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The following summary may prove useful:

Attendance in European universities, expressed in per cents.

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In connection with this discussion it is well to consider the following statement: Prof. W. Lexis, of Gottingen, has in his recent book' undertaken to show the discrepancy between the number of students of law, respectively graduates of law, and the number needed to fill the positions offered by the central government, by provincial and communal authorities, corporations, etc. Altogether, he says, the annual demand for lawyers in the service of justice is 162; in other state and imperial service, 100; in provincial and communal service, 20; as independent attorneys and notaries, 180, and in the service of corporations and in other business positions, 10; together 472, or, to use a round number, 475. Now, supposing that the average time for legal studies in the university is 31 years, that 25 per cent should be added to the number in demand to include failures in examinations, we have a normal number of 2,080 to meet the annual demand for lawyers in Prussia.

But notice that in 1880–81 the Prussian universities had 3,103; in 1881-82, 3,112; in 1882–83, 2,992; in 1883–84, 2,713; in 1884–85, 2,501; in 1885–86, 2,411; in 1886–87, 2,503; in 1887–88, 2,722; in 1888–89, 2,821; in 1889-90, 2,923; in 1890-91, 3,090.

In 1881-82 the number had reached its maximum, and decreased slowly until the year 1885–86. From that year until 1890 the number again increased rapidly, and nearly reached the maximum of 1881. Now, if the normal number needed to meet the demand is considered, as stated, too low by about 100 or 200, there is still a surplus of many hundreds who will never find remunerative positions as judges or prosecutors, but must wait from 6 to 15 years and work as assistants in courts and administrative offices without any remuneration whatever.


In England: The consolidated regulations of the several societies of Lincoln's, the Middle Temple, the Inner Temple, and Gray's Inn now in force contain the following rules concerning the mode of entering the profession of law:

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RULE 16. Every student shall have attained the age of twenty-one years before being called to the bar.

RULE 17. Every student shall have kept twelve terms before being called to the bar, unless any term or terms shall have been dispensed with, under special circumstances, by the benchers of his inn.

RULE 18. No student shall be called to the bar unless such student 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, and having obtained from the council a certificate of having passed such examination.


RULE 22. No student shall be allowed to take out a certificate to practice under the bar without the special permission of the masters of the bench of the inn of court of which he is a student, to be given by order of such masters; and no such permission shall be granted to any student unless he shall be qualified to be called to the bar, and the regulations as to screening names in the halls, benchers' rooms, and treasurers' or stewards' offices, applicable to students desirous of being called to the bar, shall be applicable to students desirous of practicing under the bar. Such permission shall be granted for one year only from the date thereof, but may be renewed annually.


RULE 23. The council of legal education shall consist of twenty benchers, five to be nominated by each inn of court, of whom four shall be a quorum. The members of the council shall remain in office for two years, and each inn shall have power to fill up any vacancy that may occur in the number of its nominees during that period. To this council shall be intrusted the power and duty of superintending the education and examination of students and of arranging and settling the details of the several measures which may be deemed necessary to be adopted for those purposes or in relation thereto, and such other matters, as are herein in that behalf mentioned.


RULE 24. A permanent committee of eight members shall be appointed by the council, to be called the committee of education and examination, of whom three shall be a quorum. Two members of such committee, to be selected by the committee, shall go out of office at the end of two years from the 11th of January, 1975, and two members, to be selected in like manner, shall go out at the end of every succeeding two years. No member going out shall be reëligible until he has been at least one year out of office.

RULE 25. The committee shall, subject to the control of the council, superintend and direct the education and examination of students and all matters of detail in respect to such education and examination.


RULE 35. The council shall appoint so many examiners, not exceeding six, and so many assistant examiners as may from time to time be necessary, who shall hold office during the pleasure of the council. No examiner shall hold office for more than three years consecutively, nor shall he, after he has held office for that period, be reëligible until he has been at least one year out of office.

RULE 39. In every year after the second two of the examiners to be selected by the council shall retire.

RULE 40. Each examiner shall receive a salary of one hundred and twenty guineas a year, and each assistant examiner a fee not exceed. ing twenty guineas for each examination.

RULE 41. No member of the council, and no person who is, or within two years has been, a professor appointed by the council, shall be eligible as an examiner.


RULE 42. The subjects for examination shall be the following:

(1) Jurisprudence, including international law, public and private; (2) the Roman civil law; (3) constitutional law and legal history; (4) common law; (5) equity; (6) the law of real and personal property; (7) criminal law.

RULE 43. No student shall receive from the council the certificate of fitness for call to the bar required by the four terms of court unless he shall have passed a satisfactory examination in the following subjects, viz: (1) Roman civil law; (2) the law of real and personal property; (3) common law, and (4) equity.

