ACTION ON THE CASE. Effect of the plea of not guilty | AMENDING RECORD-(continued). in, 57
right of; on the operation of a fine or recovery as an ex-
tinguishment of, 473, 503
to avoid a fine, how enforced, 492
ADEY, A., appointed a commissioner for taking the acknow- ledgments of deeds to be executed by married women,
ADMISSIONS ON THE RECORD. On the effect of,
summary of recent cases on this question, 113, 114
observations on the unsettled state of the law with re- ference to, ib.
importance of a careful consideration of the old law thereon, ib.
ADOLPHUS, J., Esq., death of, 248
AFFIDAVIT. Observations on the New Order of the Court of Chancery, as to the mode of taking evidence upon, 411
AFTER-ACQUIRED PROPERTY. On the question whether it passes by a deed of bargain and sale, 121
there is little of modern authority bearing on the point,
review of cases, 121, 122
observations on the decision of the Court of Common Pleas in the case of Tapfield v. Hillman, 122 review of the older authorities on this question, ib. observations on the recent case of Lunn v. Thornton, ib. present state of the law, ib.
probable effects of the law, as at present settled, on the security of bills of sale, 123
suggestions as to the mode of avoiding these, ib. AGENT. On the liability of, to third persons, when he ex- ceeds his authority, 193
statement of the law on this subject by Mr. Justice Story, ib.
illustrated and enforced by a recent decision of the Court of Queen's Bench, ib.
important principle introduced into the law on this sub- ject by the decision of the court of error in the same case, ib.
important practical rules deducible from the decision re- ferred to, 194.
AGREEMENT. On the doctrine of equity as to partial per- formance of, 254
ALLEN, R., Esq., called to the degree of Serjeant-at-law,
ALLOTTEE OF SHARES in a joint-stock company provi-
sionally formed under 7 & 8 Vict. c. 110. Remedy in equity of the provisional committee against, where he refuses to complete his contract by paying the de- posits and executing the agreements, 489-491 AMENDING BILL. Time allowed for, under the New Orders of the Court of Chancery, 315 AMENDING BILLS AFTER ANSWER. On special orders for, under the 13th Order of 1828, as amended 1831; 294
resumé of the authorities on this subject, 294, 295 recent decision of Wigram, V. C., on this point, in the case of Dean v. Hickinbotham, 295 this point is still of practical importance, as the New Orders do not appear to clear up the doubt cre- ated by the loose wording of the 13th Order of 1828, ib.
examination of the 16th, 65th, and 66th of those Orders, 296
AMENDING RECORD. On the judge's power of, at Nisi Prius, under 3 & 4 Will. 4, c. 42, s. 23; 33
previous statute of 9 Geo. 4, c. 15, did not afford an adequate remedy in cases of variance, ib.
terms of the stat. 3 & 4 Will. 4, c. 42, s. 23, ib. cases illustrative of the construction to be put on this statute, 33, 34
no general rule can be laid down as to what amendments are within the statute, 34
AMENDMENTS. New Orders of the Court of Chancery as to warrants for time to answer, 324
ANSWER. Time for excepting to, under the New Orders of the Court of Chancery, 315
refusing to; on the construction of the 38th General Order of 1841 as to, 382
ANSWERING. Time for, under the New Orders of the Court of Chancery, 287
further time for, under those Orders, 315
amendments. New Orders of the Court of Chancery as
to warrants for time for, 324
absconding before; attachment against a defendant who intends, 335
ANSWERING CASES. Suggestions as to the best mode of,
method adopted by Lord Kenyon, ib.
Sir Vicary Gibbs, ib. Serjeant Hill, ib.
Lord Eldon, ib.
in answering cases several things are to be considered, apart from the mere nature of the case and the kind of information desired by the client, 314 what these are, ib.
a sound discretion as to the mode of stating an opinion must be used, with reference to all the circum- stances accompanying each case, ib. importance of not recalling or varying an opinion once given, ib.
