which statement applies equally to urban property not held burgage.

the Commissioners, would obviously be attended with the very greatest advantage. The writs recorded at Glasgow for the Barony Parish alone in 1861 were As to large towns which have at present no Register, between 1000 and 1100; for Govan, including Gorbals, the Commissioners say that many of the peculiarities between 600 and 700, while those for Calder and Old characterising property within Royal Burghs apply Monkland were 31 and 9, respectively. It is clear, equally to large non-Burghal towns; and were the therefore, that the Parishes of Barony and Govan ought question, whether as a part of a general system of land to be subdivided, and it appears equally clear to the registration now to be introduced for the first time, the majority of this Committee that, in order to work out same rule should be applied to both, they would answer the subdivision correctly, the system of registration in the affirmative; but, since a different system prevails, should be carried on here under a keeper with local the question is more difficult, whether the advantages of knowledge. It appears from the Report on the Registers a change would counterbalance not only the temporary in 1856, in which it is stated that "in many cases inconvenience but the permanent additional expense that searches might be made with more accuracy in a County would attend it. The question then seems to be one town, than in Edinburgh, from the local knowledge very much for these Burghs themselves, but as it appears possessed by persons in their respective districts," that from returns for the year 1861, laid before this Comthis Faculty then attached importance to local knowledge, mittee, that the number of deeds recorded in the and surely such knowledge must be very useful where a Renfrewshire Register for Paisley was in that year under Parish like the Barony is subdivided, whether the sub- 300, and for Greenock under 200, towns of that size may division have territorial or numerical designations. In acquiesce in the opinion of the Commissioners, that they such a case it appears to be essential that the keeper should not have new local Registers. Such towns, should have the greatest facility of communication with although locally important, do not stand in the same the agents recording deeds, in order to prevent the position as Glasgow, which includes within its limits a errors which might otherwise result from ignorance of seventh of the whole population of Scotland, bearing the the exact boundaries of each district. same proportion to Scotland that London does to England, and which, although already five times the size which it was at the beginning of the century, is still rapidly increasing.

Another strong reason why this Faculty should resist the removal of the Regality Register is to be found in the recommendation of the Commissioners, of which this Committee unanimously approves, that the Registers of Sasines should also be used for the purposes of preservation and execution. Unless the proposal of the Commissioners to make the Registrar certify as to the valid execution of deeds were adopted, which appears objectionable, it follows that, if the Regality Register was removed to Edinburgh, the deeds recorded in it for preservation as well as publication must be examined there, which would be a great drawback to safe conveyancing in Glasgow. Considering, however, that the foundation of most titles within the Regality is a bilateral deed, and that the Commissioners propose greatly to reduce the expense of extracts, there seems little reason to doubt that, sooner or later, deeds recorded in the Regality Register will be retained there for preservation.

It may be added that the Report adopted by this Faculty in 1856 did not name the Regality Register, nor, apparently, deal with the question now submitted. No arguments and data were then before the Faculty, showing that the Regality Register should be classed with those of the Royal Burghs. There is no inconsistency, therefore, in the Faculty now adopting the view submitted to them by the majority of this Committee.

The Committee is not aware of the exact position in regard to this question of some of the Royal Burghs in Scotland, such as Aberdeen and Dundee, which have probably extended greatly beyond the area of the original Burgh; but, as the Commissioners state that the Registers of many of the Counties are already overburdened with the number of house properties, in the suburban districts, near to but outside the Burghs, and the duty of abridging and indexing is thereby greatly complicated, and as they quote with approval this statement of Mr Thompson-"I see no possible objection, merely upon principle, in legislating to the effect of making it quite competent and proper that everything within the Royalty of a Burgh connected with the transference of property should enter on record," that is, should be recorded in the Burgh Register-it appears to your Committee that the Royalty of a Burgh held in feudal tenure, or even a Parish adjoining to a Burgh, but into which the Burgh has greatly extended, should be detached from the County Register and added to that of this adjoining Royal Burgh. This view is strengthened by the statement of the Commissioners that "the descriptions of Burgh property are ill adapted for abridgment,"

