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 THE 
 
 STUDENT'S GUIDE 
 
 TO THE 
 
 SUPREME COURT OF JUDICATURE ACTS, 
 
 1873 & 1875.
 
 FINAL AND INTEEMEDIATE EXAMINATIONS. 
 
 Me. Indekmaue reads with Students for both of these 
 Examinations, either in class or separately. That the 
 objection of large classes may not exist the maximum 
 number in each is fixed at eight. 
 
 Terms moderate, for information as to which, and 
 for other particulars, application should be made to 
 Mr. Indermaur, 22, Chancery Lane, London.
 
 THE 
 
 STUDENT'S GUIDE 
 
 TO THE 
 
 Supreme Court of |ui)icatiirc %tb, 
 
 1873 & 1875; 
 
 BEING A SliKIES OF 
 
 QUESTIONS AND ANSWERS THEKEON, 
 
 JOHN INDERMAUR, 
 
 Ml 
 
 SOLICITOR, 
 
 (CLIFFORD'S INN PRIZEMAN, MICHAF.LMAS TERM, 1872); 
 AUTHOR OF " AN EPITOME OF LEADING COMMON LAW CASES," " AN EPITOME 
 OF LEADING CONVEYANCING AND EQUITY CASES," AND "SELF- 
 PREPARATION FOR THE FINAL EXAMINATION." 
 
 LONDON: 
 
 STEVENS & IIAYNES, 
 
 BELL YARD, TEMPLE BAR. 
 1875.
 
 T 
 
 LONDON : 
 
 PRINTED BY WILLIAM CLOWES AND SONS, 
 STAMFORD STREET AND CHARING CROSS. 
 
 uZfV 
 
 6
 
 
 2 
 
 PREFACE. 
 
 The object of the present work is to lay before the 
 Student in the easiest form the contents of the Judicature 
 Acts and Rules, and it is hoped that it may be found 
 useful, not only for the purpose of examination, but to 
 any one desiring a first knowledge of the new system. 
 No attempt has been made by the Author to blend the 
 previous and the new practice, as he did not consider 
 that any good could result from attempting to do so at 
 the present time, and it would seem that for some con- 
 siderable period the study of tlie new practice will not 
 relieve Students from the study of the old. 
 
 The Autlior has endeavoured in the following pages, as 
 far as possible, to place the provisions of the Acts and 
 Rules on the same subjects together, and thus do away 
 with the difficulty that arises in reading the Acts and 
 Rules themselves, of finding one provision relating to a 
 particular matter in one place, and another altogether 
 elsewhere. Provisions as to Probate, Divorce, and Ad- 
 miralty are [)urposely omitted, and also various other
 
 vi PREFACE. 
 
 matters in both the Act and Kules which have been 
 considered only important for reference in practice, &c. 
 
 In conclusion the Author trusts that the present Guide 
 may be found to many a useful method of acquiring the 
 now necessary knowledge of the Judicature Acts and 
 Rules. 
 
 J.I. 
 
 22, Chakcery Lane, London, 
 Septerriber, 1875.
 
 CONTENTS. 
 
 PART I. 
 
 PAGE 
 
 Of the General Scope of the Acts and the Constitution- 
 
 OF THE Supreme Court of Judicature ...'•' 
 
 PART II. 
 
 Of the Constitution of "Her Majesty's High Court of 
 Justice," and the Distribution of Business therein ; 
 AND of the District Registries .... 13 
 
 PART HI. 
 Of the Constitution of " Her Majesty's Court of Appeal" 
 
 AND its Jurisdiction ....... 2o 
 
 PART IV. 
 Of Certain Rules of Law 
 
 PART V. 
 Of Procedure generally 
 
 28 
 
 . 34
 
 THE 
 
 STUDENTS GUIDE 
 
 TO THE 
 
 SUniEME COURT OF JUDICATURE ACTS, 
 
 1873 AND 1875. 
 
 PART I. 
 
 Of the General Scope of the Acts and the Consti- 
 tution OF the Supreme Court of Judicature. 
 
 Q. What led to the passing of the Judicature Act, 
 1873? 
 
 A. The fact of the existence of two distinct tribunals 
 of Law and Equity respectively, which, however well ac- 
 counted for by reference to their early histories, could 
 not but be considered somewhat of au anomaly at the 
 present day. The Act adopts the principal proposals con- 
 tained in the Report of the Judicature Commissioners. 
 
 Q. Give a short statement of the objects of the 
 Act. 
 
 A. The great and chief object is to do away with 
 separate Courts for different matters, and to effect a 
 fusion of them, that the anomaly above mentioned shall 
 exist no longer ; that no suitor shall run further risk
 
 10 THE student's GUIDE 
 
 of coming to a wrong Court ; and also, as far as possible, 
 to fuse the two systems of Law and Equity. Another 
 object of the Act is to constitute a new mode of appeal, 
 and generally to make provision for a more speedy ana 
 efficient remedy in all cases. 
 
 Q. State shortly how these objects are carried out. 
 
 A. The existing Courts are fused into one Supreme 
 Court, to consist of two parts, the one having original, 
 and the other appellate jurisdiction. In the first, how- 
 ever, there are Divisions nearly synonymous with tlie 
 previously existing Courts, but provision is made for the 
 transfer of any matter commenced in one of such Divi- 
 sions to another, so that no injustice can occur by the 
 wrong Division having been resorted to. The object of 
 fusion of Law and Equity is carried out by various enact- 
 ments throughout the Act, and particularly by certain 
 rules of law therein provided, and as an instance of the 
 carrying out the last of the objects mentioned in the 
 foregoing answer may be mentioned the provisions for 
 appointment of referees and assessors, the establishment of 
 district registries, and the alteration in various respects 
 by the Eules of Procedure of the previous course of 
 process. 
 
 Q. When do the Judicature Acts come into opera- 
 tion ? 
 
 A. The original Act was to have come into operation on 
 the 2nd of November, 1874, except certain provisions 
 which are declared to take effect on the passing of the 
 Act (sect. 2), but its operation was postponed by an Act
 
 TO JUDICATURE ACTS, 1873 AND 1875. H 
 
 37 & 38 Vict. c. 83. The Acts now come into operation 
 on 1st November, 1875, except the provisions abolishing 
 finanippcal to the House of Lords, which by the Act of 
 187.'>, sect. 2, are not to come into operation until a year 
 later, viz. 1st of November, 1876. 
 
 Q. How is the Supreme Court of Judicature consti- 
 tuted P 
 
 A. By the unison and consolidation together of the fol- 
 lowing previously existing Courts, viz. : (1), the Court of 
 Chancery; (2), the Court of Queen's Bench; (3), the 
 Court of Common Pleas ; (4), the Court of Exchequer ; 
 (5), the Court of Admiralty ; (6), the Court of Probate ; and, 
 (7), the Divorce Court. (Jud. Act, 1873, sect. 3, amended 
 by Jud. Act, 1875, sect. 9.) 
 
 Q. How is the Supreme Court divided P 
 A. Into two permanent divisions, viz., " Her Majesty's 
 High Court of Justice " for original jurisdiction and certain 
 appellate jurisdiction from inferior Courts, and " Her 
 Majesty's Court of Appeal " for appellate jurisdiction. 
 (Jud. Act, 1873, sect. 4.) 
 
 Q. Who are qualified to be judges of the Supreme 
 Court P 
 
 A. Any barrister of not less than ten years' standing may 
 be appointed a judge of the High Court of Justice, and 
 any person who before the Act might have been appointed a 
 Lord Justice of Appeal in Chancery, or any person who 
 has been a judge of the High Court of Justice for not less 
 than one year, may be appointed an ordinary judge of the 
 Court of Appeal. No person to be henceforth appointed a
 
 12 THE student's guide 
 
 judge of either of the said Courts is to be required to take 
 the degree of serjeant-at-law as formerly. (Jud. Act, 
 1873, sect. 8.) 
 
 Q. Wliat is the position of a judge of the Supreme 
 Court P 
 
 A. He holds his oifice for life, subject to a power of 
 removal by Her Majesty on an address presented to Her 
 Majesty by both Houses of Parliament. On appointment he 
 takes the oaths as heretofore, and he is incapable of sitting 
 in the House of Commons. (Jud. Act, 1875, sect. 5.) 
 
 Q. Is the Court of Bankruptcy united in the Supreme 
 Court P 
 
 A. No ; the provision to that effect in the Act of 1873 is 
 repealed by the Act of 1875, which provides (sect. 9) that 
 it shall not be so united, but shall continue in all respects 
 as if the first Act had not made such transfer. The o£6ce 
 of Chief Judge in Bankruptcy is to be filled by one of the 
 judges of the High Court of Justice, so that the existing 
 practice in this respect, under which a Vice-Chancellor is 
 also Chief Judge in Bankruptcy, is continued. 
 
 Q. How many sittings of the Supreme Court are 
 there to be in every year P 
 
 A. The sittings of the Court of Appeal, or in London 
 or Middlesex of the High Court of Justice, are to be four 
 every year, viz. : — 
 
 1. The Michaelmas sittings, to commence 2nd No- 
 
 vember and end 21st December. 
 
 2. The Hilary sittings, to commence 11th January 
 
 and end on the Wednesday before Easter.
 
 TO JUDICATURE ACTS, 1873 AND 1875. 13 
 
 3. The Easter sittings, to commence on the Tuesday 
 
 after Easter week and end on the Friday before 
 Whit Sunday ; and, 
 
 4. The Trinity sittings, to commence on the Tuesday 
 
 after Whitsuu week and terminate on the 8th 
 August. (Order 61.) 
 
 PART II. 
 
 Of the Constitution of " Her Majesty's High Court 
 OF Justice," and of the Sittings and the Distri- 
 bution OF Business therein ; and of the District 
 Registries. 
 
 Q. How is that Division of the Supreme Court of 
 Judicature called Her Majesty's High Coui't of Justice 
 constituted P 
 
 A. Its first judges are to be the existing ones of the 
 Courts constituting the Supreme Court, except such (if 
 any) as may be appointed ordinary judges of the Court 
 of Appeal, and when any vacancy occurs a new judge is to 
 be appointed by letters patent. All persons appointed 
 to fill the place of the Lord Chief Justice of England, the 
 Master of the Rolls, the Lord Chief Justice of the 
 Common Pleas, or the Lord Chief Baron, are to have the 
 same titles and precedence and be appointed in the same 
 way as heretofore, and any person appointed to fill the place 
 of any other judge is to be styled " Judge of Hur ]\rajesty's 
 Iliirh Court of Justice." The Lord Chief Justice of
 
 14 THE student's GUIDE 
 
 England is to be president of the Court in the absence 
 of the Lord Chancellor (Jud. Act, 1873, sect. 5). This 
 section also provided that the permanent number of 
 the judges was not to exceed twenty- one, but this part 
 of the section is repealed by sect. 3 of the Act of 1875. 
 Q. How is the High Court of Justice divided P 
 A. As it is, as stated in the previous answer, composed 
 of the different judges of pre-existing Courts, so it is 
 divided in accordance with those Courts over which the 
 judges previously presided, or nearly so. There are five 
 Divisions, viz. : (1), the Chancery Division, composed of 
 Chancery judges ; (2), the Queen's Bench Division, com- 
 posed of the judges of the Court of Queen's Bench ; 
 (3), the Common Pleas Division, composed of the judges 
 of the Court of Common Pleas ; (4), the Exchequer Divi- 
 sion, composed of the judges of the Court of Exchequer ; 
 and (5), the Probate, Divorce, and Admiralty Division, 
 composed of the judges of these Courts respectively. (Jud. 
 Act, 1873, sect. 31.) 
 Q. Who presides over each of these Divisions P 
 A. The judge who was chief of the formerly existing 
 Courts is now to be president of each Division, i.e., Of 
 Division 1 the Lord Chancellor ; 2, the Lord Chief Justice 
 of England ; 3, the Lord Chief Justice of the Court of 
 Common Pleas ; 4, the Lord Chief Justice of the Exche- 
 quer. Of the 5th Division the existing judge of the 
 Court of Probate is to be president, and subject thereto 
 the senior judge of the said Division. (Jud. Act, 1873, 
 sect. 31.)
 
 TO JUDlCATUIiE ACTS, 1873 AND 1875. 15 
 
 Q. Are the judges capable only of sitting in their 
 respective Divisions P 
 
 A. No; the division is not to prevent any judge from 
 sitting when required in any divisional Court, and any 
 judge may be transferred from one Division to another by 
 Her Majesty under her royal sign manual. (Jud. Act, 
 1873, sect. 31). 
 
 Q. Are these Divisions subject to alteration P 
 
 A. Either they or the judges thereof may be reduced or 
 increased by order of Her Majesty in Council upon recom- 
 mendation of the Council of Judges of the Supreme Court ; 
 such order has first to be laid before each House of Parlia- 
 ment for thirty days before coming into operation. (Jud. 
 Act, 1873, sect. 32). 
 
 Q, What jurisdiction is vested in the High Comi; of 
 
 Justice P 
 
 A. As the various formerly existing Courts, except the 
 Court of Bankruptcy, are consolidated into one (see ante, 
 p. 10), it follows that the High Court of Justice should 
 have vested in it all their original jurisdiction, which is, 
 indeed, specially provided, and also the jurisdiction of the 
 Court of Common Pleas at Lancaster, the Court of Pleas 
 at Durham, and the Courts created by Commissions of 
 Assize, Oyer and Terminer, and of Gaol Dehvery, and this 
 is to include the jurisdiction vested in the judges of the 
 said Court sitting in Court or chambers, or elsewhere, in 
 pursuance of any statute, law, or custom (Jud. Act. 1873, 
 sect. 16). But it is specially provided that there shall not 
 be transferred to the said Court : (1), the jurisdiction of
 
 16 THE student's GUIDE 
 
 the Court of Appeal in Chancery, or of the same Court in 
 bankruptcy ; (2), the jurisrliction of the Court of Appeal in 
 Chancery of the county palatine of Lancaster ; (3), the 
 lunacy jurisdiction formerly vested in the Lord Chancellor 
 and Lords Justices; (4), the jurisdiction vested in the 
 Lord Chancellor in relation to grants of letters patent ; 
 or, (5), as visitor of any college; and (6), any jurisdic- 
 tion of the Master of the Rolls in relation to records. 
 (Jud. Act, 1873, sect. 17.) 
 
 Q. What provisions are made as to business pend- 
 ing at the date of the commencement of the Acts 9 
 
 A. It is enacted that any judgment, decree, or order 
 made, but not completed, may be completed^ as if the 
 Acts had not passed, and take ejSect as if perfected before 
 the commencement of their operation. Every judgment, 
 decree, or order previously perfected may be executed, 
 enforced, amended, or discharged by the said High Court 
 of Justice and the Court of Appeal respectively in the same 
 way as if it had been a judgment of the said High Court 
 or of the said Court of Appeal, and that with respect to 
 all matters pending at the commencement of the Acts 
 they are to be continued before the Court of Appeal if in 
 the nature of appeals, and if not, before the said High 
 Court, and the said Courts are to have the like jurisdic- 
 tions as if the same had been commenced there. (Jud. 
 Act, 1873, sect. 22.) 
 
 Q. What rules are to be observed by the Courts in 
 exercising their jurisdiction ? 
 
 A. The same is to be exercised as provided by the Act 
 

 
 TO JUDICATURE ACTS, 1873 AND 1875. 17 
 
 and the Rules and Order?, and where no special provision 
 is made, then as nearly in the same manner as it might 
 have been exercised by the Courts from whicli the juris- 
 diction was transferred. (Jud. Act, 1873, sect. 23,) 
 
 Q. What provision is contained in the Act as to 
 terms ? 
 
 A. So far as relates to the administration of justice 
 terms are abolished, and are not to be applicable to any 
 sitting or business of the Court, but the Courts and judges 
 thereof are to have power to sit and act at any time and 
 at any place. But in all other cases in which the division 
 of terms is used as a measure for determining the time 
 within which any act is to be done they are to continue 
 until provision is made to the contrary. (Jud. Act, 1873, 
 sect. 26.) 
 
 Q. What vacations are to exist ? 
 
 A. In pursuance of sects. 27 and 28 of the Judicature 
 Act, 1873, by the Rules, Order (jl, the vacations are to 
 be four : the Lon^r, Christmas, Easter, and Whitsnn. The 
 Long Vacation is to be as heretofore, but two of the judges 
 are to sit during it in London or Middlesex, for the hear- 
 ing of urgent applications ; and the several offices of the 
 Supreme Court are to be open every day of the year except 
 Sundays, Good Friday, Monday, and Tuesday in Easter 
 week, Whit Monday, Christmas Day, and the next follow- 
 ing working day, and public fast days. 
 
 Q. What provision is made with regard to the 
 circuits of the judges ? 
 
 A. Ilcr Majesty may appoint any judges of the High 
 
 c
 
 18 THE student's GUIDE 
 
 Court, or other persons usually named in commissions of 
 assize, who are to have full powers and to be deemed to 
 constitute a Court of the said High Court of Justice 
 (Jud. Act, 1873, sect. 29). Subject to arrangements 
 between the judges of the High Court the sittings shall be 
 held by or before a judge of the Queen's Bench, Common 
 Pleas, or Exchequer Division of the said High Court, but 
 any ordinary judge of the Court of Appeal, or Chancery 
 Division, or serjeant-at-law, or Queen's counsel, may be 
 appointed. (Jud. Act, 1873, sect. 37.) 
 
 The Act of 1875 (sect 23), also enacts that Her Majesty 
 may by Order in Council provide for the discontinuance of 
 any circuit, or for appointment of the places for assizes to 
 be held at, or for altering the day appointed for holding 
 assizes. 
 
 Q. At what periods are sittings to be held in 
 London and Middlesex P 
 
 A. Subject to Eules of Court and vacations, and as far 
 as practicable, they are to be held continuously, and by as 
 many judges as the business may render necessary. Any 
 jurlge so sitting is to be deemed to constitute a Court 
 of the said Higli Court of Justice. (Jud. Act, 1873, 
 sect. 30.) 
 
 Q. Before which of the judges are such sittings to 
 be held P 
 
 A. As on circuit, so these sittings are to be held by or 
 before judges of the Queen's Bench, Common Pleas, or 
 Exchequer Divisions of the said High Court. (Jud. Act, 
 ] 873, sect. 37.)
 
 TO JUDICATURE ACTS, lJ?73 AND 1875. 10 
 
 Q. In what way is the business of the High Court 
 to be distributed over its different Divisions P 
 
 A. As provided by Rules of Courf, but subject thereto, 
 generally the same matters as would have before been 
 within the exclusive or peculiar jurisdiction of each 
 different Court are now to be within the exclusive and 
 peculiar jurisdiction of the corresponding Division. By 
 the original Act the jurisdiction in bankruptcy was trans- 
 ferred to the Exchequer Division, but this part of the 
 section is repealed, the Court of Bankruptcy being by 
 the 1875 Act, as stated in a previous answer (see ante, 
 p. 12), kept distinct from the Supreme Court. Tlia. 
 Chancery Division is not to have the jurisdiction in ap- 
 peals from County Courts that the Court of Chancery had 
 (see as to County Court Appeals, post, p. 23). Causes and 
 matters pending at commencement of the Act in each 
 Court are to be continued in the corresponding Division, 
 and those then pending in the Court of Common Pleas 
 at Lancaster and the Court of Pleas at Durham are to be 
 continued in the Common Pleas Division. (Jud. xVct, 
 1873, sect. 34.) 
 
 Subject as before stated, and to any Bules of Court, it is 
 in the option of the plaintiff to choose in what Division 
 he will sue by marking the document commencing the 
 action with the name of the Division, and all subsequent 
 proceedings are to bo taken in the Division to which 
 the cause is temporarily attached. (Jiid. Act, 1875, 
 sect. 11.) 
 
 c 2
 
 20 THE student's GUIDE 
 
 Q. Is the plaintiff allowed an absolute choice of 
 which Division he will commence his action in ? 
 
 A. Primarily he is, but if he commence it in a Division 
 to which, according to the provisions of the Act or the 
 Eules of the Court, it ought not to be assigned, the Court 
 may on summary application transfer it to the proper 
 Division, or retain the same in the Division in which it 
 commenced ; and a cause is not to be commenced in the 
 Probate, Divorce, and Admiralty Division unless formerly 
 it would have been commenced in one of those Courts. 
 (Jud. Act, 1875, sect. 11.) 
 
 The Act of 1873 (sect. 86), also provides that the Court 
 may transfer causes from one Division to another without 
 any application being made (sect. 36). 
 
 Q. What is the result of a plaintiff assigning his 
 cause to a wrong Division ? 
 
 A. As stated in the previous answer it may be trans- 
 ferred or retained, and it is provided that all steps taken 
 in such wrong Division before transfer shall be neverthe- 
 less as valid and effectual as if made in the propter 
 Division. (Jud. Act, 1875, sect. 11.) 
 
 Q. In what way is it that the Act does away with the 
 possibility that existed under the previous system of 
 seeking a remedy in the wrong Court ? 
 
 A. Practically, in modern times the risk of going to a 
 Court of Law when relief should have been sought in 
 Equity, and vice versa, was vertj slight. However, it is 
 quite done away with by the provisions of the Acts, as 
 before stated, enabling the Court to summarily transfer
 
 TO JUDICATURE ACTS, 1873 AND 1875. 21 
 
 the cause to the proper Division, and giving effect to all 
 previous steps, or retaining the same in the Division where 
 commenced if the Court shall think fit. 
 
 Q, Before whom are election petitions to be tried ? 
 
 A. The judges who at the commencement of the Act 
 are on the rota for trial of these petitions are to so con- 
 tinue until the end of the year, and afterwards they are 
 to be selected out of the judges of the Queen's Bench, 
 Common Pleas, and Exchequer Divisions, as may be 
 provided by Rules of Court ; and, subject to such Rules, 
 they are to be selected from tlie judges of those Divisions 
 as if such Divisions had been named instead of the Courts 
 of Queen's Bench, Common Pleas, and Exchequer respec- 
 tively in the "Parliamentary Elections Act, 1808." (Jud. 
 Act, 1873, sect. 38.) 
 
 Q. Who is to have jurisdiction in respect of 
 lunatics ? 
 
 A. The jurisdiction formerly vested in the Lords 
 Justices of Appeal in respect of lunatics is to be exercised 
 by such judge or judges of the High Court, or Court of 
 Appeal, as may be intrusted by the sign manual of the 
 sovereign with the care and commitment of the custody 
 of such persons and estates. (Jud. Act, 1875, sect. 7.) 
 
 Q. Before how many judges, or in what way, are 
 causes and matters in the High Court to be heard ? 
 
 A Where formerly a single judge would have had 
 jurisdiction either in Court or Chambers, any one judge of 
 the High Court is now to have jurisdiction, and to be 
 deemed to constitute a Court ; and it is parti^'ularly pro- 
 vided that in the Chancerv, and the Probate, Divorce,
 
 22 THE student's guide 
 
 and Admiralty Divisions, causes and matters shall, in 
 the first instance, be disposed of by one judge only, as 
 heretofore accustomed in tliose Courts respectively ; and 
 causes and matters not proper to be heard by a single 
 judge are to be disposed of before a Divisional Court. 
 (Jud. Act, 1873, sects. 39, 40, 42.) 
 Q. How many judges are to constitute a Divisional 
 
 Court P 
 
 A. Two, or three, and no more ; when possible three. 
 
 Any number of Divisional Courts may sit at the same 
 time. (Jud. Act, 1873, sect. 40.) 
 
 Q. How is business that would formerly have come 
 before the Courts of Common Law in banc to be 
 disposed of P 
 
 A. By Divisional Courts, which are to include, as far 
 as practicable, one or more judge or judges attached to the 
 particular Division to which the cause or matter out of 
 which such business arises has been assigned. (Jud. Act, 
 1873, sect. 41.) 
 
 q. What matters are to be heard before the Divi- 
 sional Courts ? 
 
 A. (1.) All causes and matters not proper to be heard by 
 a single judge. (Jud. Act, 1873, sect 40.) 
 
 (2.) All matters that would formerly have come before 
 the Courts of Common Law sitting in banc. (Jud. Act, 
 1873. sect. 41.) 
 
 (3.) In the Chancery, and the Probate, Divorce, and 
 Admiralty Divisions, all causes and matters which the 
 iudoe to whom the business is assigned, with the con- 
 currence of the President of the Division, deems proper
 
 TO JUDICATURE ACTS, 1873 AND 1875. 23 
 
 to be heard by a Divisional Couit. (Ju<l. Act, 1873, 
 8^8^43 and 44.) 
 
 (4.) Appeals f'loin Petty or Quarter Sessions, or from a 
 County Court or other iuferior^Qpurt ; and the determina- 
 tion on such appeals to such Divisional Courts is to be 
 final, unless special leave to appeal is given by the . 
 Divisional Court hearing the appeal. (Jud. Act, 1873, 
 sect. 45.) 
 
 (5.) Cases or points reserved by any judge of the High 
 Court. *7jud- ^ct, 1873, sect. 46.) 
 
 Q. What provision is made by the Act for the deter- 
 mination of Crown Cases resei^ed P 
 
 A. They are to be determined by the judges of the 
 Hiirh Court, or five of them at least, which are to include 
 the chiefs of the Common Law Divisions, or one of _them^j 
 the decision of such judges is to be final. 
 
 Q. To where are appeals from County Court deci- 
 sions to be made P 
 
 A. To a Divisional Court of the High Court of Justice, 
 consisting of such judges thereof as may from time to 
 time be assigned for that purpose pursuant to Kules of 
 Court, and the determination of such appeals by such 
 Divisional Court is to be final, unless special leave to go 
 to the Court of Appeal shall be given by such Divisional 
 Court. (Jud. Act, 1873, sect. 45.) 
 
 Q. If any point arises in the course of a trial, what 
 course may the judge take ? 
 
 A. He may reserve the same for the consideration of, 
 or direct any case to be argued before, a Divisional Court
 
 24 THE student's guide 
 
 (Jud. Act, 1873, sect. 46); but the Jud. Act, 1875 
 (sect. 22), by way of explanation of this provision, enacts 
 that it is not to prejudice the right of any party to any 
 action to have the issues for trial by jury submitted and 
 left by the judge to the jury. 
 
 Q. State briefly the provision made for the establish- 
 ment of district registries. 
 
 A. By the Jud. Act, 1873, sect. 60, amended by the 
 Jud. Act, 1875, sect. 13, it is provided that district 
 registries may be established throughout the country 
 in order to facilitate the prosecution of actions in country 
 districts. 
 
 By a recent Order of Her Majesty in Council various 
 places throughout the kingdom have been appointed in 
 which there are to be district registries, and for the main 
 part the County Court registrars are to be the district 
 registrars. 
 
 Q, What is to be the extent of the jurisdiction 
 exercised in these district registries P 
 
 A. Actions may be commenced and continued down to 
 entry for trial, or (if the Plaintiff is entitled to sign final 
 judgment, or obtain an order for an account by reason of 
 the non-appearance of the defendant) down to final judg- 
 ment, or an order for an account. Any action com- 
 menced in the district registry is, however, subject, on 
 the application of any party, at the discretion of a judge 
 of the High Court, to be removed from there. (Jud, Act, 
 1873, sects. 64 and 65.)
 
 TO JUDICATURE ACTS, 1873 AND 1875. 25 
 
 PART III. 
 
 Of the Constitution of " Her Majesty's Court of 
 Appeal," and its Jurisdiction. 
 
 Q., How is that Division of the Supreme Court of 
 Judicature called "Her Majesty's Court of Appeal" 
 constituted P 
 
 A. It is constituted by five ex-officio judges and ordi- 
 nary judges to be appointed by Iler ]\Iajcsty, not exceed- 
 ino' three at any one time, and also the Lord Chancellor may 
 request the attendance of an additional judge from either 
 the Queen's Boncli, Common Pleas, Exchequer, or Pro- 
 bate, Divorce, and Admiralty Divisions, except during the 
 time of the Spring or Summer circuits. (Jud. Act, 1875, 
 sect 4, instead of sect. 6 in 1873 Act, repealed.) 
 
 Q. Who are to be the ex-officio judges of this 
 
 Court ? 
 
 A. (1.) The Lord Chancellor ; 
 
 (2.) The Lord Chief Justice of England ; 
 
 (3.) The Master of the Rolls ; 
 
 (4.) The Lord Chief Justice of the Common Pleas; 
 
 and 
 (5.) The Lord Chief Baron of the Exchequer. (Jud. 
 Act, 1875, sect. 4.) 
 Q. Who are to be the first ordinary judges of this 
 Court? 
 
 A. The two present Lord Justices of Appeal in Chan-
 
 26 THE student's guide 
 
 eery, and one other person to be appointed by Her Majesty 
 by letters patent. (Jud. Act, 1875, sect. 4.) 
 Q. What is to be the nature of the tenure of the 
 
 judges ? 
 
 A. Except the Lord Chancellor, during good behaviour, 
 subject to removal by Her Majesty on an address by both 
 Houses of Parliament, and they cannot sit in the House of 
 Commons. 
 
 Q. In what order of precedence are the judges of 
 this Court to rankP 
 
 A. The Lord. Chancellor is to be president, the other 
 ex-oficio judges to retain their present order, and the 
 ordinary judges according to the priority of their appoint- 
 ments. (Ju I. Act, 1875, sect. 6.) 
 
 Q. What jurisdiction is transferred to the Court 
 of Appeal .P 
 
 A. All the jurisdiction and powers formerly vested in 
 all or any of the following Courts, or persons: — 
 
 (1.) In the Lord Chancellor and Court of Appeal in 
 Chancery, in the exercise of his and its appellate 
 jurisdiction, and also as a Court of Bankruptcy 
 Appeal. 
 (2.) In the Court of Appeal in Chancery of the county 
 palatine of Lancaster, or of the Chancellor of the 
 duchy and said county palatine. 
 (3.) In the Court of the Lord Warden of the Stanna- 
 ries, or in the Lord Warden sitting in his capacity 
 of judge. 
 (4.) In the Court of Exchequer Chamber.
 
 TO JUDICATUKE ACTS, 1873 AND 1875. 27 
 
 (5.) lu ller Majesty in Council ur the Judicial Com- 
 mittee of the Privy Council, upon appeal from 
 any judgment or order of the High Court of Ad- 
 miralty, or from any order iu luuacy. (Jud. Act, 
 1873, sect. IS.j 
 Q. To what Court are all appeals from the High 
 Court of Justice to be made P 
 
 A. To "Her Majesty's Court of Apix-al." (Jud. Ael, 
 1873, sect. 19.) 
 
 Q. What is the preseit position of the appellate 
 jmisdiction of the House of Lords ? 
 
 A. Tiie provision of the Judicature Act, 1873 (sect. 20), 
 is to the effect that save as regards pending urits of 
 error or appeal, or the right to bring error or appeal from 
 any prior judgment or order, such jurisdiction be abolished. 
 Hut by sect. 2 of the Act of 1875, the operation of this 
 section is postponed until the 1st November, 1876, and 
 until then appeals may be brought to the House of Lords 
 from orders of the Court of Appeal. 
 
 Q. What is the present position of the jurisdiction 
 of the Judicial Committee of Her Majesty's Privy 
 
 Council P 
 
 A. Like the appellate jurisdiction of the House of 
 Lords it is abolished by the same section of the Jud. Act, 
 1873, but the operation of the enactment is likewise post- 
 poned till the 1st November, 1876, by sect. 2 of the Act 
 of 1875.
 
 28 THE student's guide 
 
 PAET IV. 
 
 Of Certain Kules of Law. 
 
 O. What is the new rule introduced as to the ad- 
 ministration of assets of insolvent estates of deceased 
 testators or intestates, and in the winding-up of com- 
 panies whose assets are insufficient 9 
 
 A. It is provided that the same rules shall prevail as to 
 the respective rights of all secured and unsecured creditors, 
 and as to all debts and liabilities, and the valuation of 
 annuities and future and contingent liabilities, as may be 
 in force for the time being under the Law of Bankruptcy, 
 in respect of bankrupts' estates. (Jud. Act, 1875, sect. 10, 
 instead of Jud. Act, 1873, sect. 25, sub-sect. 1, repealed.) 
 
 The main consequences of this enactment seem to be 
 that all unsecured debts will rank pari passu, and a re- 
 gistered judgment will be entitled to no priority. A 
 secured creditor must value his security, and prove for the 
 deficiency, as specified in the Bankruptcy Act, 1869, and 
 if his security realise more than he esfimated it at, must 
 give up the surplus for the benefit of the estate, and 
 if less than he estimated it at, cannot prove for the 
 deficiency. (It is very possible that numerous doubts 
 may arise on this enactment, and for a fuller consideration 
 thereof the student is referred to Griffith's Jud. Act, 
 pp. 32-35.) 
 
 Q. Are the Statutes of Limitation to apply to ex- 
 press trusts P 
 
 A. No, they are not ; nor to any claim in respect of any
 
 TO JUDICATURE ACTS, 1873 AND 1875. 29 
 
 breach of such trust. (Jud. Act, 1873, sect 25 (2).) This 
 is simply the priiicii)le wliich has always provaih-d in 
 Equity. 
 
 Q. Wliat provision is made by the Jud. Act, 1873, 
 as to equitable waste ? 
 
 A. That a tenant for life without impeachment of 
 waste shall have no legal right to commit equitable 
 waste unless an intention to that effect shall expressly 
 appear by the instrument creating such estate. (Jud. 
 Act, 1873, sect. 25 (3).) 
 
 Q. Explain the object and effect of the foregoing pro- 
 vision. 
 
 A. It is a provision arising naturally from the nominal 
 union (which it is the object of the Act to effect), of the 
 Courts of Law and Equity. Equitable waste was only 
 recognisable and relievable against in Equity, whilst Law 
 suffered it with impunity, and while all the Courts are 
 fused into one High Court of Justice, it would be an 
 anomaly to let there be a remedy in the Equitable Division 
 but not in the other Divisions. Therefore the object of 
 the provision is to establish uniformity in the matter in 
 all the Divisions, and the effect to give a remedy for 
 "equitable waste " in all the Courts. 
 
 It may be noticed that the Act makes no provision for 
 the case of equitable waste in the case of ajeuant in fee 
 simple, with an executory devise over, who is, in the same 
 way as a tenant for life without impeachment of waste, 
 prohibited from committing equitable waste. (See In- 
 dermaur's Eq. and Conv. Cases, 2nd Ed., p. A.)
 
 30 THE student's GUIDE 
 
 Q. state the provision in the Jiid. Act, 1873, as to 
 merger, and explain it. 
 
 A. It is provided that there shall not be any merger by 
 operation of law only of any estate the beneficial interest 
 in which would not be deemed merged or extinguished in 
 Equity (sect. 25 (4).) It is explained by referring to the 
 object stated in the previous answer ; for whereas formerly 
 an interest might be merged at Law, but yet kept alive in 
 Equity, now that the Courts are united the same law is to 
 be observed in all the Divisions. 
 
 Q. Can a person after he has mortgaged land 
 bring an action of ejectment against some person 
 (other than the mortgagee) who has wrongfully ac- 
 quired possession, for its recovery P 
 
 A. Having by his mortgage parted with his actual 
 legal interest, he could not formerly have done so, though, 
 of course, he was in Equity beneficially entitled after 
 payment of the mortgage money, the mortgage being 
 there merely looked upon as a security for the money. 
 It is, however, now provided that until the mortgagee has 
 given notice of his intention to take possession, or to 
 e'nter into receipt of the rents and profits, the mortgagor 
 may sue to recover possession, or in respect of any tres- 
 pass or other wrong, in his own name only, unless, indeed, 
 the cause of action arises upon a lease or other contract 
 made by him jointly with any other person. (Jud. Act, 
 1873, sect. 25 (5).) 
 
 Q. Can a chose in action be legally assigned so as 
 to enable the assignee to sue in his own name ? 
 
 A. Formerly it could not, except in a few cases, such as
 
 TO .TUDTOATUHK A( TS, 1873 AND 187'». P. I 
 
 bills of exchange by the cusTom of merchants, life poli- 
 cies by Stat. 30 & 31 Yict. c. 144, and marine policies by 
 31 & 32 Vict. c. 86 ; but it is now provided by the Act 
 tliat all cho3es in action shall be legally assignable by wav 
 of absolute assignment, express notice in writing being 
 given to the debtor, trustee, or other person from whom 
 the assignee wouhl have been entitled to claim. (.Tud. 
 Act, 1873, sect. 25 (0) ) 
 
 Q. If a debt or other chose in action is absolutely 
 assigned, and express notice is given as provided by 
 the Act, but the assignment is afterwards disputed, 
 what course should the holder of the debt or other 
 chose take ? 
 
 A. He may call upon the parties to jiitei^jlead, or pay 
 the same into the High Court of Justice, under the pro- 
 visions of the Act for relief of tru^^tees. (Jud. Act, 1873, 
 sect. 25 (6).) 
 
 Q. A contract for sale of property contains a provi- 
 sion that it shall be completed by a certain date. If 
 it is not so completed through the fault of one of 
 the parties, is the other entitled to rescind the con- 
 tract P 
 
 A. At Law he would have been, but not in Equity, un- 
 less it was expressly stipulated that time was of the essence 
 of the contract, or unless it was so from the nature of the 
 property, as on the sale of a life interest or other uncer- 
 tain interest. The Common Law rule is now by the Act 
 done away with, and such a contract as specified in the 
 question is to receive the same construftion as it before 
 would liave in Equity. (.Jud. Ait. 1873, sect. 25 (7) )
 
 32 THE student's guide 
 
 This provision again, as mentioned with regard to that 
 relating to equitable waste, simply results from the 
 nominal fusion of the Courts of Law and Equity into one. 
 
 Q. In what cases will the High Court appoint a 
 receiver? 
 
 Q. In the same cases as heretofore (see Hallilay's 
 Digest, 7th ed. p. 381), and in addition, in all cases in 
 which it shall appear to the Court to be just or conve- 
 nient. (Jud. Act, 1873, sect. 25 (8).) 
 
 Q. What provison is contained in the Act as to 
 the granting of injunctions ? 
 
 A. The widest possible power is given to the Court to 
 grant injunctions, either conditionally or unconditionally, 
 and that whether the estates claimed by both or either of the 
 parties are legal or equitable. (Jud. Act, 1873, sect. 25 (8).) 
 
 Q. Can all the Divisions of the High Court decree 
 specific performance of a contract 9 
 
 A. This may, perhaps, be considered doubtful. Formerly, 
 practically, the jurisdiction of the Court of Equity to do 
 so was exclusive, for under the power given to the Courts 
 of Common Law by the Common Law Procedure Act, 
 1854, sect. 68, it was decided they could only decree spe- 
 cific performance of contracts comprising a public jduty. 
 (^enson y. PauU, 27 L T. Eep. 78.) The Jud. Act, 
 1873, sect. 25 (8), now provides generally that a mandamus 
 may be granted by the Court, which would seem to include 
 all its Divisions. 
 
 Q. What is meant by the doctrine of contributory 
 
 negligence ? 
 
 A. By it is meant that if a plaintiff has by his own act
 
 TO JUDICATURE ACTS, 1873 AND 1875. 33 
 
 contributed to the injury done him he is not entitled to 
 recover. 
 
 Q. Does the doctrine of contributory negligence 
 apply to collisions at sea ? 
 
 A. Xo, being a Common Law rule ; and on this point it is 
 expressly provided by the Jud. Act, 1873, sect. 25 (9), 
 that "the rules liitherto in force in the Court of Admi- 
 ralty, so far as they have been at variance with the rules 
 in force in the Courts of Common Law, shall prevail." 
 Q. Wliat is the Admiralty rule as to collisions ? 
 A. That where there is fault in both ships ; the injury to 
 both is Estimated and divided between them. (Griffith's 
 M. Acts, pp. 41, 42.) 
 
