POSTSCRIPT.

THE last quarter has been more than usually eventful in occurrences interesting to the profession. We can only glance at some of them. Besides the bills introduced by Lord Brougham on the 19th of May, noticed in this Number, we have also to draw the attention of our readers to the Documentary Evidence Act, the passing of which by the legislature has conferred no trifling benefit upon suitors. In our next Number we intend to point out the defects that are remedied by this statute, and to explain its general operation; suffice it, therefore, for the present to say, that the main object of the Act is to facilitate the formal proof of documentary evidence, and that it seeks to attain this object by enacting, that all public and official documents, which purport to be sealed with the authorised seal, or purport to be certified by the authorised officer, shall be received in evidence, without proof respectively of the seal, the signature, or the official character. A proviso is added, rendering it felony to forge or knowingly utter any such document with a false seal or signature appended thereto. This Act comes into operation on the 1st of November.

Lord Cottenham also introduced a bill for abolishing Ecclesiastical Courts, which passed the House of Lords, but was postponed by the Commons, on account of the lateness of the session. A similar fate attended the Charitable Trusts Bill, to which we adverted in our last Number. There can be no doubt, however, that both these measures will be renewed in the next session, and we believe that they will eventually become law.

Lord Campbell has also introduced a bill for the establishment of a General Registry. His Lordship, however, did not press it to a second reading, his sole object being, as we believe, to call attention to the subject. We trust, however, that early in the next session he will undertake it, and, in pursuing it, we are quite sure he will receive the cordial support of all law reformers. As the head of the Real Property Commission, the Bill (which was introduced as finally settled by the late Mr. Duval) cannot be in better hands. The profession is also awaiting with much expectation the three first volumes of the "Lives of the Lord Chancellors," from Lord Campbell's pen; which will be published, we are glad to hear, before November.

The commissioners appointed to revise and consolidate the Criminal Law, have, in pursuance of that branch of the commission under which they act, which directs them to inquire into and report separately respecting such statutes, and parts of statutes, relating to criminal matters as in their opinion ought to be repealed, presented a report recommending the repeal of a variety of statutes, and parts of statutes, which imposed penalties and disabilities in regard to religious opinions, and suggesting certain amendments of the law relating to the oaths of allegiance, supremacy, and abjuration, and the declaration required by the 9 Geo. 4. c. 17. The following is the result of their recommendations :1st. That it should no longer be an offence to maintain the spiritual authority of the Pope. 2d. That the clauses of the Uniformity Acts, by which any penalty is inflicted for resorting to places of worship where the Book of Common Prayer is not used, should be repealed. 3d. That the penalties imposed upon Roman Catholics, Dissenters, and Jews, for professing, exercising, or promoting

any religion other than that of the Established Church, should be repealed. 4th That the Laws of Recusancy should be repealed. 5th. That the religious worship of the Jews should be protected in like manner as that of Roman Catholics and Dissenters. 6th. That, except as a qualification for sitting in Parliament, or for holding the high offices of State, from which Roman Catholics are excluded by the Roman Catholic Relief Act, the various forms of the oaths of allegiance, supremacy and abjuration, or the modifications thereof, now in use in England, Scotland and Ireland, should no longer be employed, but that instead thereof one form of an oath and one of an affirmation, to be so framed as to be unobjectionable to any class of persons, whatever religion they may profess, should be substituted.

Messrs. Starkie and Ker also, the Commissioners appointed to complete the Digest of the Law of Procedure in respect of indictable offences, in the preparation of which considerable progress had been made at the time of revoking the old and issuing the present commission, mentioned in our last Number, have completed that Digest; and the same, with their Report thereon, has been presented to both Houses of Parliament. Owing to the short period which has elapsed since its presentation we are only enabled to state, on the present occasion, that it appears to be a work of immense labour, and that the importance of the subject to the profession and the public cannot be too highly estimated. In the Appendix to the Report, also, is contained a number of most valuable communications in reply to the questions which were circulated by the Commissioners. We perceive that the Commissioners recommend most strongly the establishment of a Court of Appeal in Criminal Cases. return to the consideration of this Report in a future number.

