IN

of the law respecting, and how decisions under 6 Geo. 4,
c. 94, are affected by present act, 201

AGENTS AND FACTORS. Article on recent act amend-
ing the law as regards bona fide advances made to agents
intrusted with goods, 201

abstract of act, 5 Vict. c. 39, 276

AFFIDAVIT required in Court of Probate to explain irregu-
larities in attestations to wills, 43

must shew compliance with act, or court will refuse pro-
bate, ib.

ALIENATIONS OF PROPERTY. Observations as to fis-
cal duties imposed on alienations of real as compared
with those on the devolution of personal property, 157
ALTERATIONS IN WILL, made after execution, must be
executed and attested in like manner as a will, 43
ANECDOTES. A lawyer's power of animal magnetism, 44
ANIMAL MAGNETISM. Lord Brougham's powers of, over
a witness he was about to cross-examine, 45
ANNUAL RESTS. Article respecting, between mortgagor
and mortgagee, 226

ANSTEY, Mr. His Guide to the Laws of England affecting
Roman Catholics. See REVIEW, 250

APPELLATE JURISDICTION of House of Lords. Re-
jection of Lord Campbell's proposed bill to effect alter-
ation in, 69, 131

APPOINTMENTS (LEGAL). George Aubert, Esq., to be
her Majesty's Attorney-General in the Island of St.
Lucia, 228

Balguy, Esq., Daniell, Esq., William Skirrow,
Esq., Charles Phillips, Esq., Mr. Serjt. Ludlow,
Montague Bere, Esq., Mr. Serjt. Stephen, R. Ste-
venson, Esq., Mr. Serjt. Goulburn, N. Ellison,
Esq., to be Commissioners of Bankrupt under New
Bankrupt Act, 407

Alfred Septimus Dowling, Esq., to be Serjeant at Law, 487
Louis Hypolite Lafontaine, Esq., to be Attorney-General
of Lower Canada, 479

Thomas Cushing Aylwyn, Esq., to be Solicitor-General
of Lower Canada, ib.

Robert Baldwin, Esq., to be Attorney-General of Upper

Canada, ib.

James Edward Small, Esq., to be Solicitor-General of
Upper Canada, ib,

APPORTIONMENTS. How to be made under Copyhold
Commutation Act, 4 & 5 Vict. c. 35, 16

ARTICLES OF WAR. Article on the subject of, with re-
ference to Mutiny Act and Courts Martial, 117

ARTICLES. On the mode in which the future numbers of
the Jurist will be conducted, 1

proposed enlargement, embracing full reports of all
the courts, ib.

on the resolutions of the Birmingham Law Society, that
the seller of a real estate should have the expense
of deducting and verifying title to property he
offers to sell, 2

absurdity of attempt on their part to dictate to buyers
and sellers the terms on which they shall deal, 2, 22
propriety of special conditions of sale discussed, 22, 29
on the amount of evidence requisite to support application
for a criminal information, 2

principle laid down by Denman, C. J., that the court
requires the same amount of evidence which a
grand jury would require, 2

Lord Somers's tract on duties of grand jury herein, 3
on the subject of protection given by 6 Geo. 4, c. 16, and
subsequent bankrupt acts, to persons dealing with
traders, 13

respective provisions of considered, 13, 14
judgments and executions, how far protected, ib.
payments without notice, 14

to what extent an execution must proceed before fiat
to be protected, ib.

on copyhold commutations and enfranchisements under
4 & 5 Vict. c. 35, ib.

compulsory commutations and proceedings to obtain
the same, 14, 15

mode in which consideration of commutation may be
made either by rent-charge or a fine, 30
what rights may be the subject of commutation, 31
effect of and expenses of commutation, ib.
voluntary commutation, 32

agreements for may be made without consent of com-
missioners, ib.

mode of proceedings enumerated, ib.

enfranchisments, removal of former obstacles attempt-
ed, ib.

compulsory enfranchisements not contemplated by
the act, ib.

