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number of prisoners discharged under 7 & 8 Vict. c. 96. was in the district mentioned 386, and that the number of debtors in custody on the 1st of November last, in the various prisons in the same district, was only 190. The inspector, Captain Williams, in his report states, "that a very considerable portion of the plaints in the Small Debt Courts are for public-house scores, transactions with tally-men, some few for rent and for small articles for domestic consumption. In the two first items, any abridgement of credit must be a positive benefit, and enable the parties better to meet the demands of the two last. * I am satisfied that no further restriction in the granting of credit to the humbler classes may be apprehended beyond the withdrawal of temptations to incur debts which honest prudence would never have held out to them, and that independent of its rescuing a number of the people from the pollution of a debtors' gaol, it will make the small master more scrupulously exact in the payment of weekly wages; will tend by money payments to lessen the prices of the necessaries of life to those most in want of them; and that although it may abridge the profits of the publican and tally-man, it will afford protection to the honest tradesman by its increasing lien upon all accruing property in satisfaction of debt, and will deter the frau-. dulent by the wholesome severity of its penal clauses." This, we need not say, is highly important and disinterested testimony as to the working of the late Act.

An interesting return has been made to the House of Commons, at the instance of Mr. Elphinstone, as to taxes on Succession to Property in foreign countries. It seems that the distinction in this respect as to the succession to real and personal property which obtains in this country exists in no other. The whole Stamp Laws require revision, and some attempt to revise them will probably be made in the ensuing Session.

We have to notice that the Judicial Committee of the Privy Council is still without a permanent President. Is it fair to the suitors of the second appellate court of this country to trust entirely to eleemosynary assistance for its Judges: or if it be fair to them, is it fair to the suitors of other Courts to take their Judges away, who are paid for their services to the latter?

The Eighth Report of the Criminal Law Commissioners, which relates to Procedure, is in a forward state, and will be presented at the commencement of the Session.

The cases of improper conduct by Barristers, which we stated in our last Number to be under the consideration of the Benchers, have continued to engage much of their attention. One barrister

has been disbarred, who has appealed to the Judges. The proof against another has failed. But these cases, and some others of which we have heard, justify, in our opinion, some step for the better control of the Bar. On the Circuits the Bar mess affords some protection, but there is no general supervision. The task of a prosecutor on such occasions is a very odious one, and the ends of justice and propriety may thus be defeated.

a

We have reason to believe that the Lord Chancellor will, early in the next Session, re-introduce his Bill for securing the due administration of Charitable Trusts in England and Wales, measure very reluctantly abandoned by the Noble and Learned Lord towards the end of July last, on the old ground the lateness of the Session.

Mr. Baron Gurney has resigned his seat in the Court of Exchequer in consequence of ill health. His eminent ability as a Criminal Judge will be long remembered: he has been succeeded by Mr. Platt. This is a proper and judicious appointment.

We much regret to state the death of Sir C. F. Williams, the Senior Commissioner of the Court of Bankruptcy. Mr. H. J. Shepherd has been appointed to the vacancy thus created.

In Paris a useful and well-conducted work, a pendant to ours, has for some years been published under the title of Revue de Droit Français et Etrangere. It is under the management of three able and learned men, Advocates Dr. Fœlix and Messrs. Duvergier and Valette. It has translated one of our late articles. The number just published contains a letter from Lord Brougham to the Procureur-General on the difference between our judicial system and that of France. It would be lamentable if the present factious clamour about English influence should keep the French from profiting by the lessons which our system is calculated to teach. Another able and learned work, Revue de Législation, is also conducted at Paris by lawyers of eminence.

NEW WORKS LATELY PUBLISHED.

The Theory and Practice of Conveyancing, with Precedents, an Analytical Table of Real Property; and recent Act to Simplify the Transfer of Real Property. By James Lord, of the Inner Temple, Esq., Barrister-at-Law. 12mo. 5s.

An Outline of the Practice in Lunacy, under Commissions in the nature of Writs de Lunatico Inquirendo, with an Appendix containing Forms and Costs of Proceedings. By Joseph Elmer, of the Office of the Commissioners in Lunacy. 12mo. 88. 6d.

The Criminal Law, and its Sentences in Treasons, Felonies, and Misdemeanors, with a Supplement including all Statutable Alterations and Additions down to the present Time. By Peter Burke, Esq., of the Inner Temple, Barrister-atLaw. 88.

512

A Complete Series of Precedents in Conveyancing and of Common and Com-
mercial Forms, to which are added the latest Real Property Acts, with Notes
and Decisions. By George Crabb, Barrister-at-Law. Third Edition, enlarged.
2 Vols. royal octavo. 31.

