Just published, in 1 vol. 12mo., price 14s. cloth, In royal 8vo., price 21. 28. boards, vol. 2 of THE PARISH: its Obligations and Powers; its Officers SPENCE on the EQUITABLE JURISDICTION of the and their Duties. With Illustrations of the Practical Working of this Institution in all Secular Affairs. By TOULMIN SMITH, of Lincoln's-inn, Esq., Barrister at Law. "Parishes were instituted for the ease and benefit of the people.”— Chief Justice Holt. "Cum haud pauca quæ omnino fieri necesse sit, alii autem ob innatam superbiam subterfugiant, ipse sustineam et exsequar."-Bacon, De Augmentis Scientiarum, lib. 7, cap. 1. OPINIONS OF THE PRESS. COURT of CHANCERY: comprising EQUITABLE ESTATES and INTERESTS; their Nature, Qualities, and Incidents; in which is incorporated, so far as relates to those Subjects, the substance of "MADDOCK'S PRINCIPLES AND PRACTICE OF THE COURT OF CHANCERY." BY GEORGE SPENCE, Esq., Q. C. * Vol. 1 may be had, price 1. 11s. 6d. boards. "A mass of matter, cases, arguments, and discussions, thrown together in a work of such bulk, is like a library containing as many different works as this contains cases.... presenting the authorities on each point in the ipsissima verba of judicial decisions, but connecting, modi deservedly considered of little less weight by the student than the dicta to which they relate. . . . Such is the variety of topics, subdivided into an almost infinite ramification of cases and points, into which the learned author is necessarily led. Few writers, we apprehend, could be found sufficiently persevering to pursue every topic in such a list with the same untiring vigour, till each in its turn was exhausted; few would have the learning, fewer still the resolution."-Law Magazine, No. 22. Every overseer, churchwarden, vestryman, or other active parish-fying, approving, or condemning them in his own words, which will be ioner who would know what are his constitutional duties, what are his rights, what he can do, and what he ought to do, should take Mr. Toulmin Smith's volume as a text-book. Mr. Smith does especial good service in setting forth how thoroughly the parish is a secular institution, in its first intention as in its whole structure; and how unjustifiable is every attempt to subject its free system of representative government to the despotism of its pulpit. We may call this the basis or foundation on which the whole book rests. Mr. Smith treats of the history of parishes; dignifies the vestry with historical research upon its constitution; discusses the legal and constitutional position of every parish officer in detail, from the churchwarden to the beadle, the sexton, and the vestry clerk; treats upon parochial com- . mittees and trustees; has a chapter upon the position of the parson; and enlarges upon all the powers of a parish, whether they concern its roads, its records, its health, the care of its poor, its fire-engines, or any other thing belonging to it. The law concerning rates and taxes (each rate and tax being discussed separately) is also explained; and many suggestions are thrown out, under these various heads of discussion, having in view the throwing of fresh life into parochial business. We see no reason why every man who loves his parish should not give a hearty welcome to this useful book, and so secure it a wide audience."-Examiner. "Mr. Toulmin Smith's great practical experience of the subject treated necessarily gives a peculiar value to this book; and besides the author's practical knowledge, his learning on the subject is of the soundest and most practical nature. In the multitude of constitutional, legal, and practical matters of the very highest value, and of vital importance to the existence of England as a free and wellgoverned country, it is not easy to select any particular chapters or sections as specimens of the whole."-Jurist. "Mr. Toulmin Smith has devoted a great portion of his life to the study of the old forms of liberty which our ancestors bequeathed us, especially in respect to parish affairs; and as a consequence of his labours, we have now an elaborate book on 'The Parish,' which will be found, we think, to contain all the information upon this voluminous question which the simple subject of this realm may need. As a lawyer, Mr. Toulmin Smith is able to go into those details about parish duties and parish rights which every free inhabitant of this country ought to know; and as the book is written for the instruction of the public in general, and not the legal class in particular, and as it is quite a novelty and desideratum, it will be received as a great boon and a considerable authority. The author deals with the obligations and powers of an English parish meeting, and the officers and duties of the parish; and he gives illustrations of the practical working of the parish institution in all secular affairs. And at the end of the book there is a copious index, which enables the reader at once to turn to the text for the solution of any difficulty in connexion with parish matters." -Empire. "Mr. Toulmin Smith has highly distinguished himself as an uncompromising champion of ancient Anglo-Saxon institutions, amongst which the coroner's court holds a prominent place. His work entitled The Parish' is a remarkable protest against a centralising spirit, which is one of the characteristics of modern legislation. .... His book displays considerable erudition, and is admirably written."Lancet. "This book is so written as to combine profound and accurate legal learning and professional and practical knowledge with a popular and untechnical exposition of the subject-matter..... Independently of the legal and practical value of this book as a trustworthy guide to parish officers in the performance of their duties, it has a constitutional and historical value of no ordinary kind."