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upon, 29

DISCOVERY, POWER CONFERRED ON COURTS EQUITABLE DEFENCES, &c.-(continued).

OF COMMON LAW BY COMMON LAW PRO. remarks upon, 498
CEDURE ACT, 1854, OF GRANTING. Summary provisions of sect. 86, ib.
of provisions as to, 397

EQUITY OF WIFE AGAINST HER HUSBAND'S AS.
depositions taken under, ib.

SIGNEE FOR VALUE. Review of cases as to, 134
when they may be used, ib.

ETIQUETTE OF COLONIAL JUDICIAL APPOINT-
answers not evidence against a co.defendant, ib.

MENTS. Petition to the Queen from Van Diemen's
from whom discovery may be sought, ib.

Land as to, 522
provisions as to corporations, 398
practical suggestions, ib.

EVIDENCE IN CHANCERY, METHOD OF TAKING

ORALLY, PROVISIONS OF THE 15 & 16 VICT.
party interrogated must be liable to be examined as a
witness, ib.

c. 86, s. 31, AS TO. Remarks upon, 58
rule in equity, ib.

question which has arisen as to, ib.
mode of obtaining an order for delivery of interroga-

want of directions in the act, ib.
tories, ib.

difficulty occasioned by, ib.
how they should be framed, ib.

difficulty of overcoming this, ib.
questions which a party is not bound to answer, ib.

EVIDENCE IN CHANCERY, MISTAKES IN THE
forms of interrogatories, ib.

PRESENT SYSTEM OF TAKING. Remarks
how answers should be framed, ib.
DIVORCE COMMISSIONERS, NEW COURT OF

failure of, ib.
DIVORCE RECOMMENDED BY, 77

impossibility of improving, ib.
procedure of, ib.

principles by which this subject ought to regulated,

ib.
recommendation as to conforming it to procedure in
Chancery, ib.

objections to the present system, ib.
proposal to take divorce cases to the courts of common

advantages of oral examination, 30
law, 78

objections to, ib.
this is the more judicious course, ib.

consideration of, ib.
it is desirable to put husband and wife on the same foot.

on the same subject, 122-124
ing as to divorce, ib.

on the necessity for the examiner taking down the evi.
recommendations of commissioners on this subject, ib.

dence personally, 277
distinction laid down in, as to divorce to husband and not EVIDENCE, SUMMING UP THE, PRACTICE AS TO,
to wife, ib.

UNDER THE COMMON-LAW PROCEDURE
no sufficient reason for, ib.

ACT, 1854. Remarks upon, 453
DOWER OF WIDOW, OBLIGATION TO ELECT necessity for the Bar to come to an arrangement as to,
BETWEEN, AND PROVISION MADE FOR

454
HER BY WILL. Recent case of Warbutton v. War. EXAMINATION OF STUDENTS FOR THE BAR,
button as to, 197

THE PUBLIC, FOR HILARY TERM, 1854.
review of Vice-Chancellor Stuart's decision therein, ib.

Award of the council, 16
authorities on this subject, ib.

for Trinity Term, 1854; rules for, 86
the above decision is not in accordance with, 198

award of the council, 186
other objections to, ib.

for Michaelmas Term, 1854 ; rules for, 302

award of the council, 431
ECCLESIASTICAL COURTS, JURISDICTION OF, for Hilary Term, 1855; rules for, 487

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
observations on, 30, 31

down by him personally in writing, 277
history of the acquisition of, by those courts, 37, 38

provisions of the 15 & 16 Vict. c. 86, s. 32, ib.
it shews that the reasons on which it proceeded have the rule is said to be the effect of, ib.
ceased to exist, ib.

statute ought to be amended, ib.
EDUCATION, LEGAL, PRESENT SYSTEM OF. Re- results which it produces, ib.
marks upon, 113

inconvenience of, ib.
recent changes in, 114

instance of this, ib.
defects in, ib.

what advantage is there in the practice, ib.
requisites of an efficient system, ib.

great point to be secured in the mode of taking evi-
importance of an extended system of, ib.

dence, ib.
EMBEZZLEMENT, HOW DISTINGUISHED FROM

under the present system this can only be imperfectly
LARCENY. Case of Reg v. Reid, 66

accomplished, ib.
judgment of the Court in, ib.

remarks on this subject, 278
grounds of, ib.

recommendations as to, ib.
case of Reg. v. Beaumont, ib

evidence should be taken down by some one agreed on
judgment in, ib.

between the parties, ib.
case of Reg. v. Gill, ib.