 Q. Are the rules of Law or Equity to prevail as to 
 
 custody and education of infants P 
 
 A. The rules of Equity. (Jud. Act, 1873, sect. 25 (10) ). 
 
 Q. If in any matter arising in the Supreme Court 
 
 there is a variance between the rules of Law and 
 
 Equity, which are to prevail? 
 
 A. It is enacted that in any such case of variance or 
 conflict the rule of Equity shall prevail (Jud. Act, 1873, 
 sect. 25 (11)). So that, for instance, in the case of con- 
 tribution between sureties, in which at Law it has been 
 with reference to the number originally liable, but in 
 Equity with reference to the number liable at the time of 
 contribution being sought— (see ludermaur's Eq. and Conv. 
 Cases, 2nd cd. p. 40)— it will now always be as in Equity (a). 
 
 (o) For further information and consideration of the rules of 
 Law contained in the Jud. Act, 1873, sect. 25, the student is re- 
 ferred to Mr. Downcs Griffith's work on the Jud. Acts, pp. 32-4-2. 
 
 D
 
 34 THE student's guide 
 
 PAET V. 
 
 Of Procedure generally. 
 1. The Action and Writ of Summons to Service. 
 
 Q. How are proceedings in the High Court of 
 Justice to be instituted ? 
 
 A. All future actions at Law or suits in Equity are to 
 be instituted by a proceeding to be called an action. 
 (Order 1, r. 1.) """^ " 
 
 Q. How are such actions to be commenced P 
 
 A, By a writ of summons (which by Order 6, r. 5, may 
 be written or printed, or partly written, and partly printed), 
 specifying the Division of the High Court to Avhich it is 
 intended that the action should be assigned, and indorsed 
 with particulars of the plaintiflTs claim'; various forms of 
 writs are given in an Appendix to the Eules ; and it is 
 not essential for the indorsement to set forth the pre- 
 cise claim, and the Court may at any time amend or 
 extend it. If the writ or indorsement is unnecessarily 
 prolix, the extra costs thereof are to be borne by the party 
 using it, unless the Court shall otherwise direct. (Orders 
 2 and 3.) 
 
 Q. Can such writ of summons be served out of the 
 jurisdiction 9 
 
 A. Yes, by leave of the Court or a judge; and a form
 
 TO JUDICATURE ACTS, 1873 AND 1875. 35 
 
 of such writ (to be varied as necessary) is given in the 
 Appenrlix to the Eules. (Order 2, rr. 4, 5.) 
 
 Q. Can a writ still be issued under the Bills of Ex- 
 change Act, 18 & 19 Vict. c. 67 ? 
 
 A. Yes, as heretofore. (Order 2, r. 0.) 
 
 Q. How are all writs to be tested ? 
 
 A. In the name of the Lord Chancellor ; or if that 
 office is vacant, in tlie name of the Lord Chief Justice 
 of Enghind. (Order 2, r. 8.) 
 
 Q. What provision is made for specially indorsing 
 a writ, and what is the advantage of so doing P 
 
 A. A w rit may be specially indorsed where the plaintiff 
 sues for a liquidated demand; and in such case the 
 amount of debt and costs is to be stated, and a notice in- 
 dorsed that upon payment within four days further pro- 
 ceedings will be stayed (Order 3, rr. 6, 7). The ad- 
 vantage of the special indorsement is that the plaintiff 
 may, upon an affidavit verifying the cause of action, and 
 that he believes there is no defence, call on the defendant 
 to shew why he should not have judgment; and unless 
 defendant offers to pay the amount into Court, or satisfies 
 the judge that he has a good defence, the judge may 
 empower the plaintiff to at once sign judgment. Leave 
 to defend may be given unconditionally, or on terms as to 
 security or otherwise, and if a defence set up applies only 
 to part of the claim the plaintiff may have judgment 
 forthwith as to the rest. (Order 3, rr. 6 and 7, and 
 
 Order 14.) 
 
 D 2
 
 36 THE student's guide 
 
 Q. If the plaintiff in any action desires an account, 
 e.g., in an action by a " cestui que trust " against his 
 trustee, what peculiarity is there in the procedure ? 
 
 A. The writ may be indorsed with a claim for the ac- 
 count, and if the defendant does not appear, or appearing 
 fails to satisfy the Court or judge that there is some pre- 
 liminary question to be tried, an order for the account, 
 with all usual directions, may be made forthwith. (Order 3, 
 r. 8, and Order 15.) 
 
 Q. What indorsement are writs to have ? 
 
 A. As before stated, an indorsement of claim must be 
 made, and the additional special indorsement may be 
 made, if a fixed liquidated sum is sued for ; the name and 
 address of the solicitor issuing the writ must also be 
 indorsed, and if he is an agent, then the two names, and if 
 the plaintiff sues in person, then his name and address. If 
 the writ is issued in London, or in a district registry, with 
 the option to the defendant of entering an appearance 
 there or in London, and if the address of the plaintiff's 
 solicitor, or the plaintiff suing in person, is more than 
 three miles from Temple Bar, an address for service must 
 be given within that distance. If the writ is issued in a 
 district registry without the said option, it is sufficient for 
 the plaintiff's solicitor to give his place of business within 
 the district, or for the plaintiff suing in person to give an 
 address within the district (Order 4). The person serving 
 the writ must indorse on it the day of the month and 
 week of service within three days after, otherwise the
 
 TO JUDICATURE ACTS, 1873 AND 1875. 37 
 
 plaintiff cannot proceed by default in the case of non- 
 appearance. (Order 9, r. 13.) 
 
 Q. With reference to the district registries (see ante, 
 p- 24), can any action commenced there be removed to 
 London ? 
 
 A. Yes ; it is liable to such removal on the application 
 of any party at the discretion of the judge. (Jud. Act, 
 1873, sect. 05.) 
 
 Q. Is such removal always at the discretion of the 
 Judge of the High Court to whom the application is 
 made ? 
 
 A. Yes ; except in the following cases, when it is of right: 
 (1.) ^Vhere the writ is specially indorsed, and the 
 plaintiff does not within four days after appear- 
 ance give notice of an application for leave to 
 sign judgment. 
 (2.) Where plaintiff has made such application, and 
 
 the defendant has obtained leave to defend. 
 (3.) Where the writ is not specially indorsed. 
 But in each of the above three cases the removal must 
 be before delivering a defence, and before the expiration 
 of the time for doing so. (Order 35, r. 11.) 
 
 Q. Can the plaintiff at his option issue a writ from 
 London or from the registry of any district P 
 
 A. Yes (except in probate cases, in which tlie writ can- 
 not be issued from the district registry), but if the defend- 
 ant neither resides nor carries on business within such 
 district registry, the writ must give him his option of 
 either appearing there or in Loudon. (Order 5.)
 
 38 THE student's guide 
 
 Q. How does the plaintiff in an action in the High 
 Court signify in which Division he sues P 
 
 A. By marking tlie writ ol' summons witli the Division, 
 and if in the Cliancery Division, then in addition with the 
 name of one of the judges (Order 6). But this is subject 
 to the power of transfer by the Court. 
 
 Q. Can concurrent writs be issued P 
 
 A. Yes, at any time within twelve months after issuing 
 the original writ, and they are to be marked with a seal 
 bearing the word " concurrent." (Order 6.) 
 
 Q. What disclosures can be demanded by a defendant 
 from plaintiffs and their solicitors P 
 
 A. He may demand from the solicitor whether the writ 
 has been issued by his authority, and if he answers in the 
 negative, all further proceedings are to be stayed ; and if 
 partners sue in the name of their firm, the defendant may 
 demand of them or their solicitor the names and places 
 of residence of all the persons constituting the firm. 
 (Order 7.) 
 
 Q. How long does a writ of summons remain in force, 
 and can it be renewed ? 
 
 A. It is in force for twelve months, and when it has not 
 been served may by leave be renewed for six months, and 
 so on from time to time, on satisfying the judge or regis- 
 trar that reasonable efforts have been made to serve it, or 
 for other good reason. (Order 8.) 
 
 Q. How is the writ of summons to be served ? 
 
 A. When practicable, in the same way in which personal 
 service is now made ; but if it is made to appear to the
 
 TO JUDICATURE ACTS, 1873 AND 1875. 39 
 
 Court or a judge that the plaintiff cannot effect prompt 
 personal service, an order for substituted or other service 
 may be made. No service is required where a solicitor 
 agrees to accept service, and enters an appeai-ance. 
 (Order 9, rr. 1, 2.) 
 
 Q. When husband and wife are defendants, must 
 both be sei-ved ? 
 
 A. No ; it is sufficient to serve the husband, but the 
 Court may order that the wife shall be served, with or 
 without service on the husband. (Order 8, r. 3.) 
 
 Q. How is service on an infant defendant to be 
 
 effected ? 
 
 A. By service on the father or guardian, and, if none, 
 service on the person with whom the infant resides, or 
 under whose care he is, shall be good, unless the Court or 
 judge otherwise orders, and the Court or judge may order 
 that service on the infant himself shall be good service. 
 (Order 9, r. 4.) 
 
 Q. The same question as to a lunatic ? 
 
 A. By service on the committee or person with whom 
 he resides, or under whose care he is, unless the Court or 
 judge otherwise orders. (Order 9, r. 5.) 
 
 Q. How should partners be sued, and how should the 
 writ be served 9 
 
 A. In the name of their firm, and the writ served on 
 any one of them, or at their principal place of business 
 within the jurisdiction, upon the person managing or 
 having control there. (Order 9, r. 6.)
 
 40 THE student's GUIDE 
 
 Q. In an action to recover land when the possession 
 is vacant, how may the writ be served P 
 
 A. When it cannot be otherwise effected, by posting a 
 copy of tlie writ upon the door of the dwelling-house, or 
 other conspicuous part of the premises. (Order 9, r. 8.) 
 (See general provisions as to ejectment, joost, pp. 79, 80.) 
 
 Q. Can a writ of summons be served out of the juris- 
 diction ? 
 
 A. Yes ; by leave of a Court or judge, when the subject- 
 matter of the action is property within the jurisdiction or 
 relating thereto, or a contract made or entered into or 
 broken within the jurisdiction, or whenever any act or 
 thing sought to be restrained or removed, or for which 
 damages are sought, was or is to be done, or is situate 
 within the jurisdiction (Order 2, r. 4, and Order 11, r. 1). 
 Every application for such leave is to be supported by 
 affidavit shewing in what country the defendant may pro- 
 bably be found, and whether he is a British or foreign 
 subject (in which latter case the service would be of a 
 notice of the writ, instead of the writ), and the grounds of 
 the application, and the order giving leave is to limit a 
 time for appearance. (Order 11, rr. 3 and 4.) 
 
 2. A2)]}earanee. 
 Q. Where is an appearance to an action to be 
 
 entered ? 
 
 A. If the writ is issued in London, of course in London ; 
 if in a district registry, if the defendant resides or carries 
 on business within the district, he shall appear there, and
 
 TO JUDICATURE ACTS, 1873 AND 1875. 41 
 
 if issued iu the district and he does not so reside or carry 
 on business, he can ap[)car either in London or the district 
 registry. (Order 12, rr. 1-3.) 
 
 Q. If to a writ issued in a district registry, some or 
 one of the defendants appear there, and some or one in 
 London, where is the action to be continued P 
 
 A. In London, unless the Court or a judge shall be 
 satisfied that the defendant or defendants appearing in 
 London is or are merely a formal defendant or defend- 
 ants. (Order 12, r. 5.) 
 
 Q. Is it necessary for a defendant to give the plain- 
 tiff's solicitor notice of liis appearance ^ 
 
 A. Only if he appears elsewhere than where the writ is 
 issued, or after the proper time for appearance. (Order 
 12, rr. 6 and 15.) 
 
 Q. Kow are partners sued in their firm's name to 
 appear ? 
 
 A.t They shall appear individually in their own names, 
 but all subsequent proceedings are to continue in the 
 name of the firm, (Order 12, r. 12.) 
 
 Q. Within what time is a defendant to appear to a 
 writ of summons ? 
 
 A. Within eight days (see form of writ in Appendix A. 
 to Judicature Act, 1875, Part I.) 
 
 Q. If on a defendant not appearing, it appears that 
 he is an infant, or person of unsound mind not so foimd 
 by inquisition, what course can the plaintiff take ? 
 
 A. He may api)ly to a Court or a judge that some 
 proper person may be assigned guardian to defend the
 
 42 THE student's guide 
 
 suit, and in support of such application must shew that 
 the writ was duly served, and that after the time for 
 appearance, and at least six days before the hearing, 
 notice of such application was served upon or left at the 
 dwelling-house of the person with whom, or under whose 
 care, such defendant was at the time the writ was served ; 
 and also if an infant, served upon or left at the dwelling- 
 house of the father or guardian of such infant, unless at 
 the hearing of the application this latter necessary is dis- 
 pensed with. (Order 13, r. 1.) 
 
 Q. In the event of the non-appearance of an ordi- 
 nary defendant, what is the course for the plaintiff to 
 take? 
 
 A. This differs as to the nature of the writ, and they 
 had therefore better be stated separately. 
 
 (1.) Where the writ is specially indorsed (see, ante, p. 35), 
 on affidavit of service the plaintiff may at once sign 
 final judgment, as he would under the old system have 
 done at Common Law under a specially indorsed writ. If 
 some aj)j)ear, he may proceed against them, notwith- 
 standing that he signs judgment and issues execution 
 against those not appearing. (Order 13, rr. 3 and 4.) 
 
 (2.) Where tlie writ is for a fixed sum, hut not so specially 
 indorsed, the plaintiff may file an affidavit of service, and 
 a statement of the particulars of his claim, and after 
 eight further days sign final judgment. (Order 13, r. 5.) 
 
 (3.) Wliere the lurit is for unliquidated damages, or 
 for detention of goods, the plaintiff may, on affidavit of 
 service, at once sign interlocutory judgment, after which
 
 TO JUDICATURE ACTS, 1873 AND 1875. 43 
 
 the damages are to be ascertained by a writ of inquiry, or 
 they may bo ordered to be ascertained in any way in 
 which any question arising in an action may be tried (see 
 post, pp. 64, 05). (Order 13, r. 0.) 
 
 (4) If the writ is in rcsjject of a Chancery matter, on 
 fding an affidavit of service, the action may proceed as if 
 the defendant had appeared. (Order 13, r. 9.) 
 
 3. Parties ; Joinder of Causes of Action. 
 
 Q. Wliat is the consequence of a misjoinder of 
 persons as plaintiffs P 
 
 A. Judgment may be given for such one or more as 
 may be found to be entitled, without any amendment, but 
 the defendant is to be entitled to any extra costs occa- 
 sioned by such misjoinder. The Court, or a judge also, if 
 satisfied that a person wrongly made plaintiff has been so 
 made by mistake, may order any other person or persons 
 to be substituted, and generally no action is to be defeated 
 by reason of misjoinder of any parties, either as plaintiffs 
 or defendants, and the Court may order the names of any 
 defendants to be struck out at any time. (Order 16, rr. 2, 
 3, and Order 13.) 
 
 Q. What is the consequence of the nonjoinder ot 
 persons who should have been joined as plaintiffs ? 
 
 A. The Court, if satisfied that the nonjoinder was 
 through mistake, and that it is necessary to do so, may 
 order any person or persons to be added as plaintiffs on 
 such terms as may seem just, his or their consent being 
 given thereto. (Order 16, rr. 2 and 13).
 
 44 THE student's guide 
 
 Q. What is the consequence of misjoinder of de- 
 fendants ? 
 
 A. Notwithstanding any misjoinder, judgment may be 
 given against such one or more as may be found liable, 
 without any amendment ; and, generally, no action is to 
 be defeated by reason of misjoinder. (Order 16, r. 3.) 
 
 Q. What is the consequence of nonjoinder of de- 
 fendants ? 
 
 A. They may be joined by leave of the Court or a 
 judge; and unless otherwise ordered, the plaintiff is to 
 file an amended copy of and sue out a writ of summons, 
 and serve such defendant therewith ; and any statement 
 of claim which has been delivered is also to be amended 
 and served. (Order 16, rr. 13, 15, and 16.) 
 
 Q. Is it necessary for all the defendants to the action 
 to be interested to the same extent ? 
 
 A. No ; but the Court or a judge may make such order 
 as may appear just, to prevent any defendant being em- 
 barrassed or put to expense when he may have no interest. 
 (Order 16, r. 4.) 
 
 Q. Can a holder of a bill of exchange in an ordinary 
 action join the acceptor and prior indorsers ? 
 
 A. Yes ; a plaintiff may now at his option join in the 
 same action all parties liable on any one contract, including 
 the case asked in the question. (Order 16, r. 5.) 
 
 Q. If a person is doubtful against which of two 
 persons he can sustain a claim, what course can he 
 adopt P 
 
 A. He may join the two in one action to the intent that
 
 TO JUDICATURE ACTS, 1873 AND 1875. 45 
 
 the question as to which is liable and to \yhat extent may 
 be determined. (Order 16, r. G.) 
 
 Q. Are the persons beneficially interested in an 
 estate necessary parties to an action against trustees, 
 executors, or administrators ? 
 
 A. No ; it is suHicient to bring the action against the 
 latter, who shall represent the beneficiaries ; but the Court 
 or a judge may at any time order any of such persons to 
 be made parties. (Order 16, r. 7.) 
 
 Q. How are married women and infants to sue and 
 defend an action P 
 
 A. Exactly as they would formerly have done in Chan- 
 cery, i.e., sue by next friend and defend by guardian ; and 
 the rule also provides that the Court or a judge may give 
 married women leave to sue or defend not only apart from 
 their next friend, but without a next friend, on giving 
 such security (if any) for costs as the Court or a judge 
 may require. (Order 16, r. 8.) 
 
 Q. How are lunatics and persons of unsound mind 
 not so found by inquisition to sue or be sued P 
 
 A. In all cases in which formerly they might have sued 
 or been sued, they may sue by their committee or next 
 friend in the manner formerly practised by the Court 
 of Chancery, and may in like manner defend by their 
 committees or guardians appointed for that purpose. (Or- 
 der 18.) 
 
 Q. What is the course as to suing or defending 
 where there are numerous parties having the same 
 interest ? 
 
 A, One or more of such persons may sue or be sued, or
 
 46 THE student's guide 
 
 be authorized by the Court to defend such action on behalf 
 of the others. (Order 16, r. 9.) 
 
 Q. At what period of an action should an application 
 be made to strike out or substitute a plaintiff or de- 
 fendant P 
 
 A. It may be made at any time before trial by motion or 
 summons, or at the trial in a summary way. (Order 16, r. 14.) 
 
 Q. An action is brought against a defendant who, 
 on the whole amount being recovered from him, will 
 have a claim for contribution against a third person 
 (e.g., in the case of a defendant being one of several 
 sureties). What entirely new provision has been 
 made by the Rules for such a case ? 
 
 A. In any such case the Court or a judge may, on notice 
 being given to any such third person, make such order as 
 may be proper for having such claim determined, notwith- 
 standing that he is not a party to the action. (Order 16, 
 r. 17.) 
 
 Q. State the procedure in such a case as is men- 
 tioned in the last question P 
 
 A. The defendant is within the time for delivering his 
 statement of defence to serve such third person with a 
 notice of his claim, together with a statement of the plain- 
 tiff's claim, or if there is not one, then with a copy of 
 the writ in the action. If the third person desires 
 to dispute all liability, he must enter an appearance in 
 the action within eight days from the service of the 
 notice, or after that time may be allowed to appear by 
 the Court or a judge ; and after appearance the party 
 giving the notice is to apply to the Court or a judge for
 
 TO JUDICATURE ACTS, 1873 AND 1875. 47 
 
 directions as to the mode of determining the question in 
 the action, and leave to such third person to defend may 
 be given on such terms as shall seem just, and generally- 
 all proper directions may be given. 
 
 If the third person, after being so served as above stated, 
 makes default in appearing, he is to be deemed to admit 
 the validity of the judgment whifli may be obtained 
 against the defendant in the action, whether it is obtained 
 by consent or otherwise. (Order 10, rr. lS-21.) 
 
 Q. May a plaintiff unite several causes of action in 
 the same action ? 
 
 A. Yes; the rules provide that he may do so, save in 
 the following cases : 
 
 (1.) (Except by special leave.) An action for re- 
 covery of land cannot be joined with any other 
 cause of action, except in respect of mesne 
 profits or arrears of rent, and damages for breach 
 of any contract under which the same or any 
 part thereof is held. 
 (2.) (Except by like leave). Claims by a trustee in 
 bankruptcy as such, cannot be joined with any 
 other claim by him in any other capacity. 
 But although difTerent causes of action may be so 
 joined, if it appear to the Court or a judge that they 
 cannot be conveniently tried together, separate trials 
 may be ordered ; and any defendant may apply, alleging 
 that such causes cannot be conveniently disposed of to- 
 gether, and the Court or a judge may order any such 
 causes to be excluded. (Order 17, rr. 1-3, 8, and 9.)
 
 48 
 
 THE STUDENTS GUIDE 
 
 Q. In an action by or against husband and wife, 
 may a separate claim against either be joined? 
 
 A. Yes ; subject, of course, to what is stated in the 
 latter part of the last answer. (Order 17, rr. 4 and 7.) 
 
 Q. In an action by or against an executor or admi- 
 nistrator, may a personal claim by or against him be 
 joined? 
 
 A. Only if it arises with reference to the estate in 
 respect of which he sues or is sued as administrator ; but 
 this again is subject as before. (Order 17, rr. 5 and 7;) 
 
 Q. Several plaintiffs have a joint claim against one 
 defendant, and one of them also a separate claim 
 against him. Can these claims be joined in one 
 action ? 
 
 A. Yes, this may be done ; but this again is subject as 
 before. (Order 17, rr. 6 and 7.) 
 
 4. Pleadings. 
 
 Q. What are to be the ordinary pleadings in an 
 action ? 
 
 A. Unless the defendant at the time of appearance states 
 that he does not require it, the plaintiff is to deliver a 
 statement of his complaint and of the relief or remedy 
 he claims within six weeks ; the defendant then within eight 
 days is to deliver a Statement of his Defence, set-off, or 
 counter claim (if any), and the plaintiff, within three 
 weeks is to deliver a Statement of Reply (if any) thereto. 
 (Order 21, r. 1 ; Order 22, r. 1 ; and Order 24, r. 1.)
 
 TO JUDICATURE ACTS, 1873 AND 187'). 
 
 49 
 
 Q. State the chief mles as to all such pleadings 
 generally P 
 
 A. They are to be as brief as the case will admit ; and 
 any costs occasioned by unnecessary })rolixity are to bo 
 borne by the party chargeable therewith ; they are to be 
 divided into paragraphs numbered consecutively, each 
 paragraph as nearly as may be containing a separate alle- 
 gation ; dates, sums, and numbers are to be expressed in 
 figures ; the signature of counsel is not to be necessary ; 
 they are to be printed, unless containing less than three 
 folios (of seventy-two words each), when they may be 
 written or jirinted, or partly one and partly the other; 
 they are to be delivered according to the present practice, 
 and if no appearance has been entered by being filed with 
 the proper officer ; they are to be marked on the face 
 with the date when delivered and the reference to the 
 action, the Division to which and the judge (if any) to 
 whom assigned, the title of the action, the description of 
 the pleading, and the name and place of business of the 
 solicitor and agent (if any), or the name and address of 
 the person delivering the same, if acting in person ; and 
 in a pleading denying any allegation in a previous pleading 
 it must not do so evasively, but answer the point in sub- 
 stance, and generally a fair and substantial answer must 
 be given. (Order 19, rr. 2, 4-7, and 22.) 
 
 Q. What great extension of the principle of set-off 
 by a defendant is allowed by the Rules ? 
 
 A. It is provided that a defendant may set oft; by way 
 
 of counter-claim, any right or claim, though sminding »'«- v^ 
 
 E fV 
 
 V^
 
 50 THE student's GUIDE 
 
 damages, and the Court may pronounce final judgment 
 thereon in the same action ; but the Court or a judge, if of 
 opinion that such counter-chiim cannot be conveniently- 
 disposed of in the pending action, or ought not to be 
 allowed, may refuse permission to the defendant to avail 
 himself thereof. (Order 1 9, r. 3.) 
 
 Q. A plaintiff sues in a representative capacity (as 
 trustee, executor, or the like), which capacity the de- 
 fendant denies. Can he set up such denial at the trial, 
 his statement of defence only denying the debt P 
 
 A. No ; he must deny the matter specifically. (Or- 
 der 19, r. 11.) 
 
 Q. Under a statement of defence of "never in- 
 debted" can the defendant shew at the trial that the 
 debt is barred by the Statute of Limitations 9 
 
 A. No ; it is provided, by analogy to the present Plead- 
 ing Kules at Common Law, each party in the pleading 
 must allege all facts not appearing in previous pleadings 
 that he means to rely on, and must raise all such grounds 
 of defence or reply (as the case may be), wliicli if not so 
 raised would be likely to take the opposite party by sur- 
 prise, or would raise new issues of fact not arising out of 
 the pleadings. (Order 19, r. 18.) 
 
 Q. What do the Rules provide as to pleas in abate- 
 ment and new assignments ? 
 
 A. It abolishes them, and any matter which has for- 
 merly been introduced by new assignment is to be intro- 
 duced by amendment of the statement of claim. (Order 
 19. rr. 13 and 14.)
 
 TO JUDICATURE ACTS, 1873 AND 1875. 51 
 
 Q What is the effect of not specifically denying 
 any allegation of fact appearing in a pleading other 
 than a petition or summons P 
 
 A. The effect is that it is to be taken as admitted, 
 except as against infants, lunatics, or persons of unsound 
 mind not so found by inquisition. (Order 19, r. 17.) 
 
 Q. Would a general statement of defence of " never 
 indebted " by a defendant, be good ? 
 
 A. No. Order 19, r. 20, provides that it shall not be 
 sufficient for a defendant in his defence, or a plaintiff in 
 his reply, to deny generally the claim or counter-claim ; 
 but the party must deal specifically with each allegation 
 of fact of which he does not admit the truth. 
 
 Q. What is to be the effect of a bare denial by a 
 defendant in his pleading of a contract alleged by the 
 plaintiff in his statement of complaint ? 
 
 A. It is to be construed only as a denial of the making 
 of the contract in ftict, and not of its legality or sufficiency 
 in law, whether with reference to the Statute of Frauds or 
 otherwise. (Order 19, r. 23.) 
 
 Q. What is to be the effect of joinder of issue in an 
 action ? 
 
 A. It is to operate as a denial of every material allega- 
 tion of fact in the pleading on which issue is joined 
 (except any facts which the party may be willing to admit). 
 (Order 19, r. 21.) 
 
 Q. If some document is depended on by the plaintiff 
 or defendant should it be set out verbatim P 
 
 A. It is provided that it shall be sullieient to set it out 
 
 E 2
 
 52 THE student's guide 
 
 as briefly as possible, unless the precise words are material. 
 (Order 19, r. 24.) 
 
 Q. State a few of the provisions of the Rules hav- 
 ing for their object the shortening and simplifying of 
 the pleadings. 
 
 A. Amongst the chief may be noticed the following: — 
 (1.) That where in any pleading it is necessary to 
 allege malice, it is to be sufficient to simply 
 allege it as a fact without setting out the cir- 
 cumstances from which it is inferred. (Order 
 19, r. 25.) 
 (2.) When it is material to allege notice, it shall be 
 sufficient generally to simply allege it as a fact. 
 (Order 19, r. 26.) 
 (3.) When any contract is to be implied from a series 
 of conversations or letters, it is to be enough to 
 allege such contract as a fact, and refer to such 
 conversations or letters, without setting them 
 out in detail. (Order 19, r. 27.) 
 (4.) No person need state in his pleading a fact pre- 
 sumed by the law in his favour, unless the same 
 has first been specifically denied (thus, where the 
 plaintiff is suing on a bill of exchange, the con- 
 sideration for it). (Order 19, r. 28.) 
 Q. Can a defendant plead or a plaintiff reply any 
 matter which has arisen since action brought ? 
 
 A. Yes, this may be done ; but if it arises after state- 
 ment of defence has been delivered or after the expiration 
 of the time for delivering the statement of defence or the
 
 TO JUDICATURE ACTS, 1873 AND 1875. 53 
 
 reply, it can only be done within eight days after such 
 matter has arisen and by leave of the Conrt or a jndge ; and 
 where any defence has- arisen since the action the plaintifT 
 may confess it and sign judgment for his costs up to the 
 time of pleading it, unless the Court or a judge otherwise 
 order (Order 20.) This is similar to tho present plea of 
 puis darrein continuance. 
 
 Q. Within what time is the plaintiff to deliver his 
 statement of claim ? 
 
 A. Within six weeks after appearance. It can only be 
 delivered after this time by leave of the Court or a judge. 
 (Order 21, r. 1.) 
 
 Q. What is the consequence of the plaintiff not 
 deliveiing it within the above time ? 
 
 A. If the defendant has not stated (as he may do) that 
 he does not require it, he may at the expiration of such 
 time apply to dismiss the action for want of prosecution. 
 (Order 29, r. 1.) 
 
 Q. Is a statement of claim necessaiy when the writ 
 has been specially indorsed ? 
 
 A. Yes, unless the defendant has dispensed with it ; but 
 unless otherwise ordered, a notice to the effect that the 
 claim is that which appears by indorsement upon the writ 
 is to be sufficient. (Order 21, r. 4.) 
 
 Q. Within what time is the defendant to deliver his 
 statement of defence ? 
 
 A. ^Yithiu eight days from delivery of the statement of 
 claim ; if the defendant has waived the delivery of a state- 
 ment of claim, then he must deliver the defence within
 
 54 THE student's guide 
 
 eight days from his appearance ; if the writ having been 
 specially indorsed, the defendant has had to get an order 
 for leave to defend, and the order does not specify any 
 time, he must appear within eight days after the order. 
 (Order 22, rr. 1—3.) 
 
 Q. Wliat is the consequence of the defendant not 
 delivering his statement of defence within the time 
 limited P 
 
 A. (1.) If the action is for a fixed liquidated sum the 
 plaintiff may at the expiration of the time sign final judg- 
 ment, and if there are several defendants and only one 
 makes default, the judgment may be signed and execution 
 issued against him and the action proceeded with against 
 the others. (Order 29, rr. 2, 3.) 
 
 (2.) If the action is for damages or detention of goods, 
 interlocutory judgment may be signed and a writ of 
 inquiry issued, and if there are several defendants and 
 only one makes default, interlocutory judgment may be 
 signed as to that one and the action proceeded with against 
 the others, no separate writ of inquiry being issued, but 
 the damages as to all being assessed at the trial. (Order 
 29, rr. 4, 5.) 
 
 (3.) If the action is partly for a fixed liquidated sum 
 and partly for damages or detention of goods, then as to 
 each part the plaintiff will proceed as above stated. 
 (Order 29, r. 6.) 
 
 (4.) In other cases the plaintiff may set down the 
 action on motion for judgment, and if there are several 
 defendants, and only one makes default, the plaintiff may
 
 TO JUDICATURE ACTS, 1873 AND 1875, 55 
 
 either set down the action at once against him, or wait 
 till it is entered for trial or set down on motion for judg- 
 ment against the other defendants. (Order 29, rr. 10 and 
 11.) 
 
 Q. If the defence in an action raises questions be- 
 tween plaintiff and defendant and third persons not 
 parties, how can such questions be determined P 
 
 ,4. The defendant is to set forth in his defence the 
 names of all such persons, and they are to be summoned 
 to appear by being served with a copy of such defence, and 
 the action proceeds generally as though they had been 
 made parties. (Order 22.) 
 
 Q. Wliat is the consequence if such third persons 
 having appeared make default in pleading P 
 
 A. The opposite party may apply to the Court or a 
 judge for such judgment (if any) as upon the pleadings he 
 may appear entitled to. (Order 29, r. 13.) 
 
 Q. Is the plaintiff in an action at liberty at any 
 time to discontinue it P 
 
 A. He may give a notice of discontinuance before the 
 defendant has delivered his statement of defence, or after, 
 before taking any proceeding other than a mere interlo- 
 cutory application. Beyond this he cannot discontinue or 
 withdraw the record without leave of the Court or a 
 judge. (Order 23.) 
 
 Q. Within what time is a plaintiff to deliver his 
 reply (if any) P 
 
 A. Within three weeks after the defence or last of the 
 defences shall have been delivered. (Ord(.r24, r. 1.)
 
 56 THE student's guide 
 
 Q. Are there to be any pleadings subsequent to 
 reply P 
 
 A. Not without leave of the Court or a judge, except 
 joinder of issue ; the time for delivering any subsequent 
 pleading that may be allowed is four days from the pre- 
 vious pleading. (Order 24, rr. 2 and 3.) 
 
 Q. When are the pleadings to be closed ? 
 
 A. When either party joins issue without adding any 
 further or other pleading thereto. (Order 25.) 
 
 Q. If it appears to a judge that the pleadings are 
 ambiguous, and do not clearly define the issues of fact 
 in dispute, what course can he direct to be taken ? 
 
 A. He may direct the parties to prepare issues, to be 
 settled by him if they differ. (Order 26.) 
 
 Q. "What general provisions do the Rules contain 
 as to amendment of pleadings P 
 
 A. They give generally very full powers to the Court 
 or a judge to allow of amendments, even at the trial ; and 
 in particular the plaintiff before the expiration of his time 
 to reply, or where no defence delivered within four weeks 
 from the appearance of the defendant who last appeared, and 
 the defendant before the expiration of his time for plead- 
 ing to the reply, or if no reply within twenty-eight days 
 from filing his defence, may amend his statement of claim 
 or defence as the case may be, ivithout any leave. (Order 
 27.) 
 
 Q. Within what time after obtaining an order for 
 that purpose must a party amend his pleading P 
 
 A. Within fourteen days; otherwise the order is to
 
 TO JUDICATURE ACTS, 1873 AND 1875. 57 
 
 bocome ipso facto void unless the time is extended. (Order 
 27, r. 7.) 
 
 Q. How are amendments to be made ? 
 
 A. If they do not exceed two ordinary folios {i.e. seventy- 
 two words each folio) iu any one place, the amendments 
 may be made in writing, unless it would render the plead- 
 ing difficult or inconvenient to read, in which case, or if 
 they exceed the before-mentioned length, the pleading 
 must be reprinted. The pleading is to be marked 
 " amended," and to be delivered to the oj^posite party 
 within the time allowed for amending. (Order 27, rr. 8, 
 9, and 10.) 
 
 Q. Wliat are the chief provisions of the Rules as to 
 demurrers ? 
 
 A. The Piules provide that any party may demur, and 
 the demurrer is to state specifically whether it is to the 
 whole or to a part, and shall state some ground in Law 
 for the demurrer ; but on argument, the party may go 
 beyond such ground ; a defendant desiring to demur as to 
 part and put in a defence as to the rest, is to combine 
 the two in one pleading; and while a demurrer is pend- 
 ing no amendment of a pleading can be made without 
 order, which order must be on payment of the costs of the 
 demurrer. (Order 28.) 
 
 Q. In what action is the defendant to be at liberty 
 to pay money into Court? 
 
 A. In any action to recover a debt or damages (for- 
 merly as a rule money could not be paid into Court in an 
 action fur unliquidated damages). Xhe payment into
 
 58 THE student's guide 
 
 Court must be before delivery of defence, unless by special 
 leave at a later time. The plaintiff may accept sucli pay- 
 ment in Court in full satisfaction, and at once tax his costs 
 and sign judgment for them. (Order 30, rr. 1 and 4.) 
 
 Q. If the plaintiflF does not accept a payment into 
 Court in full satisfaction, can he yet obtain the money 
 which has been paid into Court at once P 
 
 A. Yes ; unless otherwise ordered it may be paid out to 
 the plaintiff or his solicitor on the written authority of 
 the plaintiff. (Order 30, r. 3.) 
 
 5. Discovery, Inspection, &c. (a). 
 
 Q. At what period in an action can plaintiff or 
 defendant administer interrogatories to his opponent ? 
 
 A. The plaintiff may do so with his statement of claim, 
 and the defendant with his statement of defence, or either 
 of them at any subsequent period before the close of the 
 pleadings, without any order for that purpose ; and they 
 may also be administered at any time by leave of the 
 Court or a judge. (Order 31, r. 1.) 
 
 Q. Where the defendant to an action is a body cor- 
 porate or joint stock company, to whom would the 
 plaintiff administer interrogatories ? 
 
 A. He should apply in chambers for leave to admi- 
 nister interrogatories to any member or officer. (Order 
 
 31, r. 4.) 
 
 (a) For a very full and valuable statement of and dissertation 
 on tlie law as to discovery and inspection generally, the student 
 is referred to tte before quoted work on tlie Judicature Acts by 
 Mr. Downes Griffith, pp. 229-270.
 
 TO JUDICATURE ACTS, 1873 AND 1875. 59 
 
 Q. What is the remedy if parts of interrogatories 
 are scandalous or irrelevant ? 
 
 A. They may be ordered to be struck out. (Order 31, 
 r. 5.) 
 
 Q- How and within what time are interrogatories 
 to be answered P 
 
 A. By affidavit, to be filed within ten days, and if 
 exceeding three folios such affidavit must be printed. 
 (Order 31, rr. G and 7.) 
 
 Q. Wliat is the mode of objecting to the sufficiency 
 of an affidavit in answer ? 
 
 A. No exceptions are to be filed as formerly to an 
 answer in Chancery, but the sufficiency or insufficiency 
 is to be determined by the Court or a judge on motion or 
 summons. An application may also be made to the 
 Court or a judge for a further answer. (Order 31, 
 rr. 9 and 10.) 
 
 Q. If a plaintiff or defendant has put in several 
 answers to interrogatories, is the opponent at liberty 
 to use one of the answers as evidence at the trial 
 without the other ? 
 
 A. Yes, he may do so ; but the judge may look at the 
 whole of the answers, and if he considers them so con- 
 nected that the one ought not to be used without the other, 
 he may direct them all to be put in. (Order 31, r. 23.) 
 
 Q. How may a party to an action obtain a discoveiy 
 of documents from his opponent ? 
 
 A. By applying to a judge without filing any affidavit 
 in support of his application. (Order 31, r. 12.)
 
 60 THE student's GUIDE 
 
 Q. In what different ways can a party to an action 
 obtain an inspection of documents in his opponent's 
 possession ? 
 
 A. (1.) He can apply for an order to inspect. (Order 
 31, r. 11.) 
 
 (2.) He may give notice to produce any document 
 mentioned in his opponent's pleadings or affidavit of 
 documents, and if this notice is not complied with the 
 opponent will be prevented from giving such document in 
 evidence unless he shews the Court that he had sufficient 
 cause for not complying with such notice. (Order 31, r. 14.) 
 
 Q. What is the proper course to be taken by a 
 party on whom such notice to produce as is last 
 mentioned is served? 
 
 A. Unless he objects on good grounds to produce the 
 document he should within two days from the receipt of 
 such notice if the documents are all specified in his affi- 
 davit of documents, or within four days if not so specified 
 by affidavit, deliver a notice stating a time within three 
 days at which the document may be inspected at his 
 solicitor's office. If he omits to do this, the party de- 
 siring the inspection may apply to a judge for an order 
 for inspection. (Order 31, rr. 16 and 17.) 
 