-Globe. "This book is an interesting one, containing much practical information concerning parochial duties, with which it concerns every one to be conversant; and its utility will not be by any means confined to those who agree in the opinions of the writer."-Morning Post. "The parish stands, or ought to stand, in the same relation with regard to the ratepayers as the kingdom does to its Parliament. But the means of knowing his rights and duties have hitherto been denied to a man of ordinary education and means. The book now before our notice will be of great service in supplying this hiatus. Written in a condensed form and comprehensible style, it combines the accuracy of a law-book with the pleasant tone of an essay and the usefulness of a dictionary.. As a practical treatise of reference, we can sincerely recommend this book to our readers. . . . . Let them place it upon their library tables, and they need never be at fault upon a point of law or practice as to what is required of them as parishioners, or be unable to perform their ordinary duty as such according to law and their own satisfaction."-Manchester Daily Times. "No living man has contributed so much to the proper understanding "We must far surpass the limits of an article were we to attempt to discuss, with any sort of completeness, the vast variety of subjects which Mr. Spence's second volume contains-subjects treated by him with a fulness of detail indispensable in a book designed, not only as a guide, pointing out to the student the great principles upon which the law in its complexities of actual business depends, and tracing the mutual connexion of those extensive provinces of equity with whose details he is expected to become familiar, but also as a storehouse, from whose well-arranged repositories the practising lawyer may readily furnish himself with the armour needed for the conflicts of the Bar."-Law Review, No. 22. A more "There remains a vast amount of valuable information, both theoretical and practical, upon topics not to be found in any of the recent treatises, which must be carried to the sole credit of Mr. Spence's own original and laborious investigations; and from this results the peculiar character of the book, that it is at once trite and recherché, containing all the stock information on subjects within its scope which may be found in the current text-books, and, superadded to these, the result of an experienced lawyer's researches in neglected paths, and resumés of, or criticisms (where criticism is called for) on, the most recent decisions, doctrines, and innovations of the Court of Chancery. dense mass of living law, available alike for study, reference, and practice, has seldom been presented to the Profession."-Jurist, No. 668. "The reader, however, will be surprised at the mass of information which it contains; all the principal branches of learning are explored. There never was less book-making in any book than in this."Law Magazine, N. S., No. 8. "A work which promises to be one of the most learned and philosophical treatises on the largest branch of British jurisprudence which our language has produced."-Law Times. A Stevens & Norton, 26, Bell-yard, Lincoln's-inn. DART'S VENDORS AND PURCHASERS. COMPENDIUM of the LAW and PRACTICE of prising the Authorities down to the Time of Publication. By J. HENRY DART, Esq., Barrister at Law. Second Edition. In Svo., price 21s. boards. VENDORS and PURCHASERS of REAL ESTATES; com "In the case of Ware v. Lord Egmont the Vice-Chancellor referred to this work in these terms:-'A learned text-writer on this subject, Mr. Dart, in a book of very great merit, his Vendors and Purchasers,' enters into a disquisition on this judgment,' &c."-18 Jurist, p. 372. "In conclusion, we recommend this work to the practitioner as a complete book, and one that will warrant his confidence, and furnish able assistance in all matters relating to the sale and purchase of estates; and we think no better book can be read by students, for the purpose of giving them a condensed view of the subject, and enabling them to see the application of those principles and rules with which a general study of the law has furnished them."-Law Student's Magazine. "Mr. Dart's labours have produced in this compendium a readable book for the use of beginners. He has paid particular attention to the attainment of a logical arrangement, and a clear and concise style.... Without sacrificing its character as an elementary treatise, Mr. Dart has also made an useful book of practice.. The work is well worthy of a place, not only in the general library, but in that selection of books which the working lawyer looks upon as his best tools; which come most readily to his hand, and which he gets to look upon as a part of himself."