sence. This is often exemplified in cases of libel or conspiracy, especially such as are seditious in their character. A man may be indicted either where he writes the libel and sends it for publication, or where it is published by his direction-either where he forms the seditious or treasonable conspiracy, or where the overt acts are committed. This was exemplified, as regarded seditious libel, in the case of Sir F. Burdett, where, indeed, it was at first doubted whether a libel be triable in any county but that where the publication took place. (Rex v. Burdett, Bart., 3 B. & Al. 717; 4 B. & Al. 95). But it is now held, that where a defendant writes and composes a libel in one county, with an intent to publish, and afterwards publishes it in another, he may be indicted in either. (Ib.) And thus, where the letter was inclosed in an envelope, and received in the county of M. open, accompanied with written directions for publication, as expressed in the envelope, it was not doubted that this was evidence to go to a jury of a publication in M. So that Gordon could by the common law have been indicted in St. Thomas's for a seditious libel published there.

substantiate that part of the charge. (Reg. v. Langford, 1 Car. & M. 602-Patteson, J., and held right by all the judges).

It is equally clear, that a person may be guilty of complicity in a riot, whether felonious or not, although he was not actually present; and although a riot is not necessarily felonious, and a man may be guilty of inciting to a riot, who is not necessarily guilty of felonious acts of violence, it is certainly a matter of evidence. Thus, if persons are assembled to the number of three or more, and speeches are made to those persons to excite and inflame them, with a view to incite them to acts of violence, and if that same meeting is so connected, in point of circumstances, with a subsequent riot, that you cannot reasonably sever the latter from the excitement that was used, those who excited are guilty of the riot, although they are not present when it occurs. (Reg. v. Sharpe, 3 Cox's C. C. 288; 12 L. T. 537-Wilde, J.) So, if a house be demolished by rioters by means of fire, one of the rioters who is present while the fire is burning may be convicted for the felonious demolition, under stat. 7 & 8 Geo. 4, c. So, where the publisher of a public register received 30, s. 8, although he is not proved to have been preseditious letters, the letters themselves containing ex-sent when the house was originally set on fire. (Reg. pressions of the writer indicative of his having sent them to the publisher of the register, for the purpose of publication, the whole is evidence sufficient for the jury to find a publication by the procurement of the defendant in the county where the letters were so received. (Rex v. Johnson, 7 East, 65; 3 Smith, 94). So it was held, that an information at common law for a conspiracy for planning and fabricating false vouchers to cheat the Crown (which planning and fabrication were done upon the high seas), is well triable in England, upon proof there of the receipt of the false vouchers transmitted thither by one of the conspirators through the medium of the post, and the application there of a third person for payment, which he there received. (Rex v. Brisac, and Same v. Scott, 4 East, 164). So that it is abundantly clear that Gordon could have been indicted at the common law in a district where any seditious letters of his were received; or where acts done, if any, in pursuance of any seditious conspiracy to which he was a party, were committed. And if the conspiracy were to counsel murder, or the letters were such as incited to murder, he could be indicted where the murders were committed.

It is hardly necessary to cite authorities to shew that even a mere riotous assembly may be dispersed with force. Thus, in our times, it has been laid down by a great judge, that it is not only lawful for magistrates to disperse an unlawful assembly, even when no riot has occurred, but if they do not do so, and are guilty of criminal negligence in not putting down an unlawful assembly, they are liable to be prosecuted for a breach of their duty. (Reg. v. Neale, 9 Car. & P. 431-Littledale, J.) And further, that the mode of dispersing an unlawful assembly may be very different according to the circumstances attending it in each particular case; and an unlawful assembly may be so far verging towards a riot, that it may be the bounden duty of the magistrates to take immediate steps to disperse the assembly; and there may be cases where the magistrates will be bound to use force to disperse an unlawful assembly. (Ib.) And it has been laid down that any assembly of persons, attended with circumstances calculated to excite alarm, is an unlawful assembly. (Ib.) So, it was held, that the stat. 7 & 8 Geo. 4, c. 30, s. 8, not having given any definition of what shall be a riot within the meaning of that enactment, the common-law definition of a riot must be resorted to; and in such a case if any one of her Majesty's subjects be terrified, this is a cause of terror and alarm to

