is not administering but making law. This in the specific case would be a hardship on the man whose expectations, based on the existence of a principle applicable to his case, are defeated by introducing, then for the first time, a qualification. He may be a scoundrel with whose discomfiture no one sympathises ; but that is beside the question. If those whose function

it is to administer only, are to be at liberty also to quality Pro Lege.

the law, wheu its rigid application would involve consequences they may wish, in the specific case, to avert, we should have hardship in every case instead of few only :the hardship of a state of law in which no one could know

what the tribunal might consider "just.” Selden wrote of PRO LEGE.

Equity with perhaps some exaggeration-it was before the time of "the Father of Equity "—that it varied with the Chancellor's conscience, and was to be compared with the

Chancellor's foot. The comparison would not be inWHENCE comes the not uncommon cry, " It may be law, applicable to the change which these advocates of “justice” but is not justice?” The indictment against law is only would introduce. The system—if such a term could be used one form of the discontent that finds expression, at some

of it-would be certain only in its uncertainty. We time or other, against property, against the results of in

affirmed at the outset, that Law is not perfect. Has dustry, of thrift, of intelligence, of self-restraint ; against

revelation acquainted us with our duties in every detail ? order, against luck, against all real or supposed mundane

Is not everything human allied more or less with imper

fections? Has not truth been sadly dismembered, and institutions and influences. We hear it in the cry of Job, shall we ever find all the limbs? Yet we affirm that there against the existence of evil; but we are no nearer the has been a steady diminution of inequitable principles. solution of the problem which vexed him in his tribulation The abrogation of penal enactments : the repeal of odious -the reason of its origin and continuance. “Doest thou

privileges; the development of the science of jurispruwell to be angry?" was the question asked of the prophet

dence and the principles of legislation, and the influence of old, and he answered, “I do well.” We do not com

these have, in turn, exercised on the framers of law have

contributed to make law more what it should be. The plain of dissatisfaction. We regard it as a sign of progress, steady diminution of remaining remediable imperfections which the recognition of defeat must necessarily precede. is the desire of the lawyer, no less than the layman. Law But the mode of its expression is, we think, in this case, is only a means to an end. All know and desire the end; injurious and misleading. The consideration of defeat or with the means and the mode of amelioration lawyers are supposed defeat should be wise and calm. Does law

specially acquainted. But panegyrics on "justice" as conalways receive this treatment? "If that be your law,”

trasted with “law," are, if anything, in the words of a Hindoo,

“disbursements in the negative ;" they will not advance the said Lady Booby to Lawyer Scout, “ I am determined to

cause of genuine reform. change my lawyer.” The element of personal interest enters so largely into the feeling of dissatisfaction that complaints must be heavily discounted. Scoundrels with

Some months since, Mr. Herbert Low made a suggestion defeated designs; honest men with mistaken views or

for the establishment of a Law Library in the City-a prodisappointed expectations, which should never have been

ject often broached, but never before, we believe, attempted.

His suggestion has now, we hear, been carried out, and the entertained; persons suffering less from the law than

library established at 25, Abchurch Lane. the incompetence of their advisers.

Would any of these blame self? Shylock thought the supposed Bellario

WHEN a servant does not know his work, he is dismissed; "a Daniel come to judgment," while the principles he

but it seems that public servants are in a better position,

and can make what mistakes they choose without any risk laid down favoured the extreme claims of the Jew; of losing their comfortable berths. Now here is a pretty but his opinion of his "justice” appears to have altered piece of nonsense which we venture to say is not to be considerably, when the limitations and penalties were equalled : “At the Lowestoft County Court, Messrs. W. H. enunciated. In fact, the cry is based on a misunderstand

Smith and Son sued several persons for small sums for ing. Justice, if it means anything, means conformity to

newspapers. The local agent appeared to support the law, the administration of what has been ordered. The hear him, saying he must have William Henry Smith before

claims, but the judge, Sir Francis Roxburgh, declined to primary signification of right, rectum, droit, justice, jussum, him, and the cases were struck out.” Where does this judge jus, varies between tlje ideas of strictness or straightness and get his law from ?


was interrupted in the early part of September-a weekly CAPEL COURT.

