Графични страници
PDF файл

(4) The law and practice of probate and divorce; the law and practice of admiralty; criminal law and practice; proceedings before jus. tices of the peace.

4. The subjects for the honors examination are the same, only the questions are more difficult.

Three courses of lectures on common law, equity, and conveyancing are delivered annually at the Society's hall, in London; and, in connection with these lectures, classes are conducted and examinations held under the superintendence of the instructors.

It is stated that the example set by the body of solicitors of establishing an efficient system of examination and lectures led to the adoption of like measures by the four great Inns of Courts, "the noblest nurseries of humanity and liberty in the kingdom.”

The committee has received from England copies of the consolidated regulations of the several Societies of Lincoln's Inn, the Middle Temple, the Inner Temple and Gray's Inn, as to the admission, education, and examination of students, the calling of students to the bar, and the taking out of certificates to practice under the bar, for 1892, and other documents showing the courses of stuly and examinations prescribed by the Council of Legal Education of the Inns of Courts, which may be printed with this report for the information of the association.

The council of legal education consists of twenty benchers, five from each inn of court, and to this body is intrusted the power and duty of superintending the education and examination of students for the purpose of being called to the bar, or of practicing under the bar.

The general rule is that persons seeking to be admitted as students in an inn of court must, before such admission, satisfactorily pass an examination in the following subjects: (a) The English language; (6) the Latin language; (c) English history.

No student can be called to the bar unless he shall, to the satisfaction of the council of legal education, have passed a public examination for the purpose of ascertaining his fitness to be called to the bar.

An examination in Roman law, and in prescribed heads of the English law, is obligatory for call to the bar; but the council may accept as an equivalent for examination in Roman law: (a) A degree granted by a university for which the qualifying examination included Roman law; (b) a certificate that any student has passed any such examination, though he may not have taken the degree for which such examination qualifies him; and (c) the testamur of the public examiners for the degree of civil law at Oxford that the student has passed the necessary examination for the degree of bachelor of civil law: Provided, That the Council is satisfied that the student, before he obtained his des or obtained such certifi testamur, passed a sufficient examinin Roman law. The general subjec

and examination, under rection

[ocr errors]

1. Roman law and jurisprudence, and international law, public and private.

2. Constitutional law and legal history. 3. English law and equity:

(©) Law of persons: Marriage and divorce; infancy; lunacy; corporations.

(1) The law of real and personal property and conveyancing: Trusts, unortgages, administration of assets on death, on dissolution of partnerships, on winding up of companies, and in bankruptcy; practical instruction in the preparation of deeds, wills, and contracts.

(c) Law of obligations: Contracts; torts; allied subjects (implied or quasi-contracts, estoppel, etc.); Commercial law, with especial reference to mercantile documents in daily use, which should be shown and explained.

(d) Civil procedure, including evidence.

(e) Criminal law and procedure. Examinations for call to the bar are by written papers, and by such viva voce questions as the examiners may think desirable.

The council may grant certificates of honor to such persons as may be reported worthy of the same by the examiners.

A student who, previously to his admission at an Inn of Courts, was a solicitor in practice for not less than five years (and has ceased to be a solicitor before his admission as a student), may be examined for call to the bar, without keeping any term, and may be called to the bar upon passing the public examination, without keeping any term.

The educational advancement of the lower branch of the legal profession in England, among other causes, will no doubt sooner or later lead to the abolition of the distinction of rank between solicitors and barristers-at law; but whether such a change will be a gain to the pro. fession and the public, time alone will show.

One great safeguard of the profession in England is the fact that it has not ceased to be, or to be regarded as, a learned profession, and has not become a mere business occupation, which may be taken up by almost everybody as a livelihood upon the most imperfect preparation for its duties and responsibilities.

The profession stands apart from ordinary business, with a spirit sensitively alive to whatever concerns the honor and best interests of its members, and it is thus measurably protected against the encroachment of unwortly and incompetent persons, while it is accorded by the public a degree of respect and consideration which renders membership in it a sensible and gratifying distinction.

The discipline of the more numerous branch of the legal profession in England is regulated and maintained under provisions of statutes carefully framed with a view to the interest not only of the profession itself, but also of the public at large as deeply concerned in the conduct of legal practitioners.

Stipulations for the sale by the client, either wholly or partially, of his interest in any action, or for the payment only in the event of success, are wholly void.

