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ARCHBOLD'S PRACTICE OF THE QUEEN'S BENCH.-EIGHTH Just published, in 2 vols. royal 12mo., price 11. 186. boards, the Fifth Edition.

Edition of Just published, in 2 vols. royal 12mo., price 21. 88. boards, IGRANT'S CHANCERY PRACTICE, composed anew, A RCHBOLD'S PRACTICE of the COURT of QUEEN'S U and according to all the existing Operative Orders of Court, in 11 BENCH in PERSONAL ACTIONS and EJECTMENT. The cluding the last of 8th May, 1845. Eighth Edition. By THOMAS CHITTY, Esq., of the Inner Temple; A. Maxwell & Son, 32, Bell-yard, Lincoln's Inn; H. Sweet, I and 3. including the PRACTICE of the COURTS of COMMON PLEAS and Chancery-lane; and V. and R. Stevens & G. S. Norton, 26 and 39, BellEXCHEQUER.

yard, Lincoln's Inn. Also, in 1 vol. royal 12mo., price 223. boards,

of whom may be had, recently published, FORMS of PRACTICAL PROCEEDINGS in the COURTS of

In Six very thick octavo Volumes, price 61. 108. in strong cloth bds., QUEEN'S BENCH, COMMON PLEAS, and EXCHEQUER of

BURN'S JUSTICE of the PEACE and PARISH OFFICER. PLEAS. By THOMAS CHITTY, Esq., of the Inner Temple.

The Twenty-ninth Edition, corrected and greatly enlarged, containing S. Sweet, i, Chancery-lane; and V. and R. Stevens & G. S. Norton,

the Statutes and Cases to 7 & 8 Vict., inclusive, with a New Collection 26 and 39, Bell-yard, Lincoln's Inn.

of Precedents. The Title "Poor" by Mr. Commissioner BERE, of the Of whom may be had,

Exeter District Court of Bankruptcy; the rest of the Work by THOMAS CHITTY ON BILLS OF EXCHANGE.-NINTH EDITION. CHITTY, Esq., of the Inner Temple. In royal 8vo., price 12. lls. 6d, boards,

On introducing a new and greatly improved edition of an old-estalishA PRACTICAL TREATISE on BILLS OF EXCHANGE. CHECKSed book, like " Burn's Justice," to the notice of the Members of the MaON BANKERS, PROMISSORY NOTES, BANKERS' CASH NOTES, gistracy and the Legal Profession, the Publishers need only point attenand BANK NOTES: with references to the Law of Scotland, France, tion to the claims which it has upon two such large and influential boand America. The Ninth Edition, much improved. By JOSEPH dies, to ensure a success similar to that which has attended all previous CHITTY, Esq., and JOHN WALTER HULME, Esq., of the Middle editions. Since the year 1837 (the date of the last edition) a considerable Temple, Barristers at Law.

number of important Statutes have been passed; by several of those

Statutes the executive power of the Magistrate has been somewhat reIn 3 vols., royal 8vo., price 41. 108., boards,

stricted, and by others extended, while the whole duties of the office CHITTY ON PLEADING AND PARTIES TO ACTIONS.

have undergone too many changes not to render a New Edition (emCHITTY'S PRACTICAL TREATISE on PLEADING and

bodying every Act and decision to the present time) a valuable and nePARTIES to ACTIONS, with Second and Third Volumes, containing

cessary addition to the Libraries of Gentlemen engaged in the Local AdModern Precedents of Pleadings and Practical Notes. The Seventh

ministration of Justice. The Six Volumes have received a thorough Edition, corrected and enlarged By HENRY GREENING, Esq., of

revision; the Forms have been re-modelled, and carefully adapted to the Lincoln's Inn, In Three thick Volumes, price 4. 10s. boards.

recent changes; several new Titles (created by modern enactments) hare MACNAMARA ON NULLITIES AND IRREGULARITIES IN becn introduced, and great exertions have been made to ensure a correct LAW.

