Note on the Author of The Adventures of an Attorney in Search of Practice. Second Edition.

THE author of this book is angry with us for suggesting that his hero (whom he chooses to identify with himself) is deficient in self-respect and superficially acquainted with society. Hopeless of gaining sympathy on this score, he is trying to induce his own branch of the profession to make common cause with him by raising a cry that their honour and respectability are assailed in his person. The attempt is ingenious, but we shall disappoint him by reprinting the paragraph to which he alludes:

"Two of the characters in Pelham' are made to discuss the question whether illegitimacy presents an insuperable bar to a man's being perfectly a gentleman. They decide that it does not, provided the individual has self-respect and strength of mind sufficient to subdue any consciousness of inferiority, which would be fatal to that ease and independence of demeanour which are absolutely essential to the character. Just so, if an attorney feels no consciousness of inferiority--and most assuredly there is no earthly reason why an attorney, well educated and well connected, should feel any consciousness of the sort-he will find himself, during periods of social intercouse, on a perfect footing of equality with the bar. In fact, we could name many members of what is called the inferior branch of the profession, who, from literary reputation or political influence, would be received with much more consideration in general society than an undistinguished barrister. But the worst of it is, a great deal of paltry jealousy, originating in this very consciousness, prevails; and it is perfectly clear to our minds, that Mr. Sharpe has hitherto tried in vain to convince himself of the actual existence of that perfect equality he is contending for. If so, why is he eternally harping on the point? or why so angry at the very limited description of exclusiveness which is still thought necessary to sustain, not the rank or the dignity, but the bare independence and respectability of the bar?"-L. M. vol. xxii. p. 378.

This paragraph speaks for itself. He does not venture to quote it, but after a wretched attempt at humour, he commences a formal reply to something he supposes to have been said in this manner :

"But to be serious, if one can be serious on such a topic, and if I wish to be so, it is only because I am challenged to the controversy, is it possible that the reviewer can suppose that this high stilting about 'rank' and 'dignity' and 'visible superiority' in times like the present, can have any other effect than to create a smile at his expense."-Preface to the Second Edition, p. x.

Who challenged him to a controversy? or where does he find any high stilting about rank and dignity? unless he insists on reading the sentence where these words occur, as Charles the Second's courtiers read the seventh commandment, without the The term "visible superiority" occurs in a passage afterwards quoted from Serjeant Talfourd, but he no more dreamed of applying it in an invidious sense, or guessed that he was stating a debateable proposition, than if he had declared that

not.

baronets were inferior in social rank to marquisses, or that peers occupied a station of visible superiority to commoners,-which this gentleman would probably answer by saying that Sir Robert Peel was more esteemed by his party than Lord Londonderry, and Mr. Howard of Corby better born than Lord Carrington. Sir Samuel Romilly must be equally in fault, when he says:

"My father endeavoured, however, by his conversation to give me a favourable opinion of the way of the life of a lawyer, an attorney I should say, for his ideas certainly soared no higher."-Memoirs, vol. i. p. 18.

It strikes us to be almost a self-evident proposition to assert that the calling which holds out the most tempting objects to ambition, and attracts all the recruits of promise, possesses a visible superiority. When a young man distinguishes himself at the university, and is recommended to follow the law, which branch of the profession does he join? or which is the more frequent occurrence-an articled clerk becoming a bar-student, or a bar-student becoming an articled clerk, as either happens to gain a reputation for ability?

It were a waste of time to pursue the topic, as we entertain no doubt that this weak, irritable, and injudicious writer's advocacy will be generally repudiated. He names Mr. Whittle Harvey as one of the illustrations of his order!

H.

EVENTS OF THE QUARTER.

ABOUT the most reprehensible proceeding of the present ministry since their first accession to office, was their abandonment of the Lord Chancellor's Bill regarding the administration of justice in equity. When the influential men of all parties were agreed, when the profession as well as the public were clamouring for it, it is suddenly given up under a feigned apprehension of a speech from Sir Edward Sugden, though it was perfectly well known that, had he divided against the measure, he would have divided by himself. The real motive was much of the same nature as that which had occasioned so much difficulty in supplying the last vacancies on the bench. The appointment of two new equity judges would have proved exceedingly embarrassing to a government who are obliged to weigh not merely the qualifications of a candidate but the effect his promotion might have upon their majority in the House of Commons. If, by shifting Mr. Baron Rolfe, they made room for the Solicitor-General on the bench, they would risk the loss of his seat and that of his successor; and if the Attorney-General gained nothing by the arrangement, he might turn restive or strike work. They extricated themselves from the dilemma by throwing up the bill. Lord Brougham, highly to his credit, instantly brought forward another, embodying what many thought the most valuable part of the discarded measure, namely, the clauses empowering the equity judges to effect such changes as they may deem expedient in the pleadings and practice of their Courts. The debate on this bill in the House of Commons was principally distinguished by Mr. Pemberton's clear and unanswerable exposure of the existing evils. These have also been set forth in a petition signed by most of the leading London solicitors and presented to the House of Commons towards the end of the session, so that it will be hardly possible even for the present government to procrastinate beyond the next session.

The Report of the Bankruptcy and Insolvency Commissioners has been presented, and is in print. We shall review it very shortly. They propose many sweeping changes; amongst others, the abolition of the Court of Review, the consolidation of the bankruptcy and insolvency jurisdictions, and the entire abolition of imprisonment for debt.

The following notices have been given for the next session :

Mr. Hume.-Bill to alter and amend the Reform Act for England and Wales (2 & 3 Will. 4, *c. 45), so as to extend the suffrage to all householders, and to all occupants of parts of houses rated to the poor; to afford protection to the voters against intimidation and bribery; to shorten and fix the duration of parliaments. Major Chetwynd.-Select committee to inquire into the administration of the law, civil as well as criminal, and especially on the circuits.

