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so much of the estate as has not already been applied
Review. in the character of assets will be applied by virtue of the charges. The clause under consideration clearly | The Case of Luigi Buranelli Medico-legally considered. does not subject the widow's dower to debts as assets; By FORBES WINSLOW, M.D., D.C. L., late President and the stat. 3 & 4 Will. 4, c. 104, which expressly of the Medical Society of London. 8vo., pp. 69*. gives to simple contract creditors a remedy against the
[Churchill.] heir or devisee, without mentioning the widow, does
When Brummell's valet was met carrying away a not seem to subject dower to the payment of the hus- huge pile of clean but crumpled cravats, he explained, band's debts. If it should be held that dower is made
“ These are our failures." The poor Beau did not assets by the enactments referred to, or either of them, when he had missed them. If the State would take
choose his aims wisely, but he had the sense to know it would then become a question in what order of prio- a lesson from him, and candidly label, not only the rity it stands. Now, it is clear that under the old law cravats which its last functionary adjusts, but the a debt by judgment or on mortgage for years, incurred whole of its criminal and civil process in action, as before marriage, (and therefore binding the widow), livered from the importunities of the class of “ psychowould be thrown on the bequeathed personalty in livered from the importunities of the class of “ psychoexoneration of the widow's dower; and there seems to be tached himself. If they who would shield a criminal nothing in the new law to place the dowress in a worse from punishment on the ground of irresistible imposition. If this be so, as legatees are entitled to exone- pulse" could acquire the habit of regarding as a ration out of the descended realty, and, according to failure of the law every case in which it is called into Tombs v. Roch, (2 Coll. 490), to contribution out of action with a view to punish a criminal or to redress a the devised realty, it follows that the dowress is at wrong, they might see that no crime is ever committed
or wrong done otherwise than under irresistible imleast entitled to lave priority over the heir. But the pulse, and that if the crime of an intelligent lunatic better conclusion seems to be, that where a widow is ought to go unpunished, the infliction of punishment entitled to dower out of lands which are charged as a cannot be justified in any case. The only kind of security for her husband's debt, she is entitled to have mental incapacity or insanity that our law admits to an unincumbered life interest in one-third of such lands, crime is incapacity to understand that the act is for
be an excuse for an act which would otherwise be a if the real and personal assets, after deducting the value bidden by law. Thus, on the trial of Bellingham for of the dower, are sufficient for payment of the debts. the murder of Mr. Percival, Lord Mansfield said, " The This right of marshalling the charge would clearly be single question is, whether at the time this act was available against devisees under a will made before committed he possessed a sufficient degree of under1834, and not subsequently republished. Whether it standing to distinguish good from evil, right from would also be available against devisees of other land against the laws of God, but against the law of his
wrong, and whether murder was a crime not only than that charged with dower under a will made after country.” This principle of the common law has been 1833 is more doubtful. The 4th section of the Dower perfectly settled and understood from a very remote Act merely deprives the widow of dower out of land period, but it involves a distinction which, though just absolutely devised away, but does not seem to affect and of immense importance, would probably escape the liability as assets of other lands absolutely devised; it will be found that the framers of the French penal
the perception of a mere law-maker; and accordingly and even the 5th section, which declares that all partial code have not taken it, for their statement of the ex. estates and interests and charges created by the hus- cuse from insanity is thus expressed—“Il n'y a ni band's will shall be valid and effectual as against the crime ni délit lorsque le prévenu était en état de déright of his widow to dower, seems merely to refer to mence au temps de l'action.” (Art. 64). Now, this dower out of the very land which is the subject of such article is at once vague and inaccurate, and it has maestate, interest, or charge. Either this interpretation incident to adjudication on the plea of insanity.
terially added in France to the difficulties which are must be adopted, or the enactment must be read so as When in 1843 Dr. Winslow published his “ Plea of to deprive the widow of her right of marshalling mort- Insanity in Criminal Cases,” we founded on the followgage debts, &c. on the personal estate, even as against ing passage some hope that he would ultimately armere pecuniary legatees.
