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Theoretical Principles, 298; Difficulty of deducing Principles from
Opinion of Master of the Rolls and Vice-Chancellor Wood, 355 ;
Bentham's Views, 386; Question considered, 387; Costs between
Party and Party, 889; Costs between Suitors and Court, 390; Costs of
Maintaining the Court should be paid by the State, 391.
XXI.-IIISTORICAL REVIEW OF THE FEODAL SYSTEM. By PATRICK Mac
CHOMBAICH COLQUIIOUN, LL.D., Member of the Supreme Council of
Justice of the Ionian Islands........
Origin of the Feodal System, 406; Connection with Roman Laiv,
409; Law of Inheritance, 410; Allodal Lands, 411 ; Abolished, 413 ;
Judicial System, 416; Derivation of word “ Feodal," 420; Institution
of Feodal System in Lombardy, 421; Military and base Tenures, 425 ;
Charles the Great, 426; Assize of Jerusalem in 1009, 428 ; Liber
Feodorum, 431; Feodal System in Othoman Dominicns, 434; In
XXII.-ON SOME ERRORS IN LEGISLATION ILLUSTRATED BY THE STATUTES
RELATING TO JOINT-STOCK COMPANIES. By NATHANIEL LINDLEY, Esq... 440
Attempt to suppress Companies, 440; Want of Unity of Plan in
Joint-Stock Companies' Acts, 444; Mischievous Detail, 447; Winding-
up Acts, 450.
XXV. CODIFICATION. By WALKER MARSIIALL, Esq.
Confused State of the Statute Law, 496; Codification the most
efficacious remedy, 497 ; Advantages which would accrue, 497 ; Conso-
lidation, what it would effect, 499; Objections Considered, 501.
XXVI.-IS THE CAPTURE OF THE SOUTHERN COMMISSIONERS FROM ON BOARD
TIIE MAIL STEAMER “TRENT,” DEFENSIBLE BY THE LAW OF NATIONS ?
By C. CLARKE, Esq.
Neutrality in Ancient Times, 506; Result of increased Population,
506 ; Principles of International Law, 507; A Ship part of the State
to which she belongs, 508 ; Effect of principle as to Goods and Persons,
511; English Cases, 513; American and French Authorities, 523;
Adjudication, 529 ; Seizure of English Sailors in American Ships, 530;
XXVII. - SIMPLIFICATION OF TITLE TO LAND PREFERABLE TO TIE INTRODUCTION
OF NOVEL MODES OF ASSURANCE, WITH AN OUTLINE OF A PLAN. By
EDWARD P. WOLSTENHOLME, Esq...
Real Property Commissioners' Report, 538 ; Register of Title, 536 ;
Suggested Mode of Simplifying Title, 544.
XXVIII.-ON THE PRESENT STATE OF INTERNATIONAL JURISPRUDENCE. - Part
II. By PROFESSOR KATCHENOWSKY ......
In Germany, 553 ; Belgium, 559; Holland, 560; France, 561 ;
Italy and Spain, 562 ; England, 503 ; Russia, 569; General review of
the subject, 570.
XXIX.-THE EXPEDIENCY OF DIGESTING THE PRECEDENTS OF THE COMMON
LAW, AND REGULATING THE PUBLICATION OF REPORTS. By GEORGE
Common Law exists in precedents, 577; Advantage of revising and
digesting the Reports, 580; How it might be effected, 582 ; Regulation
of Reports in future, 583.
XXX-ON TIIE TRUE REMEDIES FOR TIIE EVILS WHICTI AFFECT TIE TRANSFER
or LAND. By JosuuA WILLIAMS, Esq........
Evils to be remedied, 589; How they arose, 589; Plans proposed,
591; Encumbered Estates' Court, 592 ; Causes of professional opposi.
tion, 503 ; Scottish System of Remuneration, 600 ; Printing of Deeds,
601; Abstracts of Title, 602; Registry of Deeds, 605; Lord St.
XXXIV.-COPYRIGHT IN THE FINE ARTS. By WALKER MARSHALL, Esq.
Defined, 722 ; Statutes, 724; Copyright in Pictures, 725; Registra-
Τ THE JURIDICAL SOCIETY.
I.-ON THE HINDU AND MAHOMADAN LAWS, AS ADMINISTERED IN INDIA, AND IN CONNECTION WITH ENGLISH LAW. By W. H. BENNET, Esq.
[Read 24th May, 1858.]
A SHORT twelve months since the state of India, its products, its history, its internal governments, its religions, customs, and laws, were almost a sealed book to the general British community. In the highest as well as in the most obscure places, the greatest apathy upon these momentous subjects prevailed. Men of the educated classes were not ashamed to avow an ignorance participated in by all others; and the paucity of British senators, when Indian questions were to be discussed, was a standing joke amongst those whose interest or curiosity had directed their attention towards them. Yet India had produced some of the most illustrious of Englishmen—a Wellington-a Clive--and above and before all, Warren Hastings, without doubt one of the greatest men that ever existed-one who must be so considered, the times and surrounding circumstances being taken into account-either as the governor and administrator of an immense extent of country, as the ruler of hostile nations, or as the promulgator of a system for the
administration of law amongst the nations of India, the principles upon which it was founded having existed to the present hour. Even Lord Macaulay, the partial essayist, with no intention to exalt his character, admits “that Hastings was the first foreign ruler who succeeded in gaining the confidence of the hereditary princes of India, and who induced them to lay open to English scholars the results of the old Brahminical theology and jurisprudence.”
As by the wave of a magician's wand all this is changed ! Thanks to our parliamentary debates, to peripatetic lecturers, to readers of papers, our “own correspondents,” and other sources of information, the seal of the book has been removed, and some of its pages made a little more intelligible to us. The subject has become one of indescribable interest to our senators; it is at this moment the war-cry of opposite political parties; the subject of most anxious conversation in our home circles; the very urchins in our streets, familiar with the names of Delhi and Wilson, Cawnpore, Lucknow, and Havelock, shout into our ears the earliest intelligence from India. May not all this be the harbinger of great good ? I believe it to be so. Of this I am quite sure, that one of the branches of this all-important subject, to which, this evening, I venture to call the attention of the society, the Laws and Jurisprudence of India, will have its full share of interest and deep and careful consideration.
The connection of Hindú and Mahomadan laws with English law may appear at first sight to be a very “unholy alliance ;” but, on a comparison of the grounds and principles of these several laws with each other, it will be found that there is not so great a degree of antagonism as might be anticipated, each being based upon the natural and fundamental grounds of all law-commanding and rewarding what is right, prohibiting and punishing what is wrong. Indeed, in several most important particulars the similarity is remarkably strong, as I shall attempt to show hereafter; the differences consisting only in the application of those fundamental principles to the circumstances of any given case.
It would be simple affectation to allude in detail, before a