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conclusion from the evidence. It is sufficient in anrutina if there were such evidence before the magatrate as in an action would be sufficient to be left to a jury: hore we cannot say that there was no evidence of the fact for the consideration of the magorde." (R. v. Smith, 8 T. R. 588; Rex. Reaven, 6 T. R. 377; Reg. v. Bolton, 1 Q. B. 66; R. v. Glowop, 4 B. & Ald. 616.)

The information and the conviction being in their natures distinct, no statement in the former can be referred to for the purpose of supplying a deficiency in the latter. Notwithstanding, therefore, the information may have been taken upon oath, and contain a perfect description of the offence, yet if any particular necessary to make up the charge be wanting in the conviction, this instrument will be bad, and will not in any way be assisted by a reference to the information. (R. v. Stone, 1 Lext, 699; R. v. Crisp, 7 East. 389.) It will be unnecessary to instance the various particulars in which the evidence may be insufficient, as these will altogether depend upon the requirements of the Act of Parliament upon which the proceedings are founded. It may, however, be here observed that every ingredient which the statute points to as essential to the offence must be developed clearly by the evidence, and be made apparent upon the face of the conviction. The rules applicable to informations, which have before been considered, may equally be applied to convictions.

A warrant of commitment under an Act such as the 4 Geo. 4, c. 34, which by section 3 treats the conviction and commitment as one matter, must be construed as a conviction, whether it recites a conviction or not. (Re Gray, 1 New Sess. Ca. 354; 1 New Mag. Ca. 116, s. c,; Reg. v. King, 13 L. J., M. C. 43.) In the former of these cases Mr. Justice Patteson, in answer to the argument that the commitment must be construed as an

order, merely said, "I cannot be told that because the Act of Parliament has been drawn imperfectly, that is, in general terms, this must be considered an order and not a conviction; for if magistrates are to have power under an Act of Parliament over an offence, then any instrument by which they convict parties under such Act is a conviction." So, in conformity with this position, it was held, in Reg. v. Tordoft, 5 Q.B. 933; 1 New Sess. Ca. 171; 1 New Mag. Ca. 17, S.C. that a warrant of commitment under that Act should shew that the witnesses were examined upon oath in the presence of the defendant. (In re Copestick, 1 New Sess. Ca. 181.) It would seem from this that it is necessary to the validity of such an instrument that it set out the evidence, as in the case of a formal conviction, in order that the Court may see (as no other conviction in fact exists) that the defendant has been convicted upon legal and sufficient evidence; indeed, in the case of Gray (supra), Mr. Justice Patteson expressed a strong opinion that this was necessary, though a decision upon the point was not necessary for the determination of that case. Of stating the evidence of the defendant.—It is the duty of the justices, as before has been seen, not only to state the evidence in support of the complaint, but that also, if material, produced by the defendant, particularly since if it appear from his evidence that the act was committed in the bond fide assertion of a claim of right, the jurisdiction of the magistrate ceases. (See ante, p. 40.) Rex. v. Lovet, 17 T. R. 153, n.; R. v. Rix, 4 Dow. & Ry. 332). So, also, if the defendant could show a former conviction for the same offence.

of stating an adjourniment.—If an adjournment have taken place at the instance of either party, that fact also should be stated upon the conviction, in order that it may appear not only that the conviction is a faithful record of all that has actually taken place, but that it may be seen that the conviction has taken place within the time limited. (To de continued.)

JUVENILE OFFENDERS.

(From the Athenæum.) In discussing the subject of juvenile reformatories, reference has been repeatedly made lately to the French Institution of this description at Mettray, near Tours. It may gratify our readers, therefore, if we communicate to them a few particulars regard ing this, which we have obtained from an intelligent and benevolent friend recently returned from the continent, and who devoted two days to its inspection.

The Colonie Agricole et Pénitentiaire de Mettray, was founded in 1840, chiefly by private subscription;

one individual, the late Count Léon d'Ourches, There is a striking resemblance between some of having bestowed on it no less a sum than 140,000 the principles which M. Demetz has here so happily francs in his own lifetime. The King, the Royal exemplified and those contended for by Captain Family, and the principal public boards and officers Maconochie in his various writings on secondary also contributed. Its object is to receive youth who punishment; and the combined testimony of two men have committed offence, but been discharged from the who have been each so favourably placed for observacentral prisons under a benevolent law, which in tion, and who could neither have borrowed from the France places criminals below a certain age, not other, is otherwise valuable than from its mere inunder punishment, but under what is called discipline trinsic weight. We are obviously on the eve of a great correctionelle. It is, thus, only one of many similar change in the whole tendencies of our criminal treatinstitutions; but it has become remarkable by certain ment. Everything seems to point to this, even the peculiarities of construction and discipline, and by errors made in regard to it: and we may observe, in extraordinary success in attaining its object. It is reference to that branch of the subject in which Capcalculated to receive 400 boys; who are not housed tain Maconochie is a labourer, that the prejudice in one great building, but are distributed into ten against the prisoner's return to society will be balf small ones, the inmates of these being further di- removed, and the efforts of those who are seeking to vided into four parties of ten each, who are trained promote it greatly assisted, when the prison shall, together, and taught by every means possible to con- under a system of judicious discipline, have become a sider themselves members of a family and interested place in which men are supposed to be made better, in the conduct of their companions equally with their instead of worse. own. It is to the "social," or it may be also called the "domestic," principle thus involved that M. Demetz, the benevolent director of the establishment, who, we believe, also originally suggested its plan, attributes his great success; but its other arrange. ments seem equally judicious.

STATISTICAL SOCIETY, Dec. 22.

Lord MONTEAGLE, President, in the Chair. The Rev. Whitworth Russell, inspector of prisons, at this meeting, brought to a conclusion the subject The object aimed at being to give especially a which interested the society at its first sitting for the rural education, a considerable extent of land is an- session in November-"the statistics of crime in nexed to the establishment, which is entirely culti-England and Wales from 1839 to 1843. The phivated by the "colonists," as they are termed; and losophy of crime-that science which investigates the while they are thus taught husbandry practically, causes, traces the extent, and inquires into the proper their minds are opened to its theories by lectures on remedy of crime-states Mr. Whitworth Russell-may all its principal departments. Workshops are also be said to be almost in its infancy. But already has maintained, in which all the principal rural trades- it attracted a widely-extended attention, by the benecommon shoemaking and tailoring included-are ficence of its aim, by the rapidity of its advance, by taught and exemplified. Reading, writing, and the acknowledged success which has attended its arithmetic, and linear drawing are superadded; and exertions, and by the certainty of its ultimate triumph. the whole is crowned by very careful religious in- By the term "crime" is meant a violation of the law struction. of the land, and not a violation of the Divine law; The forms of discipline are, as much as possible, per- such transactions as Mr. Locke, in his "Human suasive, not coercive. There are no walls,-no Understanding," observes are sins; in the same way stripes; but a list of honour is kept, into which con- that a violation of the philosophical law, or the law of tinued absence of offence for three months gives a opinion, would be a vice. Hence it is plain, that in chapel, and thus specially within the persuasive in- country, its moral character and condition is not estititle to admission; and cells are attached to the attempting to exhibit the amount of crime in any fluence of the priest, for the refractory. The whole mated, because the sins and vices of the people are not influence of the families is further enlisted in the taken into account. This is mentioned by Mr. Whitcause of order and punctuality. These vie with each worth Russell to guard against a misconception of the other in having the names of their partners exhibited design of his paper, which is to approximate as closely in the approving list; and offence is found to be more as possible to an estimate of the amount of ascer checked by being thus rendered unpopular in the com-tained crime in England and Wales during each of the munity than by any form of restraint proceeding from five years which the inquiry embraces. Doubtless a superiors. vast amount of crime will at all times elude human These are the general principles of the Institution detection; but this is no impeachment of the law or at Mettray; but let us now mark their results. Ac- police of the country, which aims not at impossibilicording to its last Report, now before us, 521 boys ties. Mr. Russell demonstrated by tables the amount have been admitted into it since its foundation,-of of committals for crime at a given time; the variawhom 105 were received in the course of last year: tions in the numbers in the same place at different 12, having been found incorrigible, have been returned times, or in different places at the same time; the to the central prison from which they were trans- prisoners classified according to age, according to sex, ferred; 17 have died,-of whom 6, strictly speaking, according to the nature of the charge or sentence, Infirmary and never left it; 144 have been discharged bers committed, convicted, or acquitted, together never joined, having been originally received into the according to the number of recommittals; the numto places-7 of these have been re-convicted; 9 are with the ground of acquittal in special cases; the but indifferently conducted; but 128 are without re-proportion which the total numbers of criminals bears proach, and promising to do well.

