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On the banks of the river Wye, five miles from the city of Hereford.-The Lower Eaton Freehold and Copyhold Estates, Residence, Pleasure Grounds and Farms, the whole property being 324 acres.

Boundary-road, Finchley-road, St. John's-wood.-Two Leasehold Private Residences, for investment or occupation, in this favourite locality.

MESSRS. FAREBROTHER, CLARK, and LYE will MESSRS. FAREBROTHER, CLARK, and LYE will

SELL, at Garraway's, early in the Spring, (unless previously disposed of by private contract), the above delightful RESIDENCE and FARMS, of which a more detailed description will shortly appear. Sussex, in the parish of Woodmancote, about five miles from the Hassocks-gate Station on the Brighton Railway.-Very eligible Farm, comprising about 140 acres, sheltered by the South Down hills. ESSRS. FAREBROTHER, CLARK, and LYE are instructed to prepare for SALE, early in the Spring, the above compact FARM, of which a more detailed description will appear in future advertisements.

ME

Sussex, near to Battle and Hastings.-Compact Freehold and Copyhold Estates, in the parishes of Crowhurst and Catsfield, comprising about

290 acres.

MESSRS. FAREBROTHER, CLARK, and LYE are

instructed to prepare for SALE, early in the ensuing year, the above valuable FREEHOLD and COPYHOLD ESTATES, of which a further description will appear in future advertisements.

Wiltshire.-In and close to the Town of Malmesbury.-Valuable Freehold Enclosures of Meadow and Accommodation Land, Dwellinghouse, Cottages, and Garden Ground.

MESSRS. FAREBROTHER, CLARK, and LYE are

directed, under an order of the High Court of Chancery, made in the cause of " Dewell v. Tufnell," and with the approval of Vice-Chancellor Sir Page Wood, to SELL by AUCTION, at the King's Arms Inn, Malmesbury, on at 1 for 2, in numerous lots, the following valuable FREEHOLD ESTATES, situate in the parishes of Malmesbury, St. Mary's, Westport, and Brockenborough, viz. two enclosures of accommodation land at Milbourne, on the road from Malmesbury to the Duke of York Inn, let to Mr. Charles Whale; three plots of meadow, known as Upper and Lower Cat's-hill and Baskerwell's Mead, let to Mr. Hanks. In the town of Malmesbury.-A piece of garden, let to Henry Parting; seven cottages and gardens called Drew's, in the occupation of John Carter and others; a dwelling-house, known as Collingbourne, with offices, garden, and paddock, let to Mr. Harris: a piece of garden ground on the road to Tetbury, close to the turnpikegate, let to Mr. Clark; a piece of capital meadow land, known as Eleven Lands, on the road to Foxley, let to Mr. Lyne. The lands are surrounded by the estates of the Earl of Suffolk, Captain Dewell, Mr. Isaac Beake, and others. May be viewed, and particulars had at the place of sale; of Messrs. Chubb and Son, solicitors, Malmesbury; the Angel, Chippenham; the White Hart, Cricklade; of Messrs. Davies, Son, and Campbell, solicitors, Warwick-street, Golden-square; at Gar

SELL by AUCTION, at Garraway's, on Wednesday, Jan. 24. at 12 o'clock, by direction of the Mortgagee, a long LEASEHOLD ESTATE, comprising two capital brick-built semi-detached private residences, with stuccoed fronts, most desirably situate in Boundary-road, and near to the Prince Arthur Hotel, St. John's-wood, leading from the Finchley-road through to Kilburn, within ten minutes' walk of the Kilburn Station, and close to omnibus communication (every five minutes) to the city and west-end. The houses are newly and substantially built, and each contains on the upper floor four bed rooms; on the second floor, two large bed rooms and one dressing room, well finished; on the ground floor, an elegant and good-sized drawing room, good dining room, entrance hall, and water-closet; capital light basement, with kitchen, and excellent accommodation; garden in the rear, side entrance, and fore-court, with flight of stone steps to house, enclosed by dwarf wall and palisades; of the estimated value of 80 guineas per annum each; held for a term of 99 years from 1838, at ground rents. May be viewed, and particulars had at the Prince Arthur Hotel, Boundary-road; of George Hinds, Esq., Goudhurst, Kent; at Garraway's; and of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand.

Poplar.-38 Leasehold Private Residences and Shops, and the Marshall Keate Hotel, Tavern, and Tea Gardens, producing together a yearly income of 12507.

