consulting with those best acquainted with the subject, he proposed that the amendment of the Lords should be modi SETON'S DECREES IN EQUITY. 1865. Now complete, in 2 vols. royal 8vo., price 27. 188. cloth, lettered, fied, so that no proceedings should be taken until a certificate and of Orders connected with them. A new Edition, adapted to in writing shall have been received by the Commissioners of her Majesty's Treasury, signed by the major part in number of the persons appointed by her Majesty, under the Courts of Justice Building Act, 1865, to advise and concur with the Commissioners of her Majesty's Treasury, with reference to the plan and arrangements of the buildings to be erected upon the lands hereby authorised to be taken, stating that they are satisfied that the lands to be acquired under this act, of which a plan has been laid before Parliament, are sufficient for all the purposes of the intended new courts and buildings connected therewith; and that the probable cost of the said lands and buildings will not exceed the amount of the funds provided under the Courts of Justice Building Act, 1865, for those purposes. Mr. Selwyn thought the amendment of the House of Lords had introduced into the bill a wise precaution against the looseness of the estimate. The Treasury appeared to have abandoned their duty of guarding the public purse in this matter, and he hoped, therefore, either that the AttorneyGeneral would not press the point at this late hour, or that the matter would be left as the House of Lords had put it. Mr. Ayrton thought that the safeguard proposed by the Attorney-General was quite sufficient. To adopt the Lords' amendment would be a stultification of the Legislature. Mr. Malins would have been more satisfied if the AttorneyGeneral had wholly dissented from the Lords' amendment; but as he proposed a conciliatory course he would not object to it. the present Practice, with Practical Notes. By W. H. HARRISON, of the Court. Third Edition. 2 vols. royal 8vo. 1862. This day is published, in 8vo.. price 17. 18. cloth, COSTS in CHANCERY. A TREATISE on GREENWOOD'S CONVEYANCING. A MANUAL of the PRACTICE of CONVEY ANCING, shewing the present Practice relating to the daily routine of Conveyancing in Solicitors' Offices. To which are added, Concise Common Forms and Precedents in Conveyancing, Conditions of Sale, Conveyances, and all other Assurances in constant use. Third Edition, revised and considerably enlarged. By G. W. GREENWOOD, Solicitor, and HENRY HORWOOD. London: Stevens & Sons, Law Booksellers and Publishers, No. 20, Bell-yard, Lincoln's-inn. SIMON'S LAW RELATING TO RAILWAY ACCIDENTS. HE LAW relating to RAILWAY ACCIDENTS, The Lords' amendment, as amended, on the motion of the SIMON, Esq., Barrister at Law. Attorney-General, was agreed to. The Inland Revenue Bill was read a second time. The District Church Tithes Bill was read a second time. The order for the second reading of the Arrest for Debt NEW CAUSES ENTERED IN TRINITY TERM. COURT OF QUEEN'S BENCH. Derby-Cartwright v. Forman Middlesex-Watts & ors. v. Lewis Sullivan v. Hayward. COURT OF QUEEN'S BENCH. TRINITY TERM, 28 VICTORIÆ.—June 5. This Court will, on Friday, the 16th, and Saturday, the 17th days of June instant, hold sittings, and will proceed in disposing of the cases in the New Trial, Special, and Crown Papers, and any other matters then pending; and will also hold a sitting on Tuesday, the 4th day of July next, for the purpose of giving judgments only. BY THE COURT. NATIONAL ASSOCIATION FOR THE PROMOTION OF SOCIAL SCIENCE.-The Annual Meeting of the Department of Jurisprudence and Amendment of the Law will be held at 1, Adam-street, Adelphi, on Monday, the 19th June, when the Report of the Standing Committee on the proceedings during the year will be presented. Lord Brougham will take the chair at eight o'clock.-The Annual Dinner of the Department is fixed to take place at the " Ship" Tavern, Greenwich, on Saturday, the 24th June, at six o'clock. Members intending to be present are requested to forward their names to the office of the Association. THE BRITISH CONSTITUTION EXPLAINED. In 1 thick vol. Svo., price 17. 