Before VICE-CHAncellor Knight Bruce, at Lincoln's Inn. JAMES YOUNG, Bury St. Edmunds, Suffolk, tobacconist Saturday.... Nov. 1 Bankrupt Petitions. Saturday Monday. Tuesday.. Wednesday .... Thursday Friday Saturday Monday. Tuesday. Wednesday Thursday Friday ... ... .... ....... At Westminster. Motions and Causes. 4 (Petition-day).-Petitions and Causes. 61 9} Pleas, Demurrers, Exceptions, Causes, and Further 8 Short Causes and Causes. 10 Pleas, Demurrers, Exceptions, Causes, 12 Bankrupt Petitions and Causes. 14 (Petition-day).-Petitions and Causes. 17 Pleas, Demurrers, Exceptions, Causes, 19 Bankrupt Petitions and Ditto. 21 (Petition-day).-Petitions and Causes. Monday........ 24- {Pleas; Demurrers, Exceptions, Causes, and tea dealer, dealer and chapman, Aug. 19 at half-past 12, and Sept. 18 at 12, Court of Bankruptcy, London: Off. Ass. Pennell; Sol. Taylor, Featherstone-buildings, Holborn. Fiat dated Aug. 4. EDWARD MALLAN, Brook-st., Bond-st., and of Oxford- GEORGE CHARLES CROFTS, Liverpool, corn merchant, MATTHEW MURPHY, Shrewsbury, Shropshire, haber- MEETINGS. Sam. F. Williams, Liverpool, hosier, Aug. 22 at 12, District Court of Bankruptcy, Liverpool, last ex.—William B. Sterry, Jamaica-row and Bermondsey-wall, Surrey, sail maker, Sept. 5 at half-past 1, Court of Bankruptcy, London, aud, ae. -Charles Grinstead and John Lanham, Horsham, Sussex, bankers, Sept. 5 at half-past 1, Court of Bankruptcy, London, aud. ac.-Edw. S. Smith and John Stanley, Liverpool, mer chants, Sept. 2 at 12, District Court of Bankruptcy, Liver pool, aud. ac.-Rob. Kirkman, Liverpool, merchant, Sept. 2 at 12, District Court of Bankruptcy, Liverpool, aud. ac. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on the Daniel Mackay, Liverpool, master mariner, Sept. 2 at 11, Pleas, Demurrers, Exceptions, Causes, Liverpool, wine merchant, Sept. 2 at 11, District Court of and Further Directions. Motions and Ditto. (Petition-day). Pleas, Demurrers, Directions. Short Causes, Petitions, (unopposed Pleas, Demurrers, Exceptions, Further -- 20 Motions and Ditto. 22 24 Pleas, Demurrers, Exceptions, Causes, and Further Directions. Tuesday.... 25 Motions and Ditto. London Gazettes. TUESDAY, AUGUST 12. Bankruptcy, Liverpool.-Robert Westmore, West Derby, To be allowed by the Court of Review in Bankruptcy, unless PARTNERSHIP Dissolved. Wm. Cornwallis Evans and Fred. W. P. Cleverton, Plymouth, Devonshire, and Saltash, Cornwall, solicitors. SCOTCH SEQUESTRATIONS. Wm. Mein, Glasgow, coach proprietor.—Wm. Bain, Lesliepark, near Denny, manager at an acid manufactory. INSOLVENT DEBTORS. Saturday, August 9. The following Assignees have been appointed. Further Par ticulars may be learned at the Office, in Portugal-st., Licoln's-inn-fields, on giving the Number of the Case. Margaret Parry, Haverhill, Suffolk, straw plait manufacturer, No. 66,846 C.; John Partridge Makeham, assignee.— John Rees, Gellygaled, Llamelly, Carmarthenshire, labourer, No. 66,761 C.; John Thomas, assignee.-Elizabeth Whist ance, Tredegar Iron Works, Monmouthshire, tin plate worker, No. 66,814 C.; Thomas Griffiths, assignee.-Ben. Whistance, Tredegar Iron Works, Monmouthshire, tin plate worker, No. 66,813 C.; Thos. Griffiths, assignee.-John Jackson, Amble BANKRUPTS. CHARLES ALLEN, Tadley, Southampton, maltster, beer retailer, and farmer, dealer and chapman, Aug. 22 at halfpast 12, and Sept. 26 at 11, Court of Bankruptcy, London: Off. Ass. Alsager; Sols. Johnson & Co., Temple, agents for Messrs. Cole & Co., Basingstoke.-Fiat dated Aug. 6. EDMUND KNYVETT, Buckingham-cottage, Great Stanmore, Middlesex, teacher of music, music seller, dealer and chapman, Aug. 19 at 2, and Sept. 25 at 1, Court of Bankruptcy, London: Off. Ass. Belcher; Sol. M'Duff, Castle-side, Westmoreland, labourer, No. 66,835 C.; Thos. Troughstreet, Holborn.-Fiat dated Aug. 7. JOHN WAKE, Silverstone, Northamptonshire, timber merchant, dealer and chapman, Aug. 19 at half-past 11, and Sept. 25 at 2, Court of Bankruptcy, London: Off. Ass. Pennell; Sol. Weller, 8, King's-road, Bedford-row, London.-Fiat dated Aug. 9. ton, assignee.