EXAMINERS IN CHANCERY, SYSTEM OF TAKING
case of Reg. v. Green, ib.

EVIDENCE BY. Remarks on the failure of, 29
ENGLISH COPYRIGHT IN FOREIGN COMPOSI-

reasons in favour of vivâ voce examination before a judge,
TIONS. Remarks of a correspondent on the law as

29, 30
to, 311

objections to present mode, 122, 123
on the same subject, 326

remedy for, 123
result of the statutes as to, 329

objections to, ib.
effect of the decisions, ib.

answers to these, 123, 124
statutes now in force not affected by the judgment in the

recommendations on this subject, 124
case of Jefferys v. Boosey, ib.

on the necessity for the examiners taking down the evi-
EQUITABLE DEFENCES, PROPOSAL TO ALLOW

dence personally, 277
THEM TO BE RAISED IN COURTS OF LAW. EXPOSITION OF THE LAND TAX, ITS ASSESS-
Observations on, 85

MENT, COLLECTION, &c. By M. A. Bourdin.
provisions of the Common-law Procedure Act, 1854, as

Review of, 270
to, 301
remarks upon, 302

FEES OF CONVEYANCERS, PROPOSAL TO TAX,
case of The Mines Royal Societies v. Magnay, 498

ON THE QUANTUM MERUIT. Remarks on,
rule laid down in, as to what is a sufficient equitable de

121
fence under the act, ib.

not of much importance to the Profession, 122

FEES OF CONVEYANCERS, &c.—(continued).

FUSION OF LAW AND EQUITY, &c.-(continued).
but to the public, 122

partnership, 441
illustrations of this, ib.

administration of assets, ib.
difficulties which might attend the new system, ib.

and of the estates and persons of lunatics, ib.
FOREIGNERS, LITERARY PROPERTY OF. Ques- these are still left to Courts of equity, ib.
tion as to, decided in Jefferys v. Boosey, 285

together with the duties of guardian or trustee, 442
importance of that decision, 286

there is no reason for not extending the fusion, ib.
probable results of, ib.

Court of Chancery might cease to exist as a separate jadi.
remarks on the hardship of, 293

cial establishment, ib.
FORGERY OF ORDER FOR PAYMENT OF MONEY,

this must follow, ib.
WHAT CONSTITUTES OFFENCE OF. Case of

common law must be reformed, ib.
Reg. v. Snelling, 66

spirit in which this must be done, ib.
case of Reg. v. Sharman, ib.

fusion is only one instalment of law reform, ib.
FORMS OF PROCEEDINGS UNDER THE COM.

numerous courts of limited jurisdiction must be abolished,

ib.
MON-LAW PROCEDURE ACT, 1854, CON.

effect of these, ib.
TAINED IN THE SCHEDULE TO THE GE.
NERAL RULE OF MICHAELMAS VACATION,

all the cases administered by, fall within the province of

the common-law judge, ib.
1854; 466-471

benefits of their being intrusted to him, ib.
writ of inquiry to ascertain the expense incurred by the

establishment of a single system would lead to amendment
doing of an act, and for the doing of which a man-

of the law, ib.
damus was issued, ib.

conclusion, ib.
writs of execution in detinue under sect. 78 of the act, 471
indorsement on writ of summons of a claim of a writ of GAMBLING TRANSACTIONS, BILLS OF EXCHANGE
injunction under sect. 79 of the act, ib.

AFFECTED BY, ACTIONS UPON. When in.
FORTY-SHILLING FREEHOLD UNDER 8 HEN, 6,

junction will be granted to restrain, 353
c. 7, TO QUALIFY FOR VOTING IN ELEC.

when not, ib.
TIONS OF MEMBERS OF PARLIAMENT.

cases on this subject, ib.
What constitutes, 513

effect of 5 & 6 Will. 4, c. 41, ib.
recent case on this question, 514

GENERAL RULE OF THE COURTS OF COMMON
remarks upon, ib.

LAW, MICHAELMAS VACATION, 1854; 466
FRAUD, EFFECT OF, IN GIVING POWER TO A forms of proceedings under, ib.

