Theoretical Principles, 298; Difficulty of deducing Principles from
enormous mass of Decisions, 299; Rule of the Civil Law, 299; Inter-
pretation of Treaties, 301; Definition of Grotius, 301; Rickman v.
Carstairs-Doe v. Gwillim, 303; Sir J. Wigram's Rule, 303; Object
to discover what was intended by the words, 304; This position
illustrated, 334; Objections answered, 312; Means of harmonising
expression with intent, 313; Intrinsic, Extrinsic, and Circumstantial
Evidence, 313; Should all be resorted to whenever necessary, 316;
Sir J. Wigram's Proposition with respect to Extrinsic Evidence
Examined, 317; Common Law Rule, 323; Limits of Inferential
Interpretation, 325.
Opinions upon the question differ, 331; Inferior Courts bound by
decision of superior, 332; Courts of concurrent jurisdiction-instances
of conflict, 333; Classification of erroneous Decisions, 335; Erroneous
Decisions leave the Law unaltered, 336; A Court may decide contrary
to a principle previously established by itself, 337; Instances in which
it has advisedly done so, 339; Courts of ultimate jurisdiction and final
appeal, how far bound, 341; The House of Lords, 343; French Court
of Final Appeal, 346; Prussian Court of Final Appeal, 347.
XX. THE TAXATION OF SUITORS. By S. MARTIN LEAKE, Esq.
Opinion of Master of the Rolls and Vice-Chancellor Wood, 385;
Bentham's Views, 386; Question considered, 387; Costs between Party and Party, 389; Costs between Suitors and Court, 390; Costs of Maintaining the Court should be paid by the State, 891.
Origin of the Feodal System, 406; Connection with Roman Law,
409; Law of Inheritance, 410; Allodal Lauds, 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
England, 487.
XXIII-IS THE GOVERNMENT OF THE UNITED STATES OF AMERICA ENTITLED,
UNDER THE ASHBURTON TREATY, TO CLAIM THE EXTRADITION OF THE
FUGITIVE ANDERSON? By the Hon. GEORGE DENMAN, Q.C., M.P....... 452
Facts of Anderson's Case, 453; Case considered irrespective of
Treaty, 454; Rex v. Hutchinson, 458; Lundy's Case, 459; Rex v.
Kimberley, 460; East India Company v. Campbell, 461; Mure v. Kay,
462; Considered with reference to Extradition Treaty, 466; Statute
6 and 7 Vict. c. 76, 469; 22 Vict. c. 89, 470.
XXIV.-ON PROMOTION AT THE ENGLISH BAR:-ITS EFFECT ON THE BARRISTER,
THE CROWN, AND THE SUITOR. BY EDWARD WEBSTER, Esq., Barrister-
at-Law......
History and Constitution of Inns of Court, 475; Distinction between
Inner and Outer Bar, 480; Evils of System, 482; System at Scottish
Bar, 492; Appendix, 494.
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, 330;
Propositions, 531.
XXVII. SIMPLIFICATION OF TITLE TO LAND PREFERABLE TO THE INTRODUCTION
OF NOVEL MODES OF ASSURANCE, WITH AN OUTLINE OF A PLAN. By
EDWARD P. WOLSTENHOLME, Esq..
XXX.-ON THE TRUE REMEDIES FOR THE EVILS WHICH AFFECT THE TRANSFER
OF LAND. BY JOSHUA WILLIAMS, Esq........
Evils to be remedied, 589; How they arose, 589; Plans proposed,
591; Encumbered Estates' Court, 592; Causes of professional opposi-
tion, 593; Scottish System of Remuneration, 600; Printing of Deeds,
601; Abstracts of Title, 602; Registry of Deeds, 605; Lord St.
Leonard's opposition, 607; Registration of Title, 614; Law of Inheri
tance, 615; Execution of Powers of Attorney, 617; Mortgages, 618;
Trust Terms, 621; Statute of Uses, 622; Estates of Married Women,
623; Tenancy in Common, 624; Bankruptcy, 625; Crown Debts and
Judgments, 625; What investigation of Title would be necessary, 626.
XXXI. THE PRINCIPLES AND RULES OF NEUTRALITY-THE FOREIGN ENLIST-
MENT ACT-THE ALABAMA. By W. W. KERR, Esq.
Nature and extent of obligations imposed by International Law, 629;
Obligation on the part of a Neutral to abstain from supplying Belli-
gerent with means of carrying on the war, 633; Supply by Subjects
of Neutral of Munitions of War, 634; Legality of such trade, 635;
Opinions of Mr. Duer, 635; Instances in which Great Britain has
remonstrated, 642; Aid afforded by means of Loan contracted in
Neutral Territory, 644; Building and equipment of Vessels of War in
Neutral Territory, 645; Foreign Enlistment Act, 646; American Act,
647; British Legislation, 650; American Legislation, 651; Principles
according to which Act should be construed, 653; American cases, 655;
Case of the Alabama, 656; Claim for Compensation, 661.
XXXII.-THE PROVISIONS OF THE FOREIGN ENLISTMENT ACT RELATING TO
SHIPS. BY FRANCIS S. REILLY, Esq.
Provisions relating to Ships in connection with Enlistment [ss. 5, 6],
669; Equipping Vessel so as to augment its warlike force [s. 8], 670;
Original Equipment, &c., of Ships [8. 7], 670; Letter of Historicus,
673; Commissioning Ship within Queen's dominions with intent, &c.,
675; Expediency of amending the Act, 675; Propriety of prohibit-
ing sale of Ship already equipped, although not so equipped under
previous Contract, 675; Case of Santissima Trinidad, 676; United
States Act of 1818, 677; Propriety of prohibiting Commissioning by
belligerent power within British jurisdiction, 678.
L-ON THE HINDÚ AND MAHOMADAN LAWS, AS ADMINISTERED IN INDIA, AND IN CONNECTION WITH ENGLISH LAW. By W. H. BENNET, Esq.
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
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