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Negligence.

mages, 223.

Broker; Contract; Da

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Note, Promissory. Notice of dishonour Relief, summary, in Equity, 228. 233.

to guarantee, 227.

Notice of action, 234.

Repugnancy. Premises; Habendum,

217.

of dishonour of promissory Royal Marriage Act, 204.

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Payments, appropriation of, 219.
Performance, specific, 210.

Personal Service of rule directing payment of money awarded, 235.

Rule directing payment of money awarded. Personal service, 235.

Sale-Vesting-execution, 228. Service of Rule directing payment of money, 235.

Sheriff. Arrest; Illegal entry, 228. Specific Performance. Concealment ; Jurisdiction, 210.

Statute of Limitations, 221. 232.

in debt on bond, pleading, 232. Summary Relief. Practice in Equity,

228. 233.

Pleading Statute of Limitations in Taxing attorney's bill after payment,

debt on bond, 232.

excuse for want of profert,

when sufficient, 232.

case, 230.

Effect of "not guilty" in

Declaration on a foreign

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229.

Trust Estate. Devise, 217.

Usurious loans on the security of goods, when lawful, 220.

Vestry. Sale Execution, 228.

238

POSTSCRIPT.

Since our last number, a commission has been appointed for inquiring into the expediency of altering the circuits of the Judges in England and Wales. It appoints Sir James Parke, Sir Edward Hall Alderson, Sir John Taylor Coleridge, James Stuart Wortley, Fitzroy Kelly, William Whateley, John Greenwood, Sir William Heathcote, Edmund Denison, and Thomas Grimston Bucknall Estcourt, or any five or more of them, to be "commissioners for inquiring and considering whether it would be expedient, with a view to the more convenient and better administration of justice, that any and what alterations should be made in the division of England and Wales into circuits for judicial business, and in the periods for holding such circuits, and whether it would be necessary or proper that any change should be made in the law terms for the purpose of such alterations, and also for considering in what manner such alterations may be best effected."

A commission has also passed the Great Seal, revoking the former Criminal Law Commission, and appointing the Right Honourable Sir Edward Ryan, Kt., Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, Esquires, to be Her Majesty's Commissioners on Criminal Law; and appointing James John Lonsdale, Esq., Barrister-at-law, to be Secretary to the Commission.

We understand the objects of the commission are the completion by Messrs. Starkie and Ker of the report on procedure upon which they were engaged at the time of revoking the former commission

the revision by all the Commissioners of the Digest of Crimes and Punishments, prepared by the old commissioners; and the reporting respecting such statutes relating to criminal matters, as in the opinion of the Commissioners ought to be repealed.

The Society for Promoting the Amendment of the Law is proceeding very satisfactorily. We anticipate great advantages from its labours. It affords the means of applying to the science of the law that mode of investigation which has been found so useful in every other science, and to which, it appears to us, the law should form no exception. The examination of subjects connected with law amendment, first by a committee which makes a report to the general body; the discussion of that subject first by the committee, and then by the general body; the printing these reports,

and their diffusion in the shape of the Transactions of the Society, must be attended with benefit. In some respects the Society is better than any commission, and it is certainly better than any parliamentary committee, where witness after witness is called in and examined separately, no attempt being made to bring these witnesses together, and in this way arrive at the truth. These two modes which have hitherto formed the sole basis of legislation, are, in our opinion, both inferior to the plan proposed by the Society of having subjects discussed by all branches of the profession, assisted by other persons not in the profession. We are glad, therefore, to find that many competent persons are taking an interest in the Society, and that it has already made much progress in many subjects which have engaged its attention. It is right, while we say this, and express our hearty wishes for the welfare of the Society, and belief in its usefulness, to mention that this Review is not its organ, and has in fact no connection with it, other than having on many points common objects in view.

The Transfer of Property Act of last session is in abeyance. It remains a dead letter. The first day of the present session, as we anticipated in our last number, brought the promise of an Amendment Act. This we understand will amend it altogether by the repeal of the whole: some portion from the date of the repealing Act; and the rest of it from the time when it came into operation (the 1st January last). It is no easy subject to legislate on, but many and significant symptoms from various quarters, convince us that no small measure of amendment on this subject will do. Public and professional expectation is beginning to be roused, the common assurances of the country must not be the subject of a series of small (although perhaps useful) experiments; the whole question should be committed to proper persons, the task left unfinished on the termination of the Real Property Commission must be performed, the various plans of reform now before the profession should be investigated, and it should either be pronounced from authority that no alteration is ne cessary or possible, or a complete and thorough reform should be made. Nothing less than this will or should satisfy the pro

We hope this may extend to the second section, which has certainly puzzled the conveyancers most effectually; and if it is allowed to stand, will puzzle them while parchment endures. No one can tell what the deed is to be called which takes operation under it. A familiar passage in Macbeth has been thus applied:

"Lord Chancellor. - How now, you secret, black, and midnight hags! What is it you do?

"All (conveyancers). A deed without a NAME."

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The second clause, coupled with the inexplicable thirteenth, sealed the fate

fession, no other course is safe or wise: and as it was to Sir Robert Peel's administration that we owe the first Real Property Commission, so we trust it is to him that we shall owe the second.

