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This day is published, price 2s. sewed,

THE BILL of EXCEPTIONS; being a Short Account of

its Origin and Nature, shewing by whom and to whom a Bill of Exceptions may be tendered; what may be the Subject of it; its Form, and Mode of tendering it; the Proceedings upon it; and the Mode of en

LAW BOOKS PUBLISHED BY STEVENS & NORTON,
26 and 39, Bell-yard, Lincoln's Inn.

COOPER'S REPORTS: IN CHANCERY, TEMP. LORD COTTEN-
HAM.

This day is published, price 108., Vol. 1, Part 1, (to be continued),

forcing the Statute. By JOHN RAYMOND, Esq., of the Middle REPORTS of CASES in CHANCERY, decided by Lord

Temple.

S. Sweet, Law Bookseller and Publisher, 1, Chancery-lane.

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Cottenham, commencing 7th July, 1846; with which are interspersed some miscellaneous Cases and Dicta, and various Notes. By CHARLES PURTON COOPER, Esq., one of her Majesty's Counsel. SIMONS'S REPORTS IN CHANCERY.

In a few days will be ready, Vol. 14, Part 2, of REPORTS of CASES in CHANCERY, decided by the Right Hon. Sir Lancelot Shadwell, Vice-Chancellor of England. By NICHOLAS SIMONS, Esq., of Lincoln's Inn, Barrister at Law.

SPENCE ON THE EQUITABLE JURISDICTION OF THE COURT OF CHANCERY.

In royal 8vo., Vol. 1, price 17. 118. 6d. boards, THE EQUITABLE JURISDICTION of the COURT of CHAN

LAW FIRE INSURANCE SOCIETY, CERY: comprising its Rise, Progress, and final Establishment; t

(Completely Registered under the Act 7 & 8 Vict., cap. 110).
Offices, Nos. 5 and 6, Chancery-lane, London."
Subscribed Capital, £5,000,000.
TRUSTEES.

THE RIGHT HON. THE LORD HIGH CHANCELLOR.
THE RIGHT HON. THE EARL OF DEVON.
THE RIGHT HON. THE VICE-CHANCELLOR OF ENGLAND.
THE RIGHT HON. THE LORD CHIEF BARON.
THE RIGHT HON. SIR HERBERT JENNER FUST, Dean of
the Arches, &c.

WILLIAM WINGFIELD, ESQ., Master in Chancery. RICHARD RICHARDS, ESQ., M.P., Master in Chancery.

DIRECTORS.

(The denotes a Director of the Law Life, and the + a Director of the Legal and General Life Insurance Society).

BETHELL, RICHARD, Esq., Q. C.

BIGG, EDWARD SMITH, Esq., Southampton-buildings.
BOODLE, JOHN, Esq., Davies-street, Berkeley-square.
*BROWN, ANTHONY, Esq., Chamberlain of London.
BUDD, THOMAS WILLIAM, Esq., Bedford-row.
CHICHESTER, J. H. R., Esq., Lincoln's-inn.
CHISHOLME, WILLIAM, Esq., Lincoln's-inn-fields.
CLARKE, THOMAS, Esq., Solicitor to the Ordnance.

COX, JOHN, Esq., Lincoln's-inn-fields.

JORTIN, LEE, Esq., Lincoln's-inn-fields.

KINDERLEY, GEORGE HERBERT, Esq., Lincoln's-inn. LEE, JOHN BENJAMIN, Esq., Dean's-yard, Westminster. +LYON, JAMES WITTIT, Esq., Spring-gardens.

ROSE, THE HON. SIR GEORGE, one of the Judges of the Court of Bankruptcy, and Master in Chancery.

SIMPKINSON, SIR FRANCIS, Q. C.

*SMEDLEY, FRANCIS, Esq., High Bailiff of Westminster. TATHAM, MEABURN, Esq., Lincoln's-inn-fields.

TILSON, THOMAS, Esq., Coleman-street.

*TWISS, HORACE, Esq., Q. C., Vice-Chancellor of Lancaster.
TYSSEN, JOHN R. D., Esq., Manor Offices, Hackney.
*VIZARD, WILLIAM, Esq., Lincoln's-inn-fields.

WHITE, EDWARD, Esq., Auditor of the Duchy of Cornwall.
WILDE, EDWARD ARCHER, Esq., College-hill.
+WING, THOMAS, Esq., Gray's-inn-square.

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Persons insured by this Society are not liable to be called upon to contribute towards Losses.

Agricultural produce and farming stock (live and dead), and implements and utensils of husbandry, may be insured on one farm, in one sum, without the average clause, at 3s. per cent. per annum free of duty. In order to meet covenants requiring continuance of Rent, notwithstanding destruction of Buildings by Fire, the Society will grant Insurances on Rent, the amount being specified in the Policy.