MARRIED WOMAN TO CHARGE PROPERTY issue of fact to be tried by a judge without a jury, ib.
OVER WHICH SHE HAS ONLY A GENERAL

subpæna thereon, ib.
POWER OF APPOINTMENT. Recent decision as Nisi Prius record therein, ib.
to, 253

posteas thereon, 466, 467
remarks upon, ib.

judgment for the plaintiff, 467
probable results of, 254

execution thereon, ib.
FRAUD IN OBTAINING AN INVENTION BY COM. writs of execution where the court or a judge decides on
MUNICATION FROM A FOREIGNER RE.

matters of account, ib.
SIDING ABROAD. Effect of, if used in opposition where matter of account is referred to and decided by an
to the sealing of the patent, 150

arbitrator, officer of the court, or county court
recent case in which the question arose, ib.

judge, ib.
it was not decided, ib.

special case for the opinion of the Court, under sect. 4 of
principles on which decision of would depend, ib.

the Common-law Procedure Act, 1854, ib.
review of, with reference to, ib.

issue to be tried by a jury where the court or a judge has
difficulty of, 151

directed it under that section, ib.
FRAUD, INSTRUMENT OBTAINED BY, PROCEED- postea thereon, 468
INGS AT LAW UPON. When an injunction will

special case stated by an arbitrator under sect. 5 of the
be granted to restrain, 353
rules as to, ib.

judgment thereon, ib.
review of cases, ib.

postea where the judge directs an arbitration as to part of
FRAUD, RELIEF IN EQUITY AGAINST. Review of

the claim, under sect. 6 of the act, ib.
cases as to, 377

writ of habere facias possessionem on a rule to deliver
extent to which it has been carried, ib.

possession of land pursuant to an award, ib.
almost defeats its own object, ib.

judgment for the plaintiff on a special case stated under
instances of this, ib.

sect. 32 of the act, ib.
rule where equities are equal, ib.

judgment of affirmance by the Court of error in the Ex-
rule where transaction altogether fraudulent, ib.

chequer Chamber on a special case, ib.
case of Neville v. Wilkinson, ib.

judgment of reversal in the like case, 469
rule there laid down, ib.

judgment of Court of appeal in the Exchequer Chamber
FREE SHIPS FREE GOODS, DISCUSSION OF THE

on a disposal of the appeal in the plaintiff's favour,

when judgment had been given for him in the court
QUESTION AS TO, IN THE RECENT WORK

below, under the 41st and 42nd sections of the act,
OF MESSRS. HAZLITT & ROCHE. Remarks

ib.
declaration of the Crown as to, 247

fi. fa. against a garnishee under the 63rd section of the

act, where debt not disputed or garnishee does not
liberal spirit of, ib.
debate in the House of Commons upon, ib.
review of, ib.

ca. sa. in like cases, ib.

writ against garnishee to shew cause why the judgment
FUSION OF LAW AND EQUITY, PROGRESS AL-

creditor should not have judgment against him for
READY MADE TOWARDS THE. Observations

the debt disputed by him, ib.

declaration thereon, 470
matters in which they are now placed on the same footing,

plea thereto, ib.
ib.

issue thereon, ib.
particulars in which the Courts of law are still deficient, ib.

postea thereon, ib.
machinery for the perpetuation of testimony, ib.

judgment for the plaintiff therein, ib.
the settlement of boundaries, ib.

fi. fa. therein, ib.
administration of trusts, ib.

ca. sa, therein, ib.
account, ib.

judgment for the plaintiff after verdict that a mandamus
contribution, ib.

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
AND AMEND THE LAWS AS TO. Summary instances of this, ib.
of the provisions of, 165

Court always assumes that plaintiff may be wrong, 338
observations on, ib.

circumstances of both parties regarded, ib.
GIFTS TO SUPERSTITIOUS USES, ANOMALOUS consequences of this, ib.

STATE OF THE LAW AS TO, UNDER 2 & 3 illustrations of this rule, ib.
WILL. 4, c. 114, IN THE CASE OF ROMAN INJUNCTIONS TO STAY PROCEEDINGS AT LAW
CATHOLICS. Observations on, 261

WHEN THE PROSECUTION OF THE ACTION
GODSALL v. BOLDERO. Remarks on the case of, 485

WOULD BE INEQUITABLE. Practical proposi.
recently overruled, ib.

tions as to, 353
case of Dalby v. The India and London Life Assurance case of action on an instrument obtained by fraud, ib.
Company, in the Exchequer Chamber, ib.

rules as to, ib.
reasons why the case of Godsall v. Boldero has remained cases as to, ib.
so long unassailed, ib.

bills given in gambling transactions, ib.
facts of that case, ib.