-Law Review, May 1, 1851. "The work is short, readable, and very accurate. . . . With these quotations we will close our notice of a work which is obviously prepared with great care, and will, we think, become a standard text-book."Jurist, March 2, 1851. "Its plan is well arranged, the cases are carefully collected, the law is clearly expounded, and in every part of the treatise there is a great deal of learning.. The style is singularly compact."-Law Times, March 8, 1851. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. FOSTER ON SCIRE FACIAS. In 8vo., price 15s. boards, and due appreciation of the ancient municipal institutions of England A TREATISE on the WRIT of SCIRE FACIAS, with as the volume before us. The writer's erudite acquaintance with the subject in all its bearings renders him an eminently trustworthy authority. . . . . His present work contains a mass of rare and serviceable information, written in a clear and untechnical manner, and which cannot fail to be of the highest interest and value to those seeking either to fulfil the important duties of parish action, or to understand how such duties may best be fulfilled. Indeed, the author is fairly entitled to say that so much practical illustration of parish action has never previously been published in any work on the subject." -Sheffield Free Press. S. Sweet, 1, Chancery-lane. an Appendix of References to Forms. By THOMAS CAMPBELL FOSTER, Esq., of the Middle Temple, Barrister at Law. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. Printed by HENRY HANSARD, at his Printing Office, in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County of Middlesex; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, residing at No. 34, Porchester Terrace, Bayswater, in the County of Middlesex.-Saturday, March 17, 1855. No. 11, NEW SERIES.-Vol. I. No. 950, OLD SERIES.-Vol. XIX. CHITTY'S Now complete, in 4 very thick vols., price S. 88. cloth boards, COLLECTION OF STATUTES OF PRACTICAL UTILITY. With Notes thereon. Intended as a Circuit and Court Companion. The Second Edition. Containing all the Statutes of Practical Utility in the Civil and Criminal Administration of Justice to the Present Time. By W. N. WELSBY and EDWARD BEAVAN, Esqrs., Barristers at Law. In the debate on the proposed consolidation of the Statutes, on the 9th February, 1854, Lord Campbell said, "that the Statutes at Large extended to about fifty volumes folio, but all the Statutes which were usually required by lawyers for reference might be found in three octavo volumes compiled by his learned friend Mr. Welsby. When he (Lord Campbell) was upon the bench he always had this work by him, and no Statutes were ever referred to by the Bar which he could not find in it." This important Work will be continued annually, by an Edition of the Statutes, arranged on a similar plan, with a full Index, being published shortly after the close of each Session. Edited by E. BEAVAN, Esq. The first of these Supplements, containing the Statutes of 1854, is now ready, price 9s. 6d. sewed. S. Sweet, Chancery-lane; Stevens & Norton, Bell-yard. THE LAW OF ELECTIONS. This day is published, in 1 vol. royal 12mo., price 10s. 6d. cloth bds., This day is published, price 68. 6d. bound, A PRACTICAL TREATISE on the LAW of ELECTIONS THE LAW LIST for 1855. By WILLIAM POWELL, of the United Kingdom, and "The CORRUPT PRACTICES PREVENTION ACT, 1854," with an Appendix of Statutes. JOHN CLERK, Esq., of the Inner Temple, Barrister at Law. Also, by the same Author, price 12s. cloth, By The LAW and PRACTICE of ELECTION COMMITTEES, containing all the recent Decisions of Election Committees; with an Appendix of Petitions and Statutes. H. Sweet, 3, Chancery-lane, Fleet-street. NEW SEWERAGE DISTRICTS. of the Inland Revenue Office, Registrar of Certificates. THE SUCCESSION DUTY ACT, (16 & 17 Vict. c. 51), for granting to her Majesty Duties on Succession to Property, and for altering certain Provisions of the Acts charging Duties on Legacies and Shares of Personal Estates. With an Introduction and Notes. By HENRY THRING, Esq., Barrister at Law. In 12mo., price 5s. 6d. cloth. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. STARKIES LAW OF EVIDENCE.-NEW EDITION. PRACTICAL DIRECTIONS for the FORMATION of A PRACTICAL TREATISE of the LAW of EVI SEWERAGE DISTRICTS, and for the Conduct of Sewerage Boards, in the Neighbourhood of the Metropolis, under the Statute 17 & 18 Vict. c. 111; with the necessary Forms, and an Abstract of all the Metropolitan Sewers Acts. By TOULMIN SMITH, Esq., Barrister at Law; Author of "The Parish: its Obligations and Powers," &c. S. Sweet, 1, Chancery-lane. THE LAW OF LETTERS-PATENT. A TREATISE on the LAW of LETTERS-PATENT for THE MONTHLY DIGEST. By EDWARD BOURNE Just published, price 1s., DENCE. BY THOMAS STARKIE, Esq. Fourth Edition, with very considerable alterations and additions; incorporating the Statutes and reported Cases to the time of publication. By G. M. DOWDESWELL and J. G. MALCOLM, Esqrs., Barristers at Law. Just published, in 1 vol. royal 8vo., price 11. 