MESSRS. FAREBROTHER, CLARK, and LYE will

The

SELL, at Garraway's, on Wednesday, Jan. 24, at 12, in lots, by direction of the Executors of the late Francis Mills, Esq., a LEASEHOLD ESTATE; comprising the Marshall Keate Hotel, Tavern, and Tea Gardens, situate in Preston-road, High-street, Poplar, adjoining the Blackwall Railway, and facing the East and West India Ďocks; Five Shops, with Dwelling-houses, and 33 Private Residences of uniform elevation and construction, called Bisterne-place, also situate in Preston-road. The whole of the property has been erected within these last 14 years, and is well built and finished. All now let (excepting one shop) to respectable tenants, producing a yearly income of 12507. above are held under lease from the East and West India Dock Company for 63 years from 1940, at moderate ground rents reserved on each house. May be viewed by permission of the respective tenants, and particulars had of B. F. Watson, Esq., solicitor, 36, Lincoln's-inn-fields; of Mr. Sadd, at the Marshall Keate Hotel; at Garraway's; and at the offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Straud. In Chancery.“ Spickernell v. Hotham and Others."-Oxfordshire, within five miles of the City of Oxford.-The Shotover Estate, comprising a capital Mansion, with beautiful Park and Pleasure Grounds, five compact Farms, sundry Cottages, and parcels of Accommodation and Allotment Land; the whole containing about 900 acres. [ESSRS. FAREBROTHER, CLARK, and LYE are directed to prepare for SALE, in the Spring, (unless previously disposed of by private contract), the above highly-valuable FREEHOLD ESTATE, of which a more detailed advertisement will shortly appear. Lancaster-place, Strand.

raway's; and at the offices of Messrs. Farebrother, Clark, and Lye, ME

Lancaster-place, Strand.

The Crown Lease of the Parthenon Club, Regent-street, Waterloo-place, with the possession in about seven years.

MESSRS. FAREBROTHER, CLARK, and LYE have

received instructions to SELL by AUCTION (unless an acceptable offer be previously made by private contract) the CROWN LEASE, for an unexpired term of 61 years, at a ground rent of 1001. per annum, of that noble pile of BUILDINGS, with court-yard, on the east side of Regent-street, Waterloo-place, now occupied by the Parthenon and Erechtheum Clubs; on lease to the Parthenon Club for a term of which about seven years are unexpired, at 15451. per annum, but which rent

North Riding of Yorkshire.-The Egton important and highly valuable Freehold Estate, intersected by the river Eske, and bounded in part by the Whitby and Pickering Railway, the villages of Egton and Egton-bridge, Water Corn-mill, Quarries, valuable Rights of Fishing for 20 miles, and Shooting, extending over (in addition to cultivated land) 6000 acres of moor, the entire estate embracing an area of nearly 13,000 acres.

has been reduced to 10001. per annum in consideration of a premium MESSRS. FAREBROTHER, CLARK, and LYE respect

of 70007.: at the expiration of the Club lease there is no doubt that a rental of at least 20001. per annum may be readily obtained, from the situation, capabilities, and extent of the property. More detailed advertisements will shortly appear, and the property may be viewed by letter of introduction only, to the Secretary, which, with further particulars, may be obtained at the offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand.

Chepstow, Monmouthshire.-The distinguished Freehold Domain of Pierce field; capital Mansion; beautifully undulated and finely timbered Park, bounded by the river Wye, to which there is a terracewalk extending about three miles; Gardens and Pleasure Grounds; together with several compact Farms, with all suitable farming buildings, and upwards of 2000 acres of productive Land, a portion of which is especially adapted for the erection of Villas; several private Résidences and Cottages in the village of St. Arvans, and the Piercefield Inn; also the Stall House Farm, in the parish of Redwick, about a mile and a half from the Magar Station on the South Wales Railway.

MESSRS. FAREBROTHER, CLARK, and LYE have

received instructions to prepare for SALE, in the Spring, (unless an acceptable offer is previously made by private contract), the above distinguished and highly-valuable FREEĤOLD ESTATE, of which further particulars will shortly appear. Lancaster-place, Strand.

In Chancery." Ellis v. Ellis," and "Ellis v. Lee."-Valuable Life Policy in the Rock for 25001., and a Judgment Debt for 18001.

fully inform the public that the above highly-valuable and important FREEHOLD ESTATE will be offered for SALE by AUCTION in the Spring, unless an acceptable offer is previously made by private

contract.

