Imágenes de páginas

bell, in delivering judgment for himself and his col-ing in trust for him, but in trust for the assignee—at leagues, said, “Every tribunal administering justice least, as between these parties. The assignee could at according to the statute must consider only the effect any time compel the trustee to transfer the stock to intended by the Legislature to be given to the charging sist the claim of such assignee on the ground that he

him, and neither the debtor nor the trustee could reorder; and this is to be learned from the language in had given no notice to the trustee; and what is true which the meaning of the Legislature is expressed, of an assignment of the whole stock is true of a partial without interpolating something not to be found. In charge thereon. the 14th section it gives in the most unequivocal terms

“ It is admitted that this would be the effect of the the same remedies to the judgment creditor who has charging order upon stock standing in the debtor's obtained the charging order to which he would have name, and equitably mortgaged by him before the

charging order. The equitable mortgagee would have been entitled “if such charge had been made in his priority; for the debtor would be trustee of the stock favour by the judgment debtor.' The defendant's for him, and the stock would not be standing in his counsel contended that we are bound to understand the name on his own behalf. It is not probable that the word 'honestly to be implied, and that the charging Legislature intended to give a greater effect to the order order is only to have the effect which a charge of the upon stock standing in the name of a trustee than it

would have upon stock standing in the debtor's name. debtor would have had if made honestly. To interpo

“ Also the charge intended by the statute must be late the word honestly' would, we think, be a qualifica- taken to be a lawful charge; for it is not to be suption of the enactment wholly unauthorised. The words posed that the Legislature intended to force the debtor that are to be understood as implied by the Legislature, into the situation of a breaker of the law. Now, if the we think, are," validly and effectually.'” [Is not this

debtor made a lawful charge on stock, he would either "interpolating something not to be found?") «The specify his interest therein, or charge it subject to out

] “a debtor could not validly and effectually make a charge judgment creditor is analogous to a charge expressed to to have priority over an antecedent equitable charge to be on such interest as the debtor might have; and if which the incumbrancer has completed his title, and worded in that way, the charge would give no right therefore the charging order has no such operation; but beyond what the debtor had, as a charge so worded the first incumbrancer not having completed his title The second charge would not take priority over the

seems to be notice to the creditor taking it to inquire. by notice to the trustees, the debtor might make a first, unless the debtor charged as unincumbered that charge to a subsequent incumbrancer, which in point of which was incumbered; if he did so, he would clearly law would be valid and effectual. At the time of this violate the law, so far as to be liable to an action of charging order the stock still continued to stand in the tort for the damage arising from the false representanames of the trustees, in trust for the judgment debtor; bered, and obtained the advance by that falsehood, he

tion. If he asserted expressly that it was unincumtill notice from the mortgagee, they were not trustees would be indictable for a false pretence. The judgfor her; and immediately after notice of the charging ment creditor, therefore, would not be entitled to order, they became trustees for the judgment creditor." priority over the first mortgagee if the charge intended The short answer to this appears to be a denial of the in sect. 11 is a lawful charge. assumption that the trustees of the stock were not trus

“ Furthermore, the claim to take the stock from the tees for the mortgagee before notice. It is perfectly he has lost the stock in any event, but a remedy against

first mortgagee is not a remedy against the debtor, for clear that they became so immediately upon the the first mortgagee—a remedy given upon the general making of the mortgage, and that a voluntary assign- principle for deciding which of two innocent claimants ment of the stock by the mortgagor, perfected by notice shall suffer by the fraud of a third party, viz. he who to the trustees, would have passed nothing more than facilitated the fraud. Such is the doctrine of Loveridge the equity of redemption. From the date of the mort- with a second mortgagee who has been deceived into