In the interior of the establishment, the success, and, by consequence, the excellence of the management are not less manifest. During the last year, threefifths of the inmates maintained their name on the list of honour; and the religious feelings of all of the Catholic Church, a greater degree of solemnity appear powerfully developed. According to the rites is given to the religious exercises, even of the very young, at different seasons of the year; and a considerable diminution of petty offences is always found to precede these occasions and characterise the preparation for them.

to the several classes of criminals and to the popula tion; and finally, the amount and degree of education, or the total absence of education, intellectual, moral, or religious. The tables laid before the meeting were the result of vast research, and eleven in number, and particularized as follows:

each year of the series. 1. Prisoners tried at assizes and sessions during

each year of the series-a very numerous class, ex2. Prisoners under summary convictions during ceeding 70,000 per annum, of whom no information is to be obtained, except in the criminal tables published by the home inspectors of prisons.

3. The result of the proceedings respecting the prisoners tried at assizes and session-i. e. the prisoners convicted, acquitted, &c.

4. The prisoners recommitted.

5. Terms of imprisonment before trial. 6. Terms of imprisonment after trial.

7. Terms of imprisonment under summary con8. Prisoners sentenced to transportation and terms of transportation.

The object being to rear labourers, not scholars, only one hour per day is given to instruction purely intellectual,-but, possibly through this very circumstance, the progress made is very rapid. Of the entire number who have been received, 137 were previously able to read, and 84 to write; but in a very short time after entering, all are made to read, write, and cipher easily and readily; and in mental arith-victions. metic especially their proficiency is even remarkable. Very many draw well; and all study music as a recreation. In church music they are especial proficients. An air of intelligence and good purpose pervades the whole establishment; with a remarkable look of trust and affection towards their benevolent chiefs, M. Demetz and Viscount Bretignières de Courteilles, the latter of whom originally bestowed the ground on which the establishment stands, and, residing in its near neighbourhood, shares the labours of M. Demetz as resident director.

The revenues of the institution proceed partly from private subscription, partly from an allowance made to it by Government of what each boy would cost per day were he detained in prison; and, exclusive of the cost of new buildings and other permanent improvements, the expense, we are assured, does not very much exceed this latter sum, and is likely to fall below it when the land attached to the institution is brought into full cultivation.

9. Game law convictions.
10. Vagrant Act convictions.

11. State of instruction of prisoners.

12 and 13. Comparative view of the increase or decrease of crime in certain counties where there is a constabulary force and where there is none.

France and Belgium with those of England and 14. Comparative view of the statistics of crime in Wales.

classes of crime, assizes and sessions, and summary 15. View of the increase and decrease of the two convictions in the several years between 1839–43.

cent. compared with the population, among military 16. Tables shewing the increase or decrease per prisoners, reputed thieves, and a miscellaneous class, in assaults, in the want of sureties, and under the following laws:-Malicious Trespass Act, Larceny Act, Police Act, Revenue Laws, Bastardy Laws.

To ensure general accuracy, Mr. Russell has constructed a table of population calculated on the basis of the census of 1841, taken according to the ascertained rate of the annual increase of the female lives during the period 1831-1841. The value of such table is at once apparent.

The increase of assize and session prisoners is

....

That of summary convictions..

Total increase..

20.8

34.1

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He also finds that the year 1842 exhibits the greatest

amount of increase, namely:-
In the assize and session prisoners
In summary convictions

...... ....

Total increase in that one year

13.5 per cent.

9.9

23.4

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Act.

THE PRACTICE OF WILLS.
By G. S. ALLNUTT, Esq. Barrister-at-Law.

BOOK I.

CHAP. III.-ON THE EXECUTION OF WILLS.
(Continued from page 465.)

From these sections it will be seen that the principal object of the framers of the Act upon this point has been to render the will valid, notwithstanding any objection which may exist to the witnesses who attest its execution. The solicitor will not, for obvious reasons, rely upon these enactments when he has the opportunity of selecting witnesses, not coming within the classes whose competency is declared by this Act. The 9th section of the Wills Amendment Act does not, it will be seen, require that the witnesses should sign the will in the presence of each other, but it will not be prudent in any case that either of the witnesses should leave the room until every requisition of the Act is complied with.

