INJUNCTIONS TO RESTRAIN-(continued).
reasons against this considered, 501
cases illustrative of the operation of the present system, 501, 502
INSANITY. Observations on the doctrine of, as applied to the capacity to make a will, 146
recent decision of the Prerogative Court on this point in the case of Frere v. Peacock, ib.
doctrine declared in that case, ib.
observations on the distinction thereon made between moral
and intellectual perversion, ib.
what is meant by "insane delusion?" 147 case of Dew v. Clarke, ib.
examination of the language employed in the judgment of that case, ib.
consistently with the doctrine of this case there is no dis- tinction between moral and intellectual perver- sion, ib.
argument for this position, ib.
the notion of moral insanity is not quite unknown to the law, 186
review of the authorities on this point, ib.. consideration of the question as to what are the grounds on which a judicial opinion can be formed on the state of a testator's mind, ib.
older cases on this subject, 186, 187
case of Frere v. Peacock would seem not to put the law on its true ground, 187
it would appear that there is no rule of law which con- stitutes intellectual delusion the only test of in- sanity, ib.
observations on the difference between the old and the new doctrine on this subject, ib.
remarks on what appears to be the true question to be solved in all cases of this kind, ib.
INSOLVENTS. On the applicability of the provisions of the 5 & 6 Vict. c. 116, and the 7 & 8 Vict. c. 96, in the case of, where they are wholly without assets, 97, 98
JEWS. Observations on the capacity of a person professing
the Jewish religion to sit in Parliament, 398
no direct authority on the question, ib.
LAND, BURDENS ON.
Committee appointed by the Queen for inquiring whether they can be diminished by the establishment of an effective system for the regis tration of deeds, and the simplification of the forms of conveyance, 51
commission directed to the above, 58
LANDS. On the power of joint-stock companies to hold under the 7 & 8 Vict. c. 110, and the 10 & 11 Viet. c. 78, without license from the Privy Council, 341 LEASES NOT UNDER SEAL. Agreements in, on actions by assignees of reversions on, 390
remarks on the decision of the Court of Queen's Bench on this point, in Standen v. Chrismas, 390, 391 LEGAL EDUCATION. On the absence of provision for, in the case of students for the bar, 197 qualifications for being called to the bar at present, ib. good lawyers produced under present system, ib. inference from this that it is not a bad one, ib. evils of the system, ib.
England an exception in this respect, ib. mode adopted in other professions, 198
incompetency of men who do obtain employment, ib. the public are injured by the system, ib.
so are the students themselves, ib.
observations on Mr. Joy's pamphlet on this subject, ib. neither the profession nor the public fully alive to its im-
supplement to the report of the select committee on, con- taining the evidence of Mr. Kaumensentz; review of, 491
supposed technical impossibility in the way of a Jew sit- LIMITATIONS, STATUTE OF. On the operation of,
ting in Parliament, ib.
this is a mistake, ib.
oaths which members are required to take, ib.
a Jew might conscientiously take them, ib.
same as those taken by barristers, some of whom are Jews, ib.
the difficulty of the question is as to the eligibility of Jews on legal principle, ib.
reasons for this difficulty, 399
difficulties supported by the 9 Geo. 4, c. 17, ib. arguments against these difficulties, ib.
the question must rest with the House in the absence of act of Parliament, ib.
supplementary remarks on the same subject, 489 Jews are admitted to the discharge of legislative functions in other countries, ib.
effects of this in France and Holland, 490 JOINT-STOCK COMPANIES ACT, (7 & 8 Vict. c. 110).
On the doubts which have been entertained as to the effect of the 25th section of, with reference to the power of such companies to hold lands in fee without the li- cense of the Privy Council, 341
various opinions held on this point, ib.
remarks thereon, ib.
some of these difficulties are removed by the 10 & 11 Vict. c. 78, ib.
provisions of that act, 342
intention thereof, ib.
difficulties in construing the words thereof, ib.
cases in which, under the new act, a license seems to be necessary, ib.