 Q. Is any affidavit necessary in support of an ap- 
 plication for inspection 9 
 
 A. Yes, except in the case of documents referred to in 
 the pleadings or affidavit of the party against whom the 
 application is made there must be an affidavit shewing 
 {a) of what documents inspection is sought ; (5) that the
 
 TO JUDICATURE ACTS, 1873 AND 1875. CI 
 
 party applying is entitled to inspect ; and (c) that they 
 are in the possession or power of the other party. (Order 
 31, r. 18.) This rule does not say that the allidavit is to 
 be made by the party or his attorney. 
 
 Q. Wliat is the remedy against a party failing to 
 obey an order for discovery or inspection P 
 
 A, He is to be liable to attachment, and also, if a 
 plaintiff, to have his action dismissed for want of pro- 
 secution. And if a defendant to have his defence struck 
 out, and to be placed in the same position as if he had 
 not defended. (Order 31, r. 20.) 
 
 Q. Is service of an order for discovery or inspec- 
 tion on the solicitor of the party sufficient sei'vice to 
 found an application for an attachment for disobe- 
 dience to it? 
 
 A. Order 31. r. 21, provides that it shall be, but the 
 party against whom the application to attach is made 
 may shew in answer to the application that he has had 
 no notice or knowledge of the order ; and in this case, 
 by Kule 22 of the same Order, the solicitor is himself 
 to be liable to attachment unless he has reasonable 
 excuse, 
 
 Q. What provision do the Rules make as to ad- 
 mitting documents ? 
 
 A. They make one similar to the present at Common 
 Law, i.e., a notice to inspect and admit may be given, 
 and if not admitted, whatever the result of the action, 
 the party refusing to admit must bear the costs of proving 
 the documents unless the Court certil'v that the refusal
 
 62 THE student's guide 
 
 to admit was reasonable ; and no costs of proving docu- 
 ments are to be allowed unless this notice is given, except 
 where the omission to give the notice is in the opinion of 
 the taxing ofiScer a saving of expense. (Order 32, r. 2.) 
 
 Q. At what stage of a suit may the Court direct 
 inquiries or accounts to be made or taken P 
 
 A. It is in the discretion of the Court to do so at any 
 stage notwithstanding that there is some special or further 
 relief sought for, or some special issue to be tried. (Order 
 33.) 
 
 6. Sj)ecial Case. 
 
 Q. Can a special case be still stated P 
 
 A. Yes ; directly after the writ of summons is issued 
 the parties may concur in stating questions of law arising 
 in the action for the opinion of the Court. Such special 
 ease is to be divided into paragraphs, numbered con- 
 secutively. (Order 34, r. 1.) 
 
 In addition to the special case by consent, if it appears 
 to the Court or a judge that there is in any action a 
 question of law which it would be convenient to have 
 decided before any evidence is given on an issue of fact, 
 an order may be made for such point of law to be raised 
 for the opinion of the Court either by consent or other- 
 wise. (Order 34, r. 2.) 
 
 Q. Is a special case to be printed or written P 
 
 A. It is to be printed and signed by the respective par- 
 ties or their solicitors. (Order 34, r. 3.)
 
 TO JUDICATURE ACTS, 1873 AND 1875. 03 
 
 Q. Can a person under disability be a party to a 
 special case ? 
 
 A. Yes ; but it cannot be set down for argument without 
 leave of the Court or a judge, which w ill only be granted 
 on shewing that the statements in such special case which 
 affect such person under disability are true. (Order 34, 
 r. 4.) 
 
 7. Trial — Evidence. 
 
 Q. What is to be the rule as to where an action is 
 to be tried ? 
 
 A. There is to be no local venue ; the plaintiff can state 
 any place in his statement of claim for the action to be 
 tried at, and if he does not state any place the place of 
 trial shall be Middlesex. A judge may make an order 
 changing the place of trial ; and his order is subject to be 
 discharged or varied by a Divisional Court. (Order 36, 
 r. 1.) 
 
 Q. State shortly the main provisions as to referees 
 and assessors ? 
 
 A. The Judicature Act, 1873, sect. 56, provides that, 
 subject to such right as now exists to have particular cases 
 submitted to a jury, any question in a cause (other than a 
 criminal proceeding by the Crown) may be referred by 
 the High Court, or Court of Appeal, or judge before w horn 
 it is pending, for inquiry and report, to any official or 
 special referee, whose report may afterwards be adopted 
 wholly or partially by the Court, and cnlurced as a judg-
 
 64 THE STUDENTS GUIDE 
 
 ment by the Court. The said Courts may also, in any 
 such cause as aforesaid, call in the aid of one or more 
 assessors specially qualified and hear the same with their 
 assistance. 
 
 Sect. 57 of the same Act provides that in a cause (other 
 than a criminal prosecution by the Crown), involving a 
 prolonged examination of documents or accounts, or a 
 scientific investigation, which cannot conveniently be tried 
 before the Court or a jury, the Court or a judge may order 
 the trial to be before an official referee or a special referee 
 to be agreed on. 
 
 Sect. 57 also provides that in any cause (other than a 
 criminal prosecution by the Crown), all the parties who 
 are under no disability may consent to the trial being 
 before an official or a special referee to be agreed on. 
 
 Sect. 83 of the same Act provides for the appointment 
 of official referees, to be permanent officers attached to 
 the Supreme Court. Of course a special referee may be 
 auy one the parties choose to agree on, but when acting 
 they will also be deemed officers of the Court (Jud. Act, 
 1873, sect. 58). With regard also to referees and their 
 reports the Court or judge has, in addition to other powers, 
 the same or like powers as are given wdth respect to 
 references to arbitration by the Common Law Procedure 
 Act, 1854. (Jud. Act, 1873, sect. 59.) 
 
 Q. In what different ways may actions be tried 
 and heard ? 
 
 A. Before either : — 
 (1) A judge or judges ;
 
 TO JUDICATURE ACTS, 1873 AND 1875. 65 
 
 (2.) A judge sitting with assessors ; 
 (3.) A judge and jury ; or, 
 
 (4.) Au official or special referee sitting with or with- 
 out assessors. (Order 3G, r. 2.) 
 
 Q. At what period of the action should the plaintiff 
 give notice of trial ? 
 
 A. With his reply, or at any time after the close of the 
 pleadings and before entering the cause for trial. If he 
 does not give notice of trial within six weeks after the 
 close of the pleadings, the defendant may then give notice 
 of trial. (Order 36, rr. 3, 10.) 
 
 Q. How is the mode of trial to be determined ? 
 
 A. The party giving the notice of trial specifies in which 
 mode, but the other party may, within four days, give 
 notice to the effect that he desires to have the issues of 
 fact tried before a judge and jury, and is entitled to have 
 the same so tried. (Order 36, rr. 3 and 4.) 
 
 The Court or a judge also has power to order some 
 questions of fact in an action to be tried in one way and 
 some in another. (Order 36, r. 6.) 
 
 Q. What notice of trial is to be given ? 
 
 A. Ten days, unless the defendant is under consent 
 to take short notice, which is to be four days. (Order 36, 
 r. 9.) 
 
 Q. Is notice of trial to operate for any particular 
 sittings or assizes ? 
 
 A. Not in London or ]\Iiddlesex, where it is to be 
 deemed to be the first day at which it can be reached 
 after the expiration of the notice; elsewhere than in 
 
 F
 
 66 THE student's guide 
 
 London or Middlesex it is to be deemed to be for the then 
 next assizes at the place for which notice of trial is given. 
 (Order 36, rr. 11 and 12.)' 
 
 Q. Can a notice of trial be countennanded ? 
 
 A. Only by leave of the Court or a judge, which may 
 be given on terms as to costs or otherwise. (Order 36, 
 r. 13.) 
 
 Q. By which party is the cause to be entered for 
 trial P 
 
 A. In London or Middlesex the party giving the notice 
 should do so on the day after giving notice of trial, and if 
 he does not, his opponent may within four days. Else- 
 where than in London or Middlesex either party may 
 enter the action ; and if both enter it, it is to be tried 
 in the order of the plaintiff's entry. (Order 36, rr. 
 14 and 15.) 
 
 Q. What is the result of the 'defendant not appear- 
 ing at the trial P 
 
 A. The plaintiff may prove his case so far as the burden 
 of proof lies on him. (Order 36, r. 18.) 
 
 Q. The like question as to the plaintiff not ap- 
 pearing P 
 
 A. The defendant will be entitled to judgment dis- 
 missing the action ; and if he has any counter-claim may 
 prove such claim so far as the burden of proof lies on 
 him. (Order 36, r. 19.) 
 
 Li either this case or the case ia the previous question 
 the verdict or judgment so obtained may be set aside on 
 such terms as the Court or judge may think fit, on appli-
 
 TO jddicAlTitre acts, 1873 and 1875. . 67 
 
 cation made by the other party within six clays after the 
 trial. (Order 36, r. 20.) 
 
 Q. Can a trial be postponed or adjourned ? 
 
 A. Yes; the judge has full power to do this. (Order 36, 
 r. 21.) 
 
 Q. Is there any rule as to the mode of proceeding at 
 a trial before a referee ? 
 
 A. lie may hold the trial at, or adjourn it to any place 
 he may deem most convenient, have any inspection or 
 view, and shall, unless otherwise directed by the Court or 
 a judge, proceed with the trial de die in diem, in a similar 
 manner as in action tried by a jury. Subject to any order, 
 evidence is to be taken before him, and the attendance of 
 witnesses enforced by subpoena, and the trial is to be gene- 
 rally conducted, as nearly as circumstances will admit, as 
 trials before a judge of the High Court, hut not so as to 
 make the tribunal of the referee a imhlic Court of Justice. 
 (Order 36, rr. 30-32.) 
 
 Q. Has the referee the power of committing to 
 prison, or enforcing any order by attachment or other- 
 wise? 
 
 A. No. Order 36, r. 33, specially provides that nothing 
 in the rules shall authorize him to do this. 
 
 Q. Is the evidence in a cause to be viva voce or by 
 affidavit ? 
 
 A. In the absence of agreement between the parties, 
 the evidence at the trial is to be viva voce and in open 
 Court, unless the Court orders any particular fact to be 
 proved by aflidavit, or that any affidavit which has been 
 
 F 2
 
 68 THE student's guide 
 
 made may be read ; provided that if it appears to the Court 
 that the opponent bond fide desires to cross-examine a 
 witness, an order is not to be made authorizing the evidence 
 of such witness to be by affidavit. 
 
 Upon any motion, petition, or summons, evidence may 
 be given by affidavit, on which the deponent may, by order 
 of the Court or a judge, be cross-examined. (Order 37, 
 rr. 1 and 2.) 
 
 Q. Wliat rules are to be observed in framing affi- 
 davits ? 
 
 A. They are to be confined to such facts as the witness 
 is able of his own knowledge to prove, except on interlo- 
 cutory motions, when statements as to his belief, with the 
 grounds thereof, may be admitted. (Order 37, r. 3.) 
 
 Q. State shortly the procedure when the parties 
 have agreed to the evidence at the trial being by 
 affidavit ? 
 
 A. Within fourteen days after the consent the plaintiff 
 is to file his affidavits and give notice thereof ; the defen- 
 dant has then fourteen days within which to file affidavits 
 in answer, and the plaintiff subsequently has seven days 
 within which to file affidavits in reply. The above times 
 may be varied by agreement between the parties. The 
 affidavits have to be printed. (Order 38, rr. 1-3.) 
 
 Q. When the evidence is by affidavit are the depo- 
 nents liable to cross-examination .p and state the 
 procedure. 
 
 A. Yes ; within fourteen days after the expiration of the 
 time limited for filing affidavits in reply. Notice may be
 
 TO JUDICATURE ACTS, 1873 AND 1875. 69 
 
 given to the party filing any affidavit to produce the 
 deponent at the trial for cross-examination, and if not 
 produced his affidavit cannot be used as evidence without 
 special leave. The party to whova. the notice to produce 
 any witness is given is to bo entitled to compel the 
 attendance of the deponent for cross-examination in the 
 same way as he might compel the attendance of a witness 
 to be examined. (Order 38, rr. 4 and 5.) 
 
 Q. What important provision is made by the Rules 
 as to the grounds for a new trial P 
 
 A. It is provided that a new trial shall not be granted 
 on the ground of misdirection or the improper admission 
 or rejection of evidence, unless in the opinion of the 
 Court to which the application is made some substantial 
 wrong or miscarriage has been thereby occasioned to the 
 trial of the action ; a new trial may be granted as to part 
 of an action without interfering with the finding or deci- 
 sion upon any other question. (Order 39, rr. 3 and 4.) 
 
 Q. What is the procedure to obtain a new trial ? 
 
 A. Within four days after the trial, or if the Court is 
 not then sitting, within four days after it commences 
 sitting, a motion for a new trial must be made. The order 
 if granted \\ ill only be at first to shew cause why a new 
 trial should not be granted, and a copy must be served on 
 the opposite party within four days of it being granted, 
 and cause shewn at the expiration of eight days from the 
 date of the order or so soon after as the case can be heard. 
 (Order 39, rr. 1 and 2.)
 
 70 THE student's GUIDE 
 
 8. Judgment and Execution. 
 
 Q. How is judgment to be obtained after trial ? 
 
 A. Except where otherwise provided by the Acts or 
 Kules the judgment is to be obtained by motion for 
 judgment. (Order 40, r. 1.) 
 
 Q. When the judge or referee before whom an action 
 has been tried directs judgment to be entered subject 
 to leave to move, how is the action to be proceeded 
 with P 
 
 A. The party to whom leave is given is to set the 
 action down on motion for judgment, and give notice 
 thereof within ten days after the trial, or such time as the 
 judge reserves. (Order 40, r. 2.) 
 
 Q. If the judge or referee, as the case may be, at 
 the trial abstains from directing any judgment to be 
 entered what is to be done ? 
 
 A. The plaintiff should set the action down on motion 
 for judgment within ten days after trial, otherwise the 
 defendant may set it down in a like manner. (Order 40, 
 r.3.) 
 
 Q. Where no leave has been reserved, but the party 
 considers the judgment wrong on some point of law 
 or otherwise, what course can he take P 
 
 A. He may within four days after the trial move for an 
 order to shew cause why the judgment should not be set 
 aside and some other judgment entered, and such order is 
 to be returnable in eight days (Order 40, rr. 4-6). He 
 might also of course apply for a new trial.
 
 TO JUDICATURE ACTS, 1873 AND 1875. 71 
 
 Q. Where certain issues have been directed to be 
 tried in an action, how should the plaintiff proceed 
 after their trial P 
 
 A. He should within ten days set down the action on 
 motion for judgment, and if he fails to do so the defendant 
 may. (Order 40, r. 7.) 
 
 Q. When a person is entitled to set down an action 
 on motion for judgment, is there any limit within 
 which he may do so ? 
 
 A. Except by the leave of the Court or a judge he 
 cannot do so after the expiration of one year from the 
 time when he first became entitled to set it down. 
 (Order 4, r. 9.) 
 
 Q. On a motion for judgment is the Court bound to 
 then give judgment ? 
 
 A. No ; if the Court considers that it has not suflScient 
 materials before it, it may direct the motion to stand over 
 for further consideration, and direct any issues to be tried 
 or accounts and inquiries to be taken and made. (Order 
 40, r. 10.) 
 
 Q. How may a judgment by default be set aside ? 
 
 A. It may be set aside by application to the Court or a 
 judge on such terms as to costs or otherwise as the Court 
 or judge may think fit. (Order 29, r. 14.) 
 
 Q. What important provisions do the Rules contain 
 as to nonsuits in an action ? 
 
 A. That any judgment of nonsuit unless otherwise 
 ordered shall have the same effect as a judgment upon 
 the merits for the defendant, except that it may be set
 
 72 THE student's guide 
 
 aside in cases of mistake, surprise, or accident, on such 
 terms as to tlie Court or a judge shall seem just. (Order 
 41, r. 6.) 
 
 Q. What date is a judgment to bear P 
 
 A. The date of the day when pronounced, and in cases 
 of judgment by default the date of the day when the 
 documents were left with the proper officer for the 
 purpose of entering judgment. (Order 41, rr. 2 and 3.) 
 
 Q. How is a judgment for recovery of money to be 
 enforced P 
 
 A. As it might have been formerly (Order 42, r. 1). 
 And if it is a judgment for payment of money into Court, 
 by sequestration, or where attachment is authorized by 
 law, by attachment. (Order 42, r. 2.) 
 
 Q. How is a judgment for recovery of property 
 other than land or money to be enforced P 
 
 A. (1.) By writ for delivery of the property ; 
 (2.) By writ of attachment ; 
 (3.) By writ of sequestration. (Order 42, r. 4.) 
 
 And Order 42, r. 5, provides that a judgment requiring 
 any act to be done other than payment of money, may be 
 enforced by writ of attachment or by committal. 
 
 Q. If an action having been brought against a firm 
 in their partnership name, judgment is obtained 
 against them in that name, how can it be enforced P 
 
 A. Execution may issue against either : 
 (1.) Any of the partnership property ; 
 (2 ) Any person who has admitted on the pleadings 
 that he is, or has been, adjudged a partner ;
 
 TO JUDICATUKE ACTS, 1873 AND 1875. 73 
 
 (3.) Any person who having been served as a partner 
 
 with the writ has failed to appear ; and, 
 (4.) If the party having judgment chiiins against 
 any other person as being a member of the 
 firm, he may apply to the Court or a judge for 
 leave to issue execution against him, which 
 leave may be given if not (h'sputed, or if dis- 
 puted, an order may be made for the liability 
 of such person to be tried. (Order 42, r. 8.) 
 Q. How is execution to be issued 9 
 A. By producing to the proper officer the judgment 
 and a prajcipe containing the title of the action, &e., and 
 a form of writ of execution, which must be indorsed with 
 the solicitor's name issuing it, and if he is agent then with 
 the two names, and also w ith a direction to the sheriff or 
 other oflScer or person to whom the writ is directed to 
 levy the amount actually due. (Order 42, rr. 9-14.) 
 
 Q. Wlien may a writ of execution be issued on a 
 judgment ? 
 
 A. Directly the judgment is duly entered ; unless it 
 names a period, and then not till after such period ; but 
 the Court may order execution to issue at a sooner or 
 later period. The execution must be issued within six 
 years of the judgment, and before any change in the 
 parties has occurred by death or otherwise, unless leave is 
 obtained from the Court or a judge to issue execution 
 afterwards. (Order 42, rr. 15, 18 and 19.) 
 
 Q. How long does a writ of execution remain in 
 force, and how may it be renewed ? 
 
 A. For one year ; it may be renewed by the writ itself,
 
 ^ 
 
 74 THE student's guide 
 
 or a notice of renewal to the sheriff, being marked with a 
 seal of the Court bearing the date of such renewal, which 
 shall be sufficient evidence of the renewal. (Order 42, 
 rr. 16 and 17.) 
 
 Q. How is an order made in the course of an action 
 to be enforced ? 
 
 A. In the same manner as a judgment to the same 
 effect. (Order 42, r. 20.) 
 
 Q. Do the Rules contain any provision as to gar- 
 nishee orders ? 
 
 A. Yes; generally, by Order 45, a like practice is 
 provided as heretofore in the Courts of Law. 
 
 Q. Can a charging order or a writ of distringas be 
 issued by the Court ? 
 
 A. Yes ; a charging order can be issued by any divisional 
 Court or judge, and a writ of distringas can be issued out 
 of any office of the High Court in London where writs of 
 summons are issued, as heretofore. (Order 46.) 
 
 Q. Can a writ of attachment or sequestration be 
 issued as of course P 
 
 A. A writ of attachment cannot be issued without leave 
 to be obtained on notice to the party sought to be 
 attached (Order 44, r. 2) ; but a writ of sequestration can 
 be issued as of course after service of any judgment or 
 order, and the expiration of the time thereby limited. 
 (Order 47.)
 
 TO JUDICATURE ACTS, 1873 AND 1875. 75 
 
 9. Abatement. 
 
 Q. What is to be the effect of the marriage, death, 
 bankruptcy, or devolution of estate by operation of 
 law, of any party to an action ? 
 
 A. The ai'tion is not to abate, but an order may be 
 made for the husband, personal representative, trustee, or 
 other successor in interest (if any) to be made a party to 
 tlie action, or served with notice thereof, and such order 
 as may be just may be made for the disposal of the action. 
 (Order 50, rr. 1 and 2.) 
 
 Q. If after the commencement of an action any 
 person interested in it comes into existence, what 
 course is to be taken P 
 
 A. If necessary or advisable an order may be obtained 
 ex 2^CLrte that the action shall be carried on between the 
 continuing party and such new party. Such order is to 
 be served on the new party, who may apply to the Court 
 or a judge to discharge or vary it within twelve days from 
 service. (Order 50, rr. 4-6.) 
 
 10. Incidental Procedure, Time, &c. 
 
 Q. What course can the Court or a judge adopt in 
 respect of property the subject of a pending action, 
 beyond appointing a receiver ? 
 
 A. An order may be made for its preservation or interim 
 custody, or for it to be brought into Court, or otherwise 
 secured ; and if any property is of a perishable nature, or 
 for other reasons it appear desirable, an order may be 
 made for its sale. (Order 52, rr. 1 and 2.)
 
 76 THE student's guide 
 
 Q. An action is brought to recover certain property, 
 and the defendant sets up a lien thereon for £1000, 
 what course can the plaintiff at once take P 
 
 A. He may apply to the Court, or a judge, to be at 
 liberty to pay into Court, to abide the result of the action, 
 the amount of such lien, and any further sum that may 
 be directed for interest or costs, and that upon such pay- 
 ment the property be given up to him. (Order 52, r. 6.) 
 
 Q. As a general rule how are applications to the 
 Court or a judge in Court to be made P 
 
 A. By motion, notice of which must be served two clear 
 days before, but it may be made ex parte when the delay 
 would entail irreparable or serious injury. (Order 53, 
 rr. 1-4.) 
 
 Q. Where any defendant having been duly served 
 has failed to appear to the action, can he be served 
 with any notice of motion or other notice P 
 
 A. Yes ; and this without any special leave. (Order 53, 
 r. 7.) ; but if his time for appearance has not expired, 
 special leave to make such service must be obtained. 
 (Order 53, r. 8.) 
 
 Q. As a general rule how are applications to be 
 made in Chambers P 
 
 A. By summons. (Order 54, r. 1.) 
 
 Q. What is to be the extent of the jurisdiction of 
 the Masters of the Queen's Bench, Common Pleas, 
 and Exchequer Divisions P 
 
 A. They may transact all such business, and exercise 
 all such authority and jurisdiction as under the Acts 
 or Rules may be transacted by a judge at Chambers,
 
 TO JUDICATURE ACTS, 1873 AND 1875. 77 
 
 except in respect of the fullowing proceedings and 
 matters, i.e., 
 
 All matters relating to criminal proceedings or to 
 
 the liberty of the subject ; 
 The remoTal of actions from one Division or judge to 
 
 another Division or judge ; 
 The settlement of issues, except by consent ; ' " 
 
 Discovery, whether of documents or otherwise, and 
 , . inspection, except by consent ; 
 Appeals from district registrars ; 
 Interpleader, other than such matters arising in 
 interpleader as relate to practice only, except by 
 consent ; 
 Prohibitions ; 
 
 Injunctions, and other orders under sub-sect. 8 of 
 sect. 25 of the Act, or under Order 52, rules 1, 2, 
 and 3 respectively ; 
 Awarding of costs, other than the costs of any pro- 
 ceeding before such Master ; 
 Keviewing taxation of costs ; 
 Charging orders on stocks, funds, &c., or annual 
 
 produce thereof; 
 Acknowledgments of married women. (Order 54, 
 r. 2.) 
 Q. Where any act is ordered to be done within a 
 certain number of months, what is meant ? 
 
 A. Calendar months, unless otherwise expressed. (Order 
 57, r. 1.)
 
 \ 
 
 78 THE student's guide 
 
 Q. state what days are not to be included in the 
 computation of time ? 
 
 A, (1.) Where the time Hmited for doing any act is 
 less than six days, Sunday, Christmas Day, and Good 
 Friday, shall not be counted. (Order 57, r. 2.) 
 
 (2.) Where the last day for doing any act, which cannot 
 be done when the ofSces are closed, expires on a Sunday 
 or other day when they are closed, it shall be held to be 
 duly done if done on the first day on which the offices 
 open. (Order 57, r. 8.) 
 
 (3.) No pleading shall be delivered or amended during 
 the long vacation, nor shall the time of the long vacation 
 be reckoned in the time allowed upon filing, amending, or . 
 delivering any pleading, unless otherwise directed hy the 
 Court or a judge. (Order 57, rr. 4 and 5.) 
 
 Q. If in any proceeding in an action the Rules are 
 not observed does it render the proceedings void P 
 
 A. No ; but such proceeding may be set aside either 
 wholly or in part as irregular, or amended, or otherwise 
 dealt with, as and upon such terms as the Court or judge 
 shall think fit. (Order 59.) 
 
 11. Costs. 
 
 Q. State the rule laid down by Order 55 of the 
 Rules of Court as to costs P 
 
 A. Costs are to be in the discretion of the Court, but 
 where any issue has been tried by a jury, the costs are to 
 follow the event, unless at the trial the judge otherwise
 
 TO JUDICATURE ACTS, 1873 AKD 1875. 79 
 
 orders. Nothing herein contained is to deprive a trustee, 
 mortgagee, or other person of any right to costs out of a 
 particular estate or fund to which he would be entitled 
 according to the rules hitherto acted upon in Courts of 
 Equity. 
 
 12. EJedmeni. 
 
 Q. How are proceedings for the recoveiy of land to 
 be commenced ? 
 
 A. In the same manner as other actions, i.e., by a writ 
 of summons. (Order 2, r. 1.) 
 
 Q. How is the writ of summons to be served in the 
 case of vacant possession ? 
 
 A. By posting a copy upon the door or other conspi- 
 cuous part of the property. (Order 9, r. 8.) 
 
 Q. Can any person not named in the writ of sum- 
 mons appear and defend ? 
 
 A. He may by leave of the Court or a judge, on shewing 
 by affidavit that he is in possession by himself or by his 
 tenant, and if a person is in possession only by his tenant, 
 he must state in his appearance that he appears as land- 
 lord. (Order 12, rr. 18 and 19.) 
 
 Q. Can a defendant limit his defence to part only 
 of the lands sued for ? 
 
 A. Yes, as formerly, delivering his notice within four 
 days after appearance. (Order 12, r. 21.) 
 
 Q. Where a defendant does not appear, or appear- 
 ing limits his defence, how can the plaintiff proceed ? 
 
 A, He may enter judgment in the first case for the
 
 80 THE student's GUIDE 
 
 whole land claimed, and in the second for the part, and 
 recover possession; and if his writ also claimed mesne 
 profits, he may proceed as to them in the same way as in 
 any ordinary action. (Order 13, rr. 7 and 8.) 
 
 Q. Can any other cause of action be joined with 
 an action for recovery of land P 
 
 A. No ; except claims in respect of mesne profits or 
 arrears of rent in respect of the premises claimed, or any 
 part thereof, and damages for breach of any contract under 
 which the same, or any part thereof, are held. (Order 17, 
 r. 2.) 
 
 Q. In an action for recovery of land are the plead- 
 ings to be as in other actions ? 
 
 A. No ; it is provided that a defendant in such an action, 
 in possession by himself or his tenant, need not plead his 
 title unless his defence is of an equitable nature, and 
 except in such case it shall be sufficient to state, by way 
 of defence, that he is so in possession, and he may rely 
 upon any ground of defence which he can prove. (Order 
 19, r. 15.) 
 
 Q. How is judgment in an action for recovery of 
 land to be enforced ? 
 
 A. As formerly, by writ of possession. 
 
 13. Ap2>GaIs. 
 
 Q. How are appeals to be heard and determined P 
 A. Where the subject-matter of the appeal is a final 
 decree, order, or judgment, it is to be heard before at
 
 TO JUDICATURE ACTS, 1873 AND lb7^, 81 
 
 least three judges, but if it is only an interlocutory decree, 
 order, or judgment, it can be heard before two judges, and 
 if any doubt arises as to what are interlocutory and what 
 final it shall be determined by the Court of Appeal. No 
 judge of the Court of Appeal is to hear an appeal from a 
 judgment or order made by himself, or u Divisional Court 
 of which he was or is a member. (Jud. Act, 1875, sects. 
 12 and 4, instead of sects. 53 and 54, in Act of 1873, 
 repealed.) 
 
 Notwithstanding the above any incidental direction not 
 involving the decision of the appeal may be given by a 
 single judge of the Court of Appeal, who may also during 
 vacation make any interim order. (Jud. Act, 1873, 
 sect. 52.) 
 
 Q. What orders of the High Court are not to be 
 subject to appeal ? 
 
 A. Orders by consent, or as to costs only, which are by 
 law left to the discretion of the Court, except by special 
 leave. (Jud. Act, 1873, sect. 49.) 
 
 Q. How can an order made in Chambers be dis- 
 charged 9 
 
 A. Upon notice, by any Divisional Court or judge sitting 
 in Court according to the course and practice of the 
 Division of the High Court to which such particular cause 
 or matter is assigned. (Jud. Act, 1873, sect. 50.) 
 
 Q. If a party is dissatisfied with the Master's de- 
 cision on any application what can loe done P 
 
 A. It is to be in the option of the Master to refer the 
 
 G
 
 82 THE student's guide 
 
 matter to a judge, and also any person may appeal from a 
 master's decision to a judge at chambers by summons 
 within four days after the decision complained of, but such 
 appeal is to be no stay to proceedings unless so ordered. 
 (Order 54, rr. 2-5.) 
 
 Q. Within what time must an appeal be made from 
 the decision of a judge in Chambers in the Queen's 
 Bench, Common Pleas, or Exchequer Divisions P 
 
 A. Within eight days after the decision complained of. 
 (Order 54, r. 6.) 
 
 Q. What provision is made by the Rules as to bills 
 of exceptions and proceedings in error ? 
 A. Both are abolished. (Order 58, r. 1.) 
 Q. What is the procedure to appeal P 
 A. The appeal is to be by notice of motion in a sum- 
 mary way, and no petition, case, or other formal proceed- 
 ing is to be necessary ; this notice need only (unless 
 otherwise ordered), be served upon the parties directly 
 affected by the appeal. If the appeal is from a final or 
 interlocutory judgment the appeal notice is a fourteen 
 days' notice, and if from an interlocutory order a four days' 
 notice. The appeal is to be set down on production to the 
 proper officer of the Court of Appeal of the judgment or 
 order appealed from, or an office copy of it, and leaving 
 with him a copy of the notice of appeal to be filed, and 
 such deposit or other security for the costs to be occasioned 
 by any appeal shall be made or given as may be directed 
 under special circumstances by the Court of Appeal. 
 (Order 58, rr. 2, 4, 8, and 15.)
 
 TO JUDICATURE ACTS, 1873 AND 1875. 8.3 
 
 Q. Can the Court of Appeal receive further evi- 
 dence upon questions of fact ? 
 
 A. Yes, the Court has lull discretiouary power to do so, 
 such evidence to bo either oral, by aflidavit, or deposi- 
 tion ; and such further evidence may bo given without 
 special leave upon interlocutory applications, or in any 
 case as to matters which have occurred after the date of 
 the decision from which the appeal is brought. (Order 58, 
 r. 5.) 
 
 Q. If a respondent to an appeal is also dissatisfied 
 with the decision appealed against on some point, is 
 it necessary for him to give notice of motion by way . 
 
 of cross appeal P 
 
 A. No ; he need simply give notice of his intention to 
 contend that the decision of the Court below should be 
 varied to any parties who may be affected by such conten- 
 tion. If the appeal is from a final judgment, the notice is 
 to be an eight days' notice, and if from an interlocutory 
 order a two days' notice. (Order 58, rr. G and 7.) 
 
 Q. Wlien evidence has been taken orally in the 
 Court below how is it to be brought before the Court 
 of Appeal ? 
 
 A. By production of a copy of the judge's notes, or 
 such other materials as the Court may deem expedient. 
 (Order 58, r. 11.) 
 
 Q. Within what time must an appeal be brought 
 (1) from an interlocutory order, (2) in other cases ? 
 
 A. (1.) Within twenty-one days. 
 (2.) Within one year. 
 
 G 2
 
 84 THE student's guide. 
 
 Unless allowed afterwards in either case by special 
 leave. (Order 58, r. 15.) 
 
 Q. Is an appeal to operate as a stay of execution ? 
 
 A. Not unless so ordered by the Court appealed from 
 ur any judge thereof, or the Court of Appeal. Any appli- 
 cation for a stay of execution should be made in the first 
 instance to the Court below. (Order 58, rr. 16 and 17.) 
 
 Q. Within what time must an appeal be made from 
 any order or decision made or given in the winding-up 
 of a company 9 
 
 A. Within twenty-one days. (Order 58, rr. 9 and 15.) 
 
 Q. To what Court is an appeal from the London 
 Court of Bankruptcy to be made ? 
 
 A. To Her Majesty's Court of Appeal. (Jud. Act, 1875, 
 sect. 9.) 
 
 Q. To what Court are appeals from County Court 
 decisions to be made ? 
 
 A. To a Divisional Court of the High Court of Justice, 
 consisting of such judges thereof as may from time to time 
 be assigned for that purpose, pursuant to Eules of Court, 
 and the determination of such appeals by such Divisional 
 Court is to be final unless special leave to go to the Court 
 of Appeal shall be given by such Divisional Court. (Jud. 
 Act, 1873, sect. 45).
 
 INDEX. 
 
 A. 
 
 Abatement, 
 
 Actions not to abate, 75 
 Pleas of, abolished, 50 
 Accounts and Inquiries, 62 
 Actions, how commenced, 34 
 Admiralty Rule as to Collisions, 32 
 Admission of Documents, 61 
 Affidavits, rules in framing, 68 
 Amendment of Pleadings, provisions for, 50 
 Answer, sufficiency of, how objected to, 59 
 Appeal, 
 
 From County Courts, 23, 84 
 
 Constitution of Court of, 25, 26 
 
 Who are to be appeal judges, 25 
 
 Nature of their tenure, 26 
 
 Position of House of Lords as to, 27 
 ,, Privy Coimcil as to, 27 
 
 Practical provisions as to, and proceedings in, generally, 80-84 
 
 Bills of exception and error abolished, 82 
 
 From Bankruptcy Court, 84 
 Appearance, 
 
 Time for, 41 
 
 When necessary to give notice of, 41 
 
 By partners, 41 
 
 Course to be taken on non-appearance of lunatic or infant 
 defendant, 41, 42 
 
 Course to be taken on non-appearance of ordinary defen- 
 dant, 43 
 
 Applications 
 
 To the Court to be generally by motion, 76 
 To Chambers, by summons, 76
 
 i 
 
 86 INDEX. 
 
 Assessors, provisions as to, 63, 64 
 
 Assigning Cause to wrong Division, consequence of, 20 
 
 B. 
 
 Bankruptcy, Court of, 
 
 Not imited in Supreme Court, 12 
 
 Appeals from Coui-t of, 84 
 Bills op Exceptions abolished, 82 
 Bills of Exchange, 
 
 Writs may stUl be issued under 18 & 19 Yict. c. 67 ..35 
 
 All parties liable on, may always be joined in one action, 44 
 
 c. 
 
 Causes of Action, 
 
 Several may be joined in same action, 47 
 
 But judge may order separate trials, 47 
 Choses in Action to be assignable, 30 
 Circuits, general provisions as to, 17, 18 
 Commencement of Acts, 10 
 Concurrent Writs may be issued, 38 
 Constitution 
 
 Of Supreme Court of Judicature, 10 
 
 Of Higb Court of Justice, 13 
 
 Of Court of Appeal, 26 
 Contribution, 
 
 Between sureties, 33 
 
 Course that may be taken wben claimed by defendant from a 
 third person, 46 
 Contributory Negligence, 
 
 What it is, 32 
 
 Admiralty rule as to, prevails, 33 
 Costs, rule as to, 78, 79 
 County; Courts, appeals from, 23, 84 
 Crown Cases Reserved, bow to be determined, 23 
 
 D. 
 
 Demurrers, 57 
 Discovery of Documents, 
 
 How obtained, 59 
 
 Provisions as to, generally, 60
 
 INDEX. 87 
 
 Distribution of Business in High Couet, rules for, 19, 2o 
 
 DiSTEICT ReQISTEIES, 
 
 Establishment of, 24 
 
 Their jurisdictiou, 24 
 
 Optional to commence actions in, 37 
 
 Removal of actions from, 37 
 DiSTKiNGAS, Writ of, can still be issued, 74 
 Division 
 
 Of Supreme Court, 12 
 
 Of High Court of Justice, 11 
 
 Consequence of suing in wrong Division, 20 
 Divisional Courts, what matters arc to be heard before, 22 
 
 E. 
 
 Ejectment, provisions as to, generally, 79, 80 
 
 Election Petitions, before whom to be tried, 21 
 
 Entry of Cause for Trial, 66 
 
 Equitable Waste, remedy for, in all Divisions, 29 
 
 Evidence at Trial, 67 
 
 Executors and Administrators, when separate claims by and 
 
 against may be joined in one action, 48 
 Execution, 
 
 When it may be issued, 73 
 
 How long wi'it of, in force, 73 
 
 Writ of, may be renewed, 73, 74 
 Express Trusts, Statutes of Limitation not to apply to, 28 
 
 F. 
 
 Fusion of Law and Equity, 9 
 
 G. 
 
 Garnishee Order may still be obtained, 74 
 
 H. 
 
 High Court of Justice, 
 How constituted, 13 
 Its President, 13 
 How divided, 14 
 Its jurisdiction, 15 
 Rules to be observed in it, 16
 
 88 INDEX. 
 
 House of Lords, position of, as to appeal, 27 
 
 Husband and Wipe, 
 
 When defendants, service on husband usually sufficient, 39 
 In actions by or against separate claims may be joined, 84 
 
 I. 
 
 Indorsement of Writs, 35 
 Infants, 
 
 Rules of Equity as to, to prevail, 33 
 
 How sei'ved with wi'it of summons, 39 
 
 How to sue and defend, 45 
 Injunctions, power as to, 32 
 Inquiries and Accounts, at what stage of action they may be 
 
 directed, 62 
 Inspection of Documents, how obtained, 60 
 Interrogatories, provisions for, generally, 58, 59 
 
 J. 
 
 Judges 
 
 Of Supreme Court, who may be, and their position, 11, 12 
 
 Of High Court of Justice may sit in any Division, 15 
 
 How many to constitute a Court, 22 
 
 When a single judge may sit, 21, 22 
 
 Of Court of Appeal, 25 
 
 Nature of their tenure, and order of precedence, 26 
 Judgment, 
 
 How obtained after trial, 70 
 
 Setting aside, 70, 71 
 Jurisdiction of Masters, extent of, 76, 77 
 
 Lien, course to be taken by plaintiff when set up by defendant, 76 
 Limitation, Statutes of, not to apply to exjiress tiiists, 28 
 
 LUNATldS, 
 
 Who to have jurisdiction in respect of, 21 
 How to sue and defend, 45 
 
 M. 
 
 Married Woman, how to sue and defend, 45 
 Merger, provision as to, 29, 30
 
 INDEX. 89 
 
 Misjoinder, 
 
 Of plaintiffs, consequence of, 43 
 
 Of defendants, consequence of, ii 
 Moetoaooe's Powers, provision as to, 3<) 
 Month, to signify calendar month, 77 
 
 Motion, notice of, may be served on defendant, though he has 
 not appeared, 76 
 
 N. 
 
 New Assignment, abolished, 50 
 New Trial, 
 
 Grounds for, 69 
 
 Procedure to obtain, 69 
 Nonjoinder, 
 
 Of plaintiff, 43 
 
 Of defendant, 44 
 Nonsuits, important provision as to, 71 
 Notice to Produce, object of, 60, 61 
 Notice op Trial, 
 
 When to be given, 66 
 
 Length of, 65 
 
 Countermand of, 66 
 
 Object of Act of 1873.. 9 
 
 0. 
 
 p. 
 
