and is now abolished, ib.

ought not to obstruct change contended for, ib.

CHANCERY COMMISSIONERS, SECOND REPORT
OF, ON THE JURISDICTION IN TESTA-
MENTARY MATTERS. Extracts from, 38

CHANCERY IMPROVEMENT ACT, SYSTEM OF
TAKING EVIDENCE UNDER. Mistakes in, 29
twofold character of, ib.

as to the mode of taking evidence, ib.
as to the machinery for taking it, ib.
system of examiners, ib.

mistake in practice in the, ib.

the system has signally failed, ib.

it cannot be mended, ib.

but must be abolished, ib.

dence orally, 58

question which has arisen on,

ib.

want of directions in the act as to, ib.
difficulty occasioned by, ib.

how this is to be got over remains to be seen, ib.
CHANCERY SITTINGS AT WESTMINSTER, IN-
CONVENIENCE OF. Remarks upon, 93

this was felt even under the old system of procedure, ib.
it is much more felt now, ib.

illustrations of the working of this system, ib.

its effect on business at judges' chambers, ib.
supposed answer to this, ib.

effect of, on counsel, 94

particularly on draftsmen, ib.

impossibility of settling drafts in court, ib.

what advantage attends this system, ib.

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

this is not to be compared with its inconvenience to the
rest of the Profession, ib.

argument from the prestige of Westminster, ib.
this no longer exists, ib.

the public business would be better transacted by means
of such a change, ib.

CHARITABLE AND RELIGIOUS PURPOSES, GIFTS
TO. Summary of the provisions of the proposed bill
to consolidate and amend the laws as to, 165
observations on, 165-167

review of the provisions of, by a correspondent, 174
glaring faults in, ib.

instances of this, 174-176

these afford just ground of complaint, 176

law of charitable trusts stands in need of amendment, ib.
but it is not to be accomplished by such a measure as
this, ib.

CHARITABLE TRUSTS, BAR OF, BY THE STA-
TUTE OF LIMITATIONS, 3 & 4 WILL. 4, c. 27.
Case of The Attorney-General v. Magdalen College,
Oxford, 167

decision in, ib.

principle of, ib.

seems to involve the proposition that such trusts are not
within the statute, ib.

review of cases on this point, 167-169

COMMISSIONERS APPOINTED, &c.-(continued).

Elgie, F. T., Worcester, 59

Holmes, J. D., Barnard Castle, ib.

Lingard, R. B. M., Wath-upon-Dearne, 35
Lovibond, H., Bridgewater, ib.

Newill, R. D., Wellington, 92

Peake, T. H., Worcester, 59
Plaskett, W., Gainsborough, 215
Rushton, T., Uttoxeter, 482
Simonds, R. W., Winchester, 186
Teale, T. G., Leeds, 92
Townsend, J., Birkenhead, 9
Welchman, R. F., Southam, 186
Welsby, W., Ormskirk, 482

COMMISSIONERS TO ADMINISTER OATHS IN
CHANCERY, APPOINTED UNDER 16 & 17
VICT. c. 78, IN 1854. Lists of, 9, 16, 23, 31, 39,
79, 88, 95, 107, 116, 127, 144, 159, 188, 217, 263,
270, 294, 368, 494

COMMISSIONERS FOR CONSOLIDATING THE STA-
TUTE LAWS. Appointment of, 294

COMMON-LAW PROCEDURE, PROPOSED ALTE-
RATIONS IN. Observations on, 85

actions for specific performance in courts of law,
equitable defences, ib.

granting injunctions, ib.

ib.

changes likely to be produced in mode of procedure in
Chancery, ib.

general observations on the causes which have led to these
changes, ib.

absurdity of the present system, ib.
it is tedious and expensive, ib.
mode proposed is simpler, ib.

and more expeditious, ib.

reform ought not to be one-sided, 86

suitor ought in each court to be able to get complete
justice, ib.

how this is to be effected, ib.

principles on which these new powers ought to be admi-
nistered, ib.