v. Simpson, 1 Car. & M. 669-Tindal, C. J.) So, if in a case of feloniously demolishing a house by rioters, it appears that some of the prisoners set fire to the house itself, and that others did other acts on the outside of the house, it will be for the jury to say, whether the latter were not encouraging and taking part in a general design of destroying the house and furniture; and if so, the jury ought to convict them. (Reg. v. Harris, 1 Car. & M. 661-Tindal, C. J., Parke and Rolfe, JJ.) So, it is well known, that even according to the latest and most lenient version of the law of constructive homicide, a man may be guilty of a murder, although he was not actually and personally a party to it. Thus, where persons combine to stand by one another in a breach of the peace, with a general resolution to resist all opposers, and in the execution of their design a murder is committed, all of the company are equally principals in the murder, though at the time of the fact some of them were at such a distance as to be out of view. (Reg. v. Howell, 9 Car. & P. 437-Littledale, J.) Thus, Gordon might have been guilty of murder at St. Thomas's, even although he was all the while at Kingston. If so, he would have been, even by the common law, triable at St. Thomas's, and by the law which there prevailed, which was martial law; and therefore, if there was any ground for martial law, and his trial was (as we may presume it was) fair, it was perfectly legal. And so of all other acts done honestly under military orders.

REGULA GENERALIS.

COUNTY COURTS EQUITABLE JURISDICTION. THE following Order of Court has just been issued by the Lord Chancellor :

"I, the Right Honourable Robert Monsey Baron Cranworth, Lord High Chancellor of Great Britain, do hereby, in pursuance and execution of the powers suit or matter transferred from any County Court to given by the stat. 28 & 29 Vict. c. 99, order that any the Court of Chancery, under the provisions of sect. 9 of the said statute, shall proceed in the Court of the Honourable the Vice-Chancellor Sir Richard Torin Kindersley.

"Dated the 23rd day of December, 1865.

CRANWORTH, C."

SPECIAL PAPER.

Those marked thus are Special Cases, and thus † De

murrers.

IN

VOLUME XI.-NEW SERIES.

ANIMAL. Liability of owner for injury by, 335, 435
APPEALS from magistrates. Effect of, in unsettling the
law, 263

APPOINTMENT by will. On the 10th section of the Wills
Act, and the decisions thereon, 107
APPOINTMENTS AND PROMOTIONS:-

Montague E. Smith to be a Justice of the Court of Com-
mon Pleas, 51

C. M. Smith to be Master of the Court of Queen's
Bench, 115

J. P. De Gex to be Queen's Counsel, 123

-

G. Jessell to be Queen's Counsel, ib.

E. F. Smith, to be Queen's Counsel, ib.

Joshua Williams to be Queen's Counsel, ib.

W. H. Doyle to be Chief Justice of the Bahamas, 360
Hanson to the Stamp Office, ib.

C. P. Phillips to be Revising Barrister for the City of
London, ib.

J. H. Wattley to be Queen's Counsel for the Island of
Nevis, ib.

G. L. Russell to be Judge of the Bloomsbury County
Court of Middlesex, 368

Josiah W. Smith, Q. C., to be Judge of the County Court,
No. 27; 404

W. M. Hindmarch, Q. C., to be Recorder for the City of
York, ib.

R. Lush, Q. C., to be one of the Judges of the Court of
Queen's Bench, 428

ARBITRATION,
of, 40
what is a submission to reference in writing within the
Common-law Procedure Act, 1854; 329

As to the expediency of creating courts

ARCHES, COURT OF. Sittings, 21
ASSOCIATION OF CHAMBERS OF COMMERCE OF
THE UNITED KINGDOM, on bankruptcy reform
and partnership law amendment, 89
ATTORNEY-GENERAL v. GARDNER.

