acquirements in Bankruptcy Jurisdictions, in Arbitration, in the Presidency of Quarter Sessions, and he very warmly and indignantly deprecates the attempt to lower the character and position of the County Courts by calling them Small Debt Courts, and treating them as Inferior Courts, which the prejudice and jealousy of their elder brethren in the law have somewhat encouraged. We hope to see the day when the Provincial Judges shall not only, as Lord Brougham suggests, and as was originally intended, have salaries proportioned to their districts, but be also encouraged by appointments to the Bench of the Metropolitan Courts.

He vindicates the merits of the County Court Judges by showing how small has been the number of appeals, and of these how much smaller the number of reversals.

to the

We desire to draw attention to this question necessity of creating or recognising the judiciary body, and it may be of employing their services in fractional portions of the consolidation of the Law, and of the registration and digesting of decisions and other matters subsidiary to the Chancellor, which will not interfere with their primary duties, so that they may keep alive their knowledge of law and be had in remembrance by their London professional brethren, who are apt to suppose that when they are appointed to these posts their friends have gone with other country mice to eat their way on some country shelf to be no more heard of or seen.

It is clear that no intellectual vigour can endure without ambition; the moment a man has determined that he will live in a limited circle of occupation, his mental frame becomes attenuated and he falls into a moral decline.

A year or two ago there was a Bill to enable persons not of the degree of the Coif to preside at Nisi Prius. Why in the name of all that is modest should not the County Court Judges be included in the Commission? if they are not fit to be there, they are not fit to be Judges at all. Such an arrangement would give occasion for the exercise of the office of Judge in the higher capacity, and enable them to prove their fitness to act always in that capacity. It would

act, and to keep up habits of proper dignity, from which a man is apt to descend, where he does not act constantly in the presence of an audience nearly approaching him in degree, or not in the presence of equals of a high grade.

As the Bar is not likely in times to come to be so much as it has been a field of enterprise, where great fortunes and great distinction may be earned, men will naturally seek a seat on the Bench earlier than they used to do, especially if that seat does not preclude their appointment to higher judicial office; which will give scope to that judicial ability which is wanting in the special aptitudes of advocacy.

Among Lord Brougham's topics is the Condition of the Local Bar. In former times, we believe, it was not unusual for a man to commence his career in the provinces, and after winning his way upward, to seek higher distinction in the metropolis. The same course would not be inexpedient if men started at first with qualifications duly established and ascertained by examination; otherwise we should fear that beginning in a narrow field they would not obtain a sufficient mastery of their profession, except in the higher provincial courts. Yet we must remember that some of the foreign Jurists, who have obtained a world-reputation, have commenced, and indeed practised for life, in provincial tribunals. The greater leisure is more favourable to study and reflection, and to turning to account the results of practical experience.

In adverting to the improved condition of the Bar in Local Courts, we do not overlook the value of a high-toned agency in the person of the Attornies, and the importance of doing nothing which would stem the improvement of their position and character.

We consider that to a strong tribunal (and no tribunal should be permitted to exist which is not strong in all the elements of judicial strength) it is not only necessary that we should have a Judiciary intelligent, learned, independent, and free from corruption; but a Bar possessing the same qualities, an honest, honourable, and capable agency in the shape of Attornies; proper and sufficient officers of Courts; and also publicity in the free access of the Public, and in the

attendance of the Press, to which ends all Judicatures in each locality should be consolidated, and the Court should be omnicompetent. It has often occurred to us that the creation of a good Bar might be assisted partly by the appointment of Counsel for the Crown in all matters in which the Crown was concerned, which would supply the want of public prosecutors so much needed for the due enforcement of the Law, and partly by devolving on some member or members of the Bar the duty of making reports of judicial proceedings, which might, through some appropriate means, find its way to the Press. The arrangement would have a double effect; it would tend to establish a more definite and constant responsibility in the Judge, and also to instruct the local public in legal matters, which is one of the offices and uses. of a Local Court.