II. Changes in the Machinery for Searching. Proceeding to the second class of changes recommended by the Commissioners, which apply to the machinery by which the contents of the Registers are to be rendered accessible to the public, the Committee believe that the profession will unanimously concur in the propriety of continuing the Abridgment Books, and in urging that the process of abridgment should be pressed forward, so as to have the printed books as little in arrear of the Registers to which they pertain as is consistent with the nicety and care required in the operation. The Committee are unable to see that, with a sufficiently large staff, the work of abridgment should not proceed with the same despatch as now attends the preparation of minutes. In substance, the minute and the abridgment are at present identical, the minute being prepared from the deed before registration, while the abridgment is prepared from the deed as it stands on the Register. But if, as appears to the Committee, as great labour, skill, and care are necessary in framing the one as the other, and if, as is certain, the minutes, so far as used in searching, are superseded by the abridgments, it seems superfluous to continue the double process, merely for the purpose of complying with the provisions of the Act, when that purpose will be more effectually served by a Presentment Book containing all the requisites necessary to determine the order of presentation of writs, and which can be authenticated by the presenter and keeper at the moment of presentation. The Committee would therefore recommend that for the future the Minute Book should be discontinued; that for the purpose of ascertaining the order of priority of writs the Presentment Book should be invested with statutory authority; that the deeds should be forthwith abridged in the order of the Presentment Book-the abridgments being subjected to the same careful revision as that now exercised-and that the Abridgment Book, being continuous, should be printed in sheets, and in this way be almost contemporaneous with the Register.

The Committee see no danger, in requiring as a condition of registration that all deeds should bear the County and Parish in which the lands are situated; and, whether in gramio of the deed or not, it occurs to the Committee that the entry in the Presentment Book would be facilitated by the Parish or alternative Parishes

THE

SCOTTISH LAW MAGAZINE

AND

SHERIFF COURT REPORTER.

EDUCATION AND STATUS OF PROCURATORS.

We have on various occasions called the attention of profession as well as to the public. Unknown the profession to the very defective tests which to each other, it appears that the procurators in exist of the education of procurators. The only several counties had resolved to obtain Charters things considered imperative are set forth in the Act of Incorporation, the leading object being to fix a of Sederunt of 1839, and as these only refer to what standard of education for all applicants; but while may be picked up by three years' service in a writer's the propriety of applying for charters was under office, or a town-clerk's office, or the Sheriff-Clerk's, consideration, it occurred to some whether it would it is no occasion for wonder that some have been not be more advisable to endeavour to bring together admitted to practice before the Sheriff Courts who the whole profession in Scotland, with a view to do no honour to the profession. No doubt it is obtain a general Incorporating Act, and having some usual to remit the applicant and his petition to one standard of education fixed by the heads of the or two procurators; but many have heard, and some Supreme Court, or otherwise, as might be thought have known, examinations which were simply farcical most advisable. The difficulty in all such moveand discreditable to all concerned. The results of ments is, Who is to take the initiative? but it has such admissions are but too evident. We are lothe happened most fortunately on this occasion that this to confess that the profession does not stand so high was taken by Mr James Murdoch, Procurator-Fiscal as it once did. As a body, we have not kept pace of Ayr, and, we need not say, it could not have with the growing intelligence of the age-while fallen into better hands. After a preliminary education, at least, knowledge, has been spreading circular, issued in December last, Mr Murdoch called around us—while other professions have been length- a meeting to be held in Glasgow on 25th March. ening their curriculum, the standard of education for The meeting was attended by eleven delegates from "the country writer," if any such standard ever the north, west, midland, and southern counties; existed, has remained where it was-30, 40, 50-opinions were freely expressed and discussed, and, any number of years ago. In some towns the profession has lately become alive to the necessity of fixing some test in general education and in law for applicants, for the credit of the profession, and the safety of the public; and notably Glasgow has led the way in this reform. As might be expected, the example of Glasgow has spread into the larger towns; and we have now to call the attention of the profession to a movement which has just been inaugurated, having for its object the elevation of the profession, and placing it upon a footing somewhat analogous to the same branch in England and Ireland, and from which we are sanguine in our expectations of benefit to the

as might be expected, with various diverging views; but the meeting was heartily unanimous on the necessity of some step being taken for uniting the whole body of practitioners before the Sheriff Courts into something like a corporate body, raising the standard of education, and rigidly enforcing it. A resolution to this effect was unanimously passed; and, as no one had brought the draft of a bill with him, suggestions for a bill or drafts were requested to be sent to Mr Murdoch, who was empowered to draft a bill embodying what appeared to be the views of the meeting and the profession; and when this had been prepared, a meeting of a committee of delegates was

D

to be held in Glasgow to discuss the proposed mea

sure.

