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"This work, as far as we are able to judge, appears well and carefully got up. Mr. Ludlow has evidently taken great pains with the notes." Law Magazine, No. 22. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. RATING OF RAILWAYS. lections and Drafts of actual Practice, forming a System of Convey-A SUMMARY of the LAW as applied to the RATING ancing; with Dissertations and Practical Notes. By the late W. M. BYTHEWOOD, Esq., continued and completed by THOMAS JARMAN, Esq., of the Middle Temple, Barrister at Law. The Third Edition, very considerably enlarged, by GEORGE SWEET, Esq., Barrister at Law. In 1 vol. royal 8vo., price 18s. cloth boards, A SUPPLEMENT to JARMAN & BYTHEWOOD'S CONVEYANCING, Title "Purchase-deeds;" containing the recent Statutes relating to the Practice of Conveyancing, including the Trustee Act, 1850, the Stamp Act, and the Attendant Terms Act. With a Summary of the Stamp Laws, Precedents of Conditions of Sale, copious Notes, and an Index. By GEORGE SWEET, Esq., of the Inner Temple, Barrister at Law. In I vol. complete, price 18s. in boards, of RAILWAYS and other Undertakings, extending through several Parishes, with the Judgments in the Cases of the London, Brighton, and South-coast; the South-eastern; and the Midland Railway Companies, delivered February 22, 1851. And Notes of all the Cases hitherto decided by the Court of Queen's Bench on the subject of Railway Rating; and some Observations on the Practical Mode of assessing a Railway. By HENRY JOHN HODGSON, Esq., of Lincoln's-inn, Barrister at Law, Recorder of Ludlow. "To shareholders and ratepayers, as well as to lawyers, the work before us will be found to be useful, and we can recommend it as being an extremely clear and accurate statement of the subject on which it professes to treat."-Jurist, No. 750, May 24, 1851. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. MILLER'S NEW ORDERS IN CHANCERY to 1850. THE RIGHTS and LIABILITIES of HUSBAND and THE CHANCERY ORDERS from MAY, 1845, to WIFE: comprising-1. The Contract of Marriage. 2. The Rules of Property thence arising. 3. Wife's Debts, Equities, and Necessaries. 4. Husband's Powers and Responsibilities. 5. Marriage Settlements. 6. Separate Use. 7. Deeds of Separation. 8. Custody of Children. 9. Divorce. 10. Practice on Acknowledgments of Deeds by Married Women. By JOHN FRASER MACQUEEN, Esq., of Lincoln's Inn, Barrister at Law, Author of "The Appellate Jurisdiction of the House of Lords and Privy Council, and the Practice on Parliamentary Divorce." JUNE 3, 1850; with Notes and Explanatory Observations, a Statement of the Practice, and an Index. By SAMUEL MILLER, Esq., Barrister at Law. Intended as a Supplement to the Second Edition of the Orders from 1800 to 1845, by the same Author. * The work may be had complete with the Supplement, price 14s. bds. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. SUPPLEMENT TO DANIELL'S CHANCERY PRACTICE. Just published, in 8vo., price 10s. boards, The Second Part, which completes the Work, may be had sepa- ALL the STATUTES and ORDERS that have occurred rately, is just ready, price 88. boards. A TREATISE on the LAW of EQUITABLE MORTGAGES, containing a Statement of the Law respecting the Liens of Vendors and Purchasers, of the Rights and Remedies of Equitable Mortgagees by Deposit of Deeds, of the Effect of Notice with regard to Equitable Mortgages, of the Priority of Judgments over Equitable Mortgages; with Observations on the Dictum of Lord Cottenham, and the since the date of the last Edition of the Practice; with Notes, and an Explanation of the Manner in which the Statutes, Orders, and recent Decisions have altered the Practice. By T. E. HEADLAM, Esq., M.P., Barrister at Law. Stevens & Norton, Bell-yard, Lincoln's-inn. TILSLEY ON THE STAMP LAWS.-SECOND EDITION. With the Act 13 & 14 Vict. c. 97, and New Tables of Duties. 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Just published, in 2 vols. royal 8vo., price 21. 158. cloth, SELECTION of LEADING CASES in EQUITY; A with Notes: in 2 vols. Vol. 1-By FREDERICK THOMAS WHITE and OWEN DAVIES TUDOR, of the Middle Temple, Esqrs., Barristers at Law. Vol. 2-By OWEN DAVIES TUDOR, of the Middle Temple, Esq., Barrister at Law. In 2 vols. royal 8vo., price 27. 12s. 6d. boards, SMITH'S LEADING CASES.-THIRD EDITION.-A Selection of Leading Cases on various branches of the Law, with Notes. By JOHN W. SMITH, Esq., of the Inner Temple, Barrister at Law. Third Edition. By H. S. KEATING, Esq., and JAMES S. WILLES, Esq., of the Inner Temple, Barristers at Law. In 1 vol. 12mo., price 12s. cloth, thereon, intended as a Court and Circuit Companion. The Second Edition, containing all the Statutes of practical utility in the Civil and Criminal Administration of Justice to the present time. By W. N. WELSBY and EDWARD BEAVAN, Esqrs., Barristers at Law. 