48. cloth, HE INSTITUTIONS of ENGLISH GOVERNMENT: being an Account of the Constitution, Powers, and Procedure of its Legislative, Judicial, and Administrative Departments; with copious References to Ancient and Modern Authorities. By HOMERSHAM COX, M. A., Barrister at Law. THE H. Sweet, 3, Chancery-lane, Fleet-street DAY'S COMMON-LAW PRACTICE. The Second Edition, recently published, HE COMMON-LAW PROCEDURE ACTS of 1852, 1854, and 1860. With an Introduction, explanatory of the recent Changes, Notes, Forms of Proceeding, and a copious Index. By J. C. F. S. DAY, Esq., Barrister at Law. In 1 vol. royal 12mo. Price 15s. cloth boards. This Work comprises a carefully-revised Edition of Mr. Kerr's Procedure Acts of 1852 and 1854, the Cases that have been decided since the publication of these Works being added; the Bills of Exchange Act of 1855, and the Decisions upon it; those portions of the Interpleader Act and Mercantile Law Amendment Act which relate to the Procedure thereon in Court or at Chambers, and all the New Rules: thus constituting a complete Practice of the Superior Courts of Common Law. H. Sweet, 3, Chancery-lane, Fleet-street. In 1 thick vol. 8vo., price 17. 8s. cloth boards, A PRACTICAL TREATISE on the LAWS relating THE DECISIONS of the RIGHT HON. LORD EVERSLEY, THE HE DECISIONS of the Right Honourable Lord EVERSLEY, late Speaker of the House of Commons, on Points of Order, Rules of Debate, and the General Practice of the House. time. By the Hon. ROBERT BOURKE, of the Inner Temple, BarThe Second Edition, revised, corrected, and continued to the present rister at Law. H. Sweet 3, Chancery-lane, Fleet-street. Street, in the Parish of St. Giles-in-the-Fields, in the County of TION as CLERK to a BARRISTER or SOLICITOR. Six years' LUSH'S COMMON LAW PRACTICE.-Third Edition, by DIXON. This day is published, 2 vols. 8vo., 46s. cloth, Excellent character from last employer. Address, A. Z., Post Office, LUSH'S PRACTICE of the SUPERIOR COURTS Essex-street, Islington, N. This day is published, in demy 12mo., 1016 pp., price 11. 128. cloth, OGERS on ELECTIONS, ELECTION COM Statutes and Forms. Tenth Edition. With the new Registration Sta- On the 25th June will be published, of COMMON LAW at WESTMINSTER, in Actions and Proceedings over which they have a Common Jurisdiction. With Introductory Treatises respecting Parties to Actions; Attorneys and Town Agents, their Qualifications, Rights, Duties, Privileges, and Disabilities; the Mode of Suing, whether in Person or by Attorney, in Formâ Pauperis, &c.; and an Appendix, containing the authorised Tables of Costs and Fees, Forms of Proceedings, and Writs of Execution. Third Edition. By JOSEPH DIXON, of Lincoln's-inn, Barrister at Law. London: Butterworths, 7, Fleet-street, Her Majesty's Law Publishers. THE LAWS AFFECTING RAILWAYS, BROUGHT DOWN TO THE PRESENT TIME. Now ready, in one thick vol. royal 8vo., price 17. 158. cloth boards, HODGES'S PRACTICAL TREATISE LECTION CASES, 1859-65; being Reports of SIR W. HO of RAILWAYS, RAILWAY COMPANIES, and ELE all the Decisions of Election Committees during the present Parliament. By F. S. P. WOLFERSTAN and S. B. BRISTOWE, Esqrs., Barristers at Law. Price 16s, cloth. A Stevens & Sons, No. 26, Bell-yard, Lincoln's-inn. This day is published, in 32mo., 230 pages, price 28. cloth, lettered, CATALOGUE of MODERN LAW BOOKS, including all the Reports in England, Scotland, and Ireland. By H. G. STEVENS and R. W. HAYNES, Law Booksellers and Publishers. Stevens & Haynes, 11, Bell-yard, Temple-bar. RAILWAY INVESTMENTS. With an Appendix of Statutes, Forms, &c. The Fourth Edition. By CHARLES MANLEY SMITH, Esq., of the Inner Temple and Midland Circuit, Barrister at Law. * The great and increasing interest in everything relating to Railways now manifested by the public, have created such a demand for this valuable work, that the Publisher has been induced to have a new Edition of it prepared. This Edition comprises the important Statutes passed in the Session of 1864, as well as the Standing Orders for the Session of 1865, in addition to the numerous Decisions of the Courts, both of Law and Equity, since the last Edition was published, and such of the Rules of the London Stock Exchange as are applicable to Railways, as amended up to 1864. The task of preparing and conducting through the press this new Edition has been a really arduous one; but no pains have been spared by the learned Editor (whose work on the Law of Master and Servant is well known, not only in Westminster Hall, but also in Ireland, Scotland, and America), to make the work complete; and the Publisher believes that he can with confidence recommend it to all persons interested in Railways, especially Directors, Secretaries, and shareholders, as the most complete work on Railway Law yet offered to the public. The English and Irish Railway Clearing Acts have also been added to THE LAW of COSTS, especially as administered this Edition. in COURTS of EQUITY. By JOHN ADAIR, Esq., A. M., Earrister at Law. Dublin: E. Ponsonby, Law Bookseller and Publisher, 116, Graftonstreet. London. H. Sweet, 3, Chancery-lane. This day is published, vol. 1, price 11. 