review of Mr. G. Taylor's Practical Treatise on, 449 JURY, TRIAL BY. Remarks on the objections made to the provisions of the County Courts Act, with refer- ence to, 57
with reference to money deposited with a banker by a customer, 157, 158
LINCOLN'S INN. Order by a special council of, dated 8th November, 1847, as to keeping terms at, in order to being called to the bar, 539
LOCAL AND PERSONAL ACTS (10 & 11 Vict.) declared public, and to be judicially noticed; titles of, 366-371, 378-383
MACQUEEN, MR. J. F. Review of his Treatise on the Rights and Liabilities of Husband and Wife, 527 MANDAMUS, WRIT OF. Observations on the, 18 origin of this writ, ib. what it is, and use of, ib. on what it is grounded, ib. process of obtaining, 19
power of issuing belongs to the Court of Queen's Bench, ib.
in what cases the Court will grant this writ, 19 cases as to granting it against corporations, ib. provisions of the 11 Geo. 1, c. 4, as to obtaining a man- damus in certain cases to elect a mayor, &c., 19, 26, 27
extension of these provisions under the 7 Will. 4 & 1 Vict. c. 78; 27
alterations in the common law effected by these statutes,
MANDAMUS, WRIT OF―(continued).
cases in which the Court will grant a mandamus, although the party applying has another remedy, 59
the application for a mandamus is an application to the discretion of the Court, ib.
when it is applied for in order to get restored to an office, a primâ facie right to the office must be made out, ib. quære, whether it lies to compel a corporation to pay a poor's-rate, ib.
time within which application for a mandamus should be made, 60
when a mandamus lies to judges of inferior courts, 60, 61 when not, ib.
cases in which a mandamus will not lie, 311
in the case of rates, ib.
in the case of offices, 311, 312
when a mandamus will lie to the ordinary to grant probate
or administration, 391
other cases as to offices, 391, 392
cases in which it will not lie to the ordinary to compel
him to grant administration, 392
when it will not lie to compel a grant of probate, ib. cases as to offices in which the writ will not lie, ib., 393 cases in which it lies to the warden of a college, 406 to the masters, ib.
to the visitor of a college, 406, 407
to the visitors of a charitable foundation, 406
to the vice-chancellor of a university, 407
to the president of the College of Physicians, ib.
to the benchers of an inn of court, ib.
it does not lie to admit an attorney to one of the superior courts, ib.
cases in which it will lie to a mayor and burgesses to
fill up vacancies of the burgesses, 407
other cases as to elections, 408, 430
cases where it will lie to grant inspection of corporation and other books, 447
cases in which it will not be granted to elect, admit, or restore to corporate offices, 447, 461
WITHIN THE PROHIBITED DE- GREES. Observations on, suggested by the recent case of Reg. v. Chadwick, 121
principle on which the question has been hitherto dis-
Mr. Foster's argument, 121, 122
examination thereof, 122
great difficulty of the subject, ib.
observations on the case of Reg. v. Inhabitants of St.
distinction between marrying the legitimate and the ille- gitimate sister of a deceased wife, ib.
no decision on this question, ib.
it is clear that for many purposes there is no consan- guinity between the legitimate and the illegitimate daughters, ib.
instances of this, 242, 243
confusion which must result if this distinction be not ex- tended to the case under consideration, 243 supposed evils of allowing it to be so extended, ib. consideration of these objections, ib. MARRIED WOMAN, REVERSIONARY INTEREST
OF, IN PERSONALTY. On the doctrine that it may be barred when not settled to her separate use, 405 case of Hall v. Hugonin, ib.
confirmed by the case of Bishopp v. Colebrook, ib. reasoning on which the former case was decided, ib.
rule to be derived from those cases, ib.
principle established by them, 406
ground on which it depends, ib.
difficulties of the subject, ib.
MASTERS IN CHANCERY. Remarks on the rumoured changes in the mode of transacting that part of the bu siness in Chancery which is now conducted before, 173 suggestions on this subject, ib.
propriety of giving publicity to the proceedings in that department, ib.
suggestion as to the abolition of the system of detached warrants, ib.
this change much required, ib.
description of the present mode of proceeding, ib. this system bad in theory, ib.
evils of the working of it, 173, 174
a continuous system of proceeding would remedy these, 174
other points in which change would be beneficial, ib. MASTERS EXTRAORDINARY IN CHANCERY. Gen- tlemen appointed at the following places in 1847:- Bath-Clarke, R., jun., 339
Cowdry, N., 51
Payne, E. T., 524
Viner, R., 3
Birmingham-Cutler, J. W., 286
Edwards, G., 256
Bridgwater-Trevor, J., 134
Bridport-Templer, H. A., 515 Carlisle-Guy, H., 29
Mounsey, G., ib.
