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TUTES passed in the Reigns of William IV. and Victoria, with explanatory Notes, containing short Statements of the decided Points and a full Reference to all the Cases upon each Enactment down to the Period of Publication, with Index, &c. By WILLIAM BROWELL, Esq., of the Middle Temple, Barrister at Law. Spettigue & Farrance, Law Booksellers, 67, Chancery-lane. they affect JUDGMENTS and CROWN DEBTS as This day is published, price 11. 188. cloth boards, 3. Subjects that may arise of peculiar Interest in the Common Law A LAW LEXICON, or DICTIONARY of JURIS Courts, to be from time to time announced. PRUDENCE; explaining all the Technical Words and Phrases 4. The Office and Duties of Justices of the Peace with respect to the employed in the several Departments of English Law; including, also, Administration of Criminal Justice. CONVEYANCING LECTURES, by FIELDING NALDER, Esq., The Law relating to Wills made previous to the Stat. 1 Vict. c. 26. THE SUBSCRIPTION PAYABLE: For all the For each Course. By Articled Clerks of Members.. £ s. d. £ s. d. 1 By Articled Clerks of Gentlemen not Members 3 4 0 0 1 10 0 The First Lecture will be delivered on Monday, 1st November. ROBERT MAUGHAM, Secretary. Law Society's Hall, October 1817. RO OBES.-T. HARRISON most respectfully solicits the attention of the Legal Profession to his Establishment for Robes of every description. The best qualities only are used, and the prices are moderate. The Richest Queen's Counsel Silk Gown. The very best Bar Gown 7 Guineas. .488. Ditto Clerk's or Attorney's County Courts Gown..50s. HARRISON, State and Law Robe Maker, 21, Brownlow-street, Bed Stevens & Norton, Bell-yard, Lincoln's-inn, and 194, Fleet-street. RULES and ORDERS of the COURT for RELIEF of CASES; for regulating the present Practice in Town and Country; to- J. S. Hodson, Printer to the Court, Clifford's-inn-passage, Fleet-street, and all other Booksellers. A S. Sweet, 1, Chancery-lane. GORDON ON THE GENERAL ISSUE. Just published, in 12mo., price 48. sewed, S. Sweet, 1, Chancery-lane. DISEASED AND HEALTHY LIVES ASSURED. THIS Office was established in 1841, and possesses Tables formed on a scientific Basis for the Assurance of Diseased Lives. Policies of twelve months' standing are not affected by suicide, duelling, &c., and Assigned Policies are valid from the date thereof, should death ensue from any of these causes. Policies issued by this Society give the Person whose Life is Assured THE RIGHTS and LIABILITIES of HUSBAND and permission to go at any time beyond the limits of Europe, on the pay WIFE, at Law and in Equity, as affected by modern Statutes and Decisions. By JOHN FRASER MACQUEEN, Esq., of Lincoln's-inn, Barrister at Law, Author of the Practice of the House of Lords and Privy Council. Part I., containing Cases not affected by Settlement; and the Practice upon Acknowledgments by Married Women. S. Sweet, 1, Chancery-lane. Just published, in one vol. 8vo., price 14s. cloth boards, THE STATUTES and ORDERS relating to PRACTICE and PLEADING in the HIGH COURT of CHANCERY, from ment of certain, but small and fixed, rates of Premium, which are indorsed on the Policy at the time when first issued. HEALTHY LIVES, both at Home and in Foreign Climates, are Assured with as much facility and at lower Rates than at most other Offices; and a capital of HALF-A-MILLION sterling, fully subscribed, affords a complete guarantie for the fulfilment of the Company's engagements. Prospectuses and Forms of Proposal will be forwarded, postage free, on Application to any of the Society's Agents, or to FRANCIS G. P. NEISON, Actuary, 25, Pall Mall, London. 1813 to Easter Term, 1847, classified according to the respective Pro- DEEDS for EXECUTION ABROAD.-Messrs. J. & R. By SAMUEL ceedings in a Suit; with a Time Table and Notes. SIMPSON TOULMIN, Esq., of Gray's Inn, Barrister at Law. S. Sweet, 1, Chancery lane, London. A This day is published, in 8vo., price 108. 6d., M'CRACKEN, Foreign Agents, 7, Old Jewry, beg to inform the Legal Profession that they undertake to forward Deeds for Execution by Parties Abroad, through their Correspondents on the Continent, for the Costs of Transmission and a simple Commission. List of Correspondents, and for further information, apply as above. Messrs. J. & R. M'CRACKEN are also Agents to the ROYAL ACA DEMY, and devote their attention to the Receipt of Works of Art, Baggage, &c. sent home by Travellers on the Continent for passing through the Custom-house. They also undertake to ship Goods to all Parts of the World. THE LAW.