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PURCHASERS, ACT FOR PROTECTION OF, &c.- RESPONDEAT SUPERIOR, DOCTRINE OF, &c.—
(continued).

questions likely to arise on, 351
defects of, ib.

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importance of, ib.

it defines how far trustees are liable for the improper
investment of trust funds, 473, 474

and how far the defaulting trustee has a right to be indem-
nified by the cestui que trust, 475

RAILWAYS AND CANALS, ACT OF THE 17 & 18
VICT. c. 31, FOR THE BETTER REGULATION
OF THE TRAFFIC ON. Forms of proceedings and
process made pursuant to, 33

RAPE ON MARRIED WOMAN BY A MAN WHOM
SHE SUPPOSED TO BE HER HUSBAND.
Case of Reg. v. Clarke as to, 259

RECEIVING STOLEN GOODS. Review of cases as to,
259

RECENT STATUTES. Notes upon, 323

18 & 19 Vict. c. 51, ib.

18 & 19 Vict. c. 67, ib.

REDELIVERY OF GOODS SHIPPED ON BOARD
A VESSEL, Right of CONSIGNOR TO DE-
MAND, AS AGAINST THE SHIPOWNER.

cent case as to, 143

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Re-

REGISTRY LAWS, THE SHIP. Letter of "Observer"

as to, 382

REGULÆ GENERALES:

Orders in lunacy, Jan. 12, 1855; 17
Order of Court, Jan. 13, 1855; 18

forms of proceedings and process made pursuant to the
17 & 18 Vict. c. 31, s. 4, intituled "An Act for
the better Regulation of Traffic on Railways and
Canals," 33

Order of May 19, 1855, as to costs in bankruptcy, 222
Order of Michaelmas Term, 1855, as to the Summary
Procedure on Bills of Exchange Act, 1855; 464

Order of Court, Nov. 30, 1855; 486

(continued).

true test as to this, 426

skill of party employed is no criterion, ib.
cases illustrative of this, ib.
observations on, ib.

question on which they depend, ib.

review of cases with reference to this, ib.
case of Peachy v. Rowland, ib.

distinction between that case and Randleson v. Murray,
ib.

case of Overton v. Freeman, ib.

these cases are consistent with Reedie v. The London and
North-western Railway Company, ib.

ground of liability in cases between master and servant,

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SERVANT OR CONTRACTOR, THE DOCTRINE OF
RESPONDEAT SUPERIOR IN CASES WHERE
INJURY HAS RESULTED TO A THIRD PARTY
BY THE NEGLIGENCE OF. Review of cases as
to, 425

principles established by, 425, 426
distinction between the two cases, ib.
grounds of, ib.

rule when act is illegal, 427

REPUTED OWNERSHIP IN BANKRUPTCY, THE SETTLED ESTATES, ACT TO FACILITATE LEASES

DOCTRINE OF. Remarks upon, 397

how effected, ib.

modifications recently undergone by, ib.

case of Heslop v. Baker, ib.

case of Bell v. Hamilton, ib.

propositions which may be deduced from, ib.

facts of that case, ib.

arguments in, ib.

remarks in, on the case of Knowles v. Horsfall, ib.

and on the case of Lingard v. Messiter, 398

true rule laid down in the case of Joy v. Campbell, ib.

this subjects the doctrine to simple tests, ib.

removes hardship and injustice, ib.

right of true owner to take back goods, ib.
case of Graham v. Furber as to, ib.

right of, to demand goods before date of fiat or petition,
ib.

case of Brewin v. Short, ib.

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this decision is now overruled, 522

case of Edwards v. Hall, ib.

judgment of the Lord Chancellor therein, ib.

confirms the case of Myers v. Perigal, ib.

important questions which may still arise on this subject,

ib.

SHERIFFS AND UNDERSHERIFFS, WITH THEIR
DEPUTIES AND AGENTS, FOR 1855. List of,

78

SHERIFFS, NOMINATED BY THE LORDS OF THE
COUNCIL, FOR 1856. List of, 448

SHIP REGISTRY LAWS, THE. Letter of "Observer" TOLLS, LEASE OF, NOT WITHIN THE 8 & 9 VICT.
c. 106. Recent decision as to, 306
as to, 382

SHUTTLEWORTH, IN RE, PROCEEDINGS IN, IN TRADING CO-PARTNERSHIP, WHEN PART OF THE
BANKRUPTCY.

Observations on, 3

question in, as to the right of auctioneers to speculate with
deposits, ib.

supposed opinion as to this, ib.

error in supposing that it is prevalent, ib.
remarks in the Times on this question, ib.

how deposits should be applied whilst in the hands of the
auctioneer, 4

observations as to, in Sugden's Concise View, ib.
concluding remarks, ib.

