upon, 29 DISCOVERY, POWER CONFERRED ON COURTS EQUITABLE DEFENCES, &c.-(continued). OF COMMON LAW BY COMMON LAW PRO. remarks upon, 498 EQUITY OF WIFE AGAINST HER HUSBAND'S AS. SIGNEE FOR VALUE. Review of cases as to, 134 ETIQUETTE OF COLONIAL JUDICIAL APPOINT- MENTS. Petition to the Queen from Van Diemen's Land as to, 522 EVIDENCE IN CHANCERY, METHOD OF TAKING ORALLY, PROVISIONS OF THE 15 & 16 VICT. c. 86, s. 31, AS TO. Remarks upon, 58 question which has arisen as to, ib. want of directions in the act, ib. difficulty occasioned by, ib. difficulty of overcoming this, ib. EVIDENCE IN CHANCERY, MISTAKES IN THE PRESENT SYSTEM OF TAKING. Remarks failure of, ib. impossibility of improving, ib. principles by which this subject ought to regulated, ib. objections to the present system, ib. advantages of oral examination, 30 objections to, ib. consideration of, ib. on the same subject, 122-124 on the necessity for the examiner taking down the evi. dence personally, 277 UNDER THE COMMON-LAW PROCEDURE ACT, 1854. Remarks upon, 453 454 THE PUBLIC, FOR HILARY TERM, 1854. Award of the council, 16 for Trinity Term, 1854; rules for, 86 award of the council, 186 for Michaelmas Term, 1854 ; rules for, 302 award of the council, 431 IN MATRIMONIAL AND TESTAMENTARY EXAMINER OF THE COURT OF CHANCERY. On CAUSES. Proposed transfer of, to the civil courts, 30 the rule that the evidence taken before, must be taken down by him personally in writing, 277 provisions of the 15 & 16 Vict. c. 86, s. 32, ib. statute ought to be amended, ib. inconvenience of, ib. instance of this, ib. what advantage is there in the practice, ib. great point to be secured in the mode of taking evi- dence, ib. under the present system this can only be imperfectly accomplished, ib. remarks on this subject, 278 recommendations as to, ib. evidence should be taken down by some one agreed on between the parties, ib. EXAMINERS IN CHANCERY, SYSTEM OF TAKING EVIDENCE BY. Remarks on the failure of, 29 reasons in favour of vivâ voce examination before a judge, 29, 30 objections to present mode, 122, 123 remedy for, 123 objections to, ib. answers to these, 123, 124 recommendations on this subject, 124 on the necessity for the examiners taking down the evi- dence personally, 277 MENT, COLLECTION, &c. By M. A. Bourdin. Review of, 270 FEES OF CONVEYANCERS, PROPOSAL TO TAX, ON THE QUANTUM MERUIT. Remarks on, 121 not of much importance to the Profession, 122 FEES OF CONVEYANCERS, &c.—(continued). FUSION OF LAW AND EQUITY, &c.-(continued). partnership, 441 administration of assets, ib. and of the estates and persons of lunatics, ib. together with the duties of guardian or trustee, 442 there is no reason for not extending the fusion, ib. Court of Chancery might cease to exist as a separate jadi. cial establishment, ib. this must follow, ib. common law must be reformed, ib. spirit in which this must be done, ib. fusion is only one instalment of law reform, ib. numerous courts of limited jurisdiction must be abolished, ib. effect of these, ib. all the cases administered by, fall within the province of the common-law judge, ib. benefits of their being intrusted to him, ib. establishment of a single system would lead to amendment of the law, ib. conclusion, ib. AFFECTED BY, ACTIONS UPON. When in. junction will be granted to restrain, 353 when not, ib. cases on this subject, ib. effect of 5 & 6 Will. 4, c. 41, ib. GENERAL RULE OF THE COURTS OF COMMON LAW, MICHAELMAS VACATION, 1854; 466 MARRIED WOMAN TO CHARGE PROPERTY issue of fact to be tried by a judge without a jury, ib. subpæna thereon, ib. posteas thereon, 466, 467 judgment for the plaintiff, 467 execution thereon, ib. matters of account, ib. arbitrator, officer of the court, or county court judge, ib. special case for the opinion of the Court, under sect. 4 of the Common-law Procedure Act, 1854, ib. issue to be tried by a jury where the court or a judge has directed it under that section, ib. special case stated by an arbitrator under sect. 5 of the judgment thereon, ib. postea where the judge directs an arbitration as to part of the claim, under sect. 6 of the act, ib. writ of habere facias possessionem on a rule to deliver possession of land pursuant to an