rive at just conclusions on this important subject, and Another question of great difficulty is, whether in give to the stern and salutary but unpopular rule of
law the sanction it would gain by the secession from the case of a mortgage of the lands subject to dower, the ranks of the psychological humanitarians of so and a deficiency of assets, the general creditors have a respectable and able a champion. Dr. Winslow then right of marshalling the mortgage debt on the mort- said, “I am not prepared to give an unqualified assent gaged estate to the prejudice of the widow's dower. to the dogma, that in every case of mental derangeAs the widow is not a volunteer, it should seem that ment, without any reference to its degree or character,
ought the person to be screened from the penalty they have no such right.
awarded by the laws for criminal offences. I am
ready to admit that if insanity be clearly established to Our readers will have observed two editorial articles exist, a primâ facie case is made out in favour of the in The Jurist, taking, within a short period, contrary prisoner; but that because a person may be proved to views of the case of Watts v. Porter. It is right, and be strange and wayward in his character, to fancy him
self a beggar when he may have the wealth of Crosus, our practice, to allow both sides of a question to be
or to be ill when he is in the buoyancy of health-to represented in our columns, and it was only tlırough believe that such a person ought of necessity to be inadvertence that the writer of the second article (who exonerated from all responsibility is a doctrine as unis one of “us”) omitted to take the shape of “a cor- philosophical and untenable as it is opposed to the respondent." Accidents will happen in a large family of editors.
* Reprinted from the Journal of Psychological Medicine,
safety and well-being of society." We regret to find but was gratuitously assumed, or at the best inferred, that, after twelve years' consideration, Dr. Winslow from the existence of morbid delusion. No ground for has not only become reconciled to this “unphiloso- such inference-no connexion shewn between insane dephical and untenable doctrine," but has brought him- lusion and insane impulse. And yet we are told that self to speak of those who rejected it in such terms as to refuse to recognise, adopt, and act upon this assumpthese :
tion or inference is to trample upon British medical “ The trial and execution of Buranelli establishes psychology!” We need not consider whether that that we had somewhat miscalculated the amount of form of ungovernable impulse which is called homi* enlightened progress made of late in judicial psycho- cidal monomania is sufficient to excuse the patient who ‘logy ; for we not only find a judge distinguished for his yields to it from punishment, because that was not ' learning, natural sagacity, and eminent acquirements, even pretended to exist in Buranelli. We have simply • disposed to repudiate the plea of insanity when based the case of a man believing, whether morbidly or not
upon what able, experienced, and reflecting men con- is immaterial, that he was injured, and with his eyes ceive to be conclusive evidence, but we also see open, and fully understanding the nature and conse. medical jurists of character and position stepping quences of the act, yielding to the impulses suggested boldly forward to support by the weight of their by that belief. This is the case of every criininal who “testimony and the authority of their names one of suffers. No man was ever hanged (otherwise than by the most monstrously iniquitous verdicts of modern mistake) for any other cause than that he had obeyed times ! . The execution of Buranelli will, we an ungovernable impulse. In further explanation of 'fear, be a foul stain and a damned spot' upon the this, if it needs explanation, we shall repeat some re'humanity and intelligence of the nineteenth century.” marks which we made in 1848*, in opposition to Mr.
Strong language-so strong that many who read it Ludlow's censure of the Criminal-law Commissioners' will fancy that they must have overlooked the blackest proposal to retain the common-law test of criminal points in the case in question. · We are constrained to responsibility-capacity to understand that the act is say, that the blackest point in the case, in the eyes of forbidden by the law. Dr. Winslow, appears to have been, that, as he says, it The author of the very able “ Letters on the Cri. has done “ an incalculable amount of injury to the ad- minal Code” said, (p. 4), “It is well stated by the vancement of medico-legal testimony in cases of alleged first Criminal-law Commissioners, in their seventh lunacy,” and has damped the hopes which in 1843 he report, (p. 17), that the object of the penal law is the expressed of the speedy advent of the time when there prevention of injury through fear of suffering. The would be instituted, for the investigation of cases in determination of those cases in which the fear of sufwhich it is important to establish the existence or non- fering sought to be produced does or does not operate existence of aberration of mind, a separate jurisdiction, constitutes, therefore, the very keystone of the penal presided over by persons whose attention has been law." specially directed to the study of mental aberration.” It If the efficacy of the penal law is the only thing to is unnecessary to disclaim the intention of imputing to be considered in criticising it, the criterion suggested in Dr. Winslow the slightest tincture of those motives the above extract is not to be deduced from the defini. which may be supposed to actuate the herd of pro- tion there cited. For aught that appears, the fear of fessional witnesses who strive, too often with success, to suffering may be more effectually called into action make themselves prominent in cases of this kind; but for the prevention of crime, by inflicting punishment we regard him as a kind of Hildebrand, misled by zeal in certain cases where the fear could not have existed, for his faith and ambition for his order.