Court will not always interfere in, ib.
arguments upon, ib.

cases in which it will not, ib.
judgment in, 486

authorities on this subject, ib.
contract of life assurance held to be a contract of indem- effect of the 5 & 6 Will. 4, c. 41, ib.
nity, ib.

case of bills drawn by one member of a firm without au-
view of this subject taken in the late case, ib.

thority, ib.
grounds of, ib.

when party will be ordered to deliver up, ib.
opinion of Professor De Morgan on the case of Godsall cases on this subject, ib.
v. Boldero, ib.

cases of sureties, 354
decision of the Exchequer Chamber in conformity with, ib. rules regarding, ib.
life assurance is not a contract of indemnity, ib.

cases of illegality, ib.

distinction, when it appears on the face of the instru.
HAZLITT & ROCHE, MESSRS., THEIR MANUAL

ment, ib.
OF THE LAW OF MARITIME WARFARE. and when it is shewn by matter dehors, ib.
Extracts from, as to the rights of neutrals, 245

authorities on these points, ib.
their discussion of the question as to free ships free equity will interfere in the latter case, ib.
goods, ib.

but not in the former, ib.
remarks upon, ib.

circumstances that must concur before equity will inter-
HEATH v. CHAPMAN, THE CASE OF, ANOMA-

fere in such cases, ib.
LOUS STATE OF THE LAW SHEWN BY THE

rule in cases where it is sought to open a solicitor's bill, ib.
DECISION IN. Observations on, 261

there must be imposition, ib.
gifts to superstitious uses, ib.

and fraud, ib.
what are, notwithstanding the 2 & 3 Will. 4, c. 114, ib.

review of cases on this subject continued, 365
immunity thereby conferred on Roman Catholics, ib.

bonds, &c. founded on expectation, ib.
limits of, ib.

authorities as to, ib.
result of, ib.

general doctrines of equity applicable to, 366
extract from Mr. Tudor's work as to, ib.

when the protection of the Court will be withdrawn, ib.
the law thus permits that to be done indirectly which can.

instruments obtained under undue influence, ib.
not be done directly, 262

cases as to, ib.
absurdity of this, ib.

cases of instruments obtained under the influence of
remarks upon, ib.

intoxication, ib.
supposed principle of the anomaly, ib.

principle of, ib.
it cannot be so explained, ib.

cases of arrangements with creditors, ib.
HUSBAND'S ASSIGNEE FOR VALUE, EQUITY OF

marriage brocage bonds, ib.
WIFE AGAINST. Review of cases as to, 134

other cases of a mixed nature, ib.
case of Tidd v. Lister, ib.

review of authorities, ib.
decided on the authority of Elliott v. Cordell, ib.

cases where equity refuses to interfere on the ground of
examination of grounds of these decisions, ib.

marriage brocage, ib.
contrary to principle, 135

general rule in cases of doubtful illegality, 367
not wholly consistent with authority, ib.

difficulty of determining, ib.

propositions on this subject apparently justified by the
ILLEGAL INSTRUMENTS, INJUNCTION TO RE-

authorities, ib.
STRAIN PROCEEDINGS ON. Cases in which it

rules in cases of usurious contracts, ib.

illustrations of these, ib.
will be granted, 354

rules in cases of assurance, ib.
when not, ib.
review of cases as to, ib.

cases where the rights of third parties are affected, ib.

illustrations of these, ib.
general rules in cases of doubtful illegality, 367

principle of, ib.
difficulty of determining, ib.

cases between creditor and surety, ib.
propositions apparently justified by the authorities, ib.

authorities as to, 368
INCOME TAX. Letter of “ A Barrister" as to, 136

rules deducible from, ib.
INFRINGEMENT OF PATENT, INJUNCTION TO review of cases as to relief against fraud, 377
RESTRAIN. Rules as to granting, 377

extent to which it has been carried in some cases, ib.
principle on which equity interferes, ib.

almost defeats its object, ib.
INJUNCTION AND ACCOUNT UNDER THE PA.

