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 A Century of English Judicature.

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A CENTURY OF ENGLISH JUDICATURE. II. BY VAN VECHTEN VEEDER. FROM THE REFORM BILL TO THE COMMON LAW PROCEDURE ACT. THE wave of reform precipitated by the Reform Bill stirred even the stagnant waters of the law. The Court of Exchequer Chamber was made a regular and permanent intermediate court of appeal from each of the superior courts of common law. The ancient and anomalous High Court of Dele gates, which had been established in the reign of Henry VIII to take up the appellate jurisdiction in ecclesiastical matters thereto fore exercised by the Pope, was at length abolished, and its appellate jurisdiction was conferred upon the judicial committee of the Privy Council, which was now made a defin ite and serviceable tribunal with a well-de fined jurisdiction. By the Uniformity of Pro cedure Act the concurrent jurisdiction of the three superior courts of common law was officially recognized and a central criminal court was established. The antiquated and cumbrous machinery of fines and recoveries was finally abolished, and a general bank ruptcy act ameliorated the condition of insolvent debtors. P>ut the movement in favor of legal reform was not widespread and comparatively little was accomplished. In fact, if the quarter century following the Reform I'ill can be called a distinct period, it is because it marks the rise and sway of the influence of Baron Parke in the common law courts. COMMON LAW COURTS. The King's Bench at the beginning of this period was still the ablest as well as the most prominent of the three courts of com mon law. Of the two chief justices during this time. Lord Denman (1832-50), the first was a great and good man, whose predis

position to individual liberties was a new departure in a chief of this court. His judg ment in Stockdale г: Hansard is a monument of learning and independence.1 Compared with his immediate predecessors he could not be called a great lawyer or a strong judge, but his high character and attractive personality won universal high esteem. "To have seen him on the bench, in the adminis tration of justice," said Charles Simmer, "was to have a new idea of the elevation of the judicial character." Campbell (1850-59), his successor, whose character is much less to be admired, sur passed him in learning and efficiency. With a strong intellect, wide knowledge and untir ing industry, Campbell made during his short term a lasting reputation.2 Of the most prominent puisnes of the court during this period, Littledale (1824-41), a learned but scholastic lawyer, held over from earlier time, and Parke (1828-34) spent 1 See also R. v. O'Connell, Cl. & F., 155, R. т. Milus, lo, do. 534; Wolveridge v. Steward, 3 L. J., Ex. 360; Neal v. Mackenzie, 6 do. 263; Nepean v. Knight, 7 do 335 i Muspratt v. Gregory, 7 do. 385; Rhodes v. Smethurst, 9 do. 330; Davies v. Lowndes, 12 do. 506; McCallum v. Mortimer, n do. 429. 2 Höchster v. De la Tour, 2 E. & В. 678: Queen v. Bedfordshire. 4 do. 535; Levy v. Green, 8 do. 575; Brass тр. Maitland, 6 do. 70; Humphries v. Brogden. 20 L. J., Q. B. 10; Harrison v. Bush, 25 do. 25; Wheelton i'. Hardisty, 26 do. 265; In re Alicia Race, 26 do. 169: Humfrey v. Dale, 26 do. 137; Thompson v. Hopper. 26 do. 18; Queen v. Munneley. 27 do. 345; Lewis ». Levy, 27 do. 282; Knight r. Faith. 19 do. 509; Morton v. Tibbett, 19 do. 382: De Haber v. Queen of Portugal, 20 do. 488; Shallcross v. Palmer. 20 do. 367; Boosey v. Jeffries. 20 do. 354; Lynch v. Knight. 9 H. L. Cas. 580: Gibson гг. Small, 4 do. 352; Brook v. Brook. 0 do 195.