Concise Precedents in Conveyancing, adapted to the Act for Simplifying the
Transfer of Real Property, (7 & 8 Vic. c. 76 ) with Notes. By Charles Davidson
of the Inner Temple, Barrister-at-Law. 12mo. 8s.

Burn's Justice of the Peace, 29th Edition. The Title "Poor" by Mr. Com-
missioner Bere, of the Exeter District Court of Bankruptcy; the rest of the
Work by Thomas Chitty, Esq., of the Inner Temple. 6 Vols. 8vo. 6l. 10s.

An Elementary Compendium of the Law of Real Property. By Walter
Henry Burton, Esq. Sixth Edition. By E. P. Cooper, Esq., of the Middle
Temple, Barrister-at-Law. 8vo. 11. 4s.

The Law of Party Walls and Fences, including the New Metropolitan
Building Act, with Notes. By Humphry W. Woolrych, of the Inner Temple,
Barrister-at-Law. 8vo. 12s.

A Practical Exposition of the Statute 7 & 8 Vic. c. 76. intituled "An Act to
Simplify the Transfer of Property," with Precedents of Deeds required by that
Act. By Thomas George Western, Esq., of the Middle Temple, intended as a
Supplement to the Author's Precedents in Conveyancing, with Notes Practical
and Critical. 8vo. 1s. 6d.

The New Bankrupt and Insolvent Acts. 2nd Edition, containing the Rules
and Orders of 21st December, 1844. By R. Charnock, Esq., of the Inner
Temple, Barrister-at-Law. 12mo. 3s.

The Reports of the most learned Sir William Saunders, Knt., late Lord Chief
Justice of the King's Bench, of several Pleadings and Cases in the Court of
King's Bench, in the Time of King Charles the Second, edited, with Notes and
References to the Pleadings and Cases, by John Williams, one of his late
Majesty's Serjeants-at-Law. 5th Edition. By John Patteson, of the Middle
Temple, now one of the Judges of the Court of Queen's Bench, Edwards
Vaughan Williams, of Lincoln's Inn, Esq., Barrister-at-Law. The 6th Edition.
By Edward Vaughan Williams, Esq. 2 Vols. royal octavo.
41. 4s.

Report of the Proceedings under the Commission issued by the Lord Bishop
of Exeter to inquire into the Complaints against the Rev. W. Blunt, Curate of
Helston, &c. By W. M. Best, Esq., Barrister-at-Law. 8vo. 2s. 6d.

ERRATA.

Page 12. line 13 from bottom, for "matters on a procedure" read "matters
or procedure."

27. 1. 10 from bottom,

for

read

"Ere cornipedum et pulsu simularet equorum,"

"Ere et cornipedum cursu simularet equorum."

277. 1. 5. dele "long";

1. 6. insert "long" before "speech."

A Title-page, Index, &c. to Vol. I. will be published with the next Number.

INDEX.

A.

Abinger, Lord, Memoir of, 79-95-
his qualities as an advocate, 80. 82.
84-birth and education, 85-in-
justice done in not giving him a silk
gown, 85. 88-his obligations to
the Whig party, 88-90-is made
Attorney-General, 93-resigns, ib.
-raised to the Bench, 92--his ju-
dicial character, ib.

Act of Parliament, loose mode of
drawing, 135. 186.

Administration Business of the Court
of Chancery, 421.

Advertisements, Judicial, under the
control of the Judges in France, 432.
Advocate, distinction between duties
of, in Equity and at Common Law,
80, 81.

Alien Law, act to amend the law re-
lating to, 122-absurdity of the
former law, 123-alterations made
by the late act, 123, 124.

B.

Bankruptcy, of Joint Stock Compa-

nies, 119, 120-alterations in the
law of, 180-recent alterations in,
181-191.

Barrister, misconduct of, 246. 510.
Bayley, Sir John, Memoir of, 405-
education, 406-at the bar, 407-
as a judge, 407-410.

Braxfield, Lord, correction of anec-
dote as to, 192-194.
Brougham, Lord, issues a commission

to amend the Criminal Law, 449-
the Bill for Consolidation of the
Criminal Law brought in by, 464.

C.

Canning, Mr., his conduct as a law-
reformer, 29. 32. 36.
Canon Law, 73-study of, 145.
Central Criminal Court, proceedings
of, 245.

Certiorari in criminal cases, writ of,
discussed, 172-178 - proposal to
abolish it, 179.

Chancellor, Lord, peculiarly exposed
to attack, 271.

Chancellor, Lord (Lyndhurst), his
judicial appointments, 245.

VOL. I.

Chancery Fees, reduction of, 246-
possessed by the clergy down to a
late period, 392, 393.
Circuit, attendance on, 155.
Civil Law, 73-study of, 145.
Civil Rights, rules as to, 12.
Clergy, connection of, with the Law,
382-practised as advocates, 382,
383 retained possession of the
Court of Chancery to a late period,
383. 394. See Conveyancing.
Code of Laws, advantages of, 8, 9-
Theodosian, 22-Justinian, 23-
Visigoth and others, ib.---Napoleon,
24-modern, 24. 248.

