tors with respect to a dividened on a debt due to him by the company, and will receive a dividend on his whole debt, without any deduction on account of his liability to future calls.

Report of the Parliamentary Committee on the Law of Master and Servant.-The Select Committee of the House of Commons on the Law of Master and Servant has issued its report. Its principal recommendations are, that all cases in this branch of the law should be publicly tried before two or more magistrates or the Sheriff; that procedure should be by warrant to cite, and failing the appearance of the defendant the Court should have power to grant warrant to apprehend; that punishment should be by fine, and failing payment by distress or imprisonment; that the Court should have power in its discretion to order fulfilment of the contract, and to exact security therefor; that the Court should still have power to imprison "in aggravated cases of breach of contract causing injury to person or property;" that the arrest of wages in Scotland in payment of fines should be abolished. The Committee add that they are not prepared to recommend, as suggested to them, that in all cases of breach of contract between master and servant, it should be competent to examine the parties as in civil cases, although the offence be punishable on summary conviction.

Appointments.-George Burnett, Esq., advocate, who has for some time held the office of Lyon-Depute, has been appointed Lord Lyon King-at-Arms. John Hunter, Esq., has resigned the office of Auditor of the Court of Session, and Edmund Baxter, Esq., S.S.C., has been appointed in his room.

Colonial Appointments for the Scotch Bar.-This journal has repeatedly asserted the claims of the legal profession in Scotland to a more liberal share of legal appointments in the colonies than has hitherto been accorded to it. It is satisfactory to learn that Lord Advocate Patton has taken up this matter, and that in consequence of his representations the Colonial Office has already placed two nominations in his gift, viz., to the judgeship or chief magistracy of the Gold Coast, now vacant, and to that of Gambia, shortly to become vacant. A Scotch advocate will probably not covet very much an appointment on the west coast of Africa; but we trust that this prompt attention to the Lord Advocate's claim betokens the end of the unjust neglect under which the Scotch bar has too long suffered in this respect. It is also matter for congratulation that we have now a Lord Advocate willing

to interest himself in the prosperity of the profession to which he belongs.

An Examination for the Degree of Bachelor of Laws of the University of Edinburgh will be held on the 23d, 24th, 25th and 26th of October. Candidates must leave their names, with evidence of their being graduates in arts, and certificates of attendance on the necessary courses of lectures, with the Secretary of the University, not later than Sept. 30.

Curriculum of Study and Examinations of Procurators.The General Council of Procurators have issued a curriculum of study for persons applying for admission as procurators, and regulations as to the subjects in which they shall be examined. The office-bearers with three other members of the General Council shall be examiners, and diets for examination shall, if required, be held on the second Thursday of January, the second Thursday of April, and the second Thursday of September in every year, at Edinburgh, Glasgow, and Aberdeen. Applicants for admission after 1st January 1868, shall produce evidence of having attended University classes of Scots Law and Conveyancing, but this shall not apply to any person under indenture at 5th July 1865 (the date of the passing of the Act), or who had prior to that day completed the term of his apprenticeship. The examinations shall be partly written and partly oral, and shall consist of two parts. Part I., General Knowledge: embracing English Composition; Histories of Rome, England, Scotland; Geography; Arithmetic; Book-keeping; Latin; any Book of the Æneid, or of Caesar's Commentaries, to be selected by the applicant; Logic, or, in the option of the applicant, Mathematics -first three books of Euclid. Part II., Law, and Legal Training and Practice; (1) Scots Law, including Criminal Law and the Law of Evidence; (2) Conveyancing; (3) Forms of Process both in civil and criminal cases. Applicants to have the option of being examined in the two parts at one or different diets. They must give twenty-one days' notice to the secretary of their wish to be examined, and at the same time transmit their discharged indenture or other evidence of apprenticeship; a certificate of any examinations passed during apprenticeship, with certificates of attendance at classes, and five guineas as examination fee. If an applicant on examination is found not duly qualified, he may apply again, on paying an additional guinea.

THE

JOURNAL OF JURISPRUDENCE.

LAW STUDIES.

No. IV. SCOTLAND.

Of the four Universities of Scotland, that of Edinburgh alone possesses a Faculty of Law that makes any pretension to completeness. It is true that in Scotland, as everywhere else, the study of the Civil and Canon law was embraced in the original scheme of the older Universities. The Papal Bull of Benedict XIII. provided for it at St. Andrews in 1413; and in the second erection of St. Mary's College in 1553, the Canonist, who was to be in Priest's orders and Sacrorum Canonum licentia decoratus, was enjoined to teach the Canon Law five days a-week. But the St. Andrew's Canonists and Civilians have long been silent, and they and their offices must be sought for only amongst the picturesque and stately traditions which cling to that storied seat of learning. The original Constitutions, both of Glasgow and Aberdeen, contained similar provisions; and both of these Universities still boast of a legal Faculty. But if the maxim tres faciunt collegium be applicable to a faculty, there is no real Faculty of Law in either of them; for the so-called Faculty of Law in Glasgow consists of two, whilst that of Aberdeen is represented by a single professor.