average of £15,540. The loss on exchange during the half-year amounted to £70,053 11s. 6d., being an increase

over the previous half-year of £12,175 115. 8d., of which The Stock Exchange markets have, during the week, been sum £6,860 arose from a further fall in the value of the firm on the whole, and an upward tendency in prices has silver dollar, and the remainder from the amount remitted.” been discernible, which has, however, been restrained by

In describing the competition it will have to meet, the the general feeling that money will become dearer as the report goes on to state " that the Inter-Oceanic Railway winter approaches.

will require a very considerable time, about three-and-aHow far this presentiment is well-founded

half years as stated ir. its prospectus, for the completion of Money

its whole line from Vera Cruz to Mexico. When comMarket.

may be open to doubt; but in view of the
fact that, while money is easily obtainable in

pleted it will become a very serious competition for the the open market at under 3 per cent., the Directors of the

foreign goods traffic, and its influence cannot fail to tell Bank of England still see fit to continue a 5 per cent. rate ;

before that time on the Mexican Railway Company's it must be assumed that those gentlemen are in possession

local traffic, both in passengers and goods; considerable of information which is rot vouchsafed to the outer world.

progress having lately been made in the part of its The anomaly of a margin of upwards of 2 per cent. in the

line connecting Mexico and Puebla. There has also been two prices becomes the more startling when it is considered

much activity in railway construction to the north of Mexico that the Bank returns are distinctly favourable, showing that city. The National line, giving a new route from New the reserve amounts to over £12,000,000, which is larger

Orleans to Mexico, is ready for opening throughout. A than it was last year, when the rate was at 4 per cent. It is

total length of 180 miles was finished at the end of last said that the Bank has discounted for its own customers at

half-year on the branch of the Cent al Railway connecting 3 per cent. ; and it is rumoured in certain quarters which

the port of Tampico with its main line to Mexico; and a deserve attention, that a reduction in the present rate may

line has recently been finished which connects with both shortly be looked for.

the Central and National Railways the mining centre of Foreign Government Securities have re

Pachuca, the only access to which by railway has hitherto Foreign

been a small line connecting Pachuca with the American mained firm, but quiet. The buying of the Securities.

railway system at Irolo. That competition of so many Russian loan of 1873, referred to last week,

kinds and in such different directions must tell is not to be has still continued, and the price has gone up to 101,

doubted, but it is reasocable to take into account, as at almost the highest on record. Egyptian Securities have also been active, with a decidedly firm tendency.

least a partial compensation, that this competition will be

taking place in a country showing a continuous advance in Notwithstanding the fact that the traffics its prosperity and in the development of its resources.” Home Railways.

on the great lines have been exceptionally The "House” has a reputation for respectability shared

large during the past week, very little busi- by a good many other close Corporations, and its new ness has been done, save in North-Eastern, Metropolitan

members are guaranteed by other members for a small Consolidaied, and Midland, which have advanced 1-3

amount for a short period after their initiation. Having and 1 respectively. This quiescence is almost wholly said this, very little else remains. The “House” is not caused by the fears engendered by the strike in the coal

allowed to advertise, the “House” is not allowed to cir. trade. The unreasonable advance in the price of coal can cularize, and its proceedings are impenetrably shrouded only be attributed to something very like panic, and is from the curious eyes of the outside world. But all these altogether out of proportion to the advance which would

restrictions, admirable as they may be, do not seem to be represented by a wholesale concession by the masters

confer any positive advantages on the public. The struggle of the 10 per cent. rise in wages asked for by the men. between the two classes is only just beginning, and its issue But the struggle is now practically confined to Yorkshire,

will not be decided by any considerations of the abstract and, uncompromising as both parties appear to be at merit of picturesque rules. The question which the public present, it is hardly likely that some arrangement will not will ask is—"Whether outside or inside brokers do straightbe arrived at there also. When that time arrives, and with

forward business at the cheaper rates?" and when it is it the removal of the vague apprehensions and forebodings remembered that “members” are bound to charge a fixed which tend to depress other industries than that principally commission, while in speculative accounts a great number involved, Home Rails may expect to benefit, and the of the outsiders content themselves with the differences satisfactory evidence afforded by the increased traffic between the actual quoted buying and selling prices, one is receipts will have its due weight. In the meantime deal

somewhat puzzled to know where the House will look for ings will, in the majority of cases, be comparatively few; a satisfactory answer. but I should not be surprised if Metropolitans proved an There is no feature of importance to chronicle in connecexception to the rule, and if the marked advance of the tion with the American, Trunk and Miscellaneous Markets, past few days was well sustained.

which have been little dealt in pending the settlement, which Foreign Rails. Dealings in Foreign Railways have been

was satisfactorily concluded on Saturday. The Mexican alınost exclusively confined to the stocks Railway

In the mining market, copper shares have of the Mexican Railway Company.

