BILLS DRAWN BY ONE PARTNER IN A FIRM CAUSE LISTS-(continued).

WITHOUT AUTHORITY. When a Court of equity After Trinity Term, 1854.
will order them to be delivered up, 353

Court of Chancery :
cases on this subject, ib.

Before the Lords Justices, 229
BILLS OF EXCHANGE GIVEN IN GAMBLING

Master of the Rolls, ib.
TRANSACTIONS, INJUNCTION TO RESTRAIN

Vice-Chancellor Kindersley,230
PROCEEDINGS IN. When it will be granted, 353

Stuart, ib.
when not, ib.

Wood, 231

Michaelmas Term, 1854.
cases on this subject, ib.
effect of 5 & 6 Will. 4, c. 41, ib.

Court of Chancery:

Before the Lord Chancellor, 412
BOURDIN, MR. M. A. Review of his Exposition of the

Lords Justices, ib.
Land Tax, its Assessment, &c., 270

Master of the Rolls, 413
BRITISH COMMONWEALTH, THE, OR A COM.

Vice-Chancellor Kindersley, ib.
MENTARY ON THE INSTITUTIONS AND

Stuart, ib.
PRINCIPLES OF THE BRITISH GOVERN.

Wood, 414
MENT. By H. Cox, M. A., Barrister at Law. Re-

Court of Queen's Bench, 415, 445
view of, 443.

Common Pleas, 415

Exchequer, ib.

After Michaelmas Term, 1854.
CALLS TO THE BAR.

Court of Chancery :
Hilary Term, 1854 :

Before the Lord Chancellor, 472
Lincoln's Inn, 31

Lords Justices, ib.
Inner Temple. ib.

Master of the Rolls, ib.
Middle Temple, ib.
Gray's Inn, ib.

Vice-Chancellor Kindersley, 473

Stuart, ib.
Easter Term, 1854:

Wood, 474
Lincoln's Inn, 152
Middle Temple, ib.

Hilary Term, 1855.
Inner Temple, ib.

Court of Queen's Bench, 523

Common Pleas, 524
Trinity Term, 1854 :

Exchequer, ib.
Lincoln's Inn, 208
Middle Temple, ib.

CHANCERYBAR, GENTLEMEN PRACTISING WITH.

IN THE, RESOLUTION OF, TO CONFINE
Inner Temple, ib.
Gray's Inn, ib.

THEMSELVES TO ONE COURT. Probable
Michaelmas Term, 1854 :

advantages of, 21
Lincoln's Inn, 455

necessity for paper of motions in the Rolls and before the
Middle Temple, ib.

Vice-Chancellors occasioned by, ib.
Inner Temple, ib.

reason for this, ib.
Gray's Inn, ib.

remarks on the existing system, ib.

difference between that and the one contended for, ib.
CAUSE LISTS:

inconvenience of, to suitors, ib.
Hilary Term, 1854.

expense of, 22
Court of Chancery :

supposed privilege of inner bar to move by seniority, ib.
Before the Lord Chancellor, 4

remarks upon, ib.
Lords Justices, ib.

it seems to have been confined to the Court of the Lord
Master of the Rolls, ib.

Chancellor, ib.
Vice-Chancellor Kindersley, ib. and is now abolished, ib.
Stuart, ib.

ought not to obstruct change contended for, ib.
Wood, 5

CHANCERY COMMISSIONERS, SECOND REPORT
House of Lords, session 1854; 42

OF, ON THE JURISDICTION IN TESTA.
After Hilary Term, 1854.

MENTARY MATTERS. Extracts from, 38
Court of Chancery :
Before the Lord Chancellor, 43

CHANCERY IMPROVEMENT ACT, SYSTEM OF
Lords Justices, ib.

TAKING EVIDENCE UNDER. Mistakes in, 29
Master of the Rolls, ib.

twofold character of, ib.
Vice-Chancellor Kindersley, ib.

as to the mode of taking evidence, ib.
Stuart, ib.

as to the machinery for taking it, ib.
Wood, 44

system of examiners, ib.
Easter Term, 1854.

mistake in practice in the, ib.

the system has signally failed, ib.
Court of Chancery :

it cannot be mended, ib.
Before the Lord Chancellor, 124

but must be abolished, ib.
Lords Justices, ib.

principles on which this subject should be regulated, ib.
Master of the Rolls, ib.