proceeding to obtain enfranchisement, 33

on the doctrine that, as between incumbrancers or pur-
chasers of an equitable interest in personalty, pri-
ority, belongs to that one who first gives notice to
the person in whom the legal estate is vested, 21

on special conditions of sale, 2, 22

conduct of solicitors in submitting property to sale
with restrictive conditions impugned, 22
necessity of in certain cases where title defective, or a
difficulty exists in procuring evidence or particular
points, 23

restrictive conditions imply defective title, 22
duty of solicitors in preparing, 23

the subject further discussed, 29, 30

on the construction of the Will Act, 1 Vict. c. 26, 23
material to ascertain what wills are within the act, ib.
of those made before the 1st January, 1838, but re-
vived or republished after that period, ib.
effect of decision of Prerogative Court herein, ib.
opinions of Sir Edward Sugden, Mr. Shelford, and
Mr. Sweet on the subject, 24

ARTICLES (continued).

act does not require that the will should be dated, ib.
will be presumed to have been executed according to
law in force when made, ib.

unattested will made at sea by purser of a man-of-war
valid, ib.

operation of act does not extend to the colonies, 25
signature to at foot or end, and what not deemed a
compliance with the act, 33

signing by mark sufficient, 34

statute permits a signing by another party for the tes-
tator, ib.

acknowledgment of signature by testator, ib.
attestation of testator's signature and particularities
to be observed, ib.

irregularities in attestation, courts of probate will re-
quire affidavit to shew that statute has been com-
plied with, 43

if affidavit does not shew compliance with act, court
will refuse probate, ib.

alterations &c. in will made after execution must be

executed and attested in like manner as a will, ib.
revocation of by burning, tearing or otherwise de-
stroying, ib.

cancelling of will, when it will not operate as a revo-
cation, ib.

whether trustees for sale, selling under restrictive condi-
tions, do not commit a breach of trust, 30, 22.

as to what is inadmissible in evidence on the ground of
being a privileged communication, 41

extract from Mr. Phillipps's work on Evidence on the
subject, ib.

opinion of Lord Brougham, whether a party should
be compelled to produce cases laid by him before
council in contemplation of proceedings, 42

to what extent communications should be privileged,
when their concealment prevents the court from ar-
riving at the true state of facts, ib.

on the subject of registering copyrights of literary pro-
perty and assignments thereof, 49

proposed bill on the subject, ib.

effect of the bill considered as to anonymous writing,

50

bill in its present state insufficient for purposes in-
tended, ib.

on the question whether one state ought to deliver up to
another, persons who, having committed some act
criminal by the laws of the second, have escaped
them and taken refuge in the first, 57
opinions of jurists hereon conflictory, ib.
decisions of our own courts doubtful, 58
semble, the delivery up should only be where the al-
leged crime has been an act which was a crime both
by the law of the state delivering up the offender,
as also by that where the offence was committed, ib.
on the distringas on stock, 58

former proceedings under 39 & 40 Geo. 3, ib.
distringas under 5 Vict. c. 5, s. 5, ib.
jurisdiction of Court of Exchequer abolished, and
transferred to Court of Chancery, ib.
proceedings to obtain order for distringas, 59

charging order operating as a distringas under the 1
& 2 Vict. c. 110, s. 14, ib.

order may be obtained upon application of a judgment
creditor, ib.

may be made by a judge of one of the superior courts
of common law, ib.

order may be obtained ex parte and without notice
to the debtor, and will operate as a distringas until
discharged or made absolute, 61

mode of proceeding to obtain order and enforce it, ib.
creditor taking debtor's person in execution loses the
benefit of the distringas, ib.

on the propriety of placing equitable interests in real estate
on the same footing with similar interests in per-
sonalty, ib.

decision of Vice-Chancellor in Jones v. Jones at-
tempting to confine doctrine in Dearle v. Hall to
personal estate only considered, ib.
equitable reasons why it cannot on any reasonable

ARTICLES-(continued).

propriety of giving notice in every case of an incum-
brance upon one equitable interest without regard
to its nature, 63

on Lord Campbell's attempt to improve the appellate ju-
risdiction of the House of Lords, 69

projected abolition of the Judicial Committee of the
Privy Council, and emasculation of the Court of
Chancery, ib.

transfer of all appeal jurisdiction to the House of
Lords, ib.

reasons why this plan objectionable, 70

diversity of opinion of the learned lords on the sub-
ject, and doubt as to the measure being carried into
effect, ib.

on rules of courts &c. equivalent to judgments, ib.

provisions of 1 & 2 Vict. c. 110, considered as being

more efficacious than proceedings by attachment, ib.
review of decisions on material questions since the
passing of the act, 71

rules for payment of money, the money must be pay-
able by the rule itself, and its amount must appear
on the face of the rule, ib.

