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Private Acts, not printed-Professional Lists.

PRIVATE ACTS, NOT PRINTED. 28. An act for naturalizing Salis Schwabe. 29. An act to dissolve the marriage of Charles Conyers, jun., Esquire, with Margaret Conyers, his now wife, and to enable him to marry again; and for other purposes therein mentioned.

30. An act for naturalizing Christian Allhusen.

31. An act for naturalizing John Cortazzi. 32. An act for naturalizing Paul Ferdinand Willert.

33. An act for naturalizing Louis Magnus. 34. An act for naturalizing Frederic Louis Miéville.

35. An act for naturalizing Mendel Albrecht. 36. An act for naturalizing David Meyer Loewe.

MASTERS EXTRAORDINARY IN CHANCERY.

71

From October 23 to November 20, 1835, both inclusive, with dates when gazetted. Morehouse, Thomas, Halifax, York. Oct. 30.

DISSOLUTIONS OF PROFESSIONAL

PARTNERSHIPS.

From October 23 to November, 20, 1835, both inclusive, with dates when gazetted.

The names printed in Italies are the partners who receive and pay debts. Castleman, Wm., Edward Castleman, Henry Castleman, and Charles Castleman, Wimborne Minster, Dorset, Attorneys, Land Agents, and Stewards. Nov. 3.

Northumberland, Attorneys and Solicitors. Nov. 3.

37. An act to dissolve the marriage of Ma-Donkin, Wm. and John Stokoe, Hexham, jor Hassell Richard Moor with Ann, his now wife, and to enable him to marry again; and for other purposes therein mentioned.

38. An act to dissolve the marriage of the Reverend William Thomas Blenkinsop, a chaplain in the service of the East India Company on their Madras establishment, with Clara Jane, his now wife, and to enable him to marry again; and for other purposes therein mentioned.

39. An act for naturalizing John Queriol

Murat.

40. An act for naturalizing Ludwig Steinthal.

41. An act for naturalizing Emanuel Hallé. 42. An act for naturalizing Gaspar Peter Elias, Baron de Arabet.

43. An act for naturalizing Jacques Louis Auguste Joseph Des Champs de la Tour, commonly called Auguste des Champs de la Tour, and his infant son.

44. An act for naturalizing Agnes Hemilian de Tressan.

45. An act to dissolve the marriage of William Charles Lambert, Esquire, with Georgiana Charlotte, his now wife, and to enable him to marry again; and for other purposes therein mentioned.

46. An act for naturalizing Henry Christopher Bergman.

47. An act for naturalizing John Frederick Zoller.

48. An act to dissolve the marriage of Charles Malpas, Esquire, with Isabella Bowness, his now wife, and to enable him to marry again; and for other purposes therein mentioned.

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Macaulay, George Gibson, and Francis Edwin Macaulay, Halifax, York, Attorneys, SoMaddock, John Finchett, and Thomas Finlicitors, and Conveyancers, Oct. 27. chett, Maddock, Chester, Attorneys and Solicitors. Nov. 10.

Reeves, Timothy, and James Allen Jackson, Kingston-upon-Hull, Attorneys, Solicitors, Roberts, Joseph Edward, and Thomas Edand Conveyancers. Nov. 17.

ward Coyney, Stone, Stafford, Attorneys and Solicitors. Nov. 20.

Wickings, Wm., and James Alexander Teague, Castle Court, Budge Row, Attorneys, Solicitors, and Conveyancers. Nov. 3.

LIST OF NEW PUBLICATIONS.

A Practical Treatise on Summary Convictions before Magistrates; with the Statutes and Forms of Convictions. By W. A. Hutton, Esq. 12mo., 18s. boards.

The Rules of Court from Michaelmas Term, 1830, to Trinity Term, 1835; with Forms of Declaration and Practical Proceedings; with an Appendix of Statutes passed between July, 1820, and the last Session of Parliament. By C. F. F. Wordsworth, Esq. Price 12s. boards.

The Municipal Corporation Reform Act, and the Orders in Council thereon, of the 11th of September. By C. Cooper, Esq. 12mo. 6s. boards.

The Practice of the Law in all its departments, with a View of Rights, Injuries, &c. By J. Chitty, Esq. Part 6, with an Index to the whole Work. Price 248., boards.