How obvious is it that one reform hangs upon and waits for others; and how obvious too the necessity of some presiding authority to watch the occasion, to select the means, and to superintend the adoption of those means, till we have one system of Law, and one system of Tribunals through at least each nation; for it is a singular thing that neither England, Ireland, or Scotland have an homogeneous system, though Scotland is better off than the rest. We do not advocate any hasty change, but a cautious, regular, systematic, and progressive course of amendment, under the most responsible direction and superintendence, that of the Chancellor, furnished with all facilities that so high and varied functions absolutely need.

Lord Brougham speaks emphatically on two topics, for which we have left ourselves no room to particularly advert; viz. the amendment of the Private Bill System, which he denounces for its anomalous and questionable jurisdiction, and its powers and procedure. He intimates there is some prospect of immediate amendment. The other topic is the Revisal of Public Bills. We have long and earnestly advocated a measure of this sort; but if done at all, it should be done wisely and well, under adequate arrangements, the personnel well trained and well recommended, acting under proper

that it needs but an industrious compiler to frame a measure which should put such arrangements on a proper footing. Care must be taken that, as in the Statute Law Commission, a system is not improvised which cannot work to an efficient result. It is far too delicate an affair to be disposed of rashly, without due consultation with those who have long paid attention to the matter, and without all due provisions and guards.

Our readers must not expect in Lord Brougham's Pamphlet an elaborate exposition of the points to which we have adverted. Its contents were addressed to the House of Lords, which would not bear elaborate detail. Its merit is its suggestiveness; and the calling up to one's mind, in somewhat connected array, the various topics of Law Reform. Our readers will do wisely to devote the first spare hour to its perusal.

ART. IX.-LAW REFORM PROSPECTS.

Extract of a Letter from Lord Brougham to Lord Denman.

"But I pass over all these things, -the risk which the great cause of Law Amendment runs from the excitement that may possibly be raised upon Parliamentary Reform (it certainly has not as yet been perceived),—the far more dreadful peril to all the interests of the community from the war which some portions of our countrymen seem much disposed to see undertaken, who would probably be the first to cry out for peace when the bill of costs was presented. I hasten to recount our successes and our disappointments during the last Session, gathering from the one encouragement to pursue, from the other warning to guide, our future course. One thing I must, however, stop to note, the unaccountable opinion given by an able and very distinguished friend of ours, now at the head of the Home Department, that Law Amendment could not have any great place in the affections of the people, because no public meetings were

held in its behalf. That Exeter Hall should not be crowded with multitudes of all classes and of both sexes, to hear discussions on points of Law, neither surprises nor grieves me, any more than the desertion of that building when delicate and complicated questions of Foreign Policy are occupying the attention of statesmen,-questions which my noble friend would probably not desire to see handled there, unless he has changed his views with his office. But that the well-informed and reflecting portions of the people continue to take the liveliest interest in the improvement of the laws they live under, and that they will very intelligibly make their determination known and felt, to have all well-considered amendments of our legal system effected by the Legislature, as speedily as is consistent with mature deliberation, I believe to be as certain as any proposition which can be affirmed touching the course and the force of public opinion. I will go further and assert, that the desire for Law amendments with good speed, has become both more general and more strong each succeeding year, until we may venture to trust that it prevails through the whole community, and cannot any longer be thwarted by the Government, to whose hands soever entrusted. Indeed, it is only fair to admit, that no disposition of the kind is evinced by any party in the State, if party can now be said to exist.

"Nothing can show this more clearly than the proceedings of the Government at the beginning of the last Session. The great measure of digesting the Criminal Law, begun by their predecessors, but left, for want of the last hand, still imperfect, was taken up and referred to a select Committee, upon the plan described in my letter of 16th August, 1852, as having been, after much consideration, approved by Lord Lyndhurst as well as myself, that of passing it through Parliament first in four or five distinct chapters, and then substituting one Act to embrace the whole, so that the articles may be numbered consecutively. The most important and difficult division,-offences against the Person,—was elaborately gone through in the Committee, reported to the House, and only postponed in order that the opinions of the Judges might be obtained upon the detail of its provisions, it