v. Cooper. Now, a judgment creditor is in no analogy gage the trustees held the stock in trust for the mort- taking as unincumbered a security that was incumgagee, and subject to the satisfaction of his charge, in bered. The judgment creditor has trusted to no partrust for his mortgagor. It was upon this last trust ticular security; he has rights which may be made to alone that the charging order operated. Thus, if after charge all the available assets of the debtor, and among the first mortgage the mortgagor had made a second the rest his [equity of redemption of the] stock; but he mortgage of the stock, (even without notice of the first), has advanced nothing on the stock, and has been in no the second mortgagee would, by virtue of his mortgage way deceived in respect thereof; and the judgment merely, take nothing but a charge on the equity of re- debtor, by suffering judgment, has not used deception, demption; and if he had notice of the first mortgage nor been guilty of fraud. The reason, therefore, for when he made his advance, he could not enlarge his giving priority to a second mortgagee over a first right by diligence in giving notice to the trustees. wholly fails in respect of a judgment creditor." Would notice of the first mortgage to the judgment It will be seen that the Court of Queen's Bench, in ereditor before obtaining his judgment, or before ob- deciding Watts v. Porter, has committed precisely the taining his charging order, or before giving intimation same mistake which Lord Cottenham made on the first to the trustees, confine his charge to the equity of hearing of Whitworth v. Gaugain, and which he subredemption, in the opinion of the Court of Queen's sequently corrected. We confidently anticipate that Bench? Nothing can be clearer or more conclusive the authority of Whitworth v. Gaugain will be restored than the following concise summary of the doctrine by a reversal of the decision in Watts v. Porter. in Whitworth v. Gaugain given by Erle, J., in the case under consideration :** The debtor's interest only is charged, for the con

NOTES OF THE WEEK. dition in the statute for the charge is, that there should be stock standing in the name of a trustee, in trust for In Wright v. Lord Maidstone, (before Sir W. P. the debtor. Now, if the debtor has already assigned Wood, v. C.), a bill praying that the defendant might the stock without notice to the trustee, it is not stand- ). be decreed to pay the amount of his acceptance, which


had been destroyed, was held defective on demurrer, / tered by such leave had been to a writ of summons, upon the ground that the remedy was at law, a dis and such order on such leave obtained shall in all retinction being drawn between cases where a bill of ex- spects be treated as a writ of summons: provided also, change is lost and where it is destroyed. This distinc- that after judgment the court or a judge may, under tion has lost much of its force since the Common-law special circumstances, set aside the judgment, and, if Procedure Act, 1854, as by sect. 87 of that act, in any necessary, stay or set aside execution, and may give action upon a bill of exchange or other negotiable in- leave to appear to the order, and to defend the action, strument, the court or a judge may order that the if it shall appear to the court or judge reasonable so to loss of such instrument shall not be set up, provided do, and on such terms as to the court or judge may an indemnity is given, to the satisfaction of the court seem just.” or judge or master, against the claims of any other person upon such negotiable instrument.

HOUSE OF COMMONS. The Bills of Exchange and Promissory Notes Bill Mr. Craufurd called the attention of the House to the received the royal assent on the 23rd July. The fol- Report of the Statute-law Commission, and complained lowing clauses were proposed by Lord Brougham, but of the insertion of an Appendix by Mr. B. Ker which had afterwards withdrawn, in order to prevent the bill not been sanctioned by the commissioners, and in which from being thrown out this session :

some reflections were cast upon the expurgatory list “(A.) All bills of exchange and promissory notes drawn up by Mr. Anstey and Mr. Rogers. One of these shall for the purposes of this act, as hereinafter pro gentlemen, Mr. Rogers, had not, from absence, been vided, be noted, or noted and protested, as in the case able to take notice of the reflection cast upon his of foreign bills of exchange.

labours; but Mr. Anstey, he believed, had handed in a “(B.) It shall be lawful for the holder of a bill of reply, which he trusted' would be published without exchange or promissory note which has on the day of delay. its becoming due been noted for non-payment, and Mr. Walpole would inquire into the circumstances which bill of exchange or promissory note is free from under which the papers referred to by the hon. and erasure or alteration in any material part, except by learned gentleman had been appended to the Report; striking out the name or names of an indorser or in and it would also be matter of consideration whether dorsers, to proceed under the provisions of this act, the answer to which he had made reference should or hereinafter contained, at any time after protest for should not be published. non-acceptance or for non-payment, and before the expiration of six months after the day of such bill or PRISONERS TRIED AT Assizes.--A return obtained by note becoming due; provided such holder shall on or