118. 6d. cloth, THE HE PRACTICE of the HIGH COURT of CHANCERY, with some Observations on the Pleadings in that Court. By the late EDMUND ROBERT DANIELL, Barrister at Law. Fourth Edition, with considerable Alterations and Additions, incorporating the Statutes, Orders, and Cases to the present time, and Braithwaite's Record and Writ Practice; together with References to a Companion Volume of Forms and Precedents. By LEONARD FIELD and EDWARD CLENNELL DUNN, Barristers at Law, with the assistance of JOHN BIDDLE, of the Master of the Rolls' Chamters. In 2 vols. Vol. 2, and the Companion Volume of Forms, will be published is Michaelmas Term. Stevens & Sons, No. 26, Bell-yard, Lincoln's-inn. THE H. Sweet, 3, Chancery-lane, Fleet-street. HE PROFESSION MAY SAVE SIX SHILLINGS IN THE POUND by purchasing their OFFICE PAPERS at PARTRIDGE & COZENS, WHOLESALE STATIONERS, ACCOUNT BOOK MAKERS, and DEALERS in PARCHMENT, 192, Fleet street, corner of Chancery-lane, London, E. C. Carriage paid to the Country on Orders exceeding 20s. PARTRIDGE & COZENS, as well as being bonâ fide Manufacturers of many of the best qualities of Writing Papers, are the Sole Agents in London for some of the Largest Paper Makers in the Kingdom, therefore beg to impress upon their patrons the advantages they are enabled to offer them (unattainable by other houses), viz. supplying the public with "papers direct from the miils" at one profit only-being at least 30 per cent. under the usual RETAIL charges-as the intermediato proft is saved to the purchaser. Draft Paper, 6s., 7s., 78. 9d., and 98. per ream. Large Cream Laid Note, 48., 6s., and 7s. 6d. per ream. Envelopes, Cream, Blue, or Buff, 2s. 9d., 38. 6d., and 4s. 6d. per 1000. Letter Copying Press (warranted), 25s.; Good Stand for ditto, with two Drawers, 178. Parchment, best Quality. Indenture Skins, Printed and Machine-ruled to hold twenty or thirty folios, 1s. 6d. each, or 17s. per dozen. Seconds or Followers, Ruled, 18. 4d. each, or 15s. per dozen. Ledgers, Day-books, Cash-books, Letter or Minute-books, an immense stock in various bindings. An Illustrated Price List of Inkstands; Postage Scales; Writing-cases; Despatch Boxes; Oak and Walnut Stationery Cabinets; and other useful articles adapted for Library or Office, post-free. PARTRIDGE & COZENS, 192, Fieet-street, E. C. By J. HOWARD, Barrister at Law. Barker v. Venables.-(Practice-Vendor and purchaser-Death of vendor before completion-Costs of infant heir-Trustee) ........ COURT OF QUEEN'S BENCH. By C. W. LOVESY, Barrister at Law. Jones v. Morris.—(Debtor and creditor-Trust deed —Release—Bankruptcy Act, 1861 (24 § 25 Vict. c. 134), sect. 192)..... Sumner and Others v. Bromilow and Others.—(Landlord and tenant-Fixtures, right of tenant to remove).. COURT OF COMMON PLEAS. By E. BULLOCK, Barrister at Law. Hunt and Another v. Harris.-(Metropolitan Building Act, 1855 (18 & 19 Vict. c. 122)-OwnerLessee for years—Sub-lessee)... By H. RUTHERFURD, Barrister at Law. Day, App., Simpson, Resp.-(" Stage play”—License under stat. 6 & 7 Vict. c. 68-Image of actors reflected on the stage).. Phillips v. im Thurm.—(Bill of exchange-Fictitious payee-Acceptance supra protest, for honour of drawer)...... COURT OF EXCHEQUER. By W. BRANDT, Barrister at Law. 480 481 481 485 487 489 Martin v. Gribble.-(Bankruptcy Act, 1861, sect. 192 -Conditional right to composition).. 490 Gurrin v. Kopera.—(Bankruptcy Act, 1861, sect. 192) 491 CROWN CASES RESERVED. By G. FRANCIS, Barrister at Law. Reg. v. Bernard Edward Mullany.