The Mining


continued their upward movement; and fillip was given to this stock on the publi

Tintos have marked the highest point touched cation of the last traffic statement, showing a gross take for for many years.

Diamond shares have also exhibited a the week of £23,000, and proving that the break in the booming tendency. The amalgamation of the De Beers Metlac Bridge had been repaired, and prices gradually and Kimberley Companies is now practically completed ; advanced until the end of the week. The report of the and the latter company have issued a circular, stating that directors of this company for the half-year ended on 30th all points being now settled with the directors of the De June last, which was issued on Saturday, states "that Beers mines, the committee and their friends are prepared there was an increase in the earnings of the line as com- to make the exchange of shares, and recommend sharepared with the previous half-year of £18,168. The in- holders to do so also. crease in the total tonnage carried was very considerable,

Some comment and some criticism has

Outside viz., 32,239 tons, indicating a growing activity in business


been excited by the paragraph in “Capel and a general progress of the country. Although a much

Court" touching the status of outside larger volume of traffic was carried, involving an increase brokers. Doubtless there is something to be said on both in of 25,569 in the train miles run, the working expenses sides, and we will return to the subject. of the half-year were nearly the same as in the previous The changes in the mining market the last few days are half-year, averaging £5,032 per week, against £4,968. scarcely worth noting. The settlement commenced on The average weekly earnings of the main line during the Tuesday and ended on Thursday; the pay-day greatly interhalf-year amounted to £15,224 against £14,367 and fered with business. The settlement however passed over £13,949 in the previous and the corresponding half-years satisfactorily.

satisfactorily. It was not so heavy as the preceding one, respectively of 1887. The weekly earnings of the current although there was a great deal of business done on the half-year, as advised by telegraph, showed-until the traffic carrying-over system. This system has considerable ad

vantages for the small speculator, as he is not obliged to an implication of participation in the risk by the Society. make