Mr. Cowper, M.P., shews that the total number of priat any time previous to the day of such bill or note be- soners tried at the assizes of England and Wales from coming due have been the holder thereof, or liable for 1850 to 1855, including a space of five years, was as the amount of the same.

follows:-viz. on the Home Circuit, 2501, (including (C.) In each of the Courts of Queen’s Bench, the prisoners tried before commissioners not judges); Common Pleas, and Exchequer of Pleas, the junior on the Midland

Circuit, 2740; on the Norfolk Circuit, Master shall be the registrar of protested hills of ex- 2093; on the Northern Circuit, 2235; on the Oxford change and promissory notes, and shall keep a register Circuit, 4223; on the Western Circuit, 3493; and on for the registration of protested bills of exchange and the South Wales and Chester Circuit, 975. promissory notes.

(D.) Every holder of a dishonoured bill of ex- FIRST REPORT OF THE COUNTY COURTS change or promissory note which is free from erasure

COMMISSION. or alteration in any material part, except as aforesaid,

(Continued from p. 308). may, after protest, register such bill of exchange or promissory note in the register of any of the aforesaid courts, and shall thereupon be entitled to an order of

OBSERVATIONS BY MR. TAYLOR-(Continued). such court, on such bill of exchange or promissory note,

But the point on which I differ from the majority of against the acceptor of such bill or the maker of such the commissioners respects the meaning which ought note, for payment of the same, with interest and costs, to be attached to the phrase "small claims and small within twelve days after service of such order, inclusive disputes.". So far as actions on contract are concerned, of such service; and such order shall be issued and I think that the Legislature has wisely limited the signed by the registrar of protested bills of exchange quasi exclusive jurisdiction of the county courts to and promissory notes of the court in which such biji cases in which the sum recovered does not exceed 201.; or note is registered, and shall be in the form contained but in actions on tort the present limit of 51. is, in in Schedule (C.) to this act annexed; and upon the ex. my judgment, far too low. piration of such twelve days after personal service of

In the first place, the boundary line between actions such order on such acceptor or maker, or after an order on contract and actions on tort has been, to a great for leave to proceed, in the same manner as provided extent, obliterated since the passing of the Commonby the Common-law Procedure Act, 1852, in the case law Procedure Act of 1852. * Take, for example, the of writs of summons, without such payment having ordinary case of an action against a carrier for the loss been made as aforesaid, or without leave obtained to of a parcel intrusted to him. The declaration may be appear and defend, as has been hereinbefore provided framed, and generally is framed, in such a form as in cases where a summons under this act has issued on equally to apply to assumpsit or to case. The action any bill of exchange or promissory note, the said order is tried at Nisi Prius, and a verdict for 101. is given. shall have the effect of a judgment against such ac- | Is the plaintiff to be deprived of costs or not? A cloud ceptor or maker, and may be registered as such, and of instances might be furnished in which similar doubts execution may issue thereon against such acceptor or would arise, and this constitutes the first objection to maker, on affidavit of the service of such order, or of the present system. having proceeded according to leave obtained, which

Next, let it be assumed that a man illegally detains affidavit shall be indorsed on such order or annexed another's goods. The owner has the option of bringing thereto: provided always, that where leave has been either an action of trover or an action of detinue. If obtained to appear and defend, the holder of such bill he brings the former, and recovers a verdict for 6l., he or note shall declare thereon against the acceptor or

is entitled to his costs; but if he brings the latter, and maker, in the same manner as if the appearance en the goods are valued at 191., he is deprived of costs un, less the judge certifies. The same result follows in the one to be tried before him, no danger need be apprecase of the carrier just put, if the plaintiff, instead of hended from the circumstance, which must occasionally framing his declaration ambiguously so as to suit either happen, of a jury taking an illiberal view of the matter, assumpsit or case, chooses to select a particular form. and assessing the damages at an unexpectedly low figure. His right to costs may thus depend on the taste or skill in these cases, and indeed in all others which might of his special pleader. I submit that this law is absurd. either present peculiar difficulties or might otherwise

