Page images
PDF
EPUB
[blocks in formation]

how they should be framed, ib.

questions which a party is not bound to answer, ib.
forms of interrogatories, ib.

how answers should be framed, ib.

DIVORCE COMMISSIONERS, NEW COURT OF
DIVORCE RECOMMENDED BY, 77
procedure of, ib.

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

proposal to take divorce cases to the courts of common
law, 78

this is the more judicious course, ib.

it is desirable to put husband and wife on the same foot-
ing as to divorce, ib.

recommendations of commissioners on this subject, ib.
distinction laid down in, as to divorce to husband and not
to wife, ib.

no sufficient reason for, ib.
DOWER OF WIDOW, OBLIGATION TO ELECT
BETWEEN, AND PROVISION MADE FOR
HER BY WILL. Recent case of Warbutton v. War-
button as to, 197

review of Vice-Chancellor Stuart's decision therein, ib.
authorities on this subject, ib.

the above decision is not in accordance with, 198
other objections to, ib.

ECCLESIASTICAL COURTS, JURISDICTION OF,
IN MATRIMONIAL AND TESTAMENTARY
CAUSES. Proposed transfer of, to the civil courts, 30
observations on, 30, 31

history of the acquisition of, by those courts, 37, 38
it shews that the reasons on which it proceeded have
ceased to exist, ib.

EDUCATION, LEGAL, PRESENT SYSTEM OF. Re-

[blocks in formation]

EQUITABLE DEFENCES, &c.-(continued).
remarks upon, 498

provisions of sect. 86, ib.

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
upon, 29

failure of, ib.

impossibility of improving, ib.

principles by which this subject ought to be 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

EVIDENCE, SUMMING UP THE, PRACTICE AS TO,
UNDER THE COMMON-LAW PROCEDURE
ACT, 1854. Remarks upon, 453

necessity for the Bar to come to an arrangement as to,
454

EXAMINATION OF STUDENTS FOR THE BAR,
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

for Hilary Term, 1855; rules for, 487

EXAMINER OF THE COURT OF CHANCERY. On
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.
the rule is said to be the effect of, ib.
statute ought to be amended, ib.
results which it produces, 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

EXPOSITION OF THE LAND TAX, ITS ASSESS-
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

[blocks in formation]

case of Reg. v. Sharman, ib.

FORMS OF PROCEEDINGS UNDER THE COM-
MON-LAW PROCEDURE ACT, 1854, CON-
TAINED IN THE SCHEDULE TO THE GE-
NERAL RULE OF MICHAELMAS VACATION,
1854; 466-471

writ of inquiry to ascertain the expense incurred by the
doing of an act, and for the doing of which a man-
damus was issued, 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
injunction under sect. 79 of the act, ib.

FORTY-SHILLING FREEHOLD UNDER 8 HEN. 6,
c. 7, TO QUALIFY FOR VOTING IN ELEC.
TIONS OF MEMBERS OF PARLIAMENT.
What constitutes, 513

recent case on this question, 514
remarks upon, ib.

FRAUD, EFFECT OF, IN GIVING POWER TO A
MARRIED WOMAN TO CHARGE PROPERTY
OVER WHICH SHE HAS ONLY A GENERAL
POWER OF APPOINTMENT. Recent decision as
to, 253
remarks upon,

ib.

probable results of, 254

[blocks in formation]

FUSION OF LAW AND EQUITY, &c.-(continued).
partnership, 441

administration of assets, ib.

and of the estates and persons of lunatics, ib.
these are still left to Courts of equity, 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 judi-
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.

GAMBLING TRANSACTIONS, BILLS OF EXCHANGE
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
forms of proceedings under, ib.

issue of fact to be tried by a judge without a jury, ib.
subpoena thereon, ib.

Nisi Prius record therein, ib.
posteas thereon, 466, 467
judgment for the plaintiff, 467
execution thereon, ib.

writs of execution where the court or a judge decides on
matters of account, ib.

where matter of account is referred to and decided by an
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.

[blocks in formation]

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
appear, ib.

ca. sa. in like cases, ib.