in rules for payment of costs, execution may issue
though their amount is not specifically mentioned
in the rule, ib.

where costs are awarded by arbitrator in a gross sum,
Semble, an application to the court is necessary,
before an execution can issue, 72

judge's order for payment of money or costs enforce-
able by execution after being made a rule of court, 73
decrees and orders in equity now enforceable by exe-
cution under the statute, ib.

but former remedies of court still applicable, ib.
on the bills before the House of Lords for Improving the
mode of conducting Proceedings in Lunacy, and
for effecting Changes in the Law of Evidence, 81
alteration of the mode of proceeding in lunacy requi.
site, ib.

present mode inaccessible except to persons in af.
fluence, ib.

propriety of the law protecting the person and pro.
perty of lunatics in preference to friends and re-
lations, ib.

how far the principle of charging the state with a por
tion of the expense of protecting lunatics is just, ib.
alterations in the law of evidence respecting incom-
petency from infamy desirable, 82
present law herein founded on a false principle, ib.
rule of exclusion on ground of interest untenable, ib.
difficulty of application of rule, in ascertaining what
interest shall operate in exclusion of testimony, 83
danger of admitting evidence of infamous or inte
rested witnesses counterbalanced by the observa-
tions thereon of the judge to the jury, ib.
on the Copyright Bill, 89, 141

extreme looseness of its enactments considered, 89
proposed extension of author's right to copyright, ib.
clause giving jurisdiction to Judicial Committee of
Privy Council to order publication of work where
the proprietor of copyright refuses to permit re
publication, its vagueness shewn, 89, 141
inexpediency of vesting such power considered, 90
withdrawal of such clause, 141

ambiguity of clause respecting copyright in encyclo.
pædias, periodical works, &c., 90

injunction clause restraining piracy of works, its ge
neral inaccuracy, 91

the whole bill considered as inefficient and unintelli-
gible, 90, 91

on the law as regards marriages within the prohibited de-

gree, 91

on partnerships as regards third persons, ib.

how far the conduct of a party sought to be charged
as a partner, has amounted to a holding of himself
out as a partner, ib.

unsettled state of the law as regards the nature of in-

terest to make dormant partner liable to third per

sons, 92

pointing out the practice of the House of Commons in re-

ARTICLES-(continued).

proceedings on bringing in the bill, ib.
mode of conducting the proceedings before the House,
98

on Mr. Miller's proposition that the Legislature should
legalize equitable mortgages by deposit of title-
deeds, 109

proposal to subject them to stamp-duty, ib.
equitable mortgages preferred on the ground of eco-
nomy, 109, 110

not good against a subsequent conveyance of legal
estate, 110

necessity for settling the law on the subject admitted,
ib.

on the annual duty paid by solicitors for certificate to
practice, ib.

imposition of duty a grievance to the profession, ib.
absurdity of fiction, that the payment of the duty
adds respectability to the practitioner, ib.

on the proceedings of Courts Martial, 117

Mutiny Act, Articles of War, and constitution of
Courts Martial generally, little known by the pro-
fession, ib.

powers of Courts Martial, sentence of, ratified by the
Queen, ib.

Chancellor has no power to interfere after sentence,
against the decision of a Court Martial, ib.
after sentence by Court Martial, their powers cease,
and they cannot therefore punish for language
grossly insulting to the court, ib.

crown cannot review the sentence of a Court Martial,
though it may remit it for revision, or may by vir-
tue of its prerogative remit any part thereof, ib.
general effect of the Mutiny Act considered, ib.
division of Courts Martial into three kinds-General
Court Martial, Garrison or District Court Martial,
and Regimental Court Martial, ib.

power of Regimental Court Martial to inflict corporal
punishment &c. under 79th article of war, consi-
dered, ib.

on the New Bankruptcy Bill, alterations of former law
pointed out, 129

necessity for petitioning creditor's bond may now be
dispensed with, ib.

power given to court to apprehend bankrupt and

seize his property, when likely to abscond, or
where goods are removed or concealed, ib.
commission not supported by act of bankruptcy
committed twelve months previous to issue of fiat,
ib.

enumeration of parties directly liable to the bankrupt
laws, ib.