Losses occasioned by Fire from Lightning will be made good. Insurances may be made for more years than one by a single payment; and in such cases a liberal Discount will be allowed on both Premium and Duty: for instance, Insurances effected for seven years will be charged the Premium and Duty for six years only.

Insurances may be made for a less term than one year at a reduced Premium, and the proportionate part only of the Annual Duty; and such Insurances will terminate at four o'clock in the afternoon of the day mentioned in the Policy.

Insurances granted for a year or any longer term may be renewed within fifteen days after the expiration thereof.

Persons insured with this Society, and who may suffer loss, will receive their Indemnity without deduction or discount.

No charge will be made for the Policy where the sum insured amounts to 3007. Attendance given at the Office of the Society daily from Nine till Four, where parties may obtain any further information respecting the Terms on which Insurances may be effected.

E. BLAKE BEAL, Secretary,

which is prefixed, with a view to the Elucidation of the main Subject, a Concise Account of the Leading Doctrines of the Common Law, and of the Course of Procedure in the Courts of Common Law in regard to Civil Rights, with an attempt to trace them to their sources; and in which the various Alterations made by the Legislature down to the present day are noticed. By George spenCE, Esq., one of her Majesty's Counsel.

DANIELL'S CHANCERY PRACTICE.-SECOND EDITION. In 2 Vols. 8vo., price 31. 3s. boards, THE PRACTICE of the HIGH COURT of CHANCERY. By EDMUND ROBERT DANIELL, F.R.S. Second Edition, with several New Chapters, and considerable Alterations and Additions. adapting the Text to the last General Orders of May, 1845, and the De cisions of the Court up to the time of publication. By T. E. HEADLAM, Esq., of the Inner Temple, Barrister at Law.

MILLER'S ORDERS IN CHANCERY.-SECOND EDITION.
In 12mo., price 148. boards,

THE ORDERS of the HIGH COURT of CHANCERY, from HILARY TERM, 1800, to MICHAELMAS TERM, 1845, with an Analysis of the Orders; the Statutes relating to Pleading and Practice in that Court, including Sugden's Acts, with Notes of the Decisions upon the above Orders and Statutes, and Explanatory Observations. Second Edition. By SAMUEL MILLER, Esq., Barrister at Law.

SMITH'S MANUAL OF EQUITY JURISPRUDENCE.
In 12mo.. price 8s. boards,

A MANUAL of EQUITY JURISPRUDENCE, as administered in England, founded on the Commentaries of Joseph Story, LL.D., one of the Justices of the Supreme Court of the United States, 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.L., of Lincoln's Inn, Barrister at Law.

"A manual especially adapted to the exigences of a solicitor's practice."-Jurist, No. 465.

STARKIE'S LAW OF EVIDENCE.-THIRD EDITION.

In 3 Vols. royal 8vo., price 41. 14s. 6d. boards,

A PRACTICAL TREATISE of the LAW of EVIDENCE, and DIGEST of PROOFS in CIVIL and CRIMINAL PROCEEDINGS. Third Edition, with very considerable Alterations and Additions. By THOMAS STARKIE, Esq., of the Inner Temple, one of her Majesty's Counsel.

SELWYN'S NISI PRIUS.-ELEVENTH EDITION.
Dedicated to his Royal Highness Prince Albert.
In 2 Vols. royal 8vo., price 21. 108. boards,

An ABRIDGMENT of the LAW of NISI PRIUS. Eleventh Edition, enlarged and much improved, with the Statutes and Cases brought down to Hilary Term, 1845. By WILLIAM SELWYN, Esq., of Lincoln's Inn, one of her Majesty's Counsel, late Recorder of Portsmouth, LITTLETON'S TENURES.

In a small Pocket Volume, price 6s., LITTLETON'S TENURES IN ENGLISH. A new Edition, corrected, handsomely printed in a very small pocket volume.

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A PRACTICAL and ELEMENTARY ABRIDGMENT of the COMMON LAW, designed either as a Supplement to the Author's Abridgment, or as a Separate Work. By CHARLES PETERSDorff, Esq., of the Inner Temple, Barrister at Law.

BEAUMONT on fire and LIFE INSURANCE.
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THE LAW of FIRE and LIFE INSURANCE, with the latest Decisions, and an Appendix, containing Tables for Three Lives, Tables for Benefit Clubs, and other Practical Rules and Tables. By GEORGE D. B. BEAUMONT, Esq., Barrister at Law. Second Edition. UDALL ON THE NEW COUNTY COURTS ACT. In 12mo., price 4s. boards,

THE NEW COUNTY COURTS ACT, 9 & 10 Vict. cap. 95, for Debts, Damages, Replevin, &c.; with Notes Critical and Explanatory; including Decisions in the Courts of England and Ireland on Statutes having similar Enactments. By HENRY UDALL, Esq., of the Inner Temple, Barrister at Law.

