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).

observations on the 53rd and 31st sections of, 57
nice distinctions as to supplemental matter, ib.
these were meant to be got rid of, ib.
effect of the 53rd section is to retain them, ib.
reason of this, ib.
supplemental bills will still be necessary, ib.
result of this, ib.
difficulties occasioned by, ib.
provisions of the 31st section as to mode of taking evi-

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

observations on, ib.
CIRCUITS OF THE JUDGES, 1854 :

Spring, 40

Summer, 217
CODIFICATION OF THE LAW. General remarks upon,

206
difference between common and statute law as regards, ib.
views of Bentham, ib.
views of Bacon, ib.
Bentham's inference from this, ib.
examination of its accuracy, ib.
illustrations from Bacon's works, 207
his views as to the codification of the common law, ib.
method suggested by him for amending the records of

the common law, ib.
conclusion, ib.
COLONIAL LEGAL APPOINTMENTS, THE ETI.

QUETTE OF. Petition to the Queen from Van

Diemen's Land as to, 522
COMMISSIONERS APPOINTED FOR TAKING THE

ACKNOWLEDGMENTS OF DEEDS TO BE
EXECUTED BY MARRIED WOMEN, 1854:

Bayley, C., Torquay, 286
Cochrane, W., Grantham, 528
Coleridge, F. J., Ottery St. Mary, 338
Dalrymple, A., Norwich, 263

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, ib.
equitable defences, ib.
granting injunctions, 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
effect of these changes on the labours of the Bar, ib.
effect of, as to the fusion of law and equity, ib.
observations as to the effect of the 79th section, 337
intended to include that class of cases called injunctions

against wrongful acts of a special nature, ib.
subdivisions of this class, ib.
waste, ib.
copyright, ib.
patents, ib.
secret inventions, ib.
trade marks, ib.
assurances, ib.
breaches of contract which include breach of duty, ib.
breaches of parliamentary powers, ib.
Courts of equity will still have concurrent jurisdiction, ib.
Courts of law will apply their jurisdiction on the same

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
consequences of this, ib.
circumstances of both parties regarded, ib.
cases illustrative of this rule, ib.
cases of patent right, ib.
Court very careful in granting injunctions in, ib.

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,

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.
discretion in awarding peremptory writ, 410

CORONERS' INQUESTS, PROCEEDINGS AT. Re.
how it will be exercised, ib.

marks upon, 269

recent case of impropriety of, ib.
suggestions as to forms to be used in this proceeding, ib.
further observations on the proceeding to obtain specific

nature and province of this court, ib.

it is permitted to lower the administration of justice in
performance under, 497
limited operation of the provisions as to, ib.

the eyes of the public, ib.
remarks on this subject, ib.

circumstances to which this evil is attributable, ib.
extracts from the edition of the act by Holland & Chand.

general observations on the office of coroner, ib.
less as to, 497, 498

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

his ancient duties, 270
equitable defences under, ib.

they have fallen into disuse, ib.

how elected, ib.
case of The Mines Royal Societies v, Magnay, ib.
rule laid down in, ib.

qualification of, ib.
facts constituting the equitable defence must be such as to

his court is public, ib.
entitle the defendant to a perpetual injunction to

coroner may exclude the public, ib.

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

coroners' juries, ib.

need not have any property qualification, ib.
provisions of sect. 86 of the act, 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 CORRECTION OF ERRORS IN THE RECORD OF
IN. Remarks upon, 150

CORRESPONDENCE-(continued).

COUNTY COURTS ACT-(continued).
letter of “ A County Court Judge" in answer to, 151

object of the stipulation as to distance in these cases, 174
letter of “T." in reply, 158

application of this to the case in question, ib.
letter of “G. J. Philip Smith" as to receipt stamps, 151 rule in settlement cases, ib.
letter of “ A Country Solicitor" as to costs of paying off illustration of this, ib.
a mortgage, 176

case of Reg. v. Saffron Walden, ib.
letters of “J. B. H.” as to county courts and superior other cases under statutes, ib.
courts' judgments, 176, 229

question not free from difficulty, ib.
letter from “ Å Constant Reader" on the same subject, rule suggested by the authorities, ib.

