New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-27

q Tie lGti bLt !t-41 Low 80
tior q many @. t.c oa'w"rhs "i IT, STOUT u-s-'''
IN c.t &, OF orn,hl Iof'. b" tnt"Al
Au,ry the nos, iupor5.lt 70 n er"ep Of ren'e'-
changes iu re depart u@nt If ire
81. ,loi,. iutGiiance al Nlrnao Juri-''' an1
= -. -,l,oe ,, England ri toe Norman ffeo'h
-, Tt.te.rl-s, witnessed be 7enov ltoa Ind
c,r.,Idstcu Of the Gecay'd o'd C"'n'! "hn SO ''
C,urt.. Their general juusdicron "4s extern i 70
p.f,er. invoking 10 more tIsa - Il''e i'; "
,rts date back rom fhe earlert saxon TIN g. ana
,cre tie Caueutst were the superior Courts o. tNe
r,.,-, lut fIrre tie establishment OF the CoHct o.
Lir,'s EeLeh ty william the B--fari. they have
te.p and are .,l mere Inferior Cart, oTefFidien
" tlecentr lied juGcatures that sit u London ,tA'
KINGS Rtrcb Common Pe1s auh EN-hrquer) 10
which alone the te III of Su,eior Courts OF Tom
..po,, Law !. applied. The first exPerm nj vas
,,iueuily succt ssiui greatproportlonoi the small
or bu,ues ct once left the Superior Courts bur ''ii'
thu. courts refused to reoru Themselves. Parliament
r. solved ~ extend tie County Court ten
e,l Jur,.dictiou 70 fj and Ibis or lnted in tue
year Is5o together With a clause Of unlimited jhrl-
drtion By consent both parties. Ii Only thea
that the Superior Courts ACCUSED themselves TO a
sense Of their danger; they they were under
mined nd submitted TO the issuing 'f royal COM
mission for their reform. This concession las since
enabled them g. resi-; every subsequent proposition
for iutber enarepg tte general jurisdiction OF their
rivals. he County Courts. though every session OF
Permanent adds something tieir Incidental AL
slocisl jurisdictions.
III. eject Of rhe new extension Of the County
Court. was iuFtautsneous. Before tie end OF the
yesr 1851 tie three Superior Courts bad worked
down al their srrrlrs "a thing before uuhnowh 10
TIE udicsl history d England There was hardi5
enough business left 70 keep them oecenty At work.
In this year the oxford Circuit found that % one
a,izt town there the large amount OF tee eases
mt Down Tor tlia, and auxiousy loOAmg back Two
e. nturcs to the times of the Commonwealth di-c'y-
e1ed tlst tie Oxford Circuit OF shat day had the an
pie allon auce Of ~ cases TO employ itself
Bat the Bar NUT live. sni what became OF them
Nsny an a,plDg Junior keeping sheep IN the
Au,ti6iaI tuab, or crcuiiuC up the Murray River
Tie Commissioners Grst batch Of recommendations,
(rel,tiug to proceedings before going 20 trial with
,ou. MOO ifcatious Leranic law cn November /, l-2
1ltn were abolished all forms o personal actions and
Join Doe auc Iicharo Roe. in the sole remaining
fIm OF real actions became his odc characters IAd'
naIy Il the choice b,qUests oi Norman jurisprudence
were swept away. Tue recommendations appended ~
tie CouIteioueIs second report are nO~ before Ear
lament. Thus. them 1t appears that since $40 the
local Saxon udicaiures Of E0gsni have been extend
irc and ttose of Westminster Hall falling into com
parave decline. Tie effects both of the formidable
rivalry of the County Courts and OF the internal re-
frns that are forced upon the Superior Courts tend
10 one result the bre hing up aud auiagamrtils OF
tie two csstcs into which the legal profession is III
yided in England-tte barrister and the attorney.
1t may be said that in the County Courts the barfl'-
ter hos RICH, Of preaudeuce over the attorney ami
in fact ninety five per cent Of the pleading IL open
court is done 10y attorneys.
Tuning from tle Common Law Courts Ia those OF
tie civil law thatis to say, the Ecclesiastical Courts
We observe ibe same phenomena. Every reader Oi
DAVID Coppericld knows how three years and nall
ago that unackuOWl-d .ed legislator Charles Di *
ar sook the sides or the civilized weird WITH laughter
- j. picture OF Doctors Commons it is, and 10
lelc ~ tie present session Of Parliament fin the
Lo1d Chancellor bringing in bill which meets with
10 oIpceitiou to transfer the tctnmeDary ursdc ION
over wills o. personal estate Do@ Possessed by the
Ecclesiastical and DiocrGan Courts OF the realm to
tie Court Of CHANGER! sGme tesamentary juris-
dicrion C.. common form and solemn form y forming
desc Ecclesiastical aid Diocesan Courts William
tie Bastard and it formed great part of his grand
scheme tor tie harmonious working of Church aud
State. The Court Of CHANGER! on The other hand
rose into importance with the rise OF the middle
clasees but the learned Civilians Doctors and
Pr ctris, whose occupation vii, soon he gone. who
ore they The modern representatives OF the In
iI,ncs and the mopkclerks Of Norman Importation.
This epoch. which is NOW witnessing the breaking
Up OF The NoImsn system of jurisprudence, Is Only
coutihuiIg tie wort Of previous PERIOD, similarly
characterize, namely, O,"l, l-I,) the era OF the
Reform bill and popular agitation. That preyiOu,
epoch also witnessed the issuing of two Royal Com-
nisson of lpqaiy. II was then that al forms Of
rel sections with their Norman Daules except the
action Of eitctmtu'. were abolished. Fines and re-
covcIies were superseded by simpler and less OBJ
stTuse modes Of convey ance, and the .w relating
the Transfer Of real estate considerably simpuG-d.
Earlier shll the Reforms of SIR mue Romlly
in tie department Of the criminal law which.
amcng other ameoration.. put on end to Capital
Tunlshmtnt for the inlracton 10y Saxon peasants Of
Norman Game laws, were fret step in the same
direction.
Such are the evidences Of the Disappearance Of
Norman ussg,s and institutions to be found in the
department Of the law; ant We presume that the
sane rhtIcmeua may also be discovered in other
spheres of the ue'ioral lie OF Great Britain.
CAssiUS NJ. CLAY A4s been doing a good work
through Illinois and al few points We wish they had