JAGOE ON THE SMALL DEBTS ACT. In 12mo., price 4s. 6d. boards, THE PRACTICE of the COURTS under the 9 & 10 Vict. cap. 95, for the RECOVERY of SMALL DEBTS in ENGLAND; with Notes, Comments, and Decisions on analogous Statutes. By JOHN JAGOE, Esq., Barrister at Law.

perience and Good Address, to conduct Portions of a varied Prac

Volume I, Part 4, of

LAW.-WANTED, as MANAGER, a Gentleman of Ex-PHILLIPS'S REPORTS IN THE HIGH COURT OF CHANCERY. tice, without the assistance of the Principal. Being on the Rolls will MR. PHILLIPS'S REPORTS will be published in a few

not be an objection. A. B. C., 23, Martin's-lane, Cannon-street.

ARTICLED CLERK WANTED.-Wanted, in a Solici

tor's Office of good General Practice in a Country Town, an Articled Clerk, who may, if wished, be boarded and lodged in the family

days; and the Fifth Part, completing Lord Lyndhurst's Judg ments, will shortly be published. M. Phillips's Reports, containing the Judgments of Lord Cottenham, will be regularly continued. William Benning & Co., Law Booksellers, 43, Fleet-street.

of the principal, For particulars as to premium, apply to Messrs. THE LAW REVIEW for NOVEMBER, Price 58.Hawkins & Co., 2, New Boswell-court, Carey-street, London.

TO the LEGAL PROFESSION.-A Solicitor in Man

chester, desirous of retiring from practice in consequence of illhealth, wishes to dispose of his business and offices. His connection is of the first respectability. Unqualified testimonials of any gentleman who may be disposed to treat for the same will be required. Address, post paid, Alpha, box 154, Post-Office, Manchester.

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THE NEW COUNTY COURTS.

Just published, in 8vo., Part 1, price 8s. boards,

A TREATISE ON, by J. MOSELEY, Esq., Barrister at

Law, compiled from the Statute, and the Common Law. Part I: COURTS-Création of Nature of- When held-Where held-Courthouses; OFFICERS, Judicial and Ministerial-Appointment of Powers

Contents:-1. Life and Writings of Savigny. 2. Estates for Life. 3. Novels. 4. New Tribunals for Railway and other Private Bills. 5. Frauds in Bankruptcy. 6. Origin of the Common Law. 7. Recollections of a Welsh Judge, No. 4. 8. Sir Charles Wetherell. 9. Prison Discipline-the Separate System. 10. Mr. Justice Williams. 11. Mr. Stewart's Letter to Landowners. 12. The New County Courts. 13. Adjudged Points. 14. Events of the Quarter, and Progress of Legislation, Owen Richards, Law Bookseller and Publisher, 194, Fleet-street. This day is published, in 2 vols., post 8vo., price 25s., the Second Edition of

DEACON'S LAW and PRACTICE of BANKRUPTCY, with a Collection of Forms and Precedents, and Practical Notes, By EDWARD E. DEACON, Esq., Barrister at Law. Revised and corrected by the Author; with some additional References and Notes, by JOHN DE GEX, Esq., Barrister at Law.

Vol. I. The LAW and PRACTICE of BANKRUPTCY. Vol. II. STATUTES, PRECEDENTS, and PRACTICAL FORMS relating to BANKRUPTCY. Shaw & Sons, Fetter-lane.

Just published, in 1 thick vol., 12mo., price 25s. boards,

and Duties of Deputies-Fees-Compensation-Offences by-Sale of A SUMMARY of the LAW of MODERN PLEADING,

Office. With the Act.

Part II, containing titles Jurisdiction, Process, Trial, &c., to be published forthwith.

Stevens & Norton, Bell-yard, Lincoln's-inn.

STORY'S (JUDGE) COMMENTARIES on EQUITY

PLEADINGS, and the Incidents thereto, according to the Practice of the Courts of Equity in England and America. Third Edition. Royal 8vo., price 11. 11s. 6d. boards. STORY'S (W. W.) TREATISE on the LAW of CONTRACTS NOT UNDER SEAL. Royal 8vo. price 17. 38. bound.

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In royal 8vo., price 15s. boards. DIGEST of CASES argued and determined in the Arches and Prerogative Courts of Canterbury, the Consistory Court of London, and in the High Court of Delegates; contained in the Reports of Sir G. Lee, Phillimore, Addams, and Haggard. By EDWIN MADDY, Esq., D.C.L., Barrister at Law.

William Benning & Co., Law Booksellers, 43, Fleet-street. LAW BOOKS RECENTLY PUBLISHED BY W. BENNING & CO.,

Law Booksellers, 43, Fleet-street.

CHITTY, JUN., ON PLEADING.-SECOND EDITION.
In royal 8vo., price 17. boards.

PRECEDENTS in PLEADING, with copious Notes on

Pleading, Practice, and Evidence. By the late JOSEPH CHITTY, Jun., Esq. The Second Edition, containing References to all the Cases decided upon the New Rules of Pleading, and short preliminary Observations on the more important Subjects. By HENRY PEARSON, Esq., of the Middle Temple, Barrister at Law. In Two Parts. Part I. Part II is in the press, and will shortly be published.

