21 tive) [from Scotland, it was held that he had not lost his domicil of origin. (Brown v. Smith, 15 Beav. 444; 21 L. J., Ch., 356). Again: a testatrix lived with her husband on his estate in Suffolk till his death in 1842: on the sale of that estate, in the same year, she removed, with her plate and furniture, to a place near Wakefield, where a son-in-law had taken a house, and lived there with her son-in-law and daughter till 1844. In that year they all left, the testatrix warehousing her furniture near Wakefield, and leaving her plate at her banker's in London, to whom she gave a power of attorney to receive all money due to her, her property consisting of an annuity out of Barbadoes property, money in the funds, and railway shares. They wintered together abroad, and from that time till her death the testatrix resided abroad at different places, in consequence of rheumatism, but generally passed the summer in England. During her latter years, however, she resided with her son in a house in France, which she had encouraged him to take, and eventually built a house there, (which remained unfurnished at the time of her death), and had some of her furniture removed from England. A great mass of declarations and conversations were given in evidence both in favour of an English and a French domicil. Sir C. Cresswell, after stating the facts at length; stating the law to be that no man could have two domicils for the purposes of succession, and that his forum originis remained till he had acquired another, and manifested and carried into execution an intention of abandoning his former domicil; and finally discussing most elaborately the different portions of the evidence; determined that it was impossible to say that the testatrix, animo et facto, had abandoned her English domicil. (Crookenden v. Fuller, 5 Jur., N. S., part 1, p. 1222). It may, perhaps, be worth remarking, before we leave this case, that it therein appeared that, according to the law of France, if a Frenchman were to come to London for a day, and there make his will in English form, his will would be a good one. Correspondence. PRIVATE ACTS. TO THE EDITOR OF "THE Jurist." SIR-A mistake is annually made by the framers of private acts, which perhaps a notice in your paper will put a stop to. а The clause invariably inserted in such acts, that " copy of it printed by the Queen's printers may be given in evidence," &c., was always of a most Hibernian character; for it is evident that, in strictness, "judges, justices, and others" could have no more judicial knowledge of that very clause than of any other part of the act, and they were consequently called on to admit the printed copy in evidence on the strength of an enactment with which, by hypothesis, they were bound to be unacquainted. However, it served a purpose once, but now it is no longer needed, for by the 8 & 9 Vict. c. 113, s. 3, it is enacted, that "all copies of private and local and personal acts of Parliament, not public acts, if purporting to be printed by the Queen's printers," shall be admitted as evidence thereof &c. The clause, therefore, is superfluous, and should be omitted. The declaration usually coupled with it, "that this act shall not be a public act," must, however, be retained, being rendered necessary by the 13 & 14 Vict. c. 21, 8.7, which enacts, that every act shall be deemed a public act, "unless the contrary be expressly provided and declared by such act;" which is Hibernian too, for how are judges, justices, and others to know that they are not to know the act, except by taking judicial notice of this clause, which is part of it? Lincoln's-inn, Jan. 16, 1860. M. I. B. 66 TO THE EDITOR OF THE JURIST." SIR, My attention has been drawn to some remarks in a review of my two Lectures on the Admiralty Court in The Law Times. It is but fair to you to state, that your publication of my two Lectures in extenso was with my entire consent. So far from objecting, I considered your publishing of them a compliment, especially as you had never, I believe, reported anything of the kind before in THE JURIST*. It was, too, quite spontaneous. I did not know of it till I saw the report of the first portion. I then offered to and did correct the proof sheets of the second portion. I was influenced to publish the Lectures in a separate form, not with any notion of profit, (indeed, I would not appropriate any profits there might be), but that my friends might possess a carefully corrected copy of the Lectures, with some additional notes, which I think will be found useful and valuable, but which I could not give before. I am, Sir, yours obediently, Old Jewry, Jan. 17, 1860. Reviews. J. MORRIS. The Consolidated General Orders of the High Court of Chancery, with Regulations as to certain Fees and Charges. (By Authority). [Stevens & Norton, London.] THE Profession may now be congratulated upon having before it, what has been so long needed, the Consolidated Orders of the Court of Chancery. Up to the present time practitioners in the Court of Chancery