240

Case of,

ATTORNEY-GENERAL v. YELVERTON. Case of,

ib.

BAILY, Mr., and Mr. Homersham Cox. Correspondence
between, relating to the late election of a reader on
constitutional law and legal history, 417

remarks thereon, 488

BAKER, T. Laws relating to the Public Health, reviewed,
109

BANKRUPTCY LAW. On the amendment of, 39
Lord Westbury's letter to Mr..Paget on, 7
Mr. Moffat on, 197

resolution of the Association of Chambers of Commerce
of the United Kingdom on the amendment of the
law of, 89

the report of the select committee appointed to inquire
into the working of the Bankruptcy Act, 1861;
128

observations on the report, 127

BANKRUPTCY, OFFICIAL ASSIGNEES IN. Judgment
of Mr. Commissioner Sanders on the case of Mr. Harris,
official assignee of Birmingham Court, 21
'Westbury's Walk" (from the Standard), 34

BARRY, W. M. Treatise on the Practice of Conveyancing,
reviewed, 306

BEAVAN, Mr. His postscript on law reporting, 480

BENEFIT SOCIETIES. Suggestion for the formation of,
with table, by J. Tidd Pratt, 483, 499

BEQUEST. On the effect of words of specific description in
residuary bequests, 449

for promotion of monastic profession; legality of, 33
BERLIN. Offer of premium for essay on imprisonment for
debt, by the Juridical Society of Berlin, 223

BEST AND SMITH, MESSRS. Letters by, on law re-

porting, 465, 472

BETTS v. MENZIES. Case of, 429
BETTS v. NEILSON. Case of, 368
BILLS IN PARLIAMENT to confer on the county courts a
limited jurisdiction in equity, 83

to amend the law relating to attorneys and solicitors, 94
for the further amendment of the law of evidence and
the practice in certain courts of justice, ib.

to amend the law of libel, and for more effectually se-
curing the liberty of the press, ib.

juries in criminal cases, ib.

to facilitate the discharge of insolvent debtors in certain
cases, ib.

partnership law amendment, 104

to abolish arrest on final process in England, and for the
amendment of the law of bankruptcy in certain
particulars, 112 |

to enable the benchers of the inns of court to appoint
judicial committees in certain cases, and to give
the necessary powers to such committees, ib.
the Land Debentures Bill, as amended in select com-
mittee, 122

Letter by John Westlake on the case

to establish equitable councils of conciliation to adjust
differences between masters and operatives, 196
BANKS. Law in Scotland on the liability of directors for BILLS v. SMITH. Case of, 87
false report, 10
BISHOP OF NATAL.
of, 120
BLADES v. HIGGS. Case of, 351, 471
BOARD OF WORKS. Liability of local board for nuisance,
203

BANKRUPTCY.
Smith, 87

Fraudulent preference; case of Bills v.

BUSINESS. Right to sue for damage by hindering access | CORRUPT PRACTICES PREVENTION ACT, 359 /^5
to place of business, 139
COUNCIL FOR LAW REPORTING. Members appointed,
69

BUSINESS IN THE COMMON-LAW COURTS, 316

1395

proceeding of-See REPORTING. Lil to t

suggestions for abolishing, 496

Sir J. E. E. Wilmot on the extension of the jurisdiction
of, 59

equitable jurisdiction; speech of Lord Westbury on in-
troducing bill, 69

debate on, 92

CARRIERS, Effect of notices by railway company as car- COUNTY COURTS. On the present inefficiency of, 495
riers of goods and passengers, 479, 487
CASES AND CODES, 29, 30, 63, 160, 205,
1.10 7092, Di
CATOR V. BOARD OF WORKS FOR THE
LEWISHAM DISTRICT Case of, 203 TAK
CHAMBERS OF COMMERCE OF THE UNITED KING-
DOM, ASSOCIATION OF. On bankruptcy reform,
and partnership law amendment, 8991 }, +1།།{rt*ནྡྲ
CHANCERY, Statistics of the Suitors', Fee Fund, 95,
CHARGES ON LAND. Inexpediency of facilitating the
creation of, in favour of different persons, 109.
CHATTEL. As to the rule that there is no warranty of
title to a personal chattel, 159

as to right of owner to retake by force, 351
CHEQUE. Validity of post-dated cheque, 327..,