award, ib. judgment for the plaintiff on a special case stated under sect. 32 of the act, ib. judgment of affirmance by the Court of error in the Ex- chequer Chamber on a special case, ib. judgment of reversal in the like case, 469 judgment of Court of appeal in the Exchequer Chamber on a disposal of the appeal in the plaintiff's favour, when judgment had been given for him in the court below, under the 41st and 42nd sections of the act, ib. fi. fa. against a garnishee under the 63rd section of the act, where debt not disputed or garnishee does not ca. sa. in like cases, ib. writ against garnishee to shew cause why the judgment creditor should not have judgment against him for the debt disputed by him, ib. declaration thereon, 470 plea thereto, ib. issue thereon, ib. postea thereon, ib. judgment for the plaintiff therein, ib. fi. fa. therein, ib. ca. sa, therein, ib. judgment for the plaintiff after verdict that a mandamus do issue under sect. 71 of the act, ib. act, ib. upon, 246 appear, ib. on, 441 GIFTS TO CHARITABLE AND RELIGIOUS PUR-INJUNCTIONS AGAINST, &c.—(continued). POSES, PROPOSED BILL TO CONSOLIDATE plaintiff must be prepared to shew title, 337 Court always assumes that plaintiff may be wrong, 338 circumstances of both parties regarded, ib. STATE OF THE LAW AS TO, UNDER 2 & 3 illustrations of this rule, ib. WHEN THE PROSECUTION OF THE ACTION WOULD BE INEQUITABLE. Practical proposi. tions as to, 353 rules as to, ib. bills given in gambling transactions, ib. Court will not always interfere in, ib. cases in which it will not, ib. authorities on this subject, ib. case of bills drawn by one member of a firm without au- thority, ib. when party will be ordered to deliver up, ib. cases of sureties, 354 cases of illegality, ib. distinction, when it appears on the face of the instru. ment, ib. authorities on these points, ib. but not in the former, ib. circumstances that must concur before equity will inter- fere in such cases, ib. rule in cases where it is sought to open a solicitor's bill, ib. there must be imposition, ib. and fraud, ib. review of cases on this subject continued, 365 bonds, &c. founded on expectation, ib. authorities as to, ib. general doctrines of equity applicable to, 366 when the protection of the Court will be withdrawn, ib. instruments obtained under undue influence, ib. cases as to, ib. cases of instruments obtained under the influence of intoxication, ib. principle of, ib. cases of arrangements with creditors, ib. marriage brocage bonds, ib. other cases of a mixed nature, ib. review of authorities, ib. cases where equity refuses to interfere on the ground of marriage brocage, ib. general rule in cases of doubtful illegality, 367 difficulty of determining, ib. propositions on this subject apparently justified by the authorities, ib. rules in cases of usurious contracts, ib. illustrations of these, ib. rules in cases of assurance, ib. cases where the rights of third parties are affected, ib. illustrations of these, ib. principle of, ib. cases between creditor and surety, ib. authorities as to, 368 rules deducible from, ib. extent to which it has been carried in some cases, ib. almost defeats its object, ib. instances of this, ib. rule where equities are equal, ib. cases where the transaction was altogether fraudulent, ib. case of Neville v. Wilkinson, ib. rule laid down in, ib. cases as to infringements of patents, ib. grounds on which equity interferes in, by injunction, ib. it is in aid of the legal right, ib. plaintiff need not, in the first instance, establish his right at law, ib. that appears primâ facie by the letters-patent, ib. ib. INJUNCTIONS TO STAY PROCEEDINGS-(continued) JEFFERYS v. BOOSEY-(continued). grounds of, 293 effect of is, that a foreigner must publish in this country, under what limitations this is to be done is undecided, it at all events, printing must be done here, ib. policy of this state of the law, ib. remarks upon, 294 it is mere verbiage, ib. there is no policy at all in it, ib. question is one merely of convenience, ib. and of commercial justice, ib. injury which must result to those who have purchased supposed copyrights, ib. JUSTICE IN TURKEY. Letter of “ Orientalis" as to, 514 