must be well aware of the difficulties which were continually occurring from the complexity, discrepancy, and confusion of the Orders. Until of late years each Chancellor issued what Orders he thought fit, regardless of, and sometimes apparently in ignorance of, those of his predecessors, as no care was taken as to the preservation of the early Orders, and there was no official or complete collection of them published. The General Orders, however, as collected by Mr. Sanders, and those since published, are very numerous, and extend over a period of nearly 500 years, commencing with the reign of King Richard II. The difficulty of dealing with such a mass of matter, and of reducing it to a shape conformable to modern practice, may perhaps be guessed at, if not properly estimated, when we consider that not only had many of the old Orders been expressly repealed, but others had only been virtually repealed or superseded-some by statutes, others by subsequent Orders, others by a train of decisions, others by disuse or contrary usage; while in some instances an Order may be found to have been from time to time silently and partially abrogated, leaving some small portion of it still subsisting. From the first report of the consolidators, Mr. Josiah W. Smith and Mr. H. Cadman Jones, to Lord Chelmsford when Lord Chancellor, it appears that their instructions "to consolidate all the Orders from his Lordship were, contained in the collection of Orders by G. W. Sanders, Esq., published by Maxwell & Son in the year 1845, which relate to general practice, and the Orders of the Court subsequent thereto relating to general practice; so that all such Orders as have become superseded, or have become obsolete as Orders, though they may have been the foundation of existing practice, and all such Orders as are expressly or virtually abrogated by other Orders, or by statutes, or by decisions which appear to have established a practice more expedient than that which Reports of the first two of Mr. Peachey's Lectures on Settlements will be found in our second volume, New Series, part 2, pp. 477, 503, 516.-ED. the Orders repugnant to them enjoin, be omitted; and so that the remainder, except where their style is very antiquated, be not further altered in language than shall be deemed necessary for the purpose of consolidating the same, and of adapting them to the present practice, so as to form a harmonious and well-arranged collection, and for the purpose of determining the most expedient practice where there is a conflict of authority on the words of an Order." These instructions have been admirably followed by the consolidators, who deserve the highest credit for the zeal, industry, and accuracy which they have brought to bear upon their important task. The value of the work has also been enhanced by its having been perused by the officers of the court and by the judges; and the present Lord Chancellor (Lord Campbell) has shewn a most laudable desire that the work commenced and (subject to the approval of the judges) carried out by Lord Chelmsford should be brought to a happy conclusion. The Law relating to the Registration of Births, Deaths, and Marriages, the Duties of the Registration Officers, and the Marriage of Dissenters in England; with Notes and Cases. By W. C. GLEN, Barrister-at-Law, and of the Poor-law Board. [Knight & Co., 1860.] THE title of this little book sufficiently explains its scope and object. A collection of statutes upon a subject of so much practical importance cannot fail to be useful; they are published in a convenient and portable form, with references to decisions upon their enactments, and with a very full index. Two Lectures on the Jurisdiction and Practice of the WE have already shewn our appreciation of these The consolidators have not contented themselves with excellent Lectures by publishing them in our columns a consolidation of the Orders, for they have accompanied shortly after they had been delivered, and we now with them with all means and appliances whereby the prac-form of a pamphlet, with reference to authorities which pleasure revert to them in their new and convenient titioner at once, and without the slightest trouble, may find out whatever point of procedure he may be in search of. were not cited during their oral delivery. Among the reasons given in the preface for the publication of the Lectures is a desire on the part of the author that his suggestions for the extension of the Admiralty juristhe consideration of persons interested in shipping, and diction, to include all maritime matters, should receive a hope that he may stimulate other solicitors to give the Profession, and especially the younger branches of it, the results and benefits of their experience. We are surprised to learn that this is the first occasion upon which lectures have been delivered before the Law Institution by any of their own members; but an example so well and successfully given will surely be followed by gentlemen to whom is confided the education of one branch of