16s. cloth. "Fortunately for the Profession, the new edition has been intrusted to gentlemen, of whom one is well known, not only as a ripe and accomplished lawyer, (doctrinâ malidus), but as a judicious editor, knowing how to withhold as well as how to apply his hand. Amid the present plague of reports mere industry is not sufficient to qualify even a secondrate editor. . . . . It is evident that the editors have not been blinded by their respect for the author, but have altered, corrected, and amended wherever they have seen occasion. Such a course could not be pursued safely upon a small stock of learning or of judgment; and in our opinion it has been pursued, not only with safety, but with manifest advantage to the book; so that the fourth edition of Starkie is to the existing law what the first edition was to the law in 1824. . . . . We wish we had some means of identifying Mr. Malcolm's portions of the work. As it is, being hitherto unknown in authorship, he must be content with the praise of having borne a part where all was good."-Jurist. "It is also the only work of which a new edition has been brought out at such a time as to render it possible that it should apply to prac tice, with any degree of consideration and accuracy, the modern changes in the law. . . . . We think the editors will have gone far towards restoring the admirable work of Mr. Starkie to its original character of the best work on the law of evidence which has yet been produced."Stevens & Norton, 26, Bell-yard, Lincoln's-inn. FINLASON'S COMMON-LAW ACTS. Recently published, in 12mo.. price 14s. cloth, ON THE ECONOMY OF THE LAW, especially in Legal Observer. relation to the Court of Chancery. By GEORGE COCHRANE, Esq., Barrister at Law. "On the word 'law' rests the destiny of empires." Sweet, 2, Chancery-lane, Fleet-street; Effingham Wilson, Royal Exchange; and B. W. Gardiner, Princes-street, Cavendish-square. TO MEMBERS OF THE LEGAL PROFESSION. COMMON LAW and EQUITY REPORTS.-With a view to extend the usefulness of the work, the Proprietors have resolved upon adding two Divisions to their Series of Reports, the one consisting of all the Cases applicable to the Practice of the Quarter Sessions and County Courts; the other, the Leading Statutes passed during the Session, together with full Abstracts of the less important, Titles, Alphabetical Indexes, &c. In compliance also with numerous and urgent applications, they have decided upon receiving separate subscriptions for each division of the Series. The annual subscriptions, therefore, in future, will be as follows: Entire Series (with Leading Statutes) Common Law £ 8. d. 220 110 1 1 0 1 1 0 1 1 0 Subscriptions received, by post or otherwise, by No. 11, VOL. I., NEW SERIES. THE COMMON-LAW PROCEDURE ACTS of 1852 and 1854; with Notes, containing all the Cases either already expressly decided on or tending to elucidate them. With an Appendix, containing the Common-law Procedure Act of Will. 4, the recent Acts on Evidence, the New Rules to Michaelmas Vacation, 1854, and an Introduction. By W. F. FINLASON, Esq., Barrister at Law. "This is, in our judgment, a most excellent and carefully written book. The equity powers given to the Common-law Courts are admirably done. The views taken by Mr. Finlason of the practical bearing and operation of these acts are remarkably shrewd and suggestive. Such men, and their editions of statutes, tend very greatly to improve the laws they expound, and powerfully assist the objects of the Legislature."-Law Magazine, Feb. 1855. "We have now before us the work of Mr. Finlason, whose previous labours in expounding other statutes entitle him to the favourable consideration of the Profession. The notes to the various new enactments are very full and valuable."-Legal Observer, Jan. 67 1855 "This work is well done."-Law Times, Jan. 6, 1855 Stevens & Norton, 26, Bell-yard, Lincoln's fun. PAPER.-The cheapest, largest, and best assorted Sto suitable for the use of the Legal Profession, will be fou MATTHEWS & DREW'S, Paper Manufacturers and Stationer the High Court of Chancery, 38, High Holborn, opposite Chancery lane. -Samples, with prices, will be forwarded on application, and orders the amount of 21. carriage-free to the country. PURSUANT to a Decree of the High Court of Chan- STEPHENS'S IMPROVEMENTS in INK and WRITING cery, made in a cause of "Cowan against Nash," all persons claiming to be CREDITORS of or INCUMBRANCERS on the real and leasehold ESTATES of ROBERT MUSSETT, late of Deptford, in the county of Kent, gentleman, the testator in the proceedings named, (who died in or about the month of May, 1854), are, by their solicitors, on or before the 14th day of April, 1855, to come in and prove their claims at the chambers of the Vice-Chancellor Sir John Stuart, 12, Old-square, Lincoln's-inn, Middlesex; or, in default thereof, they will be peremptorily excluded from the benefit of the said Decree. Saturday, the 21st day of April, 1855, at 12 o'clock at noon, at the said chambers, is appointed for the hearing and adjudicating upon the claims.-Dated this 3rd day of March, 1855. ALFRED HALL, Chief Clerk. NICHOLS & CLARK, Solicitors, 9, Cook's-court, Lincoln's-inn, Agents for Messrs. Bass & Stiwell, of Dover, the Plaintiff's Solicitors. PURSUANT to a Decree of the High Court of Chan cery, made in a cause "Henry John Blagrove, an infant, by his next friend, plaintiff, against Richard John Lechmere Coore and another, defendants," the CREDITORS of HENRY JOHN BLAGROVE, late of Southwick-place, Hyde-park, in the county of Middlesex, and of Orange-valley, in the parish of St. Ann, in the Island of Jamaica, Esq., deceased, (who died in or about the month of March, 1854), are, by their solicitors, on or before the 26th day of March, 1855, to come in and prove their debts at the chambers of the Master of the Rolls, in the Rolls-yard, Chancery-lane, Middlesex; or, in default thereof, they will be peremptorily excluded from the benefit of the said Decree. Friday, the 30th day of March, 1855, at 1 o'clock in the afternoon, at the said chambers, is appointed for hearing and adjudicating upon the claims.