CHOLMONDELEY v. MINTON. Case of, 191

on the bill for conferring equitable jurisdiction on, 68
› equitable jurisdiction; review of Lord Westbury's bill, 77
Equitable Jurisdiction Bill; debate on, 197.
equitable jurisdiction; on the amended bill for, 239
on the act for giving equitable jurisdiction to, 367|||
orders and forms in equity, 367, 385.

order of the 23rd December, 1865, as to appeals in equity,
from, 511

whether their equitable jurisdiction excludes that of the
Court of Chancery, 407

CHURCH. Letter on the Bishop of Natal's case, by John COURT OF ARCHES. Sittings of, 21 bod

Westlake, 120

Pembroke, J. W. Phillips, Haverfordwest, 368

COURT PAPERS:

"I་།་

1

T

་་་

equity sittings after Hilary Term, 1865; 400 -0.30
equity sittings, Easter Term, 1865; 110
equity sittings, Trinity Term, 1865; 183
...equity sittings after Trinity Term, 1865; 244
equity sittings, Michaelmas Term, 1865; 419
equity sittings after Michaelmas Term, 1865; 459
equity sittings, Hilary Term, 1866; 490
equity cause lists, Hilary Term, 1865; 7
equity cause lists after Hilary Term, 1865; 50
equity cause lists, Easter Term, 1865; 153
equity cause lists, Trinity Term, 1865; 207
equity cause lists after Trinity Term, 1865; 253
equity cause lists, Michaelmas Term, 1865; 430
equity cause lists after Michaelmas Term, 1865; 473-
nisi prius sittings, Easter Term, 1865; 193,2017
misi prius sittings, Trinity Term, 1865; 195 976
nisi prius sittings, Michaelmas Term, 1865; 410

COMMISSIONERS TO ADMINISTER OATHS AT COM- nisi prius sittings, Hilary Term, 1866; 512 4

on the late election of a reader, 205, artsi

malos correspondence as to the late election, 417
remarks thereon, 488 WAS. Get al

CONTRACTS by infants. Necessaries, 3

CONVEYANCE. Where it operates under the Statute of CRIMINAL LAW. On the judge's power to discharge the

DANIELL'S CHANCERY PRACTICE, by Field, Dunn,
and Biddle, reviewed, 297

DAYS OF GRACE on promissory notes, 437

of, with tables, by J. Tidd Pratt,

L

FUSION OF LAW AND EQUITY. How far desirable, 495

GAME. Right of property in dead game, 351

casa of Blades v. Higgs, as to the property in, 471, 197
GLADSTONE, Mr. His merits as a financier, 2780

DEBENTURES ON LAND. On Messrs. Ayrton and Col- GOODEVE, JOSEPH. Obituary notice of, '71′′ 11
lins' bill for authorising, 99, 109

the bill as amended in select committee, 122.
DEBTOR AND CREDITOR. As to deeds of arrangement
with respect to joint and separate creditors, 319
on the arrangement clauses in the act of 1861; 231
as to reckoning secured creditors in the majority under
the arrangement clause, 280
return as to deeds of arrangement registered under the
Bankruptcy Act, 1861; 330 87 99 T#10)
DEED. When it operates under the Statute of Uscs, 27
DEEDS OF ARRANGEMENT under the Bankruptcy Act,
1861; 231, 280, 319, 330

DESCENT. Limitation to the heirs of the settlor, 322
DIGESTS AND CODES. Observations on the address of
Sir James Wilde at York, G3, 65

report of the commissioners appointed to prepare the
codes of the State of New York, 160

remarks on the report of the New York commissioners,

205

Mr. Hawkins on, 20

Mr. Reilly's paper on, 305
case law and code law,

DIRECTORS OF COMPANY. Case in Scotland, on lia-
bility of, for false report, 10.