 Partners, 
 
 May be sued in name of firm, 39 
 
 How writ may be sei-ved on partners, defendants, 39 
 
 Enforcing judgment against, 72 
 Payment into Court, 58 
 Pleadings, 
 
 Statement of ordinary, 48 
 
 Rules as to, generally, 49, 50, 51 
 
 Signature of counsel to, not necessary, 49 
 
 To be printed, except when less than three folios, 49 
 
 In abatement abolished, 50 
 
 Matters arising since action may be pleaded or replied. 
 
 Time for, 53-55
 
 90 INDEX. 
 
 Pleadings — continued. 
 
 Consequence of default in delivering, 54 
 
 None after reply without leave, 56 
 
 Amendment of, 58 
 
 Points arising at Trial, how disposed of, 23 
 
 Preservation of Property pending action, order may be 
 made for, 75 
 
 Privy Council, position of, as to appeals, 27 
 
 Proceedings, how commenced, 34 
 
 R. 
 
 Referees, proceedings as to, 63, 64 
 Reply, time for, 55 
 Rules of Law, 28-33 
 
 As to insolvent estates, 28 
 
 Statutes of Limitation not to apply to express trusts, 28 
 
 Equitable waste, 29 
 
 Merger, 30 
 
 Mortgagor's powers, 30 
 
 Time not to be of essence of a contract, 31 
 
 Power as to injunctions, 32 
 
 „ specific perfoimance, 32 
 
 Contributory negligence, 32, 33 
 
 Infants, 33 
 
 Rules of Equity to prevail when at variance with Rules of 
 Law, 33 
 
 S. 
 
 Set-off, extension of principle of, 49 
 
 Signature of Counsel to pleadings, not to be necessary, 49 
 
 Single Judge, what matters may be heard before, 22 
 
 Sittings, when to be held in London and Middlesex, 18 
 
 Special Case, provisions as to, 62, 63 
 
 Specific Performance, power as to gi-anting, 32 
 
 Statement of Claim, time for delivery of, 53 
 
 Statement of Defence, time for delivei'y of, 53 
 
 Supreme Court of Judicature, 
 
 How constituted, and general provisions as to, 11, 12 
 
 Sittings of, 12
 
 INDEX. 
 
 91 
 
 Sureties, difference between, at Law and Eqixity, as to contri- 
 bution, 3.3 
 
 T. 
 
 Terms, provision as to, 17 
 
 Third Persons, claims between and defendants, how disposed 
 
 of, 55 
 Time, wliat days not to be included in computation of, 78 
 
 Trial, 
 
 In what different ways it may take place, 64, 65 
 Entry of cause for, 65 
 Result of not appearing at, Q6 
 Postponement of, 07 
 Before referee, 67 
 Evidence at, 67 
 
 V. 
 
 Vacations, provisions as-to, 17 
 Venue, no local venue, 63 
 
 w. 
 
 Writ of Summons, 
 
 Service of, out of jurisdiction, 35, 40 
 
 How tested, 35 
 
 When to be specially indorsed, 35 
 
 Indorsements of, 36 
 
 May be issued from London or district registries, 37 
 
 How long in force, 38 
 
 Renewal of, 38 
 
 Service on persons under disability, 39 
 
 Time to appear to, 41
 
 LONDON : 
 
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 Ban-ister-at-Law, Lecturer to the Incorporated Law Society of the 
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 " Wc can confidently rccommoDJ Mr. Deane's work. It seems esst'ntially the book for 
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 INDEX OF SUBJECTS. 
 
 ADMIRALTY LAW— 
 
 Jones ^4 
 
 Kay 17 
 
 AGRICULTURAL HOLDINGS— 
 
 Brown ^3 
 
 ARTICLED CLERKS— 
 
 See STUDENTS. 
 ARTIZANS AND LABOURERS' 
 DWELLINGS— 
 
 Lloyd 13 
 
 ASSAULTS— 
 
 .SVd- MAGISTERIAL LAW. 
 
 BALLOT ACT— 
 
 Bushby 33 
 
 BANKRUPTCY— 
 
 Roche and Hazlitt 9 
 
 BAR EXAMINATION JOURNAL 39 
 
 BIBLIOGRAPHY 40 
 
 BILLS OF LADING— 
 
 Kay 17 
 
 BILLS OF SALE— 
 
 Roche and Hazlitt 9 
 
 BIRTHS AND DEATHS REGIS- 
 TRATION— 
 
 Flaxman 43 
 
 CAPITAL PUNISHMENT— 
 
 Copinger 42 
 
 CARRIERS— 
 
 See RAILWAY LAW. 
 „ SHIPMASTERS. 
 
 CHANCERY DIVISION, Practice of— 
 Brown's Edition of Snell ... 22 
 Griffith and Loveland ... 6 
 
 Indermaur 25 
 
 And See EQUITY. 
 
 CHARITABLE TRUSTS— 
 
 Cooke 10 
 
 Whiteford 20 
 
 CHURCH AND CLERGY— 
 
 Brice • 8 
 
 CIVIL LAW— 
 
 See ROMAN LAW. 
 
 CODES— 
 
 Argles 32 
 
 COLLISIONS AT SEA— 
 
 Kay 17 
 
 COLONIAL LAW— 
 
 Cape Colony 38 
 
 Forsyth 12 
 
 New Zealand Jurist 38 
 
 New Zealand Statutes ... 38 
 
 COMMON LAW— 
 
 Indermaur 24 
 
 COMMON PLEAS DIVISION, Practice 
 of— 
 
 Griffith and Loveland .... 6 
 
 Indermaur 25 
 
 COMPANIES LAW— 
 
 Brice 16 
 
 Buckley 29 
 
 Reilly's Reports 29 
 
 Smith 39 
 
 See MAGISTERIAL LAW. 
 
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 Browne 19 
 
 Lloyd 13 
 
 COMPULSORY PURCHASE— 
 
 Browne 19 
 
 CONSTABLES— 
 
 .S-.'^ POLICE GUIDE. 
 
 CONSTITUTIONAL LAW AND 
 HISTORY— 
 
 Forsyth 12 
 
 Taswell-Langmead . . . .21 
 Thomas 28 
 
 CONTRACTS— 
 
 Kay 17 
 
 CONVEYANCING, Practice of— 
 
 Copinger (Title Deeds) ... 45 
 CONVEYANCING, Precedents in— 
 
 Copinger's Index to . . . .4° 
 CONVEYANCING, Principles of— 
 
 Deane 23 
 
 COPYRIGHT— 
 
 Copinger 10 
 
 CORPORATIONS— 
 
 Brice 16 
 
 Browne . . 19 
 
 COVENANTS FOR TITLE— 
 
 Copinger 45 
 
 CREW OF A SHIP— 
 
 Kay 17 
 
 CRIMINAL LAW— 
 
 Copinger 42 
 
 Harris 27 
 
 Moncreiff 42 
 
 See MAGISTERIAL LAW. 
 
 CROWN LAW — 
 
 Forsyth 12 
 
 Hall 30 
 
 Kelyng . 35 
 
 Taswell-Langmead . . . .21 
 
 Thomas 28 
 
 CROWN PRACTICE— 
 
 Corner 10
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAK. 
 
 INDEX OF SUBJECTS— co?ai7med. 
 
 CUSTOM AND USAGE— 
 
 Browne '9 
 
 CUSTOMS— 
 
 See MAGISTERIAL LAW. 
 
 DAMAGES— 
 
 Mayne 3' 
 
 DECREES AND ORDERS— [ 
 
 Pemberton 4' I 
 
 DICTIONARIES— ' 
 
 Brown i 
 
 digests- 
 Lew Magazine Quarterly Digest . 37 
 
 Indian Jurist 18 
 
 Menzies' Digest of Cape Reports 38 
 
 DIVORCE— 
 
 Browning lO 
 
 DUTCH LAW 38 
 
 ECCLESIASTICAL LAW— 
 
 Brice ' 8 
 
 EDUCATION ACTS— 
 
 5^^ MAGISTERIAL LAW. 
 
 ELECTION LAW & PETITIONS— 
 
 Bushby 33 
 
 Hardcastle 33 
 
 O'Malley and Hardcastle ... 33 
 
 EQUITY— 
 
 Choyce Cases 35 
 
 Pemberton 32 and 41 
 
 Snell 22 
 
 EVIDENCE— 
 
 Goodeve 15 
 
 See USAGES AND CUSTOMS. 
 
 EXAMINATION OF STUDENTS— 
 Bar Examination Journal . . 39 
 Indermaur 24 and 25 
 
 EXCHEQUER DIVISION, Practice 
 of— 
 
 Griffith and Loveland .... 6 
 Indermaur '25 
 
 EXTRADITION— 
 
 Clarke 44 
 
 See MAGISTERIAL LAW. 
 
 FACTORIES— 
 
 See MAGISTERIAL LAW. 
 
 FISHERIES— 
 
 See MAGISTERIAL LAW. 
 
 FIXTURES- 
 
 Brown 13 
 
 FOREIGN LAW— 
 
 Ar^'les 32 
 
 Dutch Law 38 
 
 Harris 47 
 
 FORGERY— 
 
 See MAGISTERIAL LAW. 
 
 FRAUDULENT CONVEYANCES— 
 May , 29 
 
 GAIUS INSTITUTES— 
 
 Harris 20 
 
 GAME LAWS— 
 
 Locke 32 
 
 See MAGISTERIAL LAW, 
 
 HACKNEY CARRIAGES— 
 See MAGISTERIAL LAW. 
 
 HINDU LAW— 
 
 Coghlan 28 
 
 Goodeve 15 
 
 Mayne 38 
 
 Michell 44 
 
 HISTORY— 
 
 Taswell-Langmead . . . . 21 
 
 HYPOTHECATION — 
 
 Kay 17 
 
 INDEX TO PRECEDENTS— 
 
 Copinger 40 
 
 INDIA— 
 
 See HINDU LAW. 
 INFANTS— 
 
 Simpson 43 
 
 INJUNCTIONS— 
 
 Joyce II 
 
 INSTITUTE OF THE LAW— 
 
 Brown's Law Dictionary ... 26 
 
 INTERNATIONAL LAW— 
 
 Clarke . . 44 
 
 Law Magazine 37 
 
 INTOXICATING LIQUORS— 
 See MAGISTERIAL LAW. 
 
 JOINT STOCK COMPANIES— 
 See COMPANIES. 
 
 JUDGMENTS AND ORDERS— 
 
 Pemberton 41 
 
 JUDICATURE ACTS— 
 
 Griffith 6 
 
 Indermaur 25 
 
 JURISPRUDENCE— 
 
 Forsyth 12 
 
 JUSTINIAN'S INSTITUTES— 
 
 Campbell 47 
 
 Harris 20 
 
 LAND TENURES— 
 
 Finlason 14 
 
 LANDS CLAUSES CONSOLIDA- 
 TION ACT— 
 
 Lloyd 13 
 
 LARCENY— 
 
 See MAGISTERIAL LAW. 
 LAW DICTIONARY— 
 
 Brown 26 
 
 LAW MAGAZINE & REVIEW . 37 
 
 LEADING CASES— 
 
 Common Lav/ 25 
 
 Constitutional Law .... 28 
 
 Equity and Conveyancing . . 25 
 
 Hindu Law 20 
 
 i 2
 
 STEVENS & HAYNES, BELL YAEl), TEMPLE BAE. 
 
 INDEX OF SUBJECTS — continued. 
 
 38 
 
 45 
 
 LEADING STATUTES- 
 
 Thomas 
 
 LEASES— 
 
 Edge 
 
 LEGACY AND SUCCESSION— 
 
 Hanson 7 
 
 LICENSES— 
 
 See MAGISTERIAL LAW. 
 
 LIFE ASSURANCE— 
 
 Buckley 29 
 
 Reilly 29 
 
 LIMITATION OF ACTIONS— 
 
 Banning ..,-.•• 4^ 
 LIQUIDATION with CREDITORS— 
 
 Roclie and Hazlitt 9 
 
 And see BANKRUPTCY. 
 
 LLOYD'S BONDS 14 
 
 MAGISTERIAL LAW— 
 
 Greenwood and Martin ... 46 
 
 MALICIOUS INJURIES— 
 See MAGISTERIAL LAW. 
 
 MARRIAGE AND DIVORCE - 
 
 Browning ^0 
 
 MARRIED WOMEN'S PRO- 
 PERTY ACTS— 
 
 Griffith 36 
 
 MASTER AND SERVANT— 
 
 See SHIPMASTERS & SEA- 
 MEN. 
 MASTERS AND SERVANTS— 
 
 See MAGISTERIAL LAW. 
 MAXIMS AND PHRASES— 
 
 Trayner 45 
 
 MERCANTILE LAW .... 32 
 
 See SHIPMASTERS & SEA- 
 MEN. 
 
 „ STOPPAGE IN TRANSITU. 
 
 MERCHANDISE MARKS— 
 
 Daniel , . 42 
 
 MINES— 
 
 Harris 47 
 
 See MAGISTERIAL LAW. 
 
 MORTMAIN— 
 
 See CHARITABLE TRUSTS. 
 
 NEGLIGENCE— 
 
 Campbell 4° 
 
 NEW ZEALAND— 
 
 Jurist Journal and Reports . . 38 
 Statutes ....,.• 38 
 
 OBLIGATIONS— 
 
 Brown's Savigny 20 
 
 PARLIAMENT- 
 
 Taswell-Langniead . . . .21 
 Thomas 28 
 
 43 
 
 17 
 
 10 
 
 17 
 46 
 
 30 
 
 PAGE 
 
 PARLIAMENTARY PRACTICE— 
 
 Browne 19 
 
 Smethurst : 18 
 
 PARTITION— 
 
 Walker 
 
 PASSENGERS— 
 
 See MAGISTERIAL LAW 
 
 ,, RAILWAY LAW. 
 PASSENGERS AT SEA— 
 
 Kay 
 
 PATENTS— 
 
 Wynne's Bovill Case . 
 
 PAWNBROKERS— 
 
 See MAGISTERIAL LAW. 
 
 PERSONATION and IDENTITY— 
 Moriarty 14 
 
 PILOTS— 
 
 Kay 
 
 POLICE GUIDE— 
 
 Greenwood and Martin . 
 
 POLLUTION OF RIVERS— 
 Higgins 
 
 PRACTICE BOOKS— 
 
 BankiTiptcy 9 
 
 Companies Law ... 29 and 39 
 
 Compensation 13 
 
 Compulsory Purchase. ... 19 
 
 Conveyancing 45 
 
 Damages 3' 
 
 Divorce 10 
 
 Ecclesiastical Law 8 
 
 Election Petitions 33 
 
 Equity 22 and 32 
 
 High Court of Justice . . 6 and 25 
 
 Injunctions 1 1 
 
 Judicature Acts . . . . 6 and 25 
 
 Magisterial 4^ 
 
 , Privy Council 44 
 
 Railways 14 
 
 Railway Commission .... 19 
 
 Rating 19 
 
 Supreme Court of Judicature 
 
 6 and 25 
 PRIMOGENITURE— 
 
 Lloyd 
 
 PRINCIPLES— 
 
 Brice (Corporations) . 
 Browne (Rating) . 
 Deane (Conveyancing) 
 Harris (Criminal Law) . 
 Houston (Mercantile) . 
 Indermaur (Common Law) 
 Joyce (Injunctions) 
 Snell (Equity) .... 
 
 PRIORITY — 
 
 Robinson 32 
 
 PRIVY COUNCIL— 
 
 Wichell 44 
 
 15 
 
 16 
 19 
 23 
 27 
 
 32 
 24 
 II 
 22
 
 STEVENS & HAYNE8, BELL YABD, TEMPLE BAE. 
 
 INDEX OF SUBJECTS— con^miied. 
 
 PROBATE - 
 
 Hanson 7 
 
 PUBLIC WORSHIP— 
 
 BrLce ° 
 
 QUEEN'S BENCH DIVISION, Practice 
 
 of- , 
 
 Griffith and Loveland . . . . o 
 
 Indermaur 25 
 
 QUESTIONS FOR STUDENTS— 
 
 Indermaur 25 
 
 Bar Examination Journal ... 39 
 
 RAILWAYS— 
 
 Browne ^9 
 
 Godefroi and Shortt . . . • H 
 
 Goodeve '5 
 
 Lloyd 13 
 
 See MAGISTERIAL LAW. 
 
 RATING— 
 
 Browne *9 
 
 SHIPMASTERS AND SEAMEN— 
 
 Kay 
 
 17 
 
 SOCIETIES— 
 
 Sa CORPORATIONS. 
 
 STAGE CARRIAGES— 
 
 Sc-c- MAGISTERIAL LAW. 
 
 STATUTE OF LIMITATIONS— 
 Banning 
 
 42 
 
 REAL PROPERTY— 
 
 Deane 23 
 
 REFEREES COURT— 
 
 Smethurst ^9 
 
 REGISTRATION OF BIRTHS 
 AND DEATHS— 
 
 Flaxman 43 
 
 REPORTS— 
 
 Bellewe 34 
 
 Brooke 35 
 
 Choyce Cases 35 
 
 Cooke 35 
 
 Cunningham 34 
 
 Election Petitions 33 
 
 Finlason 3^ 
 
 Gibbs, Case of Lord Henry Sey 
 
 mour's Will 
 
 Kelyng, John 
 
 Kelynge, William . . . ■. 
 New Zealand Jurist . . . 
 Reilly ....••• 
 Shower (Cases in Parliament) 
 
 RITUAL— 
 
 Brice 
 
 ROMAN LAW— 
 
 Brown's Analysis of Savigny . 
 
 Campbell 
 
 Harris ...•••• 
 
 SALVAGE— 
 
 Jones 
 
 Kay 
 
 SANITARY ACTS- 
 
 5^^ MAGISTERIAL LAW. 
 
 SEA SHORE— 
 
 Hall 
 
 STATUTES— 
 
 New Zealand 3?* 
 
 Revised Edition '2 
 
 Thomas 28 
 
 STOPPAGE IN TRANSITU— 
 
 Houston 32 
 
 Kay '7 
 
 STUDENTS' BOOKS . 20—28, 39, 47 
 
 SUCCESSION DUTIES— 
 
 Hanson 7 
 
 20 
 
 47 
 
 SUCCESSION LAWS— 
 
 Lloyd 15 
 
 SUPREME COURT OF JUDICA- 
 TU RE, Practice of— 
 
 Griffith and Loveland . . . • o 
 Indermaur 25 
 
 TELEGRAPHS— 
 
 See MAGISTERIAL LAW. 
 
 TITLE DEEDS— 
 
 Copinger 
 
 TOWNS IMPROVEMENTS— 
 ^■.Y MAGISTERIAL LAW. 
 
 TRADE MARKS— 
 
 Daniel 
 
 45 
 
 42 
 
 30 
 
 TREASON— 
 
 Kelyng 
 
 Taswell-Lar-gmcad . . . 
 
 TRIALS— 
 
 Queen v. Gurney 
 
 ULTRA VIRES— 
 
 Brice 
 
 USAGES AND CUSTOMS- 
 
 Browne 
 
 VOLUNTARY CONVEYANCES- 
 
 May 
 
 WATER COURSES- 
 
 Higgins 
 
 WILLS, CONSTRUCTION OF- 
 
 Gibbs, Report of Wallace v. 
 Attorney General .... 
 
 35 
 21 
 
 16 
 
 '9 
 
 29 
 
 30
 
 STEVENS & HAYNES, BELL YABD, TEMPLE BAH. 
 
 Now ready, in one thick volume, 8vo., price 30J., cloth lettered, 
 THE 
 
 SUPREME COURT OF JUDICATURE ACTS 
 
 1873, 1875, & 1877: 
 
 THE APPELLATE JURISDICTION ACT, 1876, 
 
 AND 
 
 THE RULES, ORDERS, AND COSTS THEREUNDER: 
 
 EDITED WITH NOTES, REFERENCES, AND A COPIOUS 
 ANALYTICAL INDEX. 
 
 ^fwnit (Ebition. 
 EMBODYING ALL THE REPORTED CASES TO MICHAELMAS SITTINGS, 1877, 
 
 AND A TIME TABLE. 
 
 BY 
 
 WILLIAM DOWNES GRIFFITH, 
 
 Of the Inner Temple, Barrister-at-Law and a Judge of County Courts ; 
 Author of " Griffith's Bankruptcy," &c. 
 
 AND 
 
 RICHARD LOVELAND LOVELAND, 
 
 Of the Inner Temjjle, Barrister-at-Law ; Editor of " Kelyng's Crown Cases," 
 " Shower's Cases in Parliament," and " Hall's Essay on the Rights of the 
 Crown in the Seashore," &c. 
 
 REVIEWS. 
 
 rank of an Excursus on a branch of Law." — Laiu 
 Magazine and Review. 
 
 " Our modem reform is real, and it is certainly 
 beneficent, and depending as it does much upon the 
 decisions of the judges, it is no small advantage 
 that it is so ably explained by such authors and 
 editors as Mr. Griffith and Mr. Loveland." — T/ie 
 Law Times. 
 
 " Much care and industry have been shown in 
 the collection of the cases and the arrangement of 
 the book, and the facilities gi^en by the mode of 
 printing enable the reader to find his way readily to 
 any part of the Acts or Rules he may wish to con- 
 sult." — Solicito/-s' Journal. 
 
 " Mr. W. Downes Griffith appears to have met 
 with the success which we confidently anticipated 
 for his book when it first came out. His system of 
 annotation remains fuller than that of most of his 
 contemporaries, and rises not unfrequently to the 
 
 "Of the many editions of the Judicature Acts which have appeared, there is certainly none which can 
 be fairly compared with it. The original portion of the work — the editorial notes — is admirably done. It 
 appears to embody, as stated in the title page, 'all the reported cases to Michaelmas sittings 1877,' and 
 these cases are fully and clearly digested ; but in addition to the work of citation, the editors have 
 supplied a large amount of valuable annotation on the old rules of pleading, practice, and procedure, as 
 affected by the new. We may refer as examples to the Notes on Pleading, p. 254 ; Demurrer, p. 288 : 
 Discovery and Inspection, p. 306 ; and Change of Parties, p. 417. A cursory glance at these notes will 
 satisfy any lawyer as to the value of the work. The lime-table, which contains in double column a list 
 of the various proceedings in an action, and a statement of the time limited in respect of each, is sure to^be 
 appreciated by the practitioner. The Index, which extends over 164 pages, is full and complete." — 
 A ew Zealand Jurist. 
 
 " If continued popularity should not await this 
 most practical and exhaustive exposition of the 
 working of the Supreme Court of Judicature Acts 
 and Orders, we can only say that it will not 'be 
 because the editors have not fulfilled their aim, in 
 rendering it a sure and useful guide to the new pro- 
 cedure." — Irish Law Titnes. 
 
 " The authors deserve the gratitude, and appre- 
 ciation of those who consult this work, for (as we 
 have often observed) references to cited cases to all 
 the authorities is of the utmost consequence to 
 those gentlemen in the legal profession whose 
 libraries are of limited extent. This work is highly 
 commendable . . . ." — Law Journal.
 
 STEVENS & HAYNE8, BELL YAED, TEMPLE BAB. 
 
 Third Edition, in 8vo., 1876, price 25^., cloth, 
 
 THE ACTS 
 
 RELATING TO 
 
 PROBATE, LEGACY, AND 
 SUCCESSION DUTIES. 
 
 COMPRISING THE 
 
 36 GEO. III., Cap. 52; 45 GEO. III., Cap. 28; 55 GEO. III., Cap. 1S4; 
 AND 16 & 17 VICT., Cap. 51; 
 
 WITH 
 
 AN INTRODUCTION, COPIOUS NOTES, 
 
 and 
 
 REFERENCES 
 
 To all the Dixidcd Cases in England, Scotland, and Ireland ; 
 AN APPENDIX OF STATUTES, TABLES, AND A FULL INDEX. 
 
 By ALFRED HANSON, 
 
 OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW ; 
 COMPTROLLER OF LEGACY AND SUCCESSION DUTIES. 
 
 INCORPORATING THE CASES TO MICHAELMAS SITTINGS, 1876. 
 
 Reviews of Second Edition. 
 
 " It is the only complete book upon a subject of great importance, but which does not 
 come within the regular course of" professional study, and therefore requires to be read 
 up when a case having reference to it comes into the solicitor's office. 
 
 " Mr. Hanson is peculiarly qualified to be the adviser at such a time. Hence a volume 
 without a rival." — Law Times. 
 
 " Since Mr. Hanson produced his first edition he has been appointed Comptroller of 
 Legacy and Succession Duties. His book is in itself a most useful one ; its author knoAvs 
 every in and out of the subject, and has presented the whole in a form easily and readily 
 handled, and with good arrangement and clear exposition." — Solicitors' Journal. 
 
 In royal Svc, 1877, price lOj., cloth. 
 LES HOSPICES DE PARIS ET DE LONDRES. 
 
 THE CASE OF LORD HENRY SEYMOUR'S WILL 
 
 (WALLACE V. THE ATTORNEY-GENERAL). 
 
 Reported by FREDERICK WAYMOUTH GIBBS, C.B., Barrister-at-Law, 
 late Fellow of Trinity College, Cambridge.
 
 STEVENS ft HAYNES, BELL YARD, TEMPLE BAR. 
 
 In one volume, 8vo, 1875, price 28^., cloth, 
 
 THE LAW RELATING TO PUBLIC WORSHIP; 
 
 WITH SPECIAL REFERENCE TO 
 
 9l^atter0 of Eitual anti iDctiamentation, 
 
 AND THE MEANS OF SECURING THE DUE OBSERVANCE THEREOF, 
 
 AND CONTAINING IN EXTENSO, 
 
 WITH NOTES AND REFERENCES, 
 
 THE PUBLIC WORSHIP REGULATION ACT, 1874; 
 
 THE CHURCH DISCIPLINE ACT ; 
 
 THE VARIOUS ACTS OF UNIFORMITY ; 
 
 THE LITURGIES OF 1549, 1552, and 1559, 
 
 COMPARED WITH THE PRESENT RUBRIC; 
 
 THE CANONS; THE ARTICLES; 
 
 AND THE 
 
 INJUNCTIONS, ADVERTISEMENTS, AND OTHER ORIGINAL 
 DOCUMENTS OF LEGAL AUTHORITY. 
 
 By SEWARD BRICE, LL.D., 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 " To the vast number of people zv/io m various ways are interested in the 
 working of the Act, Mr. Bricis volume cannot fail to be welcome. It is well 
 conceived and carefully executed.^' — The Times. 
 
 " This excellent compilation of the law relating to 
 a subject of very greatinterest and importance . . . 
 it is well arranged ; the practitioner will find all 
 the material ready to his hand, Mr. Brice having 
 spared no pains in describing the procedure as 
 elucidated by the decisions of the Privy Council. 
 In Mr. Brice's work the ecclesiastical practitioner 
 and the church authorities will be provided with a 
 reliable guide to Church Law under the Act of 
 1874." — Law Times. 
 
 " Dr. Brice's book upon the law relating to 
 public worship has been, as may be supposed, 
 specially framed for the use of clergymen, church- 
 wardens and others, interested in the regulation of 
 our Church services. Here there is condensed in 
 one volume all the material for the guidance and 
 control of public worship, and both ecclesiastics 
 and laymen can, by aid of the index, find out at a 
 glance the exact state of the law as interpreted by 
 the highest authorities upon any given point ; and 
 churchwardens and others can ascert.tin the exact 
 steps which should be followed by those who desire 
 to put a stop to breaches of the law. The work 
 deserves, and will no doubt have, a very extensive 
 sale." — Standard. 
 
 " To law students the very clear exjwsitioji of the 
 various statutes relatitig to rites and sacraments, 
 ceremonials, vestments, ornamentation, ecclesias- 
 tical remedies and Jmnishments, the jurisdiction 
 of tlie ordinary, isT'c, will be of the greatest value. 
 as vaell for the metlwdical arrangement "which 
 ch.aracietises it, as for the erudition displayed in 
 the coftments, and the clearness .rnd lucidity of the 
 style in whuh tliey are couched. Several autho- 
 ritative enactments relating to public worship, and 
 the various editions of the articles, are given in 
 
 extenso ; and the numerous cases incidentally 
 alluded to throughout the volume are alphabetically 
 arranged and tabulated." — Morning Post. 
 
 " Dr. Brice's large and learned work is a very 
 complete manual for its purpose." — Guardian. 
 
 "Dr. Brice's book contains a great tnass of 
 information on ecclesiastical matters, which must 
 at all times be valuable for reference." — The 
 Record. 
 
 " We can confidently recommend the treatise to 
 all those who are concerned in the subject. To 
 students it will be useful as a compendium of eccle- 
 siastical law. To lawyers it will be a handy book 
 of reference. To clergymen and parishioners it will 
 be a valuable guide, and may perhaps prevent some 
 useless litigation. An index of twenty-two pages, 
 and a fable of upwards of 300 cases, testify to the 
 labour bestowed upon this treatise ; but it is not a 
 mere compilation, and only an author who has 
 thoroughly mastered the subject could have written 
 the book." — Law fourtial. 
 
 "The purpose of Mr. Seward Brice's treatise on 
 ' The Law Relating to Public Worship' is, as stated 
 in the preface, to give ' a full exposition of the 
 Law of Public Worship, in so far as it concerns the 
 external forms and cultus enforced or merely per- 
 missible by the rules of the Church of England,' 
 special prominence being assigned to the subjects 
 of ornaments, ceremonial, and vestments. The 
 work is very carefully and thoroughly done, and 
 includes not only a clear account both of the sub- 
 stantive law and of the means of enforcing it, but 
 the text of the pertinent statutes and of other docu- 
 ments bearing upon the matters discussed." — Daily 
 News.
 
 STEVENS & EAYNES, BELL TABD, TEMPLE BAR. 
 
 In one thick volume, Svo., 1873, pnce 3ar., cloth, 
 
 THE LAW AND PRACTICE IN BANKRUPTCY; 
 
 Comprising the Bankniptcy Act, 1869 ; the Debtors Act, 1869 ; the Insolvent Debtors 
 and Bankruptcy Repeal Act, 18G9 ; together with the General Rules and Orders 
 in Bankruptcy, at Common Law and in the County Courts; 
 
 With the Practice on Procedure to Adjudication, Procedure 
 
 to Liquidation, Procedure to Composition, and Procedure 
 
 under Debtors' Summons, Scales of Costs and 
 
 of Allowance to Witnesses. 
 
 Copious Notes, References, and a very full Index. Second Edition. By Henry Philip 
 Roche and William Hazlitt, Barristers-at-Law, and Registrars of the Court 
 of Bankruptcy. 
 
 From THE LAW. 
 
 "The aim of the authors in writing this book has 
 been to niaku it u;^eful to the profession, and in this 
 they have eminently succeeded. Bringing to their 
 task a long and varied experience of liankniptcy 
 laws, they have been able, from their position as 
 Registrars of the Court, also to acquire more know- 
 ledge of the practical working of the new Act than 
 could well have been obtained by any other writer, 
 however gifted and industrious. The last statute, 
 which by itself looked so simple, has, from the 
 number and complexity of the rules framed there- 
 under, probably surpassed all its predecessors in 
 accumulating a mass of forms and ceremonies. 
 Therefore it is that a book like the above becomes 
 absolutely necessary, more especially to solicitors 
 who have but a small practice in Bankruptcy. The 
 portion of the work which to such will be found 
 most useful, is that on the practical procedure ; 
 where they will find plain and minute directions as 
 to setting about the commencement of a Bankruptcy 
 or Liquidation, and also as to its continuance and 
 conclusion. There is also a special and carefully 
 written chapter on Costs. There are included in 
 the work all the statutes, rules, forms, and scales 
 of costs, which can be wanted in a Bankruptcy 
 case ; while the Index is a book of itself, and seems 
 unusually complete. The type and binding could 
 not well be better. Altogether we can say of this 
 book that it is the product of hard work, by men 
 who know of what they write, and that it is worthy 
 to stand beside our best text-books on the shelves 
 of every lawyer." 
 
 From the LAW TIMES. 
 
 "This work is one which has naturally carried 
 with it more weight than any other text-book, 
 having been written by two registrars of the Court 
 of Bankruptcy. In practice it has been found to 
 realise the anticipations formed concerning it, in 
 proof of which we have now in our hands a second 
 edition. Perhaps the most valuable feature of the 
 work is the fulness of the practical deiails which 
 enable a tyro to transact his business ^vith tolerable 
 security. The first half of the work comprises the 
 Bankruptcy Act and the Debtors Act, which have 
 been carefully and ably noted with all the deci- 
 sions . and the latter half is devoted mainly to 
 practice and procedure. The Bills of Sale Act and 
 one or two other enactments are incorpor.ntcd which 
 are frequently consulted by the bankruj;tcy practj- 
 tioner. A very elaborate index ends the volume." 
 
 From the LAW JOURNAL. 
 
 " The work before us also cont.iins the Debtors 
 Act of 1869, the Bankruptcy Repeal Act of 1869, the 
 Absconding Debtors Act, 1869, with several other 
 Acts and all the General Rules in Bankruptcy, 
 printed and annotated in the same manner as the 
 principal Act. There is also a very full collectiun of 
 forms and bills of costs; bul tlu portion 0/ the work 
 ivhick is decidt-dty the most novel, andiue imagine 
 wi! I prove extretite'.y usejul, is that comprised in 
 pages 355-474, which contain an exposition by the 
 authors on the P'ficticeon/rroceduretoadjudication, 
 lujiiidation, and composition ivith creditors, and 
 on procedure under a debtors' summons. It i< not 
 oftt'n that a practiiin^ lawyer is able to turn to a 
 book on Practice written by tlie judges oj tlw parti- 
 cular Court to -which it relates, and, as it -were, 
 stamped with tfte seal 0/ authority In con- 
 clusion, ive have only to say that Messrs. Roche 
 and Hazlitt liave appended to tluirwork a very 
 full and copious index, and t/tat we can cordially 
 and conscientiously recommend it to the notice oJ 
 the legal profession." 
 
 From the SOLICITORS' JOURNAL. 
 
 "In the book before us, a reader is enabled by 
 means of large consecutive figures at the head of 
 each margin to reach the section and cases he re- 
 quires without the trouble of referring to the index. 
 In the hurry of daily practice this will probably be 
 found no small .advantage. In the subsequent 
 chapters on adjudication, liquidation, composition, 
 and debtors' summons, the arrangement adopted is 
 the convenient one for practical purposes of tracing 
 each consecutive step of the procedure, and weld- 
 ing together the provisions of the Acts, Rules, and 
 Forms, with the substance of the cases. This 
 appears to us to be successfully accomplished, and 
 the book, as a whole, constitutes a iisef"ul digest of 
 the statutorj' and case law. As regards the former, 
 the work appears to cont.ain every provision rela- 
 ting to or connected with the subject, including; 
 even the orders made in December, 1869, transfer- 
 ring business then pending. The cases are taken 
 from a wide range of reports and include a con- 
 siderable number cited from MSS. notes. The 
 index is unusually full, combining both an analysis 
 and index ; and, lastly, the type and paper are all 
 that can be desired."
 
 10 
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 In preparation, and to be puhlislied immediately new Rules are issued, 
 
 CORNER'S CROWN PRACTICE: 
 
 Being the Practice of the Crown Side of the Queen's Bench Division of the High Court 
 of Justice; with an Appendix of Rules, Forms, Scale of Costs and Allowances, &c. 
 
 SECOND EDITION. 
 
 By FREDERICK H. SHORT, of the Crown Office, and R. L. LOVELAND, 
 
 0/ the Inner Temple, Barrister-at-Law, Editor of " Kelyng's Crown Cases," and 
 " Hall's Essay on tfie Rights of the Crown in the Sea Slwre." 
 
 In one volume, 8vo., 1870, price iBj-., cloth, 
 
 THE LAW OF COPYRIGHT, 
 
 In Works of Literature and Art ; including that of the Drama, Music, Engraving, 
 Sculpture, Painting, Photography, and Ornamental and Useful Designs ; together 
 with International and Foreign Copyright, with the Statutes relating thereto, 
 and References to the English and American Decisions. By Walier Arthur 
 CoPiNGER, of the Middle Temple, Barrister-at-Law. 
 
 " A book that is certainly the most complete trea- | "The book is a thoroughly good one." — The 
 
 tise upon the complex subject of copyright which Bookseller. 
 
 has ever been published in England." — Athena-um. 1 "Wo refer our readers to this capital book 
 
 "A work much needed, and which he has done | on Copyright." — The Publishers' Circular. 
 
 exceedingly well." — American Law Review. I 
 
 In 8vo., 1873, price ioj-. 6d., cloth, 
 
 THE BOVILL PATENT. 
 
 A Collection of the Summings-up and Judgments in the Litigation under the Patent of 
 5th June, 1849, granted to the late G. H. Bovill for Improvements in the 
 Manufacture of Flour. With an Introduction and some Observations by 
 W. W. Wynne, Attomey-at-Law. 
 
 In 8vo., 1872, price 12s., cloth, 
 
 An Exposition of the Laws of Marriage 
 
 AND Dl\/ORGE. 
 
 As administered in the Court for Divorce and Matrimonial Causes, with the Method of 
 Procedure in each kind of Suit ; Illustrated by Copious Notes of Cases. By 
 Ernst Browning, of the Inner Temple, Barrister-at-Law. 
 
 In 8vo., 1867, price \6s., cloth, 
 
 THE CHARITABLE TRUSTS ACTS, 1853, 1855, 1860; 
 
 THE OHAEITY COMMISSIONEES JUEISDIOTION ACT, 1862; 
 THE EOMAIT CATHOLIC CHAEITIES ACTS : 
 
 Together with a Collection of Statutes relating to or affecting Charities, including the 
 Mortmain Acts, Notes of Cases from 1853 to the present time. Forms of Decla- 
 rations of Trust, Conditions of Sale, and Conveyance of Charity Land, and a 
 very copious Index. Second Edition. 
 
 By Hugh Cooke and R. G. Harwood, of the Charity Commission. 
 
 " Charities are so numerous, so many persons are 
 directly or indirectly interested in them, they are so 
 much abused, and there is such a growing desire to 
 rectify those abuses and to call in the aid of the 
 commissioners for a more beneficial application, of 
 their funds, that we arc not surprised to receive a 
 
 second edition of a collection of all the statutes that 
 regulate them, admirably annotated by two such 
 competent editors as Messrs. Cooke and Harwood, 
 whose official experience peculiarly qualifies them 
 for the task." — Law Times.
 
 STEVENS ft EAYNES, BELL TABD, TEMPLE BAB. 11 
 
 Now ready, in one volume, royal 8vo., 1877, price 30X., cloth, 
 
 THE DOCTRINES AND PRINCIPLES OF 
 THE LAW OF INJUNCTIONS. 
 
 By WILLIAM JOYCE, 
 OF Lincoln's inn, barriste r-a t-l a w. 
 
 "Mr. Joyce, whose learned and exhaustive work on 'The Law and Praclice of Injunctions,' has 
 gained such a deservedly high reput.Tliun in the Profession, now brings out a valuable cumpanion volume 
 on the ' Doctrines and Principles' of this important branch of the Law. In the present work the Law is 
 enunciated in its abslract rather than its concrete form, as few cases as possible being cited ; while at the 
 same time no statement of a principle is made unsupported by a decision, and for the most part the very 
 language of the Courts has been adhered to. Written as it is by so acknowledged a master of his subject, 
 and with the conscientious carefulness that might be expected from him, this work cannot fail to prove of 
 the greatest assistance alike to the Student— who wants to grasp principles freed from their sut)crincum- 
 bent details— and to the Practitioner, who wants to refresh his memory on points of Doctrine amidst the 
 oppressive details of professional work." — La7v Ma^azim- and Review. 
 