ROSCOE'S CRIMINAL EVIDENCE.-THIRD EDITION.
In royal 12mo., price 11. 5s. boards.

A DIGEST of the LAW of EVIDENCE in CRIMINAL CASES. By HENRY ROSCOE, Esq., of the Inner Temple, Barrister at Law. Third Edition, with considerable Additions. By T. C. GRANGER, Esq., Barrister at Law.

SAUNDERS'S REPORTS.-SIXTH EDITION.

In 3 vols. royal 8vo., price 41. 48. boards. THE REPORTS of the most learned Sir EDMUND SAUNDERS, Knt., late Lord Chief Justice of the King's Bench, of several Pleadings and Cases in the Court of King's Bench, in the Time of the Reign of his most excellent Majesty King Charles the Second. Edited, with Notes and References to the Pleadings and Cases, by JOHN WILLIAMS, one of his late Majesty's Serjeants-at-Law. The Fifth Edition, by JOHN PATTESON, of the Middle Temple, Esq., now one of the Judges of the Court of Queen's Bench; and EDWARD VAUGHAN WILLIAMS, of Lincoln's Inn, Esq., Barrister at Law. Sixth Edition, by EDWARD VAUGHAN WILLIAMS, Esq.

ROSCOE'S NISI PRIUS EVIDENCE.-SIXTH EDITION.
In royal 12mo., price 1. 48. boards.

A DIGEST of the LAW of EVIDENCE on the TRIAL of ACTIONS

incident to the Rules of Hilary Term, 1834; with such of the Deep sions on Practice, Evidence, and Costs, as are closely connected with that subject. Also, copious Analysis of the Cases and Pleadings. By ROBERTS PHILIP TYRWHITT, Esq., of the Middle Temple, Barrister at Law.

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"The reports of the "Common-law Commissioners" suggested extensive changes in the practice on this important subject, (Pleading), which changes, whether improvements or not, were sanctioned by Parliament, and embodied by all the common-law courts in general rules, dated Hilary Term, 1834. It was then sought to adapt old principles to modern exigencies, and to link the present with the past by regulating the transi tion-with what success the work before us attempts to develope. It embodies in its text the pith of the decisions on "Modern Pleading," as incident to the above "rules," and condenses in the notes other valuable matter at present spread over lengthy "reports." The latter feature is adapted to render the volume more extensively useful in courts of Nisi Prius, particularly on the circuits, and in the library of country practitioners. Nor is it rigorously limited to its chief object; but includes the course of decisions on the replication de injuriâ in its extended application, as well as on the modern acts respecting land, tithes,

mines, commons, ways, and easements, together with so much of the law of amendment, evidence, and costs as elucidates the new rules of pleading. On the whole, this work appears to have been prepared with much care and industry, and will be found to afford in small comparative compass a useful adjunct to the works of Stephen and Chitty."-Times, Oct. 29th, 1846.

S. Sweet, 1, Chancery-lane; V. and R. Stevens & G. S. Norton, Bellyard, Lincoln's-inn.

VALUABLE LAW LIBRARY of the late Sir CHARLES WETHERELL, Knt., with a Good Collection of the Greek and Latin Classice, and English Literature, by the best Authors.

MR. HAMMOND is DIRECTED to REMOVE and

SELL at his large Rooms, 28, Chancery-lane, on MONDAY, Nov. 30th, and following Day, at 12 o'clock, the above Library of 2500 Vlumes; including the Statutes at Large, 4to., with Continuations to 89 Vict.; Journals of the House of Lords and Commons; Viner's Abridg ment, and Supplement: Vesey jun.'s Reports, Dickens, Atkins, Vernon, Peere Williams, Strange, Ambler, Eden, Brown, Merivale, Swanston, Jacob & Walker, Turner & Russell, Russell, Russell & Mylne, Mylne & Craig, Mylne & Keene, Maddocks, Simons & Stuart, Beavan, Robinson, Acton, Haggard, Dumford & East, Maule & Selwyn, Barnewell & Cresswell, and General Books of Reference and Practice, &c.. many of which are enriched with his MS. Notes; together with the Mis cellaneous Library, consisting of many rare and useful Works. To be viewed Two Days prior to the Sale, and Catalogues to be had, 6d. each, at his Estate Agency Offices, Nos. 28, Chancery-lane, and 30, Bell-yard, Lincoln's-inn.

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Mr. HODGSON will SELL by AUCTION, at his Great Room, 192, Fleet-street, (Corner of Chancery-lane), on WEDNESDAY nexj, Nov. 11th, and THURSDAY, Nov. 12th, at half-past 12,

at NISI PRIUS. By HENRY ROSCOE, Esq., of the Inner Temple, THE VALUABLE LAW LIBRARY of a BARRIS

Barrister at Law. Sixth Edition, with considerable Additions. By
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PHILLIPPS ON EVIDENCE.-NINTH EDITION.
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A TREATISE on the LAW of EVIDENCE. Ninth Edition, with considerable Alterations and Additions. By S. M. PHILLIPPS, Esq. STEPHEN ON PLEADING.-FIFTH EDITION.