APPEAL IN CRIMINAL CASES. On the necessity for granting, 449
no reform more wanted in the criminal law, ib. useless to amend the rules of the criminal law, so long as the mode of administering them is not calculated to secure their just application, ib.
report of the Criminal Law Commissioners on the pro- posed measure, 449, 450
imperfect remedy at present afforded by the exercise of the royal prerogative, 450
courts of quarter sessions have no means of correcting their decisions, either as to matters of law or mat- ters of fact, except such as appear upon the record, ib.
suggestions of the commissioners as to the mode of making the proposed alteration, ib.
APPEALS AGAINST ORDERS OF REMOVAL.
ARTICLES-(continued). Amending Record. On the judge's power of, at Nisi Prius, under 3 & 4 Will. 4, c. 42, s. 23; 33 Answering Cases.-Suggestions as to the best mode of, 313
Appeal in criminal Cases.-On the necessity for granting, 499
Assignment of Terms Act, The.-Observations on, 525 Bankrupt, promise by, to pay a debt due before the
bankruptcy.--On the decision of the Court of Ex- chequer in the case of Kirkpatrick v. Tattersall, as to the effect of, such promise having been made after the bankruptcy, and before the signing of the certificate, 481, 482
Bar, The.-On the present overcrowded state of, 81 Chaplain of a Prison.-On his duty with regard to con- fessions made to him in his official capacity, 138 Charitable Trusts.-On the proposal of the Lord Chan- cellor to create a summary equitable jurisdiction for the administration of the affairs of, in certain cases, 173 Chose in Action.-On the question, whether the right to bring an action or a chose in action belonging to the wife before her marriage vests in the assignees of the husband on his becoming bankrupt, so that they may sue thereon in their own names, 105 Church Discipline Act, (3 & 4 Vict. c. 86).-Observations on, 73
Circuit Commission.-Observations on the report of, 237 Circuits.-Inconveniences occasioned by the present sys- tem of holding, ib.
Committees of the House of Commons.-Observations on the inefficiency of, 294, 457
suggestions as to the formation of a permanent Ju- dicial Committee of the House, 458 Consanguinity.-On the question, whether the rules of law as to marriages within the prohibited degrees of, apply to the case of illegitimate relations, 469 Contempt of Court, in Chancery.-On the question, how far a party is barred by, in prosecuting his cause,
Conveyance of Real Property.-Observations on the "Act to facilitate the Conveyance of Real Pro- perty," 333
Conveyancing.-On reform in, 174, 183, 194, 207 Creditor.-On his right to protect himself by insuring the life on which his security depends, 137 Debtor and Creditor.-On the law of, 306
paper on this subject submitted to the committee of the Society for promoting the Amendment of the Law, by Mr. Commissioner Fane, 307 Deodand.-Observations on the law of, 49 Equity, Jurisdiction of.-On the question, whether a
provision in an act of Parliament giving a specific remedy excludes the jurisdiction of equity to give relief, unless it be in terms specifically excluded,
441 Execution.-On the cases in which a defendant may be taken or charged in, under 7 & 8 Vict. c. 96, ss. 57, 58, 59; 246
Fines and Recoveries.-A succinct view of the operation of, 472, 482, 491, 502
Game. On the nature of the legal rights to which it may
be subject, and of the laws affecting those rights, 65 Howard v. Gossett.-Observations on the judgment pro- nounced by the Court of Queen's Bench in the case of, 161 Imprisonment.-On the question, what constitutes an,
Intoxication.-On the validity of instruments obtained from persons in a state of, 75 Joint-stock Companies Registration Act.-On the appli cation of, 225
on the construction of, as affecting companies formed for objects to be carried into effect abroad, 239 Joint-stock Company, Provisional Committee of.-On the difficulties attending the taking of proceedings in equity by, against persons who, having applied for and received letters of allotment, refuse to com- plete their contract by paying the deposits and executing the agreements, 489-491
Judgment recovered against one of two joint Contractors. —On the question, whether it is of itself, without execution, a bar to an action for the same debt against another joint contractor, 9 Judicial Functions.-Observations on the evils arising from the permanency of appointments to, in some cases, 1
Letters-patent.-On the question, whether equity has ju- risdiction, upon information, to cancel letters-pa- tent obtained by fraud, 285
Long Vacation.-On the practice of the equity judges prolonging their attendance in open court during, 305
Maconochie, Captain.-Observations on his plan for im- proving the management of criminals in our penal colonies, 89, 409, 410 Marriage Articles of Infants.—Recapitulation of the principal propositions affecting the doctrine of, 434 Marriage Contract.-Strictures on the statements with