Devises-Neate, H., 167 Dudley-Boddington, G. L., 91 Eastbourne-Whiteman, A., 515
Eastwood, Yorkshire-Eastwood, A. G., 51 Great Torrington-Doe, G., 493 Hebden Bridge, Halifax-Sutcliffe, W., 103 Huddersfield-Armitage, J., 286 Kidderminster-Browne, E. J. C., 230 Hardwicke, E., 482
Kingston-upon-Hull-England, R., 406 Leeds-Bruce, W., 91 Lewes Gell, J., 482 Luton-Benning, C. S., 51 Manchester-Gartside, B., 167 Market Drayton-Grimsby. H., 524 Montrose-Leighton, J., 493 Newcastle-upon-Tyne-Fenwick, J. C., 230 Newent, Gloucestershire-Edinonds, G., 299 Newport, Isle of Wight-Newby, C. J., 329 Nottingham-Cursham, W. G., 103 - Dufty, R. A., 524 Plymouth-Edwards, R. G., 51 Pontypool-Edwards, E. R., 91 Poole-Parr, W., 256
Rochdale-Whitehead, J. W., 299
MEMBERS RETURNED-(continued).
Townsend, Captain, J., for Tamworth, 529 Villiers, the Hon. F. W. C., for Weymouth, 515 Williamson, Sir H., Bart., for Sunderland, ib. MORRIS, M. R.
Review of his Analytical Digest of Prac-
MORTGAGE DEBT. On the doctrine of maintaining the existence of, as a charge in the case of a purchase of the equity of redemption, 377
necessity of legislative inquiry into, ib. ground on which it is founded, ib.
remarks thereon, ib., 378
a positive rule of law might obviate the inconvenience which the present doctrine is intended to avoid, ib. MORTGAGE DEBT, STAMP ON A FURTHER SECU- RITY FOR. Remarks on the recent case of Humber- ston v. Jones, with reference to, 175, 176
MORTGAGEE. On the right of, to proceed on his personal remedy after foreclosure, 470
recent case of Lockhart v. Hardy, ib.
points decided thereby, ib.
observations thereon, ib.
effect of this decision on the authority of the case of Perry v. Barker, ib.
remarks on that case, ib.
doctrine on this subject may now be looked upon as set- tled, 471
NOTICE OF DISHONOUR, observations on, 429 rationale of, ib.
what it must contain, ib.
observations on the case of East v. Smith, ib.
cases in which it is not required, 430
what amounts to a sufficient excuse in the case of notice to an indorser, ib.
decision in the case of Carter v. Flower, ib. remarks thereon, ib.
mode of alleging excuse which this case shews to be neces- sary in actions by indorsee against indorser, ib.
OLIPHANT, MR. G. H. H. Review of his Treatise on the Laws concerning Horses, Races, &c., 286 ORIGINAL ARTICLES contained in vol. 11. Alphabetical list of :-
Assignees of Reversions.-On actions by, on agreements in leases not under seal, 390 Attendant Terms.-On the effect of the Statute of Li- mitations (3 & 4 Will. 4, c. 27) on, 310 Attornies. On their privilege of suing and being sued in the superior courts at Westminster, 413 Bankers, Money deposited with.-On the operation of the Statute of Limitations with reference to, 157 Bankruptcy and Insolvency.—Summary of the material enactments of Lord Brougham's bill to amend the law and practice of, 81
on the question whether the stats. 5 & 6 Vict. c. 116, and 7 & 8 Vict. c. 96, are applicable to the case of insolvents wholly without assets, 97
remarks on correspondence on this subject, 123 observations on the proposed transfer of insolvency business to the local courts, 286
Bankruptcy and Insolvency Act.-Observations on, 301 Bar, the.-Remarks on the evils produced by the absence of a provision for the legal education of students for, 197
observations on complaints made by solicitors as to the undue exaltation of, 273
Bishops, Appointment of.-On the provisions of the 25 Hen. 8, c. 20, which relate to, 525
Conspiracy. On the law of, 69 Counsel. Attacks of the press on, with reference to non- attendance in cases in which they have received briefs, 37
on the privilege or license of, in conducting the de- fence of a client, 537
County Courts. On the propriety of giving them an
equitable jurisdiction, 9
on the same subject, 286
on the practicability of suitors in, dispensing with professional assistance, 109
ORIGINAL ARTICLES-(continued).