DIVORCE. On the amendment of the law and practice of,

(39

DODD, P. W., and G. H. BROOKE'S Law and Practice
of the Court of Probate, reviewed, 206

DOE. CARTER v. BARNARD. Case of, 152
DOG injuring sheep. Liability of owner, 336
DRAMATIC REPRESENTATIONS. Case of the Alham-
bra; Mr. Tyrwhitt's judgment, 9

HALL, W. C. Legal Forms for the Use of Attorneys and
Solicitors, reviewed, 481

HANSON, A. Succession Duty Act, reviewed, 240 3 19
HARRIS, Mr. Official assignee of Birmingham Court of
Bankruptcy; judgment of Mr. Commissioner Sanders

in, 21
HARRIS,
S, G. P
Principia Prima Legum, reviewed, 466
HAWKINS, E. V. On digests and codes, 29d we
HAYNES, F. O Outlines of Equity, reviewed, 68
HEELIS, App., BLAIN, Resp. Case of, 27
HEIRS. On limitations to the heirs of the settlor, 322
HOLLAND, T. E. Essay upon Composition Deeds, re-

viewed,
HUSBAND AND:
AND WIFE. Wife's authority to pledge her
husband's credit, 295

power of wife to alienate her separate estate in fee, 77,
HURLSTONE, E. T. Letters by, on law reporting, 417,

ILLEGALITY OF MONASTIC ORDERS, 33 2010)
IMPRISONMENT FOR DEBT. Lord Westbury's bill to
abolish, stated, 11207 10

INCORPORATED LAW SOCIETY. Resolution of, regard-
ing the bar scheme for law reporting, 166204
results of examinations-Hilary Term, 1865; 4900
Easter Term, 1865; 184
253
Trinity Term, 1865; 235, 2
Michaelmas Term, 1865; 472

review of cases on appeal from decisions of revising bar- gust of
risters, 75, 119.

ENGINES on roads. Recent act respecting, 415
ENTRY, forcible, to recover a chattel, 251-yf br
EQUITY. Adverse enjoyment of an équitable interest, 191
on the amendment of equity procedure in small mat-
ters, 66, 495

on the fusion of law and equity, 495 -4 6157

INCUMBRANCES ON LAND. Inexpediency of facilitating
the creation of, in favour of different persons, 109
INFANTS Contracts by; necessaries, 3 rizo 703
INFANTICIDE. On defects in the law relating to, 321
the provisions of the Indian Penal Code, 322
INHERITANCE. Limitation to the heirs of the settlor, ib.
Liability of owner, 335, 435
OF COURT. On the office of reader in, 219
remarks on the late election of a reader on constitutional
law and legal history, 265

EQUITABLE JURISDICTION of County Courts. On the INJURY by animal.
act for, 3671BT07 (7 HAYOI JUHIDINNS
orders and forms in equity, 369, 385 CAPEREI
ERLE, T. W. On the present system of summoning special
special juries, 497

EVIDENCE The seal of confession, 287, 298

on the decisions as to interrogatoriés under the Common-
law Procedure Act, 1854; 167 19

on the act for amending the lay of, in criminal trials, 271

correspondence as to the late election, 4175-46707)
remarks on the election and correspondence, 488
lectures during Hilary Term, 1866, 50212112005
rules for the public examination of students, Trinity
Term, 1865; 113: སོ) དྲིན་

rules for the public examination of students, Michaelmas
Term, 1865; 289

results of examinations of students, Michaelmas Term,

+1864; 450

prospectus of lectures, Trinity Term, 1865; 114
prospectus of lectures, Michaelmas Term, 1865; 291
INSURRECTION. Authority to deviate from ordinary pro-
cedure in case of, 507