Auction Rooms for the Disposal of Law and Miscellaneous Libraries, and Works connected with the Fine Arts, 22, Fleet-street, London. Established Thirty Years.

SOUTHGATE and BARRETT beg respectfully to call the

attention of Executors, Trustees, Booksellers, and others having Literary Property to dispose of, to the importance of their being enabled to display an entire library, even should it extend to 20,000 volumes, in one large room at the same moment; thus affording their connexion and casual visitors an opportunity to make personal selections with the greatest facility, instead of depending on the description of the catalogue. Most centrally situate, near the two principal Inns of Court, within a few doors of the Middle Temple Gate, THE FACILITIES FOR THE DISPOSAL OF LAW LIBRARIES are undeniable; whilst the immediate vicinity of the largest West-end Bankers, and being in the main thoroughfare from

the City to the Court end of town, enable them to obtain the attendance public premises. Books, Prints, Pictures, and, in fact, all sorts of proof more private buyers and collectors than could be induced to visit less perty connected with Literature and the Fine Arts, in large or small parcels, may be transmitted to Southgate and Barrett's Rooms, and if intended for immediate sale, an advance of two-thirds of the value will be made to meet the convenience of Executors, Trustees, or others. Auction Rooms, 22, Fleet-street, London.

MESSRS. FAREBROTHER, CLARK, and LYE are PERIODICAL SALE of SHARES in the INSURANCE

instructed, pursuant to an order of Vice-Chancellor Sir John Stuart, to SELL by AUCTION, at Garraway's, on Wednesday, Jan. 24, at 12, in two lots-Lot 1. A Policy of Assurance, effected in 1837, in the Rock Life Assurance Office, upon the life of the Earl of Lisburne, now in his 55th year, for the sum of 21507., together with the additions from bonuses of 3907. 11s. 8d., annual premium 67. 10s. 11d. Lot 2. A Judgment Debt against the late Lord Kensington for 18007., which has been duly registered; Particulars to be had of Messrs. Tatham and Proctor, solicitors, 10, New-square, Lincoln's-inn; Mr. Christopher Crouch, solicitor, Southampton-buildings, Chancery-lane; at Garraway's; and at the offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand.

OFFICES connected with the LEGAL PROFESSION.-Messrs. HAMMOND & EILOART invite those gentlemen desirous of disposing of their Shares, or of becoming Shareholders in any of the Legal Offices, to forward their wishes to their Offices, No. 28, Chancery-lane, where constant applications are made for all description of Shares.

Printed by HENRY HANSARD, at his Printing Office, in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County of Middlesex; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, residing at No. 34, Porchester Terrace, Bayswater, in the County of Middlesex.-Saturday, January 13, 1855,

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LAW PARTNERSHIP.-A Gentleman, having a thorough knowledge of Conveyancing and Chancery, and some acquaintance with Common Law, who has been in extensive practice in partnership in a large London Firm for the last six years, is desirous of entering into an eligible PARTNERSHIP as WORKING PARTNER. Capital from 2000 to 30001. The highest references given and required. Address M. M., Messrs. Cartwright & Sons, Chancery-lane.

The Miscellaneous Library of the late Sir T. E M. Turton.

PRICE 1s., or with Digest Supplement, 2s.

CHANCERY PRACTICE."

SIDNEY SMITH'S HANDBOOK of CHANCERY PRACTICE, with Forms. In One Volume. A Second Edition will shortly be published.

W. Benning & Co., 43, Fleet-street.

JARMAN'S NEW CHANCERY PRACTICE.-SECOND EDITION.
This day is published, in 1 vol. 12mo., price 188. cloth,

MR. HODGSON will SELL by AUCTION; at his New THE NEW PRACTICE of the HIGH COURT of

Auction Rooms, the corner of Fleet-street and Chancery-lane, on FRIDAY, Jan. 26, and three following days, (Sunday excepted), at half-past 12, a COLLECTION of VALUABLE BOOKS, including the Library of the late Sir T. E. M. Turton; comprising, among many other standard and valuable works-In folio: Maps of The Society, 2 vols.; Manning & Bray's Surrey, 3 vols.; Poli Synopsis, 5 vols.; &c. Quarto: Froissart Chroniques, 3 vols., (black letter, 1493); a large Collection of Old Plays, printed in 1640, &c.; Holinshed's Chronicles, 6 vols.; Rees's Cyclopædia, 45 vols.; Tredgold on the Steam-engine, 2 vols.; &c. Octavo, &c.: Howell's State Trials, 34 vols.; Hansard's Parliamentary Debates, 100 vols.; Chalmers's Poets, 21 vols.; Pantalogia, 12 vols.;