the legal Profession, and who are fully competent to impart sound advice and instruction. We should not omit to mention, that these Lectures were delivered by Mr. Morris gratuitously. First, then, they give us a table of the Consolidated Orders; secondly, a table of the Consolidated Orders, with the marginal notes to their constituent rules; thirdly, a table of schedules to the Consolidated Orders; fourthly, a table of the subjoined regulations, with the marginal notes to their constituent rules, and the schedules thereto; fifthly, a chronological list of abrogated Orders incorporated in the Consolidated General Orders; sixthly, a chronological list of abrogated Orders incorporated in the subjoined regulations. These are followed by the Consolidated Orders, the schedules, the regulations as to special examiners' fees and charges, solicitors' fees and charges, court fees and charges for copies, an appendix of certain Orders excepted from abrogation; and last, though not of the least importance, an elaborate index of forty-six pages. The new arrangement of the Orders leaves nothing to be wished for: it is clear, convenient, and admirably LIBERTY OF THE PRESS IN FRANCEadapted for the purposes of practice. Although the language of the old Orders has been adhered to as far as possible, it has been altered whenever it was found necessary for the purpose of adapting them to the present practice, and also for the purpose of removing those doubts and difficulties which so frequently arose under the old Orders. It will be seen that claims are abolished, upon the ground, that although they were very useful at the time they were introduced, yet, in consequence of the change of practice in other respects, (such as the dispensing with answers in so many cases, and the proceeding by way of motion for a decree), it is no longer necessary or desirable to resort to the proceeding by claim. Some of the rules in the Consolidated Orders intro duce a new practice, and to them the attention of the Profession should be at once directed. They will be easily found; for to most, if not to all, of them, an asterisk is prefixed. The greatest credit is due to Lord Chelmsford for originating, and to the present Lord Chancellor for so zealously furthering, so useful an undertaking. The thanks of the Profession are, we think, specially due to the consolidators, Mr. Josiah W. Smith and Mr. H. Cadman Jones, who, by separating those Orders which were subsisting from a mass of others which had become defunct, have contrived to bring order out of confusion, and harmony out of discord, and have conferred both upon practitioners and suitors a great and unmixed benefit. RIGHT OF REPUBLICATION AFTER AVER- CERTAIN points on the right of petition to the Senate have been raised by M. d'Haussonville, and submitted for the opinion of the most eminent jurists of the French Bar. The object is to obtain the abolition of the decree of February, 1852, which imposes so great a restraint on the liberty of the press. An elaborate report on the four questions suggested by M. d'Haussonville has been drawn up. It is signed by M. Ploque, bâtonnier, and MM. Berryer, Marie, Dufaurre, Lionville, and Bethmont, who have all filled in turn the office of bâtonnier to the order of advocates. The first question is-" Has a French citizen, enjoying his political rights, the right to demand of the Senate, by way of petition, changes which he may judge useful in the existing laws; and might not great freedom be accorded to the exercise of this right?” The answer to this question is decidedly affirmative. The jurists who sign the paper sum up their reasons with this paragraph: "Rationally, legally, sincerely interpreted, the right of petition, the right of sovereignty, in its origin, in its objects, and in its results, has not, and cannot have, any other limit than the limits we have given it. It may even be applied to every existing law which menaces, endangers, or violates any one of the great interests which the Constitution confirms, recognises, and guarantees, as it may raise and utilise the ideas of reform 31 which the occasion points out and advises. Such is the right of petition, or the right does not exist at all." The second point is this-"When addressing the Senate, has every Frenchman, in the enjoyment of his political rights, the right to explain the motives for the reform which he demands?" The answer to this is also in the affirmative. Third question-" Can the decree of the 17th February, 1852, in all its provisions, or in some of them, be denounced to the Senate, by petition, as contrary to the principles admitted, maintained, and guaranteed by the Constitution of 1852?" The report says only to newspapers and periodicals, and not to pamphlets. The pamphlet, properly so called, is still under the régime of the general law. The preventive avertissement is quite exceptional; the general law takes no cognisance of it; it is merely a simple administrative measure, and not a penalty-a warning, but not a punishment in due course of law. The report concludes "The production, under the application of an avertissement, remains harmless, as it was before the avertissement. In the pages of a periodical it may again be averti, if it be again produced; but in any other form, it can only be proceeded against by the ordinary law. "So much being said, we believe we have demonstrated the right of reproduction; and if the right of reproduction be beyond the reach of attack, it is clear that the engagements formed for that reproduction have a lawful object, and that the law may be applied to enforce their execution." NEW CAUSES-HILARY TERM, 1860. COMMON PLEAS. Lond.