up his stock, but can defer payment for an indefinite Such, of course, is not the case, each separate underwriter period by paying the small rates from one fortnight to being only individually liable for the amount of risk he may another. These rates can be reckoned about d. per choose to run, and which he designates, in figures and share for every 5s. nominal value. Jobbers are rather writing, in conjunction with his signature. short of some of the leading and more speculative shares, The Committee, presaging evidently that which has now notably Don Pedro, Californian Gold, and some of the occurred, made it incumbent some dozen years ago, upon Indian descriptions. After the next settlement is over each new underwriting member to deposit a sum of five we expect to see more activity in the lower-priced thousand pounds with them : this money has been invested Transvaal mines. Some of those we mentioned in our in the joint names of the committee, and the new member article of last week have justified our predictions, par- in such approved security as would become the dealing ticularly Balkis. There are rumours that some good news with trust funds, the depositor receiving all Interest thereon, affecting this property is to be cabled. This may arrive at whilst Capital is only available for paying, if necessary, any any monient, and in anticipation of this the shares have losses incurred by him in underwriting within Lloyd's already advanced is. We ourselves should not be surprised Rooms, when it may be decided to wind up his account. to see them rise to the price of Moodies exploration. The This system seemed undoubtedly a sound one, arguing a Balkis Company possess as large an area of gold-bearing possession of sufficient other resources when a member farms, but not having been so long in existence have not could afford to lock up such an appreciable sum in a made so much progress as the former. At 6s. 6d. now they business of which nine times out of ten, he could possess seem to be a cheap speculation. Indian mines have very little knowledge, the practical part thereof being been weak and lower, a circular having been issued generally deputed to a “substitute ”-one whose informaby the directors of the Mysore Wynaud Company, tion had been gained by a long acquaintance with the saying they want more money and must reconstruct. This inysteries of underwriting. has rather damped the ardour of the bulls. We look for But, on the other hand, it implied something unsound in lower prices in the principal Indian mines. Among copper their previous method. New members were carefully shares Rio Tinto and Mason have maintained their rise, proved solvent; how could the old ones be tested? The the Rio Tinto market being well supported from Paris. committee stedfastly set their faces against allowing inWhatever people may say about the copper operations, terested persons to obtain the slightest information regarding there is no doubt that they have proved the most depositors and non-depositors, and rather increased the successful market manipulators of late years. Speculators general fogginess by allowing intelligence to leak out, that would do well to turn their attention to some of the some of the old members had voluntarily made deposits in low-priced copper shares, which seem to have been order to allay any fears which might exist touching their neglected. Such shares as Bratsberg, Tocopilla, and solvency. The movement was not however unanimous, Argentella seem to have a fair chance of a rise, whereas in leaving room in the minds of Insurers for something nearly these cheap shares the risk of a fall is very small. allied to a suspicion that they did not all follow, because Diamonds have continued to rise, principally De Beers of their inability to provide the necessary capital. Reasons and Jagersfontein, the former having risen as much as £3 for secrecy may have been of the best, but these, as well as since our last issue. The smaller-priced diamond shares the needed public information were kept jealously guarded have again come into favour, particularly St. Augustine. in the Committee Room. We have information that this mine is now proved to be a Naturally, a comparison would be instituted between bona fide diamond mine, and it is only a question of time these individual underwriters possessing unknown and when their diamonds will come into the market. It must problematic resources and those English insurance comalso strike anyone that, sooner or later, they will become panies with large capitals standing intact after fifty years of amalgamated with their neighbour

. This, of course, will work, whose financial positions are made public year by enhance the value of the shares some hundreds per cent. year. Still, the cause of public distrust would not have They should be a cheap lock-up at the present price, at grown to any extent but for the powerful aid of competition. least there can be no fear of a decline in value.

Foreign companies, most of them financially rotten, their MERCATOR.

domicile abroad, where a creditor might have to pursue them, opened agencies in London, and a war of rates between Lloyd's underwriters and themselves was begun,

the English companies coolly standing aloof, conscious of IS LLOYD'S ON THE “DOWN their own staying powers. Reduction after reduction in GRADE?"

premiums followed, and the loss in receipts, combined with a loss of business, must have severely tried the underwriters. All at once, a feverish rush was made to par

ticipate in the risks of fire insurance. The fire insurance The above is a question which must have presented itself

companies allowed all bad and indifferent insurances to continually, during the last year or two, to those whose

reach the "Room," but not all of their good ones, the result interest is described upon an Insurance Policy as that of

being another rush to close all fire accounts and cut losses the Assured. Merchants and bankers, years ago, were before they increased. They turned out disastrous, and at accustomed to readily accept, for personal cover or for

the present time it is difficult to insure fire risks at Lloyd's, collateral security, a Lloyd's Policy; but to-day, whilst not

even to a fiftieth of the extent possible four years ago. Not absolutely refusing, they frequently express a decided preference for one issued by a good English Insurance Company; problem whether the vaunted deposits were only available

the least interesting point in this connection was the to discrimate between which is not, however, within the

for marine losses, and not fire? scope of the present article. Rather is it to examine those

At the beginning of this year, the importance of knowing reasons which might be given in deciding whether an

who were and who were not depositors came in natural affirmative or a negative reply should be given to the title

sequence to be a matter of urgency. In an easy manner query.

the difficulty was shelved by the members guaranteeing We have all of us become better acquainted with the

one another in a system of insurance, keeping, advisedly, peculiar method in which business is transacted in Lloyd's the premiums in Lloyd's, where they were badly wanted. underwriting room, and its relative importance, quite recently; have seen the self-conscious move on the part of

(To be continued.) members for allaying a mistrust, gently breathed, but unmistakable, in the serious manner in which a sort of jointstock guarantee policy or policies have been underwritten

TEMPLE CHURCH.-NOVEMBER, 1888. amongst themselves. They have had a spasm of fear.