on the claim of barristers and solicitors to priority of hearing in, 145
on the exemption of attornies from being sued in, 413
on some points which appear to offer difficulties to the giving an equitable jurisdiction to, 457
County Courts Act, the.--On the objections made to the provisions of, with reference to trial by jury, 57 on splitting demands under the 63rd section of, 221 on the same subject, 229
on the question, whether the act does not require a separate judge to be appointed for each district, 309
Death by Accidents Compensation Act.-On the omission of the Legislature in framing, to make provisions for regulating the estate to be taken by the suf- ferers in the damages awarded by the jury, or the mode in which they shall be applied, 185 Defendants out of the Jurisdiction.-On the practice in equity as to, 518
Deposits by Subscribers to an Abortive Railway Scheme. -On the recovery of by, 459
Further Security for a Mortgage Debt.-Remarks on the case of Humberston v. Jones, with reference to the stamp on, 175
Game Laws, the.-Observations on, 133 General Register of Titles.-Report of the "Society for the Amendment of the Law," with reference to, 38 remarks on Mr. R. Wilson's plan for, 39
Gosset v. Howard, case of.-On the recent judgment of the Court of Exchequer Chamber in, 49 Injunctions to restrain.-On the jurisdiction of the courts of equity with reference to, 501
Insanity. On the doctrine of, as applied to the capacity to make a will, 146
Jews. On the capacity of, to sit in Parliament, 398 supplementary remarks on the same subject, 489 Joint-stock Companies Act, (7 & 8 Vict. c. 110).-On
the doubts which have been entertained as to the effect of the 25th section of, with reference to the power of such companies to hold lands in fee, without the license of the Privy Council, 341 Kinning, ex parte, case of.-Observations on, with re- ference to the principle that no person shall be exposed to loss or punishment without having an opportunity of defending himself, 241 Legal Education.-On the absence of provision for, in the case of students for the bar, 197 Mandamus, Writ of.-On the, 18
on the same subject, 26, 59, 82, 177, 188, 211, 230, 255, 311, 391, 406, 430, 447, 461
Marriages within the Prohibited Degrees.-Observations on, suggested by the case of Reg. v. Chadwick, 121
on the case of Reg. v. The Inhabitants of St. Giles in the Fields, 242
Married Woman, Reversionary Interest of, in Person- alty. On the doctrine that it may be barred when not settled to her separate use, 405 Masters in Chancery.-On the rumoured changes in the mode of transacting that part of the business in Chancery which is now conducted before, 173 Mortgage Debt.-On the doctrine of maintaining the existence of, as a charge in the case of a purchase of the equity of redemption. 377 Mortgagee.-On the right of, to proceed on his personal remedy after foreclosure, 470
Notice of Dishonour.-On the. 429
Parliamentary Counsel.-Observations respecting the practice of, 1
Parliamentary Proceedings in adjudicating on Private Bills, reform of.- Observations on, 253 Personal Estate of a Testator or Intestate.-When the Court of Chancery will interfere to restrain parties from dealing with, pending proceedings in the ecclesiastical courts respecting the grant of pro- bate or letters of administration, 317
Poisoning. Some observations on the suggestion made by the judge who tried a recent case of, at Liver-
ORIGINAL ARTICLES-(continued).
