fession, no other course is safe or wise: and as it was to Sir Robert Peel's administration that we owe the first Real Property Commission, so we trust it is to him that we shall owe the second.

We have adverted in the present number to several measures now before Parliament. In addition to these we should mention that Lord Campbell has brought in a bill for abolishing deodands, and that he has renewed his bill for allowing service of process abroad on persons being indebted and having property in this country. Those are both useful measures, and we trust that no formal objection will be suffered to prevent them passing into law.

The Government having brought in no Bill on Ecclesiastical Courts in the present session, Lord Cottenham has introduced his former Bill. state.

Surely these Courts cannot be left in their present

There is a great demand for legislation as to the clause of the Act of last Session abolishing imprisonment for debts under 201. An Amendment Act will be introduced either by Lord Brougham or by the Lord Chancellor. It should be observed that the former Noble Lord is not the author of this clause, as has been supposed.

It will be seen that there are now many important measures before Parliament connected with the law. We sincerely trust that they may be discussed in due time, and with due deliberation, and not passed or deferred in a scramble at the close of the Session.

April 26. 1845.

NEW WORKS LATELY PUBLISHED.

The Law of Nisi Prius; comprising the Declarations, Pleadings, and Evidence, in particular Actions, namely, Bills of Exchange, Notes, Cheques, &c. Policies of Insurance in all Cases, and in Ejectment. Vol. ii. Frederick Archbold, Esq., Barrister-at-Law. 12mo. 18s.

By John

The New Statutes relating to Insolvency and Bankruptcy, 5 & 6 Vict. cap. 116., and 7 & 8 Vict. cc. 96. 70. 111., and the New Rules and Orders, intended as a Supplement to Archbold's Bankrupt Law, with Leases, and a copious Index. By John Flather, Esq., of Lincoln's Inn, Barrister-at-Law.

12mo. 58.

Rules and Orders of the Superior Courts of Common Law, from the commencement of the reign of Wm. IV. to Hilary Term, 8 Vic., with Notes, and a copious Index. By Edward Lawes, Esq., of the Middle Temple, Special Pleader. Royal 12mo. 8s.

An Abridgment of the Law of Nisi Prius. By Wm. Selwyn, Esq., of Lincoln's Inn, in 2 vols. royal 8vo. Eleventh edition.

21. 10s.

A Practical Treatise on the Laws relating to the Church and the Clergy. By Henry William Cripps, M. A., of Lincoln's Inn, and the Middle Temple, Barrister-at-Law, and Fellow of the New College, Oxford. 8vo. 11. 5s.

A Selection of Legal Maxims, Classified and Illustrated. By Herbert Henry Browne, Esq., of the Inner Temple, Barrister-at-Law. 8vo. 15s.

Principles of Conveyancing, designed for the Use of Students, with an Introduction on the Study of that Branch of the Law. By Charles Watkins Esq., of the Middle Temple, Barrister-at-Law. Ninth edition. Revised and considerably enlarged, by Henry Hopley White, Esq., Barrister-at-Law, of the Middle Temple. 8vo. 18s.

The Law of Judgments and Crown Debts as they affect Real Property. By Frederick Prideaux, of Lincoln's Inn, Barrister-at-Law. 12mo. 7s. Third edition.

The Statutes 7th and 8th Vict. cc. 96. 70. & 111., and all the new Rules and Orders relating to Bankruptcy and Insolvency, together with the recent Decisions; bringing the Law relating to Bankruptcy and Insolvency down to the present time. Being a Continuation of Montagu and Ayrton's Bankrupt Law, with Forms, and an Index. By John Herbert Koe, Esq., one of Her Majesty's Counsel, and Samuel Miller, Esq., Barrister-at-Law. 8vo. 58.

Concise Precedents in Conveyancing, adapted to ordinary Use in small Trans. actions, with Practical Notes; and a Commentary on the stat. 7 and 8 Vic. cap. 76., intituled An Act to simplify the Transfer of Property. By George Sivers, Esq., Barrister-at-Law. Royal 8vo. 11. Second edition.

The General Highway Act, 5 and 6 Wm. IV. cap. 50., and the subsequent Statutes, with copious Notes on the Law of Highways; also, new Forms and general Rules for making and repairing Roads. 2d edition, corrected and enlarged. By Leonard Shelford, Esq., of the Middle Temple, Barrister-atLaw. 12mo. 7s. 6d.

Horæ Juridicæ, or Thoughts on the Character, Aspect, Duties, and present Exigencies of the Profession of the Law. By W. D. Lewis, of Lincoln's Inn, Barrister-at-Law. 8vo. 2s.

The Code of Practice of the High Court of Chancery, Vol. 2., containing such of the General Orders from the time of Lord Bacon to 1845, inclusive; and such Extracts from the Statutes affecting the Practice of the Court now in use, as have reference to distinct stages of a Suit, classified in the order in, which they arise, with a Digest of the Decisions upon them. By Thomas Kennedy, a Solicitor of the Court. 12mo. 7s.

NOTE TO ART. I.