STATUTE-LAW, CONSOLIDATION OF THE. Report
of the Commissioners, 359, 368, 374

letter of Mr. Coode on Mr. Ker's observations on the
Expurgatory List of Statutes ordered by the House
of Commons to be printed on the 29th January,
1855; 454

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SUMMARY PROCEDURE ON BILLS OF EXCHANGE
ACT, 1855. New Rule fixing costs of judgment, 447
SURETYSHIP, CONTRACT OF. Remarks on the sug-
gestion that the creditor is bound to make a full dis-
closure of everything which is likely to influence the
surety in entering into the engagement, 357
dictum of Lord Truro in Owen v. Homan, ib.
not acquiesced in by the House of Lords, ib.
judgment of Lord Campbell in Hamilton v. Watson, ib.
case of The North British Assurance Company v. Lloyd,
ib.

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STOCK-IN-TRADE CONSISTS OF LAND. Whe-
ther shares in, are to be regarded as realty or personalty;
review of cases as to, 521

important questions connected with this subject still un-
determined, ib.

TRANSFER OF LAND BY REGISTER, LETTER TO
THE LORD CHANCELLOR ON THE.
Goodeve, Esq. Review of, 106

By J.

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TRUST ESTATES, WHEN THEY PASS BY A GE-
NERAL DEVISE. Remarks upon, 509
review of cases as to, 509, 510
conclusion, 510

TRUSTEE OR EXECUTOR, WITH POWER TO MORT-
GAGE THE TRUST PROPERTY. On the ques-
tion whether he can give the mortgagee a power of sale
on default in paying the mortgage debt, 445

case of Russell v. Plaice, ib.

that case decided the question in the case of an executor, ib.
judgment in, ib.

it is analogous to the case of a trustee, 446
but does not expressly decide it, ib.
consideration of this question, ib.

objections to the decision in Russell v. Plaice, ib.
answers to, ib.

difficulties which might result from an opposite view, ib.
TRUSTEES, LIABILITY OF, FOR LOSS OCCA-
SIONED BY IMPROPER INVESTMENTS OF
A TRUST FUND BEQUEATHED TO THEM.
Case of Raby v. Ridehalgh as to, 473
principle of, ib.

it is clear and satisfactory, ib.

difficulty in applying to the facts of the above case, ib.
grounds on which they were so applied, ib.

facts of the case, ib.

finding of the Master, ib.

trustees held liable to make good the loss, ib.

decree as to tenants for life, ib.

decision of the Lords Justices in, 474

grounds of, ib.

remarks upon, ib.

importance of the case, ib.

rule which it seems to involve, ib.
alarming nature of, ib.

probably the Court do not intend to lay down such a rule,

ib.

review of cases as to, ib.

they seem to negative its existence, ib.

cases to which the decision would not apply, ib.

it ought to operate as a beacon to trustees, ib.

right of defaulting trustee to be indemnified by cestui que
trust, 475

the case defines that right, ib.

its value in this respect, ib.

UNSEALED LEASE, OPERATION OF. Remarks upon,

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UNSEALED LEASE, OPERATIONS OF-(continued). WILLS, rules for THE INTERPRETATION OF.
judgment of the Court upon, 366

remarks upon, ib.

review of the old cases, ib.

grounds on which they proceeded, ib.

application of them to Stratton v. Pettit, ib.
criterion used in that case unsafe, ib.
conclusion, ib.

WARREN, S., ESQ., D. C. L., F. R. S., HIS ABRIDG-
MENT OF BLACKSTONE'S COMMENTARIES.
Review of, 500

WATTS v. PORTER, DECISION OF THE Case of.
Remarks upon, 291

soundness of the, questioned, ib.
arguments against, ib.

examination of, ib.
fallacy of, 282

it is supported by authority, ib.

WESTMINSTER PLAY, THE. Epilogue on "John Doe
and Richard Roe," 513

WIFE, SENDING LIBEL TO, WHETHER EVIDENCE
OF PUBLICATION IN ACTION BY HUSBAND.
Observations on the question as to, 15

discussion of the question, whether sending libel to, would
be evidence of publication in an action by her husband,
15, 16

Remarks upon, 269

uncertainty of the subject-matter, ib.

rules before the recent statute, ib.

effect of the stats. 32 and 34 & 35 Hen. 8, upon, ib.
attempt made under, to frame rules for the interpretation
of devises, ib.

result of this, ib.

doctrine of revocation, ib.

attempt to remedy, by the 7 Will. 4 & 1 Vict. c. 26,

s. 24; 270

provisions of that section, ib.

it was superfluous, ib.

effect of sects. 3 and 23, ib.
observations on sect. 24, ib.
probable object of, ib.

difficulty of the subject, ib.

questions raised by the language of the section, ib.
opinions of Mr. Jarman and Mr. Hayes upon, ib.
remarks upon, ib.

review of cases upon, 271
observations on, ib.