instances of this, ib.
TENT-LAW AMENDMENT ACT, 1852. Power

rule where equities are equal, ib.
of Court of law to grant, after verdict, with nominal

cases where the transaction was altogether fraudulent, ib.
damages, 185

case of Neville v. Wilkinson, ib.
difficulty of this question, 186

rule laid down in, ib.
INJUNCTIONS AGAINST WRONGFUL ACTS OF A

cases as to infringements of patents, ib.
SPECIAL NATURE, intended to be included in the

grounds on which equity interferes in, by injunction, ib.
79th section of the new Common-law Procedure Act,

it is in aid of the legal right, ib.
337

plaintiff need not, in the first instance, establish his right
cases to which this remedy applies, ib.

at law, ib.
principles on which it is administered, ib.

that appears primâ facie by the letters-patent, ib.
cases on this subject, ib.

ib.

INJUNCTIONS TO STAY PROCEEDINGS-(continued) JEFFERYS v. BOOSEY-(continued).
principle deducible from, 378

grounds of, 293
cases in which the Court will send the patentee to law examination of them, ib.
first, 442

effect of is, that a foreigner must publish in this country,
rule where patent is of long standing, ib.
cases as to, ib.

under what limitations this is to be done is undecided, it
rule where injunction has been granted, and defendant must he have a substantial residence in this country, it.
does not come in to dissolve it, 443

at all events, printing must be done here, ib.
rule where the dispute is between parties both of whom hardship of this, ib.
claim under patents, ib.

policy of this state of the law, ib.
rule in cases of doubt, ib.

remarks upon, 294
ultimate object of the proceeding, ib.

it is mere verbiage, ib.
injunction ex parte, ib.

there is no policy at all in it, ib.
what affidavit must be made to obtain, ib.

question is one merely of convenience, ib.
effect of insufficiency in, ib.

and of commercial justice, ib.
injunction granted, after expiration of patent, to restrain illustrations of this, ib.
sale of articles made before, ib.

injury which must result to those who have purchased
INJUNCTIONS, MANDATORY. Observations on, 141

supposed copyrights, ib.
their effect, ib.

JUSTICE IN TURKEY. Letter of “ Orientalis" as to,
difficulty of distinguishing them from ordinary jurisdic-

514
tion as to specific performance, ib.
illustrations of this, 142

LANDLORD, LIABILITY OF, TO REPAIR PRE-
INJUNCTIONS, PROPOSAL AS TO CONFERRING MISES, IN THE ABSENCE OF EXPRESS

POWER OF GRANTING ON COURTS OF LAW. AGREEMENT. Review of the law as to, 133, 134
Observations on, 85

liability of, to third parties for injuries arising from vant
provisions of the Common-law Procedure Act, 1854,

of repair, 134
as to, 301

not decided by any case, ib.
INNS OF COURT COMMISSION. Members of, 163 principle on which it must depend, ib.
INNS OF COURT, SYSTEM OF LEGAL EDUCA. LARCENY, HOW DISTINGUISHED FROM EMBEZ.
TION AFFORDED BY. Remarks upon, 113

ZLEMENT. Cases as to, 66
ancient system, ib.

case of Reg. v. Reid, ib.
recent attempts to improve, 114

judgment in, ib.
defects in, ib.

grounds of, ib.
requisites of an efficient system of, ib.

case of Reg. v. Beaumont, ib.
importance of, ib.

facts of, ib.
might be carried out by the inns of court, ib.

judgment in, ib.
INQUIRY, WRITS OF, SHERIFF'S JURISDICTION

case of Reg. v. Gill, ib.
IN EXECUTING. Observations on, 149

case of Reg. v. Green, 67
INSURANCE, CONTRACTS OF, EFFECTED BY

proof of corpus delicti in cases of, ib.

recent case of Reg. v. Burton as to, ib.
FRAUD. Equity does not in general interfere in cases
of, 367

“ LARGEST LOT," USUAL CONDITION GIVING
INTERROGATORIES, PROCEEDING BY, UNDER

THE CUSTODY OF THE TITLE DEEDS TO
THE COMMON-LAW PROCEDURE ACT, 1854.