COMMON-LAW PROCEDURE ACT, 1854. Review of
the provisions of, 301

as to the delivery of interrogatories requiring discovery,
ib.

party refusing to make affidavit may, in certain cases, be
compelled to appear as witness, ib.

provisions as to mandamus, ib.
proceedings by injunction under, ib.
cases to which they apply, ib.

principles on which the Courts will administer them, ib.
provisions as to equitable defences, ib.

they give Courts of law a strictly equitable jurisdiction,

302

his views as to the codification of the common law, ib.
method suggested by him for amending the records of
the common law, ib.

principles as Courts of equity, ib.

what these principles are, ib.

plaintiff must be prepared to shew legal title, ib.
instances of this, ib.

Court assumes the possibility of the plaintiff being wrong,

338

CORRESPONDENCE-(continued).

letter of" A County Court Judge' in answer to, 151
letter of "T." in reply, 158

letter of "G. J. Philip Smith" as to receipt stamps, 151
letter of "A Country Solicitor" as to costs of paying off
a mortgage, 176

letters of "J. B. H." as to county courts and superior
courts' judgments, 176, 229

letter from "A Constant Reader" on the same subject,
186

letter of "T. S." as to the archdeacon of Middlesex and
the churchwarden of St. Paul's, Knightsbridge,

215

letter of "A Solicitor" on the consolidation of the stamp
laws, 430

letter of "Orientalis" on justice in Turkey, 514
"COST-BOOK PRINCIPLE;" QUESTION OF ITS
APPLICABILITY TO COMPANIES ESTA-

COUNTY COURTS ACT-(continued).

object of the stipulation as to distance in these cases, 174
application of this to the case in question, ib.
rule in settlement cases, ib.

illustration of this, ib.

case of Reg. v. Saffron Walden, ib.
other cases under statutes, ib.
question not free from difficulty, ib.
rule suggested by the authorities, ib.

COUNTY COURTS AND SUPERIOR COURTS' JUDG-
MENTS. Letters of "J. B. H." as to, 176, 229
letter from "A Constant Reader" on the same subject,
186

COUNTY COURTS COMMISSION, ANSWER TO
THE FIFTY-SEVENTH QUERY OF, BY A
COUNTY COURT JUDGE. As to amending
statutes, 94

as to amending rules, 95
general suggestions, ib.

On the importance of, 505

it has not been judicially decided, ib.

practice on this subject, ib.

arguments and opinions as to, ib.

weight of, is in favour of the practice, ib.

objections as to, ib.

mode in which money lenders take advantage of this, ib.
should the law be allowed to remain in this state, ib.
how is the evil to be remedied, ib.

COUNTY COURTS ACT, CONCURRENT CLAUSE

IN. How the twenty miles mentioned in, are to be
measured, 173

recent case of Stokes v. Grissell, ib.

point not expressly decided in, ib.

measurement should be by the nearest route, ib.

rather than by a direct line, ib.

grounds of this opinion, ib.

reasons on which the clause is founded, ib.

new rule in cases of insolvency, ib.

COURT OF PASSAGE OF THE BOROUGH OF LI-
VERPOOL. Order in Council of the 27th November,

1854, as to, 500

COURT PAPERS:

Equity Sittings, Hilary Term, 1854.

Before the Lord Chancellor, 3

Lords Justices, ib.

Master of the Rolls, ib.

Vice-Chancellor Kindersley, ib.

Stuart, ib.
Wood, ib.

CUSTODY OF TITLE DEEDS, RIGHT OF THE
PURCHASER OF THE LARGEST LOT TO.
Remarks on the usual condition of sale as to, 262
case of Griffiths v. Hatchard, ib.

interpretation of that condition given therein, ib.
observations on, ib.

it does not appear to be well considered, ib.
meaning of the word "largest" in such cases, ib.

illustrations of, ib.

remarks as to the convenience of the decision in question,
263

conclusion, ib.

DAMAGES AWARDED TO THE SUCCESSFUL
PARTY IN AN ACTION. Interesting questions
which arise as to, 101

do not depend on technical grounds, ib.

object is the giving of redress for a specific injury, ib.
nice discrimination required in, ib.

recent case of Hadley v. Baxendale, ib.
facts of, ib.

judgment of the Court of Exchequer, ib.
rule laid down in, 102

instances of the application of, ib.

its effect in limiting the liability of certain parties, ib.
principle adopted by, ib.

it is not unreasonable, ib.

illustrations of this, ib.

its effect on previous decisions, ib.

must overrule some of them, ib.

instances of this, ib.

cases which it will not affect, ib.

its effect in cases where the damages are increased by
matter subsequent to the contract, ib.