-A GENTLEMAN, who was admitted as a Solicitor and Attorney last Michaelmas Term, and has since been employed in a large London Office, is desirous of obtaining a CLERKSHIP in a Conveyancing or Parliamentary Office. Age 23 Years. Apply, if by letter, post-paid, to A. B., The Jurist Office, No. 3. Chancery-lane. LAW PARTNERSHIP.-A SOLICITOR, M. A. of one of the two Universities, where he graduated with high honours, and who, having served his time with an eminent firm of London Solicitors, has since read in the chambers of a Conveyancing and Equity Barrister, is desirous of treating with some firm of high standing in the profession for a share of their business. Direct to C. W., Messrs. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. TO BE SOLD.-A LEASEHOLD GROUND RENT of 1241. for sixty-one years, for 1000.; also, a LEASEHOLD HOUSE, held at 71. 7s. per annum Ground-rent, for an unexpired term of fifty-four years, and let at 801. per annum, for 5001. Apply to Edward Clarke, Esq., Solicitor, 5, Featherstone-buildings, Holborn. LAW BOOKS just published by WM. BENNING & CO., Law Booksellers, 43, Fleet-street. A ROPER ON LEGACIES-FOURTH EDITION. In 2 vols., royal 8vo., price 31. 3s. bds., TREATISE on the LAW OF LEGACIES. By the late R. S. 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With such Alterations and Additions as to render it conformable to the Statutes, Decisions, and General Orders regulating the Law and Practice, as to Evidence in the High Court of Chancery; together with divers further Illustrations, by Reference to the Law and Practice as to Evidence in the Courts of Common Law and Civil Law. By CHRISTOPHER ALDERSON CALVERT, Esq., M.A., Barrister at Law. CALVERT'S PARTIES TO SUITS.-SECOND EDITION. A TREATISE upon the LAW respecting PARTIES to SUITS in EQUITY. Second Edition. By FREDERIC CALVERT, Esq., of the Inner Temple, Barrister at Law, Fellow of Merton College, Oxford. CHITTY (JUN.) ON PLEADING. In 1 vol. royal 8vo., price 21. boards, PRECEDENTS in PLEADING; with copious Notes on Pleading, Practice, and Evidence. By the late JOSEPH CHITTY, Jun., Esq. The Second Edition, containing References to all the Cases decided upon the New Rules of Pleading, and short Preliminary Observations on the more important Subjects. By HENRY PEARSON, Esq., of the Middle Temple, Barrister at Law. * Part II. may be had separately, price 17. 18. boards. MANORIAL CUSTOMS.-WATKINS'S TREATISE on COPYHOLDS. A new Edition, with a Portrait of the Author. Corrected and very much enlarged from the Author's Papers; and further augmented with Notes, by VIDAL. To which is added, an APPENDIX, containing 300 Manorial Customs. 2 vols. 8vo., halfbound calf, 6s. Andrew Robertson, Law Bookseller, 30, Chancery-lane. *** A. R., having bought the remainder, has reduced the price from 30s. in boards to 68. bound. ALWAYS on SALE, a very LARGE STOCK of SECOND-HAND LAW BOOKS, including all the Reports, Ancient and Modern, Text Books, &c., at very reduced prices. BOOKS. LAW BOOKS, MANUSCRIPT PRECEDENTS, AND NOTE Mr. HODGSON will SELL by AUCTION, at his Great Room, 192, Fleet-street, (Corner of Chancery-lane), on WEDNESDAY Next, November 3rd, at half-past 12, THE VALUABLE LAW LIBRARY of a CHANCERY BARRISTER, and a PORTION of the LIBRARY of an EAST INDIA JUDGE, lately deceased, including Runnington's Statutes at Large, to 9 & 10 Victoria; Petersdorff's and Bacon's Abridgments; Treatises on East India Jurisprudence; Modern Treatises and Books of Practice; the Reports of Dickens, Vernon, Strange, Ambler, Eden, Brown, Cox, Vesey, Vesey, jun., SECOND EDITION, Vesey & Beames, Cooper, Merivale, Swanston, Jacob & Walker, Jacob, Turner, Russell, Russell & Mylne, Mylne & Keene, Mylne & Craig, Craig & Phillips, Phillips, Keen, Beavan, Maddock, Simons & Stuart, Simons, Younge & Collyer, Collyer, Hare, Rose, Glyn & Jameson, Bligh, Clark & Finnelly, Knapp, Plowden, Coke, Croke, Burrow, Cowper, Douglas, Durnford & East, East, Maule & Selwyn, Barnewall & Alderson, Barnewall & Cresswell, Barnewall & Adolphus, Adolphus & Ellis, Chitty, Blackstone, Broderip & Bingham, Bingham, Robinson, Haggard, &c. MANUSCRIPT PRECEDENTS in Law, Equity, and Conveyancing; the Note Books, Crown Cases, Reports, &c. of an eminent Reporter and East India Judge. To be viewed, and Catalogues had. Just published, in 2 vols., royal 8vo., price 21. 108. in boards, PLATT on LEASES.