CHANCERY relative to the Conduct of Suits by Bill, Claim, or Original Summons, and to Proceedings in the Judges' Chambers and Masters' Offices: including Forms of Costs and numerous other Forms, the Practice relating to Special Cases, the several Acts concerning Trustees and Charitable Trusts, and the Indemnity of Executors and Administrators, with the Orders and Decisions of the Court thereunder; and a copious Index. By HENRY JARMAN.

London: W. Maxwell; S. Sweet; and Stevens & Norton, Law
Booksellers and Publishers.

BEST ON EVIDENCE, WITH A SUPPLEMENT TO 1855.
Price 27s. cloth boards,

Quarterly Review, 95 vols.; Yarrell's Fishes, 2 vols.; Bewick's Qua- A TREATISE on the PRINCIPLES of EVIDENCE

drupeds, large paper; Comber's Works, 7 vols.; Tracts for the Times, 5 vols.; Oratores Attici, 10 vols.; the Works of Byron, Scott, Dickens, Thackeray, and others, many in handsome bindings.

To be viewed, and Catalogues had.

The Library and remaining Publications of the late John Minter
Morgan, Esq.

MR. HODGSON will SELL by AUCTION, at his New

Auction Rooms, the corner of Fleet street and Chancery-lane, on THURSDAY, Feb. 1, at half-past 12, (by order of the Executors), the LIBRARY and REMAINING PUBLICATIONS of the late J. M. Morgan, Esq. In this Collection will be found numerous Works on Philanthropy, Political Economy, Education, and Theology; together with the usual standard Historical and other Works, in good preservation. The Publications comprise The Phoenix Library, a selection of Original and other Works, in 13 vols., of which there are about 3000 vols., in cloth and quires; also numerous copies of Hampden in the Nineteenth Century, 3 vols. 8vo.; The Revolt of the Bees, 8vo., fscp.; The Christian Commonwealth, &c. A few Prints, framed and glazed, a Barrel Organ, an Electrifying Machine, a pair of Globes, &c.

To be viewed, and Catalogues had.

The valuable Theological Library of the late Chancellor Raikes.

MR. HODGSON has received instructions from the Exe

cutor of the late Chancellor Raikes to SELL by AUCTION, at his New Auction Rooms, the corner of Fleet-street and Chancery-lane, this important and extensive COLLECTION of THEOLOGICAL BOOKS, comprising the Works of the most eminent Divines, Sermons, Commentaries, Church Histories, &c. The whole in excellent preservation.

Catalogues are preparing.

TO BE SOLD, for the value of the Fixtures, the LEASE

of No. 31, GREAT JAMES-STREET, Bedford-row, which expires at Lady-day, 1867. The Premises are held at the low rent of 561. per annum. The House (except the suite of three convenient offices on the ground floor and a cupboard under the kitchen stairs) is respectably underlet to a family, at 50%. per annum, for a term which expires at Midsummer, 1857. The lessee pays the taxes, and the undertenant provides a laundress for the offices. Apply to Messrs. Nicholls & Doyle, 2, Verulam-buildings, Gray's-inn, Solicitors.

and PRACTICE as to PROOFS in COURTS of COMMON LAW; with Elementary Rules for conducting the Examination and Cross-examination of Witnesses. By W. M. BEST, A.M., LL.B., of Gray's-inn, Esq., Barrister at Law. Second Edition, with a SUPPLEMENT, shewing the Alterations effected by the Common-law Procedure Act and other Statutes of 1854.

*** The SUPPLEMENT can be had separately, price 2s., sewed in wrapper. S. Sweet, 1, Chancery-lane.

POLLOCK'S PRACTICE OF THE COUNTY COURTS.
In 1 vol. royal 12mo., price 18s. cloth boards,

THE PRACTICE of the COUNTY COURTS; in Eight
and Industrial and Provident Societies Acts.-3. Jurisdiction under
Parts:-1. Proceedings in Plaints.-2. Jurisdiction under Friendly
Joint-stock Companies Winding-up Act.-4. Jurisdiction as to Insolvent
Debtors.-5. Jurisdiction under Protection Acts.-6. Proceedings against
Judgment Debtors.-7. Arrest of Absconding Debtors.-S. Administra-
tion of Charitable Trusts. With the Decisions of the Superior Courts,
and Table of Fees. Also an Appendix, containing all the Statutes, a
List of the Court Towns, Districts, and Parishes, and the Rules of
Practice and Forms. By CHARLES EDWARD POLLOCK, Esq., of
the Inner Temple, Barrister at Law. The Second Edition, much
enlarged.