and full development of the Law as it now stands. The title "Poor," A PRACTICAL TREATISE on NULLITIES and IRREGULARI which occupies the whole of the Fourth Volume, has again been preTIES in LAW, their Character, Distinctions, and Consequences. By

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over carefully made, would supply a satisfactory Manual for those who MAGISTRATE'S GUIDE.

attend the Quarter Sessions. The Marginal Notes and the Index are, In 2 Vols., 8vo., price 21. 2s, boards,

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Esq., as were considered useful, have been retained: and the Four voThe LAW'S DISPOSAL of a PERSON'S ESTATE who dies without lumes have received extensive Additions by the following Gentlemen Will or Testament; to which is added, the Disposal of a person's Estate Vol. I.. by JOHN F. HARGRAVE, Esq., of Lincoln's Inn; Vol. 11., by Will or Testament; with an Explanation of the Mortmain Act. By by GEORGE SWEET, Esq., of the Inner Temple; Vol. III., by PETER LOVELASS, Esq., of the Inner Temple, The Twelfth Edition. RICHARD COUCH, Esq., of the Middle Temple; Vol. IV., by W. N. remodelled and enlarged, and adapted to the recent alterations of the | WELSBY, Esq., of the Middle Temple, Barristers at Law. Law. By ARTHUR BARRON, Esq., of the Inner Temple, Barrister

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COLLYER'S LAW OF PARTNERSHIP. By the late JOSEPH CHITTY, Esq., Barrister at Law.

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THE REAL PROPERTY STATUTES passed in the Reigns of The NEW STATUTES relating to INSOLVENCY and BANK

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Abolition of Fines, &c., and Judgments, &c. With copious Note the NEW RULES and ORDERS: intended as a SUPPLEMENT to

Forms of Deeds. Fourth Edition, corrected and enlarged, wit ARCHBOLD'S BANKRUPT LAW; with Forms, and a copious

Cases and Statutes. By LEONARD SHELFORD, Esq., of the Middle Index. By JOHN FLATHER, of Lincoln's Inn, Esq., Barrister at

Temple, Barrister at Law.
Law.
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cluding ProThe LAW and PRACTICE in BANKRUPTCY, as founded on | PENAL STATUTES by JUSTICES of the PEACE; including the recent Statutes. By JOHN F. ARCHBOLD, Eso.. Barrister at ceedings preliminary and subsequent to Conviction, and on Appeal a Law. THE TENTH EDITION, enlarged by the Statutes and Cases to

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LITTLETON'S TENURES. THE STATUTE LAW relating to RAILWAYS.

In a small Pocket Volume, price 68., This Work contains all the Statutes at Length, including the Joint I ITTLETON'S TENURES IN ENGLISH.-A new stock Companies Rexistration Act, 7 & 8 Vict. c. 110, with Observations 1 Edition, corrected, handsomely printed, in a very small Pocket pointing out its Operation on Railway Companies; also the Companies Volume. Clauses Consolidation Act, 8 Vict. c. 16; the Railway Clauses Consoli | "The Student should begin by reading Littleton's Tenures' with exdation Act, 8 Vict. c. 17; and the Lands Clauses Consolidation Act, 8 treme attention, meditating on every word, and framing every section Vict. e. 18; with a complete Analysis of their contents, and a copious into a diagram; abstaining altogether from the Commentary, but peIndex. By W. HODGES, Esq., of the Inner Temple, Barrister.

rusing Gilbert's Tenures. After this, he should peruse Sir Martin Also preparing for Publication by the same Author,

Wright's Tenures' and Mr. Watkins's Treatise on Descents;' and then

give Littleton's Tenures a second perusal. After this second perusal of A PRACTICAL TREATISE on the LAW of RAILWAYS.

the text, he should peruse it a third time, with the Commentary of Lord CONTENTS:

Coke,' and afterwards peruse Sheppard's Touchstone,' in Mr. Preston's Procedure of Railway Bills through Parliament.--Standing Orders in

invaluable edition of that work. The Reminiscent presumes to suggest, Pertament.-Jurisdiction of the Board of Trade: first, by Parliamentary

that the Student may then usefully peruse the Notes on Feuds, on Revolutions; secondly, by the Statute Law.-Registration of Companies

Uses, and on Trusts, in the last Edition of Coke upon Littleton, and under 7 & 8 Vict, c. 110.- Compensation Cases-On Mandamus. On In

then read Littleton and Coke, and the Notes of the last Editors."-Butler's fraction-Liabilities of Shareholders and Holders of Scrip.-Rating of

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V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, all the Statutes.-Forms of Deeds, &c.

