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ENGLISH COURTS OF COMMON LAW AND EQUITY,

FROM THE YEAR 1785,
AS ARE STILL OF PRACTICAL UTILITY.

EDITED BY
SIR FREDERICK POLLOCK, BART., D.C.L., LL.D.,

CORPUS PROFESSOR OF JURISPRUDENCE IN THE UNIVERSITY OF OXFORD.

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8 CLARK & FINNELLY; CRAIG & PHILLIPS; 11 SIMONS;

4 YOUNGE & COLLYER, EX. EQ. ; 12 ADOLPHUS & ELLIS:
4 PERRY & DAVISON; B BINGHAM, N. C. ; 8. SCOTT
7 DOWLING.

OF THE OTT

: (NEW YOR

LONDON :
SWEET AND MAXWELL, LIMITED, 3, CUÁNCERY LANE.

BOSTON:
LITTLE, BROWN & CO.

1902.

BRADBURY, AGNEW, & co. LD. PRINTER

LONDON AND TON BRIDGE.

(NEW YORK

PREFACE TO VOLUME LIV.

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The Hastings Peerage case, p. 27, is more or less ejusdem generis with the cases which have quite lately been brought before the Committee of Privileges or the Court of Claims. and have excited much professional and some public interest.

In A.-G. v. Ironmongers' Co., p. 264, the Court had to consider what should be done with a charitable gift for the redeinption of British slaves in Turkey and Barbary.

The law of copyright, though still in a sadly confused form, has made substantial progress in the last sixty years. In Campbell v. Scott, p. 321, we find Campbell, the poet (whose works are now little known except in anthologies), suing the publisher of a pirated anthology and obtaining an injunction. It was seriously argued that copying eighteen pages of his poetry without leave was merely legitimate illustration of a critical essay. The defence was unsuccessful; now it would be impossible. At p. 378 (Heriz v. Riera) there is an example of that strange hybrid between equity and common law, a plea as it was in the old Chancery practice. When applicable, it was an effective weapon; but it needed a draftsman of good judgment and experience to recognize the few occasions when it was safe to use it.

The peculiarities of the tenant's title to chambers in the Inns of Court are exhibited in Doe d. Marchant v. Errington,

p. 730.

With the conclusion of this volume Mr. Campbell, to whose exertions the Revised Reports have been much indebted, retires from the assistant-editorship, and is succeeded by Mr. Arthur Cane, of the Inner Temple. Mr. Cane's familiarity with the reports is witnessed by the historical tables compiled by him in 1895 for the Council of Law Reporting, which speedily went out of print and are now procurable only by good fortune.

re

F. P.

OF THE
NEW YORK

(NEW YORK

JUDGES

OF THE

HIGH COURT OF CHANCERY.

1839–1842.

(2 & 3 Vict.—5 & 6 Vict.)

LORD COTTENHAM, 1836—1841

Lord Chancellor's. LORD LYNDHURST, 1841-1846 . . . LORD LANGDALE, 1836–1851 . .. Master of the Rolls. Sir Lancelot ShadweLL, 1827-1850 . SIR J. L. Knight BRUCE, 1841–1851 .. Vice-Chancellors. Sir James WIGRAM, 1841–1850 . J.

COURT OF QUEEN'S BENCH.

LORD Denman, 1832—1850 . .
SIR JOSEPH LITTLEDALE, 1824—1841 .
SIR John PATTESON, 1830—1852.
Sir John Williams, 1834–1846 .
Sir John T. COLERIDGE, 1835—1858
SIR WILLIAM WIGHTMAN, 1841–1863.

. . Chief Justice.

.. .

.. } Judges. . .

LLIAM WIGHTMA

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