S. Sweet, 1, Chancery-lane.

THE COMMON-LAW PROCEDURE ACT, WITH THE NEW
RULES, &c. 1854.

Just ready, in 1 vol. 12mo., price 10s. cloth boards,

THE COMMON-LAW PROCEDURE ACT, 1854,

(17 & 18 Vict. c. 125); with Treatises on Injunction and kelief, Jun., of the Inner Temple, Esqrs., Barristers at Law. Also, a Treatise on Inspection and Discovery, under the above Act and the 14 & 15 Vict. e. 99. By CHARLES EDWARD POLLOCK, of the Inner Temple, Esq., Barrister at Law. Together with Notes, Cases, Index, and the New Rules and Forms of Michaelmas Vacation, 1854. S. Sweet, 1, Chancery-lane, London.

By HENRY THURSTAN HOLLAND and THOMAS CHANDLESS.

NEW SEWERAGE DISTRICTS.
This day is published, in 12mo., price 2s. sewed,

то GOVERNORS OF GAOLS, POLICE OFFICERS, PRACTICAL DIRECTIONS for the FORMATION of

SEWERAGE DISTRICTS, and for the Conduct of Sewerage Boards, in the Neighbourhood of the Metropolis, under the Statute 17 & 18 Vict. c. 111; with the necessary Forms, and an Abstract of all the Metropolitan Sewers Acts. By TOULMIN SMITH, Esq., Bar

&c.-At the LONDON SCHOOL of PHOTOGRAPHY, 78, Newgate-street, NO CHARGE is made for INSTRUCTION in PHOTO. GRAPHY, and every facility may be obtained for applying the art to the detection of criminals and other purposes. Sets of first-rate Appa-rister at Law; Author of "The Parish: its Obligations and Powers," &c. ratus may be purchased from 51. and upwards.

Just published, in 1 thick vol., 8vo., price 17. 10s. cloth boards,

THE SECOND EDITION OF

S. Sweet, 1, Chancery-lane.

TO PARISH OFFICERS.

Just published, in 1 vol. 12mo., price 14s. cloth,

THE LAW of RAILWAYS, RAILWAY COMPANIES, and RAILWAY INVESTMENTS. With the Cases on Com-THE PARISH: its Obligations and Powers; its Officers, pensation, Mandamus, Injunction, and Railway Rating; Remarks on the Extent of the Jurisdiction over Railways conferred on the Court of Common Pleas; and on the Equitable Jurisdiction in Railway Transactions recently transferred to all the Courts of Common Law; also the Practice in Committees in Parliament on passing Railway Bills. The Appendix contains all the Statutes, with Notes referring to the Treatise; and Precedents of Deeds, Notices, Warrants, Bonds, &c. By WILLIAM

and their Duties. With Illustrations of the Practical Working of this Institution in all Secular Affairs. By TOULMIN SMITH, of Lincoln's-inn, Esq., Barrister at Law. S. Sweet, 1, Chancery-lane. EQUITABLE DEFENCES, &c.

This day is published, in 12mo., price 4s. boards,

HODGES, Esq. of the Inner Temple, Barrister at Law, Recorder of A TREATISE on EQUITABLE DEFENCES and RE

Poole. Second Edition.

London: S. Sweet, Chancery-lane, Fleet-street, Law Bookseller and Publisher.

PLICATIONS under the COMMON-LAW PROCEDURE ACT. 1854. By JOHN D. MAYNE, Esq., of the Inner Temple, rister at Law. S. Sweet, 1, Chancery-lane.

No. 2, VOL. I., NEW SERIES.

JURIS

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By G. J. P. SMITH and W. B. BRETT, Barristers at Law.

Carpenter v. Dunsmure. (Devise Construction -
"To heirs, executors, administrators, and assigns
pur autre vie"-Special occupant)..
Hughes v. Humphreys.-(Sale of wheat by "hobbet"
-Weights and measures—5 & 6 Will. 4, c. 63, s.6) 42

Kershaw v. Kershaw.-(Devise-Construction-Estate

for life, with remainders to the sons of the body—

Default of issue)..