-A TREATISE on the LAW of LEASES, with Forms and Precedents. By THOMAS PLATT, Esq., of Lincoln's-inn, Barrister at Law, Author of "A Practical Trea tise on the Law of Covenants." "Mr. Platt has presented the profession with a full and complete treatise of the whole law and practice relating to leases, accompanied by an ample collection of precedents, and we are glad that the work has fallen into such competent hands, equally in regard to practical expe rience and professional learning."-Legal Observer. A. Maxwell & Son, Law Publishers, 32, Bell-yard, Lincoln's-inn. BRADY ON EXECUTORS.-ELEVENTH EDITION. PLAIN INSTRUCTIONS to EXECUTORS and AD MINISTRATORS; shewing their Duties, and how safely to per form them; and especially illustrating, by Forms adapted to every va riety of case, all of which are properly filled up, the mode of complying with the Requisitions of the Legacy-duty Office, in passing the Accounts and paying Legacy-duty, obtaining a Return of Probate Duty, &c. This work is in very general use in Attorneys' Offices. By J. H. BRADY. A. Maxwell & Son, Law Publishers, 32, Bell-yard, Lincoln's-inn. CRABB'S LAW OF REAL PROPERTY. Just published, in 2 vols. royal 8vo., price 21. 18s. boards, THE LAW of REAL PROPERTY, practically arranged and digested in all its branches; including the very latest Deci sions of the Courts. By GEORGE CRABB, Esq., of the Inner Temple, Barrister at Law. "Mr. Crabb informs us in his Preface that this Work has occupied indisputable evidence of patient industry in the gathering of the mate his leisure time for ten years. We can readily believe so. It bears rials, and anxious thought in their arrangement. Everywhere there is visible the hand of one who has brought experience to the aid of learning; who knows what are the practitioner's wants, and sets himself to supply them."-Law Times. Also, by the same Author, In 4 vols, royal 8vo., price 67. 68. boards, CRABB'S DIGEST OF THE STATUTES.-A Digest and Index, with a Chronological Table of all the Statutes from Magna Charta to the end of the 9 & 10 Vict. To which are added, with great care and exactness, the Reported Decisions of all the Courts with which each Section is connected. *The Publishers respectfully beg leave to call the attention of the Profession to the fact, that Mr. Crabb's Digest and Index is the only Work that professes to embrace all the Statutes, and that it contains an account of every Statute, more or less copious, according to its prac tical utility. The Value of the whole is materially enhanced by the Index to the Four Volumes, now published. A. Maxwell & Son, Law Publishers, 32, Bell-yard, Lincoln's-inn. ORDERS of the HIGH COURT of CHANCERY, from the Earliest Period to the Present Time. (12 Rich. 2 to 8 Vict.) By GEORGE WILLIAM SANDERS, Esq., Barrister at Law, and Chief Secretary at the Rolls. SANDERS ON USES AND TRUSTS. In 2 vols. royal 8vo., price 11. 12s. boards, AN ESSAY on USES and TRUSTS, and on the Nature and Operation of Conveyances at Common Law, and of those which derive their effect from the Statute of Uses. By the late FRANCIS WILLIAM SANDERS, Esq. The Fifth Edition, with additional Notes and References, by GEORGE WILLIAM SANDERS, Esq., of Lincoln's Inn, and JOHN WARNER, Esq., of the Inner Temple, Barristers at Law. "This edition is very ably edited by the son of the very learned author and Mr. Warner, both experienced conveyancers."-Warren's Law Stu dies, p. 573. COLLINS ON THE STAMP LAWS. In 8vo., price 11. Is. boards, The STAMP LAWS complete, considered with a view to their Infu ence on the Admission of Deeds and other Writings in Evidence; the Probate and Legacy Duty Acts, and the Cases decided on each Section, with an Appendix of the Stamp Acts relating to Ireland and the United Kingdom. By G. W. COLLINS, Esq., of Lincoln's Inn, Barrister. JONES'S ATTORNEY'S POCKET-BOOK. In 2 vols. 12mo., price 1. 1s. boards, The ATTORNEY and SOLICITOR'S NEW POCKET-BOOK and CONVEYANCER'S ASSISTANT, containing the most common sad approved Precedents, with many Practical Remarks. By F. C. JONES, Esq., of Gray's Inn.' The Seventh Edition, with some useful Prece dents; the whole altered and adapted to the present state of the Law and the Practice of Conveyancing. By J. CRISP, Esq., of Gray's Inn. MACPHERSON ON THE LAW OF INFANTS. Royal 8vo., price 17. 6s. boards, A PRACTICAL TREATISE on the LAW relating to INFANTS. By WILLIAM MACPHERSON, Esq., of the Inner Temple, Barrister "The entire Law of Infancy in all its branches has been well digested by Mr. Macpherson in this able and very valuable work, which contains nearly 600 pages, exclusive of Appendix and Index."