LANDLORD, LIABILITY OF, TO REPAIR PRE- POWER OF GRANTING ON COURTS OF LAW. AGREEMENT. Review of the law as to, 133, 134 liability of, to third parties for injuries arising from vant of repair, 134 not decided by any case, ib. ZLEMENT. Cases as to, 66 case of Reg. v. Reid, ib. judgment in, ib. grounds of, ib. case of Reg. v. Beaumont, ib. facts of, ib. judgment in, ib. case of Reg. v. Gill, ib. case of Reg. v. Green, 67 proof of corpus delicti in cases of, ib. recent case of Reg. v. Burton as to, ib. “ LARGEST LOT," USUAL CONDITION GIVING THE CUSTODY OF THE TITLE DEEDS TO THE PURCHASER OF. Remarks on the mean- ing of, 262 206 views of Bentham as to, ib. suggestions as to, by Bacon, 207 conclusion, ib. MADE TOWARDS THE. Remarks upon, 441 it might be carried further, ib. reasons for this view, 441, 442 benefits which would result from, 442 LEGAL EDUCATION, QUESTION OF. Remarks importance of, ib. proposed changes in the civil service, ib. ancient legal university, ib. course of instruction is become one of mere form, ib. effect of this, 114 system of instruction in chambers introduced, ib. effect of, ib. recent attempts to improve this system, ib. mode in which these have been carried out, ib. defects in, ib. requisites of an efficient system, ib. importance of these, ib. necessity of certain branches of legal education which are now wholly overlooked, ib. required changes might be effected by the inns of court, the universities ought to offer the same advantages, ib. necessity for a preliminary test of qualification in the Profession, ib. proposed inquiry into the inns of court, ib. benefits likely to result from, ib. upon, 113 ib. LEGAL PROFESSION, PRESENT STATE OF. Re- MARRIAGE BROCAGE CONTRACTS, INJUNCTION TO STAY PROCEEDINGS ON. Rules as to granting, 366 when equity will not interfere, ib. MARRIED WOMAN, EFFECT OF A POWER OF APPOINTMENT IN. Recent interpretation of the law as to, 253 remarks on the case of Vaughan v. Vanderstegen, ib. MARRIED WOMAN'S REVERSIONARY INTERESTS BILL. Review of, 186 what it proposes to authorise, ib. provisions of the Fines and Recoveries Act to be extended to, ib. cases of interests in real and personal property assimilated by, ib. they are not analogous, ib. reasons for relaxing the law as to the former, ib. mischiefs which would result by relaxing it in the latter, ib. this is not the way to remove a married woman's disabi- lity, ib. suggestions as to this, ib. MATRIMONIAL CAUSES, PROPOSED TRANSFER OF, TO THE CIVIL COURTS. Remarks upon, 30 history of the acquisition of jurisdiction over, by the Eccle- siastical Courts, 38 causes which led to, have ceased to exist, ib. MEASURE OF DAMAGES, LEADING PRINCIPLES AS TO. Review of, 101, 205 rules deducible therefrom, 206 MEMBER RETURNED TO SERVE IN PARLIA. MENT: Smith, A., jun., Esq., for the county of Hertford, 188 upon, 454 NISATION AND MAINTENANCE ARE PRO. VIDED FOR BY THE LEGISLATURE. Remarks importance of information as to, ib. it may be raised in two ways, ib. by ballot, ib. or by enlistment, ib. how the ballot is conducted, ib.. stat. 42 Geo. 3, c. 90, ib. provisions of, ib. stat. 15 & 16 Vict. c. 50, ib. effect of, ib. it abolishes general and subdivision meetings, except as connected with the ballot, ib. confusion produced by this, ib. the acts ought to be consolidated, ib. system to be effected by, ib. importance of, ib. such a consolidation ought to be attempted in the ap- proaching session of Parliament, 455 COUNTRY FOR THE PURPOSE OF WORK. LITY OF THE “COST-BOOK PRINCIPLE" TO. On the legality of, 505 practice as to, ib. review of arguments and opinions in favour of and against, 505, 506 advantages of, 506 privileges which it does not confer, ib. MONEY LENDERS, ACTIONS BY, IN THE COUNTY PROCEDURE ACT, 1854, AS TO. Remarks upon, exemption of promissory notes for sums under 40s, from the Usury Laws, ib. mode in which this is taken advantage of, ib. should the law be allowed to remain in this state, ib. how is the evil to be remedied, ib. MORTGAGE, COSTS OF PAYING OFF. Letter of “A MORTMAIN, PROPOSED BILL TO CONSOLIDATE AND AMEND THE LAWS OF, AND THE LAWS Wharton, Esq., M.A., Barrister at Law. Review of, RELIGIOUS PURPOSES. Outline of the provi. sions of, 165 |