We shall

On the 25th of July, an important conversation arose, which, having no party bearing, was, of course, less attended to by the public than it will be by the profession. The Lord Chancellor, in presenting the eighth and last report of the Criminal Law Commissioners, on the important and difficult subject of Criminal procedure, the only portion of the criminal code that remained unfinished," pronounced an elegant and impressive panegyric on those able and learned men, who had, he said, now accomplished the great work committed to them with extraordinary diligence, with the most extensive and accurate learning, and with a success exceedingly to be rejoiced in by the parliament and the country. Lords Brougham and Campbell entirely concurred with the Lord Chancellor; and the former of these noble lords having been alluded to by the Lord Chancellor as having issued the commission and appointed the commissioners, observed that two of them, Sir E. Ryan, late Chief Justice of India, and Mr. V. Richards, had lately been added by the Lord Chancellor, and had laboured effectually, with Mr. Starkie, Mr. Bellenden Ker, and Mr. Amos; the former of whom brought to this important work the most profound and accurate knowledge of criminal law possessed by any living lawyer. Lord Brougham took occasion to express his hope that the Commission, when its labours of digesting the law were completed, might not be broken up, as there was another work for which its members were eminently well qualified, and which the interests of the public above every thing required to be undertaken; he meant the formation of a board, or department, for revising and preparing Acts submitted to Parliament, and he gave many of those arguments in favour of the plan, which we have already frequently supported in this journal.

Lord Campbell hoped that the labours of the Commission would not remain in the dust of the library, or be confined to blue books, but that England would

at length be possessed of a code like all other civilised countries, and that the subject might at length clearly know the law he was called upon, under the severest penalties, to obey. Lord Brougham said that he had only deferred pressing his Criminal Code Bill last session, founded on the former reports of the Commission, because the Lord Chancellor wished its provisions to be fully considered by the profession, and because he waited for the code of Procedure, which we were now happily enabled to prepare by means of the present report; but he gave notice that unless, which he should, of course, much prefer, the government themselves took the subject out of his hands he should, early next session, reintroduce his Bill of last year, extending it to Procedure, although he might possibly adopt the French precedent, and have one code of crimes and punishments, or penal code, and one of criminal procedure. The Lord Chancellor intimated his approval of this course.

A new set of Chancery orders have been issued and signed by all the Judges of the Court of Chancery except Vice-Chancellor Knight Bruce. They show great care in their preparation, and so far as they extend are calculated to do good. But we should not properly represent the professional feeling if we did not say that, as a whole, they have given general disappointment. Judges must bear to hear the truth, however disagreeable it may be, and we are bound to say that alterations much more searching and comprehensive are positively necessary in Chancery practice. We have hitherto had but little space to afford to this subject, but assuredly the will is not wanting ; and if we have life and health spared us (we speak now in our individual and not in our corporate capacity), another long vacation shall not pass over our heads without an attempt to point out the proper reform. Our respect for the present Judges, not only for their learning and integrity but also for their good intentions in this respect, is great; it is, indeed, only exceeded by that which we entertain for certain other great judicial personages-Truth, Justice, and Equity. We notice with pleasure that the Chancery Practice Act has been renewed for another five years. This renewal, if there were nothing else, shows the wishes of the Judges.

We are exceedingly thankful to find that a suggestion which we humbly made in our Second Number, p. 417, has been already attended to. "The Duke of Grafton, for instance," we then said, “in the character of the Sealer of Writs, is still entitled to exact, and continues to exact, a fee from every person who has to seek the assistance of the Courts either of the Queen's Bench or Common Pleas for the recovery of the most trumpery civil right." By an act of the present session, 8 & 9 Vict. c. 34, this abuse has been entirely removed, the office having been abolished, with the entire concurrence of that amiable and enlightened nobleman, the present Duke of Grafton.

The death of Sir William Follett has rendered necessary a new arrangement of the law-officers of the Crown. Sir F. Thesiger has been appointed AttorneyGeneral, and subsequently Mr. Fitzroy Kelly Solicitor-General. These appointments have given great satisfaction to the profession. The new SolicitorGeneral is distinguished as a practical reformer of the law.