Common Forms in Conveyancings,
recent alterations as to, 162.
Compensation, how far objectionable,

308.

Counsel to Prisoners, bill for, 449.
Conveyancers, opinion of Real Property
Commissioners as to, 170.
Conveyancing, forms of, opinion of
Real Property Commissioners as to,
158-other opinions as to necessary
changes in, 159-162-modes sug-
gested for effecting alterations in,
162. 400-recent acts relating to,
162, 163-operation of Transfer of
Property Act, 163-166. further
amendments required, 166. 404-
arguments against, 167-inquiry as
to, necessary, 169. 404-early his-
tory of, 384-the Druids the first
conveyancers, 384- Anglo-Saxon
conveyancers, 385-clergy employed
as, down to the Reformation, 386.
388-history of, in Scotland, 589-
392-history after the Reformation,
394-396-present race of convey-
ancers, 397-their peculiarities and
seclusion from the world, 397-399
-difficulty of abbreviating forms
of, 400, 401-recent works as to,
399-404.

Corner, Mr., his work on the Prac-
tice of the Crown Side of the Q. B.,
172.
Courts of Justice, rules as to, 10, 11.
Costs. See Fees.

Criminal Acts, rules as to, 13.

Criminal Law, defects of, 331. 337.
452-on the consolidation of the,
438-its history and present state,

M M

439-neglected, and inquiry into
it necessary, 440-its vigorous oper-
ation belongs to the State, 441—
consequences of inadequacy of, 443-
446-recent attempts to improve,
Sir Robert Peel's Acts, 446-450-
necessity for further improvements,
450-conditions essential to the
operation of, 450-sources of, too
widely diffused, 452-454-want of
due promulgation of, 452-455-un-
certainty of, 457-state of the law
of punishments, 458-necessity for
the reduction of the unwritten, 459
-illustrated, 459-665 — bill for
consolidating, supported by many
eminent peers, 464, 465.

Darwin, Dr., 32.

D.

Davidson, Mr, his "Concise Prece-
dents in Conveyancing" reviewed,

382. 400.

Debating Societies, advantages of, 151.
Debtor and Creditor, 180-191.
Denman, Lord C. J., speech on the
bill for relieving scrupulous persons
from taking oaths, 125-its import-
ance and peculiar characteristics,

126-133.

Divorce, history of the law as to, 353

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- allowable by Scripture, 356-
opinion of the Church as to, 357-
361. 365 - decision of the Star
Chamber on, 361-Lord Roos's case,
362- Countess of Macclesfield's
case, 364-Duke of Norfolk's case
and other cases, 364, 365-conse-
quence of refusal of, $66-expences
of present system of, 367, 368-Dr.
Johnson's opinion as to, 369-wife's
claim to, 370-375-to what juris-
diction, should be committed, 376.
Duval, Mr.. memoir of, birth and edu-
cation, 139-practises as a convey-
ancer, 140--appointed a Real Pro-
perty Commissioner, 141-proposes
a plan of a general register, 141-
his station in the profession, 142—
his private life and pursuits, 143.

E.

Ecclesiastical Courts, objections to
committing divorce, a vinculo, to,

378-381.

Eldon, Lord, his repugnance to any
alteration of the law, 27-36-its
consequences, 28-his injustice to
Mr. Scarlett and others, 87. 278-
life of, by Mr. Twiss, its merits
and defects, 249-252-his private

character, 252-255-his public cha-
racter, 255-declares that he prefers
the Common Pleas to the Great
Seal, 256-intrigues with Mr. Pitt
during the Addington administra-
tion, 260-suffers George III. to
transact business, his mind being
diseased, 267-attacks on, 271-
his judicial qualities, 271–274. 283
-his hesitating character, 272-274
-shown in his anecdote book, 275-
277-his injustice in the distribution
of professional rank, 278.

Erle, Mr., created a judge of the Com-
mon Pleas, 245.

Erskine, Mr. Justice, his retirement,

245.

Evidence, rules as to, 16. 18.

F.

Fact and Law, of the distinction be-
tween, 37-61-when the cause con-
sists partly of, 50.

Fees and Costs, law of, 61-79-among
the Saxons, 298-after the Norman
Conquest, 300-system of payment
by fees, 307. 414. 418-its in-
equality and injustice, 415-injus-
tice of fees, now paid, 417. 420—
history of the change of paying by,
instead of salaries, 419.

Fines and forfeitures, 66. 71.
France, administration of justice in,

78-the judicial system of, 428—
her government, and its administra-
tion, work on, noticed, 434.

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