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cht H

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PETERSDORFF'S NEW ABRIDGMENT.-Now COMPLETE. ALL the EFFECTIVE ORDERS in the HIGH COURT

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Law and on Appeal, with the Rules of Court from Michaelmas Term, 1824, S. Sweet, 1, Chancery-lane, Fleet-street.

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lier Authorities, and Explanatory Notes; designed either as a SUPPLESIR EDWARD SUGDEN'S TREATISE ON POWERS.

MENT to the Author's Abridgment, or as a SEPARATE Work. By In 2 vols. royal 8vo., price 21. in boards,

CHARLES PETERSDORFF, Esq., of the Inner Temple, Barrister at A PRACTICAL TREATISE on POWERS. By th

| Law, Sir EDWARD SUGDEN. The Seventh Edition

I V. and R, Stevens & G. S. Norton, Law Booksellers and Publishers, A TREATISE on PRESUMPTIONS of LAW and FACT, with the (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39, Theory and Rules of Presumptive or Circumstantial Proof in Criminal Bell-yard, Lincoln's Inn. Cases By W. M. BEST, Esq., A. M., LL.B., of Gray's Inn, Barrister

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A GUIDE to the HISTORY of the LAWS and CONSTIPRINCIPLES of the LAW of REAL PROPERTY, intended as a

A TUTIONS of ENGLAND, consisting of Six Lectures, delivered at First Book for the Use of Students in Conveyancing. By JOSHUA

the Colleges of Saints Peter and Paul, Prior-park, Bath, in the presence TILLIAMS, Esq., of Lincoln's Inn, Barrister at Law.

of the Bishop and his Clergy. By THOMAS CHISHOLME ANSTEY. * Decidedly superior to any of its predecessors. .... A Work with

Esq., of the Middle Temple, Barrister at Law, Professor of Law and Juwhich no Common law Student should neglect to provide himself at the

risprudence in those Colleges. outset of bis Pupilage."-Warren's Law Studies, pp.560, 766.

V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, The want which the Student has felt, of an Elementary Guide to the

(successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39 Law of Real Property as it exists, and as it is practically important at the

Bell-yard, Lincoln's Inn. present day, Mr. Williams (who was already favourably known to the

Of whom may be had, just published, Profession by an edition of Watkins's Treatise on Descents, published in

THE LAW OF INFERIOR COURTS. 1837) has endea voured to supply by his present Work, and, we think,

Price 11. boards, with emineat success. . . . He has developed his plan with great clearners of method, in a lively and agreeable style."--Jurist.

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PART 2: Courts of Request, County Courts, Hundred Courts, Courts # or considerable use and merit. .. It appears to us written in

Baron, Borough Courts. a pleasing and agreeable style, and well calculated to make a favourable SMITH'S MANUAL OF EQUITY JURISPRUDENCE. impression on the Student."-Law Review.

