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STATUTES OF PRACTICAL IMPORTANCE PASSED STATUTES ABSTRACTED-(continued).

DURING THE LAST SESSION OF PARLIA. cap. 75. An Act to remove Doubts concerning the due MENT. Review of, 309

Acknowledgment of Deeds by Married Women in act to amend the County Courts Acts, ib.

certain Cases, (7th August, 1854), 346 provisions of, ib.

cap. 77. An Act to provide for the Mode of passing Let. act to amend the Industrial and Provident Societies Act,

ters-patent and other Acts of the Crown relating 1852, ib.

to India, and for vesting certain Powers in the act for assimilating the law and practice in cases of high

Governor-General of India in Council, (7th Au. treason in Ireland to that in England, ib.

gust, 1854), 347 Railway and Canal Traffic Act, ib.

cap. 78. An Act to appoint Persons to administer Oaths, provisions of, ib.

and to substitute Stamps in lieu of Fees, and for recent decisions as to the liability of companies in certain

other Purposes, in the High Court of Admiralty of cases of gross negligence, 310

England, (7th August, 1854), ib. provisions for the purpose of obviating, ib.

cap. 79. An Act for further regulating the Sale of Beer act for enabling witnesses out of the jurisdiction to be

and other Liquors on the Lord's Day, (7th Ausubpoenaed, ib,

gust, 1854), 354 act for preventing frauds upon creditors by secret bills of cap. 82. An Act further to improve the Administration sale, ib.

of Justice in the Court of Chancery of the County review of the provisions of, ib.

Palatine of Lancaster, (7th August, 1854), ib. remarks upon, ib.

cap. 83. An Act to amend the Laws relating to the Stamp review of the above statutes continued, 345

Duties, (9th August, 1854), 357 act for the suppression of gaming-houses, ib.

cap. 84. An Act to extend the Provisions of the Acts for summary of the provisions of, ib.

the Augmentation of Benefices, (10th August, act for the examination of witnesses in the Ecclesiastical

1854), 368 Courts, ib.

cap. 87. An Act to make further Provision for the Burial act to provide for the taking of oaths in the Admiralty

of the Dead in England beyond the Limits of the Courts, ib.

Metropolis, (10th August, 1854), ib. provisions of, ib.

cap. 88. An Act to render valid certain Marriages of acts relating to friendly societies, 316

British Subjects in Mexico (10th August, 1854), ib. acts relating to Parliament, ib.

cap. 90. An Act to repeal the Laws relating to Usury and sheriffs of counties may be returning officers for boroughs,

to the Inrolment of Annuities, (10th August,

1854), 369 provisions as to bribery, treating, and undue influence, ib.

cap. 95. An Act to make better Provision for the Admiobservations on, ib.

nistration of the Laws relating to the Public acts relating to cruelty to animals, ib.

Health, (10th August, 1854), 370 STATUTES, PUBLIC GENERAL, 17 & 18 VICT., cap. 100. An Act to make further Provision for the more SESS. 2, ABSTRACTED IN THIS VOLUME:

speedy and efficient Dispatch of Business in the cap. 5. An Act to admit Foreign Ships to the Coasting

High Court of Chancery, (10th August, 1854), 371 Trade, (23rd March, 1854), 287

cap. 101. An Act to continue and amend the Acts now in cap. 13. An Act to amend the Acts relating to the Militia

force relating to Friendly Societies, (10th August, of the United Kingdom, (12th May, 1854), ib.

1854), ib. cap. 16. An Act to amend the Act of the 13 & 14 Vict. cap. 102. An Act to consolidate and amend the Laws re. c. 61, and the Act of the 15 & 16 Vict. c. 54, (2nd

lating to Bribery, Treating, and undue Influence June, 1854), ib.

at Elections of Members of Parliament, (10th cap. 20. An Act to repeal an Act of the 53 Geo. 3, c. 72,

August, 1854), ib. and an Act of the 8 Vict. c. 21; and for making cap. 104. An Act to amend and consolidate the Acts re. Provision for the Appointment and for Remune.

lating to Merchant Shipping, (10th August, 1854), ration of a Stipendiary Justice for the Division of

379 Manchester, in the County of Lancaster, and of cap. 105. An Act to amend the Laws relating to the Clerks to such Justice, and the Justices for the

Militia in England and Wales, (11th August, Borough of Salford; and for other Purposes, (2nd

1854), 401 June, 1854), 294

cap. 106. An Act for amending the Laws relating to the cap. 25. An Act to amend the Industrial and Provident

Militia, and raising a Volunteer Militia Force in Societies Act, 1852, (16th June, 1854), 295