-Dated this 26th day of February, 1855. GEORGE WHITING, Chief Clerk. HOOKE, STREET, & GUTTERES, Plaintiff's Solicitors, Philpot-lane, London. PURSUANT to a Decree of the High Court of Chancery, made a cause "Waeick against Palmer," the CREDITORS of GEORGE RICHARDS, late of No. 2, Bedford-place, Hampsteadroad, in the county of Middlesex, and of Bartlett's-buildings, in the city of London, and of Birmingham, in the county of Warwick, jeweller, (who died in or about the month of November, 1842), are, by their solicitors, on or before the 12th day of April, 1855, to come in and prove their debts at the chambers of the Master of the Rolls, in the Rolls-yard, Chancery-lane, Middlesex; or, in default thereof, they will be peremptorily excluded from the benefit of the said Decree. Tuesday, the 17th day of April, 1855, at 12 o'clock at noon, at the said chambers, is appointed for hearing and adjudicating upon the claims.-Dated this 2nd day of March, 1855. GEORGE HUME, Chief Clerk. GEORGE JOHN SHAW, 8, Furnival's-inn, Solicitor. FLUIDS.-Out of numerous flattering testimonials received by the Proprietor, the following is respectfully, and by permission, submitted to public notice:"Brunswick Works, near Birmingham. "Sir,-There is an impression generally existing that your admirable Ink is not adapted for the Copying Press, (I mean your Blue Black). Allow me to remark, that it would be a material benefit to yourself and the public to make it generally known, that the Ink in question is better adapted for the press than any other, inasmuch as it retains its colour, and is not apt to assume that brown appearance that most of the ordinary copying inks do after a short lapse of time. I have used your Ink for the last eight years, and copy all letters or memoranda of importance, and have never yet found anything to equal it as a copying ink, (of its other superior qualities I need not speak). I inclose a press copy of this as a specimen. All parties to whom I have recommended your Ink for copying have exclusively adopted it. "I am, Sir, yours respectfully, "To Mr. Stephens, 54, Stamford "G. STEVENS." street, London. Red, Blue, and Black Inks, also superior Copying Inks, Liquid Drawing Inks as a substitute for Indian Ink, and Coloured Inks of various sorts, are manufactured in exact chemical proportions. STEPHENS'S WOOD STAINS, as a substitute for Paint, and at less than half the cost. STEPHENS'S PATENT PROPELLING PENCILS require no cutting, the Lead being propelled to the point by a turn of the Cap, as required. They are manufactured in Wood and in Ivory, and arewell adapted for the Pocket and Memorandum Books. STEPHENS'S IMPROVED PARALLEL RULER, having the rollers underneath a flat surface, rolls over the paper without touching the fingers, so that soiling them or the paper is prevented. STEPHENS'S PATENT (the only perfect) STAMP and LABEL DAMPER. The Label or Stamp placed in at one opening appears instantaneously at the other, damped on both sides, and ready for affixture. HENRY STEPHENS, 54, Stamford-street, London; and by all Booksellers and Stationers. THE AUSTRALIAN FREEHOLD GOLD MINE.Notice is hereby given, that at a Special General Meeting of Registered Adventurers, held at the Offices of the Company, on Tuesday, the 6th day of March last, the following Resolution was unanimously agreed to: "That this Meeting being of opinion that the object for which this Adventure was formed has now failed, they hereby determine to dissolve the same forthwith, or as soon as practicable, under the power of the 28th Rule in the Cost-book, and direct that the Committee of Management be authorised to take such steps as may be necessary or advisable for realising and dividing pro rata amongst the Adventurers the remaining property of the said Adventure, subject to all outstanding PURSUANT to an Order of the High Court of Chancery, debts and liabilities." made in the matter of the Estate of Angelo Levy, deceased, and in a cause "Esther Maria Vanzetti, plaintiff, against Sarah Pacifico and others, defendants," the CREDITORS of the said ANGELO LEVY, late of Devonshire-square, in the city of London, deceased, the testator in the said Order named, (who died in or about the month of March, 1816), are, by their solicitors, on or before the 30th day of March, 1855, to come in and prove their debts at the chambers of the Vice-Chancellor Wood, 11, New-square, Lincoln's-inn, Middlesex; or, in default thereof, they will be peremptorily excluded from the benefit of the said Order. Thursday, the 12th day of April, 1855, at 12 o'clock at noon, at the said chambers, is appointed for hearing and adjudicating upon the claims.Dated this 7th day of March, 1855. HENRY LEMAN, Chief Clerk. NATHANIEL LINDO, Plaintiff's Solicitor, 17, King's Arms-yard, Moorgate-street, City. In pursuance of such resolution, a SPECIAL GENERAL MEETING of the Registered Adventurers will be held at the City of London Tavern, Bishopsgate-street, on Tuesday, the 3rd day of April next, at 2 o'clock in the afternoon precisely, to confirm the above resolution. By order, WM. PULSFORD, Purser and Secretary. Dated this 13th day of March, 1855.