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"The wording of the latter portion of this section is very general, and upon first examination would seem to include any pecuniary legacy not exceeding in amount the sum of 20%., (now 50%.) But let us first inquire A QUESTION, not without practical importance in the present state of our judicature, has been suggested to us by a correspondent, viz. whether the Court of Chan-what was the state of the law when this statute came cery has power to restrain a husband from suing in a county court, to recover a legacy left to his wife. The arguments suggested in favour of the interference of equity are as follows: "Before the county courts came into operation, the ecclesiastical courts and the courts of equity had jurisdiction to decree and enforce the payment of a legacy, unless the executor had assented thereto; but it was, and still is, a rule of the latter courts, in the event of a legacy being left to a feme coverte, and the husband suing for it in the ecclesiastical court, to restrain him from doing so, for the simple reason that that courti. e. the ecclesiastical court-cannot compel him to make any settlement on his wife in consideration of the legacy received by him. into operation. At that time no court of common law had jurisdiction in legatory matters, (unless, indeed, the executor had first assented to the bequest), and no such jurisdiction was vested in any court of legislative creation; the spiritual court had originally an exclusive jurisdiction; but subsequently, upon a ground that we shall hereafter see, the courts of equity gained a concurrent jurisdiction, and indeed something more, viz. to restrain the adjudication of the ecclesiastical judge. Such jurisdiction was originally gained on the ground that the relief afforded by the ecclesiastical court was defectivethat complete justice could not be dealt out to the parties, or rather to a party who was only before the court by representation of her husband: not that the jurisdiction of the spiritual court was ill founded, or badly "Thus far the jurisdiction is too well settled to admit defined, but simply because the remedy there adminisof doubt-i. e. so far as extends to spiritual courts-tered was inadequate to the due discharge of justice, or but does it not also extend to the newly-created county courts? In order to answer this question, as well as to shew the reasons upon which that answer is founded, let us first look to the section of the act investing these courts with jurisdiction in legatory matters. By sect. 65 of the 9 & 10 Vict. c. 95, it is enacted, that the jurisdiction of the county courts under this act shall extend to the recovery of any demand not exceeding the sum of 201., [afterwards extended to 50%.], which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of a distributive share under an intestacy, or of any legacy under a will. VOL. XVI. B averse to the interest of an innocent party not completely represented. "Such was the foundation of the equitable jurisdiction, and such it still remains, unless the words of this statute control its efficacy, or alter or partially abrogate it. But there appears nothing which expressly, or perhaps impliedly, infringes upon the equitable jurisdiction: the statute does not say that the authority of those courts shall be taken away, altered, or limited; it simply gives a new remedy; it says, in so many express words, that a legacy to a certain amount shall be recoverable.' The question then arises, by whom, and under what (if any) restriction? There is nothing that points to the proper parties to sue, or even refers to them, or abridges or extends the remedy for the recovery, or varies the vesting of the legacy when recovered. Equity attaches a certain restriction on the husband if he seeks to recover it: there is nothing in this statute limiting this restriction: the Court of Chancery consults the intention of the donor, and inquires who is, in fact, the object of his bounty; and when that is discovered, it will control the husband's legal remedy, or, in other words, ingraft upon it certain equitable rights, which will render the relief somewhat more conformable to the evident intention of the testator, and not allow his bounty to be diverted into a foreign channel. "It will, no doubt, be contended on the other side, that to hold that the Court is invested with such an authority, would be, in effect, to consider the equity judge capable to alter, or partially repeal, the express provisions of the Legislature; or, at least, to ingraft upon it such provisions as to annul their beneficial effect, by materially curtailing the jurisdiction of the county court judge. "But to this it may be answered, that such jurisdiction must be exercised according to the well-established rules of law and equity which are at present existing, and which must, consequently, be judicially noticed by inferior tribunals until they are abrogated. Moreover, the mere fact of conferring a degree of authority or jurisdiction on a newly-created tribunal does not, per se, displace the former jurisdiction. The new remedy is merely cumulative, and not destructive