-Law Magazine, Feb. 1844, p. 119. at Law. A. Maxwell & Son, Law Publishers, 32, Bell-yard, Lincoln's Inn. Printed by LUKE JAMES HANSARD, PRINTER, residing at No. 7, Southampton Street, in the Parish of St. George, Bloomsbury, in the County of Middlesex, at his Printing Office, situate in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County aforesaid; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, LAW BOOKSELLER and PUBLISHER, residing at No. 11, John Street, Bedford Row, in the County of Middlesex. Saturday, October 30, 1847. No. 565-VOL. XI. NOVEMBER 6, 1847. PRICE 18. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: A. GORDON, Esq. of the Inner Vice-Chancellor Wigram's F. FISHER, Esq. of Lincoln's 1 Inn, Barrister at Law. {^ Temple, Barrister at Law. { TENISON EDWARDS, Esq. of the The Lord Chancellor's {A. GORDON, Esq. of the Inner Court ..... Temple, Barrister at Law. G. Y. ROBSON, Esq. of the Inner LONDON, NOVEMBER 6, 1847. SOME degree of uncertainty hangs about the jurisdiction of equity in reference to the doctrine of specific performance of a contract for the sale of a chattel. The old notion was, that specific performance could only be had of an agreement relating to real estate; but it is well pointed out by Mr. Justice Story, in his treatise on Equity Jurisprudence, that there is no such distinction in regard to that part of the jurisdiction of equity, as that supposed to be founded on the difference between real and personal estate. The true ground for the jurisdiction is, as stated in that work, (vol. 1, p. 24), that in the particular case damages at law may not afford a complete remedy. "Thus," he says, "courts of equity will decree performance of a contract for land, not because of the particular nature of land, but because the damages at law, which must be calculated upon the general value of land, may not be a complete remedy to the purchaser, to whom the land purchased may have a peculiar and special value. So courts of equity will not generally decree performance of a contract for the sale of stock or goods, not because of their personal nature, but because damages at law, calculated on the market price of the stock or goods, are as complete a remedy for the purchaser, as the delivery of a stock of goods contracted for, inasmuch, as with the damages, he may ordinarily purchase the same quantity of the like stock of goods." The general doctrine, then, is pretty clear and well established, but there is often difficulty in applying it. A contract, for instance, for the sale of common stock, or of goods generally, will not be, it is admitted, specifically performed; but a contract for the sale of stock, where the title to the stock depended on the possession of certain certificates, has been specifically performed. (Doloret v. Rothschild, 1 S. & S. 590). So, in a very VOL. XI. ૨૨ Court ...... recent case, (Duncuff v. Albrecht, 12 Sim. 189), specific performance of a contract for the sale of a certain number of shares in a railway company has been decreed. The reasons given for the decisions in both these cases shew that the Court sought, as the ground of the jurisdiction, the fact, that there was, or might be, in the nature of the thing contracted to be sold, something which distinguished it from other apparently similar objects of sale; something which gave, or might give, to it an intrinsic value not of necessity measurable in damages. "In my opinion," said the Vice-Chancellor of England, in Duncuff v. Albrecht, "there is not any sort of analogy between a quantity of 31. per Cents., or any other stock of that description, (which is always to be had by any person who chooses to apply for it in the market), and a certain number of railway shares of a particular description, which railway shares are limited in number, and which, as has been observed, are not always to be had in the market." It is, indeed, obvious, that a man can hardly require 37. per Cent. stock, except as a mode of possessing money; and, therefore, that the loss of it can be compensated by damages; while shares in a particular railway company may be desirable for specific purposes quite distinct from their pecuniary value; and their loss may, therefore, be quite incapable of being compensated in damages. There is also a further distinction, in reference to chattels, the loss of which would, under ordinary circumstances, be capable of being