A TREATISE on the PRINCIPLES of PLEADING in CIVIL ACTIONS; comprising a Summary View of the whole Proceedings in a Suit at Law. By HENRY JOHN STEPHEN, Serjeant-at-Law. The Fifth Edition.

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TER of the INNER TEMPLE, retired from the Profession o account of ill-health: including the Year Books; Dugdale's Origines Juridicialis, illustrated; Spelman's Glossary; Rushworth's Historical Collections; Gibson's Codex Juris Ecclesiastici Anglicani; a fine Set of Ruffhead's Statutes at Large to 5 & 6 Victoria; Howell's State Trials: Hansard's Parliamentary History and Debates; Petersdorff's, Viner's, and Bacon's Abridgments; Series of the Modern Reports in the Equity, Law, Admiralty, and Ecclesiastical Courts, complete to the present time; Treatises and Books of Practice: the whole in good preservation. To be viewed, and Catalogues had.

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, LA BOOKSELLER and PUBLISHER, residing at No. 11, John Street, Bedford Row, in the County of Middlesex. Saturday, November 7, 1846.

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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:

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It is curious to observe the exceptions which the progress of society has caused to be ingrafted on the common-law rule, "Actio personalis moritur cum persona." The principle of the common law was, that, if any injury were done either to the person or the property of another, for which damages only could be recovered in satisfaction, the action died with the person to whom or by whom the wrong was done. Thus, where the action was founded on any malfeasance or misfeasance, was a tort, or arose ex delicto, such as trespass for taking goods, &c., trover, false imprisonment, assault and battery, slander, deceit, diverting a watercourse, obstructing lights, escape, and many other cases of the like kind, where the declaration imputes a tort done either to the person or the property of another, and the plea must be not guilty, the rule was "Actio personalis moritur cum persona." The first alteration in this rule was made by stat. 4 Edw. 3, c. 7, (De bonis asportatis in vita testatoris), which, reciting, that in time past executors have not had actions for a trespass done to their testators, as of the goods and chattels of the said testators carried away in their life, and so as such trespasses have remained unpunished, enacts, that the executors in such cases shall have an action against the trespassers, and recover their damages in like manner as they whose executors they be, should have had if they were living. The remedy above given was extended by the stat. 25 Edw. 3, c. 5, to executors of executors; and, by an equitable construction of the first statute, to administrators. This statute, indeed, being a remedial law, has always been expounded largely, and, though it makes use of the word "trespasses" only, has been extended to other cases within its meaning and intent. By the construction put upon it, an executor or administrator might have the same actions for any injury VOL. X.

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done to the personal estate of the testator in his lifetime, whereby it became less beneficial to the executor, as the testator himself might have had, whatever the form of action might be, (Latch. 169): trespass or trover,-action for a false return,—for an escape,-debt on a judgment against an executor suggesting a devastavit,-action for removing goods taken in execution before the testator (the landlord) was paid a year's rent, and other actions of the like kind, for injuries done to the personal estate of the testator in his lifetime. But neither in terms nor by construction did thes tatute of Edward III extend to injuries done to the person or to the freehold of the testator: therefore, an executor or administrator cannot have actions of assault and battery, false imprisonment, slander, deceit, nor, as the law stood under that statute, for diverting a watercourse obstructing lights, cutting trees, and other actions of the like kind.

The want of a remedy for injuries done to the freehold of the testator, led to the next statutory alteration of the common-law rule.

Amongst the various amendments of the law introduced by the stat. 3 & 4 Will. 4, c. 42, the 2nd section enacted, that an action of trespass, or trespass on the case, might be maintained by the executors or administrators of any person deceased, for any injury to the real estate of such person, committed in his lifetime, for which an action might have been maintained by such person, so as such injury shall have been committed within six calendar months before the death of such deceased person; and provided such action shall be brought within one year after the death of such person; and the damages, when recovered, shall be part of the personal estate of such person. And, further, that an action of trespass, or trespass on the case, might be maintained against the executors or administrators of any person deceased, for any wrong committed by him

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shall have been caused; that the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit the action shall be brought; and that the amount recovered shall be divided amongst those parties in such shares as the jury, by their verdict, shall find and direct. We presume, that, in estimating the damages, the jury will be expected to take into consideration the pecuniary injury the parties have received. Now, it may often happen, that the parties for whose benefit the action is allowed to be brought have sustained no pecuniary injury whatever-that has fallen upon others. Is the wrongdoer in such a case to have the benefit of it? Suppose, for instance,-what will, no doubt, be very common,—the death of a person whose life is insured. In a pecuniary point of view, this would be a benefit to the parties for whom the action might be brought, and, therefore, that element of the damages ought to be excluded. But the insurers, who really sustain that portion of the injury, cannot bring an action, or recover any damages.