of the old. "Take the case of interpleader, or the still more recently acquired right by the courts of common law to grant a discovery, in which formerly the courts of equity had almost exclusive jurisdiction; but the fact of courts of law subsequently gaining a concurrent jurisdiction was not sufficient to oust their right to decree the sought-for relief or discovery. "So, in the case we are considering, is not the remedy subject to the former rules of law, by which it was qualified, and rendered more conformable to natural reason and justice? "It is not contended that a legacy cannot be recovered in these courts-upon this the statute is express -but that, in the particular case of a legacy left to a feme coverte, there is a certain well-defined rule of property of which the inferior judge is bound to take notice: that he has not sufficient machinery to carry that rule into effect: that a partial administration of justice (that is, so far only as the husband is concerned) would work a manifest hardship, as well as control a well-established rule: that it would, in effect, control the authority of courts of equity: that, had it been the intention of the Legislature to have controverted such rule or controlled such power, they would expressly have said so: that, in the absence of such express declaration, it cannot be assumed that it was the legislative will to revoke rights so long vested in the suitor, or authority so long exercised by the court. "On the other hand, it may further be contended, that by the County Courts Extension Act, the power of the Court of Chancery to restrain proceedings in those courts is, if it ever existed, virtually taken away; but that act (sect. 22) says, that the judges of the superior courts of common law' shall have jurisdiction, not that the judges in equity shall not. There is, in fact, nothing express upon this subject in either statute, and to subvert a rule of equity of such practical importance, implication alone cannot be resorted to." The point discussed by our correspondent is, as we have observed, not unimportant. As the jurisdiction of the county courts extends now to 501., a sum of material amount to families in humble circumstances, it might be of great value to such persons to have it established, that a proceeding by a husband in the county court, to recover his wife's legacy, may be restrained, unless he consents to make out of it some provision for his wife. We incline, however, rather to think that the County Courts Act did intend to prevent such equitable jurisdiction. In the first place, the statute in which the definition of the jurisdiction of the county courts is found, is the original statute, in which the amount recoverable is limited to 201.; and it is scarcely possible to suppose, that even if equity would direct a settlement of the whole of the wife's property-which, except under special circumstances, it never does-the Legislature intended to subject to the machinery of a settlement, and investment in the names of trustees, a sum productive of so small an annual income as about 13s. per annum. But supposing that we are not to gather the intention from the original County Courts Act alone, but from both acts with reference to the larger sum of 50%.,— which unquestionably would, in many families in humble life, be worth securing, under some restrictions, for the advantage of the wife and children,-still, we apprehend, first, that the words of the statute are too strong to be construed as admitting any interference of equity; and, secondly, that if the words were less clear, the general intention of the statute does oust any equitable interference. The words are, the recovery of " any legacy." Now, if the husband could be restrained from proceeding to recover his wife's legacy, it would not be true that the court had jurisdiction to give the recovery of any legacy, since the only person having any title to sue would be the husband; and if he could be stayed, the legacy would not be recoverable at all in the county court. But further, it must be gathered that the Legislature did intend that this particular kind of legacy should be included in the jurisdiction. For whether the jurisdiction of equity would or would not extend to stay, in the superior courts, an action at law by a husband for recovery of his wife's legacy, it is not called in aid to prevent such proceeding. The rule of common law is, that a court of law will not itself entertain an action by a husband to recover his wife's legacy-not that such an action will lie, subject to the party to it being personally restrained from proceeding by equitable interference; (Deeks v. Strutt, 5 T. R. 690); in which case it was held that the courts of law have not such jurisdiction. (See also the cases referred to in 2 Wms. Exors. 1373). Therefore, if in the superior courts an action at law does not lie, the Legislature, in the County Courts Act, saying that an action in the county court shall lie, plainly means to give a new common-law jurisdiction, |