-Morgan v. Taylor Axley v. Holden Liverp.-Ward v. Napier. Midd.-Warland v. Smith John Merriman, South Shields, Durham, draper, Feb. 9 at 12, Newcastle-upon-Tyne, fin. div. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting. Charles William Fitzmaurice Liddle, Bull-inn-court, Strand, Middlesex, licensed victualler, Feb. 9 at 1, London. "As a matter of form, the decree of the 17th February, 1852, although it has seven years' existence, may be submitted, we believe, to the examination and opinion of the Senate. But is there any foundation for submitting it to such an appreciation? This is more a question of politics than of law; we must consequently approach it with reserve. To discuss the decree of 1852 in its spirit will be essentially the work of the petitioner, and we believe he has a right to do so; and we might stop there. Nevertheless, in order not to leave the special question which is proposed tous without an answer, as to the bearing of this decree, we think it our duty to present some brief observationsfirst, as to its relations with the Constitution; and next, and more particularly, upon one of its principal provisions. Is it in harmony with the Constitution of 1852? In order that such harmony should exist, it would be necessary that it should not be in opposition to those great principles of 1789 which are the basis of the public right of the French people.' (Art. 1). The liberty of the press is one of the most important of these principles. Now, is it respected by the decree of 1852? We have, it is true, read this phrase in a proclamation of 1852-Our actual society is nothing else than France regenerated by the revolution of 1789, and organised by the Emperor Napoleon I.' But the object of that proclamation apparently was not to weaken the solemn declaration we have already quoted, and which covers-William Smith, Tabernacle-row, Finsbury, Middlesex, with its power the entire Constitution. The sovereignty of the people dictated that declaration-the Sovereignty of the people maintains it. In a second point of view, the decree of 1852 appears to us to deserve to be criticised, or rather denounced, to use the very expression of the Constitution of 1852. According to the terms of this decree, a newspaper may be suppressed after certain convictions pronounced, and even administratively without a conviction. Now, a newspaper is not only the organ of an opinion, it is a commercial property of considerable consequence, and of which the capital, divided into shares, belongs to proprietors who do not occupy themselves with the ideas expressed in it. The suppression of a newspaper is consequently, in fact, the suppression of a material property: it is a species of confiscation. It is, moreover, a maxim of law in France, that property is sacred, and that nothing but a judicial sentence can interfere with it-all other authority is powerless to touch it. The Constitution of 1852 has not, we believe, authorised such a prosecution. We conclude by referring to a provision of the Constitution, which applies as well (as we have demonstrated) to laws enacted as those to be enacted: The Senate opposes the promulgation of laws which infringe the inviolability of property.' The fourth question-viz. "Can an article which, when published in a newspaper or in a review, has been the object of an avertissement, be republished in a pamphlet ?"-is also answered affirmatively; as well as the other point, whether an agreement, entered into for the purpose of publication, possesses legal force, and can its execution be enforced by law? An elaborate argument demonstrates that the decree of 1852 is applicable, and was meant to be applicable, carpenter, Feb. 7 at 2, London.-Samuel Welldon, Manea, To be granted, unless an Appeal be duly entered. lisle-street, Lambeth, Surrey, builder.-James Crow, New Park-road, Brixton, Surrey, upholsterer.-John Clarke, King's Lynn, Norfolk, victualler.-James Windsor Slegg, Braintree, Essex, grocer.-Joseph Charles Morgan, Ann'sStrood, near Rochester, Kent, builder.-James John Wade, terrace, Cambridge-heath, Hackney, Middlesex, builder.— Charles Seaman, Milk-street, Cheapside, City, silk manufacturer.-Jeremiah Cranfield, Colchester, Essex, cooper.Louis Lesser and Jacob Lesser, Tipton, Staffordshire, shoe manufacturers.-Charles Wright, Birmingham, innkeeper. PARTNERSHIPS DISSOLVED. 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