Scotland, (11th August, 1854), ib. cap. 31. An Act for the better Regulation of the Traffic cap. 108. An Act to suspend the making of Lists and the on Railways and Canals, (10th July, 1854), 296

Ballots for the Militia of the United Kingdom, cap. 32. An Act to facilitate the Apportionment of the

(11th August, 1854), 415 Rent when Parts of Lands in Lease are taken for cap. 109. An Act to defray the Charge of the Pay, the Purposes of the Church Building Acts, (10th

Clothing, and contingent and other Expenses of July, 1854), 330

the Disembodied Militia in Great Britain and cap. 34. An Act to enable the Courts of Law in England,

Ireland ; to grant Allowances in certain Cases to Ireland, and Scotland to issue Process to compel

Subaltern Officers, Adjutants, Paymasters, Quarthe Attendance of Witnesses out of their Jurisdiction, and to give Effect to the Service of such

geon's Mates, and Serjeant-majors of the Militia ; Process in any Part of the United Kingdom, (10th

and to authorise the Employment of the NonJuly, 1854), ib.

commissioned Officers, (11th August, 1854), ib. cap. 36. An Act for preventing Frauds upon Creditors cap. 111. An Act to continue and amend the Metropo. by secret Bills of Sale of personal Chattels, (10th

litan Sewers Acts, (11th August, 1854), 416 July, 1854), 331

cap. 113. An Act to amend the Law relating to the Adcap. 47. An Act to alter and improve the Mode of taking

ministration of the Estates of Deceased Persons, Evidence in the Ecclesiastical Courts of England

(11th August, 1854), ib. and Wales, (24th July, 1854), 332

cap. 115. An Act to amend the Law relative to the Re. cap. 56. An Act to make further Provisions in Relation to

moval of Prisoners in Custody, (11th August, certain Friendly Societies, (31st July, 1854), 338

1854), 417 cap. 59. An Act to allow Verdicts on Trials by Jury in cap. 117. An Act to facilitate the Sale and Transfer of Civil Causes in Scotland to be returned, although

Incumbered Estates in the West Indies, (11th the Jury may not be unanimous, (31st July, 1854),

August, 1854), ib. 339

cap. 119. An Act for regulating Appointments to Offices cap. 73. An Act to amend the Acts for the Regulation of

in the Court of Bankruptcy, and for amending the Joint-stock Banks in Scotland, (31st July, 1854),

Laws relating to Bankrupts, (11th August, 1854), 340

431

SURETY, RELEASE OF–(continued).

doubt and conflict of opinion as to some portions of, 225
general rule as to giving time by the creditor, ib.
difference where rights against surety are reserved, ib.
difficulty of these cases, ib.
distinction which may be gathered from, ib.
it is not clearly established, ib.
difficulty in understanding grounds of, ib.
or how it is to be carried into effect, ib.
case of Newton v. Chorlton, ib.
remarks upon, ib.
effect of the decision in, 225, 226
objections to equity interfering in the way proposed, 226
arguments in support of, ib.
case of Jenkins v. Robertson, ib.
decision in, ib.
difficulty of reconciling this with the principle that the

position of the surety shall not be varied, ib. SURETY AND CREDITOR, FRAUD AS BETWEEN

When equity will interfere in cases of, 367
review of authorities as to, 368
rules deducible therefrom, ib.

STATUTES ABSTRACTED-(continued). cap. 120. An Act to repeal certain Acts and Parts of Acts

relating to Merchant Shipping, and to continue certain Provisions in the said Acts, (11th August,

1854), 431 cap. 125. An Act for the further Amendment of the Pro.

cess, Practice, and Mode of Pleading in, and enlarging the Jurisdiction of, the Superior Courts of Common Law at Westminster, and of the Superior Courts of Common Law of the Counties Palatine of Lancaster and Durham, (12th August, 1854),

313 SUCCESSION DUTY ACT, CASUS OMISSUS IN.

Letter of “ W. A." as to, 59 SUCCESSION DUTY ACT, WITH AN INTRODUC.

TION, NOTES, AND AN INDEX. By H.

Thring, M. A. Review of, 15 SUCCESSION TO REAL ESTATE, PROPOSED

CHANGES IN THE LAW OF. Observations on,

49 devolution of property regulated by convenience in dif.

ferent countries, ib. mistake as to the effect of what is called the law of

primogeniture, 50 remarks upon, ib. real state of the law on this subject, ib. considerations suggested by, as to the expediency of the

A proposed change, ib. probable results of, ib. SUMMING UP THE EVIDENCE UNDER THE COM.

