XVII.-LEGAL INTERPRETATION, WITH ESPECIAL REFERENCE TO WILLS. By

F. V. HAWKINS, Esq.

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.

XVIII.-IS A JUDICIAL TRIBUNAL, EITHER OF THE LAST RESORT OR OTHERWISE,

BOUND BY THE PRINCIPLES LAID DOWN BY ITSELF ON PREVIOUS OCCASIONS?

By WALKER MARSHALL, Esq.

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.

XIX. ON THE RULES WHICH OUGHT TO GOVERN THE ADMISSION OF EXTRINSIC

EVIDENCE IN THE INTERPRETATION OF WILLS. By FRANCIS MORGAN

NICHOLS, Esq.

Rule excluding Parol Evidence to vary a Contract, 352; Rule as to

Wills, 858; Indicia of Meaning drawn from the Will, 355; From

extrinsic sources, 355; Proper limits of Extrinsic Evidence, 357;

Latent and Patent Ambiguity, Doctrine relating to, 366; Lord Bacon's

Commentary, 378.

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.

XXI.-HISTORICAL REVIEW OF THE FEODAL SYSTEM.

By PATRICK MAC

CHOMBAICH COLQUHOUN, LL.D., Member of the Supreme Council of

Justice of the Ionian Islands......

......

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.

PAGE

298

331

351

385

406

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.

PAGE

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.

XXV. CODIFICATION. BY WALKER MARSHALL, 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

THE MAIL STEAMER "TRENT," DEFENSIBLE BY THE LAW OF NATIONS?

By C. CLARKE, Esq.

475

416

........ 505

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..

533

Real Property Commissioners' Report, 533; 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, 563; Russia, 569; General review of

the subject, 570.

553

XXIX. THE EXPEDIENCY OF DIGESTING THE PRECEDENTS OF THE COMMON

LAW, AND REGULATING THE PUBLICATION OF REPORTS. BY GEORGE

SWEET, Esq......

577

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 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.

589

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.

PAGE

629

668

XXXIII.-ON COMMERCIAL BLOCKADES. By JOHN WESTLAKE ...................... 681

Mr. Cass' instructions to Ministers of the United States in 1859, 681;

Restrictions on Neutral Commerce, 682; History of Blockade, 684;

Etymology of Blockade, 701; Rules of Blockade between which we

must choose, 702; Rules considered on the grounds of Justice, 706;

Commercial Blockades considered on ground of General International

Policy, 718 Of Special British Policy, 716.

XXXIV.-COPYRIGHT IN THE FINE ARTS. BY WALKER MARSHALL, Esq.

.... 722

Defined, 722; Statutes, 724; Copyright in Pictures, 725; Registra-

tion, whether necessary, 727; Sculpture, 732; Engravings, 733;

Photography, 733.

XXXV. THE CIRCUIT SYSTEM, ITS INFLUENCE ON THE ADMINISTRATION OF

JUSTICE AND THE INTERESTS OF THE BAR

Changes since Circuits fixed, 735; Defective accommodation, &c., of

some Circuit Towns, 737; Disproportion between time and Cause List,

739; Unequal distribution of business, 739; Detention of Suitors and

Witnesses, 739; Interval between Assizes, 740; Proposed substitution

of District Courts, 740.

Official Reporting, 745; Multiplicity of Reports, and occasional

discrepancy, 746; Authenticity of Official Report, 747; What a Report

should show, 748; Should be sanctioned by Judge, 751; Mr. Daniel's

Suggestions, 755.

735

745

PAPERS

READ BEFORE

THE JURIDICAL SOCIETY.

L-ON THE HINDÚ 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

B

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