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THE

JOURNAL OF JURISPRUDENCE,

1857.

INCLUDING THE

PUBLIC GENERAL STATUTES

RELATING TO

SCOTLAND.

20 AND 21 VICT. (1857).

VOL. I.

EDINBURGH:

T. & T. CLARK, LAW BOOKSELLERS, GEORGE STREET.

GLASGOW SMITH AND SON.

ABERDEEN: WYLLIE AND SON.

LONDON: STEVENS AND NORTON

MDCCCLVII.

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NOTICE TO READERS.

WITH this Number the First Volume of the JOURNAL OF JURISPRUDENCE is completed; and the Publishers take the opportunity of acknowledging the very large measure of support which they have received from the Profession and the Public, in their attempt to establish a Legal Periodical for Scotland. Considering the limited nature of the field, and the difficulties peculiar to a publication exclusively occupied with technical matters, and contributed to wholly by professional men during the hurried intervals of business of more pressing importance, the Publishers can, on the whole, review the first year of the JOURNAL'S existence with some degree of satisfaction. They are well aware that this, the first Volume, is imperfect in many particulars; but, profiting by past experience, and encouraged by the large share of public approval which they have received, they hope to make the publication next year still more worthy of professional support.

In future numbers the original plan will be adhered to with some modifications. The same care will continue to be bestowed

on the Digest of Cases, more especially of those English Cases specially interesting to Scotch lawyers. All the Statutes relating to Scotland will, as hitherto, be published without abridgment. In the articles specially addressed to the Practitioner (which will in future be less of an elementary character), the current of recent Decisions will be traced, and a practical view exhibited of the changes introduced by Statute, and the progress of the Law generally. The JOURNAL will thus continue to be a complete compendium of the Law and Legislation of the year; while increasing attention will be paid to the discussion of measures in progress, and reforms contemplated.

38, GEORGE STREET, EDINBURGH,

30th November 1857.

THE

JOURNAL OF JURISPRUDENCE.

Review of the Month.

The Legislation of the past Year-The Codification of the English Statutes-Consolidation of the Statute-Law of Scotland-State of Business in the Court of Session-Remedies proposed-A Third Chamber-Operation of the Sheriff Court Act-Working of the Bankrupt Statute-Fees in Justiciary-Responsibility of Masters for Injuries to Servants—Colonial Appointments.

THE meeting of Parliament is at hand, and an additional volume of statutes is in prospect, even while the Acts passed during the last session can be scarcely yet said to have been brought into practical operation. Since the year 1696, there has not been a session of Parliament which has given to the country so many practical statutes, as the last. In the year 1696 were passed some of that class of statutes that mark an epoch in the history of the law. Stair and Mackenzie, at the time were dead, and the very name of the author of a legislation which has survived the changes of a century and a half, has passed away into obscurity. In this respect, the Lord Advocate will be more fortunate. It is due to the tact, with which he managed the Parliamentary business of last session, that such a series of important statutes were given to the country; and, it is because of the success which he has achieved, that we now propose to remind him, that only a tithe of his labour is accomplished, and that the country still demands, at his hands, the redress of very clamant grievances.

Of the legislation of last year, we have, first, the new Act as to bankruptcy, which makes pretensions to the completeness of a code. We shall have occasion to speak more particularly of it immediately. Of course, it requires to be tested by experience, and, as is shown in another article, it is not, perhaps, to be wondered at (seeing that there were so many hands at the making it), that things are ordered to be done "in the form set forth in schedules," which have been forgotten

VOL. I.-NO. I. JANUARY 1857.

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