—(Perjury-Materiality of evidence) 492 NOTICE. The Office of THE JURIST is removed to No. 39, BELL YARD, TEMPLE BAR, W. C., where all communications for the Editor are requested to be addressed. A Orders for Advertisements, and Letters on business matters, to be addressed to the Publisher as above. TREATISE with CRE- DEI This day is published, price 78. cloth boards, DITORS under the BANKRUPTCY ACT, 1861. With Precedents. To which are added, the Sections of the Bankruptcy Acts, 1849 and 1861, and the Rules and Orders relating thereto. With a full Index. By WILLIAM DOWNES GRIFFITH, Esq., of the Inner Temple, Barrister at Law. H. Sweet, Chancery-lane; Stevens & Sons, No. 26, Bell-yard, Lincoln'sinn. EBENTURES at 5, 5, and 6 per Cent.CEYLON COMPANY (Limited). SUBSCRIBED CAPITAL, £500,000. DIRECTORS. CHAIRMAN-LAWFORD ACLAND, Esq. Major-General HENRY PELHAM BURN. HARRY GEORGE GORDON, Esq. GEORGE IRELAND, Esq. DUNCAN JAMES KAY, Esq. STEPHEN P. KENNARD, Esq. PATRICK F. ROBERTSON, Esq. ROBERT SMITH, Esq. THE JURIST. LONDON, JUNE 17, 1865. LORD WESTBURY'S bill to confer on the county courts a limited jurisdiction in equity, as it has been sent down to the Commons, after amendment in committee of the Upper House, would hardly be recognised by its framer. It no longer provides that the county courts shall have all the powers of the Court of Chancery, except certain powers, trusting to Providence for the sufficiency of the exception. It no longer, in a variety of matters, authorises proceedings to be commenced in any one of the fifty-nine county courts at the option of the person instituting them, without regard to the place of abode of any of the parties concerned, or the situation of the subjectmatter. It no longer gives jurisdiction in discovery, in perpetuating testimony, in regulating the custody of infants, in taxing solicitors' bills, in granting injunctions in certain matters of contract, and in restraining infringements of patents or copyrights, without limit as to the magnitude or nature of the interests to be affected. It is, in short, very much less absurd and mischievous than it was in its original form. But it is still very absurd, and very mischievous. In the original bill it was proposed, that in a suit for recovering money, the amount sought to be recovered should not exceed 1001, or in case of a mortgage 3001; or if the object were to distribute an estate or fund, the total amount or value should not exceed 5001.; or if title to or waste upon "lands, tenements, or hereditaments" were in question, the annual value should not exceed 201.; but if the subject were partnership, the gross assets should not exceed 5007., and if it were a contract of sale, the value of the property should not exceed 3001. This characteristic motley has been rejected by the committee, and the amended bill mentions no other limit in point of amount than 5007. It is now proposed to give to the county courts equitable jurisdiction in the following matters: 1. In suits by creditors, legatees, devisees, heirs-atlaw, and next of kin, in respect of an estate not exceeding in amount or value 5007. 2. In suits for the administration of a trust of an estate not exceeding, &c. 3. In suits for foreclosure or redemption of, or for enforcing a charge or lien on, property not exceed ing, &c. 4. In suits for enforcing or setting aside a contract for the purchase of property not exceeding, &c. junctions for relief in any matter in which jurisdiction is given by the act. 50%. When the county courts were first established to enforce legal demands of a simple nature, their jurisdiction was limited to cases in which the claim did not exceed 201. The limit has since been extended to 50l. The theory on which the limitation was made, and by which the appointments of the judges have been regulated, is, that either on account of the probable simplicity of the claims, or of their comparative unimportance, it would not be necessary to engage the most learned and able men to preside over these courts. But it has hitherto been thought, and still appears to be thought, unsafe to entrust these judges with power to decide in simple legal claims exceeding That being so, and the judges being, with very few exceptions, men who never practised or even studied in equity, it is now proposed to retain the old limitation of 501. in legal claims, which they may be presumed to understand, and to give them an entirely new jurisdiction to the extent of 500l. in equitable matters, which it is certain they do not understand, and which it is exceedingly improbable that they ever will understand, even after the lapse of that month of September, 1865, which the bill expressly gives up to them (sect. 20), we presume, for study. What sort of equity will grow up in fifty-nine county courts, not only unconnected by a common bar, but absolutely without any bar, and for the most part profoundly ignorant of the very elements of equity? The confusion of equity which our