compensated in damages. Thus, where the contract is for the sale of some chattel, the possession of which is deferred to some future time, so that the profit to be derived from the contract, depending on future events, cannot he correctly estimated in damages, specific performance will be enforced. This is the doctrine of Taylor Neville, (cited in 1 S. & S. 610), before Lord Ha wicke, where a contract for the sale of a quantity of iron to be delivered at a future time, and by instalments, was enforced; and of Adderly v. Dixon,(1 S. & S. 607), where a contract for the sale of certain debts proved under a commission of bankruptcy, was enforced, because the sale was of uncertain dividends. such as to lead to an inference that a defendant had reason to believe that a bill was actually intended to be filed, and there was nothing else in the case, it may not be necessary, to bring a case within the Order, that a bill should have been actually filed before the defendant absconded; because, if the defendant believed that a bill was going to be filed, it would be too much not to impute to him, when one finds him, in fact, absconding, the intention in absconding of evading process. It may certainly be argued, that a man absconding before a bill is filed, must be taken to abscond to avoid the step that is about, in his belief, to be taken, and not some subsequent step; but, as every one knows that the filing of a bill is nothing, except as a prelimi That a contract for the sale of a specific chattel, having a peculiar value, resting upon its individuality, will be enforced, is well settled; but in regard to the intermediate class of cases, where a chattel may have a pretium affectionis, without being of so specific a character as to bring it precisely within the Pusey-horn case, and that class of cases, it has not been expressly determined whether the jurisdiction to enforce specific performance exists. Since the cases of Doloret v. Rothschild and Duncuff v. Al-nary to compelling the defendant to answer it, a man, brecht, it may be thought that wherever the object of sale is such, that either there may by possibility be an uncertainty whether the purchaser can procure another object of the same kind, or that the possession of it may be desirable for other purposes than as a mere equivalent for money, specific performance will lie. But our readers will of course not require to be told that there is nothing more unsafe in English law, than to rely upon a case decided in reference to a specific matter, as an authority for a general principle, unless the general principle is to be found enounced in it in terms. OBSERVATIONS ON THE 31st GENERAL ORDER IN CHANCERY OF 1845. A case occurred before the Vice-Chancellor Wigram, on the 3rd instant, calculated well to try the efficacy of the 31st General Order in Chancery of the 8th May, 1845. The plaintiff had brought an action against the defendant, and recovered judgment two years ago, with stay of execution during a short period; and during that period, the defendant sold his personal property, and left England. The plaintiff then filed a bill under the 1 & 2 Vict. c. 110, to make the judgment a charge upon the defendant's real estate. The question was, whether the Court could, under these circumstances, order the defendant to appear, and, in default, order an apto be entered for him, so as to enable the plaintiff to go on and take the bill pro confesso. His Honor pearance took time to consider. The 31st Order of 1845, requires several things in order to lay a foundation for the jurisdiction of the Court. First, it must appear that the defendant has been within the jurisdiction at some time, not more than two years before subpoena was issued; secondly, that he is beyond the seas, or that, on certain inquiries, he could not be found; and, in either case, it must appear to the Court, on sufficient evidence, that there is just ground to believe that such defendant is gone out of the realm, or otherwise absconded to avoid being served with process, and then the Court may order him to appear on a given day; and, if he does not, may order an appearance to be entered for him. The material question in such a case as that referred to is, what is evidence to induce the Court to believe that a defendant has gone out of the realm to avoid process. It may be perfectly true, that if the facts are whose acts shew that he intended to avoid a bill, may well be taken to intend avoiding, not the filing of the bill merely, but