We shall not here anticipate what the nature of the measure may be, but we may remark that any bill which may be proposed for Scotland will be tried by the standard of the English and Irish statutes; and to obtain the support of our brethren in England, and carry with us the opinion of the Scottish public, as well as the sympathy and support of the Scottish members of Parliament, the proposed measure must be liberal and wise in its objects, not as regards the profession alone, but as regards the public.

Although we have already reached the Easter recess, the wish was expressed that the bill might be introduced and passed into law this session; others, however, were not so sanguine, and counselled delay and mature consideration. Whether it should be a private measure promoted by the body, or made government measure, was not decided. The feeling, however, seemed to be, that it ought to be a public measure, and introduced by the Lord Advocate.

One idea was mooted at the meeting, against which we, by anticipation, enter our strong protest. It seemed to be the wish of some, that each county, or district of a county, should be empowered to incorporate themselves, to the effect, as it seemed to us, to confine the business of each county, or even district of a county, to the practitioners resident there. Those who make this proposal should keep in mind that the law is different at present-that it is more liberal than their proposal, and that as that proposal seems to have for its foundation simply and purely increase of gain, and not to liberalise and raise the profession, it would certainly not meet with the sympathy of the Legislature. It looks too much like the feeling which small village "merchants" regard an opposition shop; besides, many of our counties interlap each other-some are smallsome large towns in one county are so close to the borders of neighbouring counties, that it would be wholly impracticable to carry out the idea, even if it were desirable. It ought also to be known, that it is no uncommon thing in England for a Solicitor or Attorney to practise in various towns and counties, and it is most unlikely that a different rule would be adopted in Scotland where the reason is stronger for the present state of things than it is in England.

We have in Scotland several legal corporate bodies -Writers to the Signet, Solicitors to the Supreme Court, the Faculties of Glasgow, Paisley, and Aberdeen. We exclude the Faculty of Advocates, for it is the Procurators, or Attorneys, or Solicitors of Scotland with whom we have to do. All these The general proposal is, that all attorneys should bodies have already high standards of admission to be admitted by the heads of the Supreme Court, after their respective bodies, although some of them may undergoing an examination in literature and law by not rigidly enforce their own rules. It is most a Board of Examiners in Edinburgh, and that, on desirable that in any legislative measure it should passing, each entrant should be entered in the rolls embrace the whole legal body-all assist in the ad- of the Court as qualified to practise, an extract of ministration of the same law, and all should undergo which would, to the entrant, be equivalent to a the same training, as far as that is practicable. We diploma, on presentation of which, to any Court in fear, however, that it may not be possible in a the kingdom, he would be entitled to be entered tentative measure, as the first effort must be, to em- upon the rolls of that particular Court, and to brace the whole body of Solicitors, and, in the first practise. It is also proposed that there shall be bill, the chartered bodies we have mentioned must intermediate examinations upon the details of an be left as they are. Their rights should only, how-office, and that these should be conducted by a local ever, be left untouched, or simply reserved; and care should be taken in the reserving clause not to leave the phraseology such as may be construed into legislative sanction of the exceptional rights of these bodies. After a certain period, when the new entrants have complied with the rules to be adopted as to education-literary and legal-and these have reached the standard of the best of these chartered bodies, a new measure may be necessary to embrace the whole legal body.

We do not here enter into the details of the proposed measure, because, when it has been matured and put into shape, we hope to present it to our readers for their suggestions; but we may mention one or two leading ideas which met with general acceptance.

board, whose certificate must be produced with the petition and other documents of each applicant for admission to the rolls.

A suggestion was made about the establishment of a widows' fund. All admitted its desirability, but it seemed to have been generally felt as if that should be left for some future legislative measure, and that it would be enough at present to attain some unity of the body.

Little was said about the fees of admission, but all concurred in this, that in any admission fee it should be an imperative item that a respectable sum should be exacted for the maintenance of a law library. There may be a difficulty in carrying this out, but how desirable, and even necessary it is, country practitioners very well know.