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and official institution for imparting legal instruction. Several distinguished jurists flourished during this reign; the greatest of whom was unquestionably Jean Domat, born at Clermont in Auvergne in 1625. In his youth he was long resident in Paris, was closely allied with the Port Royalists, and received the last sigh of Pascal, whose intimate friend he was. The first edition of his great work on the civil law appeared in 1689. It is still an authority, and affords an admirable example of the fundamental principles of Roman law applied to French manners and legislation. Domat died in Paris, in 1696, at the age of 70. It is to an advocate of this century—d'Etienne Gabriac de Riparfonds—that the Bar of Paris owes the foundation of its library, and the institution of the admirable custom of the conferences of doctrine held therein. Riparfonds possessed a noble collection of books, and this he bequeathed by will to the bar,* at the same time expressing his desire, “that his brethren should meet together from time to time in the place where the library should be deposited, in order to discuss points of law.” The library was formally opened in May 1708, in presence of d’Aguesseau, procureur général, M. M. Lenain, Joly de Fleury, and Lamoignon, advocates general, and of Nivelle the batonnier. Mass was celebrated by Cardinal de Noailles, and an oration was pronounced upon Riparfonds, who is termed “the most famous consulting counsel of his time.” The first conference was held in December 1710, it having been previously agreed that the discussions should take place on questions sent to that benches by the batonnier some days before, in order that every one might come prepared. They were held thereafter every fortnight, and many great advocates and judges honoured them with
Thus, the advocates general Lamoignon, de Chauvelain, and Joly de Fleury, were frequent attenders, and the procureur général d’Aguesseau not only attended, but proposed questions, and took part in the discussions. M. Bellart, one of the most eminent advocates of the present century, thus eloquently describes these conferences, at which, in addition to the discussions on points of law, gratuitous consultations were frequently given to the poor.
"It was there, in these fortnightly re-unions, that young aspirants learned how to regulate their forward ardour by the advice of the old chiefs of the bar, who showed how zeal must be tempered by modesty, and the will submitted to the yoke of
* About the same date and with same purpose as foundation of Advocate Library, Edinburgh.
a salutary discipline ; it was there that glory and probity, the brilliant qualities, and the modest virtues, blended in the most touching fraternity, rendered homage to their mutual success, of which every one was proud and no one jealous, because it was the common property of all. It was there that talent itself would not have ventured to seek absolution for having violated the law of duty; and there that we early learned that horror of acting dishonourably which became the rule of the rest of life. These re-unions presented the affecting spectacle of friendly rivals, suspending their debates to lavish upon each other a sincere courtesy, champions illustrious for their many triumphs, conferring on equal terms even with mediocrity, and raising it to their own level.
We there beheld orators entrusted with the most important interests, and jurists devoted to the most abstruse studies, forgetting both their long array of clients and their profound science, to hear with simplicity, and disentangle with patience the diffuse, and often obscure narratives of peasants, women, and all sorts of poor people, who left them enlightened as to their rights, better disposed to come to a peaceful understanding, and not unfrequently with their necessities relieved.”
LOTTERIES, Past and Present, Legal and Illegal. By W. B.
DUNBAR, Assistant Procurator-Fiscal, Dundee. Revised by
It will be no recommendation to most of our readers that this pamphlet is a revised reprint of articles printed in the sectarian periodical known as “Thé Bulwark.” We are glad, however, to say that in its present form Mr Dunbar's little work contains only about two pages on the matter of Roman Catholic lotteries, and that he frankly admits the equal illegality, and urges the discontinuance of those “set in operation in connection with bazaars in Scotland, by Protestant clergymen of various denominations ;” which, be observes, however, "are of a local character, and have not, rather curiously, incurred the odium attached to the systematic and universal Roman Catholic lotteries." Whatever may have been the origin of the pamphlet, it is very credit
VOL. X. NO. CXVI.—AUGUST 1866.
ably executed, and gives a short and clear statement of the past legislation, and existing law, on the subject of which it treats.
Mr Dunbar points out the extensive and questionable use of lotteries for commercial speculations of different kinds, notwithstanding their illegality; as, e.g., in sweepstakes on horse races, and to attract subscribers to periodicals, purchasers of sewing machines or of the photographs of the National Photographic Association, as well as in other schemes :
“Besides occasional lotteries got up for special purposes, there is a regular class of men who subsist entirely by the lottery system, travelling from town to town, and disposing of cheap and showy merchandise by means of the “wheel of fortune," in shops which they open for the purpose. Occasionally, the authorities give these erratic and illegal merchants notice to quit, under threat of prosecution ; but a prosecution is rarely instituted. If their calling is discouraged in one place they avoid the penalties of the law by simply removing to another place, -and thus they go the round of the three kingdoms. The process of interdict is not sufficiently speedy or effectual to curb the career of these adventurers. In various towns in Scotland, there are regular weekly raffles or lotteries for various kinds of property, got up by needy individuals. Concerts and other entertainments which have not in themselves sufficient elements of attraction, are made to pay by attractive prizes or presents being distributed to the audience by lottery, tickets for which are presented gratis. Our fairs are infested with well-known characters who ply their vocation in various illegal games of chance, among which the “lucky lottery” finds a place. The General Police Act in Scotland empowers magistrates to deal with this class of offenders as having no lawful means of gaining their livelihood. Their practices, however, are generally winked at by the police, and it is rarely that a magistrate is called upon to exercise his power. Some persons may think it unfair and invidious to include these vicious games and lotteries in the same category with lotteries for sacred purposes; but they all find their level on the same ground of illegality.”