extension of principle of 1 & 2 Vict. c. 110, s. 8, 130
granting of certificate to be in the court, subject to

right of creditor to oppose the granting thereof, ib.
substitution of permanent District Courts of Bank-
ruptcy, ib.

creation of new office of taxing master, ib.

general principle of bill considered an improvement
in the law of bankruptcy, ib.

on the proposition that the House of Commons, in refer-
ence to election committees, shall compel counsel
to select their court, and not to go into any other,
ib.

on the rejection of Lord Campbell's Bill for abolishing
the Judicial Committee of the Privy Council, and
revising the Court of Chancery, 131

on the Copyright Bill, and withdrawal of the clause giving
courts of equity and law power to issue injunctions
respecting piracy of works, on summary applica-
tion, 141

expediency of courts of law possessing such power,
questioned, 142

on Mr. Bird's letter, alleging practices in the Crown
Courts of Exeter, of a nature irreconcilable with
the dignity of the bar and respectability of attor-
nies, ib.

necessity of the bar taking notice of such letter, and
fully sifting the matter, ib.

on the question of law relating to church-rates, where the
sum claimed is less than 10%., how far magistrates

ARTICLES-(continued).

have exclusive jurisdiction to enforce payment
under 53 Geo. 3, c. 127, s. 7, 149

before passing of above act, cognizance of church-
rates belonged exclusively to the Spiritual Court, ib.
currency of decisions seems to imply that jurisdiction
of magistrates is not exclusive, but co-ordinate
with that of Ecclesiastical Court, 150

analogous case under Act for Recovery of Tithes,
deemed applicable to question of church-rates, ib.
necessity of settling the doubt by legislative enact-
ment, ib.

on the New Orders in Chancery, 151

hostility to those of August, 1841, now subsided, and
complaints against, considered unfounded, ib.
review of New Orders of 11th April, 1842, enlarging
or restricting former ones, and pointing out rea-
sons which it is presumed gave rise to them, ib.
on the question of fiscal duties imposed on the alienations
of real property, as compared with those on the
devolution of personal property, 157

on the operation of 4 & 5 Vict. c. 58, for the Trial of
Controverted Elections, 158

former anticipations as to inefficiency of act, verified,
ib.

unjudicial constitution of election committees con-
demned, ib.

necessity for alteration of the present law, ib.

on the jurisdiction of the courts of law and equity, and how
far the adoption by the courts of law of equitable
doctrines, ousts courts of equity of their exclusive
or concurrent jurisdiction, 165

necessity for the boundaries of jurisdiction of each
court to be clearly marked, ib.

instances where the respective courts have concurrent
jurisdiction, and that the existence of jurisdiction
in another court does not oust that of equity, 166
the fact that courts of law acquire a jurisdiction by
statute or otherwise, formerly exclusively exercised
by court of equity, no ground for contending that
it abrogates the jurisdiction of the latter, ib.
on the question how far a witness is bound to answer, ei-
ther in a court of law or equity, if his answer will
expose him to criminal punishment or penal liabi-
lity, 173

conflict of decisions on this subject, and necessity for
alteration in the law in this respect to protect wit
ness from being affected by answers given in judi.
cial proceedings, 174

on the decision of the Master of the Rolls, that where a
party dies seised of real estate without heirs, and
the land escheats to the lord, the latter takes the
land subject to the debts of the party so dying
seised without heirs, 181, 194

on the theory, that crimes of violence are, in all cases, the
result of a maniacal disorganization, or moral in-
sanity, 193

public mind not prepared for the reception of such a
theory, though currency of public opinion leans
that way, 193

difference of opinion with which the commission of

certain high crimes is viewed as to sanity of party
committing them, ib.

insanity should not be inferred in any particular class
of cases from evidence which would not, under
other circumstances, warrant a belief in insanity,
194

on the decision of the Master of the Rolls. Brown v.
Evans further commented on, 181, 194

on the probate duty payable on real estate belonging to
partners, 195

on the act recently passed to amend the law relating to
advances bona fide made to agents intrusted with
goods, and how far the same affects the decisions
under 6 Geo. 4, c. 94, 201

agent intrusted with the possession of goods now
placed upon the same footing as one intrusted with
the documents of title, ib.

right given to owner of goods or documents pledged
to redeem the same, or to recover the balance of
proceeds, 202