than by confining the application of the law to those This pamphlet is not what it professes to be a full cases in which it may be supposed to have been prenarrative of Buranelli's case. It does not represent the sent. Indeed, a penal code which would bear the procomplete and fair effect of all the evidence; and it omits posed test must be so framed as to be incapable of adthe observations made on the case by Mr. Justice Erle, ministrative execution-its prisons and scaffolds would remarkable equally for sense, temper, and courage. But be mere phantasmagoria ; for the fear of suffering even the imperfect report before us shews that the exe- mentioned in the commissioners' definition must of cution of Buranelli was necessary. The entire case in course be understood to be a fear sufficient for the purfavour of the prisoner was this that some time before posea motive stronger than the desire to which it is the murder he had a morbid delusion as to the result placed in opposition—a fear, therefore, which cannot of an operation for fistula which had been performed exist when the crime is committed. The fear men. on him, fancying that the surgeon had destroyed his tioned in the definition is a fear which deters from health, that he was suffering in an aggravated form re- crime; the fear contemplated by the author of the letsults which were wholly imaginary, and that up to the ters is a fear which, if it exists in the criminal, is time of the murder he was gloomy and desponding, and vanquished by other motives, and the existence of possessed by the notion, apparently unfounded, that which, therefore, is perfectly immaterial to the object he had been injured by his victim. But so far from it of the penal law, which is solely to induce effecbeing shewn that he was under any delusion as to the tive fear. To propose to punish only in cases where nature of the crime which he committed, it appeared effective fear can be supposed to have existed is to by his own letters, written in contemplation of the act, propose that punishment should never be inflicted that he fully understood he was about to do that which scheme seriously insisted on by the phrenologists, or would render him infamous—which was forbidden by at least a considerable section of them, who would the laws of God and man. “But he was insane,” says make the operations of justice exclusively curative, Dr. Winslow; and this is all that he says to the point. converting the penal code into a collection of moral We admit it. He had an insane delusion. Grant prescriptions; though it is to be observed, that they lay (which was not shewn even to be probable) that the so much stress on the distastefulness of reformatory delusion included his motives to the act-grant that all discipline as to induce a suspicion that in practice they was true which he madly believed to be so-what would be apt to put the change on their patients, and, character would the act then assume? Murder to re- like some heads of schools and of families, make a venge an injury. The delusion, then, will not help us punishment of physic. to excuse him. We are asked further to believe that Punishment, then, is threatened for the purpose of he acted under an insane and ungovernable impulse. This was not proved, nor even suggested or rendered * Review of “ Letters on the Criminal Code. By a Bar. probable by the inost favourable medical testimony, I rister of Lincoln's-inn." (11 Jur., part 2, p. 342).
influencing those who can be influenced by the threat; striking instances to the contrary, on which too much it is inflicted in order to seal the threat -to give stress has been laid) the ordinary moral restraints sanction to it by shewing that it is made in earnest ; it seldom exist in any force, and therefore it is doubly is not inflicted with any view to the criminal, unless important that the only other check, the fear of (as in the case of Charles I) he is imprisoned or put to punishment, should not be removed. The murderer death for the protection of society from his future acts; of Mr. Drummond may be said to have suffered under and in that aspect it is precaution, and not punish- an insane impulse as well as a delusion, though the ment. The penal code addresses itself to the future medical witnesses deposed only to the existence of the innocents of society, not to its offenders in embryo; it latter. He escaped, from the defective administration does not address itself to the latter, for it would be of the law, which clearly required his punishment for useless to do so; and when it deals with them, it is what he insanely believed would not, if true, have jusonly as a means to an end with which they are not tified his act. Our own opinion is, that there is no concerned. In discussing, therefore, the immediate specific distinction between sanity and insanity, any policy of a penal code, we have not to consider the rela- more than between a good watch and a bad one; but tion between the punishment and the criminal, but be that as it may, it is certain that the adoption of solely the effect which punishing him will have upon Dr. Winslow's rule would be followed by the most others; as Coke says more accurately in English than deplorable consequences. Of this we have had some in Latin, " The principal end of punishment is, that experience since the plea of insanity grew into fashion others by his example may fear to offend; ut pæna and favour with juries; and society is deeply indebted ad paucos, metus ad omnes perveniat;" 'where for to the judge, the jury, and the Home Office for the “omnes" we should read “cæteros.” The moral or re- wisdom and firmness with which they acted in Buraligious propriety of the punishment is a totally different nelli's case. We remember to have seen depicted in question.