Some few people have imagined that the familiar“ blue ! November 4.-Morning: Te Deum Laudamus, in C (Hopkins); anchor” stamped upon a Lloyd's Policy, with its quotation

Benedictus, in C (Hopkins); Anthem, "I have surely built thee an from the Act of Parliament, forbidding anyone not an

house” (Boyce); Kyrie Eleison, in C (Hopkins). Evening: Cantate

Domino, in E flat (Hayes); Deus Misereatur, in E flat (Hayes); underwriting member of Lloyd's to underwrite thereon, was Anthem, “Heaven and the Earth display" (Mendelssohn).

in the

taught the same amount of expression," yet expression can UNDER THE PUMP.

be learnt and taught. The quotations from authorities on the value of elocution are interesting, and the chapters on

expression " and "reading” alone would render the book

a very cheap purchase. Matrimonial Law and the Guardianship of Infants. By Douglas M. We have received a little book entitled The Investors' Ford, Solicitor. (Wm. Clowes and Guide and Speculators' Vade Mecum, from Messrs. William Sons, 1888.)-Mr. Ford's plan has Bevan and Co., of 3, Copthall-buildings, Throgmortonbeen to give those sections of the street, E.C., which contains a good deal of interesting invarious Matrimonial Causes Acts formation, and is explanatory of the mysteries of the Stock which are in practice the most im- Exchange. It is full of sound advice, and is valuable as a portant, at length, with short foot. handy reference book. notes; the provisions contained in

The Insurance Register, 1888. By William White, F.S.S. the sections not given in extenso are also briefly indicated. One con

(C. and E. Layton). --The twentieth publication of this

useful annual sustains its well-earned reputation for keeping spicuous defect in the work has been

us informed up to date on the subject with which it deals. the insertion of a solitary reference to the Law Times Reports. For

The fund of information it contains relative to all British

Insurance Companies may be said to be indispensable, not cases of such importance as Wilson v. Glossop, reported also 20 Q.B.D., only

to the officers and shareholders of the Companies but 354; Pape v. Pape, reported also 20 Q.B.D., 76; re

to the general public. Solicitors, who have so constantly Scanlan, reported also 57 L.J.R., Ch. 718; and this is not

to be advising clients on Insurance matters, cannot well an exhaustive list of instances: the notes consist, almost

afford to be without this handy book of reference, whose

great value consists in the clearness of its arrangement. exclusively, of statements somewhat short, and sometimes of insufficient or inaccurate decisions; and in some cases

Whatever they want to know about the Insurance world

is to be found in this compact Register almost at a glance. the brevity aimed at has been prejudicial, not merely in this respect, but also by reason of cases which should Messrs. William Clowes and Sons. Limited have rehave been cited having been passed over in the process of cently, or will shortly, publish the following: A Third selection. On page 5, there is a statement that “ unreason- Edition of “ The Powers of Executive Officers,” by A. W. able delay will disentitle the petitioner to a decree" for Chaster ; “Patent Laws relating to Foreign countries,” nullity on the ground of respondent's impotence. This is which will form a companion to “Carpmael's Patent Laws hardly correct; if it is clear there is no want of sincerity of the World"; a work on “Fraud and Fraudulent Misin petitioner's complaint, and the impotence is undoubted, representation,” by Sydney Hastings, Barrister at-Law; mere delay is not sussicient to disentitle the injured “Matrimonial Law," by Douglas M. Ford, Solicitor; person to relief,

See M. otherwise D. v, D., 10 P.D. 75. "County Court Acts and Orders," by Henry Stephen, of Pape v. Pape (ubi supra) did not decide, as stated on p. 57, the Middle Temple, and Reginald Arthur Stephen, Registhat “where there is an agreement to live separate trar of the Lincoln County Court; and they have several Married Women (Maintenance in Case of Desertion) Act, others on important legal subjects in preparation. 1886,“ does not apply.” What if the agreement were entered into not in good faith, but for the very purpose of evading

The “Annual Practice” (Maxwell & Son), which is now the provisions of the Act? the Court did in fact decide looked for at the commencement of Michaelmas Term, will that, taking all the facts, including the bonâ fide agreement

we understand be published to-day. With a view to for separation, into account, there was no evidence of making the work as complete and reliable as possible, the desertion within the Act. So in citing In re Bethell, 38