pool, as to the probability of the poison found in the body of the deceased being attributable to some other cause than that of its having been felo- niously administered, 165
further remarks on this case, 174 Praslin, Duc de.-Observations on the case of, 365 Process of the Superior Courts.-On the general rule as to the presumed correctness of, 50 Promissory Notes payable to Maker's own Order.-On their negotiability under 3 & 4 Anne, c. 9; 265 Promoters of Railway Companies. On their right to recover against the provisional committee for ser- vices, 17
Provisional Committee-men.-On their liability to third parties not conneeted with the company, 293
on some practical points which have arisen in actions between them and allottees, 329 Public Offices.-On the alienability of the emoluments attached to, 353
Purchase-money for Property charged with the Payment of Debts and Legacies.-On seeing to the appli cation of, 110
review of cases on this subject, 124 Reference to Arbitration. On the complaints made as to sending causes, set down for trial at Nisi Prius, to, 481
Scott, Mr.-Observations on his Letter to the Vice-
Chancellor as to the occupation of the time of the court by the Great Western Railway case, 517 Security for Costs.-Of the practice in equity as to the right of a defendant to have, when the plaintiff is a feme couverte, 526 Seduction of Daughter.-On the right of a parent to bring an action for damages for, 389
remarks on the same subject, suggested by a case which has recently appeared in the public journals,
Shopkeeper.-On his right to insist on the departure of a customer from his shop, 469
Specific Performance of a Contract for the Sale of a Chattel. On the uncertainty which prevails as to the jurisdiction of equity to decree, 445 Statute of Limitations.-On the difficulties introduced into titles from the rule, that it does not begin to run against a remainder-man whose estate is ex- pectant on an estate for life until the termination of such life estate, 25 Subscribers' Agreement. On the right of an allottce, when sued by the provisional committee, to inspect,
330. Supplemental Answers in Equity-On the admission of,
PARLIAMENTARY PROCEEDINGS IN ADJUDI CATING ON PRIVATE BILLS, REFORM OF Observations on, 253
suggestions on this subject recently made in Parliament, ib.
in the Law Review, 254
soundness of these suggestions, ib.
part which The Jurist has taken in this question, ib. PARLIAMENTARY PROCESS. Observations on the prin ciples of construction to be applied to, by the courts of justice, 50, 51
review of cases on this subject, 50
rule which appears to be established by the recent case of Gosset v. Howard, 51 PARTNERSHIP. Review of Mr. A. Bisset's Treatise on the Law of, 98
PATENT. Correspondence on novelty of invention in, 302 remarks thereon, 303 PERSONAL ESTATE OF A TESTATOR OR INTES- TATE. Where the Court of Chancery will interfere to restrain parties from dealing with, pending proceed. ings in the ecclesiastical court respecting the grant of probate or letters of administration, 317 recent decision of the Lord Chancellor on this point, in the case of Newton v. Ricketts, ib. doctrine of Watkins v. Brent confirmed in that case, it. remarks on the latter case, ib., 318 POISONING. Some observations on the suggestions made by the judge who tried a recent case of, at Liverpool, as to the probability of the poison found in the body of the deceased being attributable to some other cause than that of its having been feloniously administered,
gross injustice of the system illustrated thereby, ib. PRIVILEGE COUNSEL IN DEFENDING CLIENTS. Observations on, 537 difficulty of defining its limits, ib.!/ remarks on the absence of any precise rule on the subject in the profession itself, ib.
statement of what appears to be the rule thereon, ib, this rule explained and illustrated, 537, 538 justification of, 531
remarks on the mode of applying it, in practice, ib. illustrations of this, with reference to the case of Cour
voisier and the Mirfield murders' case, ib. J strictures on the argument of the counsel in that case on this subject, 539... propriety of the bar making a public declaration of their rule thereon, ib. PRIVY COUNCIL. On the power of joint-stock companies to hold lands in fee, under the 7 & 8 Vict. c. 110, and 10 & 11 Vict. c. 78, without the license of, 341 PROCESS OF THE SUPERIOR COURTS. Observa- tions on the general rule as to the presumed correctness of, 50 PROCESS, PARLIAMENTARY. Review of cases, with reference to this rule, in the case of Speaker's warrants,
in the case of commitments by the House of Lords, ib. principle of construction to be applied to such process by the courts of justice, 51
PROHIBITED DEGREES. Observations on the law as to marriages within, 121
abstract of Mr. Foster's argument on this subject, ib. remarks thereon, 122
PROMISSORY NOTES PAYABLE TO THE MAKER'S PURCHASE-MONEY-(continued).
OWN ORDER. On their negotiability under the 3 & 4 Anne, c. 9, 265
recent cases of Flight v. Maclean and Wood v. Mytton on this subject, ib.
intention of the statute, ib.
ground on which the case of Wood v. Mytion was de- cided, 266.
observations on the case of Flight v. Maclean, ib. PROMOTERS OF RAILWAY COMPANIES. Remarks on their right to recover against the provisional com- mittee for services, 17
recent case of Wilson v. Lord Curzon as to this, ib. point decided in that case, ib,
principle of this decision, ib.
review of cases on this subject, 17, 18
cases in which a registered promoter may recover from the committee, 18
against the heir or devisee, 111
against purchaser for consideration, ib. against alience without consideration, ib. under a simple contract, ib.