Many similar cases might be put, in all of which the action allowed by this act will fail of doing justice to but a very imperfect remedy for the defect hitherto exthose who are really injured. It seems to us to afford isting in the law; and we venture to think that the simplest and boldest course would have been the bestto give to executors and administrators a right of action in such cases, and direct that the damages recovered should be considered part of the personal estate.

in his lifetime to another, in respect of his property,
real or personal, so as such injury shall have been
committed within six calendar months before such per-
son's death, and so ds such action shall be brought
within six calendar months after such executors or ad-
ministrators shall have taken upon themselves the ad-
ministration of the estate and effects of such person.
But actions for injuries to the person remained subject
to the common-law rule, "Actio personalis moritur cum
persona." The executors of a deceased person could
not bring an action for the most grievous injury to
him; and the strictness of the rule led to the anomaly,
that, if a person received an injury through the default
or negligence of another, which stopped short of causing
his death, he might bring an action and recover ample
damages; but if the injury was so great as to produce
death, all right of action was gone, and no damages could
be recovered. This state of the law had been often com-
plained of, but would probably have remained unaltered
had not railway travelling furnished examples, too
striking to be passed over, of its repugnance to common
sense and justice. Accordingly, the Legislature has, in
the last session, in conformity with the laws of most
foreign countries, made a further encroachment on the
common-law rule, in the "Act for compensating the
Families of Persons killed by Accidents." This act
recites, that no action at law was maintainable against
a person who, by his wrongful act, neglect, or default,
may have caused the death of another person, and it is
oftentimes right and expedient that the wrongdoer in
such case should be answerable, in damages, for the
injury so caused by him; and enacts, that, whensoever
the death of a person shall be caused by wrongful act,
neglect, or default, and the act, neglect, or default is
such as would (if death had not ensued) have entitled
the party injured to maintain an action and recover da-
mages in respect thereof, then and in every such case
the person who would have been liable if death had
not ensued shall be liable to an action for damages, not-
withstanding the death of the person injured, and al-
though the death shall have been caused under such
circumstances as amount in law to a felony. Having
thus resolved to destroy the principal relic of the com-
mon-law doctrine, it would have been well, we think,
if the Legislature had simply directed that the damages
recovered in the action should form part of the personal
estate of the person injured, in the same manner as any
other damages recovered by an executor. There seems
no sound reason why the compensation for the death of
a person should not be applied in the same manner and
for the same objects as the fruits of his industry would
have been if he had lived-why his creditors should not
have the same claim upon the former as they would Camb.
have had upon the latter,-or why the one should not be
as much within his disposition by will as the other.
But the Legislature appears to have been startled at
the boldness of its infringement upon the common-
law, and to have wished to call to its assistance the
softer feelings of our nature. What it hesitated to
grant to the claims of strict justice, it thought grace-
fully to yield to those of kindred and affection. It
has, therefore, introduced an anomalous kind of action,
by providing that it shall be for the benefit of the wife,
husband, parent, and child of the person whose death

COURT OF EXCHEQUER. MICHAELMAS TERM.-10 VICTORIÆ.-Nov. 12.

This Court will hold Sittings on Friday the 27th and Saturday the 28th days of November instant, and also three next following days, and also on Saturday the on Wednesday the 2nd day of December next, and the 12th day of December next, and will proceed in disposing of the business then pending in the Special Paper. BY THE COURT.

Read in open Court.-E. BENNETT.

LIST OF SHERIFFS NOMINATED BY THE
LORDS OF THE COUNCIL FOR 1847.

Bedfordshire.-Robert Newland, Esq., Kempston.

Thomas Abbott Green, Esq., Pavenham.
Berkshire.-Wm. Henry Stone, Esq., Streatley House.
Richard Gilpin, Esq., Hockliffe Grange.
John Hopkins, Esq., Tidmarsh.

Robert Allfrey, Esq., Wokefield Park. Buckinghamshire.-The Baron Meyer Amschel de Rothschild, Mentmore.

William Lowndes, Esq., The Bury, Chesham.
John Kay, Esq., Fulmer.

and Hunt.-Robert Francis Pate, Esq., Wisbeach.
John Vipan, Esq., Sutton.

Cheshire.-Ralph Gerard Leycester, Esq., Toft Hall.
Wm. Whiting, Esq., Manea and Thorney Abbey.
Henry Brooke, Esq., Grange.

Thomas Wm. Tatton, Esq., Withenshaw.
Cornwall.-Nicholas Kendall, Esq., Pelyn.

Sir Wm. Pratt Call, Bart., Whiteford House.
William Daubuz, Esq., Killiou.
Cumberland.-Gilfrid William Hartley, Esq., Rose Hill.
Henry Dundas Maclean, Esq., Lazonby.