Thirdly, it appears to me, as a general rule, that ac- he deserving of more than ordinary investigation, it is tions on tort involve less difficult points of law than to be presumed that the judge would discharge his duty actions on contract, and if this be so, it follows that a and grant a certificate. This certificate is, in fact, the judge who has sufficient legal knowledge to be intrusted safety-valve of the plan. No doubt it has been urged with the decision of the latter class of cases up to 20. in some quarters, tliat to enable the judge to grant a is at least equally competent to deal with the former certificate to carry costs, is to invest him with a delicate class to the like amount. A large proportion of actions discretion which will not be exercised either on a union tort consists either of assaults or of collisions, and form principle, or otherwise in a way to afford satisfacthese cases seldom present any legal difficulty. The tion to suitors. I lowever entertain no apprehensions law with respect to assaults is at present sufficiently on this score. I have entire confidence in the integrity anomalous. The party who is assaulted has the option and sound judgment of the Bencb. I feel persuaded of proceeding eitlier civilly or criminally. If he pro- that the judges both can and will discharge this duty, ceeds criminally, the matter is either summarily dis- however delicate it may be, with becoming propriety. posed of by a magistrate, or it forms the subject of an They already have the power when the verdict does not indictment, which is generally tried at the quarter ses- exceed 51., and it cannot make any possible difference sions. In either event it may be reasonably presumed if that power be somewhat extended, so as to meet cases that the judge is a less sound lawyer than the judges of where the plaintiff does not recover more than 201. the county courts. No one complains of tliis jurisdic- Having now stated my reasons for recommending the tion, or ventures to assert that the magistrates are in- change, I venture to reply to the objections which I competent to deal with these cases in a satisfactory have heard urged against the plan. manner. Then, assuming them to be competent, on These objections are threefold. what principle can it be urged, that if the party as. First, it is contended that a marked difference exists saulted, instead of treating the matter as a public wrong, between contracts and torts; for when an action is elects to regard it as a private injury, he should he brought on a contract, the plaintiff knows what sum allowed to call in aid the machinery of a superior court, he is entitled to recover; but when he sues in tort, he and to put his adversary to reedless and vexatious ex. has no means of estimating what amount of damages pense, when he has an opportunity of obtaining redress ought to be awarded to him. hefore a county court?" "If it be urged that difficult This proposition I respectfully deny: When a man questions of fact sometimes arise in cases of assault and sues for an ascertained debt, it may be said that he collision, and that a jury is more competent to weigh knows what sum is due to him; but in a vast number conflicting evidence than a judge, my answer is, that at of actions on contract the claim is for unliquidated the instance of either party a jury may be summoned damages; and here the plaintiff is in no better position in the county court; and I have never heard it hinted than if he were suing in an action on tort. Besides, it that a county court jury of five is not as capable of is not correct to say that the plaintiff has no means of unravelling facts and of assessing damages as a jury of estimating what amount he ought to recover when he twelve when sitting at Nisi Prius.

sues for unliquidated damages, whether in an action on A fourth reason which induces me to recommend that tort or contract. He has ample means for forming at the distinction with respect to costs between actions on least rough estimate; and as the county courts have contract and actions on tort should be abolished is this concurrent jurisdiction with the superior courts in