those who refuse to contribute the small sum or husband, any beneficial devise, legacy, estate, required of them as their share af the prelimi- interest, gift, or appointment of, or affecting any nary expenses. No doubt this will be generally real or personal estate (other than and except adopted, and it will be the duty of the legal charges and directions for the payment of any debt advisers of allottees to recommend their clients or debts), shall be thereby given or made, such dein his elaborate work, are, in his opinion, far from of a struggle, where success is so doubtful; the execution of such will, or the wife or husband The results arrived at by Mr. Whitworth Russell, to pay, rather than incur the cost and anxiety vise, legacy, estate, interest, gift, or appointment shall, so far only as concerns such person attesting satisfactory. He finds that a considerable increase that is, provided they are satisfied that the de- of such person, or any person claiming under such has taken place both of those for trial or tried at as-mand is a fair one; that the expenses are person, or wife, or husband, be utterly null and sizes or sessions, and of those committed under sumnot unreasonable; and the quota apportioned void, and such person so attesting shall be admitted mary convictions. to each share its proper proportion of the exas a witness to prove the execution of such will, or 13.5 per cent. penses, and that it will be honestly applied. to prove the validity or invalidity thereof, notwithIn such cases the first loss is always the least. standing such devise, legacy, estate, interest, gift, A great effort is being made by the share- or appointment mentioned in such will." By the holders to put a stop to many of the railway 16th section it is enacted, "That in case, by any Bills now passing through Parliament, on the will, any real or personal estate shall be charged plea that they create liabilities which, in the with any debt or debts, and any creditor, or the present state of the market, cannot be met. The wife or husband of any creditor, whose debt is so course is clear enough. Let the shareholders charged, shall attest the execution of such will, such Whereas in the following year there is a decrease of petition against their own Bill, which, it seems, creditor, notwithstanding such charge, shall be ad5.7 per cent. on assize and sessions, and only an in- they may do at any stage, and Parliament will mitted a witness to prove the execution of such will, crease of 2.4 per cent. in summary convictions, which accede to their prayer; and if they find any the 17th section it is further enacted, or to prove the validity or invalidity thereof." By: "That no shows a total decrease of 3.3 per cent. on the year. difficulty in settling, let the company be placed person shall, on account of his being an executor of The great increase of 1842 is attributed by Mr. Rus-under the Joint Stock Companies' Bankrupt a will, be incompetent to be admitted a witness to sell to the general distress which then prevailed, and that the decrease of crime in 1843 was to a great deprove the execution of such will, or a witness to gree caused by returning prosperity. In 1842 assaults prove the validity or invalidity thereof." increased-males, 17.3 per cent. ; females 6.4 per cent. In 1843 assanlts increased in males 1.1, and in females decreased 3.4. Want of sureties in 1842 increasedmales, 11.9; females, 5.2. In 1843 increasedmales, 6.9; females, 26.5. Malicious Trespass Act in 1842 increased-in males 24.1; females, 29.1. The In 1843 increased-males, 6.3; females, 6.2. main increase in 1842, with a corresponding decrease in 1843, was in thefts, resulting, probably, from distress. In 1842 increased-males, 24.1; females, 29.1. In 1843 decreased-males, 73.3; females, 5.5 per cent. No estimate could be formed by Mr. Russell of the proportion which the acquitted bear to the convicted under summary jurisdiction. No return of any kind is made by magistrates either of the number or nature of the cases dismissed by them, either when administering justice at their own houses, or when acting in petty sessions. This, under many points of view, and for many reasons which might be assigned, is an important and extraordinary omission, and is deserving of serious atten- By the 9th section of the 1 Vict. c. 26, it is ention. The vast disproportion in different counties acted "That no will shall be valid unless it shall be both in the amount of crime and in the amount of in writing, and executed in manner hereinafter menconvictions and acquittals demands careful considera-tioned; (that is to say) it shall be signed at the foot tion, and manifests serious defects in the existing systems. The long terms of imprisonment before or end thereof by the testator or by some other trial is a serious evil, and should be diminished in every possible manner, whilst the extremely short terms of imprisonment under summary convictions (89.2 per cent being under three months) are any thing but calculated to repress crime and to deter the first offender from pursuing the fatal career upon which he has unhappily entered. Game-law convictions go on increasing in a most serious manner, and in a degree beyond all other classes of crime, and are neither checked by prosperity or distress; but, perhaps, the least satisfactory feature of the whole of the inquiry is the lamentable state of ignorance which prevails throughout all classes of offenders. Mr. Russell interested the meeting with highly valuable observations on the bearing of intellectual, moral, and religious influences upon the prevention and repression of crime, which, we regret from want of space, we are unable to notice. We may briefly state, ful and laborious investigation among the prisoners, there were on the annual mean of the five years :Those who could neither read nor write, 9,530, or 34.9 per cent. assizes and sessions; 26,924, or 38.1 per cent. summary convictions.

however, that Mr. Russell found, after a most care

Those who could read only, 6,329, or 22.5 per cent. assizes and sessions; 13,932, or 20.6 per cent. summary convictions.

Those who could read or write badly, 9,598, or 33.3 per cent assizes and sessions; 22,278, or 33.2 per cent summary convictions.

Those who could read and write well, 2,627, or 9 per cent. assizes and sessions; 2,657, or 4 per cent. summary conviction.

A very animated discussion followed the reading of the paper, and it was not until eleven o'clock that the meeting adjourned.

THE LAWYER.

This branch of the subject is one not requiring many remarks, so far as the duty of the solicitor attending the execution of a will is concerned, as the course to be pursued is very clearly stated by the 1 Vict. c. 26. Several cases have, however, occurred where, through the ignorance or carelessness of testators, the precise form required has not been adopted; and, consequently, questions have arisen whether the execution of such wills was or was not valid; and it may be useful to mention some of these cases, for the guidance of the solicitor as to wills which may come before him, whether for probate, or to consider the propriety of having them re-executed.

person, in his presence, and by his direction; and
such signature shall be made or acknowledged by
the testator in the presence of two or more wit-
nesses, present at the same time, and such witnesses
shall attest and shall subscribe the will in the pre-
sence of the testator, but no form of attestation shall
be necessary." These directions are clear and pre-
cise, but a few remarks may be made upon the soli-
citors' duty under this section, as the chief object is
to place the circumstances of the due execution of
the will beyond the possibility of a doubt.

Attesting witnesses.-In the first place, it is de-
sirable that the attesting witnesses should be per-
sons of competent education fully to understand
the nature of what they do; and also of such a sta-
tion in society as to obviate any doubt which might
arise as to the bona fides of the transaction. It is
too often the practice to employ menial servants as
attesting witnesses, and although, in the absence of
other more competent persons, these may be pro-
perly employed, yet their attention to the more im-
portant particulars of the transaction, and their
subsequent recollection of the circumstances, are
not likely to be such as to render it desirable, in
The solicitor himself, and his clerk, if they be not
any cases where it can be avoided, to employ them.
parties interested under the will, are in general cases
the most proper persons to act as attesting wit.
nesses.

Where any doubt may be raised as to the sanity of the testator, or as to his capacity to make a will, it would be prudent to have his medical attendant as an attesting witness.

Memorandum of attestation.—Although no form of attestation is necessary, it will be proper to obtain the signatures of the witnesses to a memorandum stating that all the requisite forms of execution have been attended to, as otherwise they may be called upon to prove several particulars of the execution which may altogether have escaped their recollection. This memorandum should be read over to the witnesses, and if they are illiterate persons, it should be properly explained to them, in order to call their attention more particularly to the circumstances under which the testator signed the will. In a previous chapter will be found a form of attestation; but the following may be adopted where the will is written on several sheets, each of which it is always desirable should be signed.

The above-written will of the above-named testator A B was signed by him at the foot or end thereof, and each of the preceding sheets thereof was signed by him in the presence of us, being both present at the same time, who, in his presence, in the presence of each other, and at his request, have hereunto subscribed our names as wit

nesses.

If the will be signed by some other person for the testator, the following form of attestation should be used:

The above-written will of the above-named testator A B was signed at the foot or end thereof by C D, in the presence and by the direction of the said A B, and such signature was made by the said C D, and acknowledged by the said A B, in the presence of us, being both present at the same time, who, in the presence of the said A B, and of each other, and at the request of the said A B, have hereunto subscribed our names as witnesses.

Reading the will.-If, from weakness or ignorance, the testator is unable to sign the will with his own hand, it will be prudent to read it over to him, and to obtain his assent to its expressing his intentions, As to the persons who are competent to be at- in the presence of the witnesses, in order the more testing witnesses, the 1 Vict. c. 26, contains the clearly to identify the document signed with what it following provisions:-By the 14th section it is is his purpose to sign. This may not be necessary, enacted"That if any person, who shall attest the exe- but it is desirable in all cases where it can be accution of a will, shall at the time of the execution complished; for in Durnell v. Cornfield (8 Jurist, THE legal events of the week have been very thereof, or at any time afterwards, be incompetent 215), it was held by the Prerogative Court that a unimportant. We hear that, in consequence to be admitted a witness to prove the execution knowledge by a testator of the contents of a testaof the verdict in the case of Woolmer v. Toby, thereof, such will shall not on that account mentary paper was essential to its admission to many of the companies have resolved to enforce be invalid." By the 15th section it is enacted probate; and that where capacity was undoubted, the payment of deposits by allottees, and that" that if any person shall attest the execu- knowledge of the contents would be inferred from actions will be immediately commenced against tion of any will to whom, or to whose wife the fact of execution; but that where the capacity

Summary.

was impaired, it would be otherwise. The proof of the testator's knowledge of the contents of the will will, however, vary with the circumstances of the case; and, therefore, in Edwards v. Fincham, a case before the Privy Council, reported in 7 Jurist, 25, it was held that the will of a blind person was good, though not proved to have been read over to her before execution, and although the disposition of her property thereby was very different from that by a former will made a short time before, the will being proved to be in conformity with the instructions given by her to her solicitor.