WINSLOW, DR. FORBES, HIS TRACT ON THE
CASE OF LUIGI BURANELLI, MEDICO-
LEGALLY CONSIDERED. Review of, 339

WORDSWORTH, C., ESQ., HIS TREATISE ON THE
LAW OF MINING, BANKING, ASSURANCE,
AND GENERAL JOINT-STOCK COMPANIES.
Review of, 169.

0

A TABLE OF THE PUBLIC STATUTES

PASSED IN THE SESSION 1854-55-18 & 19 VICTORIA,

ABSTRACTED IN THIS VOLUME.

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siastical Courts of England and Wales in Suits for Defamation, (26th June, 1855) 8

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Cap. 42. An Act to enable British Diplomatic and Consular
Agents abroad to administer Oaths and do Notarial
Acts, (2nd July, 1855)
ib.
Cap. 43. An Act to enable Infants, with the Approbation of
the Court of Chancery, to make binding Settlements
of their Real and Personal Estate on Marriage, (2nd
ib.
July, 1855) ..
45. An Act for further assimilating the Practice in the
County Palatine of Lancaster to that of other Counties
with respect to the Trial of Issues from the Superior
Courts at Westminster, (16th July, 1855) .. 9

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Cap. 1. An Act to enable her Majesty to accept the Services | Cap. 41. An Act for abolishing the Jurisdiction of the Eccleof the Militia out of the United Kingdom for the vigorous Prosecution of the War, (23rd December, 1854) Cap. 2. An Act to permit Foreigners to be enlisted and to serve as Officers and Soldiers in her Majesty's Forces, (23rd December, 1854) ib. Cap. 4. An Act to amend the Act for limiting the Time of Service in the Army, (27th February, 1855) ib. Cap. 10. An Act to enable a Third Principal Secretary and a Third Under Secretary of State to sit in the House of Commous, (16th March, 1855) ib. Cap. 13. An Act to explain and amend the Lunacy Regulation Act, 1853, (26th April, 1855) Cap. 15. An Act for the better Protection of Purchasers against Judgments, Crown Debts, Cases of Lis Pendens, and Life Annuities or Rent-charges, (26th April, 1855) ib. Cap. 18. An Act for raising the Sum of Sixteen Millions by way of Annuities, (5th May, 1855) 4 Cap. 20. An Act for granting to her Majesty an increased Rate of Duty on Profits arising from Property, Professions, Trades, and Offices, (25th May, 1855) .. ib. Cap. 22. An Act for granting certain Additional Rates and Duties of Excise, (25th May, 1855) Cap. 23. An Act to alter in certain respects the Law of Intestate Moveable Succession in Scotland, (25th May, 1855) Cap. 24. An Act to amend an Act of the Second and Third Years of King William the Fourth, for amending the Representation of the People in Scotland, in so far as relates to the Procedure in County Elections in that Country, (25th May, 1855) .. ib. Cap. 25. An Act to allow Affirmations or Declarations to be made instead of Oaths in certain Cases in Scotland, (25th May, 1855) .. ib. Cap. 27. An Act to amend the Laws relating to the Stamp Duties on Newspapers, and to provide for the Transmission by Post of printed Periodical Publications, (15th June, 1855) ib.

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Cap. 67. An Act to facilitate the Remedies on Bills of Ex-
change and Promissory Notes, by the Prevention of
frivolous or fictitious Defences to Actions thereon,
(23rd July, 1855)
.. 17
70. An Act for further promoting the Establishment
of Free Public Libraries and Museums in Municipal
Towns, and for extending it to Towns governed under
Local Improvement Acts, and to Parishes, (30th July,
1855)
Cap. 72. An Act for legalising and preserving the restored
Standards of Weights and Measures, (30th July,
1855)
73. An Act to extend the Period for applying for a Sale
under the Acts for facilitating the Sale and Transfer
of Incumbered Estates in Ireland, (30th July, 1855) ib.
75. An Act to continue certain temporary Provisions
concerning Ecclesiastical Jurisdiction in England, (30th
July, 1855) ..

Cap.

Cap.

Cap.

Cap.