In 12mo.. price 8s. boards,

A MANUAL of EQUITY JURISPRUDENCE, as administered in Price 18. 60. sewed,

England, founded on the Commentaries of Joseph Story, LL.D., and REMARKS on the ACTS of the SESSION 8 & 9 VICTORIA

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constantly occurring in CHANCERY and CONVEYANCING, and in * Whether Attendant Terms ought still to be assigned to Trustees for

the general practice of a Solicitor. By JOSIAH W. SMITH, B.C.L., Purchasers," intended as a SUPPLEMENT to " Principles of the Law

of Lincoln's-inn, Barrister at Law. of Real Property." By JOSHUA WILLIAMS, Esq., of Lincoln's Inn,

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tice."-Jurist, No. 465. A TREATISE on the LAW of EQUITABLE MORTGAGES' MILLER'S ORDERS IN CHANCERY.-Second Edition. containing a Statement of the Law respecting the Liens of Vendors

Price 148. boards, and Parchasers, of the Rights and Remedies of Equitable Mortgagees THE ORDERS of the HIGH COURT of CHANCERY, from HIby Deposit of Deeds, of the Effect of Notice with regard to Equitable LARY TERM, 1800, to MICHAELMAS TERM, 1845, with the StaMortgages, of the Priority of Judgments over Equitable Mortgages, tutes relating to Pleading and Practice in that Court, including the with Observations on the Dictum of Lord Cottenham, and the Judg- Acts for taking Bills pro confesso, and the other Acts, usually dement of the Vice-Chancellor Wigram, in WHITWORTI v. GAUGAIN, nominated Sugden's Acts, with Notes of the Decisions upon the above and on the Course of Proceeding on the Bankruptcy of an Equitable Orders and Statutes, and Explanatory Observations. By SAMUEL Mortgagor: with an Appendix, containing the Judgment of the Vice- ( MILLER, Esq., Barrister at Law. Chancellor Wigram in WHITWORTH V. GAUGAIN, Forms for Equitable

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LONDON, FEBRUARY 7, 1846.

telligible words.” As it is, the interpretation clause is to

the modern legislator, what the margin for contingencies Our readers will have noticed, in THE JURIST of last is to the modern railway engineer. Whenever it is week, the important case of Young v. Smith, (ante, p. very difficult, or even a little troublesome, to state a 52), deciding that the prohibition contained in the 26th clause of an act of Parliament with accuracy, the difsection of the 7 & 8 Vict. c. 110, (The Joint-stock Com- ficulty is not manfully grappled with, but thrown forpanies Act), does not apply to companies for executing ward or backward, as the case may be, to the interprepublic works which cannot be carried into execution tation clause. To that clause we are to look to see without obtaining the authority of Parliament, and, whether the Legislature, in speaking of one, intends consequently, that the sale of railway scrip, after pro- many, or, speaking of land, means some interest in land visional, but before complete, registration of the rail- which is not land, or, speaking of any company, means way company, is not made illegal by the statute. Our anything but any company, and means, on the conreaders will probably recollect that this is the construc-trary, to exclude from the definition or description a tion of the statute which was contended for in this great many companies. In truth, an interpretation Work, (9 Jurist, 418); and it is with satisfaction that clause is, in nine cases out of ten, not in any sense a

e perceive, that, to a considerable extent, the argu- clause interpreting the act,—but no more than a dements to which recourse was had in the paper referred claration to the effect, that, whereas the act is so worded, to coincide with those that occurred to the court in to avoid the trouble of wording it better, that in a great Young v. Smith. It is not our present purpose to re- inany supposable cases it would, if construed according argue any of the points involved in the construction of to its actual words, be quite nonsense, the courts shall this statute with reference to the sale of railway scrip, not be bound to read the words as they are written, but though we may, perhaps, in a future Number resume shall make sense of them, if they can. It is bad enough the subject, particularly as it is understood that the de- for the public to suffer from the unavoidable doubts cision in Young v. Smith will not be acquiesced in. We that must arise upon the law, where the law is the reshall at present content ourselves with a few observa- sult of, or ratherisexpressed by, a series of decisions upon tions, suggested by what fell from the court in Young v. the application of one or more principles, the reason for Smith, directly or impliedly, upon the general character which is either lost in the obscurity of antiquity, or of our modern acts of Parliament. There is one observa- is only to be found in rules of property, originally tion in particular. made by one of the learned judges, framed when property was held under tenures, and the perfect correctness of which we believe none, not even was subservient, in the general opinion of mankind, to those who, it is said, intend to carry the case of Young v. I purposes of public policy, very different from those Smith further, will be found to dispute; and that is, the which prevail at this day. It is, we say, bad enough observation which fell from Mr. Baron Alderson with re- for the public, under such circumstances, to suffer from gard to that curse of modern acts of Parliament, the in- doubts and difficulties, which no intellects, bound by: terpretation clause. “If," said his Lordship, “it were not existing law, can entirely solve or remove; but .., the practice to insert interpretation clauses, the framers of is beyond all endurance, that, when the Legislature is. statutes would be obliged to express their meaning in in- 1 dealing with purely modern subjects,—with purely

VOL. X.

