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In 8vo., price 15s. boards. Price 14s. boards, PRINCIPLES of the LAW of REAL PROPERTY, intended as a First Book for the Use of Students in Conveyancing. By JOSHUA WILLIAMS, Esq., of Lincoln's Inn, Barrister at Law. "Decidedly superior to any of its predecessors. A Work with which no Common law Student should neglect to provide himself at the outset of his Pupilage."-Warren's Law Studies, pp. 560, 766. "The want which the Student has felt, of an Elementary Guide to the Law of Real Property as it exists, and as it is practically important at the present day, Mr. Williams (who was already favourably known to the Profession by an edition of Watkins's Treatise on Descents, published in 1837) has endeavoured to supply by his present Work, and, we think, with eminent success. He has developed his plan with great clearness of method, in a lively and agreeable style."-Jurist. "In many important respects, a decided improvement upon its predecessors; and when the names of some of these are remembered, we think, that, in expressing this opinion, we are passing no slight praise apon Mr. Williams's book."-Law Magazine. "Of considerable use and merit. It appears to us written in a pleasing and agreeable style, and well calculated to make a favourable impression on the Student."-Law Review. Price 18. 6d. sewed, REMARKS on the ACTS of the SESSION 8 & 9 VICTORIÆ relating to REAL PROPERTY; with an Answer to the Question "Whether Attendant Terms ought still to be assigned to Trustees for Purchasers," intended as a SUPPLEMENT to "Principles of the Law of Real Property." By JOSHUA WILLIAMS, Esq., of Lincoln's Inn, Barrister at Law. A TREATISE on the LAW of EQUITABLE MORTGAGES' containing a Statement of the Law respecting the Liens of Vendors and Purchasers, of the Rights and Remedies of Equitable Mortgagees by Deposit of Deeds, of the Effect of Notice with regard to Equitable Mortgages, of the Priority of Judgments over Equitable Mortgages, with Observations on the Dictum of Lord Cottenham, and the Judgment of the Vice-Chancellor Wigram, in WHITWORTH V. GAUGAIN, and on the Course of Proceeding on the Bankruptcy of an Equitable Mortgagor; with an Appendix, containing the Judgment of the ViceChancellor Wigram in WHITWORTH V. GAUGAIN, Forms for Equitable Deposits, &c., and an Index. By SAMUEL MILLER, Esq., Barrister at Law. In 8vo., price 10s. boards. "Mr. Miller has stated every case that bears upon the subject, accompanied by very able and judicious remarks; and his work cannot fail to be highly acceptable to the practitioner."-Legal Observer. SWEET'S CONCISE PRECEDENTS IN CONVEYANCING. 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This day is published, in post 8vo., price 128., boards, GUIDE to the HISTORY of the LAWS and CONSTITUTIONS 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 Jurisprudence in those Colleges. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39 Bell-yard, Lincoln's Inn. Of whom may be had, just published, The LAW of INFERIOR COURTS, with the NEW ACT, and all SMITH'S MANUAL OF EQUITY JURISPRUDENCE. A MANUAL of EQUITY JURISPRUDENCE, as administered in England, founded on the Commentaries of Joseph Story, LL.D., and comprising, in a small compass, a numerous collection of POINTS constantly occurring in CHANCERY and CONVEYANCING, and in the general practice of a Solicitor. By JOSIAH W. SMITH, B.C. 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This Work, which has employed the Author's leisure time for upwards of ten years, is distinguished from every other in several particulars. In the first place, it is confined to the Law in its Present State. Whatever is mere matter of history has been excluded; and that which has been abolished by statute, but remains in force in respect of past transac tions, has been briefly touched upon. In the next place, it is confined to the Law as settled by the Decisions of the Courts, so far as anything in Law can be considered as settled. That which is confessedly not settled has been noticed, so as to shew the state of the Law, without entering into discussions on doubtful points. THE OREGON QUESTION DETERMINED by the which may be found treated of at large in other Treatises. RULES of INTERNATIONAL LAW. By EDWARD J. WALLACE, M.A., Barrister at Law, Bombay. A. Maxwell & Son, 32, Bell-yard, Lincoln's Inn. LIABILITIES OF RAILWAY SUBSCRIBERS. 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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 aforesaid; 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, January 31, 1846. No. 474-VOL. X. FEBRUARY 7, 1846. Price 1s., with Supplement, 28. 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:— telligible words." As it is, the interpretation clause is to the modern legislator, what the margin for contingencies is to the modern railway engineer. Whenever it is very difficult, or even a little troublesome, to state a clause of an act of Parliament with accuracy, the dif Our readers will have noticed, in THE JURIST of last week, the important case of Young v. Smith, (ante, p. 52), deciding that the prohibition contained in the 26th section 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 we 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- many 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 rather is expressed by, a series of decisions upon tions, suggested by what fell from the court in Young v. Smith, directly or impliedly, upon the general character of our modern acts of Parliament. There is one observation in particular made by one of the learned judges, the perfect correctness of which we believe none, not even those who, it is said, intend to carry the case of Young v. purposes of public policy, very different from 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 it 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-dealing with purely modern subjects, with purely VOL. X. D the application of one or more principles, the reason for which is either lost in the obscurity of antiquity, or is only to be found in rules of property, originally framed when property was held under tenures, and was subservient, in the general opinion of manki modern ideas and rules,-when it has, in truth, no difficulty before it, but that of saying what specific new regulations shall affect rights of property so modern, that their very birth is remembered even by young men, and of defining or describing what particular classes of such new interests they intend to deal with; it is, we say, beyond all endurance, when such only are the difficulties with which the Legislature has to deal,—difficulties which, to be overcome, do not require the destruction of any rules of property, nor the reconciling of any opposite reasonings, but merely the expression in the English tongue of the meaning of the framers of a statute,—that acts should issue from the great officina legum, on which even eminent judges are obliged first to doubt, and only to be convinced by the arguments of counsel, (see Mr. B. Platt's observations in Young v. Smith), or with which they feel themselves obliged to deal so tenderly, as almost to excuse themselves for venturing to put a definite construction upon them. Observe the almost timid tone of the eminent Chief Judge of the court that decided Young v. Smith, and the sort of solicitude with which he seems to seek for some half-constitutional maxim that will justify him in understanding the 7 & 8 Vict. c. 110. "I think," said his Lordship, speaking of the 2nd and 26th sections of the act, that, if the meaning of the Legislature were doubtful, we could not, comparing these two sections together, and pronouncing judgment as to the legal effect of the language used in them, hold, that parties making such a contract as that now before us were liable to the penalties inflicted by the 26th section. But it is very satisfactory, I think, to be able to discover in this act of Parliament, other sections which shew that this is the meaning which, probably, was intended by the Legislature; because, I must say, that I think we are bound, as much as we can, to give effect to what is instead of giving effect to doubts where the language may discovered to be the intention of the Legislature; and, be obscure, or not perfectly plain, I think we are bound, wherever we see the meaning and intention of the Legislature, to put such a construction on the language used as may give effect to the intention, if that intention be sufficiently plain." the spirit in which statutes should be looked at, is, if The maxim that his Lordship lays down, touching we may venture to offer our humble tribute to its merit, as sound in policy as it is true in law. But the very necessity of giving it utterance, in reference to a most modern statute on a most modern subject-matter, and that in a form which seems to shew, that, unless the court threw round it the protection of such a maxim, the unfortunate statute would be unmanageable, is a necessity that ought not to exist, and of which the commercial and legal public have deep reason to complain. |