his being forced to come in as a defendant. But in the case before the Vice-Chancellor Wigram, the facts were quite consistent with the defendant not only having no reason to believe that a bill was going to be filed; but even, if he had so believed, with his having absconded, not for the purpose of avoiding either the bill or the consequential process, but with a totally different object, viz. to avoid himself or his personal estate being affected by the judgment at law. An action had been brought, and judgment recovered, with stay of execution; in the period of suspension of execution, the defendant absconds. How, can his so absconding (assuming the evidence of his intention to with any presumed purpose, except that of avoiding the be inferential and not specific) be properly connected existing danger, viz. the judgment and its consequences? It would be extremely unnatural to suppose that a is actually pressing upon him, but some contingent man running away, does so, not to avoid the danger that danger, which may never come into existence at all. But more, it is, in such a case as that referred to, scarcely possible to impute to a defendant the belief that lief, one must impute to him enough of law to know a bill would be filed. For to impute to him such a be that a bill would be wholly unnecessary, if the judg ment at law could be executed. Now, the only thing that could render the judgment unavailable, would be precisely what took place, viz. the defendant's selling the defendant to sell his property and to abscond, would his personal estate and absconding. The intention of therefore, of necessity, precede, and form the foundation of the intention of the plaintiff to file a bill; whereas the plaintiff's argument, in order to bring his case within the 31st Order, must be, that the intention to abscond was founded on a pre-existing expectation of a bill being filed. with considerable vagueness. It gives no tered up against a man, and he runs away, knowing that if he does not run away, there is no occasion whatever for a bill in equity to be filed against him; it is a strong thing to say, that he runs away, not from the judgment, but from the bill, which is only likely to be filed if he does run away. And we should conclude with reference to the construction of the 31st Order of 1845, generally, that to bring a case within it, it should be shewn either, that a bill was actually filed when the defendant absconded, or that he had specific information of the probability of a bill being intended to be filed; and that, in either case there was no other ground of danger, to which his absconding could be more naturally referred, than to the fear of process in equity. refused to grant the writ. (R. v. The Merchant Tailors' Company, 2 B. & Adol. 115). has granted the writ of mandamus to elect, admit, and Having considered those cases in which the Court restore to corporate offices, we will proceed to enumerate some of the principal cases in which it has been refused for the like purpose. that which is to be determined by evidence, is not the existence of a particular fact, or the doing of a positive act, but the existence of a particular motive for the actions of a human being, not manifested outwardly, but to be collected from his actions, it would not be extraordinary that even judges should differ in the inference they draw from facts. To return, however, to Where a bye-law of a corporation directed, that, the particular case that we have been discussing, we do upon the happening of any vacancy in the number of conceive, that when a judgment at law has been en-twenty-four common councillors, such vacancies should be filled by the freemen inhabiting the town; and that a court should be holden once every year, at which it should be lawful for the bailiffs to admit to the freedom of the town such persons of good fame as had been resident there for one whole year; the Court refused a mandamus to the bailiffs to admit a person to the freedom of the borough, because the bye-law did not give to every such person who had been so resident for that period an absolute right to be admitted. ( (Rex v. Eye, 1 B. & C. 85; 4 B. & Ald. 271; S. C., 2 D. & R. 172). And where a charter authorised the mayor and recorder, or their respective deputies, and the rest of the aldermen of a borough for the time being, or the greater part of them, from time to time and at all times thereafter, as often and when to them it should seem fit and necessary, to