Court pronounced against the will. (Pennant v.
Kingscote (3 Curt. 642).

Signature of attesting witnesses.-The will must
be subscribed by the witnesses themselves, and
therefore where one of the witnesses, in the presence
of the testator, subscribed the will first for himself,
and then for the other witness, both being present
at the same time, the will was rejected. In re
White (7 Jur. 1045).

Where one of the witnesses made a mark to a will, and a wrong name was by mistake afterwards set opposite to the mark, probate of the will was It may be useful to mention here, that, in Wilson granted. (Re Ashmore, 3 Curt. 756.) v. Beddard (12 Sim. 28), it was held that if a tes- Though an acknowledgment of the signature of tator, who is unable from illness to sign his will, the testator is sufficient, it is different with an athas his hand guided in making his mark, it is a suf- testing witness; and therefore in the case of Moore ficient signature within the Statute of Frauds. v. King (7 Jur. 205), where a testator signed a Exercise of power of appointment.-By the codicil in the presence of one witness, who attested 10th section of the 1 Vict. c. 26, it is enacted, and subscribed it, and the testator on the next That no appointment made by will in exercise of day, in the presence of the first witness and another any power shall be valid unless the same be exe-person, acknowledged his signature, and the first cuted in manner hereinbefore required; and every witness also acknowledged his signature, but did will executed in manner hereinbefore required shall, not again subscribe the will, though the other person so far as respects the execution and attestation signed as a second witness, it was held that the atthereof, be a valid execution of a power of appoint- testation was not sufficient. ment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity." Although this section renders the exercise of a power of appointment by will, duly executed according to the provisions of the Act, valid without the forms of execution prescribed by the power being adopted, yet there appears to be no reason why the intention of the parties by whom the power was given should not still be carried out when practicable. The 9th section requires the attestation of "two or more witnesses;" and if, by the deed or will giving the power of appointment, three or four witnesses are required, it will perhaps be desirable, though not necessary, that this number of witnesses should be employed.

The foregoing are some of the principal cases which have arisen upon the apparently clear directions given by the 9th section of the Act; and they form a satisfactory proof of the futility of any attempt to frame a legislative rule, which cannot, through the ignorance or caprice of parties, be made a subject for dispute and litigation. The state of the law may, in some cases, be justly blameable, but the acts of parties themselves are more frequently the cause of the expense and mischief which legal proceedings occasion. However clear a law may be, there will always be found persons who, either disregarding its requisitions, or, from a false spirit of economy, neglecting to have the assistance of competent advisers, will, by their conduct, damage the interests of themselves and of those dependent upon them. As this state of things is generally known and recognised, it ought to be more taken into consideration than it appears to be by those who, in certain disjointed particulars, are at the present time so Signature or acknowledgment by the testator.-active in amending and re-amending for the purAs to the position of the testator's signature; in Repose of simplifying, some of the most complicated Gardiner, it was held by the Prerogative Court parts of our legal system. (Oct. 3rd, 1843), that where a will was written on two sides of a sheet of letter paper, the first and the third, the second being blank, and the signature of PROMOTIONS, APPOINTMENTS,

It remains only to notice the cases which have been decided as to the execution of wills since the 1 Vict. c. 26, came into operation.

the testator and the subscription of the witnesses were affixed at the lower part of the second side, there being no room on the third side, the execution was sufficient to satisfy the requisitions of the Act. Where the dispositive part of a will was on the first side of a sheet of paper, and the second was left blank, and the attestation clause and signatures of the testator and attesting witnesses were on the third side, probate was granted. In the goods of John Gore, 3 Curt. 758.

The mere circumstance of a testator calling in witnesses to sign without any further explanation, does not amount to an acknowledgment of his signature within the intention of the 9th section of the 1 Vict. c. 26. Ilott v. Genge (before the Privy Council, Feb. 14, 1844, 8 Jurist, 323).

In Blake v. Knight (3 Curt. 547), it was held by Sir H. J. Fust, that the Court is not bound to have positive affirmative evidence that a will was signed or a signature to a will acknowledged by a testator in the presence of witnesses, before it can pronounce for the validity of that will; and that the testator's acknowledging to the witnesses a certain paper to be his will, and to be all in his handwriting, and his name being signed to it when propounded (although the witnesses could not swear to the signature having been affixed at the time they signed their names) was an acknowledgment of his signature.

ETC.

[Clerks of the Peace for Counties, Cities, and Boroughs will
oblige by regularly forwarding the names and addresses of
all new Magistrates who may qualify.]

The Lord Chancellor has appointed Charles Stew-
ard, of Ipswich, in the County of Suffolk, gent. and
be Masters Extraordinary in the High Court of
John Thomas Tweed, of the City of Lincoln, gent. to
Chancery.

COMMISSIONS SIGNED BY LORDS-LIEUTENANT.

COUNTY OF CARDIGAN.-D. S. Davies, esq.;
T. D. Lloyd, esq.; J. L. Davies, esq.; J. B. L.
Phillips, esq. to be Deputy Lieutenants.

COUNTY OF GLAMORGAN.-R. Boteler, esq.;

E. H. H. Lee, esq.; E. T. Llewellyn, esq.; H. H.
Vivian, esq., to be Deputy Lieutenants.

COUNTY OF BUCKINGHAM.-T. A. Boswell, esq.;
C. Tower, esq.; J. T. Senior, esq.; C. T. Gaskill,
esq.; R. T. Gilpin, esq; G. Carrington, jun., esq.,
to be Deputy Lieutenants.

COURT PAPERS.

ORDER OF THE COURT OF CHANCERY.
EASTER VACATION.

Thursday, March 19, 1846.
Whereas, by the first article of the 8th of the
General Orders of this Court, of the 8th day of May,
1845, it is provided that "the Easter Vacation is to
commence and terminate on such days as the Lord
Chancellor shall every year specially direct." And

The matter, however, having at ests of their clients. length been brought under the notice of the Lord Chancellor, his lordship has caused the following order to be issued, viz.:-"Order of Court.-Whereas, by the first article of the eighth of the General Orders of the Court of the 8th May, 1845, it is provided that Easter Vacation is to commence and terminate on such days as the Lord Chancelior shall every year specially direct.' And whereas Easter week, or a period equal thereto, has usually been observed as a vacation in the several offices of this court; and whereas part of Easter week will, in the present year, fall within Easter Term: his lordship doth order that the Easter vacation for the present year do commence on Saturday, the 4th day of April next, and terminate on Tuesday, the 14th day of April next. And that this order be entered with the registrar, and set up in the several offices of this court.-E.D.COLVILLE."