Mr. Hawes.-Bill to disqualify, after the present parliament, persons holding certain judicial offices from being elected or sitting as members of the House of Commons.

Mr. Fitzroy Kelly.-Bill for the further abolition of the punishment of death.

Mr. Pemberton's speech has since been published in the form of a pamphlet.

Mr. Fitzroy Kelly.—To call the attention of the House to the subject of secondary punishments under the law as now administered.

Mr. Fitzroy Kelly.-Bill to enable the freemen of certain boroughs to vote in the election of town councillors for such boroughs.

Mr. James Stewart.-Address to her Majesty, that it may be her Majesty's pleasure to cause a commission to issue to inquire into the expediency of adopting some plan for consolidating and digesting the Common Law of England, as contained in the reports of the superior Courts of Law and Equity, and for improving the present mode of reporting such decisions.

Mr. Milnes.-Bill to alter and modify the restrictions of the law of mortmain, as far as they regard all spiritual corporations.

Sir Edward Sugden.-Select committee to inquire into the administration of justice in the Courts of Chancery and Equity Exchequer, and in the House of Lords, and the Judicial Committee of the Privy Council, and to report their opinion thereon.

We deeply regret to have to record the death of Mr. Tyrrell, the eminent conveyancer, to whom we have been indebted for many useful hints and much valuable information during the progress of this work. From a short memoir in the Legal Observer we collect, that he was the son of the late city remembrancer, and received his education at Eton,-entered young at Lincoln's Inn,-became the fisrt pupil of Sir Edward Sugden,—and was called to the bar in 1815. In 1829 he published his Suggestions, addressed to the Real Property Commission, of which he soon after became a member. His labours in this capacity are familiar to all persons who have followed the progress of improvement in this branch of the law. The Report on Wills, and the Act founded on it, are understood to have been prepared almost exclusively by him. But his exertions were not limited to this peculiar field: he took an eager interest in all proposed changes directly or indirectly connected with professional matters; and it latterly became a fashion for amateur legislators of all sorts to consult with him. His assistance was readily afforded, and invariably tended to the practical improvement of the scheme. No one who knows the important place he filled amongst law reformers can doubt that many measures of importance to the community will be indefinitely retarded by his death.

The annual revision has been completed without exposing the revising barristers to quite so much odium as in former years; but it is clear that they will never be able to perform their duty satisfactorily until the existing doubts have been set at rest by a declaratory Act, or an appeal court.

Oct. 27, 1840.

LIST OF NEW PUBLICATIONS.

The Practice of Conveyancing; comprising Rules for the Preparation and Examination of all Ordinary Abstracts of Title, together with the Law of Evidence connected with the Title to Real and Personal Property. Second Edition. Vol. III. By James Stewart Esq., of Lincoln's Inn, Esq., Barrister at Law. Royal 8vo. price 22s. boards.

The Acts for the Commutation of Tithes in England and Wales, 6 & 7 Wm. 4, c. 71; 1 Vict. c. 69; 1 & 2 Vict. c. 64; 2 & 3 Vict. c. 62; and 3 Vict. c. 15. With Notes, Appendix and Index. By William Eagle, of the Middle Temple, Esq., Barrister at Law. The Third Edition, 12mo. price 8s. boards.

Questions on the Law of Evidence, with the Answers. By a Barrister. 12mo. price 4s. 6d. boards.

Private Wrongs and their Remedies, being the Third Book of Blackstone's Commeutaries, incorporating the Alterations down to the Present Time. By James Stewart, of Lincoln's Inn, Esq., Barrister at Law. Price 18s. boards.

A Practical Treatise on Bills of Exchange, Checks on Bankers, Promissory Notes, Bankers' Cash Notes and Bankers' Notes; with References to the Law of Scotland, France and America. The Ninth Edition, much improved, by Joseph Chitty, Esq. and John Walter Hulme, Esq., of the Middle Temple, Barristers at Law. In 1 Vol. royal 8vo. price 17. 11s. 6d. boards.

An Introduction to Conveyancing and the New Statutes concerning Real Property, with Precedents and Practical Notes. By William Hayes, Esq., Barrister at Law. Fifth Edition, in 2 Vols. royal 8vo. price 21. 10s. boards.

An Elementary View of the Common Law, Uses, Devises and Trusts, with Reference to the Creation and Conveyance of Estates. By William Hayes, Esq. Barrister at Law. In 8vo. price 5s. boards.

Part II. Of the Practice of the Superior Courts of Law at Westminster in Actions and Proceedings over which they have a Common Jurisdiction, with Introductory Treatises and an Appendix. By Robert Lush, Esq. of Gray's Inn, Special Pleader. In 1 Vol. 8vo. price 13s. boards.

A Practical Treatise on the Law of Elections, with Directions for Candidates, Electors, Agents, Returning Officers, Overseers, Claimants, and Objectors: and an Appendix, containing the Statutes for England, Scotland, and Ireland, with Notes; the Boundary Act; and Forms of Indentures. Precepts, &c. &c. By Archibald John Stephens, Barrister at Law. In 2 Vols. 12mo. price 17. 18s. boards.

An Abridgment of the Cases upon the Subject of the Poor Law decided since the passing of the 4 & 5 Wm. 4, c. 76, and a collection of the subsequent Enactments upon the same Subject. By William Golden Lumley, Esq., Barrister at Law, one of the Assistant Secretaries of the Poor Law Commissioners. In 1 Vol. 8vo. price 10s. 6d. cloth.