-39, Nicholas-lane, Lombard-street, London. N.B. Registered Shareholders are earnestly requested to attend the above Meeting. All shares intended to be voted upon must be left for registration three clear days before the Meeting, at the Offices of the Company. PURSUANT to an Order of the High Court of Chancery and property in California are still preserved to the Company, and made in a cause "Stillwell against Mellersh," the CREDITORS of WILLIAM MELLERSH, late of the White Mills, Battersea-fields, in the county of Surrey, miller, (who died in or about the month of January, 1853), are, by their solicitors, on or before the 17th day of April, 1855, to come in and prove their debts or claims at the chambers of the Vice-Chancellor Kindersley, at 3, Stone-buildings, Lincoln's-inn, Middlesex; or, in default thereof, they will be peremptorily excluded from the benefit of the said Order. Friday, the 20th day of April, at half-past 2 o'clock in the afternoon, at the said chambers, is appointed for hearing and adjudicating upon the claims.-Dated this 8th day of March, 1855. CHAS. PUGH, Chief Clerk. PALMER, PALMER, & BULL, 24, Bedford-row, INCUMBERED ESTATES COMMISSION.-Notice to Claimants and Incumbrancers.-In the matter of the ESTATE of THOMAS EYRE, assignee of Richard Jolin Hicks, a bankrupt, owner, ex parte Richard Wingfield Hicks, William Hicks, Henry Edmund Hicks, and Frederick Benjamin Hicks, infants, by Edmond Johnston Figgis, their guardian and next friend, petitioners.-The Commissioners having ordered a sale of the upper mills of Loader'spark, near Harolds, and the mill-ponds and watercourses thereto belonging, and the machinery and utensils therein, and Loader's-parkfields, situate in the baronies of Newcastle and Upper Cross and county of Dublin, and the lands of Kilmacanogue, situate in the half barony of Rathdown and county of Wicklow, all parties objecting to a sale of the said lands, or having any claims thereon, are hereby required to take notice of such order. Dated this 6th day of February, 1855. HENRY CAREY, Secretary. WILLIAM WHITTON, Solicitor, (having carriage of sale), 18, Middle Gardiner-street, Dublin. UARTZ ROCK MARIPOSA GOLD-MINING COMPANY.-The Directors and Committee of Consultation, having learned by the last advices from Mr. Waddell that the Company's mines having obtained subscriptions to the Debenture Capital to the extent of about 90007., give notice that they have now determined to issue SHARES of the Company, at 5s. per share, sufficient to make up the sum still required to complete the subscription. Applications for allotments of shares at 5s. per share, or for the Preferential 10 per cent. Debentures, at 17. each, (the same being a charge upon the Company's property), must be made to the Secretary by shareholders and the public forthwith. 2300 shares, at 5s. per share, have been this day subscribed for. FREDERICK DINELEY, Secretary pro tem. 26, Throgmorton-street, Feb. 28, 1855. CHARITY and POLICY UNITED.-The MARINE SOCIETY in the past year trained on board the Society's ship, and clothed and fitted out for the Royal Navy, Indian Navy, and the mercantile marine, 455 poor and destitute boys, who, rescued from ignorance and the innumerable dangers of a life of idleness, are now stimulated to support themselves by the exertions of their own industry; a heavy burthen is thus removed from their distressed parents and friends, whilst the boys have obtained employment in a service most useful to the country. Since the formation of this Society, nearly a century ago, it has clothed and fitted out 90,000 individuals for the sea service, and it is hoped that an institution so highly beneficial will ever commend itself to the support of the British public. At this juncture, when large demands on the Society's funds may be expected, it becomes necessary to appeal to the liberality of the benevolent for increased donations and subscriptions. Contributions of any amount towards the further support of this national charity will be thankfully received at the offices of the Society in Bishopsgate-street. T. P. RUST, Secretary. CONTENTS. 95 96 96 97 98 241 249 Houlding v. Cross.-(Will-Ademption-Furniture). 250 VICE-CHANCELLOR WOOD'S COURT. By MATTHEW B. BEGBIE, Barrister at Law. Goddard v. Haslam.-(Practice-Parties to administration suit) ... ..... COURT OF QUEEN'S BENCH. 251 By G. J. P. SMITH and W. B. BRETT, Barristers at Law. Reg. v. The Poor-law Commissioners.—(Poor-Election of guardians-Order of Poor-law BoardCertiorari-5 & 6 Vict. c. 57, s. 8-Delivery of THE JURIST. LONDON, MARCH 24, 1855. THERE is this peculiarity in trials which are conducted without the intervention of a jury, that the judge decides both the law and the facts, instead of laying down the law for those who are to find the facts. Hence, it is often impossible to ascertain the ground of the decision in trials by judges alone, whether it proceeded on the law or the facts of the case; and if there be an error, whether it consist in ignorance of law or a mistake of facts. This consequence renders it extremely difficult, not only to detect, but also to correct, the fallacy by way of appeal or other proceeding, and to check the recurrence of similar errors. Our readers will remember the difficulty which has been experienced on this