 BY THE SAME AUTHOR, 
 In two volumes, royal 8vo., 1872, price 70^., cloth, 
 
 THE LAW AND PRACTICE OF INJUNCTIONS. 
 
 embracing all the subjects in which 
 
 COURTS OF EQUITY AND COMMON LAW 
 
 HAVE JURISDICTION. 
 
 By WILLIAM JOYCE, 
 
 OF LINCOLN'S INN, BARRISTER-AT-LAW. 
 
 REVIEWS. 
 
 "A work which aims at being so absolutely 
 complete, as that of Mr. Joyce upon a subject 
 which is of almost perpetual recurrence in the 
 Courts, cannot fail to be a welcome offering to the 
 profession and, doubtless, it will be well received 
 and largely used, for it is as absolutely complete as 
 
 it aims at being This work is, therefore, 
 
 eminently a work for the practitioner, being full of 
 practical utility in every page, and every sentence, 
 of it We have to congratulate the pro- 
 fession on this new acquisition to a digest of the 
 law, and the author on his production of a work of 
 
 " From these remarks it will be sufficiently per- 
 ceived what elaborate and painstaking industry, as 
 well as legal knowledge and ability, has been 
 necessary in the compilation of Mr. Joyce's work. 
 No labour has been spared to save the practitioner 
 labour, and no research has been omitted which 
 could tend towards the elucidation and exemplifi- 
 cation of the tjeueral principles of the Law and 
 Practice of Injunctions." — Law Journal. 
 
 " He does not attempt to go an inch beyond that 
 for which he has express written authority ; he al- 
 
 permanent utility and fame."— Xrttt; Ma£azi?ie \ lows the cases to speak, and does not speak for them 
 and Review. ,,_,, , . .. .' 
 
 The work is somethmg more than a treatise on 
 the Law of Injunctions. It gives us the general 
 law on almost every subject to which the process of 
 injunction is applicable. Not only English, but 
 American decisions arc cited, the aggregate number 
 being 3,500, and the statutes cited 160, whilst the 
 index is, we think, the most elaborate we have ever 
 seen — occupjnng nearly 200 pages. The work is 
 probably entirely exhaustive." — Law Times. 
 
 "Mr. Joyce has produced not a treatise but a 
 complete and compendious exposition of the Law 
 and Practice of Injunctions both in equity and com- 
 mon law. 
 
 " Part III. is devoted to the practice of the 
 Courts. Contains an amount of valuable and 
 technical matter nowliere else collected. 
 
 " This work, considered either as to its matter or manner of execution, is no ordinary work. It is a 
 complete and exhaustive treatise both as to the law and the practice of granting injunction;. It must 
 supersede all other works on the subject. The terse statement of the practice will be found of incalculable 
 value. We know of no book as suit.able to supply a knowledge of the law of injunctions to our common 
 law friends as Mr. Joyce's exhaustive work. It is alike indispensable to members of the Co'imion Law 
 and Equity I'ars. Mr. Joyce's great work would be a casket without a key unless accompanied by a good 
 index. His index is very full and well arranged. We feel that this work is destined to take its place 
 as a standard text-book, and the text-book on the particular subject of which it treats. The author 
 deserves great credit for the very great labour bestowed upon it. The publishers, as usual, have acquitted 
 themselves in a manner deserving of the high reputation they bear." — Canada Law Journal.
 
 12 
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAR. 
 
 In one volume, royal 8vo., 1869, price 30J'., cloth, 
 
 CASES & OPINIONS ON CONSTITUTIONAL LAW, 
 
 AND VARIOUS POINTS OF ENGLISH JURISPRUDENCE. 
 Collected and Digested from Official Documents and other Sources ; with Notes. By 
 William Forsyth, M.A., M.P., Q.C, Standing Counsel to the Secretary of 
 State in Council of India, Author of " Hortensius," "History of Trial by 
 Jury," " Life of Cicero," etc., late Fellow of Trinity College, Cambridge. 
 
 From the CONTEMPORARY REVIEW. 
 " We cannot but regard with interest a book 
 which, within moderate compass, presents us with 
 the opinions or resjiojisa of such lawyers and states- 
 men as Somers, Holt, Hardwicke, Mansfield, and, 
 to come down to our own day, Lyndhurst, Abinger, 
 Denman, Cranworth, Campbell, St. Leonards, 
 Westbury, Chelmsford, Cockburn, Cairns, and the 
 present Lord Chancellor Hatherley. At the end of 
 each chapter of the 'Cases and Opinions,' Mr. 
 Forsyth has added notes of his own, cor.:aining a 
 most excellent summary of all the law bearing on 
 that branch of his subject to which the 'Opinions' 
 refer. . . . Our space precludes us from dwelling 
 upon the contents of this work at any greater 
 length, but we think we have said enough to show 
 that it is worthy of a place on the book-shelves of 
 our statesmen, and all who take an interest in con- 
 stitutional, or rather, national and colonial ques- 
 tions." 
 From the LAW MAGAZINE and LAW 
 REVIEW. 
 
 "Mr. Forsyth has largely and beneficially added 
 to our legal stores. H is work may be regarded as in 
 some sense a continuation of ' Chalmers's Opinions 
 of Eminent Lawyers.' . . . The constitutional 
 relations between England and her colonies are 
 becoming every day of more importance. The 
 work of Mr. Forsyth will do more to make these 
 relations perfectly clear than any which has yet 
 .ippeared. Henceforth it will be the standard work 
 of reference in a variety of questions which are 
 constantly presenting themselves for solution both 
 here and in our colonies. . . . Questions of colonial 
 law by no means occupy an exclusive share of the 
 volume. . . . Among other questions on which 
 • opinions ' are given, and of which careful sum- 
 maries and generalisations have been added by 
 Mr. Forsyth, are those relating to vice-admiralty 
 jurisdiction and piracy; the prerogatives of the 
 Crown in relation to treasure trove, land in the 
 colonies, mines, cession of territory, &c. ; the power 
 of courts-martial, e-xtra-territorial jurisdiction, alle- 
 
 giance, the lex loci and the lex fori, extradition, 
 and appeals from the colonies. The volume bears 
 marks of extreme care and regard to accuracy, and 
 is in every respect a valuable contribution to consti- 
 tutional law." 
 
 From the LAW TIMES. 
 
 "This one volume of 560 pages or thereabouts 
 is a perfect storehouse of law not readily to be 
 found elsewhere, and the more useful because it is 
 not abstract law, but the application of principles 
 to particular cases. Mr. Forsyth's plan is that of 
 cla'isification. He collects in separate chapters a 
 variety of opinions bearing upon separate branches 
 of the law. Thus, the first chapter is devoted to 
 cases on the common law, and the law applicable to 
 the colonies ; the second to the ecclesiastical law 
 relating to the colonies ; the third to the powers 
 and duties, civil and criminal liabilities, of governors 
 of colonies; the next to vice-admiralty jurisdiction 
 and piracy ; the fifth to certain prerogatives of the 
 Crown : such as lands in the colonies, grants, 
 escheats, mines, treasure trove, royal fish, felon's 
 goods, writ tie exeat regno, proclamation, cession 
 of territory, and creation of courts of justice ; the 
 sixth chapter contains opinions on martial law and 
 courts-martial ; the seventh on extra-territorial juris- 
 diction; the eighth on the lex loci and lex fori ; 
 the ninth on allegiance and aliens ; and then suc- 
 cessively on extradition ; on appeals from the colo- 
 nies ; on the revocation of charters ; on the Channel 
 Islands ; on the nationality of a ship, and other 
 matters relating to ships ; on the power of the 
 Crown to grant exclusive rights of trade ; on writs 
 of habeas corpus ; on certain points relating to the 
 criminal law ; and lastly, on miscellaneous subjects, 
 such as the declaration of war before hostilities ; on 
 the right of war, booty and prize, and on the grant 
 of a marriage licence. . . . This is a book to be 
 read, and therefore we recommend it not to all 
 lawyers only, but to every law student. The 
 editor's own notes are not the least valuable portion 
 of the volume." 
 
 THE REVISED EDITION OF THE STATUTES. 
 
 PREPARED UNDER THE DIRECTION OF THE STATUTE LAW 
 
 COMMITTEE, AND 
 
 PUBLISHED BY THE AUTHORITY OF HER MAJESTY'S GOVERNMENT. 
 
 Volume I.— Henry HI. to James IL, 1235-1685 
 
 ^^ 2.— Will. & Mary to 10 Geo. III., 1688-1770 
 
 '^ 3.— II Geo. HI. to 41 Geo. III., 1700-1800 
 
 ^^ 4.— 41 Geo. III. to 51 Geo. III., 1801-1811 
 
 5.-52 Geo. HI. to 4 Geo. IV., 1812-1823 
 
 6.-5 Geo. IV. to I & 2 Will IV., 1824-1831 
 
 , 7.-2 Sc 3 Win. IV. to 6 & 7 Win. IV., 1831-1836 
 
 ^^ 8.-7 Will. IV. & I Vict, to 5 & 6 Vict., 1837-1842 
 
 ,, 9. -6 & 7 Vict, to 9 .& 10 Vict., 
 
 ., 10. — 10 & II Vict, to 13 & 14 Vict., 
 
 ,, II.— 14 & IS Vict, to 16 & 17 Vict., 
 
 ,, 12. — 17 & 18 Vict, to 19 & 20 Vict., 
 
 ,, 13. — 20 Vict, to 24 & 25 Vict., 
 
 ,, 14.— 25 & 26 Vict, to 28 & 29 Vict., 
 
 CHRONOLOGICAL TABLE of and INDEX to the STATUTES, to the end of the 
 Session of 1877. Fourth Edition, imperial 8vo., £1 ^s., cloth. 
 
 I 843- I 846 
 I 847-1 850 
 1851-1853 
 1854-1S56 
 1857-1861 
 I 862- I 86 5 
 
 cloth.
 
 STEVENS & HATNES, BELL YABD, TEMPLE BAK. 
 
 13 
 
 In 8vo., 1S77, price Twcntv-five Shillings, cloth, 
 
 THE LAW OF COMPENSATION 
 
 FOR LANDS, HOUSES, &c.. 
 Under the Lands Clauses, Railways Clauses Consolidation and Metropolitan Acts, 
 
 THE ARTIZANS & LABORERS' DWELLINGS IMPROVEMENT ACT, 1875. 
 WITH A FULL COLLECTION OF FORMS AND PRLCEDENTS, 
 
 Jpourti^ IStiiiion, 
 
 Much enlarged, 7vii/i many additional Forms, including Precedents of Bills of Costs. 
 
 By eyre LLOYD, of the Inner Temple, Barrister- at-Law. 
 
 " A fourth edition of Mr. Lloyd's valuable treatise has just been published. Few branches of the law 
 
 affect so many and such itnportant interests as that which gives to private individuals compensation /or 
 property contpulsorily taken /or tlte purpose o/ public improvements. The questions which arise under 
 the different Acts 0/ Parliament no^v in/orce are very numcrons and difficult, and a collection o/decided 
 eases epitomised arid -well arranged, as t/tey are in Mr. Lloyd's work, cannot fail to be a welcome 
 addition to the library 0/ all wfu) are interested in landed property, whether as owners, land agents, 
 public officers or solicitors." — Midlanu Counties Herald. 
 
 " It is only a few months since we reviewed the | may add that the type and general appearance of 
 
 last edition of this useful work. Mr. Lloyd has, 
 in the present edition, added the cases which 
 have since been decided, and has given a complete 
 set of forms under the Artisans' and Labourers' 
 Dwellings Improvement Act, 1875. The recent 
 cases appear to have been carefully collected, the 
 only omission we have discovered being Re ifilnes 
 {24 W. R. 98), which should have been mentioned 
 under section 6g of the Lands Clauses Act. We 
 
 the volume are admirable." — Solicitors' Journal. 
 
 " It is with much gratification that we have to 
 express our unhesitating opinion that Mr. Lloyd's 
 treatise will prove thoroughly satisfactory to the 
 profession, and to the public at large. Thoroughly 
 satisfactory it appears to us in every point of 
 view — comprehensive in its scope, exhaustive in its 
 treatment, sound in its exposition." — Irish Law 
 limes. 
 
 ' In providing tlu legal profession with a book which contains the decisions of the Courts of Law and 
 f quity upon tlu various statutes relating; to the Law of Compensation, Mr. tyre Lloyd lias long since 
 left all competitors in the distance, and his book may now be considered the standard work upon the 
 subject. 'J he plan of Mr. Lloyd's book is generally kno7vn, ami its lucidity is appreciated ; the present 
 quite fulfils all tlie promises of the preceding editions, and contains in addition to other matter a com- 
 plete set of /ornts under the Artizans and I abourers Act, 1875, and specimens of Bills of Costs, which 
 will be found a novel feature, extremely useful to legal practitioners." — Justice of the Peace. 
 " The work is one of great value. It deals with of the compensation. All the statutes bearing on 
 
 a complicated and difficult branch of the law, and it 
 deals with it exhaustively. It is not merely a com- 
 pilation or collection of the statutes bearing on the 
 subject, with occasional notes and references. 
 Rather it may be described as a comprehensive 
 treatise on, and digest of, the law relating to the 
 compulsory acquisition and purchase of land by 
 public companies and muricipal and other local 
 authorities, and the difi'erent modes of assessment 
 
 the subject have been collated, all the law on the 
 subject collected, and the decisions conveniently 
 arranged. With this comprehensiveness of scope 
 is united a clear statement of principles, and prac- 
 tical handling of the points which are likely to be 
 contested, and especially of those in which the 
 decisions are opposed or differently understood."— 
 Local Government Chronicle. 
 
 In 8vo., 1875, price \2s., cloth, 
 
 THE LAW OF FIXTURES. 
 
 Third Edition, 
 Including the Law under the 
 
 AGRICULTURAL HOLDINGS ACT, 1875, 
 
 Incorporating the principal American Decisions, and generally bringing the law 
 
 down to the present time. 
 
 By ARCHIBALD BROWN, M.A. Edin. and Oxon, and B.C.L. Oxon, 
 
 OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, 
 
 " The decisions given since the second edition of 
 this work was published in the important cases 
 of Ex parte Daglish, in re Wilde, and Ex parte 
 Barclay, in re Joyce, and several other further 
 decisions of the Courts on the Law of Fixtures, 
 have rendered a third edition desirable. The author 
 has taken the opportunity to recast the general 
 form of his treatise. . . . We have already 
 adverted to the recent cases of Ex parte Dai;/ish, 
 in re H^ilde, and Ex parte Barclay, in re Joyce. 
 The author treats of them at some length ; and the 
 conclusicn at which he arrives is very important. 
 
 and claims the attention of legal draftsmen and 
 solicitors. 
 
 We have touched on the principal features of tiiiis 
 new edition, and we have not space for further 
 remarks on the book itself: but we may observe 
 th.it the particular circumstances of the cases cited 
 arc in all instances sufficiently detailed to make the 
 principle of law clear ; and though very many of the 
 principles given are in the very words of the judges, 
 at the same time the author has not spared to deduce 
 his own observations, and the treatise is commend- 
 able as well for originality as for laboriousness. " 
 — Law Journal.
 
 14 
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAE. 
 
 In one thick volume, 8vo., 1869, price 32j-., cloth, 
 
 THE LAW OF RAILWAY COMPANIES. 
 
 Comprising the Companies Clauses, the Lands Clauses, the Railways Clauses Consoli- 
 dation Acts, the Railway Companies Act, 1867, and the Regulation of Railways 
 Act, 1868; with Notes of Cases on all the Sections, brought down to the end of 
 the year 1868 ; together with an Appendix giving all the other material Acts 
 relating to Railways, and the Standing Orders of the Houses of Lords and 
 Commons ; and a copious Index. By Henry Godefroi, of Lincoln's Inn, and 
 John Shortt, of the Middle Temple, Barristers-at-Law. 
 " The title of this book is the best possible comes a mass of matter relating to the voluntary 
 
 explanation of its contents. Here we have all the 
 statutes affecting Railway Companies, with the 
 standing orders of Parliament, in a volume exqui- 
 sitely printed, and of most convenient size and 
 form. We have also, what in effect to the prac- 
 titioner is a complete manual of reference of all the 
 decided cases on Railway Law, together with an 
 index of so copious and accurate a nature, as to 
 render the discovery of every section and every 
 authority easy in the highest degree. . . . We find 
 pages of authorities on ' transfer of shares,' ' calls,' 
 'forfeiture of shares,' '.fc/. _/«.,'' Lloyd's bonds,' 
 'contracts by companies,' and 'dividends.' Then 
 
 and compulsory acquisition of lands by Railway 
 Companies, while the ' compensation ' cases stretch 
 over some fifty pages. So also under the third 
 statute, there are a dozen pages on the powers and 
 duties of Railway Companies in the construction of 
 their works, while the liability of the Companies as 
 carriers of passengers and goods is also elucidated 
 in the most elaborate style. The ' Rating of Rail- 
 ways ' adds several pages of authorities. . . . We 
 believe that we have said enough to show that this 
 book will prove to be of pre-eminent value to prac- 
 titioners, both before Parliamentary committees and 
 in the Courts of Law and Equity." — Law Journal. 
 
 MORIARTY ON 
 
 In 8vo., price is. 6d., 
 
 PERSONATION AND 
 
 AND THEIR TESTS. 
 
 DISPUTED IDENTITY 
 
 In a handy volume, crown 8vo., 1870, price 10s. 6d., cloth, 
 
 THE LAW OF SALVAGE, 
 
 As administered in the High Court of Admiralty and the County Courts ; with the 
 Principal Authorities, English and American, brought down to the present time ; 
 and an Appendix, containing Statutes, Forms, Table of Fees, etc. By Edwyn 
 Jones, of Gray's Inn, Barrister-at-Law. 
 " This book will be of infinite service to lawyers 
 
 practising in the maritime law courts and to those 
 
 engaged in shipping. In short, Mr. Jones's book 
 
 is a complete guide, and is full of information 
 upon all phases of the subject, tersely and clearly 
 written. It will be quite as useful to, as it is as 
 much needed by, the Ameftcan lawyer as the 
 English, because the salvage laws of America and 
 England are much alike, and Mr. Jones makes 
 constant reference to American authorities. The 
 book is all the more welcome because the sub- 
 ject upon which it treats is but little understood 
 except by a favoured few. Now, however, if in- 
 terested people remain ignorant it is their own 
 fault. Mr. Jones has treated a very compli- 
 cated and difficult subject in a simple and con- 
 cise manner, and his success is commensurate with 
 
 his simplicity of style." — Liverpool Journal oj 
 Coimnerce. 
 
 " An admirable treatise on an important branch 
 of jurisprudence is compiled by Mr. Edwyn Jones, 
 of Gray's Inn, Barrister-at-Law, who, in a compact 
 volume, gives us a very comprehensive statement of 
 ' The Law ol Salvage,' as administered in the High 
 Court of Admiralty and the County Courts ; with 
 the princip.1l authorities, English and American, 
 brought down to the present time, and an Appen- 
 dix containing statutes, forms, tables of fees. &c. 
 Mr. Jones has consulted a wide range of cases, 
 and systematised with much skill and clearness the 
 leading principles deducible from numerous judg- 
 ments and precedents, both here and in the United 
 States. His work is likely to become a text-book 
 on the law in question." — Daily News. 
 
 In 8vo., 1867, price is., sewed, 
 
 LLOYD'S BONDS; THEIR NATURE AND USES. 
 
 By Henry Jefferd Tarrant, of the Middle Temple, Barrister-at-Law. 
 
 In 8vo., 1870, price 7^. 6d., cloth, 
 
 THE HISTORY OF THE LAW OF TENURES OF LAND IN 
 ENGLAND AND IRELAND. 
 
 By W. F. Finlason, of the Middle Temple, Barrister-at-Law. 
 
 " Mr. W. F. Finlason has done good service in 
 publishing a concise, well-written history of the law 
 of tenures ot land in Ensrland and Ireland, with 
 particular reference to inheritable tenancy, lease- 
 hold tenure, tenancy at will, and tenant right. 
 
 Confining himself to the facts of legal history, he 
 has collected and presented, in an admirably com- 
 pact form, all the really useful information it con- 
 tains. " — Observer.
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAB. 15 
 
 lu 8vo., iSyy, price ys., cloth, 
 
 THE SUCCESSION LAWS OF 
 CHKISTIAN COUNTEIES, 
 
 WITH Sl'ECIAI. REFEKKNCE 1 
 
 THE LAW OF PRIMOGENITURE AS IT EXISTS 
 
 IN ENGLAND. 
 
 By eyre LLOYD, B.A., 
 
 OF THE INNER TEMPLE, H A R R I S T E R-A T-L A W. 
 
 Author of "■ The Laii> of Compc7isalion umier the La/uh Clauses Consolidation 
 
 Acts I' &^c. 
 
 " Mr. Lloyd has given us a very useful and compendious little digest of the laws of succession which 
 exist at the present day in the principal Stales of both Europe and America : and we should say it is a book 
 which not only every lawyer, but every politician and statesman, would do well to add to his library. — 
 Pall MaU Gazette. . . , , , . r .. u .», 
 
 " Mr. Eyre Lloyd compresses into little more than eighty pages a considerable amoiint ol matter both 
 valuable and interesting; and his quotations from Diplomatic Reports by the present Lord Lytton, and 
 other distinguished public servants, throw a picturesque light on a narrative much of which is necessarily 
 dry reading. We can confidently recommend Mr. Eyre Lloyd's new work as one of great practical 
 utility, if, indeed, it be not unique in our language, as a book of reference on Foreign Succession Laws. 
 — Laiu Magazine and Reviciv. , , , u u- c 
 
 " Mr. Eyre Lloyd has composed a useful and interesting abstract of the laws on the subject ot succes- 
 sion to property in Christian countries, with especial reference to the law of primogeniture in England. 
 He points out the error of supposing th.^t there is a general compulsory law of primogeniture in this 
 country. It is only in cases ofintestacy that this rule is imposed ; and though entails upon the eldest son 
 are to a limited extent permitted, the fact that landed property is sometimes retained in families for many 
 generations is mainly due to the natural desire of Engli>hmen to perpetuate land in their families. . . . . 
 Mr. Lloyd also shows that the compulsory division of property involves all the evils without any of the 
 advantages of a perpetual entail, inasmuch as it has a tendency to keep a constantly diminishing inherit- 
 ance perpetually in the members of the same family."— .iVi/;/>-(/(7y A"<^/<.^u. _ • • J 
 
 " This is a very useful little handy book on foreign succession law.s. It contains in an epitomised 
 form information which would have to be sought for through a great number of scattered authorities and 
 foreign law treatises, and will be found of great value to the lawyer, the writer, and the poutical 
 %V\iii<i.n\.." — Standard. 
 
 In a handy volume, 1876, price 5J., cloth, 
 
 RAILWAY PASSENGERS & RAILWAY COMPANIES: 
 
 By LOUIS ARTHUR GOODEVE, of the Middle Temple, 
 Barrister-at-Law. 
 
 " Mr. Goodcve's little book is a concise epitome of the Acts, Bye-laws, and Cases relating to passengers 
 and their personal luggage. It is clearly written, and the reader is able speedily enough to find any 
 point upon which he desires to inform himself." — Law "Joiinial. - . , , • i 
 
 " Mr. Goodeve has rendered a service to the public in making a digest of the law relating to railway 
 passengers, including the respective duties, rights, and liabilities of the Companies on the one hand and 
 passengers on the other, as laid down by the statutes and the decisions of the Superior Courts, ihe 
 various points are treated in a clear yet concise manner ; and it is to be hoped that this little work will 
 be widely studied so that people may know what are their rights, and take steps to maintain them. — 
 Saturday Ri^'icvj. ... , 
 
 " Alter reading the volume with great interest, we can only say that it is clear, compact,and accurate. 
 Passengers who want reliable information should consult this book." — Slieffield Post. ^ 
 
 By the same Author, in one volume royal 8vo., price 28j., 
 
 THE LAW OF EVIDENCE, 
 
 As Administered in England and applied to India. New Edition, with Supi^lemcnt ; 
 containing the Indian Evidence Acts, the Oaths Acts, and the Code of Criminal 
 Procedure so far as it relates to Evidence. By L. A. Goodeve, of the Middle 
 Temple, Barrister-at-Law, late Assistant Secretary to the Government of Benj^al 
 (Legislative Department). 
 
 *** The Supplement may be had separately, price Is. 6</.
 
 16 STEVENS & HAYKES, BELL YABD, TEMPLE BAB. 
 
 THE LAW OP CORPORATIONS. 
 
 In one volume of One Thousand Pages, royal 8vo., 1877, price 42s., cloth, 
 A TREATISE ON THE DOCTRINE OF 
 
 ULTRA VIRES: 
 
 BEING 
 
 An Investigation of the Principles which Limit the Capacities, Powers, and Liabilities of 
 
 ©01 potations, 
 
 AND MORE ESPECIALLY OF 
 
 JOINT STOCK COMPANIES. 
 
 SECOND EDITION. 
 
 By SEWARD BRICE, M.A., LL.D., London, 
 
 Of the Inner Temple, Barrister -at- Laiu. 
 
 REVIEWS. 
 
 " Despite its unpromisitig and cabalistic title, and tlie tech7iical nature of its subject, it has so 
 recojnmendcd itselj to the profession that a second edition is called /or wit kin three years from tlie first 
 publication ; and to this call Mr. Brice has responded with the present volume, the development of which 
 in excess of its predecessor is remarkable even in the annals of laix) books. Sixteen htendred new cases 
 have been introduced, and, instead of five hundred pages octavo, the treatise now occupies a thousand 
 very much larger pages. This increase in bulk is partly due to the incorporation with tlie English law 
 on tlie subject of the more important American and Colonial doctrines a)td decisions — a course ivhich ive 
 think Mr. Brice wise in adot>ting, since the judgments of Arnerican tribunals are constantly becoming 
 more fregjtently quoted and more respectftilly considered in our own courts, particularly on those novel 
 and absir7tse points of law for which it is difficult to fi?td dir-ect authority in English reports. In the 
 present spectilative times, anything relating to Joint-Stock Companies is of public iinportance, and the 
 points on which the constitution and operation of tliese bodies are affected by the doctrine of Ultra Vires 
 are just those which are most material to the interests of the shareholders andoftlie commjinity at large. 
 
 Some of the much disptcted questions in regard to corporations, on which legal opinion 
 
 is still divided, are particularly well treated. Thus zvith reference to the a7ithority claimed by the 
 Courts to restrain corporations or individuals from applying to Parliament for fresh poiuers in breach 
 of titeir express agreements or in derogation of private rights, Mr. Brice most elaborately and ably 
 reviews the cotiflicting decisions on this apparent interference with the rights of the subject, which 
 threatened at one time to bring the Legislature and the Courts into a collision similar to tltat which 
 
 followed on the ivell-knoivn case of Ashhy v. White Attother very difficult point on luJiich 
 
 Mr. Brice^s boo/c affords full and valuable information is as to the liability of Compatiies on contracts 
 entered into before theirfortnation by t/ie promoters, and subsequently ratified or adopted by tite Company, 
 
 and as to the claims of promoters tliemselves for services refidered to the inchoate Company The 
 
 chapter on t/te liabilities of corporations ex delicto for fraT,d and otli£r torts cofnmitted by their agents 
 within the region of their authority see77is to us remarkably well do/ie, reziiezving as it does all the latest 
 
 a>id s077iewliat co/itradictory decisions on the poi7it O71 the wliole, we co7isider Mr. Brice's 
 
 exhaustive work a valuable addition to tlie literature of the profession. — Saturday Review. 
 
 "The doctrine which forms the subject of Mr. book on the Law of Corporations. He has gone 
 
 Seward Brice's elaborate and exhaustive work is a 
 remarkable instance of rapid growth in modern 
 Jurisprudence. His book, indeed, now almost con- 
 stitutes a Digest of the Law of Great Britan and 
 her Colonies and of the United States on the Law 
 of Corporations — a subject vast enough at home, 
 but even more so beyond the Atlantic, where Cor- 
 porations are so numerous and so powerful. Mr. 
 Seward Brice relates that he has embodied a refer- 
 ence in the present edition to about 1,600 new 
 cases, and expresses the hope that he has at least 
 referred to ' the chief cases.' We should think 
 there can be few, even of the Foreign Judgments 
 and Dicta, which have not found their way into his 
 pages. The question what is and what is not Ultra 
 Vires is one of very great importance in commercial 
 countries like Great Britain and the United States. 
 Mr. Seward Brice h.as done a great service to the 
 cause of Comparative Jurisprudence by his new 
 recension of what was from the first a unique text- 
 
 far towards effecting a Digest of that Law in its 
 relation to the Doctrine of Ultra Vires, and the 
 second edition of his most careful and comprehen- 
 sive work may be commended with equal confidence 
 to the English, the American, and the Colonial 
 Practitioner, as well as to the Scientific Jurist." — 
 Law .Magazine and Review. 
 
 " It is the law of Corporations that Mr. Brice 
 treats of (and treats of more fully, and at the same 
 time more scientifically, than anj' work with which 
 we are acquainted) not the law of principal and 
 agent ; and Mr. Brice does not do his book justice 
 by giving it so vague a title." — Law Journal. 
 
 " A guide of very great value. Much information 
 on a difficult and unattractive subject has been 
 collected and arranged in a manner which will be 
 of great assistance to the seeker after the law on a 
 point involving the powers of a company." — Law 
 Jour/tal. (Review of First Edition.) 
 
 "On this doctrine, first introduced in the Common Law Courts in East Anglian Railway Co. v. 
 Eastern Co7tnties Railway Co. Bricr on Ultra Vikes may be read with advantage." — yudg7nent of 
 Lord Justice Bramwell in the Case of Evershcd \ . L. &^ N. IV. Ry. Co. (L. R., 3 Q. B. Div. 14I.)
 
 STEVENS & HAYNE8, BELL YABD, TEMPLE BAB. 
 
 17 
 
 In two volumes, royal 8vo., 1875, price 70J., cloth, 
 
 THE LA^V 
 
 RELATING TO 
 
 SHIPMASTERS AND SEAMEN. 
 
 THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS, 
 LIABILITIES AND REMEDIES. 
 
 By JOSEPH KAY, Esq., M.A., Q.C., 
 
 OF TRIN. COLL. CAMBRIDGE, AND OF THE NORTHERN CIRCUIT ; 
 
 SOLICITOR-GENERAL OF THE COUNTY PALATINE OF DURHAM; ONE OF THE JUDGES OF THE COURT OK 
 
 RECORD FOR THE HUNDRED OF SALFORD ; 
 
 AND AUTHOR OF "THE SOCIAL CONDITION AND EDUCATION OF THE PEOPLE 
 
 IN ENGLAND AND EUROPE." 
 
 CONT 
 
 PART I. — The Public Autho- 
 rities. 
 
 PART 11.— The Appointment, Cer- 
 tificates, ETC., OF THE MASTER. 
 
 PART III.— Duties and Respon- 
 sibilities OF THE Master. 
 
 PART IV.— The Master's Duties 
 and Powers with respect 
 TO the Cargo. 
 
 PART v.— Bills of Lading. 
 
 PART VI.— Stoppage in Tran- 
 situ. 
 
 PART VII.— When the Master 
 
 MAY MAKE THE OWNERS LIABLE 
 
 UPON HIS Personal Contracts. 
 
 ENTS. 
 
 PART VIII.— Hypothecation. 
 PART IX.— The Crew. 
 
 PART X.— PILOTS. 
 
 PART XI.— Passengers. 
 
 PART XII.— Collisions. 
 
 PART XIII.— Salvage. 
 
 PART XIV. — The M a s t e r' s 
 
 Remedies. 
 
 PART XV. — The Master's Lia- 
 bilities. 
 
 APPENDIX. 
 Forms, Rules, Regulations, &c. 
 
 REVIEWS OF THE WORK. 
 
 From the NAUTICAL MAGAZINE, July, 1875. 
 
 "The law-books of the present day are mostly of 
 two classes : the one written for lawyers, and only 
 to be, understood by them ; the other intended for 
 the use of non-professional readers, and generally 
 in the form of handy books. The first, in the 
 majority of cases, is of some benefit, if looked upon 
 merely as a compilation containing the most recent 
 decisions on the subject ; whilst the second only 
 aims, and not always with success, at popularising 
 some particular branch of legal knowledge by the 
 avoidance of technical phraseology. 
 
 "It is rarely that we find a book fulfilling the 
 requirements of both classes ; full and precise 
 enough for the lawyer, and at the same time intelli- 
 gible to the non-legal understanding. Yet tht t-wo 
 volumes by Mr. Kay on the law relating to ship- 
 masters and seamen will, we venture to say, be of 
 equal service to the captain, tlie lawyer, and the 
 Consul, in their respective capacities, and even of 
 
 interest to the public generally, written as it is in a 
 clear and interesting style, and treating of a subject 
 of such vast importance as the rights and liabilities 
 and relative duties of all, passengers included, who 
 venture upon the ocean ; more than that, we think 
 that any able-seaman might read that chapter on 
 the crew with the certainty of acquiring a clearer 
 notion of his own position on board ship. 
 
 " We can make no charge of redundancy or 
 omission against our author ; but if we were called 
 upon to select any one out of the fifteen parts into 
 which the two volumes are divided as being espe- 
 cially valuable, we should not hesitate to choose 
 that numbered three, and entitled ' The Voyage.' 
 There the master will find a succinct and compen- 
 dious statement of the law respecting his duties, 
 general and particular, with regard to the ship and 
 its freight from the moment when, on taking com- 
 mand, he is bound to look to the seaworthiness of
 
 18 
 
 STEVENS & HATNES, BELL TABD, TEMPLE BAB. 
 
 THE LAW RELATING TO SHIPMASTERS AND SEAIVIEN. 
 
 REVIEWS OF THE WORK-continued. 
 
 the ship, and to the delivery of her log at the final 
 port of destination. In Part IV. his duties are 
 considered with respect to the cargo, this being a 
 distinct side of his duplicate character, inasmuch 
 as he is agent of the owner of the cargo just as 
 much as the owner of the ship. 
 
 " Next in order of position come ' Bills of Lading ' 
 and ' Stoppage in Transitu.' We confess that on 
 first perusal we were somewhat surprised to find the 
 subject of the delivery of goods by the master given 
 priority over that of bills of lading ; the logical 
 sequence, however, of these matters was evidently 
 sacrificed, and we think with advantage to the 
 author's desire for unity in his above-mentioned 
 chapters on ' The Voyage.' That this is so is evi- 
 denced by the fact that after his seventh chapter 
 on the latter subject he has left a blank chapter 
 vnth the heading of the former and a reference 
 a'lfe. ' The power of the master to bind the owner 
 by his personal contracts,' ' Hypothecation,' and 
 
 ' The Crew,' form the remainder of the contents of 
 the first volume, of which we should be glad to have 
 made more mention, but it is obviously impossible 
 to criticize in detail a work in which the bare list of 
 cited cases occupies forty-four pages. 
 
 "The question of compulsory pilotage is full of 
 dfficulties, which are well summed up by Mr. Kay. 
 
 " In conclusion, we can heartily congratulate 
 Mr. Kay upon his success. His work everywhere 
 bears traces of a solicitude to avoid anything like 
 an obtrusive display of his own powers at the ex- 
 pense of the solid matter pertaining to the subject, 
 whilst those observations which he permits himself 
 to make are always of importance and to the point ; 
 and in face of the legislation which must soon take 
 place, whether beneficially or otherwise, we think 
 his book, looking at it in other than a professional 
 light, could scarcely have made its appearance at a 
 more opportune moment." 
 
 From the LIVERPOOL JOURNAL OF COMMERCE. 
 
 " ' The Law relating to Shipmasters and Seamen ' 
 — such is the title of a voluminous and important 
 work which has just been issued by Messrs. Stevens 
 and Haynes, the eminent law publishers, of London. 
 The author is Mr. Joseph Kay, Q.C., and while 
 treating generally of the law relating to shipmasters 
 and seamen, he refers more particularly to their ap- 
 pointment, duties, rights, liabilities, and remedies. 
 It consists of two large volumes, the text occupying 
 nearly twelve hundred pages, and the value of the 
 
 work being enhanced by copious appendices and 
 index, and by the quotation of a mass of authori- 
 ties. . . . TAe work vtust be an invaluable one 
 to ike shipowner, shipmaster, or consul at a foreign 
 port. The language is clear and simple, while the 
 legal standing of the author is a sufficient guarantee 
 that he writes with the requisite authority, and 
 that the cases quoted by him are decisive as regards 
 the points on which he touches." 
 
 From the LAW JOURNAL. 
 
 "The author tells us that for ten years he has 
 been engaged upon it. . . . Two large volumes 
 containing 1181 pages of text, 81 pages of appen- 
 dices, 98 pages of index, and upwards of 1800 cited 
 cases, attest the magnitude of the work designed 
 and accomplished by Mr. Kay. 
 
 " Mr. Kay says that he has 'endeavoured to 
 
 compile a guide and reference book for masters, ship 
 agents, and consuls.' He has been so modest as 
 not to add lawyers to the list of his pupils ; but his 
 •work will, we think, be -welcomed by lawyers •uuho 
 have to do with skipping transactions, almost as 
 cordially as it undoubtedly will be by those who 
 occupy, their business in the great waters." 
 
 In crown i2mo., 1876, price \2s., cloth, 
 
 A TREATISE 
 
 ON THE 
 
 LOCUS STANDI OF PETITIONERS AGAINST PRIVATE BILLS 
 IN PARLIAMENT. 
 
 TECII^ID EiDZTzonsr. 
 
 By JAMES MELLOR SMETHURST, Esq., of Trinity College, Cambridge, M.A., 
 and of the Inner Temple, Barrister- at- Law. 
 
 In imperial 8vo., price 3^. dd., 
 
 J^ D I O E S T 
 
 OF THE 
 
 ENGLISH AND INDIAN DECISIONS, Eeported in Yol. I., Parts 
 I. and IL, of the INDIAN JUKIST, during the Year 1877. 
 
 By EDMUND FULLER GRIFFIN, of Lincoln's Inn, Barrister-at-Law.
 
 STEVENS & HATNE8, BELL TASD, TEliFLE BAS. 19 
 
 In 8vo., 1876, price 75. 6(/., cloth, 
 
 ON THE COMPULSORY PURCHASE of the UNDERTAKINaS 
 
 OF COMPANIES BY CORPORATIONS, 
 
 Anci the practice in Relation to the Passage of Bills for Compulsory Purchase through 
 Parliament. By J. H. Balfour Browne, ol the Middle Temple, Barrister-at-Law ; 
 Author of "The Law of Rating," " The Law of Usages and Customs," &c., dec. 
 
 both by the promoters and opponents, and as this 
 was the first time in which the principle of com- 
 pulsory purchase was dclinitcly recognised, there 
 can be no doubt that it will long be regarded as a 
 
 " This is a work of considerable importance to all 
 Municipal Corporations, and it is hardly too much to 
 say that every member of these bodies should have 
 a copy bv him for constant reference. I'robably at 
 no very distant date the properly of all the exi^ting 
 gas and water companies will pass under municipal 
 control, and thereiore it is exceedingly desirable 
 that the principles and conditions under which such 
 transfers ought to be made should be clearly under- 
 stood. This task is made easy by the present volume. 
 The stimulus for the publication of such a work 
 was given by the action of the Parliamentary 
 Committee which last Session passed the preamble 
 of the ' Stockton and Middiesborough Corporations 
 Water Bill, 1876.' The volume accordingly con- 
 tains a full report of the case as it was presented 
 
 leading case. As a matter of course, many inci- 
 dental points of interest arose during the progress 
 of the case. Thus, besides the main question of 
 compulsory purchase, and the question as to whether 
 there was or was not any precedent for the Hill, the 
 questions of water compensations, of appeals from 
 one Committee to another, and other kindred sub- 
 jects were discussed. The^e are all treated at length 
 by the Author in the body of the work, which is 
 thus a complete legal compendium on the large 
 subject with which it sg ably deals." 
 