- that such an alteration in the law would have a claims up to 501., it is only on occasions when the powerful tendency to check vexatious and speculative plaintiff estimates his own damages at a sum exceeding actions, which are now too often brought at the insti- 501., and the jury assess the damages at 20. or less, that gation of disreputable attornies for the mere sake of he need run any risk of being deprived of costs. In a costs. It is notorious that these actions are principally case of this nature it may to a certain extent be hard brought for alleged torts; and it would be difficult to upon the plaintiff to lose his costs in consequence of over-estimate the discredit which is cast upon the pro- having taken an erroneous view of the injury he has fession of the law and the administration of justice by sustained; but it is surely still harder on the defendant their frequent occurrence. What adds to the evil is, to make bim pay an unreasonable amount of costs, that in these cases the defendant has no power, hy pay- which would not have been incurred but through the ing money into court, to escape the infliction of costs, plaintiff's error. and consequently he is compelled, whenever he has ren- The above argument, of course, assumes that the jury dered himself liable to be sued at all, either to submit have pronounced a rational verdict; but the next objecto the extorţionate demands of the plaintiff or of his tion to the plan rests on the assumption that juries are attorney, and to compromise the action on unreasonable in the habit of giving most capricious verdicts, and that terms, or to proceed to trial with a full conscientiousness one jury will often give öl. or 101., when another jury, that in addition to the 8l. or 101. which the jury may on precisely similar facts, will award 601. or 5001. If award as damages, he will be required to pay at least this statement be true, it amounts to a very grave reten or twelve times that amount in the shape of costs. flection on trial by jury, and it furnishes, to my mind, Now, if this class of actions could only be brought in one of the strongest arguments in favour of a plan for the county courts, and they could not be brought in the transferring the settlement of small disputes” to a superior courts if damages not exceeding 207. did not less capricious tribunal. If such serious injustice be carry costs—they would seldom be brought at all, be- frequently done in the superior courts, it may be well cause the fees allowed to attornies who practise in the worth while to try the effect of a court in which the county courts are not sufficiently large to induce them litigants, if they think fit, can have the benefit of the to trade in speculative litigation.

opinion of a judge without the intervention of a jury. Lastly, I am emboldened in recommending this change if the statement be not true-and I hope that it is not in the law by the reflection, that so long as the presiding --cadit quæstio, the objection based upon it falls to judge at Nisi Prius has the power of securing to the the ground. plaintiff his costs by certifying that the cause was a fit

(To be continued).

JAMES STANDING, Batters-terrace, High-street, Peck. To be granted, unless an Appeal be duly entered.

ham, china dealer, Aug. 7 and Sept. 15 at 1, London : Off. Henry Adams, Uxbridge, mealman.-Antoni Forrer, ReAss. Pennell; Sol. Parker, 18, St. Paul's-churchyard.-gent-street, jeweller.– Wm. Alfred Putnam, Strand, glass Pet. f. July 27.

dealer.-Thomas Hitt, Exeter, currier.-Richard J. Orgles, EDWARD CORKER, Edmonton, timber merchant, Aug. 7 Kingsland-road, St. Leonard, Shoreditch, victualler.— Thomas

at half-past 12, and Sept. 25 at 12, London: Off. Ass. Bell, Jarrow, Durham, alkali manufacturer. - George Rich, Nicholson ; Sol. Hughes & Co., 17, Bucklersbury.--Pet. f. Leigh, Lancashire, builder.-- Anthony Atcheson, Cheetham, July 30.

near Manchester, wine merchant.-Wm. Stagg, Manchester, EDWARD DAVIS, Bromley and Tottenham, dealer and chemist.-S. Barnes, Oldham, Lancashire, machine maker.-

chapman, Aug. 8 at 11, and Sept. 25 at half-past 12, Lon. Charles Pennington, Manchester, builder. don : Off. Ass. Pennell; Sols. Gregson & Son, 8, Angel.

FIAT ANNULLED. court, Throgmorton-street, City.--Pet. f. July 31. WILLIAM FARMER, Birmingham, dealer and chapman,

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Justice of her Majesty's Court of Common Pleas at LEWIS HENRY MEAKIN and JOHN FARRALL, Shel. Westminster, has appointed the following Gentlemen

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SIR EDWARD SUGDEN'S TREATISE ON POWERS. man, Aug. 7 at 11, and Sept. 6 at 1, Exeter : Off. Ass.