-John Prince Howarth, Cheetham, Manchester, bookkeeper, No. 66,644 C.; Henry Thompson, assignee. Richard Lamprell, Hercules-buildings, Westminster-road, Surrey, carpenter, No. 57,627; Jonathan Hills, assignee.Wm. Crisp, Hockwold-with-Wilton, Norfolk, miller, No. 11,744 C.; Wm. Clarke, assignee.-Wm. Brickland, Bacon street, Bethnal-green, Middlesex, assistant to a coal dealer, Saturday, August 9. Orders have been made, vesting in the Provisional Assignee GEORGE frederick KERSCHNER, Castle Inn, Holloway, Middlesex, victualler, dealer and chapman, Aug. 22 at half-past 10, and Sept. 30 at 12, Court of Bankruptcy, London: Off. Ass. Edwards; Sol. Fisher, 35, Queensquare, Bloomsbury.-Fiat dated Aug. 7. JOHN MARSH, Brewood, Staffordshire, grocer, Aug. 23 and Sept. 20 at 11, District Court of Bankruptcy, Birmingham: Off. Ass. Bittleston; Sol. Robinson, Wolverhampton.-Fiat dated July 23. JOHN CADOGAN, jun., Brecon, Breconshire, hat, shoe, and stay warehouseman, dealer and chapman, Aug. 29 and Oct. 2 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Acraman; Sol. Adamson, 29, Ely-place, London.-Fiat dated Aug. 11. JACOB RICHARD OWEN, Manchester, stock and share broker, dealer and chapman, Aug. 25 and Sept. 5 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Hobson; Sols. Hitchcock & Co., Manchester; Gregory & Co., 1, Bedford-row, London.-Fiat dated Aug. 9. MEETINGS. Joseph Green, Birmingham, merchant, Sept. 25 at halfpast 10, District Court of Bankruptcy, Birmingham, pr. d.— Court of Bankruptcy, Liverpool, ch. ass.-James Macwilliam, Thomas Danson, Liverpool, merchant, Aug. 26 at 11, District Gloucester, hosier, Sept. 5 at 12, District Court of Bank Richard Frost Burton, Meadow-place, Kennington-oval, Kennington, Surrey, assistant to a grocer: in the Gaol of Surrey-Thos. B. Wick, Vauxhall-street, Surrey, clerk to an auctioneer: in the Debtors' Prison for London and Middlesex.-Robert Chapman, Harp-lane, Thames-street, London, cooper: in the Debtors' Prison for London and Middlesex.-ruptcy, Bristol, aud. ac.-William Coleman, Crediton, DeHeary Core, Tunbridge-street, Tunbridge-place, New-road, Middlesex, cattle jobber: in the Debtors Prison for London and Middlesex.-Charles Genney, York-place, Barnsbury park, Islington, Middlesex, bricklayer: in the Debtors' Prison for London and Middlesex.-Thomas Vincent, Syer'sterrace, Vauxhall, Surrey, out of business: in the Gaol of Surrey.-John Fox, Liverpool, assistant in a public-house: in the Gaol of Lancaster. Richard Green, Didbrook, near Winchcomb, Gloucestershire, blacksmith: in the Gaol of Gloucester-Alice Hall, Hill Top, Blakeley, near Manchester, widow, out of business: in the Gaol of Lancaster. vonshire, victualler, Sept. 11 at 1, District Court of Bank- Court-house, AYLESBURY, Buckinghamshire, Aug. 27 at 10. INSOLVENT DEBTORS' DIVIDENDS. A. H. Kerschner, New Church-court, Strand, Middlesex, licensed victualler: 78. 74d. in the pound.-William Iveson, Hedon, Yorkshire, farmer: 3s. 6d. in the pound.-Antoni Saldarini, Oundle, Northamptonshire, clock maker: 18. 74d. in the pound. Apply at the Provisional Assignee's Office, Portugal-street, Thomas Cowper Sherwin, R. N., Aug. 23 at 12, Court- affairs. FRIDAY, August 15. BANKRUPTS. JOSEPH LAZARUS, Mary-le-bone-lane, and Wigmore-st., CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on the Thomas Clarkson, jun., Charles-street, Middlesex-hospital, Middlesex, upholsterers' warehouseman, Sept. 5 at 1, Court of Bankruptcy, London.-Frederick L. Cole, Fenchurch-street, London, wine merchant, Sept. 6 at half-past 11, Court of Bankruptcy, London.-John Commins, Weymouth, Dorsetshire, bookseller, Sept. 5 at 1, District Court of Bankruptcy, Exeter.-Francis Ridd, Nether Stowey, near Bridgewater, Somersetshire, surgeon, Sept. at 1, District Court of Bankruptcy, Exeter.-William Nell, Ardwick and Manchester, common brewer, Sept. 8 at 12, District Court of Bank.. ruptcy, Manchester.-Charles Newell, Idle, Calverley, York- To be allowed by the Court of Review in Bankruptcy, unless Charles Williams, Sunderland, Durham, currier.