SHERIFFS' COURT, RED LION-SQUARE, April 2. -A County Court was held on Thursday, when Hemp, the Sheriff's officer, made the following proclamations of outlawry. By the publicity given to these proceedings, several persons have lately obtained discharges to the actions:-Charles Craven, at the suit of W. H. H. Reed; Sir R. D. Henagan, at the suit of C. Plowden and another; Sir H. Floyd, at the suit of A. Smith and another; G. A. Young, at the suit of O. Roberts; W. Iremonger, at the suit of W. H. Vernon; George Hicks (two cases), at the suit of George S. Ford and the assignees of James Gibbs, a bankrupt; Robert R. Craig, at the suit of Morris Levy; the Hon. W. F. Byng, at the suit of Charles Lewis; John Eden Spalding, at the suit of Lawrence Levy and another; Francis P. Parker, at the suit of Thomas Sanford; Augustus Pocock, at the suit of George D. Sewell; William Jones Burdett, at the suit of Charles Barnett; Charles S. Reynolds, at the suit of Edward Smith; H. H. Werninck, at the suit of Robert Warren; George Linley, at the suit of W. De Bernardy; Thomas Sharp, at the suit of Peter Playne and others; W. B. Metcalfe, at the suit of W. Reeve and another; James Menzies, at the suit of Benjamin Sams; John Rathbone, at the suit of B.

Sams.

LEGAL INTELLIGENCE.

INNS OF COURT.

Return to an Order of the Honourable the House of Commons, dated 9th of February, 1846, for, A Statement of the Regulations of the Four Inns of Court having the power to call to the Bar, with the date of each regulation, and the authority by which

it was made; and specifying any distinction made

between the members of the Universities of Oxford and Cambridge and others."

Ordered, by The House of Commons, to be printed, 16th March, 1846.

LINCOLN'S-INN.

Lincoln's-inn, February 1846. the information of the Honourable the House of The Society of Lincoln's-inn begs to submit, for Commons, the following statement:

That the orders and regulations for the good government of the society are made from time to time by the treasurer and masters of the bench, in council summoned specially for that purpose.

That at a council held on the 30th day of June, 1762, the following proposals were laid before this Court:council by committees appointed by the four Inns of

for the bar be five years from admission, none to be
PROPOSALS, JUNE 18, 1762.-That the standing
called under the age of twenty-one years; that
twelve Terms' commons be actually kept; that mas-
ters of arts and bachelors of laws of the Universities
of Oxford and Cambridge be dispensed with two
years' standing, but not with any commons; no ex-
ception with regard to Ireland or the West Indies;
no attorney or solicitor, clerk in Chancery or Ex-
chequer, to be called until they have discontinued
practice as such for two years.

the four Inns of Court.
The above proposals were signed by committees of

Upon the report of the committee appointed by the
Society of Lincoln's Inn to meet committees of the

In Cooper v. Bockett (3 Curt. 648), it was held whereas Easter week, or a period equal thereto, has other Inns of Court to take the above proposals into

by the same learned judge that a will was signed by the testator before the witnesses subscribed it, contrary to the recollection and belief of the witnesses, their testimony, however, not being sufficiently positive to counterbalance the presumption arising from

the circumstances.

Where, however, there was positive evidence of one of the attesting witnesses that the will was signed after he and the other witness had subscribed, the evidence of the other witness being that it was not signed in the presence of the witnesses, and there being no circumstance upon which a reliance could be founded that the witnesses were mistaken, the

usually been observed as a vacation in the several
offices of this Court. And whereas, part of Easter
week will in the present year fall within Easter Term.
His lordship doth order that the Easter Vacation for
the present year do commence on Saturday the 4th
day of April next, and terminate on Tuesday the 14th
day of April next. And that this order be entered
with the registrar and set up in the several offices of
this Court.

(Signed) E. D. COLVIlle.
FICES.-The keeping of the Easter holidays by the
EASTER HOLIDAYS IN THE CHANCERY OF-
clerks in the Chancery offices, when those holidays
fall in Term time, has long been a source of great in-
convenience to solicitors, and prejudicial to the inter-

consideration, wherein it appeared that the above regulations were proper to be observed and practised by all the Inns of Court, it was ordered that for the future no person shall be called to the Bar in this Society before the end of five years from the time of his admission, nor shall any person be called to the bar who shall be under the age of twenty-one years; that every person shall actually keep commons in the hall for twelve Terms before he be called to the Bar; that Masters of Arts and Bachelors of Laws of the UniverBar at the end of three years from the time of their sities of Oxford and Cambridge may be called to the admission; but this is not to dispense with keeping their usual commons.

That no person be called to the Bar before the time

prescribed, on account or pretence of his practising the law in Ireland or the plantations.

That no attorney, solicitor, clerk in Chancery or Exchequer, shall be called to the Bar until the end of two years at least after they have discontinued practising as such.

That at a council held the 31st day of May, 1793, the privilege granted to Masters of Arts and Bachelors of Laws of the Universities of Oxford and Cambridge, of being called to the Bar at the end of three years from the date of admission, instead of five, was extended to graduates of the University of Dublin, upon their taking either of those degrees.

That in addition to the student keeping twelve Terms, agreeably to the rule of June 1762, he is required to perform nine reading exercises before thirtytwo barristers in the hall, three of which only can be performed in one Term.

Copy of Resolutions for Admission to the Society of Lincoln's-inn, made at an adjourned Council, held -February 21, 1828.

Ordered, That from and after the first day of Easter Term next, the following resolutions, submitted by the committees of the Inns of Court relative to admission, be adopted by this Society:

1. That every application for admission shall be accompanied with a testimonial, signed by a Bencher of this Society, or by two barristers, attesting that the person so applying is known to the said bencher or barristers as a gentleman of character and respectability; that he is a fit person to be admitted a member of the Society, and to be called to the Bar.

2. That every person who shall hereafter apply to be admitted a member of this Society shall sign a declaration that he is desirous of being admitted for the purpose of being called to the Bar; and that he will not, without the special permission of the Benchers in Council, take out or apply for any certificate in pursuance of the statute 44 Geo. 3.

be called to the Bar.

3. That this permission be not granted until the person has kept such commons in the Hall of this Society as are required to be kept to qualify him to 4. That the permission be for one year only, and that every petition for the same shall state the circumstances upon which the petitioner applies.

5. That no person be admitted of this Society whose name stands on the roll of attorneys or solicitors, or who is articled to an attorney or solicitor.

P.S.-All other particulars can be found in the Report of the Common Law Commissioners, in the printed minutes of the Honourable the House of Commons; Fifth and Sixth Reports, p. 42.

HENRY WILLAM TANCRED, Treasurer.

MIDDLE TEMPLE.

All regulations as to admission of students and call to the Bar are made by the authority of the Masters of the Bench, in Parliament assembled.

To constitute a Parliament, it is necessary that at least five Masters of the Bench should be present. The regulations now in force as to admission of students and call to the Bar are as follows:

Regulation dated May 8, 1730.-A candidate for the Bar must be proposed by a Master of the Bench, who is required to be able to give an account to the Masters of the Bench of the character and qualifications of the gentleman he proposes.

July 16, 1762.-Twelve Terms are required to be kept as a qualification for call to the Bar.

A gentleman may be called to the Bar at the age of twenty-one years, if he shall have been a member of the Society for the period of five years.

Note.-He being otherwise entitled to be called. April 19, 1782.-To keep a Term, a member must dine in the hall of the Society at least three days in the Term.