A Selection of Precedents in Conveyancing. By J. Jarman, Esq. Vol. 10. Part 2. Price 10s. 6d. (This Part completes the Work.)

BANKRUPTCIES SUPERSEDED.

From Oct. 23, to Nov. 20, 1835, both inclusive,
with Dates when gazetted.

Carnes, Christopher, Liverpool, Glass Merchant & Oil and
Colourman. Oct. 30.

Downs, Geo.. Tick Hill, York, Dealer. Oct. 30.
Peel, Robert, Halifax, York, Card Maker. Nov. 17.
Robinson, James, Derby, Tape Manufacturer. Nov. 17.
White, Joseph, Barton-under-Needwood, Tatenhill, Stafford,
Druggist and Grocer. Nov, 20.

72

BANKRUPTS.

From Oct. 23 to Nov. 20, 1835, both inclusive, with Dates when gazetted.

Bankrupts.

Green, Off. Ass.:

Arnell, John, Edward Street, Hampstead Road, Corn and Coal Merchant. Dale, Barnard's Inn, Holborn: Whitmore, Off. Ass. Oct. 27. Angle, Barnard, Moorfields, Victualler. Teague, Cateaton Street. Oct. 27. Ainsworth, Thomas, Liverpool, Victualler. Coates, Manchester; Adlington & Co., Bedford Row. Nov. 17. Bonner, Thomas, Horse ferry Road, Westminster, Cow-keeper and Carman. Cross, Surrey Street, Strand: Turquand, Off. Ass. Oct. 23. Baker, George. Birmingham, Auctioneer.

Austen & Co., Raymond Buildings, Gray's Inn: Lefevre, Birmingham. Nov. 6. Bishton, Thomas, Kilsale, and Dawley, Salop, Ironmaster. Brown, Shiffnal; Williamson & Co., Verulam Buildings, Gray's Inn. Nov. 6. Beanland, Jonas, Bradford, York, Timber Merchant. Turner & Co., Basing Lane: Stott, Leeds. Nov. 10. Bishop, Wm. Cheltenham, Gloucester, Mercer. Packwood, Cheltenham: Shirreff, Lincoln's Inn Fields. Nov. 13. Bevil, John, Harleyford Place, Kennington, Surrey, Auctioneer, Broker and Appraiser. Pennell, Off. Ass.; Crossfield, Whitechapel Road. Nov. 17. Barber, Robert, Cambridge, Grocer and Chinaman. Twiss, Cambridge: Lythgoe, Essex Street. Nov. 17. Blyth, Edwin Verdon, and Charles Aylett Kell, Birmingham, Factors. Adlington & Co., Bedford Row; Wills, Birmingham. Nov. 17.

Bloomer, Thomas, Cradley, near Stourbridge, Worcester, Nail Ironmonger. Gough, Fetter Lane; Fellowes, jun., Dudley. Nov. 20.

Bond, John Culcope, and Wm. Bond, Birmingham, Factors.

ham. Nov. 17.

Clarke & Co., Lincoln's Inn Fields: Colmore, BirmingClaxton, Robert, Norwich, Tailor and Draper. Mawe, New Bridge Street, Blackfriars: Taylor, Norwich. Oct. 23. Coates, Henry, Colchester, Essex, Cattle Dealer. Sparling, Colchester: Stevens & Co., Little St. Thomas Apostle.

Nov. 3. Cooper, Charles, Liverpool, Grocer. Blackstock & Co., London: Payne, Liverpool. Nov. 17. Carr, Wm., New Malton, York, Linen and Woollen Draper, Mercer and Haberdasher. Hardwick & Co., Lawrence Lane, Cheapside. Messrs. Lee, Leeds. Nov. 20. Ditchfield, George Prescott, Liverpool, Grocer. Lace & Co., Liverpool: Taylor & Co, Bedford Row. Oct. 27. Dixon, Wm., Scarborough, York, Draper. Walmsley & Co., Chancery Lane; Heron, Manchester. Oct. 27. Davies, Wm., and Mims Davies, Oswestry, Salop, Timber Merchants. Minshall & Co., Oswestry: Dean, Palsgrave Place, Temple Bar. Oct. 30.

Dennis, James Nelson, Lisle Street, Leicester Square, Coach Maker. Alsager, Off. Ass.; Price & Co., Lincoln's Inn Fields. Oct. 23.