 In one volume, 8vo., 1875, price i8j., cloth, 
 
 THE PRACTICE BEFORE THE RAILWAY COMMISSIONERS 
 
 UNDER- THE REGULATION OF RAILWAYS ACTS, 1873 and 1874 ; 
 
 With the Amended General Orders of the Commissioners, Schedule of Forms, and Table 
 of Fees : together with the Law of Undue Preference, the Law of the Jurisdiction 
 of the Railway Commissioners, Notes of their Decisions and Orders, Precedents of 
 Forms of Applications, Answers and Replies ; and Appendices of Statutes and Cases. 
 
 By J. H. BALFOUR BROWNE, 
 
 Of the Middle Temple, Barrister-at-La-uj, and Registrar to the Railway Comrnissioners. 
 Mr. Browne's book is handy and convenient in ' i work of a man of capable legal attainrnents, and by 
 form, and well arranged for the purposes of refer- | official position intimate with his subject ; and we 
 ence'; its treatment of the subject is fully and | therefore think that it cannot fail to meet a real want 
 carefully worked out : it is, so far as weThave been | and to pi-ove of service to the legal profession and 
 able to test it, accurate and trustworthy. It is the I the public. — Law Magazine. 
 
 In one thick volume, 8vo., 1875, price 25^., cloth, 
 
 THE PRINCIPLES OF THE LAW OF EATING 
 
 OF 
 
 HEREDITAMENTS in tlie OCCUPATION of COMPANIES. 
 By J. H. BALFOUR BROWNE, 
 
 Of the Middle Temple, Barrister-at-Law ; Registrar to the Rail-way Commissioners. 
 
 "The tables and .specimen valuations which are 
 printed in an appendix to this volume, will be of 
 great service to the parish authorities, and to the 
 legal practitioners who may have to deal with the 
 rating of those properties which are in the occupa- 
 tion of Companies, and we congratulate Mr. Browne 
 on the production of a clear and concise book of 
 the system of Company Rating. There is no doubt 
 
 that such a work is much needed, and we are sure 
 that all those who are interested in, or have to do 
 with public ratine, will find it of great service. 
 Much .credit is therefore due to Mr. Browne for his 
 able treatise— a work which his experience as 
 Registrar of the Railway Commission peculiarly 
 qualified him to undertake." — Lata Magazine. 
 
 In 8vo., 1875. price ']s.6J., cloth, 
 
 THE LAW OF USAGES and CUSTOMS: 
 
 ^ pcactictil Hato '(Iract. 
 By J. H. BALFOUR BROWNE, 
 
 Of ike Middle Temple, Barrister-at-Law ; Registrar to the Railway Commissioners. 
 
 "We look upon this treatise as a valuable addition to works written on the Science of h^w."— Canada 
 Law Journal. ... i • j j 
 
 " As a tract upon a very troublesome department of Law it is admirable — the prmciples laid down are 
 sound, the illustrations are well cho-en, and the decisions and dicta are harmonised so far as possible, and 
 distinguished when necessary." — Irish Law limes. • i u 
 
 "As a book of reference we know of none so comprehensive dealing with this particular branch of 
 Common Law In this way the book is invaluable to the practitioner." — Lavi Magazine. 
 
 — — —^
 
 20 
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAE. 
 
 Now ready, in 8vo., 1878, price 6s., cloth. 
 
 THE LAW RELATING TO CHARITIES, 
 
 Especially with Reference to the Validity and Construction of 
 
 CHARITABLE BEQUESTS and CONVEYANCES. 
 
 BY 
 
 TEEDINAND M. WHITEFOED, of Lincoln's Inn, Barrister-at-Law. 
 
 "The Law relating to Charities by F. M. 
 Whiteford, contains a brief but clear exposition of 
 the law relating to a class of bequests in which the 
 intentions of donors are often frustrated by un- 
 acquaintance with the Statutory provisions on the 
 subject. Decisions in reported Cases occupy a 
 
 large portion of the text, together with the ex- 
 planations pertinent to them. The general tenor 
 of Mr. Whiteford's work is that of a digest of Cases 
 rather than a treatise, a feature, however, which 
 will not diminish its usefulness for purposes of 
 reference." — Law M asazine 0nd Review. 
 
 In 8vo., 1872, price 7^. dd., cloth, 
 
 AN EPITOME AND ANALYSIS 
 SAVIGNY'S TREATISE ON ObIiGATIONS IN ROMAN LAW. 
 
 By ARCHIBALD BROWN, M.A. 
 
 Edin. and Oxon and B.C.L. Oxon, of the Middle Temple, Barrister-at-Law. 
 
 " Mr. Archibald Brown deserves the thanks 
 of all interested in the science of law, whether 
 as a study or a practice, for his edition of 
 Herr von Savigny's great work on ' Obligations.' 
 Mr. Brown has undertaken a double task — the 
 translation of his author, and the analysis of his 
 author's matter. That he has succeeded in reducing 
 the bulk of the original will be seen at a glance ; 
 the French translation consisting of two volumes, 
 with some five hundred pages apiece, as compared 
 with Mr. Brown's thin volume of a hundred and 
 
 fifty pages. At the same time the pith of Von 
 Savigny's matter seems to be very successfully pre- 
 served, nothing which might be useful to the 
 English reader being apparently omitted. 
 
 " The new edition of Savigny will, we hope, be 
 extensively read and referred to by English lawyers. 
 If it is not, it will not be the fault of the translator 
 and epitomiser. Far less will it he the fault of 
 Savigny himself, whose clear definitions and accu- 
 rate tests are of great use to the legal practitioner." 
 — Law Jo7imal. 
 
 THE ELEMENTS OP ROMAN LAW. 
 
 In 216 pages 8vo. , 1875, price loj., doth, 
 
 A CONCISE DIGEST OF THE INSTITUTES 
 GAIUS and" JUSTINIAN, 
 
 With copious References arranged in Parallel Cobimns, also Chronological and 
 Attalytical Tables, Lists of Laws, d^c. ^'c. 
 
 Primarily designed for the Use of Students preparing for Examination at 
 Oxford, Cambridge, and the Inns of Court. 
 
 By SEYMOUR F. HARRIS, B.C.L.. M.A., 
 
 OF WORCESTER COLLEGE, OXKORD, AND THE INNER TEMPLE, BARKISTPR-AT-LAW ; 
 AUTHOR OF " UNIVERSITIES AND LEGAL EDUCATION." 
 
 '^Mr. Ha7-ris's digest ought to have vety great success among law students both in the 
 In7is oj Court and the Universities. His book gives evidence of praiseworthy accuracy 
 and laborious condensation" — Law Journal. 
 
 " This book contains a summary in English of the elements of Rotnan Laiv as contained 
 in the works of Gains and fustiniati, and is so arranged that the reader can at once see 
 what are the opinions of either of these t7uo writtrs on each poi?it. frotn the very exact 
 and cucurate references to titles and sections given he can at otue refer to the original 
 Writers. The coticise manner in which Air. Harris has arranged his digest will render 
 it most useful, not only to the students for whom it was originally tvritten, but also to those 
 pe7-sons who, though they hajje 7iot the time to wade through the larger treatises of Paste, 
 Sanders, Ortolan, and others, yet desire to obtain some knozvledge of Roman Lazv." — 
 Oxford and Cambridge Undergraduates' Journal. 
 
 " Mr. Harris deserves the credit of having produced an epitome which will be of service 
 to those numerous students who have no time or su^cient ability to analyse the Institutes for 
 themselves." — Law Times.
 
 WOSKS FOB LAW STITDENTS. 21 
 
 In one thick volume, 8vo., 1875, pnce 21s., cloth, 
 
 ENGLISH 
 
 CONSTITUTIONAL HISTORY. 
 
 ^esrgneb as a Ce^t-gooh for ^tubents mxH d3tbers. 
 
 BY 
 
 T. P. TASWELL-LANGMEAD, B.C.L., 
 
 Of Lincoln's Inn, Barrister-at-Law, late Vinerian Scholar in the University 
 of Oxford, and Tancred Student in Common Law. 
 
 Extracts from some Reviews of this Work : — ■ 
 
 "We think Mr. Taswell-Langmead may be congratulated upon having compiled an 
 elementary work of conspicuous merit." — Pall Mall Gazette. 
 
 " It bears marks of great industry on the part of the compiler, and is most completely 
 stocked with all the important facts in the Constitutional History of England, which are 
 detailed with much conciseness and accuracy, . . . and is very full and clear."— 6)><ff/a/c7r. 
 
 " For students of history we do not know any work which we could more thoroughly 
 recommend." — Law Times. 
 
 " It is a safe, careful, praiseworthy digest and manual of all constitutional history and 
 j la.vr."—GMe. 
 
 "For conciseness, comprehensiveness, and clearness, we do not know of a better 
 I modem book than Mr. Taswell Langmead's ' English Constitutional History.' "—Notes 
 I and Queries. 
 
 "The volume on English Constitutional History, by Mr. Taswell-Langmead, is exactly 
 what such a history should he."— Standard. 
 
 " As a text-book for students, we regard it as an exceptionally able and complete 
 work." — Law journal. 
 
 "Mr. Taswell-Langmead has endeavoured in the present volume to bring together 
 all the most prominent features in the Constitutional History of England, and explain 
 their origin and development. It is possible to gain from a hundred pages of Mr. Lang- 
 mead's work a knowledge of the growth and progress of the present system, which 
 elsewhere could only be obtained in many volumes." — IrisA Law Times. 
 
 "Mr. Taswell-Langmead has thoroughly grasped the bearings of his subject. It is, 
 however, in dealing with that chief subject of constitutional history — parliamentary 
 government — that the work exhibits its great superiority over its rivals." — Academy.
 
 22 
 
 WORKS FOR LAW STITDENTS. 
 
 Fourth Edition, in 8vo., 1878, price 25^., cloth, 
 
 THE PRINCIPLES OF EQUITY. 
 
 31nteiHjeD for x\}t Wi^t of »)tutieiit0 anti rl)e Profe00ian. 
 By EDMUND H. T. SNELL, 
 
 OF THE MIDDLE TBMPLE, BARRISTER-AT-LA W. 
 
 FOURTH EDITION. 
 
 TO V^HIICH IS ^A^nDHDEID 
 
 AN EPITOME OF THE EQUITY PRACTICE. 
 
 By ARCHIBALD BROWN, M.A. Edin. and Oxon., and B.C.L. Oxon., 
 of the Middle Temple, Barrister-at-Law j 
 
 Author of "A New Law Dictionary," "An Analysis of Savigny on Obligations," 
 and the "Law of Fixtures." 
 
 *^* This Work has become a Standard Class-Book i?t Eng/afid, Ireland, 
 India, and the Colonies. 
 
 REVIEWS. 
 
 " ' Snell's Equity,' as this work is so familiarly called, is a work which is probably known to students 
 of the law in all countries where the English language is spoken, and, as a matter of fact, no one who 
 attempts the study of Equity, can obtain areally proper insight into the science without a perusal, sooner 
 or later, of this book. In 1868 the 'Principles ot Equity ' appeared for the first time. Ever since that 
 date it has been the standard work on the subject. The Edition before us is the fourth that has appeared, 
 and from the many additions and improvements that are embodied in it, it will, we are convinced, quite 
 equal, if not increase, its hitherto well-deserved popularity. The present edition, unlike former ones, is 
 divided ijitn two Books. The first Book consists of the original ' Principles ' in form and style similar to 
 the editipr. first published by Mr. Snell, with the exception that some paragraphs have been entirely 
 re-written £.nd additions made to it, so as to bring it more in consonance with the existing state of the 
 law. In its general character this part of the work is not much altered from former editions, as the many 
 mindr errors and deficiencies have been corrected, while the language used, and the contents of the book 
 generally, have been worked up to the level of the new procedure introduced by the sweeping and 
 important legislation which has been effected during the last five years. To enter into a discussion on 
 the form, style, and method generally of this part ol the new edition would be a needless labour, as the 
 substance and language of former editions — now so well known — have been uniformly retained. The 
 second Book, comprising an ' Epitome of the Equity Practice,' is an entirely new addition to the original 
 work, and emanates from the pen of Mr. Archibald Brown, B.C.L., of Oxford, and of the Middle Temple, 
 Barrister-at-Law, who has handled his subject in an eminently able and satisfactory manner. This 
 ' Practice in Equity' embodies the whole procedure in its minutest details, and will, doubtless, be found 
 most serviceable to practitioners as well as to students. We have no doubt that the labours of 
 Mr. Brown will be most highly appreciated by the profession, as supplying a want that has now long been 
 felt. As a matter of fact, this 'Equity Practice' is a concise, but at the same time comprehensive, 
 summary of the whole of the Judicature Acts as far as procedure in the Chancery Division of the High 
 Court is concerned, while, as may be naturally supposed, it likewise embraces the greater part of the 
 practice in the three Common Law Divisions. The author commences with an explanation of the Courts, 
 — that is to say, the Original and Ai pellate Courts — having an equity jurisdiction, and also of the 
 jurisdiction itself. He then fully explains the mode of procedure, from the issue of the writ to the final 
 judgment or order. Who should be made parties to an action ; how the pleadings should be drawn, with 
 the times for delivery, &c. ; the nature of the evidence, and the form which it should take ; the different 
 modes of trial, and matters relating to the discontinuance of actions, are all clearly and ably explained ; 
 while other matters relating to Judgment, Execution, Proceedings in Chambers, motions and summonses, 
 are fully gone into. Leaving out of question the use which this part of the work will be to the 
 practitioner, there can be no doubt that to students the whole book will be as indispensable in the future 
 as it has been in the past ; and, as regards the second part, namely that portion of the work which relates 
 to Equity Practice, we have no doubt that a proper knowledge of it will enable a student to successfully 
 pass any examinations in the subject, whether it be at the Universities, at the Inns of Court, or in the 
 Hall of the Incorporated Law Society." — Oxford and Cambridge Undergraduate^ s Journal. 
 
 " We know of no better introduction to the Principles of Equity'' — 
 Canada Law Journal. 
 
 " It behoves every practitioner to know as much 
 as possible of equity with as little expense of time 
 as possible, and for this purpose we know of no 
 better work than Mr. Snell's. Counsel, attorney, 
 
 and student, will find it a useful, and especially a 
 safe guide in what it professes to teach." — Irish 
 Law Tunes.
 
 WORKS FOR LAW STITDENTS. 
 
 23. 
 
 In one volume, 8vo., 1874, price i8j., cloth, 
 
 PRINCIPLES OF CONVEYANCING. 
 
 AN ELEMENTARY WORK FOR THE USE OF STUDENTS. 
 
 By Henry C. Deane, of- Lincoln's Inn, Barrister-at-Law, sometime Lecturer to the 
 Incorporated Law Society of the United Kingdom. 
 
 " Mr. Deane is one of the Lecturers of the Incorporated Law Society, and in his elementary work 
 intended for the use of students, he embodies some lectures given at the hall of that society. It would 
 weary our readers to take them over the ground necessarily covered by Mr. Deane. The first part is 
 devoted to Corporeal Hereditaments, and the second to Conveyancing. The latter is prefaced by a very 
 interesting "History of Conveyancing," and for practical purposes the chapter (Ch. 2, Part II.) on 
 Conditions of Sale is decidedly valuable. The most recent legislation is handled by Mr. Deane in con- 
 nexion with the old law, the Judicature Act and the Vendor and Purchaser Act both being considered 
 in'this chapter on Conditions of Sale. We might make some interesting quotations, but the work is one 
 which those engaged in conveyancing should purchase and put on their shelves, and welcome it with the 
 recommendations which we have already recorded." — Law Times. 
 
 " We hope to see this book, like SnelPs Equity, a standard class-book in 
 all Law Schools where English law is taught." — Canada Law Journal. 
 
 "This is, as its author states, a purely elementary 
 work. It may indeed be called the A B C of con- 
 veyancing. In the clearest and simplest language 
 the student will find an outline, firstly, of the various 
 forms of ownership in land, and, secondly, of the 
 ordinary modes of conveyances used in transferring 
 such land from one person to another. The second 
 portion is founded upon lectures that were delivered 
 by the author at the Incorporated Law Society, and 
 is accordingly very clear and practical. The whole 
 work is very well and thoroughly done. Mr. 
 Deane has, we believe, succeeded in writing the 
 very simplest work ever published on the abstruse 
 subject of conveyancing ; and has by his language 
 and illustrations, explained points of law in a way 
 that cannot be misunderstood. For this reason, and 
 as being the most elementary work combining the 
 elements of real property law with the principles of 
 practical conveyancing, we can heartily recommend 
 it as a first book on the subject of which it treats. 
 As such we should think it would be both worthy 
 and suitable to be named as one of the books that 
 are required to be read as a preparation for the 
 various Law Examinations." — T)ie Law. 
 
 " We can confidently recommend Mr. Deane's 
 work on the ' Principles of Conveyancing.' It is 
 not exhaustive, and does not pretend to go fully into 
 the laws of trusts, powers, or remainders, but it fully 
 explains the several different legal and equitable 
 estates in land and the tenure of land, and the modes 
 of alienation used in conveyances inter vrvos SLXiii by 
 will. It also fully explains the meaning and valup 
 of the several parts of the conveyances, the cove- 
 nants, conditions, provisoes, exceptions and reser- 
 vations, habendums, and the proper form of recitals, 
 &C., &c. — a point frequently neglected in other and 
 more pretentious treatises. It contains excellent 
 
 chapters on purchase deeds, le.iscs, mortgages, 
 settlements, and wills ; and, in addition, Mr. Deane 
 treats of conditions of sale most fully and clearly. 
 It seems essentially the book for young convey- 
 ancers, and will, probably, in many cases supplant 
 Williams. It is, in fact, a modern adaptation of 
 Mr. Watkin's book on conveyancing, and is fully 
 equal to its prototype." — Irish Law Times. 
 
 "A general review of the scope of Mr. Deane's 
 volume and a perusal of several of its chapters 
 have brought us to the conclusion that, though its 
 contents are purely elementary, and it contains 
 nothing which is not familiar to the practitioner, 
 it may be extremely useful to students, and especially 
 to those gentlemen who are candidates for the 
 various legal examinations. There are so many 
 questions set now on case law that they would do 
 well to peruse this treatise of Mr. Deane's, and use 
 it in conjunction with a book of questions and 
 answers. They will find a considerable amount of 
 equity case law, especially in the second part ol 
 Mr. Deane's book, which comprises in substance 
 some lectures delivered by the author at the Law 
 Institution." — Law Journal. 
 
 " As Mr. Deane's work is addressed to the rising 
 generation of conveyancers, ' students entering 
 upon the difficulties of real property law,' it may be 
 presumed that he does not fear the immediate anni- 
 hilation of that noble science in its traditional forms 
 by any legislative changes. The first part of the 
 volume is composed of a series of chapters on cor- 
 poreal hereditaments, and the second part of some 
 lectures on conveyancing recently delivered by the 
 author at the Law Institution. It is enough to say 
 that Mr. Deane writes clearly and to the point." — 
 Saturday Review. 
 
 " Of all the elementary works on the Principles of Conveyancing which it has been our fcrtuure to 
 read, it is our opinion Mr. Deane's work is the clearest and best." — Sheffield Post.
 
 24 WOEKS FOE LAW STUDENTS, 
 
 In one volume, 8vo., 1876, price 20^'., cloth, 
 
 PRINCIPLES OF THE COMMON LAW. 
 
 INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. 
 
 By JOHN INDERMAUR, Solicitor, 
 
 AUTHOR OF "A MANUAL OF THE PRACTICE OF THE SUPREME COURT," 
 "epitomes of LEADING CASES," AND OTHER WORKS. 
 
 " This work, the author tells us in his Preface, is written mainly with a view to the 
 examinations of the Incorporated Laia Society ; but we think it is likely to attain a wider 
 usefulness. It seems, so far as we can judge from the parts we have examined, to be a 
 careful and clear outline of the principles of the co^nmon law. It is very readable ; and 
 not only students, but many practitioners and the public might benefit by a perusal of its 
 pages." — Solicitors' Journal. 
 
 " Mr. Indermaur has very clear notions of what a law student should be taught to 
 enable him to pass the examinations of the Incorporated Law Society. In this, his last 
 work, the law is stated carefully and accurately, and the book will probably prove 
 acceptable to students." — Law Ti77ics. 
 
 " Mr. Indermaur's book will doubtless be found a useful assistant in the legal pupil 
 room. The statements of the law are, as far as they go, accurate, and have been skilfully 
 reduced to the level of learners. Mr. Indermaur possesses one great merit of an instructor 
 — he is able to bring out the salient points on wide subjects in a telling manner."— Zaw 
 Journal. 
 
 " Mr. Indermaur has acquired a deservedly high reputation as a writer of convenient 
 epitomes and compendiums of various branches of the Law for the use of students. 
 Within the limits which the author has assigned to himself, he has certainly given proof 
 of praiseworthy industry, accuracy, and clearness of exposition, which cannot fail to be 
 of the greatest advantage to the law student. The practising solicitor will also find this 
 a very useful compendium. Care has evidently been taken to note the latest decisions 
 on important points of law. A full and well-constructed Index supplies every facihty 
 for ready reference." — Law Magazine. 
 
 " The works of Mr. Indermaur are the necessary outcome of the existing system of 
 legal education, and are certainly admirably adapted to the needs of students. We 
 observe that, in the preface to his Principles of the Common Law, the author announces 
 that he had a collateral object in view — viz., to produce a work useful to the practitioner. 
 To sessional practitioners, and those whose libraries are limited, we have no doubt that 
 this work will prove a useful acquisition ; but its special merit appears to us to be that 
 it most adequately achieves that which was the author's principal object — namely, to 
 supply a book upon the subject of Common Law which, whilst being elementary and 
 readable on the one hand, yet also goes sufficiently into the subject to prepare students 
 for examination. The author, who possesses a well-established reputation as a law 
 tutor, and as an able and indefatigable writer of books for students, certainly knows 
 precisely just what it is that students require, and that desideratum he has fully supplied. 
 We might suppose that the work itself was the didactic embodiment of the prize answers 
 to a voluminous code of examination questions on the subject of common law ; and 
 presenting, as it does, a lucid, careful, and accurate outline of the elementary principles 
 applicable to contracts, torts, evidence, and damages, such a work cannot fail to prove 
 abundantly useful to the student." — IrisA Law Times.
 
 W0EZ8 FOE LAW STUDENTS. 25 
 
 In 8vo., 1878, price ioj., cloth. 
 
 >1 MANUAL OF THE PRACTICE OF THE SUPREME COURT 
 
 OF JUDICATURE, 
 
 In the Queen's Bench, Common Pleas, Exchequer, and Chancery Divisions. Intended 
 for the use of Students. By John Indermaur, Solicitor. 
 
 " Intended for the use of students, this book is executed with that accurate knowledge and care which 
 distineuish Mr. Indermaur. It treats carefully of the steps to be taken in the several divisions, and in the 
 appendix is given a table of some of the principal times of proceedings. Not only the student but the 
 practitioner will find this little volume of uic."—Law Times. ........i .v. 
 
 " Mr Indermaur's treatise is addressed to the attention of students ; and what student but knows that 
 the name of that author is a guarantee of the utility of any work so presented? His Manual of Practice, 
 while avoiding unnecessary details, furnishes a concise but complete elementary view of the procedure in 
 the Chancery and Common Law Divisions of the High Court of Justice under the English Judicature 
 Acts; and certainly any examination on the subject must be very unreasonable that a student who has 
 mastered Mr. Indermaur's perspicuous reading on the practice could fail to pass, —/ns/t Law Iiinei. 
 
 Fourth Edition, in 8vo., 1877, price 6s., cloth, 
 
 AN EPITOME OF LEADING COMMON LAW CASES; 
 
 WITH SOME SHORT NOTES THEREON. 
 
 Chiefly intended as a Guide to "Smith's Leading Cases." By John Indermaur, 
 
 Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872). 
 
 " We have received the third edition of the ' Epitome of Leading Common Law Cases,' by Mr. Inder- 
 maur Solicitor. The first edition of this work was published in February, 1873, the second m April, 1874, and 
 now we have a third edition dated September, 1875. No better proof of the value of this book can be fur- 
 nibbed than the fact that in less than three years it has reached a third edition. —Law Journal., 
 
 Third Edition, in 8vo., 1877, price 6j., cloth, 
 
 AH EPITOME OF LEADING CON]/EyANCING AND 
 EQUITY CASES; 
 
 WITH SOME SHORT NOTES THEREON, FOR THE USE OF STUDENTS. 
 
 By John Indermaur, Solicitor, Author of "An Epitome of Leading 
 Common Law Cases." 
 "We have received the second edition of Mr. Indermaur's very useful Epitome of Leading Convey- 
 ancing and Equity Cases. The work is very well done."— Law Times . , . . . „ 
 
 " The Epitome well deserves the continued patronage of the class— Students — for whom it is especially 
 intended. Mr. Indermaur will soon be known as the ' Students' Friend.' "—Cattada Lanu Journal. 
 
 Second Edition, in 8vo., 1876, price 4^., cloth, 
 
 SELF -PREPARATION FOR THE FINAL EXAMINATION. 
 
 CONTAINING A COMPLETE COURSE OF STUDY, WITH STATUTES, 
 
 CASES, AND QUESTIONS ; 
 
 And intended for the use of those Articled Clerks who read by themselves. 
 
 By John Indermaur, Solicitor. 
 
 " In this edition Mr. Indermaur extends his counsels to the whole period from the intermediate 
 examination to the final. His advice is practical and sensible : and if the course of study he recommends 
 is intelligently followed, the articled clerk will have laid in a store of legal knowledge more than suflScient 
 to carry him through the final examination." — Solicitors' Journal. 
 
 " This book contains recommendations as to how a complete course of study for the above examination 
 should be carried out, with reference to the particular books to be read seriatim. We need only remark 
 that it is essential for a student to be set on the right tack in^is reading, and that any one of ordinary 
 ability, who follows the course set out by Mr. Indermaur, ought to pass with great credit."— i-aw Journal. 
 
 In 8vo., 1875, price 6j., cloth, 
 
 THE STUDENT'S GUIDE TO THE JUDICATURE ACTS. 
 
 AND THE RULES THEREUNDER : 
 
 Being a book of Questions and Answers intended for the use of Law Students. 
 By John Indermaur, Solicitor. 
 
 "As the result of the well-advised method adopted by Mr. Indermaur, we have a Guide which will 
 unquestionably be found most useful, not only to Students and Teachers for the purpose of examination, 
 but to anyone desirous of acquiring a first acquaintanceship with the new system." — /risA Law Times.
 
 26 
 
 WOBKS FOS LAW STITDENTS. 
 
 In one volume, 8vo., 1874, price 21s., cloth, 
 
 A NEW LAW DICTIONARY, 
 
 AND 
 
 ingititute of tije toijole Eaio ; 
 
 EMBRACING FRENCH AND LATIN TERMS, AND REFERENCES TO THE 
 AUTHORITIES, CASES, AND STATUTES. 
 
 By ARCHIBALD BROWN, 
 
 M, A. Edin. and Oxon., and B.C.L. Oxon., of the Middle Temple, Barrister-at-Law; Author 
 of the " Law of Fixtures," " Analysis of Savigny's Obligations in Roman Law," &c. 
 
 " Mr. Bro%vn has succeeded in the first essential, that of brevity. He has 
 compressed into a wonderfully small compass a great deal of matter. Our im- 
 pression is that the work has been carefully execiited." — SOLICITORS' JOURNAL. 
 
 " This work, laborious and difficult as it 
 was, has been admirably carried out, and 
 the work is really what it professes to be, 
 a complete compendium. An index to a 
 dictionary is a novelty, but from the excep- 
 tional nature of the contents an index was 
 likely to be most useful, and accordingly 
 Mr. Brown has prefixed to the book a co- 
 pious index by which a student can at once 
 turn to the main body of the work and 
 obtain the information he requires. Autho- 
 rities and cases are abundantly cited, and 
 Mr. Brown can claim with justice to call 
 his book an institute of the whole law." — - 
 Standard. 
 
 " In a modest preface Mr. Brown intro- 
 duces us to a rather ambitious work. He 
 has endeavoured to compress into less than 
 
 four hundred pages the whole law of Eng- 
 land, and has evidently bestowed much 
 pains on the execution of the task. He 
 does not, however, aim at anything higher 
 than rendering a service to students prepar- 
 ing for the Bar or for the lower branch of 
 the profession, and there can be no doubt 
 that he has produced a book of reference 
 which will be useful to the class he has had 
 in view. Mr. Brown has perhaps done 
 about as much as any one, not a rare 
 genius, could do, and his Dictionary will be 
 serviceable to those who are in want of hints 
 and references, and ai'e content with a 
 general idea of a law or legal principle. It 
 is a handy book to have at one's elbow." 
 — Saturday Review. 
 
 " This book has 7tow been for some time published, and we have had many 
 opportunities of referring to it. We find it an admirable Law Dictionary, and 
 something more, itias7nuch as it contains elaborate historical and antiquarian 
 analyses of our legal system under the several headings. The- student and the 
 literary man will find the book very tiseful in reading and writing. Indeed the 
 people who are not lawyers, but who nevertheless feel a desire or are under a 
 necessity to use legal terms, or who meet them in their course of study, cannot do 
 better thaji obtain a copy of this work and use it judiciously j they will thereby 
 be enabled to avoid the ludicrous errors into which novelists in particular, and 
 public speakers too, are often led by the inappropriate use of terms whose 
 meanings they do not perfectly comprehend.^'' — IRISH Law Times.
 
 WORKS FOR LAW STUDENTS. 27 
 
 In 8vo., 1877, price 20s., cloth, 
 
 PRINCIPLES OF THE CRIMINAL LAW. 
 
 INTENDED AS A LUCID EXPOSITION OF THE SUBJECT FOR THE USE 
 OF STUDENTS AND THE PROFESSION. 
 
 By SEYMOUR F. HARRIS, B.C.L., M.A., 
 
 Of Worcester College, Oxford, and the Inner Temple, Barrister-at-Law ; Author of 
 " A Concise Digest of the Institutes of Gains and Justinian." 
 
 REVIEWS. • 
 
 " There is no lack of Works on Criminal Law, hut there was room for such a useful 
 handbook of Principles as Mr. Seymour Harris has supplied. Accustomed, by his previous 
 labours, to the task of analysing the law, Mr. Harris has brought to bear upon his present 
 ■work qualifications well adapted to secure the successful accomplishment of the object ivhich 
 he had set before him. That object is not an ambitious one, for it does not pretend to soar 
 abroe utility to the young practitioner and the student. For both these classes, andjor the 
 yet wider class who tnay require a book of reference on the subject, Mr. Flarris has produced 
 a clear and convenient Epitome of the Law. A noticeable feature of Mr. Harris'' s work, 
 which is likely to prove of assistance both to the practitioner and the student, consists of a 
 Table of O fences, with their legal character, their pttniskment, and the statute under which 
 it is inflicted, together with a reference to the pages where a Statement of the Law will be 
 found."— Law Magazine and Review. 
 
 " Mr. Harris has undertaken a work, in our opinion, so much needed that he might 
 diminish its bulk in the next edition by obliterating the apologetic prefcue. The afpearaiue 
 of his volume is as well timed as its execution is satisfactofy. The author has shown an 
 ability of omission which is a good test of skill, and from the over-whelming mass of the 
 criminal law he has discreetly selected just so much only as a learner needs to kno70, and has 
 presented it in terms which render it capable of being easily taken into the mind. The first 
 half of the volume is devoted to indictable offences, which are defined and explained in 
 succinct terms ; the second half treats of the prevention of offences, the courts of criminal 
 jurisdiction, arrest, preliminary proceedings before magistrates, and modes of prosecution 
 and trial ; and a brief epitome of the laius of evidence, proceedings after trial, and summary 
 convictions, -with a table of offences, complete the book. The part on procedure will be found 
 particularly useful. Fcm young counsel, on their first appearance at sessions, have more than 
 a loose and general notion of the manner in which a trial is conducted, and often commit 
 blunders which, although trifling in kind, are nevertheless seriously discouraging and 
 annoying' to themselves at the outset of their career. From even suck a blunder as that of 
 mistaking the order in ivhich the speeches are made and 'vitnesses examined, they may 
 be saved by the table of instructions given here." — SOLICITORS' JOURNAL. 
 
 "This work purports to contain 'a concise exposition of the nature of crime, the various offences 
 punishable by the English law, the law of criminal procedure, and the law of summary convictions,' with 
 tables of offences, punishments, and statutes. At the first blush of the thing one might be tempted to ex- 
 claim: 'All this is well-trodden ground. What need, then, can there be of further text-books, treatises, 
 or reference-books?' Well, we think that a very slight examination of Mr. Harris's book will be sufficient 
 to show that the learned author has so treated his subject as to justify this addition to our stock 
 of criminal law books. We will put the matter in a very simple way. Every year there is a goodly array 
 of young men starting for assizes and sessions, full of hope and fairly stocked with knowledge of civil law. 
 The 'first brief is pretty sure to be a mild prosecution. But criminal law has not been a theme of instruc- 
 tion in the chambers of pleader or counsel, and the subject is not a familiar one, even after some prepara- 
 tion for the pass examination. In what book is the young barrister to look for a little help and instruction 
 before he starts on his campaign ? Now Mr. Harris ofi'ers to all this class of students a fair general view 
 of the criminal law of England in a style which is neither too condensed nor too discursive ; and he has 
 managed to have his book so well printed, with pages so neatly spaced, and such noble paper and 
 margins, that the reader is enticed to proceed with his task. The work is divided into four books. 
 Book I. treats of crime, its divisions and essentials ; of persons capable of committing crimes ; and of prin- 
 cipals and accessories. Book II. deals with offences of a public nature; otTcnccs against private 
 persons ; and oftences against the property of individuals. Each crime is discussed in its turn, with as 
 much brevity as could well be used consistently with a proper explanation of the legal characteristics of 
 the several offences. Book III. explains criminal procedure, including the jurisdiction of Courts, and 
 the various steps in the apprehension and trial of criminals from arrest to punishment. This part of the 
 work is extremely well done, the description of the trial being excellent, and thoroughly calculated to 
 impress the mind of the uninitiated. Book IV. contains a short sketch of 'summary convictions before 
 magistrates out of quarter sessions.' The table of oflTences at the end of the volume is most useful, and 
 there is a very full index. Altogether we must congratulate Mr. Harris on his adventure." — "Law Journal.
 
 28 WOBKS FOB LAW STTTDENTS. 
 
 In one volume, 8vo., 1878, price cloth. 
 
 LEADING STATUTES SUMMARISED, 
 
 FOR THE USE OF STUDENTS. 
 
 By ERNEST C. THOMAS, 
 
 Bacon Scholar of the Hon. Society of Gray's Inn, late Scholar of Trinity College, Oxford ; 
 Author of " Leading Cases in Constitutional Law Briefly Stated." 
 
 In 8vo., 1876, price 6s., cloth, 
 
 LEADING CASES IN CONSTITUTIONAL LAW 
 
 BRIEFLY STATED, WITH INTRODUCTION, EXCURSUSES, AND NOTES. 
 By ERNEST C. THOMAS, 
 
 Bacon Scholar of the Hon. Society of Gray's Inn, late Scholar of Trinity College, Oxford. 
 " Mr. E. C. Thomas has put together in a slim octavo a digest of the principal cases illustrating Con- 
 stitutional Law, that is to say, all questions as to the rights or authority of the Crown or persons under it, 
 as regards not merely the constitution and structure given to the governing body, but also the mode in 
 which the sovereign power is to be exercised. In an introductory essay Mr. Thomas gives a very clear 
 and intelligent survey of the general functions of the Executive, and the principles by which they are 
 regulated ; and then follows a summary of leading cases."— Saiurday Review. 
 
 "Mr. Thomas gives a sensible introduction and a brief epitome of the familiar leading cases." — 
 Law Times. 
 
 In 8vo., 1876, price 8j., cloth, 
 
 AN EPITOME OF HINDU LAW CASES, 
 
 AVITH SHORT NOTES THEREON, 
 
 And Inti-oductory Chapters on 
 
 SOURCES OF LAW, MARRIAGE, ADOPTION, PARTITION, AND 
 SUCCESSION. 
 
 By WILLIAM M. P. COGHLAN, 
 
 BOMBAY CIVIL SERVICE, JUDGE AND SESSIONS JUDGE OF TANNA. 
 
 " This interesting volume may briefly be described as an epitome of the principal decisions on Hindu 
 Law passed by all our High Courts. But it gives also a clear and intelligible history of the Hindu 
 customs of Marriage, Adoption, and Partition, with a disquisition on the sources of Hindu Law. in the 
 course of which the different authorities are marshalled, and their order of precedence and position in the 
 different schools of Hindu Law pointed out. Apart, altogether, from their professional value, these 
 introductory chapters are interesting to the layman, as presenting a series of curiously exact photographs 
 of every day Hindu life, which are further illustrated by the rulings of the various High Courts. We 
 have only space to direct the readers' attention to the chapters on marriage, and the cases cited, for we made 
 use of this text-book among others in discussing the Hindu marriage laws in our columns last year. Mr. 
 Coghlan is well known as the Judge and Session Judge of Tanna, and as one of the closest students of 
 Hindu life as well as of Hindu law. His volume is already a text-book to the students of Hindu law in 
 England, and should also find a welcome here from practitioners, and even, through the intrinsic interest 
 of the subject and the ability of treatment, from those general readers who may be interested in Indian 
 matters." — Times of India. 
 
 " Mr. Coghlan, Judge and Sessions Judge of Tanna, has prepared an epitome of some Hindoo law cases 
 as a guide to the law reports and to the standard text-books. Apart from its professional value, it presents a 
 curiojis picture of Hindoo customs and ideas on various subjects, such as marriage, family ties. &c."— 
 Saturday Review.
 
 STEVENS & HAYNES, BELL TABD, TEMPLE BAB. 29 
 
 Second Edition, in 8vo., 1875, 
 
 THE LAW AND PRACTICE UNDER THE COMPANIES ACTS 
 
 1862, 1867, 1870; 
 
 THE LITE ASSURANCE COMPANIES ACTS. 
 
 1S70, 1871, 1872 ; 
 
 AND OTHER ACTS RELATING TO JOINT STOCK COMPANIES, 
 
 Tojjether with Rules, Orders, and Forms, &c; &c. By H. Burton Buckley, M.A., of 
 Lincoln's Inn, Barrister-at-Law, and Fellow of Christ's College, Cambridge. 
 
 •^* In the preparation of the Second Edition the Reports have beeji carefully 
 re-searched, and numerous authorities added. Table A . of The Companies 
 Act, 1862, is now printed with Notes, in which many points not touched 
 upon in the First Edition are discussed. The authorities, including those 
 in the Albert and European Arbitrations, are brought down to the date 
 of publication. 
 
 EUROPEAN ARBITRATION. 
 
 Part I., price "js.dd., sewed, 
 
 LORD WESTBURTS DECISIONS. 
 
 Reported by Francis S. Reilly, of Lincoln's Inn, Barrister-at-Law. 
 