Notes to certain Orders regulating special parts of the Ch.D., 220. Mr. Ford says, “a polygamous marriage practice, such as Order 14 (Summary Judgment) and Order

must necessarily be void according to the law of 31 (Discovery), &c., have been re-written by members of England." Of course it is, but the peculiarity of that case

the profession who have made these particular branches of consisted in the fact that only one wife had been taken, procedure their special study. In order to keep the prinand the question was whether the union recognized by the cipal part of the book within a portable size, a Supplementribe of the Baralongs, who permitted polygamy, as a marriage tary volume has been added, in which are printed such was also a marriage in the Christian sense; and the judge matters as are not in frequent use, or which can be used was of opinion that Bethell did not, in going through the independently of the matter contained in the principal tribal form of marriage, when the evidence was considered, work. The system which has been so successfully carried indicate (polygamy being permitted by them) an intention

out in the "Annual Practice," of publishing every year a to contract "a voluntary union for life of one man and one work brought down to date at a low price, is now about woman to the exclusion of all others." These are not the to be extended to the County Courts. The two well-known only instances in which greater fulness would have been

Practices “Pollock and Nicol's County Courts” and preferable to the brevity we find. Rules and regulations "Heywood's County Courts,” are to be amalgamated under as to procedure, a table of fees and an appendix of forms, the editorship of Messrs. Nicol and Heywood, and published render the book, even with the defects we have pointed out, annually at a price that will be comparatively nominal. a useful pocket companion ; but it is to be regretted that

The first annual edition will be issued shortly by the Mr. Ford did not carry out more thoroughly a plan ad- publishers of the “Annual Practice." mirable in conception.

Elocution, Voice, and Gesture, by Rupert Garry. (Bemrose Books received:and Sons, 23, Old Bailey, E.C. 1888.) (Second Thousand).

A Digest for the Intermediate Examination of the Incor-Mr. Garry's remarks indicate a clear comprehension of the

porated Law Society. By R. M. Stephenson, LL.B. various defects in reading and speaking which the unhappy

(Horace Cox). The Whewell Lectures on International listener is doomed but too frequently to endure. To state

Law. By Henry Sumner Maine, K.C.S.I. (John Murray). these defects clearly is to render a service of no inconsider

The Magazine of Sport, (Iliffe and Son). A Guide to able merit, but Mr. Garry also gives practical remedial

Criminal Law at the Bar Final. By Charles Thwaites. hints, by some, at least, of which there are very few of us

(Barber). Cassell's New Popular Educator. (Cassell and who could not profit. It is a century, since Mr. Cowper Co.) The Holy Bible

. Illustrated by Gustave Doré. made the wearisome impeachment of Warren Hastings more

Halfpenny Parts. (Cassell and Co.) than bearable by his admirable reading, and some of our readers may remember one who, at a later date, made the epistles of Saint Paul sound, in the cathedral of our metro- Lord Chesterfield says:-" If you would either please in a private company polis, with the force of a new revelation. Non cuivis homini or persuade in public assembly, airs, looks, gestures, enunciation, proper ac

cents, just emphasis, and tuneful cadences are full as necessary as the matter contingit to reach such power of expression, yet we entirely itself." How to acquire these, and also how to keep the Voice in good preser.

vation, can be learnt from RUPERT GARRY'S Work, " ELOCUTION, VOICE agree with Mr. Garry that though "everyone cannot be

AND'GESTURE." (Bemrose, is.)





(Continued from p. 348, Vol. VII.)