reference to the nature of, contained in the Bishop of Exeter's charge to the clergy of his diocese, 205 Married Women.-Observations on the reversionary in-
terests of, with reference to the doctrine of Dos- well v. Earle, 514-518 Meritorious Consideration.-On the doctrine of, chiefly with reference to the case of a grandchild, 59 Multiplying Votes.-On the law with reference to con- veyances for the purpose of, 281
New Orders in Chancery.-On the alterations which they will produce in the existing practice, 287, 315,
Not Guilty, Plea of.-On the effect of, in actions on the case, 57
Notice. On the doctrine of, with reference to the cases of Jones v. Jones and Duncan v. Chamberlayne, 459, 470
Official Documents.-Observations on the " Act to facili- tate the Admission in Evidence of certain offi- cial and other Documents," 321
Parliamentary Committees.—On the expenses attending the proceedings before, 25
on the same subject, particularly with reference to the committees of the House of Commons, 294, 457 Partial Performance of an Agreement.-On the doctrine of equity as to, 254
Presumed Acceptance of Trusts.-Observations on two
cases recently decided by Lord Chancellor Sugden under the 1 Will. 4, c. 60, with reference to; and consideration of the question, to what extent, if any, the doctrine laid down in these decisions is applicable to the case of trusts generally, as distin- guished from the case of a trust presumed merely for the purpose of a petition under that statute, 262, 263
Privilege Question, The.-On its being recently taken up by the House of Lords, 245
Public Press, The.-On the practice of barristers report- ing for, 261
observations on the conduct of, with reference to the above question, 286
Rape. Observations on the rule, that, if a man be in- dicted for an assault with intent to commit a rape, and the evidence shews a rape actually committed, the defendant must be acquitted, 253 Reduction into Possession.-On what amounts to a re- duction into possession of such interests of a mar- ried woman as are capable of being reduced into possession, 501
Refusing to answer.-On the construction of the 38th General Order in Chancery, 1841, as to, 382] Replevin, Action of.-When it will lie to recover goods and chattels wrongfully taken otherwise than by distress, 417
Retainer of Counsel.-Observations on the complaints made of their non-attendance after accepting, 217 Right to begin.-Observations on the, 381 Scrip of Railway Companies provisionally registered.— On the rule of, 418
Slanderous Words.-On the circumstances under which the law allows a person to republish, 357
ARTICLES-(continued). Solicitor's Lien.-On the question, whether, when a soli- citor has a lien upon deeds of his client in his hands before the client's bankruptcy, he is bound to give the assignees inspection of such deeds, 17 Stolen Goods.-When trover will lie against a vendor of,
513 Tenancy from Year to Year.-On the prevailing impres- sion, that a tenancy from year to year, so long as both parties please, is a tenancy for two years at least, and is not determinable at the end of the first year, 433
Transfer of Property Act.-Observations on, 2 Transportation, Punishment of.-On the propriety of rendering it subservient to the reformation of cri- minals, 409
Trespass, Action of.—On the question whether a free- holder, who, in order to get into possession of his land, assaults.a person wrongfully holding posses- sion of it against his will, is liable to, 401 Trust or Power in the Nature of a personal Confidence.— On the rule, that it does not pass with the estate, but can only be exercised by persons answering strictly the description of those to whom it is ex- pressly given, 129
the same subject, further considered, 181 Trusts, Charitable.-On the proposal of the Lord Chan- cellor to create a summary equitable jurisdiction for the administration of the affairs of, in certain cases, 173
Trusts. On the operation of time as a bar to the claim of the cestui que trust, as between him and his trustee, 97
on the presumed acceptance of, 262
Trustees having discretionary Powers of Investment.- On the liability of, 227
Unregistered Judgments.-On the effect of, against pur- chasers and mortgagors without notice, 131 ASSAULT, with intent to commit rape. Indictment for, not supported by evidence that a rape was actually com- mitted, 253
remarks on this rule, 253, 254 ASSIGNEES OF A BANKRUPT. On their right to in-
spection of deeds in the hands of the bankrupt's soli- citor on which the latter claims a lien, 17, 18
on the question, whether the right to bring an action or a chose in action belonging to the wife before her marriage vests in the assignees of the husband, so that they may sue thereon in their own names, 105-107
ASSIGNMENT OF TERMS ACT.