nominate, choose, and prefer, so many and such persons to be free burgesses of the borough as they pleased; the Court refused to grant a mandamus to compel the mayor and aldermen to proceed to the election of free burgesses, or to hold a meeting for the purpose of considering the propriety of proceeding to such an election. (Rex v. Fowey, 2 B. & C. 584; S. C., 4 D. & R. 132; Rex v. The Mayor of Chester, 1 M. & S. 101). Nor will the Court in any instance grant a mandamus to compel a corporation to elect members of an indefinite body. (Ib.) Nor will the Court grant a mandamus to elect another in the place of a non-resident, unless the non-resident has 590). So in the case of a vacancy of a capital burgess. been previously removed. (Rex v. Truro, 3 B. & Ald. (Ilchester case, 2 Chit. 257). Nor will two writs of cross or concurrent mandamus be granted to go to election in corporations, unless upon some special reason, such as a manifest belief that the first will be improperly executed, or laches in the party first applying. (Rex v. Wigan, 2 Burr. 782; 2 Ld. Keny. 584). "And where a mandamus was applied for, in order to raise the question against a usage set up, whether the election of officers ought to be annual, the Court refused to grant the writ, there being another remedy open to the parties. (Rex v. Chester, 1 M. & S. 101; see Rex v. Scarborough, Str. 1180; Foot v. Prowse, Str. 625; and Amery, 2 T. R. 515; 4 T. R. 122; The Corporation of Reg. v. The Blackwall Railway Company, 9 Dowl. P. C. 558). ON THE WRIT OF MANDAMUS. (Continued from p. 433). Notwithstanding the Court is always willing to afford an opportunity to persons seeking information of particular facts contained in corporate or other books of a public nature, it nevertheless will not grant the inspection required, unless the information sought is clearly one affecting the applicant's interest; for the mere fact of a person being a member of the corporation will not give him a right to inspect the corporate books concerning matters having no reference to his rights as a burgess. Thus, where an attorney brought an action against a corporation to recover the amount of his bill for business done, applied for an inspection of the corporation books, so as to enable him to prove his retainer, the Court refused the application for a mandamus. Littledale, J., said, “The plaintiff's claim here has nothing to do with the affairs of the corporation. If the books are required at the trial, notice must be given to produce them." Such applications as the present are granted only in those cases where the Where at an election for a commissioner under a cersite party stands in the situation of a trustee for both tain local act of Parliament, M. and T. were candiparties. (Stevens v. The Mayor of Berwick-upon-Tweed, which T. obtained a rule nisi for a mandamus to certify dates, and M. was duly elected and sworn in; upon 4 Dowl. P. C. 277). So, where an application was made his election and swear him in upon an affidavit, stating by some of the freemen and liverymen of the Merchant that he had a majority of votes: the Court, however, Tailors' Company for a mandamus to the masters and on argument, discharged the rule, with costs, on the wardens to allow them to inspect and take copies of all ground that a mandamus was not the proper remedy, records, books, and muniments in their possession be- but an information in the nature of a quo warranto longing to the said company, or relating to the affairs against M. (R. v. Beedle, 3 Adol. & Ell. 467). If the validity of an election is doubtful, and the thereof, on the ground that the attention of the appli- office is full de facto, the Court will not grant a mancants had been called to the state of the affairs of the damus to proceed to a new election until after the vacompany, which induced them to suppose that the re- lidity of the first election has been tried upon a quo venues were improperly employed, through malprac-warranto information. (Case of the Borough of Tintice on the part of those members who had the manage- tagel, 2 Stra. 1003; Rex v. Bankes, 3 Burr. 1453; Reg. v. Phippen, 7 Adol. & Ell. 970; Rex v. ment of the company's affairs, and setting forth certain 215; Rex v. Derby, Id. 419; Rex v. Beedle, 3 Adol. & Winchester, Id. instances of misgovernment not affecting the parties Ell. 467). So, if an application is made to the Court themselves, or any question then pending, the Court for a mandamus to compel a corporation to proceed to oppo |