account in appealing from the decisions of county court judges, when they have acted without a jury. There is another distinction of great practical importance between trial by a judge and trial by a jury: the prisoner or defendant may challenge the jury, but has no means of excepting to the judge. Under the Roman law, even in its period of despotism, a recusatio judicis was permitted, which was, in effect, a challenge to the judge; but at the present day, in this land of freedom, no such safeguard is proposed to compensate for the absence of a jury. It is true, that a decision by a judge or magistrate in a matter in which he is interested is voidable (Dimes v. The Grand Junction Canal Company, 3 H. L. C. 759) if subsequent proceedings be adopted in order to avoid it; but there is no mode of declining the exercise of jurisdiction by the judge in the first instance. We trust that these important distinctions will not be overlooked by those members of our Legislature who are about to discuss the Criminal Justice Bill in No. 11, VOL. I., NEW SERIES. COURT OF QUEEN'S BENCH-(continued). nomination paper-Sunday-General Order of the 26th July, 1847, arts. 6, 8) Reg. v. Trafford.-(10 Geo. 4, c. 56, s. 27-4 & 5 Will. 4, c. 40, s. 7-6 & 7 Will. 4, c. 32-Building society-Mortgage-Redemption— Reference of dispute to arbitration—Order of justices-Certiorari). Reg. v. Saunders.-(Highway rate-Stone mine or quarry—“ Usually rated," 5 & 6 Will. 4, c. 50, 8. 27).. COURT OF COMMON PLEAS. 251 252 255 By W. PATERSON and W. MILLS, Barristers at Law. Bloor v. Huston.-(County court-Bailiff's right to costs of an interpleader—9 & 10 Vict. c. 95, s. 118, and Rule of Practice 148) 256 Holmes v. Service.-(Practice-Service of writ of summons on a lunatic-15 & 16 Vict. c. 76, s. 17) 258 Astbury, App., Henderson, Resp.-(Appeal under Registration of Voters Act).—(Freehold qualification -8 Hen. 6, c. 7-Calculation of value-Unlet building land) the House of Commons. In our comments upon this measure last week we stated that even the powers vested in justices for the purpose of summary conviction were guarded to a greater extent than those which are now proposed to be given for the purpose of convicting of felony; and it is certainly remarkable, that while in the former cases a right of appeal is very frequently given, no such right is conferred against the decision of two justices in a case of felony; nor is the conviction (which will be in a general form) to be removed by certiorari or otherwise. The power proposed to be given to justices over prisoners who plead guilty to the charge brought against them is not liable to the same objections as their jurisdiction over those who deny the charge; and it may be observed, that an authority to convict without a jury, on confession, was conferred upon justices by the stat. 2 Hen. 5, st. 1, c. 4, relating to labourers, which authorised justices to examine labourers on their oath, and on their confession to punish them as if they were convict by inquest. This, and a power of convicting upon view in cases of forcible entries and riots, (12 Rich. 2, c. 2; 13 Hen 4, c. 7), seem to be the only clear instances in which justices of the peace in those early times were authorised to inflict punishment upon their own inquiry and judgment. The first statute upon which a summary conviction by a justice is on record is that of 33 Hen. 8, c. 6, against the practice of carrying daggers or short guns. There appears to have been a conviction on this statute removed into the Court of Queen's Bench as early as the 43rd of Elizabeth; and "this very case," says Mr. Paley*, "affords a proof of the objection which, in the state of manners at that day, might well exist against relaxing the jealousy of the common law, by intrusting anything like arbitrary authority in private hands. It appears that a sheriff's officer, going to execute a writ • Law of Summary Convictions, Introduction, p. 11. K + against a justice of the peace for a debt, and taking with him a hand-gun, from the apprehension of a rescue, the justice, instead of obeying the writ, apprehended, convicted, and imprisoned the officer till he paid a fine of 107., under colour of the act of Parliament." While, on the one hand, we are alive to the dangers threatened by the Criminal Justice Bill, on the other we are not insensible to the inconveniences of the present system. There is no doubt that a great number of petty offences are tried at quarter sessions, being a heavy burthen upon the county rates, (which ultimately falls on the Consolidated Fund), and a severe tax upon the time and avocations of the prosecutor and his witnesses. To have such cases satisfactorily decided almost upon the spot where they are alleged to have occurred, and within a very short period after their occurrence, would be a great boon to the community at large. May not a middle course be adopted between the present expensive and dilatory course and the dangerous innovation involved in the bill? Why should not the two justices have power to summon a jury-say of six persons-to try the accused? The trial might then proceed as at quarter sessions. The law and the facts would be adjudicated upon separately; the right of challenge would remain, and the offender would be tried by men approaching his own station in life. It appears that a similar power once existed, and was