contested cases should not be determined on affidavits
Vice-Chancellor Kindersley,125

alone, ib.
Stuart, ib.

examination should be vivâ voce, ib.
Wood, ib.

and should be taken before the judge, ib.
Court of Queen's Bench, 126

objections to the mode of proceeding by affidavits, ib.
Common Pleas, 127

witnesses cannot be effectually cross-examined, ib.
Exchequer, ib.

illustrations of this, ib.
Trinity Term, 1854.

system of oral examination in causes and motions, 30
Court of Chancery :

comments upon, ib.
Before the Lord Chancellor, 178

advantages of, ib.
Lords Justices, ib.

expense of present system to suitors, ib.
Master of the Rolls, ib.

and delay, ib.
Vice-Chancellor Kindersley,179 | objections to viva voce system, ib.
Stuart, ib.

consideration of, ib.
Wood, ib.

expense to the country ought not to be considered, ib.
Court of Queen's Bench, 180

object of evidence is to arrive at truth, ib.
Common Pleas, ib.

it is to the interest of the public to have this attained,
Exchequer, ib.

although at increased cost, ib.

CHANCERY IMPROVEMENT ACT-(continued). | COMMISSIONERS APPOINTED, &c.—(continued).
observations on the 53rd and 31st sections of, 57

Elgie, F. T., Worcester, 59
nice distinctions as to supplemental matter, ib.

Holmes, J. D., Barnard Castle, ib.
these were meant to be got rid of, ib.

Lingard, R. B. M., Wath-upon-Dearne, 35
effect of the 53rd section is to retain them, ib.

Lovibond, H., Bridgewater, ib.
reason of this, ib.

Newill, R. D., Wellington, 92
supplemental bills will still be necessary, ib.

Peake, T. H., Worcester, 59
result of this, ib.

Plaskett, w., Gainsborough, 215
difficulties occasioned by, ib.

Rushton, T., Uttoxeter, 482
provisions of the 31st section as to mode of taking evi-

Simonds, R. W., Winchester, 186
dence orally, 58

Teale, T. G., Leeds, 92
question which has arisen on, ib.

Townsend, J., Birkenhead, 9
want of directions in the act as to, ib.

Welchman, R. F., Southam, 186
difficulty occasioned by, ib.

Welsby, W., Ormskirk, 482
how this is to be got over remains to be seen, ib.

COMMISSIONERS TO ADMINISTER OATHS IN
CHANCERY SITTINGS AT WESTMINSTER, IN-

CHANCERY, APPOINTED UNDER 16 & 17
CONVENIENCE OF. Remarks upon, 93

VICT. c. 78, IN 1854. Lists of, 9, 16, 23, 31, 39,
this was felt even under the old system of procedure, ib.

79, 88, 95, 107, 116, 127, 144, 159, 188, 217, 263,
it is much more felt now, ib.

270, 294, 368, 494
illustrations of the working of this system, ib.

COMMISSIONERS FOR CONSOLIDATING THE STA.
its effect on business at judges' chambers, ib.

TUTE LAWS. Appointment of, 294
supposed answer to this, ib.

COMMON-LAW PROCEDURE, PROPOSED ALTE-
effect of, on counsel, 94

RATIONS IN. Observations on, 85
particularly on draftsmen, ib.

actions for specific performance in courts of law, ib.
impossibility of settling drafts in court, ib.

equitable defences, ib.
what advantage attends this system, ib.

granting injunctions, ib.
it may be a convenience to a few leading counsel, ib.

changes likely to be produced in mode of procedure in
this is not to be compared with its inconvenience to the

Chancery, ib.
rest of the Profession, ib.

general observations on the causes which have led to these
argument from the prestige of Westminster, ib.

changes, ib.
this no longer exists, ib.

absurdity of the present system, ib.
the public business would be better transacted by means

it is tedious and expensive, ib.
of such a change, ib.

mode proposed is simpler, ib.
CHARITABLE AND RELIGIOUS PURPOSES, GIFTS and more expeditious, ib.