[blocks in formation]
[blocks in formation]

will be granted, 354

when not, ib.

review of cases as to, ib.

general rules in cases of doubtful illegality, 367
difficulty of determining, ib.

propositions apparently justified by the authorities, ib.
INCOME TAX. Letter of "A Barrister" as to, 136
INFRINGEMENT OF PATENT, INJUNCTION TO
RESTRAIN. Rules as to granting, 377
principle on which equity interferes, ib.

INJUNCTION AND ACCOUNT UNDER THE PA-
TENT-LAW AMENDMENT ACT, 1852. Power

of Court of law to grant, after verdict, with nominal
damages, 185

difficulty of this question, 186

INJUNCTIONS AGAINST WRONGFUL ACTS OF A
SPECIAL NATURE, intended to be included in the
79th section of the new Common-law Procedure Act,
337

cases to which this remedy applies, ib.
principles on which it is administered, ib.

[blocks in formation]

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

cases in which the Court will send the patentee to law
first, 442

rule where patent is of long standing, ib.

[blocks in formation]

grounds of, 293

examination of them, ib.

effect of is, that a foreigner must publish in this country,

ib.

[blocks in formation]

INTOXICATION, INSTRUMENTS OBTAINED UN-LAW,
DER THE INFLUENCE OF, INJUNCTION TO
RESTRAIN PROCEEDINGS ON. When it will
be granted, 366

[blocks in formation]

206

suggestions as to, by Bacon, 207
conclusion, ib.

LAW AND EQUITY, FUSION OF, PROGRESS
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,

[blocks in formation]

QUESTION OF. Remarks

[blocks in formation]

marks upon, 429

LEGAL PROFESSION, PRESENT STATE OF. Re- MARRIAGE BROCAGE CONTRACTS, INJUNCTION
TO STAY PROCEEDINGS ON. Rules as to
granting, 366

it is disheartened, ib.

and demoralised, ib.

influences which have led to this, ib.

not attributable to the county court system, ib.

this will now be adjusted, ib.

true reason is the magnitude of the task which the con-
scientious advocate must perform, ib.

numerous reports and statutes which must be mastered,

ib.

[blocks in formation]

necessity for, ib.

ib.

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

[blocks in formation]

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.

benefits which would result from such a reform carried MATRIMONIAL CAUSES, PROPOSED TRANSFER

out on a sound basis, ib.

LETTERS-PATENT FOR INVENTIONS, A TREATISE

ON THE LAW AND PRACTICE RELATING

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

LIFE ASSURANCE NOT A CONTRACT OF INDEM-
NITY. Recent decision in the Exchequer Chamber as
to, 485, 486

case of Godsall v. Boldero overruled by, ib.

LIMITATIONS, STATUTE OF, 3 & 4 WILL. 4, c. 27,
BAR OF CHARITABLE TRUSTS BY. Remarks
upon, 167

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

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

principle of, ib.

proposition on this subject involved therein, ib.

cases on this subject, 167-169

review of decisions therein, ib.

observations thereon, ib.

[blocks in formation]

LIVERPOOL PASSAGE COURT. Order in Council of
the 27th November, 1854, as to, 500
LOCAL AND PERSONAL ACTS DECLARED PUBLIC,
AND TO BE JUDICIALLY NOTICED, 17 & 18
VICT., SESS. 2. Titles of, 446, 456, 474, 488
LORD CAMPBELL'S ACT, 9 & 10 VICT, c. 93. Effect
of, on the law as to actions for personal injuries, 1
anomalous state of the law prior to, ib.
difficulties in administering the law under, ib.
review of cases, ib.

[blocks in formation]
[blocks in formation]
[blocks in formation]

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
Country Solicitor" as to, 176

MORTMAIN, PROPOSED BILL TO CONSOLIDATE
AND AMEND THE LAWS OF, AND THE LAWS
REGULATING GIFTS TO CHARITABLE AND
RELIGIOUS PURPOSES. Outline of the provi-
sions of, 165

« PreviousContinue »