exercised. It was not until after stat. 36 Edw. 3, st. 1, c. 12, that the general sessions were held only four times a year: that statute commands that they shall be held at least four times; and the subsequent statute (2 Hen. 5, c. 4) adds, " and oftener if need be." The stat. 33 Hen. 8, c. 10, required them to be held every six weeks, which, however, was repealed by the 37 Hen. 8, c. 7. (Paley, p. 5). Under these circumstances, the holding of petty sessions with a jury would be only consistent with an ancient system of procedure, as well as with that mode of popular trial by which our jurisprudence is distinguished. NOTES OF THE WEEK. Ar the Stafford Assizes, Lord Campbell, C.J., animadverted severely upon the practice of landcuffing and searching prisoners who have not been charged with any act of violence. In the cause (Eggington v. The Corporation of Lichfield) which elicited these remarks, the plaintiff, who had been town clerk to the corporation, had been summarily convicted, under the Municipal Corporation Act, of refusing to deliver up the books, &c. which he had received by virtue of his office, and having been arrested upon a warrant founded on such conviction, had been searched and handcuffed. The action, which was for false imprisonment, was brought not only against the corporation of Lichfield, but also against Mr. Simpson, their town clerk, and Page, a police constable. On the subject of assessing the damages, Lord Campbell, C. J., said he had heard it stated that the jury should give the amount which the most culpable defendant ought to pay; but he was of opinion that the amount should be that which all the defendants ought to pay, because each joint tort feasor, being made co-defendant, was liable to pay the whole; adding, that the point was as yet undecided. At the Maidstone Assizes, Mr. Bramwell, Q. C., (presiding in one of the criminal courts), held, after consulting the learned judges on the circuit, that a forgery committed with intent to deceive the party to whom it was uttered, although not with the intent of ultimately defrauding such party, came within the legal definition of forgery. The jury, by their finding, seemed to be of opinion that the prisoner, who had uttered a forged bill of exchange to A. B., intended thereby to deceive of the bill when it became due. him at the time, but also intended to pay the amount for leave to bring in a bill for the education of the people Sir John Pakington, in moving, on the 17th instant, of this country, after paying a well-deserved compliment to Mr. Horace Mann, barrister at law, for his very able report on the census, proceeded to lay before the House some interesting statistics upon the subject of his motion. Speaking of the connexion between ignorance and crime, the Right Honourable Baronet said that it was difficult to obtain full information upon the matter, and that our own statistics of crime are very imperfect, especially the returns of summary convictions. In 1846, when the population of England was 17,018,600, the number of persons committed for trial was 25,107, and the number summarily convicted was 35,749, In Austria (one of the best educated countries in making altogether 60,856 persons convicted of crime. Europe) 1 in 300 of the population is detected in crime, while in England 1 in 300 is detected, making a difference of nearly three to one. Review. The Common-law Procedure Acts of 1852 and 1854, with Notes and an Appendix, containing the Commonlaw Procedure Acts of William IV, the recent Statutes on Evidence, and the New Rules framed under both the late Acts, and an Introduction. By W. F. FINLASON, Esq., of the Middle Temple, Barrister at Law. [Stevens & Norton, 1855.] A Treatise on Equitable Defences and Replications under the Common-law Procedure Act, 1854. By John D. MAYNE, Esq., of the Middle Temple, Barrister at Law. [Sweet, 1854.] No one, after perusing Mr. Finlason's work, will deny that he is a gentleman of most laudable industry, delighting in elaborate notes, the Year Books and their successors, through many generations unto the present time. The consequence is, that his annotations are very learned and very long, filling up the page in double columns, while the different sections of the act venture to peep forth by a single line at the top, like a short Zouave endeavouring to look out of a deep trench. We cannot help thinking that Mr. Finlason might spare himself and his readers considerable labour were he to condense his notes into a clear exposition of the subjects discussed in them, giving the principles which may be deduced from the cases, instead of heaps of cases themselves, "like orient pearls at random strung," and rendering his commentary upon a code of practice more practical. He rather overlays the statutes with his notes. After this suggestion, which we offer in a friendly spirit, and with a sense of obligation to Mr. Finlason for the body of useful law which he has undoubtedly placed before his readers, we proceed to sketch an outline of his work. Commencing with an introduction and synopsis of the Common-law Procedure Acts, he then gives the statutes themselves, with foot-notes, (we prefer notes following the sections); then, in an Appendix, the stat. 1 Will. 4, c. 22, for enabling Courts of law to order the examination of witnesses upon interrogatories and otherwise, (which is useful, |