The Sun.
London, England, 1851-08-21 00:00:00

THE SUN,

DARtrycm.g_Wind S.S W.—cloudy.
NKwcmal W —flue.
B,Arrom—Wind S.E.. gentle breeze—partially cloudy.
BKRw-trw—Wind E cloudy.
GLAsclow ind S W.—fin?.
EnugaUßGll W nd S. by W.—fine.
The returns from the following places indioate the state of
the wind and weather on Tuesday morning at nine
o'clock :
Poout —Wind S.E., gentle breeze—cloudless.
LEIGHTON— Wind E , gentle breeze—cloudless.
RnGßY—Wind S.E., gentle breeze—partially cloudy.
PETE& BORO UGH ind S.W., gentle breeze—partially
cloudy.
CREWE—Wind S, gentle breeze—fine.
WHITBY—Wind S.S.W., geode breeze—principally clear.
DARLINGTON—Wind S.S.W., gentle breeze partially cloudy.

THE WEATHER.—Suns Ornca, AUGUST 21.
THERMOMETER, IX THE SHADE.
73—highest since noon yesterday.
55—lowest this morning and during the night.
73—this day, at noon.

- BAROMETER, 30.15.
Wow S.W.—light breeze and fine sunshiny weather.

TO CORRESPONDENTS.
No communication can be attended to unless authen.
Heated by the name and address of the writer.
Rejected communications cannot be returned.

Association should be met by the immediate organi-
zation of a Proteranr D,,frfice Society.

The question whether the two branches of the legal
profession are to remain separate and distinct bodies,
or whether the ancient boundaries that divided their
respective provinces are to be annihilated, and each to
be permitted at pleasure to trespass on the domains
of the other, must speedily be decided. It is one of
vast importance, not only to the parties more imme-
diately concerned, but to all classes in society through-
out the length and breadth of the land. We say to
" all classes," from the highest to the lowest, because
the result will materially affect the due administration
of justice in all its departments. An enlarged and
comprehensive view should therefore be taken of the
subject. It should be considered, in all its aspects,
with that care and attention which it so eminently
deserves. A crude or hasty judgment should be es-
pecially deprecated, for if an error be committed it
may not be easy to retrace our footsteps, or to regain
the position we have abandoned.
And, first, it is desirable that we should know the
nature of the alterations which are in progress, and
which must inevitably be carried out. When the
county courts system was introduced, it was intended
merely to give additional facilities for the recovery of
demands not exceeding 90/. sterling. It was, how-
ever, speedily discovered that the machinery prepared
for that purpose might be advantageously applied to
other objects. The judges were, accordingly, em-
powered to hear and adjudicate on cases of insolvency
occurring within their respective districts. After some
time, the provisions of the 9th and 10th Victoria, cap.
95, were extended to debts, damages, and demands
not exceeding 501. In the early part of last session
a further extension Bill was introduced, by which it
was proposed to confer powers analogous to those of
Masters in Chancery, but the Chancellor, Master of
the Rolls, or any of the Vice-Chancellors might re-
fer inquiries to be taken before the county court
judge, who was also to be enabled to take pleas and
answers in matters pending in Chancery, and to ad-
minister oaths, &c. Although, as we have re-
cently stated, this measure did not become law, it
was merely because it was so long detained in the
House of Commons that there was not sufficient time
before the prorogation to enable their Lordshipa to
consider the various alterations and changes that had
been made during its progress through the Lower
House. There can be no doubt, however, that, in
addition to his other functions, the county court
judge will be constituted an officer of the Court of
Chancery, and that he will be compelled to under-
stand the principles and practice of equity.
He will thus have not only a common law and
equitable jurisdiction, but one also in cases of bank-
ruptcy and insolvency, and we should be by no means
•:swniehed if a crimirill jurisdiction in certain classes
of cases were added to the list. Nor will it step
there. The question may be pertinently asked,
" Why, if a person is competent to decide maters
amounting to 501., should he not be equaly
eompetrnt to adjudicate on matters of double,
quadruple, or even tenfold that amount ?" The
legal difficulty will be as great in one
case as the other. The judgment must be founded
on the same legal principles, and the result may be
us important to the parties litigants, for 501. may bear
as large a proportion to the entire fortune of one
suitor as 5001. may to another. It is impossible
to say where matters will stop. Many, persons, we
believe, anticipate the period, and that at no very
distant day, when all civil cases will be originated
before the local tribunals, and the superior courts only
resorted to for hearing appeals on legal points—all
questions of fact being concluded by the report of the
judge or verdict of the jury. Whether this will
occur or not, it is sufficient for the purposes of our
argument to say that it is by no means impossible.