November 23, 1798.-No person can be called to the English Bar unless he shall, previously to his keeping any of the Terms requisite for that purpose, have deposited with the treasurer the sum of 1001., the same to be returned, without interest, upon his being called to the Bar or quitting the Society, or, in case of death, to the personal representative. But this does not extend to any person who shall, previously to his being called to the Bar, produce a certificate of his being a member of the College of Advocates in Scotland, or of his having kept two years' Terms in any of the Universities of Oxford, Cambridge, or Dublin.

Note. This is the only distinction made between members of the Universities and others.

The name and description of every candidate for being called to the Bar is published in the hall a fortnight before he is called to the Bar.

July 2, 1805.-If any person be offered or proposed to be admitted a member, and be rejected, a certificate of the same is immediately communicated to the other societies, notifying such rejection.

June 1, 1821.-The names of gentlemen proposed for the Bar in this Society are sent to each of the other societies; and the lists of candidates for the Bar in the other Inns of Court, which may be sent to this House, arelaid before the Masters of the Bench of this Society. May 13, 1825.-Every applicant for admission to the Society must state his age, description, and resi

dence, and the residence and designation of his father, and also that he is desirous of being admitted a member for the purpose of keeping Terms for the Bar; and that he will not, either directly or indirectly, without the special permission of the Society by order made in Parliament, apply for or take out any certificate in pursuance of the statute 44 Geo. 3. c. 98. s. 14, before he has kept such commons in the hall of this Society as are required to be kept to qualify him to be called to the Bar. And his application must be accompanied by a certificate signed by two barristers of the Society, and must afterwards be approved by a Bencher; without which his admission cannot take place. No recipiatur for entering into commons can be granted to any person whose name stands on the rolls of attorneys or solicitors, or who shall be engaged in any profession other than the law, or in any trade, business, or occupation. Should any person be found to act contrary to the aforesaid rules, he would be liable to be expelled the Society.

April 24, 1835.-Persons of the full age of twentythree years and upwards, whose names shall have been upon the books of the Society three years, may be admitted to the Bar after keeping twelve Terms, provided that in all other respects they be entitled to

be called to the Bar.

November 3, 1843.-Members of the London and Durham Universities have the same privileges as the members of Oxford and Cambridge Universities, with respect to calls to the Bar.

May 3, 1844.-No attorney at law, solicitor, writer to the signet, or writer of the Scotch courts, proctor, notary public, or parliamentary agent, or person acting as such, and no clerk of or to any barrister, conveyancer, special pleader, attorney, solicitor, writer to the signet, or writers of the Scotch courts, proctor, notary, parliamentary agent, clerk in Chancery, or other officer in any court of law or equity, whether such clerk be articled or in the receipt of a salary or of other remuneration for his services, is allowed to keep commons in the hall of the Society, available for the purpose of being called to the Bar, until such person, being an attorney, shall have taken his name off the rolls, nor until he and every other person above named or described shall have ceased to act or practise as such attorney, writer to the signet, or writer of the Scotch courts, solicitor, proctor, notary, agent, or clerk as aforesaid.

No person can apply for or take out any certifieate in pursuance of the statute 43 Geo. 3, c. 98, s. 14, without the special permission of the Society by order made in Parliament under pain of expulsion; such permission not being granted until the person apply ing for the same shall have kept such commons in the hall of the Society as are required to be kept as a qualification for the Bar; and, when granted, to endure for one year only, but may be renewed by order of Parliament upon petition.

Every applicant for admission is required to sign a statement to the above effect.

Jan. 27, 1837.-For the future the judges are requested to entertain the application of any gentleman who shall be refused admission into this Inn of Court, the Society being willing to be bound by the decision of the judges on such application.

EDWARD ELDRED, Sub-treasurer.

INNER TEMPLE.

The regulations "As to the Admission of Students and Call to the Bar," by the Honourable Society of the Inner Temple, are made by the authority of the Masters of the Bench of the same Society assembled in Parliament or Bench table.

The regulations in regard to both these subjects now in force and acted upon by this Society are as follows:

Regulation dated Feb. 1, 1780.-A person in holy orders cannot be admitted a member of this Society. Jan. 29, 1819.-No person under the age of fifteen years can be admitted a member of this Society.

Feb. 11, 1829.-No person can be admitted a student of this Society without a previous examination by one barrister of the Society, named for that purpose by the Masters of the Bench, and a certificate signed by the examiner, of the competency of the candidate for admission, in classical attainments and the general subjects of a liberal education; such examination to include the Greek and Latin languages, or one of them at least, together with such subjects of history and general literature as the examiner may think suited to the age of the candidate :-May 6, 1845; but this regulation not to apply to any gentleman who, upon his application to be admitted a member, shall have taken the degree or have passed his examination for the degree of Bachelor of Arts in either of the Universities of Oxford, Cambridge, or Dublin, and shall produce a certificate to that effect.

Feb. 8, 1828.-That such application for admission must be accompanied with a testimonial signed by a Bencher of the Society or by two barristers, attesting that the person so applying is known to the said Bencher or barristers as a gentleman of character and respectability; that he is a fit person to be admitted a member of the Society, and to be called to the Bar.

That such applicant shall sign a declaration that he is desirous of being admitted for the purpose of being called to the Bar, and that he will not, without the special permission of the Benchers, by order made in Parliament or Bench table, take out or apply for any certificate in pursuance of the statute 44 Geo. 3, c. 98, to practise as a special pleader, conveyancer, or draftsman in equity; which permission is not granted until the person has kept such commons in the hall of this Society as are required to be kept to qualify him to be called to the Bar, viz. twelve Terms; such permission is granted for one year only, and renewed upon application from time to time, at the discretion of the Bench.

No person can be admitted a member of this Society while engaged in trade.

Jan. 24, 1837.-The judges are requested to entertain the application of any gentleman who may be refused admission into this Society; this Society being willing to be bound by the decision of the judges, upon such application.

Keeping Terms.-To keep a Term the student must dine in the hall of this Society two days in each of two separate full weeks of the Term :-(May 9, 1828); except that students residing at the Universities may keep their Terms by dining any three days in the Term.

February 8, 1828.-No person can be admitted into commons whose name stands on the roll of attorneys or solicitors, or who is under articles to any attorney or solicitor.

Jan. 30, 1844.- No attorney-at-law, solicitor, writer to the signet, or writer in the Scotch courts, proctor, notary public, parliamentary agent, or other agent to any appellate court, or other person acting as such, and no clerk of or to any barrister, conveyancer, special pleader, attorney, solicitor, writer to the signet, or writer to the Scotch courts, proctor, notary, parliamentary agent, clerk in Chancery, or other officer in any court of law or equity, whether such clerk be articled or in the receipt of a salary or other remuneration for his services, can be allowed to keep commons in the hall of this Society, available for the purpose of being called to the Bar, until such person being an attorney shall have taken his name off the rolls, and until he and every other person above named and described, shall have ceased to act or practise as such attorney, writer to the signet, or writer of the Scotch courts, solicitor, proctor, notary, agent, or clerk as aforesaid.

June 22, 1798.-No person can keep Terms in this Society available for the English Bar unless he shall, previous to his keeping any Terms requisite for that purpose, have deposited with the treasurer of this Society the sum of 1007., the same to be returned upon his call to the Bar, quitting the Society, or in case of his death, to his personal representative; but this order not to apply to any person who shall, previous to his being called to the Bar, produce a certificate of his being a member of the College of Advocates in Scotland, or of his having kept two years' Terms in any of the Universities of Oxford, Cambridge, or Dublin:-(November 20, 1821); nor to any person who shall be admitted into commons for the purpose of being called to the Irish Bar, and shall produce a certificate that he has been admitted a student of King's Inn, Dublin.