MON-LAW PROCEDURE ACT, 1854. On the

practice as to, 453 question which has been raised as to, ib. what it involves, ib. practice bitherto followed, ib. general rule which, for the sake of the public, ought to

be followed, ib. principle of this, ib. status of the junior counsel, ib. importance of, ib. benefit of its being retained, ib. importance of the summing up, ib. evils arising from the duty being feebly discharged, ib. mode by which the position of the junior might be

raised, ib. he might open the case, 454 what is required for this, ib. what constitutes a summing up, ib. it is like a reply, ib. the Bar ought to come to an arrangement on this ques.

tion, ib. SUNDAY, LAWS AS TO THE OBSERVANCE OF.

Remarks upon, 521
at common law, any act, not of a judicial nature, might be

done on, ib.
fairs and markets were held on, ib.
law of Athelstane prohibiting, ib.
sports were held on, ib.
extract from Stowe's Survey, ib.
" The Book of Sports," ib.
stat. 1 Car. 1, c. 1, as to, 522
stat. 3 Car. 1, c. 1, as to carriers, &c., ib.
stat. 29 Car. 2, c. 7, ib.
amended by the 10 & 11 Will. 3, c. 24, s. 14, ib.
and by the 2 Geo. 3, c. 15, s. 7, ib.
case of Rex v. Younger, ib.

judgment of Lord Kenyon, C.J., in, ib. SUPERSTITIOUS USES, GIFTS TO, ANOMALOUS

STATE OF THE LAW AS TO, UNDER THE 2 & 3 WILL. 4, c. 114, IN THE CASE OF

ROMAN CATHOLICS. Observations on, 261 SUPPLEMENTAL BILLS, EXPECTED EFFECT OF

THE CHANCERY IMPROVEMENT ACT AS

TO, 57
effect of the 53rd section is to retain them, ib.

difficulties occasioned thereby, ib. SURETY, RELEASE OF, AS BETWEEN THE CRE.

DITOR AND THE PRINCIPAL DEBTOR. On the doctrine of, 225

TENANT, LIABILITY OF, TO REPAIR PREMISES,

IN THE ABSENCE OF AGREEMENT. Cases

upon, 133 liability of, for rent, although premises out of repair, ib. cannot quit the premises, ib. nor sue landlord for injury, ib. liability of, under void agreement, ib. or lease not executed by landlord, ib. liability under express agreement, 134 review of cases, ib.

French law on the above questions, ib. TESTAMENTARY CAUSES, PROPOSED TRANSFER

OF, TO THE CIVIL COURTS, 31 remarks upon, ib. must be to the Court of Chancery, ib. history of the acquisition of this jurisdiction by the Eccle.

siastical Courts, 37
limits of, 38
concurrent jurisdiction of the Court of Chancer y,ib.
extracts from the Second Report of the Chancery Commis.

sioners as to, ib.
proposed new court of probate, 77

procedure of the Court of Chancery to be adopted in, 78 TESTAMENTARY AND MATRIMONIAL JURISDIC.

TION OF THE ECCLESIASTICAL COURTS.

Remarks on the promised bill as to, 30 fruitless attempts on this subject hitherto made, ib. reasons for their failure, ib. passages in the Queen's speech on this subject, ib. to what “civil courts' are matrimonial causes to be re

ferred, ib. recommendation of Divorce Commissioners as to, ib. observations on, ib. proposals as to testamentary jurisdiction, ib. observations on, 31 transfer must be to the Court of Chancery, ib. on the same subject, 37 history of the jurisdiction of the Ecclesiastical Courts in

these cases, ib. ancient jurisdiction of the county court, ib. change effected by William the Conqueror, ib. revival of the old system by Henry I, ib. final separation of the ecclesiastical and civil courts by

Stephen, ib. causes assigned to each, ib. circumstances which led to their getting jurisdiction in

testamentary causes, ib. their exclusive jurisdiction in establishing wills, 38 concurrent jurisdiction of Courts of equity in construing, circumstances which led to their jurisdiction in matrimoi

nial causes, ib. limits of this jurisdiction, ib. results of this review, ib. it shews that these causes are properly cognisable by the

temporal courts, ib. and that the causes which led to their transfer have ceased, il. present jurisdiction exercised by the temporal courts, i.

TITLE DEEDS, USUAL CONDITION GIVING CUS. WARBUTTON v. WARBUTTON(continued).

TODY OF, TO THE PURCHASER OF THE this is shewn by O'Hara v. Chaine, 198
“ LARGEST LOT." Remarks as to the meaning of, decided by Lord St. Leonards himself, ib.
262

this is in accordance with the authorities, ib.

other objections to Vice-Chancellor Stuart's decision, ib. UNDUE INFLUENCE, INSTRUMENTS OBTAINED observations on, ib.