TO. Summary of the provisions of the proposed bill reform ought not to be one-sided, 86
to consolidate and amend the laws as to, 165

suitor ought in each court to be able to get complete
observations on, 165-167

justice, ib.
review of the provisions of, by a correspondent, 174

how this is to be effected, ib.
glaring faults in, ib.

principles on which these new powers ought to be admi.
instances of this, 174-176

nistered, ib.
these afford just ground of complaint, 176

COMMON-LAW PROCEDURE ACT, 1854. Review of
law of charitable Trusts stands in need of amendment, ib.

the provisions of, 301
but it is not to be accomplished by such a measure as as to the delivery of interrogatories requiring discovery,

this, ib.
CHARITABLE TRUSTS, BAR OF, BY THE STA. party refusing to make affidavit may, in certain cases, be
TUTE OF LIMITATIONS, 3 & 4 WILL. 4, c. 27.

compelled to appear as witness, ib.
Case of The Attorney-General v. Magdalen College,

provisions as to mandamus, ib.
Oxford, 167

proceedings by injunction under, ib.
decision in, ib.

cases to which they apply, ib.
principle of, ib.

principles on which the Courts will administer them, ib.
seems to involve the proposition that such trusts are not

provisions as to equitable defences, ib.
within the statute, ib.

they give Courts of law a strictly equitable jurisdiction,
review of cases on this point, 167-169
observations on, ib.

effect of these changes on the labours of the Bar, ib.
CIRCUITS OF THE JUDGES, 1854 :

effect of, as to the fusion of law and equity, ib.
Spring, 40

observations as to the effect of the 79th section, 337
Summer, 217

intended to include that class of cases called injunctions
CODIFICATION OF THE LAW. General remarks upon,

against wrongful acts of a special nature, ib.

subdivisions of this class, ib.
206

waste, ib.
difference between common and statute law as regards, ib.

copyright, ib.
views of Bentham, ib.

patents, ib.
views of Bacon, ib.
Bentham's inference from this, ib.

secret inventions, ib.

trade marks, ib.
examination of its accuracy, ib.

assurances, ib.
illustrations from Bacon's works, 207

breaches of contract which include breach of duty, ib.
his views as to the codification of the common law, ib.
method suggested by him for amending the records of

breaches of parliamentary powers, ib.
the common law, ib.

Courts of equity will still have concurrent jurisdiction, ib.

Courts of law will apply their jurisdiction on the same
conclusion, ib.

principles as Courts of equity, ib.
COLONIAL LEGAL APPOINTMENTS, THE ETI.

what these principles are, ib.
QUETTE OF. Petition to the Queen from Van plaintiff must be prepared to shew legal title, ib.
Diemen's Land as to, 522

instances of this, ib.
COMMISSIONERS APPOINTED FOR TAKING THE Court assumes the possibility of the plaintiff being wrong,
ACKNOWLEDGMENTS OF DEEDS TO BE

338
EXECUTED BY MARRIED WOMEN, 1854: consequences of this, ib.
Bayley, C., Torquay, 286

circumstances of both parties regarded, ib.
Cochrane, W., Grantham, 528

cases illustrative of this rule, ib.
Coleridge, F. J., Ottery St. Mary, 338

cases of patent right, ib.
Dalrymple, A., Norwich, 263

Court very careful in granting injunctions in, ib.

ib.

302

COMMON-LAW PROCEDURE ACT-(continued). CONSOLIDATION OF THE STATUTE LAWS, SE.
powers conferred by, on the Courts of common law, 338

COND REPORT OF THE COMMISSIONERS
granting discovery, 397

AS TO. Remarks upon, 52
summary of provisions as to, ib.

scheme for, ib.
stat. 1 Will. 4, c. 22, ib.

defects in, ib.
provisions of, incorporated with the new statute, ib.

illustrations of, ib.
observations on, ib.

it should be more scientific, ib.
cases in which depositions taken under may be used, ib. Mr. Ker's views on this subject, ib.
case of Whyman v. Garth, ib.

errors in, ib.
answers not evidence against co-defendant, ib.

mode in which a better plan might be carried out, ib.
discovery can be sought only from the party himself, ib. third report of the commissioners as to, 226
case of corporations, 398

suggestions as to the employment of a permanent board, id.
interrogatories to be addressed to an officer of, ib.

objections to, ib.
practical suggestions on this subject, ib.

answers by Mr. Ker, ib.
party interrogated must be liable to be examined as a wit consideration of these, 227
ness, ib.

principle on which a code should be framed, ib.
rule in equity, ib.

remarks on the papers in the appendix, 228, 229, 238
order for delivery of interrogatories must be obtained on further review of, 248
summons, ib.

subject concluded, 254
mode of making application, ib.

general remarks upon, 255
preparation of interrogatories, ib.