Observations on the contending opinions which have made their appearance from time to time with reference thereto, 525 examination of the argument as to its efficacy put forth by a learned writer in the Law Magazine, ib. distinction between the limitations of which a term is sus- ceptible and its objects, 526
some conveyancers seem inclined to apply the statute to an extent which it was not intended to reach, ib. observations on this point, ib. ATCHERLEY, Mr. Serjt. Death of, 248 ATTACHMENT. New Order in Chancery as to, in the case of a defendant who means to abscond before answering,
semble, they may sue thereon in the joint names of them- selves and the wife, 107 BANKRUPTCY, COURT OF. New rules promulgated by, under the Debtor and Creditor Act, 55 Rules and Orders made under 7 & 8 Vict. c. 70, s. 14, for the better carrying into effect the several purposes of the said act, January 11, 1845; 66-68 BANKRUPTS ESTATES OF. Order of the 9th July, 1845, as to, 256
BAR, THE. On the present overcrowded state of, 81 causes of this, ib.
consequent importance of the observance by the members of the bar of those rules which have been esta- blished for the purpose of preserving its dignity,
BARGAIN AND SALE. Deed of, will not, in general, pass after-acquired property, 121
BARKER, G. M. Appointed a commissioner for taking the acknowledgments of deeds to be executed by married women, 529 BARRISTERS CALLED.
Lincoln's Inn-Jan. 29, 1845; 19 June 10, 1845; 203 Nov. 20, 1845; 464 24, 1845; ib.
Gray's Inn-Jan. 29, 1845; 19
June 29, 1845; 203 Nov. 19, 1845; 464
Inner Temple-Jan. 1845; 28
June 6, 1845; 203 Nov. 6, 1845; 464
Middle Temple-Jan. 17, 1845; 28
May 28, 1845; 203 Nov. 7, 1845; 464 21, 1845; ib.
BEECHING, A. J., appointed a commissioner for taking the acknowledgments of deeds to be executed by married women, 314
BEST, Mr. W. M. Review of his Treatise on Presumptions of Law and Fact, 463
BILLS OF SALE. Security of, how affected by the pre- sent state of the law as to the passing of after-ac- quired property under deeds of bargain and sale, 123 practical suggestions on this point, ib.
in Chancery. On special orders to amend, after answer, under the 13th Order of 1828, as amended 1831; 294
time allowed for amending under the New Orders, 315 His Bills for the Reform of the BROUGHAM, LORD.
Law read a first time, 163 observations on his Bills " to facilitate the Conveyance of Real Property," and "to facilitate the granting of certain Leases," 175-177
observations on his Bill for "an Act to render the As- signment of satisfied Terms unnecessary," 183, 184 correspondence thereon, 198
observations on the above, 199, 207
BURGE, W., Esq. Appointed a commissioner of the Court of Bankruptcy, 487
Appointed a commissioner for taking the acknowledgments of deeds to be executed by married women, 309
CAMPBELL, LORD. Observations suggested by his Bill for abolishing the Law of Deodand, 49, 50 his Bill for the Registration of all Deeds and Instruments respecting Real Property in England and Wales read a first time, 177
observations thereon, 194
details of the proposed system of registration considered,
summary of the enactments of the proposed bill, 211, 212 CAMPBELL, W. G., Esq., appointed one of the commis- sioners in lunacy, 487 CARNALLY KNOWING CHILDREN. Indictment for, may be supported by evidence of an actual rape, 253
CHALK, E. S. Appointed a commissioner for taking the ac- knowledgments of deeds to be executed by married women, 450 CHAMBERS, MONTAGU, Esq. Called within the bar, 238 CHAMBERS, QUEEN'S BENCH. Order of 10th July, 1845, for the regulation of business at, 248 CHANCERY, COURT OF. Notice respecting the transfer
of causes from the Master of the Rolls to the Lord Chancellor, 10
New Order respecting percentage to be taken by taxing Masters and their clerks, 34
contempt of; how far a party is barred by, from prose- cuting his cause, 41, 42
New Orders in, 8th May, 1845; 140-152. See ORDERS |
impossibility of extending the jurisdiction of, to the nu- merous charitable trusts, the funds of which are of small amount, 173
Order in, of 12th July, 1845, as to closing the books of the Accountant-General, 248
power of, to dispense with its own General Orders as to time, 316
practice in; how affected by the New Orders, 287 CHAPLAIN OF A PRISON. On his duty with reference
to confessions made to him in his official capacity, 138 CHARITABLE TRUSTS. On the proposal of the Lord Chancellor to create a summary equitable jurisdiction for the administration of the affairs of, in certain cases, 173
great number of such trusts the funds of which are of small amount, ib.