UNDER, INJUNCTION TO RESTRAIN PRO. suggestions as to, ib.

CEEDINGS ON. When it will be granted, 365 WESTMINSTER, CHANCERY SITTINGS AT. Rereview of, ib.

marks on the inconvenience of, 93 USURIOUS CONTRACTS, INJUNCTION TO RE. WESTMINSTER IMPROVEMENT BONDS, POINTS

STRAIN PROCEEDINGS ON. Rules as to grant LIKELY TO ARISE RESPECTING THEM. ing, ib.

Remarks upon, 58 illustrations of, ib.

acts by which they are authorised, ib.

general purpose of, ib. VAUGHAN v. VANDERSTEGEN, CASE OF. Remarks power of commissioners to borrow money, ib. on the decision in, 253

and to purchase property, ib. letter of “ R." as to, 279

to sell ground-rents and reversions, ib. VERDICT IN CRIMINAL CASES, AMENDMENT OF,

sect. 84 of the first act, ib. WHEN DELIVERED BY MISTAKE. Practice

proviso in sect. 50 of second act, ib.

materiality of, ib. as to, 67 case of Reg. v. Vodden, ib.

power of mortgage, ib.

sects. 18, 19, and 20 of third act, ib. VOTERS FOR MEMBERS OF PARLIAMENT, FREE.

effect of, 59 HOLD QUALIFICATION OF, UNDER THE

general observations on these powers, ib.
8 HEN. 6, c. 7. On the question whether it must no limit to amount which may be borrowed, ib.
be actually productive of 40s, a year, or only capable of how it may be recovered, ib.
producing that amount, 513

responsibility of commissioners, ib. never decided until recently, ib.

bonds are charges on the property, ib. à priori view as to, ib.

rights of bondholders, ib. difficulty supposed to be raised by the above statute, ib.

as to mortgagees, ib. provisions of, as to, ib.

as to each other, ib. recent case of Astbury, App., Henderson, Resp., 514

difficulties which may arise in the event of the funds of facts of, ib.

commissioners proving deficient, ib. arguments in, ib.

letter of “T.J. B." as to, 79 decision of the Court that the land was sufficient to qualify

to quality WIDOW, ELECTION OF, BETWEEN HER DOWER the voter if it were capable of producing 408. a

AND THE PROVISION MADE FOR HER BY year, ib.

WILL. Case of Warbutton v. Warbutton as to, 197 reasons for, ib. others which must lead to the same result, ib.

judgment of Vice-Chancellor Stuart thereon, ib.

review of, ib. true test of value in such cases, ib. reference to cases on, ib.

not supported by authority, 198

other objections to, ib.

WIFE'S EQUITY AGAINST HER HUSBAND'S AS. WAR, RIGHTS OF NEUTRALS DURING A STATE

SIGNEE FOR VALUE. Review of cases as to, 134
OF. Extracts from the work of Messrs. Hazlitt & case of Tidd v. Lister, ib.
Roche as to, 245

rule laid down in, ib. discussion of the question of free ships free goods, 246

decision in, 135 declaration of the Crown as to, ib.

it was decided on the authority of Elliott v. Cordell and liberal spirit of, ib.

Stanton v. Hall, ib. remarks upon, ib.

reasoning on which it was so decided, ib. WARBUTTON v. WARBUTTON, CASE OF, AS TO

it would seem to be supported by the above cases, ib. THE OBLIGATION OF A WIDOW TO ELECT but the authorities are not settled, ib. BETWEEN HER DOWER AND THE PROVI. case of Wortham v. Pemberton, ib. SION MADE FOR HER BY WILL. Review of facts of, ib. Vice-Chancellor Stuart's decision in, 197

judgment of Sir J. L. Knight Bruce, V. C., ib. it departs from established principles, ib.

effect of this decision, ib. throws doubt on decisions of authority, ib.

remarks upon, ib. observations in, on the case of Grayson v. Deakin, ib.

distinction taken between a life interest and a gross sum, supposed misapprehension in that case of the case of Hall

ib. Hill, ib.

absurdity of, ib. examination of that case, ib.

illustrations of this, ib. it shews there was no such misapprehension, ib.

cases of Wilkinson v. Charlesworth and Marsack v. facts of that case, ib.

*Lister, 136 judgment of Lord St. Leonards, ib.

mode in which doctrine stated in, ib. effect of, 198

in this form it is free from inconsistency, ib. some part of it ambiguous, ib.

doctrine in Tidd v. Lister and Elliott v. Cordell unte. has been misunderstood by Vice-Chancellor Stuart, ib.

nable on principle, ib. what was really meant by, ib.

not consistent with authority, ib.

D. 8.

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