the Charivari an interview between a pickpocket and With those who would prohibit all punishment we
his advocate. “Have you no defence ?” “None whatdecline to argue. Of those who would not punish cri- ever; there are several witnesses, and I have already minals acting under an insane delusion or an insane im- been' ten times convicted of picking pockets.” pulse we would ask, first, what is the difference between then make yourself easy--I shall plead monomania.” à morbid belief of circumstances which if true would And this would have been a sound plea on Dr. Winsnot excuse the crime, and the reality of such circum- low's principles. We punish the one unhappy indivistances; and, secondly, why should any greater favour dual who is afflicted with the uncontrollable impulse, be shewn to an insane impulse than to any other? Is in order to assist multitudes in restraining a similar that conclusion assumed because it is thought too ob- impulse of less intensity. For one case in which an vious to require
proof? We think that the contrary hallucination becomes too strong for any restraint there is much more obvious, though the investigation of the are a hundred where it can be kept in check by the fear limits of responsibility is, when pursued into details, of punishment, and by that only. Many lunatics have one of the most obscure and difficult in social ethics been prevented from inflicting desperate injuries on Every impulse which prevails is an irresistible impulse themselves by the fear of punishment, and by that in the same sense in which an insane impulse is so, and only. On the other hand, the boast, " They can't its consequences could, by any one who knew the cha- punish us, we are mad," has been heard more than racter of the patient, be equally foreseen. The form once within the walls of a lunatic asylum. of the question proposed to be put to a jury on the
We trust that we have said enough to shew that the plea of insanity ("Was the prisoner 80 mad that he rationale of punishment allows of no exception in facould not help doing it?") may just as reasonably vour of offences caused by instinctive or moral insanity. be adapted to the case of a noted thief as to that of a Whether the punishment of offenders from such causes monomaniac-"Was the prisoner such a thief that he can be defended on moral grounds is a very different could not help doing it?". A man, sane in the com- question. To punish a man for an offence which is mon acceptation of the word, receives a strong provo- the consequence of a diseased organisation, and which, cation, and feels an almost unconquerable desire to kill
as has been said, a timely dose of jalap might have the offender. It is for a long time doubtful whether he prevented, does not harmonise with common
notions ; will yield to the impulse; at length Minerva takes him the sentiment of abhorrence, and the desire of venaside; moral or prudential considerations prevail. If geance, which usually reconcile us to the suffering of the criminal impulse had conquered, if it had been the offender, cannot exist here. Yet if we compare irresistible, (i. e. irresistible by the forces at command), insanity with the more usual causes of crime we shall all agree that he would have been punishable. How is not easily find a distinction to the purpose. On the this case distinguishable from that, for instance,
of the one hand, a Pinel may shew the origin of the disease, monomaniac Catherine Olhaven, who conquered her point out its future course, demonstrate that no palinsane homicidal impulse? The impulse was the same liatives, no threats, no persuasions can arrest its course -equally involuntary in its origin-equally liable to or prevent its operation that the patient is blameless opposition, and actually opposed with success, by the of the cause, and therefore irresponsible for the consesame motives; yet if Olhaven had yielded, the psycho- quences; but, on the other hand, a Shaftesbury can point logical humanitarians would have spared her, as the out in our large towns whole districts over which a moral subject of an irresistible impulse.