CONSTRUCTION OF STATUTES, RULES FOR THE.
will require great care, ib.

Mr. Brickdale's views as to, 238
how they should be framed, ib.

remarks upon, ib.
parties not bound to answer questions tending to crimi. Mr. Anstey's views as to, 239
nate, ib.

they go beyond those of his colleague, ib.
rule in cases of fraud, ib.

CONVEYANCING CHARGES, PROPOSAL TO TAX
forms of interrogatories, ib.

THEM ON THE QUANTUM MERUIT. Remarks
how the answers to, should be framed, ib.

upon, 121
provisions of, as to mandamus, 409

taxing master should be a person of skill and experience, ib.
proceedings as to, simplified by, ib.

change would not work well under the present system, ib.
new jurisdiction to be exercised by, ib.

this mode of charging of little importance to the Profes-
language of the act as to, ib.

sion, 122
remarks upon, ib.

reason for this, ib.
specific performance, ib.

importance of, to the public, ib.
provisions as to, ib.

illustrations of this, ib.
writ may be claimed in either of the courts, ib.

difficulty of working the new system, ib.
to what duties it refers, ib.

counsel must mark their own fees, ib.
questions mooted on this subject, ib.

objections to this, ib.
observations on, ib.

if proposal should come into operation, counsel will aid
plaintiff must be personally interested, ib.

in giving effect thereto, ib.
does this apply to parties suing en autre droit, ib.

CORONERS' INQUESTS, PROCEEDINGS AT. Re.
discretion in awarding peremptory writ, 410

marks upon, 269
how it will be exercised, ib.
suggestions as to forms to be used in this proceeding, ib.

recent case of impropriety of, ib.

nature and province of this court, ib.
further observations on the proceeding to obtain specific

it is permitted to lower the administration of justice in
performance under, 497

the eyes of the public, ib.
limited operation of the provisions as to, ib.

circumstances to which this evil is attributable, ib.
remarks on this subject, ib.

general observations on the office of coroner, ib.
extracts from the edition of the act by Holland & Chand-
less as to, 497, 498

antiquity of, ib.
observations on the new forms issued under, 498

his ancient duties, 270

they have fallen into disuse, ib.
equitable defences under, ib.

how elected, ib.
case of The Mines Royal Societies v, Magnay, ib.

qualification of, ib.
rule laid down in, ib.

his court is public, ib.
facts constituting the equitable defence must be such as to

coroner may exclude the public, ib.
entitle the defendant to a perpetual injunction to

but it must be for just cause, ib.
restrain the action, ib.

coroners' juries, ib.
remarks upon, ib.
provisions of sect. 86 of the act, ib.

need not have any property qualification, ib.

standard of, generally too low, ib.
new forms of proceedings under, 466–471

evil effects of this, ib.
COMPENSATION CASES, SHERIFF'S JURISDIC. instances of, ib.

TION IN THE ASSESSMENT OF DAMAGES I CORRECTION OF ERRORS IN THE RECORD OF
IN. Remarks upon, 150

THE SPECIFICATION OF A PATENT. Prac.
CONCISENESS OF STYLE IN THE LANGUAGE OF

tice as to, 278
STATUTES. Mr. Brick dale's remarks upon, 239

review of cases, ib.

Rubery's case, ib.
observations on, ib.

Dismore's case, ib.
CONCURRENT CLAUSE IN THE COUNTY COURTS distinction between these and cases under the 5 & 6
ACT, DISTANCE WITHIN WHICH IT OPE.

Will. 4, c. 83, ib.
RATES. How to be measured, 173

CORRESPONDENCE:
review of cases, ib.

letler as to a decision of the Lord Chancellor in a case of
rule deducible therefrom, 174

In re Clerks of Records and Writs Oaths in
CONFESSION; NATURE OF THREAT OR INDUCE.

Chancery Act, 22
MENT UNDER WHICH IT IS MADE. Rule as

remarks upon, 23
to, 65

letter of "w. A.” as to casus omissus in the Succession

Duty Act, 59
case of Reg. v. Sleeman, ib.

letter of "T. J. B." as to article on Westminster In-
case of Reg. v. Luckhirst, ib.

provement Bonds, 79
CONSOLIDATING THE STATUTE LAWS, COMMIS. letter of " A Barrister" on the income tax, 136
SIONERS FOR. Appointment of, 294

letter of “ T." as to the county courts, 143