Railway legislation has made some progress since our first article in this number was printed. The Lords and Commons have both pretty fully discussed the construction and the progress of the famous Board; and never was body politic so roughly handled. No one, even of the Government, has chosen to step forward in its defence. The task has been left to the two officials, the President and the Vice-President-whose labour has been

considerable and gains trifling. The public feeling has penetrated the walls of Parliament, and no one will venture on so hopeless a speculation as taking a share in the character of the Board, when it is at so great a discount. The absurdity of appointing men to assist the Legislature with their decisions, who are not allowed to examine the evidence the cases rest on, is too glaring to escape the most cursory observation, or be unperceived by the meanest intellect. The equally gross impropriety, to give it the gentlest name of all the members signing, as if their reports were unanimous, when they sometimes are carried by a casting vote- -as in the Southcastern Railway, adopted by two against two, and the casting vote of one of the two consentients has stood assailed and defenceless. The denials given to disclosures and to the speculations thus encouraged have been more loud than convincing; no one denies the large and gainful purchases of the brother of one of the Board; and all feel convinced, in both Houses of Parliament, that such things will be suspected, and may happen, as long as a body of irresponsible and obscure individuals decide in secret, and in secret dispose of millions, without the power of hearing any evidence at all. The defence or extenuation, in the two Houses, has been conducted pretty much on the same scanty materials, but in a somewhat different manner, the good humour and bland demeanor of the able Vice-President forming a remarkable contrast with the somewhat different qualities of his not at all abler chief.

But the oppressions of the Railway system have awakened the serious attention of the community. Case after case has been brought forward of the unbridled insolence of the companies, who, even before obtaining the vast powers of the bills, assume that they are secure of success, and maltreat every landowner whom they do not dread,-only sparing such as have high connexions in Parliament. Threats of passing close to their mansions are used to deter one; plans of actually going through their gardens are brandished in the face of another; this person is told he must accustom himself to live near a railway, as others have done before him ; that person is warned that whoever opposes the company, (not yet armed with a bill, but sure of carrying it,) will be worse treated than those who submit. All this, Parliament have for the present disregarded in their resolution to help the Railway fever, instead of trying to abate it, as we humbly take it, was its duty. The consequence is a fearful amount of injustice and oppression, right under cover of laws hastily, crudely made, and an inordinate spirit of speculation, amounting to mere gambling, encouraged over the whole of the community. With the commercial, the pecuniary, the financial, the moral consequences of this, we have no

concern. We confine ourselves to the Legal view of the subject; and all that has happened since our first article was prepared, must entirely confirm the view therein taken. Our trust is in the returning good sense of Parliament.

Among those who have distinguished themselves in the discussions of the Commons, may be justly commemorated Mr. G. Banks, Mr. Hawes, and, above all, Lord Howick. His Lordship has displayed his wonted and hereditary spirit, patriotism, and ability most usefully, and it is to be hoped that he will persevere in the same line of watchful observance.

NOTE TO ART. VIII.

Whilst these sheets were passing through the Press, we learnt from the Bombay Courier of March 1st, that the Indian government has issued the draft of an intended law, which provides, inter alia, for the regulation of marriages among Christians in that country, by placing them on the footing on which marriages stood in England prior to 1753. Hence the editor infers, "that all marriages, whether of European or native Christians, celebrated by dissenting ministers, or even by civil officers, will be valid, to all intents and purposes." If such be the intention of the governor-general and his council, it will clearly be defeated (in this country at least), should the judgment in Catherwood v. Caslon remain unimpeached, and no measures be taken for amending the law as to marriages contracted abroad. We understand, however, that a bill has been for some time in preparation, which, if adopted by the legislature, will regulate all such marriages, both retrospectively and prospectively, on sound and rational principles.

NOTE TO ART. VII., No. 2., ON DIVORCE.

Since the publication of our last number, a "Reply" has appeared, by Dr. R. Phillimore, to the observations which we felt it our duty to make upon that learned gentleman's pamphlet respecting divorce. We are happy to receive the assurance with which he favours us, that his performance was not a "Collegiate Manifesto," but the individual act of Dr. R. Phillimore. He complains that we have not answered his arguments; but he forgets that we said his pamphlet was "rhetorical and declamatory rather than accurate or argumentative." The learned doctor relied more on stale extracts from other writers than on the original stamina of his own mind. This being the case, we found fault with him for misrepresenting the authorities cited by him. We said that

neither Hume, nor Burke, nor Mackintosh advocated indissolubility. In asserting this, we relied on recollection. The doctor desires us to refresh our memory. We have done so, and find that the doctor was even more mistaken than we had previously imagined. As to Hume, the passage relied upon is merely this: "The least possibility of a separate interest (in the marriage state) must be the source of endless quarrels and suspicions." Who doubts it? But does this show that Hume was opposed to divorce for adultery? Yet these words are quoted by Dr. Phillimore in italics. To turn next to Burke. In his first letter on "a Regicide Peace" (Works, vol. viii. p. 174.), we find him commenting on a law passed by the French constituent assembly, allowing divorces "at the mere pleasure of either party, and at a month's notice." Upon this the great statesman breaks out into a burst of eloquent and certainly not misplaced indignation. But does he any where say that marriages ought, under all circumstances, to be absolutely indissoluble? If he does, let the passage be produced. Then, with respect to Sir James Mackintosh, any one who looks into his History of England', will find that this writer, so far from supporting Dr. R. Phillimore, is positively an advocate for the opinions espoused in the article which has had the misfortune to excite the wrath of Dr. R. Phillimore. Nay, more, even Paley is for divorce in case of adultery by the wife. (Works, vol. i. p. 202.) So that we renew our charge against Dr. R. Phillimore. We say he has taken "liberties" with these great names; but he has taken a still greater liberty with the public, by misrepresenting their opinions.

As to the Doctor's sneer at attorneys, we can only say that we have great pleasure in finding our names and our exertions associated with the interests of that respectable and intelligent body. Far from disclaiming their aid as contributors to this Review, we rejoice to say that we have already received, and are constantly experiencing, the benefit of their support. Indeed, it is by their co-operation that we hope most effectually to advance those great public objects which it is our chief aim to promote.

1 Vol. II. p. 267.