miasma perpetually hovers—where of every hundred Now, still bearing in mind that we are considering children, ninety-nine, already in the gristle, must harden only the efficacy of the law, what would have hap into the bone of felonhood-must acquire such depraved pened if the sane part of Olhaven's character had been habits and instincts, not to say also convictions and different-if she had been cruel, without affection, delusions, as will irresistibly force them during their without conscience-interested, but having no con- lives to wage incessant war with the laws. True, the siderable interest at stake-and if she had lived under causes of the depraved instincts are educational or moral laws allowing full impunity to " instinctive" crimes? --not organic or physical ; but the effect is inevitable, Is it not plain that the one restraint necessary and and the sufferer is as innocent of the perversion of his sufficient for the protection of her charge would have will as the lunatic is of his ailment, and is to our symbeen withdrawn by that society which was bound to pathies as much an object of compassion. protect it? It is the peculiarity of these cases of moral It may be replied that we are not justified in ininsanity, especially when accompanied, as commonly sisting on the punishment actually inflicted in ordihappens, with delusion, that (notwithstanding some nary cases, because the necessity for actual punishment
is not contemplated by the theory of the criminal shall not be obliged to confer or grant any studentship law, but is merely a defect to which the law, like or certificate unless they shall be of opinion that the other human institutions, is liable in practice; in other examination of the students they select has been such words, that if the detection and punishment of offences as entitles them thereto." were certain, there would be no offenders—at least, no “At every call to the Bar those students who have sane ones; but if offences prompted by insane and un passed a public examination, and either obtained a governable impulses were punished, such punishment studentship or a certificate of honour, shall take rank would be a consequence of the theory, and not a mere in seniority over all other students who shall be called accidental defect in the working of the law. This is a on the same day.” plausible, and to some extent a sound, distinction, but “ No student shall be eligible to be called to the Bar it is not sufficient for the purpose. The actual inflic- who shall not either have attended during one whole tion of punishment must be contemplated by a com- year the lectures of two of the Readers, or have satisplete theory of penal law, because no theory con- factorily passed a public examination.” structed with a view to practice is complete unless it takes account of the imperfections incident to practice. Rules for the Public Examination of CANDIDATES Our argument, therefore, founded on the admitted pro
For Honours, or CERTIFICATES ENTITLING STUDENTS priety of punishment in some cases, remains untouched.
TO BE CALLED TO THE BAR. But further: it is not true, that even independently of An examination will be lield in next Michaelmas considerations of imperfect administration, any theory Term, to which a student of any of the Inns of Court, of law can contemplate the non-necessity of punish- who is desirous of becoming a candidate for a studentment under any circumstances. It may be true, that ship or honours, or of obtaining a certificate of fitness if the detection and punishment of every offender could for being called to the Bar, will be admissible. be made to follow immediately and infallibly on the Each student proposing to submit himself for exacommission of the offence, there would be an end of mination will be required to enter his name at the a large, perhaps the largest, class of offences--those treasurer's office of the Inn of Court to which he becommitted in the hope of impunity. But even under longs on or before Tuesday, the 23rd day of October such a utopian system ample employment for the next; and he will further be required to state in writing Jictor would be furnished by those who offend in whether his object in offering himself for examination defiance of the law, under the influence of various un- is to compete for a studentship or other honourable governed passions not yet exclusively appropriated to distinction, or whether he is merely desirous of obtainthe insane. Such, at least, must be the case until a ing a certificate preliminary to a call to the Bar. Perillus is found to invent, and a Draco to enact, some The examination will commence on Tuesday, the universal torture, more abhorrent to the instinct of 30th day of October next, and will be continued on every possible individual than the gratification of any the Wednesday and Thursday following. protect society provisionally. If it is justifiable, for of Lincoln's-inn; and the doors will be closed ten the benefit of society, to punish offenders who would minutes after the tiine appointed for the commencenot exist but for the imperfection of its institutions, ment of the examination. the same end justifies the punishment of offenders who The examination by printed questions will be conwould not be such but for the defect of their own orga- ducted in the following order:nisation. The punishment of the insane is proper if it Tuesday morning, the 30th October, at half-past prevents more suffering than it inflicts.
