JOURNAL OF JURISPRUDENCE 1873 VOL. XVII. EDINBURGH: T. & T. CLARK, LAW BOOKSELLERS, GEORGE STREET. GLASGOW: THOMAS MURRAY & SON; AND J. SMITH & SON.. ABERDEEN: WYLLIE & SON. MDCCCLXXIII. LONDON, STEVENS & SONS. MUIR AND PATERSON, PRINTERS, EDINBURGH. 92396 LIBRARY OF THE LELAND STANFORD, JR., UNIVERSITY LAW DEPARTMENT. CONTENTS. Advocates' Library, Present Condition of, American Gossip about English Lawyers, 416 Amos' Systematic View of the Science of Ballot Act (Scotland), Analysis of, 65, 122 Bankruptcy Act 1869, English, 482 Bar, Junior, in Ireland, 425 Blair, William, Advocate, 542 Bovill, Lord Chief Justice, 660 Brabrook's Tidd Pratt's Friendly So- Delays in Law Courts, 49 Destination to Granter's Heirs, whom D'Olivecrona's Causes of Relapse into Dundee Faculty of Procurators, 260 Education (Scotland) Act 1872, by J. Entailed and Settled Estates (Scotland) Expenses of Litigation, 393, 468 Fixtures, Brown's Rule of the Law of, 76 General Council of Procurators in Scot- Graduation in Law and Law Apprentice- Greene's Outlines of Roman Law, 199 Guarantee for Fidelity of Agent, Duty of Guthrie on Trade Unions, 648 Hemmings' Thoughts on Fusion of Law Holland's Institutes of Justinian, 245 Hope-Scott, James Robert, Q.C., 323 Husbands, Legal Supremacy of, 259 Innes' Lectures on Scotch Legal An- Instruction, Higher, in Scotland, 113 International Law Conferences, 594 International Law, Institute of, Founded Inventory for Confirmation of Executors, Jeffrey, Life of Lord, and Memorials of Judgment of the Court of Cassation, 361 Judicature Act, The English, 629 Judicial Appointment, The Late, 40 Judicial Statistics for 1872, 530 Judicial Salaries, English and Scotch, Judiciary Reform, 90, 208, Law Agent, Can a, be compelled to dis- Law Agents Fees, Profession overstocked, Law Agents, Privileges of, 248 Law Amendment Society, Annual Ad- Law Amendment Society, Papers of, 297, Law Courts and Offices, Commission on Law Court Fees, payment of, by Stamps, Law Reform, some Thoughts on, 1822 and Lawyers in United States, 422 Law Reporting in New York, 403 Life Assurance Liquidation, Set-off in, Life Assurance, Warranty in, 653 Litigation in America and Sheriff Courts Libel, Nominal Damages in Actions for, Lorimer's Obligations of Neutrals, 478 Ludlow and Jenkyns' Treatise on Law of Lushington, Rt. Hon. Stephen, 151 Macdonald's Law of National Education Mackay's Memoirs of Viscount Stair, 474 M'Kechnie's Lorimer's Handbook of Law Marine Insurance, Valued Policies in, 21 Official Changes, Possible, 414 Opening of the Winter Session, 589 Outer House Business, Solicitors in Su- Parliament House Book for 1873-4, 597 Personal Estate, Distribution of, among Grandchildren in England and Scot- Pitiful Fate of a Poor Pleader, 540 Present Condition of the Bar, 317 Prisons in Scotland, 34th Report of, 350 Public Prosecutors in England, 144 Procurators, General Council of, 361 Question of General Average, 593 Rattigan's Hindoo Law of Adoption, 304 Regulation of Railways Act 1873, 575 Romilly, Lord, his Resignation, 260 Selborne's, Lord, Judicature Bill, 201 Set-off in Life Assurance Liquidation, 479 Sheriff-substitutes' Salaries, 256 Sheriffs, Duty of, to Examine into the State of the Public Registers, 596 Sie utere tuo ut alienum non lædas, 203 Slaughterhouse Cases, "U. S," 484 Small Debt Circuit Courts, 305 Smith, Archibald, Esq., F.R.S., 89 Solicitors in the Supreme Courts, Society Solicitors in the Supreme Courts on Law THE JOURNAL OF JURISPRUDENCE. SOME THOUGHTS ON LAW REFORM-1822 AND 1872. HALF a century of Law embraces as a rule the legal lifetime of even a long-lived lawyer, and twice the parliamentary lifetime of an averagely long-lived legislator. The progress of anything for so long a period cannot fail to be somewhat interesting, and the progress of the Law for the last half-century must, we should think, be specially so. We do not propose to trace this progress with any minuteness, but a glance at it may not be quite unprofitable at present. There is an aspect of the commencement of this epoch to which we may for a moment recall attention. It was a time when men lived at peace with all our national institutions; when there were no grievances to be redressed, or at least no person to redress them; when Law reform, at least in Scotland, was almost unheard of, and when laymen and lawyers alike were satisfied with doing as their forefathers had done. Though the Court of Session had been remodelled, and a Jury Court transplanted from England, many in those days would have uplifted their hands in simple horror if a ravisher, a robber, or a reiver had escaped unhanged, and the criminal classes had under force of circumstances to hold their lives under the very precarious tenure afforded by a most bloodthirsty criminal code; whilst in other departments of our Law we find the possessors of landed property, under an unreformed feudal system, compelled to contribute enormously to the support of parchment-manufacturers and notaries-public, and our law of evidence still founded on the principle of preferring darkness to light. The Sheriff-Courts were blessed with a procedure so tedious and so expensive that men preferred to litigate before the Bailies of Royal burghs rather than appeal for justice to tribunals which were so hopelessly and helplessly impeded by costly shams. Nay, more, so intricate and refined had the science of procedure become in the Supreme Court, that no practising lawyer seemed to know anything about it, and a fifth of the judgments in the Inner House VOL. XVII. NO. CXCIII-JAN. 1873. A |