Derbyshire.-John Bell Crompton, Esq., Milford.
Andrew Fleming Hudleston, Esq., Hutton-John.
Sir Robert Burdett, Bart., Foremark.
Jedediah Strutt, Esq., Belper.

Sir Francis Dugdale Astley, Bart., Everley. John Bird Fuller, Esq., Neston House.

Devonshire.-Sir J. P. B. Chichester, Bart., Arlington Court. Wiltshire.-Wadham Locke, Esq., Ashton, Gifford House.
Henry Champernowne, Esq., Dartington.
Henry Richard Roe, Esq., Guaton House.
Dorsetshire.-Thomas Bowyer Bower, Esq., Iwerne Minster.
H. J. Reuben, Earl of Portarlington, Milton Abbas.
John Gooden, Esq., Over Compton.

Durham.-John Fawcett, Esq., South Bailey.

Sir Wm. Eden, Bart., Windleston Hall.
Henry John Spearman, Esq., Newton Hall.
Essex.-Wm. Coxhead Marsh, Esq., Park Hall, Thoydon
Garnon, Epping.

Beale Blackwell Colvin, Esq., Mangham's Hall,
Waltham Holy Cross.

Charles Preston, Esq., Luthers, near Sewardstone. Gloucestershire.-Wm. Edwards Lawrence, Esq., Greenway House, Badgeworth.

Charles Greenaway, Esq., Little Barrington.

Thos. Barwick Lloyd Baker, Esq., Hardwick Court.

Herefordshire.-Thomas Hill, Esq., Felton.

Sir Velters Cornewall, Bart., Moccas. Robert Maulkin Lingwood, Esq., Lystone. Hertfordshire.-H. Harper Burchell, Esq., Bushey Grange. William Parker, Esq., Ware Park.

Fulke Southwell Greville, Esq., North Mimms Park.

Kent.-John Pelly Atkins, Esq., Halstead.

John Ashley Warre, Esq., Ramsgate.
William John Evelyn, Esq., St. Clair.
Leicestershire.-William Wootton Abney, Esq., Swepstone.
Henry Freeman Coleman, Esq., Evington Hall.
John Goodacre, Esq., Lutterworth.

Lincolnshire.-Theophilus Fairfax Johnson, Esq., Spalding.
Richard Ellison, Esq., Sudbrooke Holme.
James Whiting Yorke, Esq., Walmsgate.
Monmouthshire.-C. J. Kemeys Tynte, Esq., Cefnmably.
William Mark Wood, Esq., Rumney.
John Jones, jun., Esq., Llanarth Court.
Norfolk.-Wyrley Birch, Esq., Wretham.

Sir Jacob H. Preston, Bart., Beestone St. Lawrence.
William Mason, Esq., Necton.

Northamptonshire.-Thomas Tryon, Esq., Bulwick Park.
John Monckton, Esq., Fineshade Abbey.

The Hon. Henry Hely Hutchinson, Lois Weedon. Northumberland.-J. H. Hollis Atkinson, Esq., Angerton. George Burden, Esq., Hedden House.

William Hodgson Cadogan, Esq., Brinkburn Priory. Nottinghamshire.-John Vere, Esq., Carlton-upon-Trent. John Wetham, Esq., Kirklington.

John Henry Manners Sutton, Esq., Kelham.

Oxfordshire. Samuel Weare Gardiner, Esq., Coombe Lodge,

Whitchurch.

Matthew Piers Watt Boulton, Esq., Great Tew.
Henry Baskerville, Esq., Crowsley Park.

Rutlandshire.-Inchley Taylor, Esq., Preston.

John Walker, Esq., Wardley.

The Hon. Charles George Noel, (commonly called
Lord Viscount Campden), Flitteris Park.
Shropshire.-Joseph Venables Lovett, Esq., Belmont.
Sir Edward Blount, Bart., Mawley Hall.
John Salway, Esq., The Moor.

Somersetshire.-J. M. Quantoch, Esq., Norton-sub-Hamdon.
Edward Ayshford Sanford, Esq., Nynehead-court.
Sir C. Abraham Elton, Bart., Clevedon.
Staffordshire.-Sir E. Dolman Scott, Bart., Great Barr.
The Hon. Frederick Gough, Perry Barr.
Charles Arkwright, Esq., Dunstall.
Southampton.-Lancelor Archer Burton, Esq., Woodlands

Emsworth.

John Wood, Esq., Thedden Grange, Alton. William Garnier, Esq., Rooksbury, Wickham. Suffolk.-Henry James Oaks, Esq., Nowton Court.

Thomas James Ireland, Esq., Ousden Hall. Charles A. Lord Huntingfield, Hivengham Hall. Surrey.-Joseph Bonson, Esq., Poulsden.