nine, on Constitutional Law and Legal History; If Dr. Winslow would understand that in the fore- in the afternoon, at half-past one, on Equity, going remarks we have been merely insisting on and Wednesday morning, the 31st October, at half-past giving the reasons for a rule of law which, though old, nine, on Common Law; in the afternoon, at halfis not obsolete, and has been always approved of by the past one, on the Law of Real Property, &c. Bench and by every lawyer of eminence, he would, Thursday morning, the 1st November, at half-past perhaps, think it worth while to suspend the use of nine, on Jurisprudence and the Civil Law; in the mere declamation and strong language until he had afternoon, at half-past one, a paper will be given discovered and exposed the fallacies which, if he is right, to the students including questions bearing upon have misled so many acute and practical minds during all the foregoing subjects of examination. so many ages. In the meantime he is not taking the The oral examination will be conducted in the same course to recommend his plan of a medico-legal tri- order, during the same hours, and on the same subjects, bunal.
G. S. as those already marked out for the examination by
printed questions, except that on Thursday afternoon PUBLIC EXAMINATION.-Micu. TERM, 1855.
there will be no oral examination.
The oral examination of each student will be con
ducted apart from the other students; and the character Tue Council of Legal Education have approved of of that examination will vary, according as the student the following rules for the public examination of the is a candidate for honours or a studentship, or desires students.
simply to obtain a certificate. The attention of the students is requested to the fol- The oral examination and printed questions will be lowing rules of the Inns of Court:
founded on the books below mentioned, regard being “As an inducement to students to propose themselves had, however, to the particular object with a view to for examination, studentships shall be founded of fifty which the student presents himself for examination. guineas per annum each, to continue for a period of In determining the question, whether a student has three years, and one such studentship shall be conferred passed the examination in such a manner as to entitle on the most distinguished student at each public exa- him to be called to the Bar, the examiners will prinmination; and further, the examiners shall select and cipally have regard to the general knowledge of law certify the names of three other students who shall and jurisprudence which he has displayed. have passed the next best examinations, and the Inns of A student may present himself at any number of Court to which such students belong may, if desired, examinations, until he shall have obtained a certificate. dispense with any terms, not exceeding two, that may Any student who shall obtain a certificate may preremain to be kept by such students previously to their sent himself a second time for examination as a candibeing called to the Bar. Provided that the examiners' date for the studentship, but only at one of the three
examinations immediately succeeding that at which he Candidates for a pass certificate will be examined inshall have obtained such certificate; provided, that if 1. The third and fourth books of the Institutes of any student so presenting himself shall not succeed in Justinian, with the Notes contained in Sandars's ediobtaining the studentship, his name shall not appear in tion. the list.
2. The first and second Lectures of Kent on InterStudents who have kept more than eleven terms national Law. shall not be admitted to an examination for the studentship.
The READER on Common Law proposes to examine
in the following subjects:The Reader on ConstitUTIONAL Law and Legal His- Candidates for a certificate will be examined inTORY will expect the candidates for honoursin the ensuing 1. The Elements of the Law of Contracts, (which examination to have mastered the first, second, fifth, may be read from Smith's Lectures on Contracts, 2nd sixth, seventh, and thirteenth chapters of Mr. Hallam's ed., or from any recent treatise on the subject). Constitutional History; the chapter in Foster's Crown 2. Criminal Law, as treated in Mr. Warren's AbridgLaw relating to Treason ; the chapter in Mr. Stephen's ment of Blackstone's Commentaries, pp: 573—656. edition of Blackstone on the same subject, and the 3. Candidates for a certificate will also be expected chapters in the same work relating to the Houses of to answer any question having reference to the ordinary Parliament and the Law concerning the Press; the proceedings in an action at law. chapters in Rapin on the Reigns of James I and Candidates for the studentship or honours will be Charles I; May's History and the first volume of Cla- examined in the first and third of the foregoing subrendon's History of the Rebellion. He will expectjects, and also in-them to be acquainted with the State Trials during the 4. The under-mentioned cases from Coke's Reports:-reigns of the Stuarts, of William III, and Queen Anne. Semayne's case, (5 Rep. 91 a.)
