The Legal Observer, Or, Journal of Jurisprudence

LONDON:

Printed by A. & R. Spottiswoode,

New-Street-Square.

PREFACE.

We have now the pleasure of presenting our First Volume to the Profession and to the Public; and we are happy in the opportunity of expressing our sense of the manner in which the LEGAL OBSERVER has been received.

It was indeed surprising, that, among the many publications representing, or professing to represent, the different interests of the community, there should be no one which expressed the feelings and advocated the interests of the profession of the law. We have attempted to supply the deficiency. Our professional brethren of all classes, and on all sides, have come forward to support us, and we have thus been able to pursue our design with success.

We reflect on this with the greater satisfaction, because, although many other legal periodicals have been commenced, none has ever met with the same good fortune as ourselves. They have usually lingered on some few months, and have then been, to use the language of an eloquent judge, "entombed in the urns and sepulchres of mortality." The plain reason of this want of success appears to be this; - they have been devoted exclusively either to speculative opinions, forming a mere bundle of essays, emanating only from one branch of the profession; or have been filled with dry details and lists.

It has been our pride to bring forth a work which should be useful alike to the practical as to the speculative man; which should represent no section of the profession, no exclusive opinions. We saw that it was impossible to supply the demand without uniting all the services which each of its branches could afford. It is on this broad ground that we have taken our stand; and we now look back upon our labours with increasing pleasure. We have presented a varied page. The speculations of the jurist-the details of the lawyer - the bold discussion of legislative measures affecting the law-the experience of age the vivacity of youth-have all lent their aid to render our work useful and interesting. We confess an honest pride in our chosen band of supporters; each in his place to assist us; each filling the department allotted to him with advantage. It has been our glory to demand and receive their united assistance

"firm to retain

Their gather'd beams."

Nor do we despair of being able to continue the quotation

"Hither, as to their fountain, other stars

Repairing, in their golden urns draw light."

We are happy in being able to remind our readers that we have kept faith with them. No one promise in our original Prospectus has been left unfulfilled. But with this we have not contented ourselves. We have commenced and carried through a much more extensive plan than we at first proposed. It has been our aim to furnish a complete legal library; and, with the help of our MONTHLY RECORD and QUARterly Digest, we think we have succeeded.

We can only mention a few of the features which have distinguished our weekly publication. They are these:- We have been able to lay before our readers the earliest and most authentic information on all changes contemplated or effected in the Law, and on all professional appointments. We have given a series of original Reports in all the Courts of Law and Equity, which will well supply the place of the more expensive Law Reports; particularly as we have been able to give reports of the decisions of Courts of which there is at present no other report, as in the Practice Court of the King's Bench, and the nisi prius cases on the Home Circuit.

The friends and advocates of all moderate and practical reforms, we have been zealous in our opposition to those measures which would have inflicted on the country the evils of change without any of its benefits. From the earliest period of our existence, therefore, we have not ceased to expose and endeavour to defeat the Bill for the introduction of Local Courts into this country; and we take some credit to ourselves for enforcing and promulgating the true principles on which that pernicious proposal was founded. Our success has been complete; for the Bill is withdrawn, if not altogether abandoned.

We have fearlessly censured the conduct of public men, when we have thought it necessary to do so; but we have not stooped to personality, nor have we suffered ourselves to be made the vehicle either of mere idle gossip or of ill-natured remark.

These are the principles which have hitherto guided us; these are the principles which will continue to guide us. When we deviate from them, let our friends depart from us, and our enemies, if we have any, rejoice. And now we have only further to say, that as since our first appearance many new ways have opened to us for making our pages useful and interesting, so we doubt not that, as we shall pursue our course, cheered by the approbation and support of the Profession, new lights will break in, and we shall be able to render our work still more deserving of that favour which has already been so unsparingly bestowed.

CONTENTS OF VOLUME I.

LAW REFORM:

Local Courts, 9. 74. 91. 104. 121, 139. 145. 170. 177. 215. 227. 275.

Metropolitan Registry of Deeds, 22. 97. 123. 134. 167. 180. 187. 195. 230, 234.

243.265. 287.

Bankrupt Laws, 225. 284. 291.305. 343.

Court of Chancery, 254. 257. 273.

Ecclesiastical Commission, 254.

Real Property, 401.

Practical Improvements suggested, 26. 36. 58, 59. 88. 100.

Hints for the Improvement of the Common Law, 294.

RECENT STATUTES, 3. 49. 67. 83. 116. 130. 162. 213.