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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.

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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.

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

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

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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

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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

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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



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.


(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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