The solicitor's remuneration act of 1881 provides for the compensation of solicitors in conveyancing and other non-contentious business according to the general principle of fixed ad valorem percentages, so as to get rid of detailed bills of costs for this class of work.

The rates are established by a general order of the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the President of the Incorporated Law Society, and the president of one or more of the provincial law societies, or associations, and the regulations and provisions proposed to be embodied in any general order on the subject of remuneration are communicated to the council of the incorporated law society, who are at liberty to submit observations and suggestions in respect thereto.

Overcharging, as well as undercharging, in such business is thus rendered impossible.

The Solicitor's Act of 1888 provides for the custody of the roll of solicitors of the supreme court in England by the Incorporated Law Society, and carefully regulates the subject of striking solicitors off the roll.

An application to strike a solicitor off the rolls, or an application to require him to answer allegations in an affidavit, is referred by the master of the rolls to a committee of not less than three nor more than seven members of the society, who, after hearing the case, are required to embody their finding in the form of a report to the high court of justice.

If the committee are of opinion that there is no prima facie case of misconduct against the solicitor, the society need not take any further proceedings; but if the committee are of opinion that there is a prima facie case, it is the duty of the society to bring before the court the report of the committee, which has the same effect, and is treated in the same manner, as a report of a master of court, and the court may make such order thereon as it sees fit.

The Incorporated Law Society is thus constituted by law not only a faithful leader, but the watchful guardian of the honor and the best interests of the legal profession.




Statistics, subjects taught, text-books used, and time allotted, as far as te

ported in the catalogues of the institutions; with some remarks concerning their organization and methods of instruction.

1. Albany Law School (Union Unirersity), Albany, N. Y., Lewis B. Hall, dean. Twelve instructors, 41 students, 18 having degrees in letters or science, 36 graduates, 38 weeks in school year 1891-'92. Students must attend one course of three full terms.

2. Lan Department of Allen Unirersity, Colunbia, s. C. 0110 instructor, 11 students, 32 weeks in school year. Has a course of 2 years.

3. Law School of the Indiana University, Bloomington, Ind., David D. Banta, dean. Two instructors, 61 students, 5 having degree in letters or science, 16 graduates, 87 weeks in school year.

Course of study: First year.-Elementary law (Robinson's, with notes and collatcral reading), 39 hours; constitutional law (Cooley's, and study of leading cases), 26 hours; contracts (Anson, with notes and study of cases), 65 hours; contracts (Recitation in Parsons, with notes and cases), 50 hours; personal property, 60 hours; international law, 10 hours; domestic relations, 30 hours; notes and bills, 2 hours; criminal law, 10 hours.

Second year.---Jurisdiction and procedure in equity (Bispham's Principles and Lube's Equity Pleading), 65 hours; common-law pleading (Stephens'), code pleading, 65 hours; real property (Tiedeman, with notes and cases, and practice in the examination of titles), 50 lours; wills and administration, 10 hours; evidence (Stephens'), 30 lours; pleading and practice, 20 hours; corporations (Moravetz), 50 hours; torts, 30 bows; pleading and practice, 20 hours.

Organization and methods of instruction.-Examinations for admission are not technical, but aro intended to test applicant's knowledge of the common-school branches, ilmul especially his ability to write tho English language easily aad correctly Instruction is given by text-books, lectures, and study of leading cases. The last feature is especially emphasized, the object being to acquaint the student with the leading cases in each of the more important branches of the law.

4. Boston University School of Law, Boston, Mass. Edmund H. Bennett, dean.Twenty-five instrueturs; 210 students, 50 having degree in letters or science; 62 graduates; 35 weeks in school year.

Course of study: First year.-('ontracts (required), 125 hours; torts (required), 120 hours; sales (required), 30 hours; agency (required), 20 hours; criminal law (required), 25 hours; development of law, 25 hours; history of the common law, 10 hours.

Recommended : Benjamin, Bishop, Metcalf, Auson, or Smith on contracts; Bigelow, Cooley, or Pollock on torts, or Bishop on noncontracts; Benjamin on sales; May or McClain on criminal law; Meechem or Story on agency.

Second year.–Bailments (required), 20 hours; bills and notes (required), 75 honts; domestic relations, 10 hours; insurance, 15 hours; landlord and tenant (required), 10 hours; Massachusetts conveyancing, 10 hours; partnership (required), 10 hours; real property (required), 140 honrs. Books used: Williams, Washburn or Tiedeman on Real Property; Schouler, Bailments, Chalmer's Digest (Benj. edition) on Bills; Bigelow's Leading Cascs or Bills and Notes; Story ou Partnership; Schouler's Domestic Relations; Taylor's Landlord and Tenant.