under a charge or trust for payment of debts, ib. reasons for exonerating the bonâ fide purchaser, ib. rule when there is no charge of debts, ib.
rule when the estate is charged with debts, 113 effect of this on the rights of creditors, ib. when a purchaser will be protected, ib. statement and examination of the rule, ib.. remarks on the case of Braithwaite v. Britain, ib.
it appears to be overruled by Eland v. Eland and Rogers v. Rogers, 114
remarks on these cases, ib,
review of cases on this subject, 124, 125
examination of the case of Forbes v. Peacock, 125, 126
PROVISIONAL COMMITTEE-MEN. On their liability RAILWAY BILL, MR. STRUTT'S. Review of Observa-
to third parties not connected with the company, 293 law on this subject, as laid down in Reynell v. Lewis and Wyld v. Hopkins, ib.
the same rule will apply where the defendant is a member of the managing committee, 294
the decisions in the above cases appear to be based on clear and intelligible principles, ib. they are of extensive application, not only as affecting railway companies, but other associations, ib. PROVISIONAL COMMITTEE-MEN AND ALLOT- TEES. Consideration of some practical points which have arisen in actions between, 329
as to the agreement constituted by the letter of applica- cation and that of allotment, ib.
as to the time within which the allotment should be made, ib.
as to the stamp, ib.
as to the parties to be sued, 330
as to the right to inspect the parliamentary contract anp the subscribers' agreement, ib.
PUBLIC OFFICES, EMOLUMENTS ATTACHED TO. On the alienability of the, 353
cases in which the law will not allow them to be aliened, ib.
conduct of executor, for the purpose of ascertain-
ing whether he is performing his trust, ib.
cases illustrating this rule, ib.
cases to which it extends, ib.
MOTERS OF. On their right to recover against the provisional committee for services, 17
review of various decisions on this question, 17, 18 RAILWAY SCHEMES, ABORTIVE. On the recovery of deposits by subscribers to, 459
RAILWAYS AND RAILWAY COMPANIES. Review of Mr. W. Hodges's Treatise on the Law of, 114 REFERENCE TO ARBITRATION. On the complaints made as to sending causes, set down for trial at Nisi Prius, to, 481
the bar blamed for this, ib.
the grounds of this complaint examined, ib.
courts of law have no machinery for trying cases of ac- count, ib.
they can only determine the rights of parties on a state of things known or assumed to be known, ib.
in cases of account this is not so, ib. courts of law are, therefore, compelled to send the par- ties to a reference in order that an account may be taken between them, 482
the evil arises from suitors presenting cases to those courts which are not in a position to be disposed of by them, ib.
REGISTERED PROMOTERS OF RAILWAY COM- PANIES. On their right to recover against provi- sional committees for services, 17, 18, REGISTRY, GENERAL. Review of Mr. W. W. Hum- REMAINDER-MAN EXPECTANT ON THE TERMI- phrey's Contributory Remarks on, 70 NATION OF AN ESTATE FOR LIFE. Remarks on the difficulties introduced into titles by the rule, that the Statute of Limitations does not begin to run against, until the termination of such estate, 25, 26 REVERSION, ASSIGNEE OF. On actions by, on agree- ...ments in leases not under seal, 390
remarks on the decision of the Court of Queen's Bench on this point in Standen v. Chrismas, 390, 391 REVERSIONARY INTEREST OF A MARRIED WO- MAN IN PERSONALTY. On the doctrine that it may be barred when not settled to her separate use, 405 5 n
REVIEW, COURT OF. Observations on the transfer of the jurisdiction of, to the Vice-Chancellor under the -new Bankruptcy and Insolvency Act, 301
SCOTT, MR. Observations on his Letter to the Vice-Chan- cellor, on the occupation of the time of the Court by the Great Western Railway case," 517.
statement of his argument, ib.
examination thereof, 517, 518
unsoundness and injustice of his reasoning, ib.
when purchaser is protected, he is protected both against SECURITY FOR COSTS. Of the practice in equity as to
creditors and legatees, ib.
remedies of creditors in different cases, ib.
the right of a defendant to have, when the plaintiff is a feme couverte, 526 CHATZAMA LIHAT ffb decision of the Lord Chancellor in Jones v. Fawcett, ib. observations on that case, 526, 527
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