 ALBERT ARBITRATION. 
 
 Parts I., II., and III., price 25^., sewed, 
 
 LORD CAIRNS'S DECISIONS. 
 
 Reported by Francis S. Reilly, of Lincoln's Inn, Barrister-at-Law, 
 
 In 8vo., 1871, price 21^., cloth, 
 
 A TREATISE ON THE STATUTES OF ELIZABETH AGAINST 
 FRAUDULENT CONVEYANCES. 
 
 The Bills of Sale Registration Acts, and the Law of Voluntary 
 
 Dispositions of Property generally. 
 
 By H. W. MAY, B.A. (Ch. Ch. Oxford), and of Lincoln's Inn, Barrister-at-Law, 
 
 " This treatise has not been published before it 
 was wanted. The statutes of Elizabeth against 
 fraudulent conveyances have now been in force for 
 more than three hundred years. The decisions 
 under them are legion in number, and not at all 
 times consistent with each other. An attempt to 
 reduce the mass of decisions into something like 
 shape, and the exposition of legal principles in- 
 volved in the decisions, under any circumstances, 
 must have been a work of great labour, and we 
 are pleased to observe that in the book before us 
 there has been a combination of unusual labour 
 with considerable professional skill. . . . We can- 
 not conclude our notice of this work without saying 
 that it reflects groat credit on the publishers as well 
 as the author. The facilities afforded by Messrs. 
 Stevens and Haynes for the publication of treatises 
 by rising men in our profession are deserving of 
 all praise. We feel assured that they do not lightly 
 lend their aid to works presented for publication, 
 and that in consequence publication by such a firm 
 is to some extent a guarantee of the value of the 
 work published." — Canada Law Journal. 
 
 " Examining Mr. May's book, we find it con- 
 structed with an intelligence and precision which 
 render it entirely worthy of being accepted as a 
 guide in this confessedly difficult subject. The 
 subject is an involved one, but with clean and clear 
 handling it is here presented as clearly as it could 
 be. . . . On the whole, he has produced a very 
 useful book of an exceptionally scientific character." 
 — Solicitors' Journal. 
 
 " The subject and the work are both very good. 
 The former is well chosen, new, and interesting ; 
 the latter has the quality which always distin- 
 guishes original research from borrowed labours." 
 — American Law Review. 
 
 "We are happy to welcome his (Mr. May's) work 
 as an addition to the, we regret to say, brief cata- 
 logue of law books conscientiously executed. We 
 can corroborate his own description of his labours, 
 ' that no pains have been spared to make the book 
 as concise and practical as possible, without doing 
 so at the expense of perspicuity, or by the omission 
 of any important points. " — Law Times.
 
 30 STEVENS & HAYNES, BELL YARD, TEMPiE BAR. 
 
 In one volume, 8vo., 1875, piice 25^., cloth, 
 
 AN E SSAY 
 
 ON 
 
 THE RIGHTS OF THE CROWN 
 
 AND THE 
 
 PRIVILEGES OF THE SUBJECT 
 
 31n the ^ca ^botes of tH Eealm. 
 
 By Robert Gream Hall, of Lincoln's Inn, Barrister-at-Law. Second Edition. Revised 
 and corrected, together with extensive Annotations, and references to the later 
 Authorities in England, Scotland, Ireland, and the United States. By Richard 
 LovELAND LovELAND, of the Inner Temple, Barrister-at-Law. 
 This is an interesting and valuable book. It necessary to supplement it so largely by reference 
 
 treats of one of those obscure branches of the law 
 which there is no great inducement for a legal 
 
 writer to take up Mr. Hall, whose 
 
 first edition was issued in 1830, was a writer of 
 considerable power and method. Mr. Loveland's 
 editing reflects the valuable qualities of the ' Essay ' 
 itself. He has done his work without pretension, 
 but in a solid and efficient manner. The 'Sum- 
 mary of Contents ' gives an admirable epitome of 
 the chief points discussed in the 'Essay,' and 
 indeed, in some twenty propositions, supplies a 
 useful outline of the whole law. Recent cases are 
 noted at the foot of each page with great care and 
 accuracy, while an Appendix contains much valu- 
 able matter ; including Lord Hale's treatise Ve 
 Jure Maris, about which there has been so much 
 controversy, and Serjeant Merewether's learned 
 argument on the rights in the river Thames. The 
 book will, we think, take its place as the modern 
 authority on the subject." — Laiv Journal. 
 
 "The treatise, as originally published, was one of 
 considerable value, and has ever since been quoted 
 as a standard authority. But as time passed, and 
 cases accumulated, its value diminished, as it was 
 
 to cases since decided. A tempting opportunity 
 was, therefore, offered to an intelligent editor to 
 supply this defect in the work, and Mr. Loveland 
 has seized it, and proved his capacity in a very 
 marked manner. As very good specimens of anno- 
 tation, showing clear judgment in selection, we may 
 refer to the subject of alluvion at page 109, and the 
 rights of fishery at page 50. At the latter place he 
 begins his notes by stating under what expressions 
 a 'several fishery' has been held to pass, pro- 
 ceeding subsequently to the evidence which is 
 sufficient to support a claim to ownership of a 
 fishery. The important question under what cir- 
 cumstances property can be acquired in the soil 
 between high and low water mark is lucidly dis- 
 cussed at page 77, whilst at page 81 we find a 
 pregnant note on the property of a grantee of 
 wreck in goods stranded within his liberty. 
 
 "We think we can promise Mr. Loveland the 
 reward for which alone he says he looks — that this 
 edition of Hall's Essay will prove a most decided 
 assistance to those engaged in cases relating to the 
 foreshores of the country." — La-w Times. 
 
 " The etitire book is masterly." — Albany Law Journal. 
 
 In one volume, 8vo., 1877, price laj'., cloth, 
 A TREATISE ON THE LAW RELATING TO THE 
 
 POLLUTION AND OBSTRUCTION OF WATER COURSES; 
 
 Together with a Brief Summary of the Various Sources of Rivers Pollution. 
 By CLEMENT HIGGINS, M.A., F.C.S., 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 " As a compendium of the law upon a special 
 and rather intricate subject, this treatise cannot 
 but prove of great practical value, and more 
 especially to those who have to advise upon the 
 institution of proceedings under the Rivers Pollu- 
 tion Preventive Act, 1876, or to adjudicate upon 
 those proceedings when brought." — Irish Law 
 Times. 
 
 ) "We can recommend Mr. Higgins' Manual as 
 the best guide we possess." — P-uhlic Health. 
 
 " County Court Judges, Sanitary Authorities, 
 and Riparian Owners will find in Mr. Higgins' 
 Treatise a valuable aid in obtaining a clear notion 
 of the Law on the subject. Mr. Higgins has 
 accomplished a work for which he will readily 
 be recognised as having special fitness, on accoimt 
 
 of his practical acquaintance both with the scient ific 
 and the legal aspects of his subject." — La^u Maga- 
 zitie and Review. 
 
 " The volume is very carefully arranged through- 
 out, and will prove ol great utility both to miners 
 and to owners of land on the banks of rivers." — 
 T/te Mining Journal. 
 
 " Mr. Higgins writes tersely and clearly, while 
 his facts are so well arranged that it is a pleasure 
 to refer to his book for information ; and altogether 
 the work is one which will be found very useful 
 by all interested in the subject to which it relates." 
 — Engineer. 
 
 "A compact and convenient manual of the law 
 on the subject to which it relates." — Solicitors' 
 Journal.
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAE. 
 In 8vo., Third Edition (November), 1877, price 25/., cloth, 
 
 MAYNE'S TREATISE 
 
 LAW OF DAMAGES 
 
 (Lbirb 6i)ition.. 
 
 BY 
 
 JOHN D. MAYNE, 
 
 Of the Inner Temple, Barrister-at-Law ; 
 
 LUMLEy" SMITH, 
 
 Of the Inner Temple, Barristcr-at-Law. 
 
 31 
 
 •• Durinr the tweniyiivo yrars whkh have elapsed since the Publication of this well-kno^un work, its 
 reputation has been steadily grooving, and it lias Ion? since become the recognised authority on _the 
 important subject 0/ which it treats."— l.K\\ Magazine and Review. 
 
 "This edition of what has become a standard 
 work has the advantage of appearing urtder the 
 supervision of the original author as well as of 
 Mr. Lumley Smith, the editor of the second edition. 
 The result is most satisfactory. Mr. Lumley 
 Smith's edition was ably and conscientiously pre- 
 pared, and we are glad to find that the reader still 
 enjoys the benefit of his accuracy and learning. 
 At the same time the book has doubtless, been 
 improved by the reappearance of its author as co- 
 editor. The earlier part, indeed, has been to a 
 considerable extent entirely rewritten. 
 
 Upon the general principles, according to which 
 damages are to b<t assessed in actions of contract, 
 Hadley v. Baxendale (9 Ex. 341) still remains 
 the leading authority, and furnishes the text for 
 the discussion contained in the second chapter 
 of Mr. Mayne's book. Properly understood and 
 limited, the rule proposed in that case, although in 
 one respect not very happily worded, is a sound 
 one, and has been repeatedly approved both in 
 England and America. Damages may, according 
 to the judgment of the Court of Exchequer, be 
 recovered if they are such as " may fairly and 
 reasonably be considered as arising either naturally, 
 j>., according to the usual course of things from 
 the breach of contract itself, or such as may reason- 
 ably be supposed to have been in the contemplation 
 of both parties at the time they made the contract, 
 as the probable result of the breach of it." There 
 is no diflSculty as to the first alternative in principle, 
 although sometimes it may not be very easy to 
 estimate the amount of damage. But the second 
 alternative has given rise to much discussion, and 
 it may be doubted whether the rule so expressed is 
 of much service ; for, generally speaking, parties 
 contemplate the performance and not the violation 
 of their contracts. The class of cases which it is 
 intended to cover is that in which a contract is 
 made under special circumstances, and damages 
 which would not arise in the usual course of things 
 from a breach do arise from those circumstances. 
 If such circumstances are not known to the party 
 who breaks the contract, it is clear that he is not 
 liable. If they are known, then, according to 
 Hadley v. Baxendale, he would be liable, since the 
 resulting damage must be held within his contem- 
 plation, and so, iti that case, the natural consequence 
 of the breach. This proposition, however, must 
 now be taken with considerable modification. The 
 subsequent decisions, which are concisely summa- 
 rized by Mr. Mayne, have established that mere 
 knowledge of special circumstances is not enough, 
 unless it can be inferred from the whole transaction 
 
 that the contractor consented to become liable to 
 the extra damage. This limitation is obviously 
 just, especially in the case of persons, such as 
 common carriers, who have no option to refuse the 
 contract. Mere knowledge on their part of special 
 circumstances ought not, and, according to the dicta 
 of the judges in the Exchequer Chamber in Home 
 V. Midland Railway Company (21 W. R. 481, 
 L. R. 8 C. P. 131), would not involve the carrier in 
 additional responsibility. Mr. Mayne's criticism 
 of the numerous cases in which this matter has been 
 considered leaves nothing to be desired, and the 
 rules he deduces therefrom (pp. 32, 33) appear to us 
 to exhaust the subject. 
 
 Mr. Mayne's remarks on damages in actions of 
 tort are brief. We agree with him that in such 
 actions the courts are governed by far looser princi- 
 ples than in contracts ; indeed, sometimes it is 
 impossible to say they are governed by any princi- 
 ples at all. In actions for injuiies to the person or 
 reputation, for example, a judge cannot do more 
 than give a general direction to the jury to give 
 what the facts proved in their judgment required. 
 And, according to the better opinion, they may give 
 damages "for example's sake," and mulct a rich 
 man more heavily than a poor one. In actions for 
 injuries to property, however, "vindictive" or 
 " exemplary damages cannot, except in very rare 
 cases, be awarded, but must be limited, as in con- 
 tract, to the actual harm sustained. 
 
 The subject of remoteness of damage is treated 
 at considerable length by Mr. Mayne. and we notice 
 that much new matter has been added. Thus the 
 recent case of Riding v. Smith (24 W. R. 4S7, i 
 Ex. D. 91) furnishes the author with an opportunity 
 of discussing the well-known rule in Ward v. 
 IVeeks (7 Bing. 211) that injury resulting from the 
 repetition of a slander is not actionable. The rule 
 has always seemed to us a strange one, if a man is 
 to be made responsible for the natural consequences 
 of his acts. For every one who utters a slander 
 may be pt rfectly certain that it will be repeated. 
 
 It is needless to comment upon the arrangement 
 of the subjects in this edition, in which no alteration 
 has been made. The editors modestly express a 
 hope that all the English as well as the principal 
 Irish decisions up to the date have been included, 
 and we believe from our own examination that the 
 hope is well founded. We may regret that, warned 
 by the growing bulk of the book, the editors have 
 not included any fresh American cases, but we feel 
 that the omission was unavoidable. We should add 
 that the whole work has been thoroughly revised."— 
 Solicitors' Journal.
 
 82 
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 In 8vo., price 2s., sewed, 
 
 TABLE of the FOREiaN MEEOANTILE LAWS and CODES 
 
 in Force in the Principal States of EUROPE and AMERICA. By Charles 
 Lyon-Caen, Professeur agrege k la Faculte de Droit de Paris ; Professeur k 
 I'Ecole libre des Sciences politiques. Translated by Napoleon Argles, 
 Solicitor, Pans. 
 
 In one volume, demy 8vo., 1 866, price lor. 6d., cloth, 
 
 PRINCIPLES OF THE LAW OF STOPPAGE IN TRANSITU, 
 RETENTION, AND DELIVERY. 
 
 By JOHN HOUSTON, of the Middle Temple, Barrister-at-Law. 
 
 " We have no hesitation in saying, that we think 
 Mr. Houston's book will be a very useful accession 
 to the library of either the merchant or the lawyer." 
 — Soiicitors' Journal. 
 
 " We have, indeed, met with few works which so 
 
 successfully surmount the difficulties in the way of 
 this arduous undertaking as the one before us ; for 
 the language is well chosen, it is exhaustive of the 
 law, and is systematised with great method." — 
 American Law Review. 
 
 In 8vo., 1870, price ioj. dd., cloth, 
 A REPORT OF THE CASE OF 
 
 THE QUEEN v. GURNEY AND OTHERS. 
 
 In the Court of Queen's Bench before the Lord Chief Justice Cockburn. With an 
 Introduction, containing a History of the Case, and an Examination of the Cases 
 at Law and Equity applicable to it ; or Illustrating the Doctrine OF Com- 
 mercial Fraud. By W. F. Finlason, Barrister-at-Law. 
 
 " It will probably be a very long time before the 
 prosecution of the Overend and Gurney directors is 
 forgotten. It remains as an example, and a legal 
 precedent of considerable value. It involved the 
 immensely important question where innocent mis- 
 representation ends, and where fraudulent misrepre- 
 sentation begins. 
 
 " All who perused the report of this case in the 
 columns of the Times, must have observed the 
 remarkable fulness and accuracy with which that 
 
 duty was discharged, and nothing could be more 
 natural than that the reporter should publish a 
 separate report in book form. This has been done, 
 and Mr. Finlason introduces the report by one 
 hundred pages of dissertation on the general law. 
 To this we shall proceed to refer, simply remarking 
 before doing so, that the charge to the jury_ has 
 been carefully revised by the Lord Chief Justice." 
 — Law Times. 
 
 I2mo., 1866, price \os. 6d., cloth, 
 
 A TREATISE ON THE GAME LAWS OF ENGLAND & WALES: 
 
 Including Introduction, Statutes, Explanatory Notes, Cases, and Index. By John 
 Locke, M.P., Q.C., Recorder of Brighton. The Fifth Edition, in which are 
 introduced the GAME LAWS of SCOTLAND and IRELAND. By Gilmore 
 Evans, of the Inner Temple, Barrister-at-Law. 
 
 In royal 8vo., 1867, price ioj-. 6d., cloth, 
 
 THE PRACTICE of EQUITY by WAY of REVIVOR & SUPPLEMENT. 
 
 With Forms of Orders and Appendix of Bills. 
 By LoFTUS Leigh Pemberton, of the Chancery Registrar's Office. 
 
 "Mr. Pemberton has, with great care, brought 
 together and classified all these conflicting cases, 
 and has, as far as may be, deduced principles which 
 
 will probably be applied to future cases." — Soli- 
 citors' Journal. 
 
 In 8vo., 1873, price 5j., cloth, 
 
 THE LAW OF PRIORITY. 
 
 A Concise View of the Law relating to Priority of Incumbrances and of other Rights in 
 
 Property. By W. G. Robinson, M.A., Barrister-at-Law. 
 
 " Mr. Robinson's book may be recommended to I tioner with a useful supplement to larger and more 
 the advanced student, and will furnish the practi- I complete y/ipks."—Solicitors' Journal.
 
 STEVENS & HATNES, BELL YABD, TEMPLE BAR. 33 
 
 ELECTION LA TV^. 
 
 In crown 8vo., 1874, price 14J., cloth, 
 A MANUAL OF THE 
 
 PMCTICE OF PARLIAMENTARY ELECTIONS 
 
 Throughout Great Britain and Ireland. 
 
 COMPRISING 
 
 THE DUTIES of RETURNING OFFICERS and their DEPUTIES, 
 TOWN CLERKS, AGENTS, PULL-CLERKS, &c., 
 
 AND THE 
 
 fa&r of Election ^vpcnscs, Corrupt practices, k gllcgal |ianmcuts. 
 
 WITH 
 
 AN APPENDIX OP STATUTES AND AN INDEX. 
 
 By henry JEFFREYS BUSHBY, Esq., 
 
 One of the Metropolitan Police Magistrates, sometime Recorder of Colchester. 
 
 FOURTH EDITION, 
 
 Adapted to and embodying the recent changes in the La-w, including the Ballot Act, the 
 Instructions to Returning Officers in England and Scotland issued by the Home Office, 
 and the whole of the Statute Law relating tp the subject. 
 
 Edited by HENRY HARDCASTLE, 
 
 OF THB INNER TEMPLE, BARRISTER-AT-LAW. 
 
 "We have just received at a very opportune is known as one of the joint editors of O'Malley 
 
 moment the new edition of this useful work. We and Hardcastle's Election Reports, has done his 
 
 need only say that those who have to do with work well. . . . For practical purposes, as 
 
 elections will find ' Bushby's Manual ' replete with a handy manual, we can recommend the work 
 
 information and trustworthy, and that Mr. Hard- to returning officers, agents, and candidates ; and 
 
 castle has incorporated all the recent changes of I returning officers cannot dc better than distribute 
 
 the law." — Law Journal. | this manual freely amongst their subordinates, if 
 
 they wish them to under&taad their work." — Soli- 
 
 " As far as we can judge, Mr. Hardcastle, who ' citors' Jourftal. 
 
 A Companion Volume to the above, in crown Svo., 1874, price Sj., cloth, 
 
 THE LAW AND PRACTICE OF ELECTION PETITIONS, 
 
 With an Appendix containing, tlie Parliamentary Elections Act, 1S68, the General Rules 
 for the Trial of Election Petitions in England, Scotland, and Ireland, Forms of 
 Petitions, &c. By Henry Hardcastle, of the Inner Temple, Barrister-at-Law. 
 
 " Mr. Hardcastle gives us an original treatise I extremely useful, and he gives all the law and 
 
 with foot notes, and he has evidently taken very practice in a very small compass. In an Appendix 
 
 considerable p.iins to make his work a reliable is supplied the Act and the Rules. We can 
 
 guide. Beginning with the effect of the Election thoroughly recommend Mr. Hardcastle's book as a 
 
 Petitions Act, 1868. he takes his readers step by concise manual on (he law and practice of election 
 
 step through the new procedure. His mode of petitions." — Law Times. 
 
 treating the subject of 'particulars' will be found I 
 
 Now ready, Volume I., price 30J.; Volume II., price 24^.; 
 and Volume III., Part I., price 5.f. 
 
 REPORTS OF THE DECISIONS 
 
 OF THE 
 
 JUDGES FOR THE TRIAL OF ELECTION PETITIONS 
 
 IN ENGLAND AND IRELAND. 
 
 PURSUANT TO THE PARLIAMENTARY ELECTIONS ACT, ISGS. 
 
 By EDWARD LOUGHLIN O'MALLEY and HENRY HARDCASTLE.
 
 84 STEVENS & HAYNES, BELL TASD, TEMPLE BAB. 
 
 ^tcbciiiS ana %vjmi' ^tvki of J^rprtutsi of ti;c ©arlp i^eportcvsi. 
 
 SOME RARE LAW BOOKS. 
 
 [F)vm "The Albany Law Journal."] 
 
 " Law books are not generally things of beauty. There is nothing particularly grati- 
 fying to the esthetic department of the human organism in the conventional typography 
 and sheep-skin. Some of our publishers give considerable attention to the mechanical 
 execution of their books, and deserve and receive a good degree of credit therefor. But, 
 after all, their labours seldom please the eye. In most marked contrast to even the very 
 best of our books, are a series of law books that have been recently issued by Messrs. 
 Stevens & Haynes, of London. They are reprints of some of the scarcest of the Old 
 English Reports, and in their mechanical execution would delight the heart of Aldus 
 Manutius, Thuanus, or any other admirer of elegant editions. The black letter type of 
 the originals is faithfully reproduced, the curious old-style spelling and interchange of 
 letters have been closely followed, while the rich antique calf covers are, no doubt, 
 superior to anything that served to encase the original Reports. These editions have 
 been carefully prepared, and some of the volumes have been enriched with notes added 
 in MS. to some copy of the original by its learned owner generations ago. 
 
 "This enterprise of Messrs. Stevens & Haynes is a matter of universal interest, 
 and appeals to every lover of elegant books. The works which they have reproduced 
 are those which were the scarcest, and for copies of which the most exorbitant prices 
 were demanded. The following is a brief description of the matter of these volumes." 
 
 BELLEWE'S CASES, T. RICHARD U. 
 
 In 8vo., 1869, price 3/. 3^., bound in calf antique, 
 
 LES ANS DU ROY RICHARD LE SECOND. 
 
 Collect' ensembl' hors les abridgments de Statham, Fitzherbert, et Brooke. Per 
 Richard Bellewe, de Lincolns Inne. 1585. Reprinted from the Original 
 Edition. 
 
 " No public library in the world, where English 
 law finds a place, should be without a copy of this 
 edition of Bellewe." — Canada Law Journal. 
 
 "We have here a fac-simile edition of Bellewe, 
 and it is really the most beautiful and admirable 
 reprint that has appeared at any time. It is a 
 perfect gem of antique printing, and forms a most 
 interesting monument of our early legal history. 
 It belongs to the same class of works as the Year 
 Book of Edward I. and other similar works which 
 have been printed in our own time under the 
 auspices of the Master of the Rolls ; but is far 
 superior to any of them, and is in this respect 
 
 highly creditable to the spirit and enterprise of 
 private publishers. The work is an important link 
 in our legal history; there are no year books of the 
 reign of Richard II., and Bellewe supplied the only 
 substitute by carefully extracting and collecting all 
 the cases he could find, and he did it in the most 
 convenient form — that of alphabetical arrangement 
 in the order of subjects, so that the work is a digest 
 as well as a book of law reports. It is in fact a 
 collection of cases of the reign of Richard II., 
 arranged according to their subjects in alphabetical 
 order. It is, therefore, one of the most intelligible 
 and interesting legal memorials of the Middle 
 Ages." — Law Tunes. 
 
 CUNNINGHAM'S REPORTS. 
 
 In 8vo., 1 87 1, price 3/. y., calf antique, 
 
 Cunningham's (T.) Reports in K. B. , 7 to 10 Geo. II. ; to which is prefixed a Proposal 
 for rendering the Laws of England clear and certain, humbly offered to the 
 Consideration of both Houses of Parliament. Third Edition, with numerous 
 Corrections. By Thomas Townsend Bucknill, Barrister-at-Law. 
 
 " The instructive chapter which precedes the 
 cases, entitled ' A proposal for rendering the Laws 
 of England clear and certain,' gives the volume a 
 degree of peculiar interest, independent of the value 
 of many of the reported cases. That chapter begins 
 with words which ought, for the information of 
 every people, to be printed in let ters of gold. They 
 are as follows : ' Nothing conduces more to the 
 
 peace and prosperity of every nation than good 
 laws and the due execution of them.' The history 
 of the civil law is then rapidly traced. Next a 
 history is given of English Reporters, beginning with 
 the reporters of the Year Books from i Edw. III. 
 to 12 Hen. VIII. — being near 200 years — and after- 
 wards to the time of the author." — Canada Law 
 yournal.
 
 STEVENS & HAYNES, BELL YABD, TEMPLE BAE. 35 
 
 ^Ubmi antr ^amei' ^txieS of »rprtnW of tf)C early »cportci£<. 
 CHOYCE CASES IN CHANCERY. 
 
 In 8vo., 1870, price 2/. 2s., calf antique, 
 
 THE PRACTICE OF THE HIGH COURT OF CHANCERY. 
 
 With the Nature of the several Offices Ijelon^nng to that Cmirt. And tlie Reports of 
 many Cases wherein Releif hatli been there had, and where denyed. 
 "This volume, in paper, type, and binding (like " Bellew.;\ Cases ") is a faciimUe of the antique edition. 
 All who buy the one should buy the other." — Canada Laio Journal. 
 
 In Z\o., 1872, price 3/. 3'., calf antique, 
 
 SIR G. COOKE'S COMMON PLEAS REPORTS 
 
 In the Reigns of Queen Anne, and Kings George I. and 11. 
 
 The Third Edition, with Additional Cases and References contained in the Notes 
 taken from L. C. J. Eyre's MSS. by Mr. Justice Nares, edited by Thomas 
 TowNSEND BucKNiLL, of the Inner Temple, Barrister-at-Law 
 
 " Law books never can die or remain long dead 
 so long as Stevens and Hayncs are willing to con- 
 tinue them or revive them when dead. It is cer- 
 tainly surprising to see with what facial accuracy 
 
 an old volume of Reports may be produced by these 
 modern publishers, whose good taste is only equalled 
 by their enterprise." — Canada Law "Journal. 
 
 BROOKE'S NEW CASES WITH MARCH'S TRANSLATION. 
 
 In Svo., 1873, price 4/. 4^., calf antique, 
 
 Brooke's (Sir Robert) New Cases in the time of Henry VIII., Edward VI., and 
 
 Queen Mary, collected out of ]5rooke's Abridgment, and arranged under years, 
 
 with a table, together with March's (John) Translation ^/"Brooke's New Cases 
 
 in the time of Henry VIII., Edward VI., and Queen Mary, collected out of 
 
 Brooke'.s Abridgment, and reduced alphabetically under their proper heads and 
 
 titles, with a table of the principal matters. In one handsome volume. Svo. 1873. 
 
 " Both the original and the translation having I Stevens and Haynes have reprinted the two books 
 
 long been very scarce, and the mispaging and other [ in one volume, uniform with the preceding volumes 
 
 errors in March's translation making a new and 1 of the series of Early Reports."— Cawaala Law 
 
 corrected edition peculiarly desirable, Messrs. I Journal. 
 
 KELYNGE'S (W.) REPORTS. 
 
 In Svo., 1873, price 4/. 4.f., calf antique, 
 Kelynge's (^Yilliam) Reports of Cases in Chancery, the King's Bench, &c., from the 
 3rd to the 9th year of His late Majesty King George II., during which time Lord 
 King was Chancellor, and the Lords Raymond and Hardwicke were Chief 
 Justices of England. To which are added, seventy New Cases not in the First 
 Edition. Third Edition. In one handsome volume. Svo. 1873. 
 
 KELYNG'S (SIR JOHN) CROWN CASES. 
 
 In 8vo., 1873, price 4/. 4^., calf antique, 
 Kelyng's (Sir J.) Reports of Divers Cases in Pleas of the Crown in the Reign of King 
 Charles II., with Directions to Justices of the Peace, and others; to which are 
 added, Three Modern Cases, viz., Armstrong and Lisle, the King and Plummer, 
 the Queen and Mawgridge. Third Edition, containing several additional discs 
 never before printed, together with a Tre.vtise upon the Law and Proceed- 
 ings IN Cases ok High Treason, first pulilished in 1793. The whole carefully 
 revised and edited by Richard Loveland Loveland, of the Inner Temple, 
 Barrister-at-Law. 
 "We look upon this volume as one of the most good service rendered by Messrs. Stevens & Haynes 
 import.-int and v.iluable of the unique reprints of to the profession. . . Should occasion .inse, the 
 Messrs. Stevens and Haynes. Little do we know Crown prosecutor as well as counsel for the prisoner 
 of the mines of legal wealth that lie buried in the | will find in this volume a complete jW<r mecum of 
 old law books. Rut a careful examination, either of the l.-iw of high treason and proceedings in relaUon 
 the reports or of the treatise embodied in the volume | thereto."— Ca«<K/a Law Journal. 
 now before us, will give the reader some idea of the I
 
 36 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 ^tcfarn^ ants l?niinc^' ^cvieS at ^t^rintS of tfft early BrportfrsT. 
 
 SIR BARTHOLOMEW SH OWER'S PARLIAMENTARY OASES. 
 
 In 8vo., 1876, price 4/. 4^., best calf binding, 
 
 SHO WEE'S CASES IN PARLIAMENT 
 
 RESOLVED AND ADJUDGED UPON PETITIONS 
 AND WRITS OF ERROR. 
 
 FOUHTH EDITION. 
 
 COIO'TAZTflKrC ASSITION'il.Ii CASES lOrOT HITHERTO REPORTED. 
 
 REVISED AND EDITED BY 
 
 RICHARD LOVELAND LOVELAND, 
 
 Of the Inner Temple, Barrister-at-Law ; Editor of " Kelyng's Crown Cases," and 
 " Hall's Essay on the Rights of the Crown in the Seashore." 
 
 " Messrs. Stevens & Haynes, the successful publishers of the Reprints of Bellewe, 
 Cooke, Cunningham, Brookes' New Cases, Choyce Cases in Chancery, William Kelynge 
 and Kelyng's Crown Cases, determined to issue a new or fourth Edition of Shower's Cases 
 in Parliament. 
 
 "The volume, although beautifully printed on old-fashioned paper, in old-fashioned 
 type, instead of being in the quarto, is in the more convenient octavo form, and contains 
 several additional cases not to be found in any of the previous editions of the work. 
 
 " These are all cases of importance, worthy of being ushered into the light of the 
 world by enterprising publishers. 
 
 " Shower's Cases are models for reporters, even in our day. The statements of the case, 
 the arguments of counsel, and the opinions of the Judges, are all clearly and ably given. 
 
 " This new edition with an old face of these valuable reports, under the able editorship 
 of R. L. Loveland, Esq., should, in the language of the advertisement, ' be welcomed by 
 the profession, as well as enable the custodians of public libraries to complete or add to 
 their series of English Law Reports.' " — Canada Laiu Journal. 
 
 In 8vo., Fourth Edition, 1878, price 6^., cloth, 
 THE 
 
 MARRIED WOMEN'S PROPERTY ACT, 1870, 
 
 AND THE 
 
 Married Women s Property Act, i8yo, 
 Amendment Act, i8y^, 
 
 THEIR RELATIONS TO THE 
 
 DOCTEINE OF SEPARATE USE. 
 
 Mttj^ ^ppcutfiv of ^tattitr^ autJ dTormg. 
 By the LATE J. R. GRIFFITH, B.A. Oxon, 
 
 Of Lincoln's Inn, Barrister-at-Law. 
 
 FOURTH EDITION. 
 By W. GREGORY WALKER, 
 
 Of Lincoln's Inn, Barrister-at-Law ; Author of "A Manual of the Law of Partition," &c. 
 
 "The subject of this little treatise is one which is of every-day interest and practical 
 importance, and the public and practitioner will find in this edition a brief but pithy 
 statement of the laws, comprising the Acts themselves, and the Cases bearing upon their 
 construction."— Z(Z7£/ Times.
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAE. 37 
 
 THE 
 
 AND 
 
 QUARTERLY DIGEST OF ALL REPORTED CASES. 
 
 Price FIVE SHILLINGS each Number. 
 
 No. CCXVIH. (Vol. I, No. I. of the New Quarterly Series.) November, 1875. 
 No. CC.KIX. (Vol. I, 4th Series No. II.) February, 1876. 
 
 N.B. — These two Numbers are out of print. 
 
 No. CCXX. (Vol. I, 4tli Series No. III.) For May, 1876. 
 
 No. CCXXI. (Vol, I, 4th Series No. IV.) For August, 1876. 
 
 No. CCXXII. (Vol. 2, 4th Series No. V.) For November, 1876. 
 
 No. CCXXIII. (Vol. 2, 4th Series No. VI.) For February, 1877 
 
 No. CCXXIV. (Vol. 2, 4th Series No. VII.) For May, 1877. 
 
 No. CCXXV. (Vol. 2, 4th Series No. VIII.) For August, 1877. 
 
 No. CCXXVI. (Vol. 3. 4th Series No. IX.) For November, 1877. 
 
 1. The Doctrine of Continuous Voyages, as applied to Contraband of War and Blockade. By Sir 
 
 Travcrs Twiss, Q.C'., U.C.L. 
 
 2. On Jurisprudence and the Amendment of the Law. By the Hon. Lord Gifford (one of the Judges 
 
 01 the Court of Session). 
 
 3. Memoir of the late Lord Justice Mellish. By G. K. Rickards, Counsel to the Speaker. 
 
 4. Borough Extension. By J. H. Balfour Browne, Barrister-at-Law, Registrar to the Railway 
 
 Commission. 
 
 5. On the Obligation of Treaties. By Henry Richard, M. P. 
 
 6. Select Cases: Scotland. By Hugh Barcliy, LL.D., Sheriff-Substitute, Perth. 
 
 7. Judgment of the Court of Messina in the R.iiuford Appeal Case. 
 
 8. Legal Obituary of the Quarter. 
 
 9. Reviews of New Books. 
 
 10. Quarterly Digest of all Reported Cases. 
 
 Table of Cases. • 
 
 Index of Subjects. 
 
 No. eCXXVII. (Vol. 3, 4th Series No. X.) For February, 1878. 
 
 1. Albericus Gentilis on the Right of War. By Sir Travers Twiss, D.C.L., Q.C. 
 
 2. General Average and the Committee of Lloyd's. By Charles Clark, Q.C. 
 
 3. Curiosities of English Law. No. III. Usurious Contracts with Expectant Heirs. By Robert 
 
 Collier, M.A., Barristcr-at-Law. . 
 
 4. The Laws of War and the Institute of International Law. 
 
 5. The Block in the Common Law Divisions. By J. V. Vesy FitzGerald, B.A., Barrister-at-Law. 
 
 6. Law and Custom among the Southern Slavs. 
 
 7. The Evidence of Experts. By G. Broke Freeman, ^1..^., Barristcr-at-Law. 
 
 8. Select Cases : Scottish and Colonial. 
 
 9. "Legal Obituary of the Quarter. 
 
 10. Reviews of New Books. 
 
 11. Quarterly Digest of all Reported Cases. 
 Table of I'ases. 
 
 Index of Subjects. 
 
 No. CCXXVIII. (Vol. 3, 4th Series No. XI.) For May, 1878. 
 
 1. Codification and Leg.al Education. By Mr. Justice Markby (Supreme Court, Calcutta). 
 
 2. The Inclosure Acts and Common Rights. By Frederic Green, ALA., Barrister-at-Law. 
 
 3. Practical Legislation. By Francis Savage Rcilly, Barrister-at-Law. 
 
 4. On the Study of the Law. By Charles Clark, Q.C. 
 
 5. Criminal Procedure in Scotland : Its Lessons for England. By Alexander Robertson M.A. 
 
 Barrister-at-Law. 
 
 6. Parish Registers. By T. P. Taswell-Langmead, B.C.L., Barrister-at-Law. 
 
 7. Select Cases : Scottish. By Hugh Barclay, LL.D., Sheriff-Substitute, Perth. 
 
 8. Legal Obituary of the Quarter. 
 
 9. Reviews of New Books. 
 ID. Quarterly Notes. 
 
 n. Quarterly Digest of all Reported Cases. 
 Table of Cases. 
 Index of Subjects. 
 
 An Annual Subscription of 20s., paid in advance to the Publishers, will 
 secure the receipt of the LAW MAGAZINE, free by post, within the 
 United Kingdom, or for 24s. to the Colonies and Abroad.
 
 38 STEVENS & HAYNES, BELL YARD, TEMPLE BAK. 
 
 H I N D TJ Tj A.^W. 
 
 In One Vol., 8vo., 1878, price , cloth. 
 
 HINDU LAW AND USAGE. 
 
 By John D. Mayne, of the Inner Temple, Barrister-at-Law, Author of "A Treatise on 
 
 Daman-es," &c. 
 
 D TJ T CH TjJ^^JV. 
 
 CAPE OF GOOD HOPE. 
 
 Buchanan (J.), Index and Digest of Cases decided in the Supreme Court of the CAPE 
 OF GOOD HOPE, reported by the late Hon. William Menzies. Compiled 
 by James Buchanan, Advocate of the Supreme Court. In One Vol., royal 8vo., 
 2IS. cloth. 
 
 Reports of Cases decided in the Supreme Court of the CAPE OF 
 
 GOOD HOPE. Vols. I., II., & III. 1S68-70. Royal 8vo. 63^. 
 Vols. IV., parts i. to iii. 1873. ^S^''' 
 
 Menzies' (W.), Reports of Cases decided in the Supreme Couit of the CAPE OF 
 
 GOOD HOPE. Vol. I. and Vol. II., parts i. to iv. 5/. 
 Vol. III., parts i. to iv. 42s. 
 
 In Crown 8vo., price jxs. 6d., boards. 
 
 THE INTEODUCTION TO DUTCH JUEISPEUDENOE OF 
 
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 References to Van der Keesel's Theses and Schorer's Notes. Translated by 
 A. F. S. Maasdorp, B.A., of the Inner Temple, Barrister-at-Law. 
 
 In i2mo., price 10s. dd. 
 
 SELECT THESES on the LAWS of HOLLAND and ZEELAND. 
 
 Being a Commentary of Hugo Grotius' Introduction to Dutch Jurisprudence, and 
 intended to supply certain defects therein, and to determine some of the more 
 celebrated Controversies on the Law of Holland. By Dionysius Godefridus 
 VAN DER Keesel, Advocate, and Professor of the Civil and Modern Laws in 
 the Universities of Leyden. Translated from the original Latin by C. A. Lorenz, 
 of Lincoln's Inn, Barrister-at-Law. Second Edition, with a Biographical Notice 
 of the Author by Professor J. De Wal, of Leyden. 
 
 NEW ZEALAND. 
 
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 PRACTICAL STATUTES OF NEW ZEALAND. 
 
 WITH NOTES AND INDEX. 
 
 Edited by G. B. Barton, of the Middle Temple, Barrister-at-Law. 
 2 vols. 4to., 1S76-77. 5/. 5^-., calf. 
 
 THE NE W ZEALAND JUEIST. 
 
 NEW SERIES. 
 
 Journal and Law Reports, published Monthly. Subscription, 42s. per Annum. 
 
 Edited by G. B. BARTON, 
 
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 The Reports include all cases of importance argued and determined in the Court of 
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 The New Zealand Jurist is the only Legal Journal published in New Zealand. 
 Orders for the " Jurist " will be received by 
 
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 39 
 
 THE 
 
 §ar #xamiinttij)n Journal 
 
 No. 17. Price 2s. 
 
 E AS T E B, 1 8 7 8 . 
 
 CONTENTS :— 
 SUBJECTS OF EXAMINATION. 
 EXAMINATION PAPERS WITH ANSWERS. 
 
 Real and Personal Property. 
 
 Common Law. 
 