-Edward Charles Anderson & Son, Elgin, shoe makers. the Estates and Effects of the following Persons :— John Auger, sen., Little Mount-street, Walworth, Sur Cavendish-square, Middlesex, dealer in new and second Orders have been made, vesting in the Provisional Assignee hand clothes, Aug. 22 at 2, and Sept. 26 at half-past 11, Court of Bankruptcy, London: Off. Ass. Whitmore; Sols. Lewis & Lewis, Ely-place.-Fiat dated Aug. 11. WILLIAM PARSONS, Wood-street, Princes-road, Lambeth, Surrey, corn dealer, dealer and chapman, Aug. 26 at rey, carpenter: in the Gaol of Surrey.-Alex. Lee, Lambethbalf-past 1, and Sept. 25 at 11, Court of Bankruptcy, Lon- road, near the Obelisk, Surrey, professor and teacher of music: don: Off. Ass. Alsager; Sols. M'Leod & Stenning, London- in the Queen's Prison.-Geo. Threadgold, St. Matthew's-pl., street, Fenchurch-street.-Fiat dated Aug. 4. and Warner-place, Hackney-road, Middlesex, bricklayer: in DAVID DAVIS, Jermyn-st., St. James's, Middlesex, dealer the Debtors' Prison for London and Middlesex.-Wm. Fear, regimental and court dresses and wearing apparel, Aug. Long-lane, Staple-street, Bermondsey, Surrey, machine saw22 at half-past 11, and Sept. 25 at 11, Court of Bankrupt. yer: in the Gaol of Surrey.-John Jolly, Porchester-place, London: Off. Ass. Belcher; Sols. Lewis & Lewis, Ely- Debtors' Prison for London and Middlesex.-Edw. Walker, Oxford-square, Edgeware-road, Middlesex, coal dealer: in the place, Holborn.-Fiat dated Aug. 11. JOHN TEMPLE TAYLOR and THOMAS PANTRY Birmingham, auctioneer: in the Gaol of Warwick.-Thomas WATKINSON, York-terrace, Regent's-park, Middlesex, Hands, Pontypool, Monmouthshire, painter: in the Gaol of and Watling-street, London, plumbers, dealers and chapmen, Aug. 26 at 11, and Oct. 2 at 12, Court of Bankrupt London: Off. Ass. Pennell; Sols. Grimaldi & Co., Copthall-court.-Fiat dated Aug. 12. Monmouth. INSOLVENT Debtors' DIVIDENDS. Susan Grant, widow, Woolwich, Aug. 16, Phillips's, Woolwich, and Messrs. Galsworthy & Nichols's, 9, Cook's-court, Lincoln's Inn: 1s. 8d. in the pound (in addition to others of 5s. 8d.)-Edmund L. Pym, Plymouth, attorney at law, Aug. 25, Whiteford & Bennett's, Plymouth: 38. 11d. in the THE STATUTES of the SESSION, 8 & 9 VICTORIA, pound, (in addition to a former of 6s.) The Queen has been pleased to confer the honour of knighthood upon FitzRoy Kelly, Esq., her Majesty's Solicitor-General. MASTERS IN CHANCERY.-The Lord Chancellor has appointed the following gentlemen Masters Extraordinary in the high Court of Chancery:-Hyla Ashton Holden, of Birmingham; and Ralph Darlington, of Wigan, Lancashire." Early in September will be published, SUPPLEMENT TO SWEET'S CONCISE PRECEDENTS S. Sweet, Law Bookseller and Publisher, 1, Chancery-lane. A COMPLETE COLLECTION of CONCISE PRECEDENTS in CONVEYANCING, including all the usual Forms of Agreements, Appointments, Exchanges, Leases, Mortgages, Transfers, and Re-conveyances of Mortgages, Partition, Partnership Deeds, Purchase Deeds, Releases, Settlements, and Wills, adapted to ordinary Use in small Transactions. With the Statute 7 & 8 Vict. c. 76, intituled, "An Act to simplify the Transfer of Property," and a copious Commentary. To which is added, an Appendix, comprising an Essay on Testamentary Gifts to Classes, and on Gifts over in case of Death, &c.; and a Summary of the Law as to Stamps on Instruments relating to Mortgages. By GEORGE SWEET, Esq., of the Inner Temple, Barrister at Law. A TREATISE on PRESUMPTIONS of LAW and FACT, with the Cases. By W. M. BEST, Esq., A. M., LL. B., of Gray's Inn, Barrister at Law. In Svo., price 15s. boards. THE LAW of INFERIOR COURTS for the RECO-Theory and Rules of Presumptive or Circumstantial Proof in Critical VERY of DEBTS, with the New Act. By J. MOSELEY, Esq., Barrister at Law.-Part 1 treats of Courts, Officers, Jurisdiction, Process, Pleadings, Trial, Verdict, Judgment, Execution, Prohibition, Certiorari, &c., Writ of Error, &c., Quo Warranto, Mandamus, Actions against Officers, &c. Part 2 treats of Courts of Request, County Courts, Hundred Courts, Courts Baron, Borough Courts. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. and W. T. Clarke, of Portugal-street), 26 and 39, Bell-yard, Lincoln's-inn. Just published, The Fourth Edition of the REGISTRATION of ELECTORS ACT, incorporating the Reform Act and other Election Statutes, with Introduction, Notes, Index, and all the Decisions of the Common Pleas upon Appeals. By EDWARD W. COX, Esq., Barrister at Law. The Third Edition of the INSOLVENT DEBTORS and DEBTORS and CREDITORS ACTS, with all the Forms and recent Orders, Notes, and Index. By J. A. HOMES, Esq., Barrister at Law. Price 58. bds. N. B. This may be had bound with the above Edition of the Small Debts Act, forming a complete work on the Practice of Insolvency. DREWRY ON INJUNCTIONS. A TREATISE on the LAW and PRACTICE of INJUNCTIONS. By CHARLES STEWART DREWRY, Esq., Barrister at Law. in Svo., price 14s. boards. THE ATTORNEY and SOLICITOR'S ACT, 6 & 7 Viet. cap. 71, with an Introductory Analysis, Notes, and Index. By J. C. SYMONS, Esq., of the Middle Temple, Barrister at Law. Price 2s. 6d. sewed. ANSTEY'S HISTORY OF THE LAWS AND CONSTITUTIONS. This day is published, in post 8vo., price 12s., boards, GUIDE to the HISTORY of the LAWS and CONSTI TUTIONS of ENGLAND, consisting of Six Lectures, delivered at the Colleges of Saints Peter and Paul, Prior-park, Bath, in the presence of the Bishop and his Clergy. By THOMAS CHISHOLME ANSTEY, Esq., of the Middle Temple, Barrister at Law, Professor of Law and Jarisprudence in those Colleges. A V. and R. Stevens & G. S. Norton, Law Booksellers and Publishert, (successors to the late J. & W. T. Clarke, of Portugal-street), 26 and Bell-yard, Lincoln's Inn." RAWLINSON'S CORPORATION ACTS. The Second Edition of the JOINT-STOCK COMPANIES ACTS. THE MUNICIPAL CORPORATION ACT, 5 & 6 Will. 4, c. 76, and the Acts since passed for amending the same, with with Notes, and copious Index. By WILLIAM PATERSON, Esq., Notes and References to the Cases thereon; also an Appendix, contai Barrister at Law. Price 5s. boards. THE NEW ORDERS in CHANCERY, with Practical Notes, and copious Index. By G. S. ALLNUTT, Esq., Barrister at Law. Price 3s. boards. In the Press, THE REAL PROPERTY STATUTES of the LATE SESSION, with Notes, Forms, and Index. By G. S. ALLNUTT, Esq., Barrister at Law. ing the principal Statutes referred to, including those relating to Mandamus and Quo Warranto; a List of Boroughs having Quarter Sessions: Borough Court Rules, &c. By CHRISTOPHER RAWLINSON, Exq of the Middle Temple, Barrister at Law, and Recorder of Portsmouth. A. Maxwell & Son, Law Booksellers and Publishers, 32, Bell-yard, Lincoln's Inn. This day is published, price 78., John Crockford, Law Times Office, 29, Essex-street, Strand, and of all NICHOLLS'S PRACTICE in INSOLVENCY in the Booksellers. COURTS of BANKRUPTCY. Second Edition. By JAMES NICHOLLS and EDWARD DOYLE, Attornies at Law. With Supplement, containing the Act 8 & 9 Viet. c. 127, "For the better securing the THE LEGAL and COMMERCIAL LIFE ASSURANCE Payment of small Debts." SOCIETY. Temporary Offices, 68, Cheapside. "Registered provisionally" in pursuance of the Statute 7 & 8 Vict. c. 110. Capital £500,000, in 10,000 Shares of £50 each. TRUSTEES. SIR JOHN DEAN PAUL, BART. coln's Inn. Anderton, Thomas Oliver, Esq., | Hall, Frederick James, Esq., Lin- Harrison, Thos., Esq., Walbrook. James Edwin, Esq., Temple. "Unthriftes riote and ronne in debt upon boldnes of these places, yea, and riche menne ronne thyther with poore menns goodes, there they buylde, there they spende, and byd their creditours goo whystle."-Duke of Buckingham (Edward V.'s time) on Sanctuaries.-Halls Chronicle, p. 354. Spettigue, Law Bookseller, 67, Chancery-lane. THE CONVEYANCING ACTS. THE CONVEYANCING ACTS of the PRESENT SES SION, viz. 8 & 9 Vict. c. 106, "The Act to amend the Law of Real Property;" 8 & 9 Vict. c. 119, "The Act to facilitate the Conveyance of Real Property;" and 8 & 9 Vict. c. 124, "The Act to facilitate the Leasing of Real Property," are given in No. 4 of the LAW REVIEW, with Practical Observations. Price 5s. Owen Richards, Law Bookseller and Publisher, 194, Fleet-street. Chambers, Montagu, Esq., Temple. Laing, the Rev. David, M.A., F.R. DEEDS for EXECUTION ABROAD.