An awkward quarrel seems to have sprung up between some of the Circuits and the Press. We beg to defer our judgment on this matter.

We have heard of a rumoured purchase of New Boswell Court "with all its parts and pendicles," to use the phraseology of our northern brethren, for the purpose of erecting a new College of Justice thereon, surrendering Westminster Hall to the railway groups. We are not prepared for this at present, but we may be prejudiced, and we will take time to consider. The bare sight

of the Forum has made many Ciceros. We must take care how we deprive Westminster Hall of all legal associations worth preserving.

The Circuit Commissioners have been delivered of their Report, or rather they have suffered a fausse couche. We are desirous of perpetuating only one of their recommendations, — the only one indeed in which they seem to be agreed. These learned and distinguished persons consider that no change should "take from the Bar and the Judges, and indeed the whole legal profession, that wholesome vacation, which alone by its annual recurrence brings them back with minds refreshed with leisure and varied study to their important duties." In this we beg most heartily to express our concurrence, and trust that all our readers will act on it, as we ourselves purpose assuredly to do.

uly 28.

NEW WORKS LATELY PUBLISHED.

The Law of Fixtures; with Reference to Real Property and Chattels of a Personal Nature to which is also added the Law of Dilapidations, Ecclesiastical and Lay. By Standish Grove Grady, Esq., of the Middle Temple, Barrister-at-Law.

12mo. 14s.

The Orders of the High Court of Chancery from Hilary Term, 1828, to Trinity Term, 1845, as at present applicable to the Practice, with the Cases decided under each Order. By R. Levenge Swift, Esq., of the Middle Temple, Barrister-at-Law. 12mo. 12s.

The Law of Registration of Voters at General Elections, as settled by the Court of Common Pleas; with an Index of Reference to the various Decisions. By D. C. Maylau, Esq., Revising Barrister, London and Westminster.

A Treatise on the Law of Contracts and Parties to Actions ex Contractu. By C. G. Addison, Esq., of the Inner Temple, Barrister-at-Law. Royal 8vo.

148.

A Treatise on the Law of Evidence, principally with Reference to the Practice of the Court of Chancery and in the Masters' Offices. By John Tamlyn, Esq., of Gray's Inn, Barrister-at-Law. 12mo. 12s.

A Summary of the Law of Railways; with an Appendix, including the three Consolidation Acts, with Analysis and Notes, and the Standing Orders of Parliament relative to preliminary Proceedings in the Case of Railway Bills. By F. Walford, Esq., of Lincoln's Inn, Special Pleader. 12mo. 12s.

A Practical Treatise on the Law relating to Trustees, their Powers, Duties, Privileges, and Liabilities. By James Hill, Esq., of the Inner Temple, Barrister-at-Law, and Fellow of New College, Oxford. Royal 8vo. 11. 6s. Orders of the High Court of Chancery and Statutes of the Realm, relating to Chancery from the earliest period to the present time. By G. W. Sanders, Esq., Barrister-at-Law, and Chief Secretary at the Rolls.

2 vols. 8vo. 21. 10s.

Guide to the History of the Laws and Constitutions of England, consisting of six Lectures delivered at the Colleges by SS. Peter and Paul, Prior Park, Bath, in the presence of the Bishop and his Clergy. By Thomas Chisholme Anstey, Esq., of the Middle Temple, Barrister-at-Law, Professor of Law and Jurisprudence in those Colleges. 8vo. 12s.

The Statute Law relating to Railways in England and Ireland. By W. Hodges, Esq., of the Inner Temple, Barrister-at-Law. 8vo. 12s.

The Law of Railways, including the three General Consolidation Acts, 1845, and the other General Acts for regulating Railways in England and Ireland, with copious Notes thereon; also the Standing Orders of Parliament as to Proceedings of Railway Bills, with Forms, &c. By Leonard Shelford, Esq. Barrister-at-Law. 12mo.

A Treatise of the Effect of the Contract of Sale on the Legal Rights of Property and Possession in Goods, Wares, and Merchandise. By C. Blackburn, Esq., of the Inner Temple, Barrister-at-Law. 8vo. 128.