Our author raises the question whether the exception to the general prohibition of lotteries in favour of Art Unions should be continued ; but, although the Art Union principle may have been abused, public opinion will not now admit of the withdrawal of the exceptional privilege. It may be desirable, however, that some more stringent measures should be taken to prevent abuses. Mr Dunbar's view of the remedy is that :
“No further legislative measure is necessary to arm the executive, so far, at least, as the wide-spread schemes advertised in our newspapers are concerned. The remedy for these exists in the present state of the law, which only requires to be enforced. The procedure, however, might certainly be simplified, and at same time rendered more speedy and effectual, if cutions were authorised by local officers in any place where the law is violated, instead of confining such prosecutions to the courts of the metropolis. It
may safely be affirmed that if private prosecutions were still lawful, the present extensive lottery system would not have existed. Private prosecutions, however, are not now unfortunately authorised; the law officers of the crown only can enforce the law, and upon them the duty devolves, and the responsibility rests, of its proper administration. The provisions of the Acts of Parliament of 1836 and 1845, before noticed, affixing a penalty of £50 to the printing and publishing any advertisement or notice of any lottery not authorised by law, are of the simplest possible character for putting an end to the graver class of illegal lotteries, by preventing all publicity as to their existence; and in the enforcement of these provisions no difficulty can be experienced. The like penalty might properly be extended by the legislature to all persons who dispose of tickets for such illegal lotteries.
“In regard to local lotteries in the shape of subscription sales, rafiles, or otherwise, these can, as we have seen, be effectually prevented by the process of interdict at the instance of the fiscals, unless where the offenders are of the erratic class. To deal efficiently with these persons, a legal measure of a more speedy and potent character is necessary, and it is worthy the consideration of our legal officials whether such a measure should not be applied for from the Legislature. Unless some such measure is obtained, they may safely carry on their illegal practices with impunity. As for our smail offenders at fairs and markets, we commend them to the care of the police, who have sufficient powers under the Police Acts to prevent them carrying on a profitable trade."
We are inclined at present to object to the introduction of the system of private prosecutions, which would merely put a new means of persecution in the hands of the Scottish Reformation Society, whose advertisements adorn the cover of Mr Dunbar's book. But, on the whole, the pamphlet will do good service in calling attention to a subject which, we fear, is somewhat neglected by our public authorities,
Legal Education.--- At a meeting of the Faculty of Advocates, held on the 18th inst., a resolution was, by a considerable majority, passed to the effect, that the whole law curriculum of the University of Edinburgh should hereafter be made incumbent on candidates for admission to the Bar. A motion, which was at the same time before the Faculty, with the view of dispensing with compulsory attendance altogether, and leaving qualification to be tested by examination only, was, without much difficulty, rejected. A remit was made by the Faculty to a Committee to carry the principle of the resolution into effect, which, we understand, have since been deliberating on the subject. The
curriculum of the University of Edinburgh was taken as a standard, because it is the most complete in Scotland, but there is no intention of creating a monopoly in its favour. The other Universities, so far as the subjects of examination are national, are to be admitted to the same privilege; and, as to the others, the certificate of any foreign University will be received, if it be approved by the Dean and his Council. The object of this qualification is to meet the cases, such as Oxford and Cambridge, where the courses of lectures, on many subjects, are merely nominal, and which obviously could not be permitted to rank on the same footing with the other Universities, where the teaching extends over a protracted session.
The Game Laws.—A good deal of attention has been attracted during the month, and some very unnecessary controversy raised by the bill which is now in Parliament on the subject of the Game Laws. One would have expected that the ground of complaint would have been that the bill did not go far enough, yet in some quarters it has been received with as grave an apprehension as if it was going to create a revolution. The truth is, that the bill does next to nothing, at least in the way of direct enactment. For its leading, and it may almost be said its sole provision, is, that in the absence of express reservation by the landlord of the right to hares and rabbits, a tenant shall be entitled to kill or destroy them. Now it is quite obvious that this leaves the tenant very much where he is at present, that is, at the mercy of his landlord. Farms must be let, and any price will be paid for them, and accordingly the landlord is in a position to dictate his own terms. But although the bill does little or nothing in the way of direct enactment to introduce changes upon the existing law, it will prove beneficial by drawing public attention to the subject in the most powerful and legitimate form in which this could be done, and thereby putting landlords in a condition , favourable for them to realise the growing feeling of the country, that the
that the Game laws, as they at present exist, are often worked in an unjustifiable and oppressive manner, and that they cannot long continue to be administered on their present footing. More than this, looking to the angry spirit which has been imported into the controversy, and the attitude of contending interests, it would not, perhaps, be prudent to attempt at present. That any settlement of the question on such a narrow basis as forms the