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Recently published, in 12mo., price 28. sewed, and an introductory the Tourisdictionexercised over themelet PRACTICAL DIRECTIONS for the FORMATION of containing Precedents of Schemes, &c. By W. F. FINLASON, Esq., Boards, in the Neighbourhood of the Metropolis, under the Statute Bartister at Law. In 12mo., price 6s. cloth,

17 & 18 Vict. c. 111; with the necessary Forms, and an Abstract of all Stevens & Norton, 26, Bell-yard, Lincoln's-inn.


rister at Law; Author of “The Parish: its Obligations and Powers," &c. In royal 8vo., price 6s. boards,

H. Sweet, 3, Chancery-lane, Fleet-street.

THE LAW OF ELECTIONS. and PARTIES to ACTIONS; with Practical Notes, elucidating

Recently published,
in 1 vol. royal 12mo., price

108. 6d. cloth bds., the Principles of Pleading, (as exemplised in Cases of most frequent occurrence in Practice), by a reference to the earliest Authorities: and A PRACTICAL TREATISE on the LAW of ELECTIONS designed to assist both the Practitioner and Student. By W. FINLA

of the United Kingdom, and “The CORRUPT PRACTICES SOŇ, Esq., of the Middle Temple, Special Pleader.

PREVENTION ACT, 1854,” with an Appendix of Statutes. By
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

JOHN CLERK, Esq., of the Inner Temple, Barrister at Law.

Also, by the same Author, price 12s. cloth,
Recently published, in 12mo., price 148. cloth,

The LAW and PRACTICE of ELECTION COMTHE COMMON. LAW PROCEDURE ACTS of 1852 MITTEES. containing all the recent Decisions of Election Committees;

and 1854; with Notes, containing all the Cases either already with an Appendix of Petitions and Statutes. expressly decided on or tending to elucidate them. With an Appendix,

H. Sweet, 3, Chancery-lane, Fleet-street. containing the Common-law Procedure Act of Will. 4, the recent Acts

Recently published, in 1 vol. 12mo., price 148. cloth, on Evidence, the New Rules to Michaelmas Vacation: 1854, and an THE PARISH : its Obligations and Powers: its Officers “ This is, in our judgment, a most excellent and

carefully written this Institution in all Secular Affairs. By TOULMIN SMITH, of book. The equity powers given to the Common-law Courts are ad; Lincoln's-inn, Esq., Barrister at Law. mirably done. The views taken by Mr. Finlason of the practical bearing and operation of these acts are remarkably shrewd and sug

“ Parishes were instituted for the ease and benefit of the people."gestive. Such men, and their editions of statutes, tend very greatly to

Chief Justice Holl. improve the laws they expound, and powerfully assist the objects of the

" Cum haud pauca quæ omnino fieri necesse sit, alii autem ob insaLegislature."-Law Magazine, Feb. 1855.

tam superbiam subterfugiant, ipse sustineam et exsequar."-Bacon, De We have now before us the work of Mr. Finlason, whose previous Augmentis Scientiarum, lib. 7, cap. 1. labours in expounding other statutes entitle him to the favourable

H. Sweet, 3, Chancery-lane, Fleet-street. consideration of the Profession. The notes to the various new enactments are very full and valuable,”—Legal Observer, Jan. 6, 1855.

THE COMMON-LAW PROCEDURE ACT, WITH THE NEW “This work is well done."-Law Times, Jan. 6, 1855.

RULES, &c. 1854.
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

Just ready, in 1 vol. 12mo., price 10s. cloth boards,


(17 & 18 Vict. c. 125); with Treatises on Injunction and Relief, PRACTICE.