—Messrs. J. & R. M'CRACKEN, Foreign Agents, 7, Old Jewry, beg to inform the Legal Profession that they undertake to forward Deeds for Execution by Parties Abroad, through their Correspondents on the Continent, for the Costs of Transmission and a simple Commission. List of Correspondents, and for further information, apply as about. Messrs. J. & R. M'CRACKEN are also Agents to the ROYAL ACA DEMY, and devote their attention to the Receipt of Works of Art. Bag gage, &c. sent home by Travellers on the Continent for passing through the Custom-house. They also undertake to ship Goods to all Parts of the World. • Orders for THE JURIST given to any Newsman, or letter (postpaid) sent to the Office, No. 3, CHANCERY LANE, or to V. and R STEVENS & G. S. NORTON, (Successors to J. & W. T. Clarke, late of Portugal Street), 26 and 39, BELL-YARD, will insure its punctual delivery in London, or its being forwarded on the evening of publication through the medium of the Post Office, to the Country. Printed by WALter m'dowalL, PRINTER, residing at No. 4, Pemberton Row, Gough Square, in the Parish of St. Bride, in the City of London, at his Printing Office, situate No. 5, Pemberton Row afore said; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, LAW BOOKSELLER and PUBLISHER, residing at No. 11, John Street, Bedford Row, in the County of Middlesex. Saturday, August 16, 1845. No. 450-VOL. IX. AUGUST 23, 1845. PRICE 18. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: EACH Succeeding year, during which the House of Commons tries its hand at the judicial department of its railway business, shews more and more how unfit that great assembly is for the transaction, by its own immediate interference, of such business. The composition and organisation of the railway committees of the past session have been infinitely superior to those of the committees of preceding sessions. For the numerous, confused, and disjointed assemblages of members formerly constituting the committees, taking up for a short time the business of railway investigation, so that no set of members acquired practice in that species of business, have been substituted smaller bodies, in the nature of standing committees, giving their attention, as settled and almost permanent tribunals, to railway business; and to this improved constitution of the judicial bodies themselves, has been added the benefit resulting from the grouping of schemes in given masses, under the jurisdiction of each particular committee; the result of the double improvement being, that the committees have assumed more the form of organised courts acting upon some settled system, and that the parties have known beforehand where their business was to be transacted, and, to some extent, when it was to be taken by the committees. Still, notwithstanding these improvements, and notwithstanding the most meritorious industry of the several committees, the complaints have been long, loud, and repeated, of the time wasted in the transaction of railway business, of the enormous expenditure of money without fruit, and of the uncertainty and irregularity pervading the whole system. To what, then, are these evils owing, and how is it that business, certainly not more complicated, although it may, for the time, be more massive, than the daily business of courts of law, VOL. IX. FF so oppresses the committees of the House of Commons, that they literally break down under it? That the members of these committees are generally men of education and intelligence, is not to be denied. Many of them are men of great powers of understanding and of great energy: that they are in earnest in their work, is plain from the way in which they have laboured during the last session; and yet they cannot govern and arrange and dispose of the business brought before them? The fault, we believe, is in the fundamental