Baker v. Marsh.-(Municipal corporation-Qualifica-

tion of councillor ·

"Annual value”-

5 & 6 Will. 4, c. 76, s. 28)

By W. M. BEST, Barrister at Law.

The North British Assurance Company v. Lloyd.—(Gua-
rantie-Non-disclosure of facts-Fraud)

Hinton v. Mead.-(Practice-Award-Rule)

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tween persons filling this relation does not rest on any
refinement or fiction of the common or canon law, but
upon grounds of public policy, for the sake of domestic
confidence, peace, and happiness. It differs from the
IN Wenman v. Ash (17 Jur., part 1, p. 579; 22 L. J., privilege accorded to other communications, which are
C. P., 190) the Court of Common Pleas decided that dependent upon the particular occasion on which they
an action is maintainable for sending a letter to a mar-
are made: this is independent of all occasions; it arises
ried woman containing a libel upon her husband. It out of a permanent relationship, and is co-extensive
was sought in vain to put the case in the same cate- with it-nay, extends beyond it; for not even after
gory with those, in which it had been held that sending the husband's death can anything be extracted from
a libel to the plaintiff himself was no publication. The the bosom of the wife which has been confided there
Court disregarded the old fiction of unity of person, by him*. The privilege is unlimited, unqualified, and
"quia sunt duæ animæ in carne unâ;" and Maule, J., may well be subject to incidents different from those
said, "As to the argument, that in the eye of the law which prevail with regard to ordinary privileged com-
husband and wife are but one person, that is not so
munications. The latter may, no doubt, be rebutted
for all purposes. If a man kills his wife he commits and neutralised. The protection cast around the occa-
murder, not suicide." In a more recent case*, in the sion which justified the communication is removed as
same court, the question has been raised, whether a
soon as actual malice is shewn to have instigated the
man is liable to an action for sending to his wife a party making it. There is no inconvenience, no in-
letter containing a libel on a third person, it being justice, no aggression on public policy by the adop-
shewn that he was at the time actuated by express tion of this rule. But how different is the case when
malice against such third person. Although the parties the conversation of the home, in the moments of
have come to an arrangement without any judicial de- unrestrained confidence, of relaxation, of “castled se-
cision upon the point, it involves considerations of suf-curity," is to be divulged in a public court, perhaps
ficient interest for us to discuss it in our pages.

There is no doubt that communications between
husband and wife belong to the highest class of privi-
leged communications, and as such they have been
excepted by the recent statute (16 & 17 Vict. c. 83,
s. 3) from the testimony which husband and wife may
be compelled to give against each other. The sacred
character attached to words and letters which pass be-

* Lefroy v. Cridland, (Hil. T., 1855).
No. 2, VOL. I., NEW SERIES.

by a servant who heard the words; and all this would
be done before the question of malice or no malice
could be entertained. There are surely cogent reasons
for not allowing this privilege to be affected even by
malice itself-not for the sake of protecting malice,
but of preventing investigations, the possibility of
which would be a great public evil, outweighing a

*See Monroe v. Twistleton, (Peake's Ev., App., xxxix);

O'Connor v. Marjoribanks, (4 Man. & G. 444, per Tindal,

C. J.); and Stein v. Bowman, (13 Peters, 223, Amer. Rep.)

B

regard for the private injury that may have been inficted. In O'Connor v. Marjoribanks (4 Man. & G. 445) it was held that a widow was not admissible as a witness to shew that she pledged goods by her husband's authority, in an action brought by his executors | to recover the goods; and Maule, J., there (p. 445) uses words illustrative of the present question-"The textbooks generally give, as the reason for the rule as to excluding the testimony of husband or wife, the neessity of preserving the confidence of the conjugal elition; and that may be so. But it by no means follows that the rule is co-extensive with the reason given in support of it; and indeed it would be very inconvenient if it were so, as the question would frequeatly be raised as to whether or not some particular communication or fact occurring between husband and wife was of a confidential character, which would give

rise to endless embarrassment and distrust."

it would not be an anomalous case were this rule to le adopted, as we believe, when the point again arises, it will be, to the full extent for which we are contending.