He will expect the candidates for a pass to answer Calye's case, (8 Rep. 32 a.), in connexion with any general question bearing on English IIistory, which should be read Dansey v. Richardson, (3 and to be well acquainted with the first, eighth, and EI. & Bl. 144). thirteenth chapters in Hallam's Constitutional History, Beverley's case, (4 Rep. 123 b.), (so far as it bears and with the chapters in Rapin containing the History
upon the capacity of one non compos mentis to of Charles II, and with the Trials of College, Lord contract), in connexion with which should be Russell, and Algernon Sydney.
read Molton v. Camroux (2 Exch. 487; S. C., The READER on EQUITY proposes to examine in the
4 Exch. 17) and Bearan v. M'Donnell, (9 Exch. following books and subjects:
309; 10 Exch. 184). 1. Smith's Manual of Equity Jurisprudence. Mit
Pigot's case, (11 Rep. 26 b.), in connexion with
which should be read Davidson v. Cooper, (11 ford on the Pleadings in the Court of Chancery Introduction; c. 1, ss. 1, 2; c. 2, s. 2, part 1, (the first
M. & W.778; S. C., 13 M. & W. 343); Master three pages); c. 2, s. 2, part 2, (the first two pages);
v. Miller, (4 T. R. 320; S. C., 2 H. Bl. 140); c.2, s. 2, part 3; c. 3. The Act for the Improvement
Burchfield v. Moore, (3 El. & Bl. 683); and of the Jurisdiction of Equity, 15 & 16 Vict. c. 86.
Warrington v. Early, (2 El. & Bl. 763). 2. The Cases and Notes contained in the first volume
5. The fifth, sixth, and seventh of Mr. Smith's Lecof White & Tudor's Leading
Cases, particularly those tures on the Law of Landlord and Tenant, (points relating to the subjects of Election and Conversion ; relating to continuance of tenancy), with the notes
thereto. the remainder of c. 2, s. 2, part 2, in Mitford's Pleadings in the Court of Chancery.
By order of the Council, Candidates for certificates of fitness to be called to the
RICHARD BETHELL, Chairman. Bar will be expected to be well acquainted with the Council Chamber, Lincoln's Inn, Aug. 3, 1855. books mentioned in the first of the above classes.
Candidates for the studentship or honours will be examined in the books mentioned in the two classes.
PROSPECTUS OF THE LECTURES The Reader on the Law of Real PROPERTY proposes to be delivered during the ensuing Michaelmas Educato examine in the following books and subjects:
tional Term by the several Readers appointed by the 1. Williams-Real Property; Stephen-Commen
Inns of Court. taries, vol. 1; Sugden-Powers, vol. 1.
2. The Power of Alienation possessed by Tenants in Tail and Married Women.
CONSTITUTIONAL LAW AND LEGAL HISTORY. 3. The extent of the Testamentary Power, and the
The Public Lectures to be delivered by the Reader alterations effected by the 1 Vict. c. 26.
on Constitutional Law and Legal History will comprise 4. The Protection afforded to Purchasers by means the following subjects: of Attendant Terms; and the operation of the 8 & 9
Rules for the Interpretation of Law-Progress of the Vict. c. 112.
5. The Law of Judgments as it affects Real Pro- Constitution during the Reign of Elizabeth-Acts of perty; Prideaux on Judgments, 4th ed.; 18 Vict. c. 15. Party at the Accession of James I–Privileges of the
Supremacy and Uniformity-Influence of the Puritan Candidates for honours will be examined in all the House of Commons at the Close of his ReignConduct foregoing books and subjects. Candidates for a certifi- of the Judges during the Reigns of the Stuarts--Incate will be examined in those mentioned in parts 1, 2, Auence of the Church of England during that Timeand 3.
Courts of Star Chamber and High Commission-AtThe READER on JURISPRUDENCE and the Civil Law tempts to make the Church independent of State Conproposes to examine candidates for honours in the fol- trol-Conduct of the House of Commons from the lowing books and subjects:
Accession of James I to the Civil War—Changes in 1. The Elements of the Roman Law of Contract and the Tenure of Property-Changes in the Value of ProDelict. Warnkönig, Institutiones Juris Romani Pri-perty, as indicated by the Laws against Fraud and the vati, lib. 3.
Bankrupt Laws_Changes in the Condition of the La2. The fourth book of the Commentaries of Gaius. bouring Class-Impeachments of Bacon, Middlesex,
3. The first, second, third, and fourth Lectures of and Danby-Character and Progress of English JurisKent on International Law.