and inte-gral constitution of the committees. They fail, because they are composed of unfettered members of the Legislature,-because they are not bound by rules to which each and all can give obedience, because they are neither armed with the settled powers, nor governed and restricted by the settled rules, of courts of law; and we believe, that, not until they are constituted strictly upon the system of judicial bodies, will they ever be able satisfactorily to deal with the business of adjudicating between the competing promoters and the opponents of railway schemes. The objection generally made to any suggestion for the transaction of any part of the business of the Legislature by persons not being members, is, that the Legislature cannot give up its jurisdiction; and if it were absolutely necessary, in order to remedy the evils arising from the transaction, by members, of business for which, by their habits and the very nature of their position, they are not well adapted, that the House should depart with any portion of its jurisdiction, no doubt that would be a very serious objection; but we apprehend that such abandonment of jurisdiction is not in any degree requisite. The business of railway committees is primarily judicial, and only in a very secondary degree legislative. In fact, it is no further legislative than that the members of the committee are members of the legislative body, and that the grounds of their de cisions, or more properly of their reports, have, in some measure, reference to those broad principles of policy on which new rights are to be conferred by the Legislature. Still, in the main, their business is nothing but judicial inquiry into the validity of the claims, which the parties contending before them seek to establish, to obtain the legal rights conferred by an act of Parliament. These claims are of various kinds, but they are all to be supported by such evidence as will satisfy the committees whether they ought or ought not to report in favour of them. The committees are, therefore, simply referees of the House, instructed to obtain for the House the best evidence they can, of the relative claims of the parties seeking to obtain legal rights, and, having obtained that evidence, to report to the House thereon. It is manifest that the exercise of jurisdiction consists, not in the fact of the committee-men being members, but in the fact of their being appointed by the authority of the House, and referred to by the House to report on the matters brought before them; and if the referees were not members at all, the jurisdiction of the House would be just as fully preserved and exercised, provided the referees were originally appointed by the authority of the House, and executed merely the duty of inquiring and reporting for the advice and assistance of the House. It is further manifest, both upon principle and from the experience of the last few years, that, unless the business of investigating applications for powers to construct railways (and generally all public works requiring parliamentary powers) is conducted upon fixed rules of practice, according to legal forms, more or less modified in the reception and rejection of evidence, with some settled modes of proceeding in presenting a case to the committee, and generally with those guards to decorum and regularity which are afforded by the modes of proceeding adopted by courts of justice; and, in particular, unless the committees are wholly or principally composed of men of legal education, in fact of persons armed with judicial authority, and checked by judicial responsibility, the business of parliamentary inquiry into schemes for public works will continue to be done as it has been done, in a manner unsatisfactory to the public, and oppressive in the last degree to the House. It appears to us that the course of improvement lies in the adoption, by the two deliberative branches of the Legislature, of the system adopted by the Crown in the exercise of its colonial and other appeal jurisdiction; viz. in the