By HENRY THURSTAN HOLLAND and YHOMAS CHANDLESS. In 12mo., price 8s. cloth,

Jun., of the Inner Temple, Esqrs., Barristers at Law. Also, a Treatise on A N EPITOME of the NEW CHANCERY PRACTICE, Inspection and Discovery, under the above Act and the 14 & 15 Vict.

containing the Acts 15 & 16 Vict. cc. 80, 86, and 87, and all c. 99. By CHARLES EDWARD POLLOCK, of the Inner Temple, the General Orders hitherto made in pursuance thereof : so arranged Esq., Barrister at Law. Together with Notes, Cases, Index, and the as to give a connected reading to the Acts and Orders. With an Ap- New Rules and Forms of Michaelmas Vacation, 1854. pendix containing the Acts and Orders. By THOMAS W. BRAITH

H. Sweet, 3, Chancery-lane, Fleet-street.
WAITE, of the Record and Writ Clerks' Office.
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

Just published, a New Edition, being the Fourth, of


CIPLES of the LAW of REAL PROPERTY; intended as a A PRACTICAL TREATISE of the LAW of EVI. First Book for the use of Students in Conveyancing. By JOSHUA

DENCE. By THOMAS STARKIE, Esq. Fourth Edition, WILLIAMS, Esq., of Lincoln's-inn, Barrister at Law. In i vol. 870., with very considerable alterations and additions; incorporating the price 188. cloth boards. Statutes and reported Cases to the time of publication. By G. M.

H. Sweet, 3, Chancery-lane, Fleet-street.
DOWDESWELL and J. G. MALCOLM, Esqrs., Barristers at Law.
Just published, in 1 vol. royal 8v6., price 11. 16s. cloth.

Recently published, much enlarged, price 258., "Portunately for the Profession the new edition has been intrusted THE NEW CHANCERY PRACTICE; containing all the plished lawyer, (doctrinâ malidus), but as a judicious editor, knowing the Practice at Judges' Chambers, and with Forms of Decrees, Orders, how to withhold as well as how to apply his hand. Amid the present Pleadings, Affidavits, Costs, &c.; being intended as a Supplement to the plague of reports mere industry is not sufficient to qualify even a second- Books of Practice already published. By P. S. WILLIAMS, Esq., of rate editor. .... It is evident that the editors have not been blinded the Chancery Bar. by their respect for the author, but have altered, corrected, and amended

H. Sweet, 3, Chancery-lane, Fleet-street. 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 opi

CHITTY'S (JUN.) LAW OF CONTRACTS NOT UNDER SEAL. nion it has been prsted, not only with safety, but with manifest advan

In 1 vol. royal 8vo., price 11. 11s. 6d. cloth, tage to the book, so that the fourth edition of Starkie is to the existing A


TRACTS NOT UNDER SEAL, and upon the usual Defences ! had some means of identifying Mr. Malcolm's portions of the work. Actions thereon. By JOSEPH CHITTY, Jun., Esq. The Fifth EdiAs it is, being hitherto unknown in authorship, he must be content with tion. By JOHN Á. RUSSELL, LL.B., of Gray's-inn, Barrister at the praise of having borne a part where all was good.”—Jurist.

Law, and Professor of English Law in University College, London. “It is also the only work of which a new edition has been brought

H. Sweet, 3, Chancery-lane, Fleet-street. out at such a time as to render it possible that it should apply to practice, with any degree of consideration and accuracy, the modern changes Printed by HENRY HANSARD, at his Printing Office, in Parker in the law. We think the editors will have gone far towards re- Street, in the Parish of St. Giles-in-the-Fields, in the County of Midstoring the admirable work of Mr. Starkie to its original character of dlesex; and Published at No. 3, CHANCERY LANE, in the Parish of the best work on the law of evidence which has yet been produced.” – St. Dunstan in the

West, in the City of London, by HENRY SWEET, Legal Observer.

residing at No. 34, Porchester Terrace, Bayswater, in the County of Stevens & Norton, 26, Bell-yard, Lincoln's-ina.

Middlesex.-Saturday, Avgust 4, 1855.

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