Cap. 32. An Act to amend and extend the Jurisdiction of the
Stannary Court, (15th June, 1855)
6
Cap. 34. An Act to provide for the Education of Children in
the Receipt of Out-door Relief, (26th June, 1855) 7
Cap. 35. An Act to continue the Act for extending for a
limited Time the Provision for Abatement of Income
Tax in respect of Insurance on Lives, (26th June,
1855)
ib.
Cap. 38. An Act to allow Spirit of Wine to be used Duty Cap.
free in the Arts and Manufactures of the United King-
dom, (26th June, 1855)

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Cap. 81. An Act to amend the Law concerning the certifying Cap. 111. An Act to amend the Law relating to Bills of and registering of Places of Religious Worship in England, (30th July, 1855)

ib. Cap. 83. An Act to continue certain Acts for regulating Turnpike Roads in Ireland, (14th August, 1855)

22

Cap. 86. An Act for securing the Liberty of Religious Wor

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ship, (14th August, 1855) .. Cap. 87. An Act to amend the Act for the better Care and

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33

Cap. 117. An Act for transferring to one of her Majesty's
Principal Secretaries of State the Powers and Estates
vested in the Principal Officers of the Ordnance, (14th
August, 1855)
.. 34
118. An Act to repeal the Act of the Seventeenth and
Eighteenth Years of the Reign of her present Majesty,
for further regulating the Sale of Beer and other Liquors
on the Lord's Day, and to substitute other Provisions
in lieu thereof, (14th August, 1855)
.. ib.

Cap.

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Reformation of Youthful Offenders, and the Act to render Reformatory and Industrial Schools in Scotland more available for the Benefit of Vagrant Children, (14th August, 1855) Cap. 88. An Act to facilitate the Erection of Dwelling-houses for the Working Classes in Scotland, (14th August, 1855) Cap. 90. An Act for the Payment of Costs in Proceedings instituted on Behalf of the Crown in Matters relating Cap. 119. An Act to amend the Law relating to the Carto the Revenue, and for the Amendment of the Proceriage of Passengers by Sea, (14th August, 1855) .. ib. dure and Practice in Crown Suits in the Court of Cap. 120. An Act for the better Local Management of the Exchequer, (14th August, 1855) . Metropolis, (14th August, 1855) Cap. 91. An Act to facilitate tae Erection and Maintenance Cap. 121. An Act to consolidate and amend the Nuisances of Colonial Light-houses, and otherwise to amend the Merchant Shipping Act, 1854, (14th August, 1855) 25 Cap. 94. An Act to impose increased Rates of Duty of Excise on Spirits distilled in the United Kingdom; to allow Malt, Sugar, and Molasses to be used Duty free in the distilling of Spirits, in lieu of Allowances and Drawbacks on such Spirits, Sugar, and Molasses respectively; and to amend the Laws relating to the Duties of Excise, (14th August, 1855) 27 Cap. 96. An Act to consolidate certain Acts and otherwise amend the Laws of the Customs, and an Act to regulate the Office of the Receipt of her Majesty's Exchequer at Westminster, (14th August, 1855).. 28 Cap. 97. An Act for the Amendment and Consolidation of the Customs Tariff Acts, (14th August, 1855) .. ib. Cap. 98. An Act to continue certain Turnpike Acts in Great Britain, (14th August, 1855) Cap. 100. An Act to amend the Law concerning the Qualification of Officers in the Militia, (14th August, 1855) 29 Cap. 101. An Act for the more effectual Execution of the Convention between her Majesty and the French Government concerning the Fisheries in the Seas between the British Islands and France, (14th August, 1855) ib. Cap. 105. An Act to amend the Lunatic Asylums Act, 1853, and the Acts passed in the Ninth and Seventeenth Years of her Majesty for the Regulation of the Care and Treatment of Lunatics, (14th August, 1855) .. ib. Cap. 106. An Act to suspend the making of Lists and the Bal. lots for the Militia of the United Kingdom, (14th August, 1855) ib. Cap. 108. An Act to amend the Law for the Inspection of Coal Mines in Great Britain, (14th August, 1855).. ib.

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Administration of Criminal Justice in certain Cases, (14th August, 1855) .. 51 127. An Act to make better Provision for the Union of contiguous Benefices, and to facilitate the building and endowing of new Churches in spiritually-destitute Districts, (14th August, 1855)

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128. An Act further to amend the Laws concerning the Burial of the Dead in England, (14th August, 1855). ib. 131. An Act to render more secure the Conditions upon which Money is advanced out of the Parliamentary Grant for the Purposes of Education, (14th August, 1855) 132. An Act for facilitating the Erection of Dwellinghouses for the Labouring Classes, (14th August, 1855) .. ib. Cap. 133. An Act for limiting the Liability of Members of certain Joint-stock Companies, (14th August, 1855). 59 134. An Act to make further Provision for the more speedy and efficient Dispatch of Business in the High Court of Chancery, and to vest in the Lord Chancellor the Ground and Buildings of the said Court, situate in Southampton-buildings, Chancery-lane, with Powers of Leasing and Sale thereof, (14th August, 1855) .. 60

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