F. Boyle Shannon Wilder, Esq., Busbridge Hall. Lee Steere, Esq., Jayes, Dorking. Sussex.-W. Gratwicke Kinleside Gratwicke, Esq., Ham. Sir S. Branthwaite, Bart., Peckham Micklethwaite. Sir Henry Shiffner, Bart., Coombe.

Warwickshire.-W. C. Russell, Esq., Leamington Priors. George Whieldon, Esq., Springfield House. Thomas Dilke, Esq., Maxtoke Castle.

Worcestershire.-Edw. Gresley Stone, Esq., Chambers-court.
Joseph Frederick Ledsam, Esq., Northfield.
James Moilliet, Esq., Selly Hall.

Yorkshire.-George Lane Fox, Esq., Bramham Park.
Joseph Dent, Esq., Ribston Park.
Yarburgh Greame, Esq., Sowerby.

WALES.

Anglesey.-The Right Hon. Spencer Bulkeley, Lord Newborough, Treiddon.

Sir Harry Dent Goring, Bart., Trysglwyn.
Richard Griffith, Esq., Bodowyr Isaf.

Breconshire.-Rhys Davies Powel, Esq., Graig-y-Nos.
Penry Williams, Esq., Cefn Parc.
William Pearce, Esq., Ffrwdgrech.
Carnarvonshire.-Thomas Wright, Esq., Derwen-fawr.
George Augustus Huddart, Esq., Brynkir.
William Henry Foley, Bryn Eryr.

Carmarthenshire.-Seymour Phillipps Allen, Esq., Kencerd.
Thomas Morris, Esq., Greencastle.
Sir James Cockburn, Bart., Ddobgwm.

Cardiganshire.-Alban Thomas Davies, Esq., Tyglyn.

Abraham Grey Harford Battersby, Esq., Peterwell.
Matthew Davies, Esq., Tanybwlch.

Denbighshire.-R. Lloyd Edwards, Esq., Bronhaulog Abergele.
Richard Jones, Esq., Belham Place, Rhuabon.
Christ. Leyland, Esq., Nantclwyd Hall, Ruthin.
Flintshire.-Llewelyn Falkener Lloyd, Esq., Nannerch.
Sir William Henry Clerke, Bart., Mertyn.
John Whitehall Dod, Esq., Cloverley.
Glamorganshire.-Thomas Wm. Booker, Esq., Velindra.
Nash Vaughan Edwards Vaughan, Esq., Rheola.
Rowland Fothergill, Esq., Hensol Castle.
Montgomeryshire.-Edward Gatacre, Esq., Nantymeichied.
Christopher Bullin, Esq., Brynllwyarch.
John Vaughan, Esq., Penmaen Dovey.
Merionethshire.-J. Griffith Griffith, Esq., Faltreuddyn-fawr.
Hugh Jones, Esq., Gwernddelwa.

Robert Davies Jones, Esq., Cyfronydd.
Pembrokeshire.-Thomas Davies Lloyd, Esq., Kilehew.
William Henry Lewis, Esq., Clynfiew.
Owen Owen, Esq., Cwm Gloyn.

Radnorshire.-John A. Whittaker, Esq., Newcastle Court.
John Williams, Esq., Skreen.
Henry Miles, Esq., Downfield.

WILLIAM

London Gazettes.

TUESDAY, NOVEMBER 10.

BANKRUPTS.

TROWBRIDGE, Lawrence-lane, London, woollen draper, dealer and chapman, Nov. 20 at half-past 12, and Dec. 19 at 2, Court of Bankruptcy, London: Off. Ass. Whitmore; Sol. Wollen, 30, Bucklersbury.- Fiat dated Nov. 7.

DAVID PATTIE, St. Alban's-place, Edgeware-road, Middlesex, stationer, dealer and chapman, Nov. 18 at half-past 11, and Dec. 19 at half-past 1, Court of Bankruptcy, London: Off. Ass. Alsager; Sol. Swan, Eldon-chambers, Devereux-court, Temple.-Fiat dated Nov. 7. WILLIAM ALLEN, Wheeler-st., Spitalfields, Middlesex, scale board manufacturer and stationer, Nov. 19 at 11, and Dec. 18 at 1, Court of Bankruptcy, London: Off. Ass. Pennell: Sol. Roberts, Temple-chambers, Falcon-court.Fiat dated Nov. 7.

HENRY GODFREY, Milton-next-Gravesend, Kent, builder and undertaker, dealer and chapman, Nov. 18 at 2, and Dec. 18 at 12, Court of Bankruptcy, London: Off. Ass. Belcher; Sol. Buchanan, Basinghall-street, London.-Fiat dated Nov. 6.

THOMAS WYATT, Oxford-terrace, King's-road, Chelsea, Middlesex, builder, timber merchant and coal agent, dealer and chapman, Nov. 26 at 12, and Dec. 18 at 2, Court of Bankruptcy, London: Off. Ass. Edwards; Sols. Bruner, Oxford Spencer, Verulam-buildings, Gray's-inn.-Fiat dated Nov. 9.

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