learned Chancellor so earnestly desires will quickly be realised within the limit of 5001. No one deems it worth while to report the decisions of the county courts; nor would they be any more worth reporting if the jurisdiction were extended; nor, if reported, would or could any use be made of the reports. We should have, therefore, a host of little vice-chancellors administering equity throughout the kingdom, to the extent of 500l. per cause, each according to the measure of his own foot; so that no solicitor or counsel could advise any man as to his rights in any matter of equitable jurisdiction within the limit of 5001. The existing staff of county court judges and their doings have not given such perfect satisfaction to the community as to justify any extension of their authority; and the great objection to the measure is one which equally applies to the county court system as it exists. Justice cannot be duly administered in small cases, except by judges who are frequently engaged in administering it in important cases, giving occasion for the discussion of legal principles and their application by able counsel, and subject to revision on appeal. Nothing but extreme poverty can excuse a State from providing a sufficient number of duly qualified judges for the despatch of all its judicial business. What is wanted is a provision for the gradual change of the present system into a general administration of law and equity throughout the country in all matters, whether of large or of small amount, by one staff of judges, with their 8. In proceedings for orders in the nature of in-officers, in adequate number, equal, in point of abi 5. In proceedings under the Trustee Acts or the Trustee Relief Acts, in respect of a trust estate or fund not exceeding, &c. 6. In proceedings relating to the maintenance or advancement of an infant whose property does not exceed, &c. 7. In suits for dissolution or winding up of a partnership, the whole property, stock, and credits of which shall not exceed, &c. lity and experience, to the present judges and officers of the superior courts, and equally well paid. Of these judges a sufficient number should be appointed to sit in country districts, interchanging their districts, at intervals of six or twelve months, for others in the country or in town, so as to avoid as much as possible local influence and prejudice. In each district the judge or judges should take the whole of the civil business of the district, subject to regulations for the conduct of administrative business and the decision of matters of minor importance by officers of the court answering to the present masters of the common-law courts and chief clerks of the equity courts, and to a provision for separate sittings to hear cases not conducted by counsel; and every judge should in rotation sit in banco. The law and equity and practice of judges who are habitually confined to petty cases will fall to as low a level. But a court whose judges and officers are accustomed to the consideration and conduct of weighty matters, and who are constantly assisted, watched, and controlled by the most eminent practitioners in both branches of the profession, will maintain consistency and uniformity in the principles and administration of the law. In the meantime, if there is any pressing need for supplementing the existing jurisdiction of the equity courts in small matters (which we doubt), the plan might be adopted which was suggested in a former article, of establishing provincial branches of the Court of Chancery, to be administered, under central control, by competent clerks. THESE are both good and carefully prepared guides to the construction and application of one of the most obscure acts of recent legislation. Mr. Brown's more systematic and elaborate work will probably be found the best aid to a patient study of the act; Mr. Hanson's the most convenient for reference in practice. Mr. Brown treats, in successive chapters, of the policy, frame, object, and interpretation of the statute; of its time of commencement, and retrospective operation; of successions; of predecessors and successors; of the duties; of the powers of trustees; of the practice and procedure in the inland revenue office, and on appeals; of costs; and of the rights and duties of vendor and purchaser in relation to succession duty-a subject not touched upon by Mr. Hanson. He also prints the act in a novel form (probably