There are other instances of communications being highly privileged, upon principles of public policy, as not to be affected by the presence of malice. Thus, for libels published or slander uttered in the Que course of parliamentary or judicial proceedings, ne action of libel or slander can be maintained, what ever may have been the malice of the defaming party. (See Lord Beauchamps v. Sir Richard Croft, Dy. 285 a; Astley v. Younge, 2 Burr. 807; Anfield v. Ferhill, 2 Bulst. 269; Roll. Ab. 87, pl. 4; 1 Stark. Likel, 246, note (u); and Stockdale v. Hansard, 9 Ad. & El. 1).

NOTES OF THE WEEK.

The Court of Queen's Bench (Jan. 13) discharged the rule for a criminal information obtained against Mr., Marshall, the judge of the Yorkshire County Court, for refusing to allow Mr. Shaw, a barrister, to practise before him, but discharged it without costs, and on the ground that Mr. Shaw had made a previous application in the matter to the Lord Chancellor.

In the case of Gibson v. Sturge, in the Court of Exchequer, (Jan. 13), it appeared that wheat, which had Teen shipped at Odessa, had become swollen by reason, of moisture during the voyage, whereby it measured a greater number of quarters at the port of delivery than at the shipping port. The Court (Martin, B., dissentiente) held, that in the absence of any contract to the contrary, freight was payable on the quantity shipped, and not on the quantity delivered.

plaintiff's counsel applies for it. Immediate execution will be granted only on production of a sufficient affidavit for that purpose.

At a meeting of the Law Amendment Society, (Jan. 15), a paper was read by Mr. Woolrych, recommending the extension of the summary jurisdiction of magistrates to all cases of petty larceny.

Dr. Waddilove read a paper upon the Law of Blockade. At a meeting of the Statistical Society, (Jan. 15), Tynemouth on the 11th January, observed that the form Mr. W. S. Lindsay, M. P., addressing a meeting at of the charterparty still used in England was verbatim the same as in the days of the Dutch war and Lord Camperdown; but the French adopted a simple form, like that used in the merchant service, and were in this respect greatly in advance of us.

Fifteen of the sixty county court judges have had of the minimum, 1200l. per annum. their salaries raised to the maximum, 15007., instead

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SIR,-In your leading article in last Saturday's JURIST (18 Jur., part 2, p. 521) you notice the act of the 27 Hen. 6, c. 5, prohibiting the holding of fairs on Sundays, "the four Sundays in harvest except."

I infer, from the omission of all notice of it, that you have overlooked a recent act repealing the exception, and take the liberty of directing your attention to it.

The act I refer to is the 13 Vict. c. 23, which, after reciting the 27 Hen. 6, c. 5, enacts, "that the exception of the four Sundays in harvest contained in the said act shall be repealed, and the said act shall be construed as if such exception were not inserted therein." I am, Sir, Your obedient servant, ARTHUR JOHN WOOD.

4, New-square, Lincoln's-inn,

Jan. 10, 1855.

[We are much obliged to our correspondent for calling our attention to the above statute, which we had overlooked.-ED.]

PHOTOGRAPHY A CRIMINAL DETECTOR.

of "

TO THE EDITOR OF "THE JURIST." science to the detection of criminals, and the prevenSIR,-The importance of applying the discoveries o tion of future crime, will be sufficient excuse for my troubling you with the inclosed extract from the Glasgow Daily Mail, which will form an appropriate "rider" to the paragraph which appeared upon this subject in your last week's paper. The former mode taking a prisoner's likeness" was, on his admission, to place him in an ante-room, and for all the officers of the gaol to pass by him-a dismal train, like the ghosts that appeared before Macbeth-until they In Gore v. Lowser, Sir J. Stuart, V. C., has held But such a likeness was not transmissible from prison had become acquainted with his personal lineaments. (Jan. 15) that an equitable interest in leasehold pro- to prison. The doers of dark deeds will hate the light porty may be reached under a fi. fa. issued upon a judg-more than ever, when it not only discloses their present ment which had not been registered in pursuance of the 1 & 2 Vict. c. 110*.

The practice adopted during the Nisi Prius Sittings

in this term is to allow execution in undefended causes

tissue in four (instead of fourteen) days, when the

*See 1 Chit. Arch. Prac. 579.

actions, but throws its full glare upon their antecedent history. The extract is as follows:

that Captain Smart, the superintendent of police in "We lately called attention to the circumstance, Glasgow, contemplated the introduction of a system of taking the portraits of the thieves and vagabonds who passed through his hands, by the photographic process, for the purpose of facilitating their detection and of

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