To the Editor of PUMP COURT. SIR,_" As a constant reader, I have observed with satisfaction, that for some months past PUMP Court has taken to itself as a leading motto Pro Lege. You have always, I know, been a consistent and soundly sensible upholder of law and order, and I do not regard your new motto as evidence of any new faith or aim, but I do congratulate you on choosing this motto, as the very war-cry and watchword of honest citizens who desire the welfare of their country, and who have the clearness of vision to see the present loosening of moral and political sanctions. As every lawyer is, I am, well aware of the distinction between lex, the existing recognised law, which is well known or easily ascertainable, and jus in its broadest signification of moral right and justice; but I fear that this distinction is not distinctly enough recognised by the people at large, and I am not the only member of the legal profession who may regard with apprehension, and even with some shame, the indifference shown by even prominent members of the bar to this fatal confusion in some lay minds. The whole object for which any legislature exists is to bring lex, the law, into harmony with jus, the prevailing moral sense of fitness and justice, I say the prevailing sense, because it cannot surely be supposed that any dishonest or ignorant person is to set his sole judgment up in condemnation of the existing law and custom of this realm. If the lex be at fault, change it or get it changed by the available constitutional methods; but it is quite as justifiable for any single individual to defy any enactment that does not suit his fancy, as it is for any class, large or small, to abrogate at their pleasure any statutory rule which does not quite suit their convenience. People may tire of hea ng this dinned into their ears, even as the Greeks of old tired of hearing Aristides called the Just. But it is the first lesson and should not be ended, but begun and read over and over again till it meet with the unanimous approval of the audience."

(We quite approve these views of our learned correspondent, and we shall not tire of pointing out the necessity of marking, digesting and acting upon the motto of Pro Lege. We regret to observe signs of the spread, even in the rural districts of England, of a disposition to set lex at defiance. Witness the absurd recent claim of some people near Winchester to go " nutting” and breaking the trees of the woods there in dispite of warnings and prohibitions by the Ecclesiastical Commissioners; and only last week the case of cow impounding in Epping Forest. We should like much to hear the honest private opinion of Mr. William Morris, Socialist, on such matters. His methods of inculcating the new morality are not always the most wise. His last socialist play aims at bringing the law and its administration into contempt. It is clever, no doubt, but that is no " set off" to its immorality.]


Advocacy is a noble art, and it is one of such varied experience that it makes its followers charming companions and agreeable friends. I always feel, therefore, that it is a thousand pities that the pleasantness should be marred, to a great extent, so far at least as the other branch are professionally concerned -aye, and even beyond that--by an idea of exclusive caste superiority, which is generally imbibed, and seldom, if ever cast off. I do not attach much importance to the fact that the history of the barrister and of the solicitor, distinctly and undoubtedly, shows that the assumption of the sole right of advocacy by the former is an act of professional usurpation; because, there it is, and in this age we must take things as they are, and as their merits stand, without endeavouring to undermine them by antiquity; but this superior assumption is well-known, and between two callings, whose duties should be reciprocally equal, it is detri. mental to the characters and usages of both. I now turn to my last point--the question as it affects the solicitor. For what the statement may be worth, we are assured by "Temple that he is not " inferior"; and I have, myself, heard leaders of the bar-especially at public banquets--give the same assurance, and urge that the whole profession should never lose sight of the grand distinction between bench, bar, and solicitor, on which our law is based, and within the grades of which all are brethren! I always listen to speeches like this with a smile, and remember the recent utterance of the great statesman beati possidentes !". The fact is, that this admission of fraternity is merely convivial compli. ment; and, while it may be listened to with momentary applause, it is well known that it is such. Shakespeare has said it, and it is as true now as it was in his day, and ever must be true, that, except side by side, two men cannot ride on the same horse unless one is behind, and has the back seat, A back seat is a back seat all the world over; and the man who sits in it, even on a noble animal, has all he can do to keep level with the holder of a front seat, even it may be on such an inferior animal as a donkey. There is no getting out of this, be it disguised as it may. Nothing but consciousness of this could lead the practical lawyer to put up with various acts within the legal profession which are called etiquette, but which, but for that name, would, between gentlemen, be marked insults. Nothing but a long-standing and habitual recognition of this position could lead the Council of this Society to submit patiently to the humiliation so often put upon it, when in its own council chamber, and in the seat of its own president, and, at times, to his displacement, in one of the most important com. mittees, an official, almost always a member of the bar, takes the chair, and conducts the deliberations. I will venture to say that such a thing does not happen in a single other calling in the country; but it is based on the absurd old dictum that while the barrister is an "amicus curiæ," the solicitor is but an "officer" of the Court. I remember that, some years ago, we ventured, upon invitation, to express our candid views, perhaps a little bluntly, but quite truthfully, on the question of counsels' fees. We intend it as a mere reference to a system, and with no aspersion on the honour of any single human being. Words can hardly describe the indignation with which this act of supposed rebellion was received. We scarcely, indeed we dare not, address our domestic servants in the terms in which the Society were, as a body, scolded and rated by bench and bar for this act of insubordination by those whom, after dinner, they call brethren; and we were dosed with homilies as to the integrity of the great scientific profession, who would be “ wanting in all self-respect " if they listened to such suggestions as if integrity were concentrated in that calling, and existed nowhere else! There is, in fact, no getting out of it. How can there be, so long as, with a few exceptions to be counted on the fingers of one hand, practical lawyers are deemed unfitted to bold any post under the Crown beyond such as could be adequately filled by any one of their decent managing clerks? To say ihat practice in advocacy is necessary for judgships or should be necessary in a proper legal system is moonshine. Judgeships are given to barristers, and they are by no means our worst judges, who have seen little of Courts. I could name at our council table half-a-dozen men straight off who would at once be as good judges as any on the bench. “We have," says a Canadian correspondent of the Irish Law Society, " several excellent judges who were never eminent as advocates.” The exclusion of the practical lawyer in our country from high judicial posts is an act of flagrant injustice to him, and of injury to the public. But, to the profession the injury goes far beyond the mere loss of post and emolument; and this, to my mind (so far as the profession is concerned), is the greatest point of all. Wealth is, no doubt, a great essential in these days; but, I always rejoice that, in our historic country, money is not the only honour. It must be good for a country that there should be something else to be striven for; and, while we may have no desire to destroy an old system of hereditary title, the chief value attaches to those which are personally earned. And it is an honour-it is an ennobling and elevating thing to be able to strive for a recognition-for it comes to that—from our Sovereign and our fellow-countrymen that we have not laboured in vain ; and, that the mark of our not having done so is to be borne about our names, our persons, and our families. I say that this is an elevating and ennobling agent in man's work; and, if it is so, it is an unjust and injurious thing that it should be closed to any profession which can boast of work, of honour, and integrity. It is marked, emphatically, as an injustice when a calling closely cognate