D

modern ideas and rules,—when it has, in truth, no dif- the Legislature; because, I must say, that I think we ficulty before it, but that of saying what specific new are bound, as much as we can, to give effect to what is regulations shall affect rights of property so modern,

m | discovered to be the intention of the Legislature; and,

| instead of giving effect to doubts where the language may that their very birth is remembered even by young

18 | be obscure, or not perfectly plain, I think we are bound, men, and of defining or describing what particular wherever we see the meaning and intention of the Leclasses of such new interests they intend to deal with; gislature, to put such a construction on the language it is, we say, beyond all endurance, when such only used as may give effect to the intention, if that intenare the difficulties with which the Legislature has to tion be sufficiently plain.” deal,—difficulties which, to be overcome, do not require

The maxim that his Lordship lays down, touching

the spirit in which statutes should be looked at, is, if the destruction of any rules of property, nor the recon

property, nor the recon- we may venture to offer our humble tribute to its ciling of any opposite reasonings, but merely the ex- merit, as sound in policy as it is true in law. But the pression in the English tongue of the meaning of the very necessity of giving it utterance, in reference to a framers of a statute that acts should issue from the most modern statute on a most modern subject-matgreat officina legum, on which even eminent judges are ter, and that in a form which seems to shew, that, obliged first to doubt, and only to be convinced by the unless the court threw round it the protection of such arguments of counsel, (see Mr. B. Platt's observations a maxim, the unfortunate statute would be unmain Young v. Smith), or with which they feel themselves nageable, is a necessity that ought not to exist, and obliged to deal so tenderly, as almost to excuse them- of which the commercial and legal public have deep selves for venturing to put a definite construction upon reason to complain. them. Observe the almost timid tone of the eminent Chief

COURT OF QUEEN'S BENCH. Judge of the court that decided Young v. Smith, and the sort of solicitude with which he seems to seek for

Jan. 28.—The court delivered judgment in the folsome half-constitutional maxim that will justify him

lowing cases :in understanding the 7 & 8 Vict. c. 110. “I think,” The Mayor, &c. of Colchester v. Brook-Rule discharged. said his Lordship, speaking of the 2nd and 26th sec Meyer v. Ward-Rule refused. tions of the act, is that, if the meaning of the Legisla- | Topham v. Price-Rule nisi : not to go into the New Trial ture were doubtful, we could not, comparing these two

Paper. sections together, and pronouncing judgment as to the

Elwell v. The Birmingham Canal Company–Judgment for de

fendants. legal effect of the language used in them, hold, that parties making such a contract as that now before us

EXCHEQUER CHAMBER. were liable to the penalties inflicted by the 26th section. But it is very satisfactory, I think, to be able to discover

(Error from the Queen's Bench). in this act of Parliament, other sections which shew that Feb. 3.—The court delivered judgment in this is the meaning which, probably, was intended by

Barry v. Arnaud —Judgment reversed.

CIRCUITS OF THE JUDGES.

(Mr. Justice CRESSWELL will remain in Town). HOME. MIDLAND. OXFORD. NORFOLK. NORTHERN. N. WALES. S. WALES. | WESTERN, SPRING CIRCUITS, Ld, Denman L.C.J.Tindal LCB Pollock B. Parke J. Patteson J. Williams J. Wightman

B. Rolfe 1846. B. Alderson J. Coltman B. Platt J. Maule J. Coleridge

J. Erle

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Maidstone
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