THE PURCHASER OF. Remarks on the mean-
Remarks upon, 301, 397

ing of, 262
INTOXICATION, INSTRUMENTS OBTAINED UN. LAW, THE, CODIFICATION OF. Observations on,
DER THE INFLUENCE OF, INJUNCTION TO

206
RESTRAIN PROCEEDINGS ON. When it will

views of Bentham as to, ib.
be granted, 366

suggestions as to, by Bacon, 207
principle of the cases as to, ib.

conclusion, ib.
INVENTIONS, PROVISIONAL SPECIFICATIONS OF, LAW AND EQUITY, FUSION OF, PROGRESS
UNDER THE PATENT-LAW AMENDMENT

MADE TOWARDS THE. Remarks upon, 441
ACT. Observations on, 104

it might be carried further, ib.
form of, 105

reasons for this view, 441, 442
questions arising on, ib.

benefits which would result from, 442
effect of a complete specification, ib.

LEGAL EDUCATION, QUESTION OF. Remarks
difficulty of framing, 106

importance of, ib.
JEFFERYS v. BOOSEY, CASE OF. Remarks upon, suggestions as to giving it a more scientific character, i.
285

proposed changes in the civil service, ib.
question of the literary property of foreigners finally de. knowledge of law indispensable in, ib.
cided in, ib.

ancient legal university, ib.
facts of, ib.

course of instruction is become one of mere form, ib.
ruling of Rolfe, B., ib.

effect of this, 114
bill of exceptions tendered to, ib.

system of instruction in chambers introduced, ib.
judgment of the Exchequer Chamber in, ib.

effect of, ib.
writ of error brought, ib.

recent attempts to improve this system, ib.
decision of the House of Lords, ib.

mode in which these have been carried out, ib.
previous authorities on this question, ib.

defects in, ib.
case of Miller v. Taylor, ib.

requisites of an efficient system, ib.
case of Delondre v. Shaw, ib.

importance of these, ib.
case of D'Almaine v. Boosey, 286

necessity of certain branches of legal education which are
condensed statement of the judgment of the House of

now wholly overlooked, ib.
Lords in Jefferys v. Boosey, ib.

required changes might be effected by the inns of court,
consequenees of this decision, ib.
importance of, ib.

the universities ought to offer the same advantages, ib.
probable effect of, in America, ib.

necessity for a preliminary test of qualification in the
further remarks on this decision, 293

Profession, ib.
absurd consequences which will follow from it, ib.

proposed inquiry into the inns of court, ib.
it will operate as a tax on foreign writers, ib.

benefits likely to result from, ib.

upon, 113

ib.

LEGAL PROFESSION, PRESENT STATE OF. Re- MARRIAGE BROCAGE CONTRACTS, INJUNCTION
marks upon, 429

TO STAY PROCEEDINGS ON. Rules as to
it is disheartened, ib.

granting, 366
and demoralised, ib.

when equity will not interfere, ib.
influences which have led to this, ib.

MARRIED WOMAN, EFFECT OF A POWER OF
not attributable to the county court system, ib.

APPOINTMENT IN. Recent interpretation of the
this will now be adjusted, ib.

law as to, 253
true reason is the magnitude of the task which the con-

remarks on the case of Vaughan v. Vanderstegen, ib.
scientious advocate must perform, ib.

MARRIED WOMAN'S REVERSIONARY INTERESTS
numerous reports and statutes which must be mastered,

BILL. Review of, 186
ib.
evils of introduction of so many text-books, ib.

what it proposes to authorise, ib.
these are rapidly deteriorating, 430

provisions of the Fines and Recoveries Act to be extended
causes of this, ib.

to, ib.
confidence in the stability of the law has vanished, ib.

cases of interests in real and personal property assimilated
evils arising from the state of the statute law would be

by, ib.
lessened by codification, ib.

they are not analogous, ib.
present commission does not hold out much hope of this,

reasons for relaxing the law as to the former, ib.
ib.

mischiefs which would result by relaxing it in the latter, ib.
great evil lies in the reporting system, ib.

this is not the way to remove a married woman's disabi-
how this is to be remedied, ib.

lity, ib.
necessity for, ib.

suggestions as to this, ib.
benefits which would result from such a reform carried

MATRIMONIAL CAUSES, PROPOSED TRANSFER
out on a sound basis, ib.

OF, TO THE CIVIL COURTS. Remarks upon, 30
LETTERS-PATENT FOR INVENTIONS, A TREATISE

history of the acquisition of jurisdiction over, by the Eccle-
ON THE LAW AND PRACTICE RELATING

siastical Courts, 38
TO. By J. P. Norman, Esq., M.A. Review of, 103

causes which led to, have ceased to exist, ib.
LIFE ASSURANCE NOT A CONTRACT OF INDEM.