We have adverted in the present number to several measures now before Parliament. In addition to these we should mention that Lord Campbell has brought in a bill for abolishing deodands, and that he has renewed his bill for allowing service of process abroad on persons being indebted and having property in this country. Those are both useful measures, and we trust that no formal objection will be suffered to prevent them passing into law.

The Government having brought in no Bill on Ecclesiastical Courts in the present session, Lord Cottenham has introduced his former Bill. state.

Surely these Courts cannot be left in their present

There is a great demand for legislation as to the clause of the Act of last Session abolishing imprisonment for debts under 201 An Amendment Act will be introduced either by Lord Brougham or by the Lord Chancellor. It should be observed that the former Noble Lord is not the author of this clause, as has been supposed.

It will be seen that there are now many important measures before Parliament connected with the law. We sincerely trust that they may be discussed in due time, and with due deliberation, and not passed or deferred in a scramble at the close of the Session.

April 26. 1845.

NEW WORKS LATELY PUBLISHED.

The Law of Nisi Prius; comprising the Declarations, Pleadings, and Evidence, in particular Actions, namely, Bills of Exchange, Notes, Cheques, &c. Policies of Insurance in all Cases, and in Ejectment. Vol. ii. Frederick Archbold, Esq., Barrister-at-Law. 12mo. 18s.

By John

The New Statutes relating to Insolvency and Bankruptcy, 5 & 6 Vict. cap. 116., and 7 & 8 Vict. cc. 96. 70. 111., and the New Rules and Orders, intended as a Supplement to Archbold's Bankrupt Law, with Leases, and a copious Index. By John Flather, Esq., of Lincoln's Inn, Barrister-at-Law. 12mo. 58.

Rules and Orders of the Superior Courts of Common Law, from the commencement of the reign of Wm. IV. to Hilary Term, 8 Vic., with Notes, and a copious Index. By Edward Lawes, Esq., of the Middle Temple, Special Pleader. Royal 12mo. 8s.

An Abridgment of the Law of Nisi Prius. By Wm. Selwyn, Esq., of Lincoln's Inn, in 2 vols. royal 8vo. Eleventh edition. 21. 10s.

A Practical Treatise on the Laws relating to the Church and the Clergy. By Henry William Cripps, M. A., of Lincoln's Inn, and the Middle Temple, Barrister-at-Law, and Fellow of the New College, Oxford. 8vo. 11. 5s.

A Selection of Legal Maxims, Classified and Illustrated. By Herbert Henry Browne, Esq., of the Inner Temple, Barrister-at-Law. 8vo. 15s. Principles of Conveyancing, designed for the Use of Students, with an Introduction on the Study of that Branch of the Law. By Charles Watkins Esq., of the Middle Temple, Barrister-at-Law. Ninth edition. Revised and considerably enlarged, by Henry Hopley White, Esq., Barrister-at-Law, of the Middle Temple. 8vo. 18s.

The Law of Judgments and Crown Debts as they affect Real Property. By Frederick Prideaux, of Lincoln's Inn, Barrister-at-Law. 12mo. 78. Third edition.

The Statutes 7th and 8th Vict. cc. 96. 70. & 111., and all the new Rules and Orders relating to Bankruptcy and Insolvency, together with the recent Decisions; bringing the Law relating to Bankruptcy and Insolvency down to the present time. Being a Continuation of Montagu and Ayrton's Bankrupt Law, with Forms, and an Index. By John Herbert Koe, Esq., one of Her Majesty's Counsel, and Samuel Miller, Esq., Barrister-at-Law. 8vo. 5s.

Concise Precedents in Conveyancing, adapted to ordinary Use in small Trans. actions, with Practical Notes; and a Commentary on the stat. 7 and 8 Vic. cap. 76., intituled An Act to simplify the Transfer of Property. By George Sivers, Esq., Barrister-at-Law. Royal 8vo. 11. Second edition.

The General Highway Act, 5 and 6 Wm. IV. cap. 50., and the subsequent Statutes, with copious Notes on the Law of Highways; also, new Forms and general Rules for making and repairing Roads. 2d edition, corrected and enlarged. By Leonard Shelford, Esq., of the Middle Temple, Barrister-atLaw. 12mo. 7s. 6d.

Horæ Juridicæ, or Thoughts on the Character, Aspect, Duties, and present Exigencies of the Profession of the Law. By W. D. Lewis, of Lincoln's Inn, Barrister-at-Law. 8vo. 2s.

The Code of Practice of the High Court of Chancery, Vol. 2., containing such of the General Orders from the time of Lord Bacon to 1845, inclusive; and such Extracts from the Statutes affecting the Practice of the Court now in use, as have reference to distinct stages of a Suit, classified in the order in, which they arise, with a Digest of the Decisions upon them. By Thomas Kennedy, a Solicitor of the Court. 12mo. 7s.

NOTE TO ART. I.

Railway legislation has made some progress since our first article in this number was printed. The Lords and Commons have both pretty fully discussed the construction and the progress of the famous Board; and never was body politic so roughly handled. No one, even of the Government, has chosen to step forward in its defence. The task has been left to the two officials, the President and the Vice-President-whose labour has been

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