RULE 41. No student shall be examined for call to the bar until he shall have kept nine terms; but students shall have the option of pass. ing the examination in Roman civil law, required by Rule 13, at any time after having kept four terms.

RULE 45. The council may accept as an equivalent for the examination in any of the subjects mentioned in Rule 43, other than common law and equity

1. A degree granted by any university within the British dominions for which the qualifying examination was in law;

2. A certificate that any student has passed any such examination, though he may not have taken the degree for which such examination qualified him; and

3. 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 the council is satisfied that the student, before he obtained his degree, or obtained such certificate or testamur, passed a sufficient examination in such subject or subjects.

RULE 46. There shall be four examinations in every year, one of which shall be held in sufficient time before each term to enable the requisite certificates to be granted by the council before the first day of such term. The days of examination shall be fixed by the committee, and at two of such examinations, viz, at those to be held next before Hilary and Trinity terms, there shall be an examination for studentships.

RULE 17. As an encouragement to students to study jurisprudence and Roman civil law, twelve studentships of 100 gumeas each shall be established, and divided equally into two classes, one class of such studentships to continue for two years, and to be open for competition to any student as to whom not more tlian four terms shall have elapsed since he kept his first term, and another class to continue for one year only and to be open for competition to any student not then already entitled to a studentship, as to whom not less than four and not more than eight terms shall have elapsed since he kept his first term; two of each class of studentships to be awarded by the council on the recommendation of the committee, after every examination, before Hilary and Trinity terms, respectively, to the two students of each set of competitors who shall have passed the best examination in both jurisprudence and Roman civil law. But the committee shall not be obliged to recommend any studentship to be awarded if the result of the examination be such as, in their opinion, not to justify such recommendation. Where any candidates appear to be equal, or nearly equal, in merit, the council may, if they think fit, divide the studentship between them equally, or in such proportions as they consider just. Where in any year a studentship in either class is not awarded by reason of the candidates not appearing to deserve it, the council may, if they think fit, appropriate it or a portion of it for that year to the other class, or may offer it for competition in some other subject.

RULE 48. Each inn of court shall bear the expense of the studentships awarded to its own students.

RULE 49. The examiners shall submit their examination papers to the committee for approval at such time as the cominittee shall direct; and the number of marks to be attributed to each paper shall also be submitted to the committee for approval.

RULE 50. Previous to each examination the committee shall give such notice as they shall think fit of the books and branches of subjects in which students will be required to pass at such examination in order to be entitled to a certificate under Rule 43.

RULE 51. The examinations shall be partly in writing and partly viva voce.

RULE 52. One examiner at least shall be present during the whole time of the examination in writing.

RULE 53. The board of examiners shall, after each examination, report the result thereof to the committee, who shall submit to the council the names of those students, if any, who are, in their opinion, entitled to receive certificates under Rule 43, or to obtain studentships.

RULE 54. At every call to the bar those students who have obtained studentslups shall take rank in seniority over all other students who shall be called on the same day.

RULE 55. All students shall be bound by variations as may from time to time be made in these regulations.

In France : IIere, as everywhere on the continent of Europe, the profession of law is entered through the common vestibule of all the four professions—the university; but less time is spent in theoretical study than in Germany. Two grades of lawyers are found in France6 avoué” and “avocat.” The avoué is a very inferior kind of legal functionary who is not permitted to plead, and usually acts in subaltern positions or in small villages without courts of justice, but may prepare briefs. He holds a “certificate of capacity," obtained, after two years' study of law, by passing an examination conducted by the faculty under supervision of the State. The university grants a degree of “bachelor of law” when an examination for that purpose is passed. After three years of study in law a "diploma of licentiate of law" is granted after a rigid examination. This degree admits to the profession. If a student takes up an additional course and spends another (the fourth) year in the study of law, he may acquire the degree of "doctor of law." Though this degree is not required for the practice of law, it is most desirable for ambitious young men who expect to enter positions in the higher service of the state. The position of a French notary is not easily defined. He seems to be a combination of a banker, a justice of the peace, a real-estate agent, a conveyancer, an official copyist, and family friend.

In Germany: A law student who passes his first or graduation examination, after three and a half years' study in the university (it is immaterial whether he acquires a degree or not, the degree being merely an academic honor) is thereby entitled to enter the service of practical preparation," his work in the university being considered theoretical preparation. This service in the practice of law lasts three years and is required of all lawyers, whether intending to enter the public service or not. Of this period one year is spent in the service of public administration, either governmental, provincial, or communal, one year and a half in subordinate service in lower courts, and half a year in the office of a lawyer who is admitted to the higher courts.

This three years' practical unremunerative service is required of all legal students; that is, of private practitioners and of all who intend to become judges, prosecutors, or attorneys, and also of all who intend to

ED 91-30


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