The Right Honourable John HAY ATHOLE MACDONALD, C.B., Q.C., LL.D., Her Majesty's advocate for Scotland, has been appointed Justice Clerk and President of the second division of the Court of Session, in the room of the Right Honourable James Baron Moncreiff, resigned.

Mr. MOIR STORMOUTH DARLING, Scotch advocate, has been appointed Solicitor-General for Scotland in succession to Mr. James Patrick Bannerman Robertson, who has been appointed Lord Advocate. Mr. Darling was born in 1844, educated at the University of Edinburgh, and admitted a member of the Faculty of Advocates in Scotland in 1867.

Sir Thomas CHAMBERS, Q.C., Recorder of London, has been appointed Returning Officer for the London County Council.

Mr. GURUDAS BANERJEE has been appointed a judge of the High Court of Judicature at Calcutta.

Sir Thomas SIDGreaves, Knt., has been appointed a Magistrate for Worcestershire. Sir T. Sidgreaves was born in 1831, educated at Stonyhurst College, and graduated B.A. at the University of London in 1853. He was called at the Inner Temple in Trinity Term, 1857, and joined the Northern Circuit. He was Attorney-General of the Straits Settlements from 1871 till 1882, and he received the honour of knighthood in 1874.

Mr. CLAYTON LEWIS GLYN, Barrister-at-Law, has been appointed a Magistrate for the County of Essex. Mr. Glyn was born in 1857, and educated at Merton College, Oxford. He was called at the Inner Temple in June, 1883, and joined the South-Eastern Circuit and the Essex and Hertford Sessions.

Mr. JOHN GORDON Walsh, solicitor, of Oxford and Bicester, has been appointed Clerk to the Police Committee of the Oxford Town Council. Mr. Walsh was admitted a solicitor in 1886.

Mr. John RILEY, solicitor (of the firm of Riley and Kettle), of Wolverhampton and Dudley, has been appointed Registrar of the Dudley County Court (Circuit No. 23), and District Registrar under the Judicature Acts, in succession to the late Mr. Thomas Walker. Mr. Riley was admitted a solicitor in 1845.

« 이전계속 »