MEASURE OF DAMAGES, LEADING PRINCIPLES
NITY. Recent decision in the Exchequer Chamber as

AS TO. Review of, 101, 205
to, 485, 486

rules deducible therefrom, 206
case of Godsall v. Boldero overruled by, ib.

MEMBER RETURNED TO SERVE IN PARLIA.
LIMITATIONS, STATUTE OF, 3 & 4 WILL. 4, c. 27,

MENT:
BAR OF CHARITABLE TRUSTS BY. Remarks

Smith, A., jun., Esq., for the county of Hertford,

188
upon, 167
case of The Attorney-General v. Magdalen College, Ox- MILITIA, THE MANNER IN WHICH ITS ORGA-
ford, ib.

upon, 454

NISATION AND MAINTENANCE ARE PRO.
principle of, ib.

VIDED FOR BY THE LEGISLATURE. Remarks
proposition on this subject involved therein, ib.
cases on this subject, 167-169

importance of information as to, ib.
review of decisions therein, ib.

it may be raised in two ways, ib.
observations thereon, ib.

by ballot, ib.
LIMITED LIABILITY, PARTNERSHIPS WITH. On

or by enlistment, ib.

how the ballot is conducted, ib..
the expediency of, 213

stat. 42 Geo. 3, c. 90, ib.
objections to, considered, 414
answers to these, ib.

provisions of, ib.

stat. 15 & 16 Vict. c. 50, ib.
the question seems to be one affecting partners inter se, ib.

effect of, ib.
the public can take care of itself, ib.

it abolishes general and subdivision meetings, except as
LITERARY PROPERTY IN FOREIGNERS. Decision

connected with the ballot, ib.
of the question as to, in Jefferys v. Boosey, 285

confusion produced by this, ib.
importance of, 286

the acts ought to be consolidated, ib.
probable effects of, ib.

system to be effected by, ib.
hardship of, 293

importance of, ib.
LIVERPOOL PASSAGE COURT. Order in Council of illustrations of this, ib.
the 27th November, 1854, as to, 500

such a consolidation ought to be attempted in the ap-
LOCAL AND PERSONAL ACTS DECLARED PUBLIC,

proaching session of Parliament, 455
AND TO BE JUDICIALLY NOTICED, 17 & 18 MINING COMPANIES ESTABLISHED IN THIS
VICT., SESS. 2. Titles of, 446, 456, 474, 488

COUNTRY FOR THE PURPOSE OF WORK.
LORD CAMPBELL'S ACT, 9 & 10 VICT, c. 93. Effect ING MINES SITUATE ABROAD, APPLICABI.
of, on the law as to actions for personal injuries, I

LITY OF THE “COST-BOOK PRINCIPLE"
anomalous state of the law prior to, ib.

TO. On the legality of, 505
difficulties in administering the law under, ib.

practice as to, ib.
review of cases, ib.

review of arguments and opinions in favour of and against,
on the same subject, 13

505, 506
cases against railway companies, ib.

advantages of, 506
remarks upon, 14

privileges which it does not confer, ib.

MONEY LENDERS, ACTIONS BY, IN THE COUNTY
MANDAMUS, PROVISIONS OF THE COMMON-LAW COURTS. Observations on, 176

PROCEDURE ACT, 1854, AS TO. Remarks upon, exemption of promissory notes for sums under 40s, from
301, 409

the Usury Laws, ib.
MANDATORY INJUNCTIONS. Remarks upon, 141

mode in which this is taken advantage of, ib.
clumsiness of, ib.

should the law be allowed to remain in this state, ib.
their effect, ib.

how is the evil to be remedied, ib.
cases as to, ib.

MORTGAGE, COSTS OF PAYING OFF. Letter of “A
difficulty of distinguishing them from the ordinary juris- Country Solicitor" as to, 176
diction as to specific performance, ib.

MORTMAIN, PROPOSED BILL TO CONSOLIDATE
illustrations of this, 142

AND AMEND THE LAWS OF, AND THE LAWS
MANUAL FOR ARTICLED CLERKS, &c. By J. J. S. REGULATING GIFTS TO CHARITABLE AND

Wharton, Esq., M.A., Barrister at Law. Review of, RELIGIOUS PURPOSES. Outline of the provi.
187

sions of, 165

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