Third year.-Equity jurisprudence, including trusts (required), 100 hours; cquity pleading (required), 20 hours; ovidenco (required), 70 hours; jurisdiction and prac. tice of the United States courts (required), 15 hours; law of railroads, 20 hours; pleading and practice at common law (required), 50 hours; wills Iro-g-, red), 15

" Prepared by Mr. Weilford Addis.

hours. In addition to the stadies above-mentionod, lectures are given before tho senior class each year on several of the following topics: Admiralty and shipping, 10 hours; conflict of law, 15 nours; constitutional law, 10 hours; constitutional legislation, 10 hours; corporations, 10 hours; damages, 10 hours; law of elections, 6 hours; medical jurisprudence, 10 hours; Massachusetts practice, 12 hours; American statute law, 20 hours; patent law, 10 hours; parliamentary law, 10 hours. Books used: Bispham or Bigelow's Equity, Vol. 1, Greenleaf's Evidence; Stephen's Digest (Chase's edition); Stephen's or Gould's Pleading; Best's Evidence (Chamberla yno's edition); Story's Equity Pleadings; Curtis's Jurisdiction of United States Courts.

Methods of instruction. The course of instruction includes the regular oral text book exposition and recitation, free and written lectures, reviews, examinations, exercises in crafting contracts, conveyances, pleadings, indictinents, and other legal papers, the criticism of briefs, and arguments in moot courts, courses of reading, etc. The importance of the study of judicial authority, especially the cases referred to in the lectures and recitations, is urged.

5. Buffalo Law School of the University of Buffalo, Buffalo, N. Y. Charles Daniels, Jean.-Twenty-two instructors; 60 students, 13 having degree in letters or science; 21 graduated; 33 weeks in school year.

Course of study: First year.-Elementary law and contracts, criminal law and procedure, torts, practice in civil actions, marriage and divorce, domestic relations, transmission of estates.

Second year.-Law of property, evidence, oquity jurisprudonce, and pleading, sales, agency and partnership, corporations, negotiable bills and notes, medical jurisprudence, maritime and admiralty law, constitutional law, legal ethics, trial of actions, special proceedings, manufacturing corporations, wills and estates of de. ceased persons.

Methods of instruction. Instruction is given by means of lectures, recitations, and especially by the study of leading cases. Moot courts are held.

6. Law Department of Central Tennessee College, Nashville, Tenn.-Three instructors, 8 students, 4 graduates, 36 weeks in school year. Has a course of two years.

7. Lal School of the Cincinnati College, Cincinnati, Ohio. Jacob D. Cox, dean.--Six instructors; 161 students, 35 having degree in letters and science; 83 graduates; 33 weeks in school year.

Course of study: First year.-Elementary law, contracts, real property, Blackstone's commentaries, Anson's contracts, Bliss on code pleading.

Second year.–Pleadings and civil procedure, torts, real property, equity jurisprudence, mercantile law and contracts, evidence, court law, criminal law, corporations, statnte law. Books used: Stephen's Pleading, Bliss's Code Pleading, Bigelow's Torts, Williams' Real Property, Bispham’s Equity, Kent's Commentaries, Greenleaf's Evidence, Stephen's Evidence, Cooley's Constitutional Law, May's Criminal Law.

Methods of instruction.—The daily exercises consist of lectures and recitations from standard text-books. Leading cases and collateral, authorities on the subjects under consideration are referred to by the professor, and at the succeeding recitation the class will be examined upon the whole matter of text and comment. Moot courts are held each week during the year.

8. School of Law of Columbia College in the city of New York, N. Y. Theodore W. Dwight, dean.—Ninn metors, 625 students, 63 graduates, 32 wecks in school year.

Course of study: --Required: Contracts, 102 hours (Keen's selections); real and personal pr

ours (Gray's cases); torts, 48 hours (Burdi's cases); criminal law and pro

tirs (Chaplin's cases); law of persons omestic relating, 32 hours (E.

ents' edition); common law ples nd proTours (Amos

nts of jurisprudence, 10 hou tional: istory of

United States, 136 hours; ntional 8 bours: Coman law, 34. In the fir the


is 31

Jours a week.

[merged small][ocr errors]
[ocr errors]
[ocr errors]
« ПредишнаНапред »