How great then must be the qualifications of the
judges to whose bands such extensive powers are to
be entrusted! How varied must be his attainments,
how profound his learning, how vast his experience !
His judgments cannot possibly receive the same
publicity accorded to the proceedings in the superior
courts. One great check will thus be removed which
has hitherto prevented the formation of crude or
hasty judgments; and the other would be the presence
of a highly educated and well-informed Bar, who would
speedily detect any deficiency on the part of the pre-
siding judge. It must also be borne in mind that the
vast increase of duties, and those of such totally dif-
ferent descriptions, imposed on the judge, will pre-
vent the possibility of his practising as a barrister, or
having his intellect kept bright by frequent collision
with his forensic brethren at Westminster Hall.
He must devote himself altogether to his judicial
duties, and it is by no means improbable
that he may in many instances require the
assistance which competent advocates on either side
are enabled to afford to the bench d or, that if there
are none to detect his failures, that he may lapse into
habits of sloth and negligence, that would prove
highly prejudicial to the administration of justice.

But if the Bar is to be annihilated, as it must be if
attorneys may hold briefs from other attorneys, or even
persons who are neither barristers or attorneys may
be beard when they are not personally concerned,
where are persons to be found with the necessary
qualifications to constitute a sound and able judge?
Whence are the vacancies on the bench of justice,
either of the superior or inferior tribunal=, to be sup-
plied? Fur a few years this difficulty may not arise,
but it must come in time. The present generation
wilt pass away, no new corners will recruit the ranks
of the Bar. None will be mad enough to devote their
time, attention, and money to so hopeless a pursuit.
Not only will there be no check whatsoever on the
presiding judge, but he will necessarily be of an in-
ferior grade, and not competent to the discharge of
his multifarious and arduous duties—not competent,
we say, because however strong his natural intellect,
he cannot have acquired the "judicial mind," which
can only be attained by a tedious and laborious
process.

Before then it be decided that either branch of the
legal profession may be dispensed with, before the
functions of barristers and attorneys, which have
hitherto been kept totally distinct and separate, be
assimilated, let us ask, can we spare the Bar ? or
is it desirable that we should do so? Most decidedly
not. There is no person who has considered the sub-
ject, and who is qualified to come to a correct conclu
sion, who will not join in the opinion, that it is a
matter of the most vital importance to retain an in-
telligent, a learned, a high-minded, a fearless body,
who have ever constituted one of the strongest guaran-
tees for the liberty of the subject, and that any abridge-
ment of the independence of the Bar, or diminution of
that high sense of honour for which it has ever been
distinguished, would prove a national misfortune of
no ordinary magnitude.

Sir James Duke has left town for Germany.

PRIMROSE-BILL PARL.—Yestesday the Commis-
sioners of Woods and Forests issued instructions to fill up
the different hollows in Primrose-hill Park, in order that the
lower portion may be converted into a cricket-ground. A
spacious carriage drive has been formed from the Hampstead-
road through the grounds of Chalk-farm Tavern,. leading
into the Regent's-park and Camden-town. A number of
gravel walks have been laid down, and seats placed for the
accommodation of 'visitors. It is also intended to plant this
park with trees and shrubs similar to the enclosure in St.
James's-park. The park-keepers appeared yesterday in their
new uniform&

DEATH OP TOIL SPRING, OP THE CASTLE, HOL-
RORN.—Thomas Winter, who, upon his first appearance in
the pugilistic arena, adopted the name of Spring, as a nog'
de guarre, a practice by no means uncommon with actors on
another stags, is no more. After acute suffering from disease
of the heart, dropsy supervening from the impossibility of
taking active exercise, the worthy, manly, upright, mild,
brave, and urbane ex-champion expired yesterday morning
at a little before six.

1 Ho RIWASTLE GREAT HORSE FA1R........Y esterd ay
this fair, so celebrated for the extensive rupply and sale of
young valuable horses, terminated, greatly to the satisfaction
of a large class of breeders and dealers in horses. From the
commencement the trade was exceedingly brisk, and the
biddings and sales throughout have been marked by great
animation, and extraordinary high prices have b•en made of
young valuable horses of high blood. There was a nume-
rous attendance of small dealers from various counties at th
latter part of the fair, anticipating that from the great
n en
enui
rb ef ro
ro
purchasing
brought forward an oppori unity might
o
on sp. ciliation; but the range of prices
was such as to preclude the possibility of their uoing so, the
uhrcUrfing
greater part of high priced horses having gone into the hands
of the opulent dealer and jubmaster. Young cart horses
maintained high prices throughout the fair, ti e best making
60 guineas, and the Lest cart colts 30guineas each ; mid great
credit is due to the Suflulk breeders for the splendid horses
of the cart bread they exhibited at this fair. Horses aged and
inferior were not so well sold, and abatements were made to
effect sales. Small pooh a under duty were in great demand,
making from 101. to 154 each. The cattle fair commences
this day (Thursday),

LIVEBI 00L, WEDNESDAY.—The United States'
mail steam-snip Atlantic, Capt. West, sailed to-day for Di'ew
York with tho 0114 WILLIA.

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