 Equity. 
 
 Roman Law. 
 LIST OF SUCCESSFUL CANDIDATES. 
 ACTS OF PARLIAMENT PASSED IN 1S77 OF 
 IMPORTANCE TO STUDENTS. 
 
 Edited by 
 
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 AND 
 
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 *^* // is intended in future to publish a Number of the Jojirnal after each 
 
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 " The f eventeenth number of this periodical takes 
 a new and improved form. For the future a 
 number, containing the questions and answers set 
 at each examination for call at the Bar, will be 
 issued immediately the examination is concluded. 
 The answers given, in the journal before us, to the 
 questions set at the examinations held last month, 
 
 are most accurate, and will be found of the greatest 
 value to future candidates. In addition to the 
 examination questions alluded to, other information 
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 and Cambridge U nder^aduates' Jourttal. 
 
 In 8/0., 1 87 8, price 5^., cloth. 
 
 A SUMMARY OF JOINT STOCK 
 COMPANIES' LAW. 
 
 T. EUSTACE SMITH, 
 
 Student of the Inner Temple. 
 
 "The author of this handbook tells us that, when 
 an articled student reading for the final examina- 
 tion, he felt the want of such a work as that before 
 us, wherein could be found the main principles of 
 law relating to jomt-stock companies. . . . Law 
 students may well read it ; for Mr. Smith h.ts very 
 wisely been at the pains of giving his authority for 
 all his statements of the law or of practice, as applied 
 to joint-stock company business usually transacted 
 in solicitors' chambers. In fact, Mr. Smith h.is 
 by his little book offered a fresh inducement to 
 students to make themselves — at all events, to some 
 
 extent — acquainted with company law as a separate 
 branch of study." — Lmu Times. 
 
 " The>e pages give, in the words of the preface, 
 'as briefly and concisely as possible, a general 
 view both of the principles and practice of the law 
 affecting companies.' The work is excellently 
 printed, and authorities are cited ; but in no case 
 is the very language of the statutes copied. The 
 plan is good, and shows both grasp and neatness ; 
 and, both amongst students and laymen, Mr. 
 Smith's book ought to meet a ready sale." — Law 
 yottrnal.
 
 40 STEVENS & HAYNES, BELL YAKD, TEMPLE BAR. 
 
 BIBIilOTHECA LEGUM. 
 
 In l2mo. (nearly 400 pages), price is., clotli, 
 
 /^ CATALOGUE OF LAW BOOKS. 
 
 Including all the Reports in the various Courts of England, Scotland, and Ireland ; with 
 a Supplement to January, 1878. By Henry G. Stevens and Robert W. 
 Haynes, Law Publishers and Booksellers ; Exporters of Law and Miscellaneous 
 Literature ; Foreign and Colonial Literary Agents, &c. &c. 
 
 In small 410., price 2s., cloth, beautifully printed, with a large margin, for the 
 special use of Librarians, 
 
 A CATALOGUE OF THE REPORTS 
 
 IN THE VARIOUS COURTS OF THE 
 
 UNITED KINGDOM of GREAT BRITAIN and IRELAND, 
 
 Etc., Etc. 
 ARRANGED BOTH in ALPHABETICAL and CHRONOLOGICAL ORDER. 
 
 By STEVENS & HAYNES, 
 
 Law Ftibliskers. 
 
 In royal 8vo., 1872, price 28j-.,, cloth, 
 AN IKDEX TO 
 
 TEN THOUSAND PRECEDENTS in CONVEYANCING. 
 
 AND TO 
 
 COMMON AND COMMERCIAL FORMS. 
 
 Arranged in Alphabetical order with Subdivisions of an Analytical Nature ; together 
 with an Appendix containing an Abstract of the Stamp Act, 1 870, with a Schedule 
 of Duties ; the Regulations relative to, and the Stamp Duties payable on. Probates 
 of Wills, Letters of Administration, Legacies, and Successions. By Walter 
 Arthur Copinger, of the Middle Temple, Barrister-at-Law, Author of "The 
 Law of Copyright in Works of Literature and Art. " 
 
 " We cannot close this review of Mr. Copinger's i successfully elaborated the work designed by com- 
 
 publication better than with the apt quotation with ! bining a perspicuous order of arrangement with a 
 
 which he inaugurates it: 'Knowledge is of two \ most exhaustive table of contents, and most copious 
 
 kinds ; we know a subject ourselves, or we know | references to precedents. The Index is arranged 
 
 where we can find information upon it.' 1 in alphabetical order, with subdi% isions of an analy- 
 
 " Mr. Copinger has not only designed an Index tical nature, the latter being made throughout sub- 
 
 which cannot fail to be of practical use, but has I servient to the former." — Law Jourtial. 
 
 In 8vo., 1871, price ^s.., cloth, 
 
 THE LAW OF NEGLIGENCE. 
 
 Illustrated by the Recent Decisions of the Courts of the Lhiited Kingdom and America. 
 
 By Robert Campbell, Advocate of the Scotch Bar, and of Lincoln's Inn, 
 
 Barrister-at-Law. 
 
 In this Essay, the Author reviews old principles in the light of recent decisions ; combining 
 the point of view of the practitioner — noting the latest phase of judicial opinion ; 
 with the attempt to digest and harmonize the law, so that (if possible) new decisions 
 may seem to illustrate old and familiar principles, or that the extent and direction 
 of the change introduced by each decision may be correctly estimated. 
 
 " I would also refer to some ingenious remarks 1 is about to devote his attention to other subjects, 
 
 as to the misapplication of the term ' ^ross neg- which, from the success of his first attempt, we 
 
 ligence' which arc to be found in a very good book 1 shall expect to see him elucidate considerably. If 
 
 — Campbell's Law of Negligence." — Mr. Justice however, he should ever find time to expand this 
 
 IVilles in the case of " O ppenheim v. White Lion tract on the Law of Negligence into a complete 
 
 Hotel Co." treatise, we shall expect to find it one of the most 
 
 "We presume from this being stj'led the first of I .■satisfactory text-books on English law." — Solicitors' 
 
 a series of practical Law Tracts, that Mr. Campbell I Jojirnal.
 
 STEVENS & HAYNES, BELL YAED, TEMPLE BAH. 41 
 
 Second Edition in one volume of \,QQO pages, royal Svo., price 50J., cloth, 
 
 ]? E ]V[ 33 E E T O ISr 
 
 ON 
 
 JUDGMENTS AND ORDERS. 
 
 A TREATISE UPON THE JUDGMENTS, DECREES 
 AND ORDERS 
 
 OF THE COURT OF APPEAL AND HIGH COURT OF JUSTICE, 
 
 Chiefly in reference to Actions assigned to the Chancery Division. 
 
 WITH COMPLETE FORMS OF ORDERS. 
 
 ^cconti (Stiition, consibcrabln enIargcU> 
 By LOFTUS LEIGH PEMBERTON, 
 
 ■ One of the Registrars of the Supreme Court of Judicature ; 
 Author of " The Practice in Equity by way of Revivor and Supplement." 
 
 REVIEWS OF THE FIRST EDITION. 
 
 "This is a work with an unpretending title, which in reality contains much more than would naturally 
 be inferred from its title page. . . . Tlie work before us contains, not only a copious and well-selected 
 assortment of precedents, taken in every instance from orders actually made (and with proper references 
 to the reports in all instances of reported cases), but also a series of notes, in which the result of the 
 leading cases is succinctly given in a highly-convenient, though somewhat fragmentary, form; by the 
 light of which the practitioner will, in all ordinary cases, be easily able to adapt the opposite precedsnt 
 to the general circumstances of his own case. We consider the book one of great merit and utility, and 
 we confidently recommend it to the consideration of the Profession." — Solicitors' Journal. 
 
 " This volume, Mr. Pemberton tells us, is the result of labour commenced so long ago as 1869. It has 
 had the benefit, therefore, of patient care, and patience and care having been backed up by extensive 
 knowledge and keen discrimination, a work has been produced which, whilst it is not likely to bring its 
 author any high reward, must permanently record his name in legal literature, and prove to the Profession 
 and the Bench a very decided acquisition. 
 
 " Mr. Pemberton has digested the cases without expressing any opinion as to their soundness or applica- 
 bility—not giving head notes, as too many text writers ate fond of doing, without taking the trouble to 
 consider whether the' reporter has correctly epitomised the case, but stating in a few words the effect of 
 each decision. This makes the work a compendium of case law on the various subjects comprehended in 
 it. How comprehensive it is we find it impossible accurately to represent to our readers without setting 
 out the table of contents. \Vc have looked through it more than once; we have carefully examined the 
 citations, and we have formed the very highest opinion of the plan of the work and its execution, 
 and we feel that Mr. Pemberton has placed the entire profession under a lasting obligation."— Z,<i7t; Times. 
 
 " A somewhat ha.sty investigation of the book has disclosed evidence of the conscientious labour, regard 
 for accuracy, comprehensiveness, and practical aim of the Author. At this transitional period, Mr 
 Pemberton's work must prove of great value to the Practitioner in both branches of the Profession, 
 harmoniously combining, as it does, those portions of the Old Procedure in Chancery left unaffected by 
 the Judicature Acts and Rules, with that large portion of the New Procedure which the Acts and Rules 
 have, without ambigviity, demonstrated." — La2u Magazine and Revinu. 
 
 " The operation of the Judicature Acts, with the new rtiles and orders, not only made an opportunity for, 
 but even necessitated, a new publication of forms of judgments and orders. We may safely say that Mr. 
 Loftus Leigh Pemberton's work, in our opinion, should take its rank among the most valuable publications 
 that have been issued of late. 
 
 " Mr. Pemberton's position as one of the registrars of the Supreme Coiirt of Judicature would of itself 
 be a guarantee of the genuineness and correctness of his precedents. The title indicates that his work 
 contains forms of judgments and orders of the Court of Appeal and High Court of Justice, though we 
 must explain that these arc chiefly in reference to actions assigned to the Chancery Division, but the 
 scope of the book goes far deeper and wider than its title would intimate ; the forms, indeed, are very 
 numerous and comprehensive, all such as are likely to be used in the ordinary practice of the Chancery 
 Division being embodied ; but beyond these, and subjoined thereto, the rules and orders with explanatory 
 notes, and the supplementary treatises on the practice, backed up, in all cases where .authorities are needed, 
 by citation of such authorities, compose in themselves a work of paramount importance and of universal 
 utility. A very superficial perusal will satisfy the practitioner that not only all such matters of practice as 
 he CDuld reasonably have expected to be embraced in a book of this kind are comprised therein, but also 
 that nothing which ought to have foimd place therein is omitted. The ordinary forms of judgments and 
 orders, the nucleus of the book, have in most cases been settled and approved by the judges ; still there is 
 plenty of original matter in this book, and the industry displayed and the amount of knowledge of practice 
 embodied are worthy of the highest encomium. Mr. Herbert Jackson, of the Chancery Registrar's office, 
 deserves a few words of commendation for an admir.ible index to the work — a feature of the utmost 
 importance." — Law Journal.
 
 42 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 In one volume, 8vo., 1877, price i6j-., cloth, 
 
 A CONCISE TREATISE ON THE STATUTE LAW 
 
 OF THE 
 
 LIMITATIONS OF ACTIONS. 
 
 With an Appendix of Statutes, Copious References to English, Irish, and American Cases, 
 and to the French Code, and a Copious Index. 
 
 By henry THOMAS BANNING, M.A., 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 " In this work Mr. Banning has grappled with one of the most perplexing branches of our statute law. 
 The law, as laid down by the judicial decisions on the various Statutes of Limitations, is given in thirty- 
 three short chapters under as many headings, and each chapter treats of a sub-division of one of the main 
 branches of the subject ; thus we have ten chapters devoted to real property. This arrangement entails a 
 certain amount of repetition, but is not without its advantages, as the subject of each chapter is tolerably 
 exhaustively treated of within the limits of a few pages. We think that in this respect the author has 
 exercised a wise discretion. So far as we have tested the cases cited, the effect of the numerous decisions 
 appears to be accurately given — indeed, the author has, as we are informed in the preface, ' so far as is 
 consistent with due brevity, employed the ifrsissima verba of the tribunal ;' and the cases are brought down 
 
 to a very recent date The substance of the book is satisfactory ; and we may commend it 
 
 both to students and practitioners." — Solicitors' JournaL 
 
 "Mr. Banning's 'Concise Treatise' justifies its title. He brings into a convenient compass a general 
 view of the law as to the limitation of actions as it exists under numerous statutes, and a digest of the 
 principal reported cases relating to the subject which have arisen in the English and American courts." — 
 Saturday Review. 
 
 " Mr. Banning has adhered to the plan of printing the Acts in an appendix, and making his book a 
 running treatise on the case-law thereon. The cases have evidently been investigated with care and 
 digested with clearness and intellectuality." — Laiv Journal. 
 
 In 8vo., 1876, price 8^-., cloth, 
 
 THE TRADE MARKS REGISTRATION ACT, 1875, 
 
 And the Rules thereunder ; THE MERCHANDISE MARK.S ACT, 1862, with an 
 Introduction containing a SUMMARY OF THE LAW OF TRADE MARKS, 
 together with practical Notes and Instructions, and a copious Index. By 
 Edward Morton Daniel, of Lincoln's Inn, Barrister-at-Law. 
 
 " The last of the works on this subject, that by Mr. Daniel, appears to have been very carefully done. 
 Mr. Daniel's book is a satisfactory and useful guide." — The £?tgineer. 
 
 " This treatise contains, within moderate compass, the whole of the law, as far as practically required, 
 on the subject of trade marks. The publication is opportune, the subject being one which must nearly 
 concern a considerable portion of the public, and it may be recommended to all who desire to take 
 advantage of the protection afforded by registration under the new legislation. It is practical, and seems 
 to be complete in every respect. The volume is well printed and neatly got up." — Laiv Times. 
 
 In 8vo., 1876, price is., sewed, 
 
 AN ESSAY ON THE 
 
 ABOLITION OF CAPITAL PUNISHMENT. 
 
 Enibracmg more particularly an Emendation and Analysis of the Principles of Laiv as 
 applicable to Criminals of the Highest Degree of Giiilt. 
 
 By WALTER ARTHUR COPINGER, 
 
 OF THE Middle Temple, Esq., Barrister-at-Law ; 
 
 Author of "The Law of Copyright in Works of Literature and Art," "Index to 
 
 Precedents in Conveyancing," " On the Custody and Production of Title Deeds." 
 
 " We can recommend Mr. Copinger's book as containing the fullest collection we have seen of facts and 
 
 quotations from eminent jurists, statistics, and general information bearing on the subject of capital 
 
 punishment." — Manchester Courier. 
 
 In one volume, 8vo., 1877, price \^s., cloth, 
 
 A TREATISE ON THE 
 
 LAW OF REVIEW IN CRIMINAL CASES. 
 
 WITH A COMI^IENTAEY 
 
 ON THE SUMMARY PROCEDURE ACT, 1864, AND THE SUMMARY 
 
 PROSECUTIONS APPEALS {SCOTLAND) ACT, 1875. 
 
 WITH AN APPENDIX 
 
 CONTAINING THE STATUTES ; WITH NOTES AND CASES. 
 
 By The Hon. HENRY J, MONCREIFF, 
 
 advocate.
 
 STEVENS & HATNES, BELL YAED, TEMPLE BAE. 
 
 43 
 
 In Svu., 1S77, price 6s., cloth, 
 
 THE PARTITION ACTS, 1868 and 1876. 
 
 A MANUAL OF THE 
 
 LAWOFPAETITIONANDOFSALE IN LIEU OFPAETITION. 
 
 IVi^A the Decided Cases, and an Appendix containing Decrees and Orders. 
 
 By W. GREGORY WALKER, 
 
 OF LINCOLN'S INN, BARRISTER-AT-LAW, B.A. A 
 
 "This is a very painstaking and praiseworthy 
 little treatise. That such a work has now been 
 published, needs, in fact, only to be announced ; 
 for, meeting as it does an undoubted requirement, 
 it is sure to secure a place in the library of every 
 
 equity practitioner Wj are gratified to be 
 
 able to add our assurance that the practitioner will 
 find that his confidence has not been misplaced, and 
 that Mr. Walker's manual, compact and inexjieu- 
 sive as it is, is equally exhaustive and valuable." — 
 Irish Law Times. 
 
 " This handy-book contains the above-mentioned 
 Partition Acts, with a manual of the law of partition. 
 
 ND LATE SCHOLAR OK EXHTER COLLEGE, OXFORD. 
 
 and of sale in lieu of partition, and with the decided 
 cases and an appendix containing decrees and 
 orders. There are so many actions under the Par- 
 tition Acts, that there is little doubt this small 
 volume, containing as it does not merely references 
 to all the reported cases, but the pith of the deci- 
 sions extracted therefrom, will prove exceedingly 
 \iseful. The appendix of decrees and orders, taken 
 from the registrar's books kept in the Report Office, 
 will be of great service to solicitors and counsel in 
 settling minutes. Several of the judgments quoted 
 will also help to keep those who have the conduct 
 of partition suits in the right road." — Laiu Journal. 
 
 In 8vo., 1875, price 2\s., doth, 
 
 A TREATISE on the LAW and PRACTICE RELATING to INFANTS. 
 
 By ARCHIBALD H. SIMPSON, M.A., 
 
 0/ Lincoln's Inn', Esq., Barrister-at-Law, and Fellow o/ Christ's College, Cambridge. 
 
 " Mr. Simpson's book comprises the whole of the 
 law relating to infants, both as regards their per- 
 sons and their property, and we have not observed 
 any very important omissions. The author has 
 evidently expended much trouble and care upon 
 his work, and has brought together, in a concise 
 and convenient form, the law upon the subject down 
 to the present t\mG."—Solicitors' Journal. 
 
 " Its law is unimpeachable. We have detected 
 no errors, and whilst the work might have been 
 done more scientifically, it is, beyond all question, 
 a compendium of sound legal principles." — Law 
 Times. 
 
 " Mr. Simpson has arranged the whole of the Law 
 relating to Infants with much fulness of detail, and 
 yet in comparatively little space. The result is 
 due mainly to the businesslike, condensation of his 
 style. Fulness, however, has by no means been 
 sacrificed to brevity, and, so far as we have been 
 
 able to test it, the work omits no point of anj' im- 
 portance, from the earliest cases to the last. In 
 the essential qualities of clearness, completencis, 
 and orderly arrangement it leaves nothing to be 
 desired. 
 
 '' Lawyers in doubt on any point of law or prac- 
 tice will find the information they require, if it can 
 be found at all, in Mr. Simpson's book, and a 
 writer of whom this can be said may congratulate 
 himself on having achieved a considerable success." 
 — La7v Magazine, February, 1876. 
 
 "The reputation of 'Simpson on Infants' is 
 now too perfectly established to need any enco- 
 miums on our part ; and we can only say that, as 
 theresultof our own experience, we have invariably 
 found this work an exhaustive and trustworthy 
 repertory of information on every question con- 
 nected with the law and practice relating to its 
 subject." — Irish La7v Times, July 7, 1877. 
 
 In 8vo., 1875, price 6j-., cloth, 
 
 THE LAW CONCERNING THE 
 
 REGISTEATION OF BIRTHS AND DEATHS 
 
 IN ENGLAND AND WALES, AND AT SEA. 
 
 Being the whole Statute Law upon the subject ; together with a list of Registration Fees 
 and Charges. Edited with Copious Explanatory Notes and References, and an 
 Elaborate Index. By Arthur John Flaxman, of the Middle Temple, 
 Barrister-at-Law. 
 
 tration of Births and Deaths ' will admit that our 
 laudatory criticism is thoroughly merited." — Law 
 Journal. 
 
 "Mr. Arthur John Flaxman, barrister-at-law, of 
 the Middle Temple, has published a small work on 
 ' The Law Concerning the Registration of Births 
 and Deaths in England and Wales, and at Sea.' 
 Mr. Flaxman has pursued the only possible plan, 
 giving the statutes and references to cases. The 
 remarkable feature is the index, which fills no less 
 than 45 out of a total of 112 pages. The index 
 alone would be extremely useful, and is worth the 
 money asked for the work.'' — Law Tintes. 
 
 " Mr. Flaxman' s unpretcnttoiis but admi- 
 rable little hook makes the duties of all parties 
 under tlie Act abundantly clear. , , . Lawyers 
 willjind the book not only handy, but also instruc- 
 tive and suggestive. To registrars, and all persons 
 engaged in the execution 0/ the law, the bookwill 
 be invaluable. The index occupies thirty-five pages, 
 and is so full that information on a minute point can 
 be obtained without trouble. It is an index that 
 must have cost the author much thought and time. 
 Tlie statements of what is to be done, who may do 
 it, and luhat must not be done, are so clear thai it 
 is well nigh impossible for any one ■who consults 
 the book to err. Those who use ' Flaxman's Reels-
 
 44 STEVENS & HAYNES, BELL YASD, TEMPLE BAE. 
 
 THE LAW OF EXTRADITION. 
 
 Second Edition, in 8vo., 1874, price iSs., cloth, 
 
 A TREATISE UPON 
 
 THE LAW OF EXTRADITION. 
 
 WITH THE 
 
 CONVENTIONS UPON the SUBJECT EXISTING BETWEEN 
 ENGLAND AND FOREIGN NA TIONS, 
 
 AND 
 
 THE CASES DECIDED THEREON, 
 By EDWARD CLARKE, 
 
 OF LINCOLN'S INN, BARRISTER-AT-LAW, AND LATE TANCRED STUDENT. 
 
 "Mr. Clarke's accurate and sensible book is the best authority to which the English 
 reader can turn upon the subject of Extradition." — Saturday Revieiu. 
 
 " The opinion we expressed of the merits of this work when it first appeared has been 
 fully justified by the reputation it has gained. This new edition, embodying and ex- 
 plaining the recent legislation on extradition, is likely to sustain that reputation. • . • • 
 There are other points we had marked for comment, but we must content ourselves with 
 heartily commending this new edition to the attention of the profession. It is seldom we 
 come across a book possessing so much interest to the general reader and at the same 
 time furnishing so useful a guide to the lawyer." — Solicitors' Journal. 
 
 "The appearance of a second edition of this treatise does not surprise us. It is a 
 useful book, well arranged and well written. A student who wants to learn the principles 
 and practice of the law of extradition will be greatly helped by Mr. Clarke. Lawyers 
 who have extradition business will find this volume an excellent book of reference. 
 Magistrates who have to administer the extradition law will be greatly assisted by a 
 careful perusal of ' Clarke upon Extradition.' This may be called a warm commenda- 
 tion, but those who have read the book will not say it is unmerited. We have so often 
 to expose the false pretenders to legal authorship that it is a pleasure to meet with a 
 volume that is the useful and unpretending result of honest work. Besides the Appendix, 
 which contains the extradition conventions of this country since 1843, we have eight 
 chapters. The first is ' Upon the Duty of Extradition ; ' the second on the ' Early 
 Treaties and Cases ; ' the others on the law in the United States, Canada, England, and 
 France, and the practice in those countries." — Laiv Journal. _ ■_ 
 
 "One of the most interesting and valuable contributions to legal literature which it 
 has been our province to notice for a long time, is ' Clarke's Treatise on the Law of 
 
 Extradition.' Mr. Clarke's work comprises chapters upon the Duty of 
 
 Extradition ; Early Treaties and Cases ; History of the Law in the United States* in 
 Canada, in England, in France, &c., with an Appendix containing the Conventions 
 
 existing between England and Foreign Nations, and the Cases decided thereon 
 
 The work is ably prepared throughout, and should form a part of the library of every 
 lawyer interested in great Constitutional or International Questions." — Albany Laiv 
 Journal. • ,, 
 
 The Times of September 7, 1874, in a long article upon " Extradition Treaties, 
 makes considerable use of this work, and writes of it as ''Mr. Clarke's useful Work 
 on Extradition." 
 
 In 8vo., 1876, price 2>s., cloth, 
 
 THE PRACTICE AND PROCEDURE IN APPEALS 
 FROM INDIA TO THE PRIVY COUNCIL. 
 
 By E. B. MICHELL and R. B. MICHELL, Barristers-at-Law. 
 " A useful manual arranging the practice in convenient order, and giving the rules in force in several 
 Courts. It will be a decided acquisition to those engaged in Appeals from India."— Zait; Times.
 
 STEVENS & HAYNE8, BELL YAED, TEMPLE BAB. 45 
 
 PRACTICE OP CONVEYANCING. 
 
 In One Volume, 8vo., 1875, price 14s., cloth, 
 
 title pccbs: 
 
 THEIR CUSTODY, INSPECTION, AND PRODUCTION, 
 at Eato, \xv Cquitp anti in Q^attecjS of Conbcpancing;, 
 
 Including Covenants for the Production of Deeds and Attested Copies ; with an Appendix 
 of Precedents, the Vendor and Purchaser Act, 1874, «S:c., &c., &c. By Walter 
 Arthur Copinger, of the Middle Temple, Barrister-at-Law ; Author of " The 
 Law of Copyright" and " Index to Precedents in Conveyancing." 
 
 " There is no subject on 'which a practical knmvledge is more required than that of title 
 deeds ; and this volutnc supplies a rvnnt. Mr. Copinger has, in his well-writtett chapters, 
 entered most fully and thoroughly into the special subject matter of his work, and has 
 accordingly produced a book uorthy of being used by every careful conveyancer who kno7vs 
 the importance of studying all questions of title." — The Law. 
 
 "In dealing with ' documentary evidence at law and in equity and in matters of con- 
 veyancing, including covenants for the production of deeds and attested copies,' Mr. 
 Copinger has shown discrimination, for it is a branch of the general subject of evidence 
 which is very susceptible of independent treatment. We are glad, therefore, to be able 
 to approve both of the design and the manner in which it has been executed. 
 
 "The work opens with a chapter on the custody of title deeds (i) generally, 
 (2) between trustees and ces/uis que trust, (3) between mortgagee and mortgagor, and 
 {4) miscellaneous. Chapters II. and III. treat of tlie ])roduction of title deeds at law and 
 in equity. In Chapter IV. the author considers the custody and production of title deeds 
 on a sale, (l) as relates more particularly to the vendor, and (2) as relates more par- 
 ticularly to the purchaser. Chapter V. treats of the non-production of title deeds ; 
 Chapter VI. of the purchaser's right to the title deeds ; Chapter VII. of attested copies ; 
 whilst Chapter VIII., which will prove very useful to conveyancers, deals with covenants 
 for the production of deeds. There is an elaborate appendix containing precedents. 
 
 " The literary e.xecution of the work is good enough to invite quotation, but the 
 volume is not large, and we content ourselves with recommending it to the profession." — 
 Law Times. 
 
 " A really good treatise on this subject must be essential to the lawyer ; and this is 
 what we have here. Mr. Copinger has supplied a much-felt want by the compilation of 
 this volume. We have not space to go into the details of the book ; it appears well 
 arranged, clearly written, and fully elaborated. With these few remarks we recommend 
 this volume to our readers. It may be remarked that there is an appendix added, 
 showing the nature of the evidence required in veiification of abstracts, a list of the 
 searches and inquiries which should be made on a purchase, and concluding with a 
 selection of precedents of covenants for production of deeds." — La7u Journal. 
 
 In 8vo., 1875, price gj-., cloth, 
 
 FOUMiS OF Ij EASES 
 
 And other forms relating to Land in Ireland ; with an Introduction and Notes. 
 By John Henry Edge, Barrister-at-Law. 
 
 In 8vo., 1876, price 2ij-., cloth, 
 
 L^^IM MAX/MS AND PHRASES, 
 
 COLLECTED FROM THE INSTITUTIONAL WRITERS OF THE LAW OF 
 SCOTLAND AND OTHER SOURCES. 
 
 WITH TRANSLATIONS AND ILLUSTRATIONS. 
 
 By JOHN TRAYNER, Advocate. 
 SECOND EDITION,
 
 46 STEVENS & HAYNE8, BELL YARD, TEMPLE BAR. 
 
 In One thick Volume, Svo., 1874, 0/ nearly One Thousand Pages, 
 
 price 42^., strongly bound in Cloth, 
 
 A MAGISTERIAL & POLICE GUIDE: 
 
 Being; tlje »»tatute Hato, 
 
 INCLUDING THE SESSION OF 1874, 
 WITH NOTES AND REFERENCES TO THE DECIDED CASES, 
 
 RELATING TO THE 
 
 PROCEDURE, JURISDICTION, and DUTIES of MAGISTRATES 
 AND POLICE AUTHORITIES, 
 
 IN THE METROPOLIS AND IN THE COUNTRY. 
 
 With an Introduction showing the General Procedure before Magistrates 
 both in Indictable and Summary Matters. 
 
 By henry C. greenwood, 
 
 Stipendiary Magistrate for tfie District of the Staffordshire Potteries ; 
 
 AND 
 
 TEMPLE C. MARTIN, 
 
 Of the Southwark Police Court. 
 
 NOTICES OF THE WORK. 
 
 " For the form of the work we have nothing but commendation. We may say we have 
 here our ideal law book. It may be said to omit nothing which it ought to contain." — 
 Law Times. 
 
 " This handsome volume aims at presenting a comprehensive magisterial handbook 
 for the whole of England. The mode of arrangement seems to us excellent, and is well 
 carried out." — Solicitors' Journal. 
 
 " As to the care with which the work has been executed, a somewhat minute exami- 
 nation of three or four of the divisions enables us to speak on the whole favourably." — 
 Solicitors'' Journal. 
 
 " Great pains have evidently been taken in every part of the work to ensure correct- 
 ness ; and this quality, together with that of its great comprehensiveness, can scarcely 
 fail to render this guide to procedure before magisterial and police authorities eminently 
 acceptable to the many classes of persons to whom full and accurate information on the 
 subject it deals with is often of the utmost importance." — Morning Post. 
 
 " The Magisterial and Police Gnide, by Mr. Henry Greenwood and Mr. Temple 
 Martin, is a model work in its conciseness, and, so far as we have been able to test it, 
 in completeness and accuracy. It ought to be in the hatids of all who, as magistrates or 
 otherivise, have authority in matters of policed — Daily News. 
 
 " Both to justices and practitioners desirous of obtaining a book of reference giving 
 the present practice of the courts, this book will be found of great service — nay, almost 
 invaluable. "• — Liverpool Mercury. 
 
 " Mr. Greenwood, stipendiary magistrate in the Staffordshire Potteries district, and 
 Mr. Martin, of the Southwark Police Court, have produced a portly magisterial hand- 
 book applicable to the whole of England. It contains all the statute law relating to the 
 •procedure, jurisdiction, and duties of magistrates and police authorities, with notes and 
 references to recent decisions, and appears to be put together, as might be expected 
 from the professional experience of the authors, in a thorough and business-like manner." 
 — Saturday Revieiu. 
 
 " This work is eminently practical, and supplies a real want. It plainly 
 and concisely stales the law on all points upon which Magistrates are called 
 upon to adjtidicate, systematically arranged, so as to be easy of reference. It 
 otight to find a place on every fustice^s table, and we cannot but think that its 
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 — Midland Counties Herald. 
 
 " The exceedingly arduous task of collecting together all the enactments on the subject 
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 that one is able to lay a finger on a Section of an Act almost in a moment. It is won- 
 derful what a mass of information is comprised in so comparatively small a space. We 
 have much pleasure in recommending the volume not only to our professional but also to 
 our general readers ; nothing can be more useful to the public than an acquaintance with 
 the outlines of magisterial jurisdiction and procedure." — Slieffield Post.
 
 STEVENS & HAYNE8, BELL YAED, TEMPLE BAE. 
 
 47 
 
 Now ready, in One Vol., 8vo., 1878, price 12^., cloth. 
 
 A COMPENDIUM of ROMAN LA W, 
 
 FOUNDED ON THE INSTITUTES OF JUSTINIAN: 
 
 TOGETUI.R Willi 
 
 EXAMINATION QUESTIONS 
 
 SET IN THE UNIVERSITY AND BAll EXAMINATIONS 
 
 (WTTM SOT.TJ^riONS), 
 
 And Definitions of Leading Terms in the Words of the 
 
 Principal Authorities. 
 
 By GORDON CAMPBELL, 
 
 Of the Inner Temple, M.A., late Scholar of E.xeter College, Oxford; M.A. 
 Trinity College, Cambridge ; Author of " An Analysis of Austin's 
 Jurisprudence, or the Philosophy of Positive Law." 
 
 in English of Roman law, interspersed with such 
 comments taken from the above authors and editors 
 as serve to render clearer and to reclify, when 
 
 " Mr. Campbell, in producing a compendium of 
 the Roman law, has gone to the best English works 
 already existing- on tne subject, and has made ex- 
 cellent use of the materials found in them. The 
 volume is especially intended for the use of students 
 who have to pass an examination in Roman law, 
 and its arrangement with a view to this end appears 
 very good. The existence of text-books such as 
 this should do much to prevent the evil system of 
 cramming." — Saturday Kevie^u. 
 
 "This compendium is, in the words of the preface, 
 ' intended for those students at the Universities and 
 the Inns of Courts who have to pass an examination 
 in Roman Law.' In its preparation the author has 
 made use of the works to which those .students are 
 generally required to give their attention, such as 
 Sander's JuStinian, Poste's Gaius, Maine's Ancient 
 Law, Austin's Jurisprudence, and similar publi- 
 cations. Practically this compendium is an analysis 
 
 necessary, the main principles anddffinitions which 
 are founded in that law. Thus in the opening page we 
 have Ulpian'sdefinition of justice and jurisprudence, 
 followed by Austin's objection to those definitions, 
 namely that they would embrace not only law but 
 positive morality and the test to which both are to 
 be referred. Again, the definition of an action 
 given in Justinian is contrasted with a quotation 
 from the student's Austin ; and the same plan is 
 adopted throughout the Compendium. This plan 
 will undoubtedly be of service to students of the 
 civil law. There is a very useful appendix con- 
 taining questions taken, for the most part, from 
 papers set at examinations at the Universities and 
 in the Bar examinations, and some definitions and 
 descriptions of leading terms."' — Law Times. 
 
 MINING LAWS OF THE UNITED STATES. 
 
 In Svo., 1877, price ^s. 6d., cloth, 
 
 Titles to Mines in the United States, 
 
 WITH THE 
 
 Statutes and References to the Decisions of the Courts 
 
 relating thereto. 
 
 By W. a. HARRIS, B.A., Oxon., 
 
 Of Lincoln's Inn, Barrister-at-Law, and of the American Bar. 
 
 " We have merely sketched the contents of this 
 interesting volume, and though the author apolo- 
 gises in the preface for its incompleteness, we are 
 bound to admit that we cannot suggest any point 
 on which information on this subject could be 
 desired that it has been withheld. Mr. Harris may 
 be credited with having done his best to simplify 
 the American mining laws, and in so doing has 
 earned the thanks of all persons interested in the 
 subject." — Thi- Mining IVor/d. 
 
 " It is carefully and thoroughly written through- 
 out, and the information given, whilst it is brief 
 and free from technicalities, will prove ample for 
 the professional man who may be called upon to 
 transact legal business connected with American 
 mines, and will be found useful and interesting to 
 the general reader." — The Mining; Journal. 
 
 " The author is an English barrister, who is also 
 
 a member of the American Bar, and he has had 
 much experience in American and Anglo-American 
 Mining Law. 
 
 " He has now collated such of the mining laws 
 of the United States as are likely to be of import- 
 ance to English mining adventurers who invest in 
 American mines. 
 
 " I'he information is very comprehensive, and 
 seems to embrace all things pertinent to the subject. 
 The case of the "Emma" Mine has drawn much 
 attention to the American mining law, and Mr. 
 Harris' work will be found an excellent exponent." 
 — London Iron Trade Excluinge. 
 
 "This is a most valuable work — indeed, we 
 might say indispensable — for legal gentlemen and 
 investors in American land and mineral property, 
 and the author is well qualified to give the informa- 
 tion and advice needed." — The Colliery Guardian.
 
 48 
 
 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 
 
 INDEX OF AUTHORS' NAMES. 
 
 Argles (N.), page 32. 
 
 Banning (H. T.), 42. 
 
 Barton (G. B.), 38. 
 
 Bellewe (R.), 34. 
 
 Brice (Seward), 8, 16. 
 
 Brooke (Sir R.), 35- 
 
 Brown (Archibald), 13, 20, 22, 26. 
 
 Browne (J. H. Balfour), 19. 
 
 Browning (E.), 10. 
 
 Buchanan, (J.), 38. 
 
 Buckley (H. B.), 29. 
 
 BucKNiLL (T. T.), 34, 35- 
 
 bushby (h. j.), 33. 
 
 Campbell (Gordon), 47, 
 Campbell (Robert), 40. 
 Clarke (E.), 44. 
 Coghlan (W. M.), 28. 
 Cooke (Sir G.), 35. 
 Cooke (Hugh), 10. 
 CopiNGER (W. a.), 10, 40, 42, 45. 
 Corner (R. J.), 10. 
 Cunningham (T.), 34. 
 
 Daniel (E. M.), 42. 
 Deane (H, C), 23. 
 
 Edge (J. H.), 45- 
 Edwards (W. D.), 39. 
 
 Finlason (W. F.), 14, 32. 
 Flaxman (A. J.), 43. 
 Forsyth (W.), 12. 
 
 GIBBS (F. W.), 7- 
 Godefroi (H.), 14. 
 Goodeve (L. a.), 15. 
 Greenwood (H. C), 46. 
 Griffin (E. F.), 18. 
 Griffith (J. R.), 36. 
 Griffith (W. Downes), 6. 
 Grotius (Hugo), 38, 
 
 Hall (R. G.), 30. 
 Hanson (A.), 7. 
 Hardcastle (H.), 33- 
 Harris (S. F.), 20, 27. 
 Harris (W. A.), 47- 
 Harwood (R. G.), 10. 
 Hazlitt (W.), 9- 
 
 Higgins (C), page 30. 
 Houston (J.), 32. 
 
 Indermaur (John), 24, 25. 
 
 Jones (E.), 14. 
 Joyce (W.), ii. 
 
 Kay (J.), 17. 
 Kelyng (Sir J.), 35. 
 Kelynge (W.), 35. 
 
 Lloyd (Eyre), 13, 15. 
 
 Locke (J.), 32. 
 
 Loveland (R. L.), 6, 10, 30, 35, 36. 
 
 Maasdorp (A. F. S.), 38- 
 Martin (T. C), 46. 
 May (H. W.), 29. 
 Mayne (J. D.), 31, 38, 
 Menzies (W.), 38. 
 Michell (E. B.), 44. 
 Moncreiff (H. j.), 42- 
 moriarty, 14. 
 
 O'Malley (E. L.), 33. 
 
 Pemberton (L. L.), 32, 41. 
 
 Reilly (F. S.), 29. 
 Robinson (W. G.), 32. 
 Roche (H. P.), 9. 
 
 Savigny (F. C. Von), 20. 
 Short (F. H.), 10. 
 Shortt (John), 14. 
 Shower (Sir B.), 36. 
 Simpson (A. H.), 43. 
 Smethurst (J. M.), 18. 
 Smith (Eustace), 39. 
 Smith (Lumley), 31. 
 Snell (E. H. T.), 22. 
 
 Tarrant, 14. 
 Taswell-Langmead, 21. 
 Thomas (E. C), 28. 
 Trayner (J.), 45. 
 Tyssen (A. D.), 39- 
 
 Van der Kessel (D. G.), 38. 
 
 Walker (W. G.), 36, 43. 
 Whiteford (F. M.), 20. 
 Wynne (W. W.), 10. 
 
 LONDON: PRINTED BY WILLIAM CLOWES AK» SONS. 8TAMF0KD STKEET AND CHAEING CK03S.
 
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