CALLS TO THE BAR.

June 26, 1762.-No person can be called to the Bar in this Society who shall not have been admitted full five years, and shall be twenty-one years of age, and shall have actually kept twelve Terms' commons, except that Masters of Arts and Bachelors of Law of either of the Universities of Oxford or Cambridge shall not be restrained to five years' standing, but may be called after they shall have been admitted and actually kept commons full three years.

June 13, 1793.-The privilege of the above order of 26th June, 1762, extended to the like graduates of the University of Dublin.

July 1, 1794.-But the above privilege not to extend to mandamus or honorary degrees.

June 22, 1798.-The name of every gentleman offering himself for the Bar must be published in the hall of this Society a fortnight before the day of call.

November 27, 1807.-Every gentleman desirous of being called to the Bar must make, or cause to be made, his application to one of the Masters of the Bench to move his call.

June 16, 1798.-No Master of the Bench of this June 28, 1805.-Before any person can be admitted Society can propose any gentleman for the Bar witha member of this Society, his age, residence, and con- out he is able to give some account to the Masters of dition in life must be stated in writing, and such the Bench of the character and qualifications of the statement represented to the treasurer, or, in bis ab- gentleman he proposes; and no person can be called sence, to some other Bencher or Benchers of the So-to the Bar by this Society until the next Parliament ciety; and that no person be admitted without the approbation of such treasurer, Bencher or Benchers, or by an order of the Parliament or Bench table; and in case of any misrepresentation in this particular, his admission will be avoided.

after that at which such person has been proposed by one of the Masters of the Bench. July 5, 1794.-No person in deacon's orders can be called to the Bar in this Society. March 4, 1846.

GEORGE SPENCE, Treasurer.

18

GRAY'S INN. March 1846.-The Society of Gray's-inn is one of the four Inns of Court having the power to call to the Bar, and they admit students to be members of the Society for that purpose. The Society is governed by the senior barristers, including those who have been called within the Bar as Queen's counsel or by patent of precedence, and they are called Readers and Masters of the Bench, or, more concisely, Benchers. The regulations as to admission of students and call to the Bar are made from time to time by the authority of the Benchers, who meet together in the hall of the Society at least once a week during each law Term, to regulate the affairs of the Society; and such meetings are called pensions, and the orders made thereat, orders of pension.

In searching for the early regulations and their dates, it has been necessary to revert to the institution of this Society, which appears to have been about the middle of the 14th century; but there is not any record in writing in the possession of the Society, of their regulations or proceedings before the reign of Queen Elizabeth. There are, however, in the work of Sir William Dugdale, entitled "Origines Judiciales," some earlier statements of the regulations and proceedings of the Benchers of each Inn of Court; and the same work contains, not only the orders made by the Benchers of Gray's-inn down to the reign of King Charles the Second, but also various orders made by the judges, either alone or with the Privy Council, and sometimes by the Privy Council only, for the regulation of the Inns of Court.

THE LAW TIMES.

versities of Oxford and Cambridge," the words "and
of Dublin " be inserted.

By another order of pension dated the 8th day of
July 1794, it was ordered (after a conference with the
other Inns of Court), that a person in deacon's
orders ought not to be called to the Bar: it having
previously (in the year 1779) been declared to be the
opinion of the Society, that a person in priest's orders
was not a proper person to be called to the Bar, re-
gard being had to the 76th canon, made in 1603.
And by an order of pension of the 27th of December
1794, it was ordered (after a conference with the
other Societies), that the privilege allowed to Masters
of Arts and Bachelors of Laws, by the general rule of
1762, respecting calls to the Bar, should not extend
to mandamus or honorary degrees.

the

after he is of sufficient standing, and has kept
Terms, and has otherwise conformed to the regula-
tions, the student intimates to the Steward of the
Society his intention to be called to the Bar, and bis
name and description are then screened in the dining-
hall of the Society for at least a fortnight during
Term time, and his name and description are also
sent to the other three Inns of Court; a certificate of
his qualifications is then drawn up and examined by
two Benchers, who sign the same if found correct.
These qualifications are, that the student is of full
age and standing in the Society, and has kept a suffi.
cient number of Terms, and performed his exercises
his own right, or has paid a fine of 201. in lieu
(the latter being at present a matter of form only),
and that he is possessed of a chamber in the inn, in
thereof. The student then presents his petition to
the Benchers to be called, and produces the certi-
ficate of his qualifications, which are read at
a pension of at least five Benchers; and
proposed by a Bencher, and no objection appears, he
is at the next or some succeeding pension called be-
fore the Benchers, who cause the oaths of allegiance
and supremacy, or, (if he is a Roman Catholic) the
oath provided for that purpose, to be administered
to him; he is thereupon called to the Bar and becomes
a barrister, and his name as such is published in the
hall of the Society. If any objection appears, the call
to the Bar is postponed, and the objection is carefully
investigated by the Benchers.

if

By an order of pension, dated the 20th day of June 1798, it was ordered that the following resolutions (which had been agreed upon at a meeting of a committee of Benchers of the four Inns of Court) should be adopted and confirmed by this society; viz. That every society should be at liberty to continue or make such rules respecting the keeping of terms as then prevailed, or as they should thereafter think fit; provided that no student in any of the Inns of Court should be permitted to keep a Term in order to his being called to the Bar, without having been present in the hall, at least three days in such Term, It will appear from the foregoing statement that at the time when grace is said after dinner That no person who should have been admitted into any of the Inns of Court since the 24th of April then last, or who should thereafter be ad- the distinction now remaining in this Society between These orders and regulations, and the orders of mitted (except as thereafter excepted), should be members of the Universities of Oxford, Cambridge, only as to the deposit of 1007.; pension of Gray's-inn, contain many matters respect-called to the English Bar, unless he should, previous and Dublin, and also members of the College of Ading admissions and calls to the Bar, which have been to his keeping any of the Terms requisite for that pur-vocates in Scotland, and other persons not being repealed by subsequent orders and regulations, or pose, have deposited with the treasurer of the Society such members, have become obsolete in a great degree; and it is to which he belonged, the sum of 1001., the same to which by the regulation of the year 1798, herein conceived that the date of each of these ancient regu- be returned, without interest, upon his being called stated, is dispensed with in the cases therein menlations, or even a statement of them, is not required to the Bar or quitting the Society, or, in case of his tioned. death, to his personal representative, but this was not by the order of the honourable House. to excuse him from paying his duties regularly, nor from giving the usual bond upon admission; provided that this order was not to extend to any person who should, previous to his being called to the Bar, produce a certificate of his being a member of the College of Advocates in Scotland, or of his having kept two years' Terms in any of the universities of Oxford, Cambridge, or Dublin; and in case such deposit as aforesaid should have been made, the same should be immediately returned to him, upon his producing such certificate as is above mentioned: and that the name and description of every candidate for being called to the Bar should be hung up in the hall, a fortnight before he should be called to the Bar.