creation of a body analogous to the Judicial Committee of the Privy Council, composed, principally at least, of members of the legal profession, constituting a Judicial Committee for advising the Legislature on such matters as shall be referred to it; the members to be appointed by the Legislature; to hold their offices, like judges, during good conduct; to possess, after the manner of the Judicial Committee of the Privy Council, all such powers as may be necessary to enable them to conduct effectively the inquiries referred to them; to be, in fact, in all respects judges, except, as in the case of the Judicial Committee of the Privy Council, in the result of their deliberations being not an actual decision, but a mere report by way of advice to the Legislature. We can have little doubt that a body so created and so constituted, would get through double the business that the committees of either House can manage, and that, not only without in the slightest degree impairing the powers or authorities of the Legislature, but much more to its credit and much more to the satisfaction of the public. ON SPECIAL ORDERS TO AMEND BILLS AFTER ANSWER, UNDER THE 13TH ORDER OF 1828, AS AMENDED 1831. Our readers will have seen in our last Number (p. 682) a case of Dean v. Hickinbotham, in which the construction of the famous 13th Order of 1828 and 1831 was the subject of contention. We propose in this paper to bring before our readers a resumé of the authorities, not for the purpose of offering any original or striking observations, for that we cannot, on such a subject, pretend to do, but merely that they may have before them at one glance a convenient statement of the principal authorities bearing upon the point. The first in order is Evans v. Hughes, (5 Sim. 666). In that case the plaintiff had amended once, by adding a new party. After that party had answered, the plaintiff moved again to amend, not requiring any answer from the original defendant. The Vice-Chancellor held that the amended bill was to be considered as an original one with respect to the new defendant, and that the case was within the spirit of the 13th Order. The next case is Wharton v. Swann, (2 My. & K. 362). In that case, the plaintiff having, after answer, upon special leave, amended his bill, afterwards reamended it, under an order obtained as of course, and the motion was to discharge this order. Lord Lyndhurst said, that the term "answer" used in the 13th of the New Orders, (1828, 1831), referred to the answer to the amended bill, the answer to that bill which the party was bound to answer; and he added that that was the construction put upon it by the Vice-Chancellor. The next case is The Attorney-General v. Nethercoat, (2 My. & C. 604). There the information was originally filed against the defendant Nethercoat only. After his answer had been put in, the information was amended by adding several new defendants, and otherwise. An order to re-amend was afterwards made upon a further application, which had been irregularly made, (not being supported by the proper affidavit), if the 13th Order has reference to the answer to the original bill only. But it was contended in this case, that, as against the defendants added by the first amendment, the bill was a new record, and that, therefore, the further amendment was, as to them, a first amendment. It was meant to be contended, in other words, that the 13th Order intended by the word "answer," answer to the amended bill. Lord Cottenham said, "that the 13th Order peremptorily declared, that, when a bill had been once amended after answer, no further leave at all should be granted, unless the application for such amendment were supported in the manner prescribed by that Order; and that, if it were held that an amendment by adding parties was not an amendment within the meaning of the Order, a plaintiff might always, by adding another defendant, entirely evade the Order." This case seems certainly to meet and overrule the very point in Evans v.. Hughes, (cited supra), which was, that |