CHARITABLE TRUSTS-(continued).
impossibility of extending the jurisdiction of the Court of Chancery to such trusts, ib.
powers intended to be given to the new court, ib. objections urged in the House of Lords to the measure, ib. observations thereon, 173, 174
advantages which might result from the establishment of a similar jurisdiction in other cases, 174 particularly in regard to the execution of the trusts of wills, ib.
consideration of this subject, ib.
abstract of a bill for "An Act for securing the due Administration of Charitable Trusts in England and Wales," 184-189
bill abandoned, 241 CHILDREN. Indictment for carnally knowing, &c. may be supported by evidence of an actual rape, 253 CHOSE IN ACTION. On the question whether the right to bring an action or a chose in action belonging to the wife before her marriage vests in the assignees of the husband on his becoming bankrupt, so that they may sue thereon in their own names, 105
recent decision of the Court of Exchequer on this point, 105, 106
difficulty of ascertaining what remedy the wife would have in case of her husband's death before the assignees had reduced the chose in action into possession by judgment and execution, 106
decision of the Court of Exchequer reversed in the Exchequer Chamber on this ground, ib.
statement of what appears to be the law on this question as at present settled, 107
of a married woman; what amounts to a reduction into possession of, by the husband, 501, 502 CHURCH AND CLERGY. Review of W. H. Cripps' Treatise on the Laws relating to, 91
CHURCH COURTS, THE. Derive their authority from the temporal law of the country, 206.
they have no power to put an end to the marriage con- tract, ib.
they may pronounce against the validity of marriages on certain grounds, ib.
CHURCH DISCIPLINE ACT, (3 & 4 Vict. c. 86). Ob- servations on, 73
dissatisfaction occasioned by the working of, ib.
statement of the objects of the statute, ib.
provisions by which these are sought to be carried out,
CIRCUITS COMMISSION-(continued).
observations thereon, ib.
plan of the commissioners for remedying the present in- equality of the circuits, 238
cannot be regarded as permanent, ib.
but remedy appears to be the appointment of new judges, ib.
CODIFICATION. Remarks on the inefficiency of, 9 COGNIZOR, heirs in tail of. On the operation of a fine and recovery as a bar to, 474
COLERIDGE, Mr. Justice. Remarks on his judgment in the case of Howard v. Gossett, 162
remarks on his judgment in the case of Bird v. Jones, 425 COMMISSIONS TO EXAMINE WITNESSES. Time allowed for, under the New Orders of the Court of Chancery, 315
New Order as to the management of, 336
New Order as to the fees of commissioners, ib. COMMITTEES OF THE HOUSE OF COMMONS. Observations on the inefficiency of, 294
in order to render them efficient, they must be constituted strictly upon the system of judicial bodies, ib. objection generally made to the transaction of the business by persons not being members, ib.
answer to this objection, 295
suggestions as to the course of improvement to be adopted, ib., 457
suggestions as to the formation of a permanent Judicial Committee of the House, 458
mode of proceeding before, ib.
defects of the present mode of proceeding which would be avoided by the formation of such a tribunal, ib.