It may, however, be shortly stated that the effect of these orders and regulations was, amongst other matters, that as to students to be admitted members, attorneys were excluded; members were to pay a fine upon admission, and were to perform certain moots or exercises, and to keep twenty Terms' commons by dining in the hall of the Society, before they could be called to the Bar, and such call could not take place until a certain time after admittance, such time being at first nine years after admission, and afterwards reduced to eight and then to seven years; and by an order of pension made in 1603, it is stated to be the King's commandment, delivered by the judges, that none should thereafter be admitted into the Society unless he were a gentleman by descent, until his Majesty's pleasure should be further known. No order has been found in the records of this Society, as having been made by the judges or Privy Council, since the year 1664; nor is there any material order of pension at present existing and in force, made between that period and the year 1762, when an order of pension was made, which may be considered as having superseded all former orders and regulations as to calls to the Bar, and the same is as follows :

By an order of pension dated 16th November, 1825, it was ordered, that receiving the sacrament by students, as a qualification for the English Bar, should be in future dispensed with; and by another order, dated 29th April, 1835, it was ordered, that no solicitor or attorney should be allowed to keep commons for the Bar until his name was taken off the rolls: and by an order dated 11th day of June, 1844, it was ordered, that from and after Trinity Term, 1844, no attorney at law, solicitor, writer to the signet, or writer of the Scotch courts, proctor, notary public, "Gray's Inn.-At a pension held the 7th day of parliamentary agent, or agent to any appellate court, July, 1762, it is ordered, that for the future no person or person acting as such, and no clerk to any shall be called to the Bar in this Society before the barrister, conveyancer, special pleader, attorney, notary, parliamentary end of five years from the time of his admission, nor solicitor, writer to the signet, or writer of the shall any person be called to the Bar who shall be Scotch courts, proctor, under the age of twenty-one years: That every per-agent, or agent to any appellate court, or of son shall actually keep commons in the hall twelve or to any officer in any court of law or equity Terms before he be called to the Bar: That Masters (whether such clerk should be articled or in receipt of Arts and Bachelors of Laws of the Universities of of a salary or other remuneration for his services), Oxford and Cambridge may be called to the Bar at should be allowed to keep commons in the hall the end of three years from the time of their admis- of the Society, available for the purpose of being name off the sion, but this is not to dispense with keeping their called to the Bar, until such person being an be and every other person usual commons: That no person be called to the Bar attorney should have taken his before the time prescribed, on account or pretence of rolls, and until his practising the law in Ireland or the plantations: above named or described should have ceased to act That no attorney, solicitor, clerk in Chancery or or practise as such attorney, solicitor, or writer of Exchequer, shall be called to the Bar until the end of the Scotch courts, proctor, notary, agent, or clerk as two years at least after they shall have discontinued aforesaid: and that no commons which, after Trinity Term, 1844, should be kept, or attempted to be practising as such." kept, by any person so disqualified as aforesaid, should be allowed to him towards his qualification for

The above regulations were made after a conference with the other Inns of Court, who made similar orders for their respective societies.

It should be stated that students are admitted members of this Society for the purpose of being certificated special pleaders and conveyancers, and also of being called to the Irish bar; and members are also admitted for the purpose only of holding chambers withia THOS. GREENE, Treasurer. the inn: the foregoing regulations are referred to in these cases, so far as the same apply.

WILL OF THE LATE LADY HOLLAND.-Probate of the will and four codicils of the late Right HonourLord J. Russell, Mr. B. Currey, Old Palace.yard, able Elizabeth Vassall, Baroness Dowager Holland, was granted on the 16th of March to the Right Hon. and Mr. W. A. Loch, of Edinburgh, the executors. The personalty in England was sworn under 80,0001. The will is dated the 31st of August, 1845, and the last codicil on the 20th of October, a month before her death. Her first bequest is to the Queen, if her Majesty will condescend to accept it, of the picture of his Royal Highness the Duke of York, surrounded by the British residents and other English gentlemen when his Royal Highness was at Florence. To Lord J. Russell, the portrait of his grandfather, John, Duke of Bedford, by Sir Joshua Reynolds; and the vase of French china, with the portrait of Francis, Duke of Bedford, painted upon it in Paris by her order; and bequeaths to his lordship the net proceeds of property not specially disposed of. To the Speaker the Kennington estate for life, and the residue of her of the House of Commons, to complete his set of portraits, that of the Hon. James Abercromby, now Lord Dunfermline. To the Earl of Carlisle, the por Also bequests trait of the Duke of Devonshire. To the Earl of Aberdeen, certain specific bequests in token of gratitude for his kindness towards her. land, and many other of her personal friends. to the Duke of Devonshire, the Duchess of SutherTo the Hon. W. Cowper, her set of H. B.'s caricatures; to Mr. Cornelius Babington, 1,500l. and an annuity of 501.; to Lady Caroline Babington, 2001. ; to Mr. B. Currey, her executor, 2007.; to her godson, the Hon. T. A. Powys, 300l.; to Mr. Thomas Doggett, 5501. and an annuity of 1501.; and to Mr. the poor of Milbourne, 2007.; and mourning to the ten W. Doggett, 2001. and 401. a year; other small bequests and legacies and annuities to her servants; to The above statement contains all the written regu-girls she annually clothed. All her property, real and lations of the Society of Gray's Inn, as to admissions personal, in the island of Jamaica, she leaves to her and calls, now considered as existing and in force, son, Lord Holland, her Britannic Majesty's Minister with the date of each regulation; but there are some at the Court of Tuscany, for his use absolutely, also practical regulations of a minor nature, not speci- an annuity of 5001.; and should Lord Holland die in fically reduced into writing, and the dates of which the lifetime of Lord J. Russell, to continue the ancannot be given, but which depend on custom and nuity to her daughter Lady Lilford, to whom she has sition of the Kennington estate in favour of Lord J. ancient usage; these regulations may be best ex- left some specific bequests. In her ladyship's dispo plained by the following statement :Russell, she has expressed it as entirely emanating from her sincere affection for his lordship, and that it was also an intention formerly entertained by the late Lord Holland to make a similar disposition of the reversion of the Ampthill estate in his favour, and hopes his lordship will accept the gift as a token of affection from both. She has empowered his lordship to charge the estate at Kennington with a sum of 7,000l. for the benefit of his children, Georgiana, Adelaide, Victoria, and John, as his lordship may direct;

the Bar.

By an order of pension of the 17th day of June,
1789, it appears that it was resolved by the four Inns
of Court, that from Michaelmas Term then next, no
articled clerk either to an attorney or solicitor, or to
a clerk in the Court of Chancery or Court of Ex-
chequer, ought to be called to the Bar until his
articles should either have expired or have been can-
celled for the space of two whole years; and that, in
order to prevent improper persons from being called
When a gentleman applies to be admitted as a
to the Bar before due inquiries had been made con-
cerning their characters and qualifications, no person student for the English Bar, he is required to fill up a
should be called to the Bar until the next pension printed form. If, upon due inquiry, no objection ap-
after that at which such person should have been pear to the applicant, this form is signed by a
And Bencher, and he is admitted upon payment of certain
proposed by one of the Masters of the Bench.
by an order of pension of the 29th day of June 1793, stamp duties and fees, and upon executing a bond
it was ordered (after a conference with the Societies with a surety, conditioned to abide by and keep the
of the Inner and Middle Temple), that in the order of rules of the Society. If any objection appears, the
the year 1762 (hereinbefore stated), after the words same is laid before the Benchers when they meet,
"Masters of Arts and Bachelors of Law of the Uni- and they investigate the same. After admission, and

the

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