In Edinburgh, though professores jurium are mentioned in the Charter of Constitution of James VI., in 1582, their establishment does not appear to have been one of the primary objects of the institution, and they drop in only incidentally as it were, before referring to the quarumcunque aliarum liberalium scien

VOL. X. NO. CXVIII.-OCTOBER 1866.

2 D

tiarum, the ultimate establishment of which, as subjects of separate teaching, was, with great liberality, declared to be nullam rupturam prædictæ mortificationis. Accordingly, though it may be quite true, as Dr. Irving asserts, (Vol. ii. p. 222), that there were both professors and teachers of the Law in the University of Edinburgh so early as the year 1590, we believe the Royal Commissioners of 1831 are substantially correct in pronouncing a Faculty of Law, in the University, to be of recent origin. "There were," say the Commissioners, "no materials for the formation of the Faculty of Law till 1709, when the civil law class was instituted, there being before that period no kindred class but that of public Law, which had been founded two years before. The class of Scotch Law was not established till 1722; and it is not till a few years after that period that there is any notice of a separate Law Faculty to be found in the records or minutes of the University, (Gen. Report of Scot. Univer. Commissioners.) It is but too true that "materials" for the endowment of learned institutions, in the material sense, have at no period been abundant in Scotland. But there is reason to believe that it was not want of materials, in any sense, so much as want of motive, which at the period of the foundation of the University of Edinburgh, and for the century and a half that followed, caused the Faculty of Law to be overlooked. In the circumstances in which Scotland was then placed, a native School of Law really was not wanted; and as this fact explains, moreover, the fragmentary and incomplete character which was given to the Faculty in Edinburgh when it was established by men who not only attached a high value to learning, but themselves were learned lawyers, far beyond most of us at the present day, it may be well to substantiate it by a few words of historical explanation.

In consequence of the long alienation from England, and the intimate connection with France, the profession of the Law in Scotland, like the law of Scotland itself, and indeed the whole framework of Scottish Society, was moulded by continental influences to an extent scarcely conceivable to an inhabitant of Great Britain at the present time. "It is matter of historical fact," says the very able Report to the Faculty of Advocates, which guided the University Commissioners in the reforms which they recently introduced into the Faculty of Law in the University of Edinburgh—" it is matter of historical fact, that Scotch lawyers,

from the institution of the College of Justice down to a comparatively recent period, were in the habit of acquiring a knowledge of the Civil Law, and of completing their general education, at Continental Universities. Their education there frequently occupied a number of years; and not contented with attending the lectures of the professors, they also sometimes attached themselves to some celebrated lawyer, at whose consultations they were present. This had come so much to be the prevailing practice, that in the reign of Charles I. it was thought 'strange to see ane man admitted to teach the lawer who was never out of the countrie studieing and learning the lawes.' (Spalding's History of the Troubles, i. p. 179.) The reputation of several eminent French professors attracted to the French Universities students from all quarters of Europe. After a time, however, the current changed, and Scotchmen went to Leyden and Utrecht, instead of Bourges and Toulouse. On their return home from this foreign education, they applied for admission to the Bar, upon a petition which gave an account of their University studies."

These petitions are preserved in the Archives of the Faculty of Advocates, numerous extracts are given from them in the Report, and as the preceding statements are based on the information thus preserved, there cannot be the slightest question as to their accuracy. The period of residence abroad was scarcely ever less than three years, and extended sometimes to seven or eight, five years being apparently about the average. As to the duration of the practice, the concluding sentences of this portion of the Report are instructive. "The practice of attending continental Universities continued, more or less, down to near the end of last century. It terminated with the wars consequent on the French Revolution. As the French armies entered Leyden and Utrecht, the last resident Scotch teachers left; and the connection between Scotland and the Low Countries, in matters of education, then finally closed. How intimate this must have been is evident from the single circumstance, that in almost all the Universities of France, Holland, and Italy, Scotchmen were professors; whilst Hadrian Damman, of Bysterveldt, a Dutchman, was appointed, in the year 1594, Professor of Law in the University of Edinburgh." It is a remarkable proof of the tenacity with which national customs retain their hold, that the habit of resorting to the Foreign Universities gradually re-asserted itself after the termination of the