186
letter of “T. S.” as to the archdeacon of Middlesex and COUNTY COURTS AND SUPERIOR COURTS’JUDG.
the church warden of St. Paul's, Knightsbridge,

MENTS. Letters of “ J. B. H.” as to, 176, 229
215

letter from "A Constant Reader" on the same subject,
letter of “ R." as to the case of Vaughan v. Vanderstegen,

186
279

COUNTY COURTS COMMISSION, ANSWER TO
letter of " A Solicitor" on the consolidation of the stamp THE FIFTY-SEVENTH QUERY OF, BY A
laws, 430

COUNTY COURT JUDGE. As to amending
letter of “ Orientalis” on justice in Turkey, 514

statutes, 94
“ COST-BOOK PRINCIPLE;" QUESTION OF ITS as to amending rules, 95

APPLICABILITY TO COMPANIES ESTA. general suggestions, ib.
BLISHED IN THIS COUNTRY FOR THE COUNTY COURTS REGISTRY. Reduction of fees, 474
WORKING OF MINES SITUATE ABROAD.
On the importance of, 505

new rule in cases of insolvency, ib.
it has not been judicially decided, ib.

COURT OF PASSAGE OF THE BOROUGH OF LI.
practice on this subject, ib.

VERPOOL. Order in Council of the 27th November,
arguments and opinions as to, ib.

1854, as to, 500
weight of, is in favour of the practice, ib.
objections as to, ib.

COURT PAPERS :
it is regarded as a local custom, ib.

Equity Sittings, Hilary Term, 1854.
this objection tested, ib.

Before the Lord Chancellor, 3
examination of the nature of these companies, ib.

Lords Justices, ib.
antiquity of, ib.

Master of the Rolls, ib.
principle of, not easily defined, ib.

Vice-Chancellor Kindersley, ib.
important features of, ib.

Stuart, ib.
what the “ cost-book" contains, ib.

Wood, ib.
customs of the stannaries as to, ib.

Equity Sittings after Hilary Term, 1854.
extent to which it has been adopted, 506

Before the Lord Chancellor, 40
stannary courts, ib.

Lords Justices, ib.
statutes confirming them, ib.

Master of the Rolls, 41
provisions of, ib.

Vice-Chancellor Kindersley, ib.
legality of the principle recognised, ib.

Stuart, ib.
provisions of the Winding-up Act, 1849, as to, ib.

Wood, 42
constitution of, would seem to be legal, ib.

Equity Sittings, Easter Term, 1854.
if this be so, why should it be confined within certain

Before the Lord Chancellor, 115
limits, ib.

Lords Justices, ib.
observations on this question, ib.

Master of the Rolls, ib.
advantages of, ib.

Vice-Chancellor Kindersley, ib.
privileges which it does not confer, ib.

Stuart, ib.
how these are to be obtained, ib.

Wood, ib.
COSTS OF PAYING OFF A MORTGAGE. Letter of

Common-law Sittings in and after Easter Term, 1854.
" A Country Solicitor'' as to, 176

Court of Queen's Bench, 126

Common Pleas, ib.
COUNTY COURT JUDGES, STAMPS ON THE AP.

Exchequer, ib.
POINTMENTS OF. Decision of the law officers Equity Sittings, Trinity Term, 1854.
that they are unnecessary, 156

Before the Lord Chancellor, 177
COUNTY COURTS. Letter of " T." as to, 143

Lords Justices, ib.
letter of “A County Court Judge' in answer to, 151

Vice-Chancellor Kindersley, ib.
letter of “T." in reply, 158

Stuart, ib.

Wood, 178
COUNTY COURTS, ACTIONS BY MONEY LENDERS
IN. Observations on, 176

Common-law Sittings in and after Trinity Term, 1854.

Court of Queen's Bench, 178
exemption of promissory notes for sums under 40s. from

Common Pleas, ib.
the usury laws, ib.

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

Equity Sittings after Trinity Term, 1854.

Before the Lord Chancellor, 215
how is the evil to be remedied, ib.

Lords Justices, ib.
COUNTY COURTS ACT, CONCURRENT CLAUSE

Master of the Rolls, 216
IN. How the twenty miles mentioned in, are to be

Vice-Chancellor Kindersley, ib.
measured, 173

Stuart, ib.
recent case of Stokes v. Grissell, ib.

Wood, ib.
point not expressly decided in, ib.

Equity Sittings, Michaelmas Term, 1854.
measurement should be by the nearest route, ib.

Before the Lord Chancellor, 411
rather than by a direct line, ib.

Lords Justices, ib.
grounds of this opinion, ib.

Master of the Rolls, 412
reasons on which the clause is founded, ib.

Vice-Chancellor Kindersley, ib.
analogous cases, ib.

Stuart, ib.
case of Leigh v. Hind, ib.

Wood, ib.
facts of, ib.

Common-law Sittings, Michaelmas Term, 1854.
rule laid down in, ib.

Court of Queen's Bench, 414
case of Atkyns v. Kinnear, ib.

Common Pleas, ib.
rule in Leigh v. Hind recognised in, ib.

Exchequer, 414, 415