suggested by Mr. Coode's Analysis of an Enactment), exhibiting in separate paragraphs the component parts of each enactment, and distinguishing by a different type the leading words. Mr. Hanson's work, which is in the form of a reprint of the act, with annotations, has the recommendation of being smaller, more recent by six months than its rival, and of being the fruit of considerable experience, the author having been engaged in most of the English cases as junior counsel for the Crown. While Mr. Hanson is careful not merely to state 1865. with accuracy the circumstances of each case, but to bring out distinctly the reasoning or principle upon which the decision proceeded, he abstains entirely from criticism, and leaves his reader to form his own conclusion as to the soundness of the decision. There is little criticism in Mr. Brown's work; but as he undertakes the defence of the doctrine in Lovelace's case, Wallop's Trust, and Capteveille's case, which has been so much censured, we may infer, from his silence in regard to other cases, that he approves of them. Now, we think that in thus stating without comment many decisions, which, if not erroneous, have certainly not been generally approved of, both writers have mistaken their duty. In dealing with a subject like Lord Westbury's too famous "arrangement clauses"— equally muddled in conception and in expression-all that can be done is to ignore the enactments, and to hold by the decisions. But the Succession Duty Act, with all its faults, cannot be so treated. The design of it was clearly conceived, and has, on the whole, been consistently expressed. There are a few omissions; but the fault of the act is rather obscurity than incompleteness; while, so far as yet appears, it is free from inconsistency. If in applying such an act the Courts occasionally go wrong, and their decisions conflict with the principle and true interpretation of the enactments, the only possible result must be, that the erroneous decisions, as they can never be engrafted on the act, will sooner or later be overruled. It is the duty of a writer on the subject to forward the result by temperate criticism. We propose to devote our remaining space to an examination of the decisions in The Attorney-General v. Gardner (1 H. & C. 639; 9 Jur., N. S., part 1, p. 281) and The Attorney-General v. Yelverton (7 H. & Norm. 306; 7 Jur., N. S., part 1, p. 1250), on which neither Mr. Hanson nor Mr. Brown makes any comment. The question in The AttorneyGeneral v. Gardner arose under the marriage settlement of the Marchioness of Townshend, made in the year 1807, by which the lady's father, W. D. Gardner, settled a fund, upon trust for the husband and wife successively for life; then for the children; and in deappoint; and in default of appointment, for her absofault of children, upon such trusts as the wife should lutely. Under a provision in the settlement, the fund was sold, and an estate was purchased with the proceeds, and conveyed to corresponding uses. In 1808 the marchioness, by deed, appointed the estate, after the death of herself and her husband without issue, to such uses as her father, W. D. Gardner, should appoint; and in default of appointment, to him in fee. The father in 1831 made his will, devising the estate to the defendant (a stranger in blood) for his life, with remainder to his first and other sons in tail, and died shortly afterwards. The marchioness survived her husband, and died, without issue, in 1858. The Court decided that the defendant must pay succession duty at 107. per cent., as on a succession from his testator. The case turned upon the 2nd and 15th sections of the act. The 2nd section enacts, "that every past or future disposition of property, by reason whereof any person has or shall become benefically entitled to any property, or the income thereof, upon the death of any person dying after the time appointed for the commencement of this act," and every devolution by law of a like interest, upon a like death, either in possession or in expectancy, "shall be deemed to have conferred, or to confer, on the person entitled by reason of any such disposition or devolution, sion;' and the term successor,' shall denote the person so entitled; and the term 'predecessor' shall denote the settlor, disponor, testator, obligor, ancestor, or other person from whom the interest of the successor is or shall be derived." In the case under considera a 'succes |