COMMITTEES, PARLIAMENTARY. On the expenses attending proceedings before, 25
reasons of this, 25, 26
a more competent tribunal requisite, ib.
suggestions as to the composition of such a tribunal, 26 Speaker's warrant issued by order of, how far a justification of an arrest and impri- sonment, 161, 162
COMMONS, HOUSE OF.
on the inefficiency of the committees of, 294, 457 COMPANIES (JOINT-STOCK) REGISTRATION ACT. Observations on the cases to which the provisions of, apply, 225, 226
on the construction of, as affecting companies formed for objects to be carried into effect abroad, 239 CONFESSIONS made to the chaplain of a prison in his of- ficial capacity. His duty with regard to, 138 CONFIDENCE, PERSONAL. Power or trust in the na- ture of, by whom it may be exercised, 129 difficulty of determining what is such a power, 130 extent to which the rule as to its exercise will be applied, ib. cases to which it applies, ib.
the same subject further considered, 181, 182 CONSANGUINITY. On the question, whether the rules of
law as to marriages within the prohibited degrees of, ap- ply to the case of illegitimate relations, 469 this question has not been settled by decision, ib.
it appears to have been first raised in the case of Harris v. Jeffel, (Lord Raym. 68), ib.
opinion of Sir W. Scott on this point, ib. observations thereon, ib.
general remarks on the above question, 470 CONSIDERATION, MERITORIOUS. On the doctrine
of, chiefly with reference to the case of a grandchild, 59, 61
CONTEMPT OF COURT IN CHANCERY. On the question, how far a party is barred by, in prosecuting his cause, 41
remarks on Mr. S. Smith's opinion on this question, ib. rules which at present prevail with reference thereto, ib. cases illustrative thereof, 41, 42
distinction between the case of a party being in contempt for non-payment of costs, and his being so for neglect to take some step in the cause, ib.
CONTINGENT REMAINDERS. Effect of the Transfer of Property Act on the laws relating to, 2 on the operation of a recovery as a bar to, 503 on the operation of a fine as a bar to, 474 CONTRACT (MARRIAGE) THE. On the nature of, and the means by which it may be dissolved, 205, 207. CONTRACTORS, JOINT. On the question, whether a judgment recovered against one of two is of itself, with- out execution, a bar to an action for the same debt against another joint contractor, 9, 10 CONVEYANCE. On the operation of a fine as, 473 on the operation of a recovery as, 502 CONVEYANCE OF REAL PROPERTY. Observations on the "Act to facilitate the Conveyance of Real Property," 333
limited number of cases which the act is adapted to meet, ib.
complexity which frequently pervades the titles to small
the act contains no clauses which are suitable for such cases, ib.
illustrations of this, 333, 334
the act enables the draftsman to do nothing which he might not have done if it had never been passed, 334 illustration of this, ib.
observations on the provision, that skill, &c. shall be taken into account in taxation, ib.
CONVEYANCES FOR THE PURPOSE OF MULTI- PLYING VOTES. What are illegal, within the statute, (7 & 8 W. 3, c. 25, s. 7), 281 CONVEYANCING. On reform in, 174 Lord Brougham's bills for, ib.
substance of the proposed "Act to facilitate the Convey-
ance of Real Property," 174, 175
substance of the proposed "Act to facilitate the granting of certain Leases," 175
observations on certain objections of detail, as to the pro- posed Bill to facilitate Conveyances, 176
the Bill for Leases open to many of the same objections,
both bills objectionable in their general scope, 177 illustration of this, with reference to the case of a simple conveyance of an unencumbered estate in fee, 177 the same subject continued, 183
Lord Brougham's Bill for "an Act to render the Assign- ment of satisfied Terms unnecessary," ib. observations on the policy of this proposition, ib. objections to the use of outstanding terms, as stated by the Real Property Commissioners, ib. strictures of Mr. Hayes thereon, ib.
grounds on which the existence of attendant terms is dependent, ib.
illustration of the way in which this may be done, ib. short form of a further charge by a mortgagor, with additional powers, and an agreement that the loan shall continue for six years, 194, 195 statement and examination of some of the clauses con- tained in ordinary forms, as compared with the above, 195-197
observations on the alleged insecurity of short convey- ances, 197, 198
benefits which would result from concise forms in the investigation of titles, 198
supposed incompatibility of the use of, with the interests of solicitors and conveyancers, 207
the ends to which, in framing a system of registry, all others should be subservient, are facility and cer- tainty in the manner of reference, ib. consideration of the principle on which the indexes should be framed, ib.
a general index of names out of the question, ib. deeds relating to a particular title should be brought to- gether in one index, 208
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