Davies, Wm., and Morris Davies, Oswestry, Salop, Timber Merchants. Minshall & Co., Oswestry; Dean, Palsgrave Place, Temple Bar. Nov. 3. Flight, Charles, St. James's Street, Tailor. Richardson & Co., Golden Square: Turquand, Off. Ass. Oct. 30. Flude, Thomas Saville, Trinity Square, Wine Merchant and

Spirit Broker. Pearse & Co., St. Swithin's Lane: Whitmore, Off. Ass. Nov. 3.

Frazer, David, Finsbury Square, and Carolina Coffee House, Birchin Lane, Ship Owner. Edwards, Off. Ass.; Hodg son, Broad Street Buildings. Nov. 3.

Farrar, Edward, Guildford Street, St. Pancras, Apothecary and Surgeon. Edwards, Off. Ass.: Pontifex, St. Andrew's Court, Holborn. Nov. 20.

Hughes, Wm., Cheltenham, Gloucester, Hotel Keeper.
Shirreff, Lincoln's Inn Fields; Packwood, Cheltenham.
Nov. 3.

Heap, John, Manchester, Machine Maker. Appleby, King's
Road, Bedford Row; Oliver, Manchester. Nov. 17.
Jarmain, Joseph, Air Street, Piccadilly, Bill Broker. Da-
vies, Warwick Street, Regent Street: Lackington, Off.
Ass. Nov. 20.
Jenkins, Wm. Walker, Birmingham, Brass Founder. Austen
& Co., Raymond Buildings, Gray's Inn: Arnold & Co.,
Birmingham. Nov. 20.

Lynton, John, Cambridge. Innkeeper and Livery Stable
Keeper. Foster, jun., Cambridge: Hall, Queen Square.
Nov. 3.
Llewellyn, Wm., Cow Cross, West Smithfield, Iron Foun-
Lubbock, Robt., Great Yarmouth, Norfolk, Ship Builder.
der. Alsager, Off. Ass.; Wilson, Staple Inn. Nov. 13.
Reynolds & Co., Great Yarmouth; Towne & Co., Broad
Moore, Abraham, Wells Row, Islington, Builder. Spiller,
Street Buildings. Nov. 17.

Barnard's Inn; Cannan, Off. Ass. Oct. 23.
Mercer, John Totty, Manchester, Plumber and Glazier.
M'Gowan, James, Gerrard Street, Soho, Button Maker.
Ware, Southwark: Morris & Co., Manchester. Oct. 23.
Messrs. Redfern, Birmingham: Norton & Co., Gray's
Inn Square. Oct. 27.

Miller, Robert, Norwich, Tobacconist. Staff, Norwich;
Molony, Arthur, Sherrard Street, Soho, Wine Merchant.
Brooks bank & Co., Gray's Inn. Oct. 27.
Green, Off. Ass.: Carlon, Chancery Lane. Nov. 17.
Noble, Richard, jun., Upper Belgrave Place, Pimlico, Corn
Chandler and Post Master. Wood & Co., Dean Street,
Newman, George, Beulah Spa, Norwood, Surrey, Wine Mer-
Soho: Turquand, Off. Ass. Oct. 30.

chant. Stafford, Buckingham Street, Strand, and Lom-
bard Street Chambers, Clement's Lane: Goldsmid, Off.
Ass. Nov. 10.

Ogilvy, Wm. Frederick, Oxford Street, Grocer and Oilman.

Dyson & Co., Chancery Lane: Cannan, Off. Ass. Nov. 13. Pease, Robert, Leeds, York, Mahogany and Timber Merchant. Groom, Off. Ass.: Meymott & Sons, Great Surrey Polley, Wm., Blackman Street, and Union Street, SouthStreet. Oct. 23.

wark, Boot and Shoe Maker, and Ham and Beef Seller. Green, Off. Ass.: Evans, Gray's Inn Square. Nov. 3. Peirce, Wm. Warwick, Northampton, Cabinet Maker. Meymott & Son, Great Surrey Street; Graham, Off. Ass. Nov. 6.

Parnell, Thomas, Plymouth, Devon, Draper. Groom, Off.
Ass: Reed, Bread Street, Cheapside. Nov. 13.
Probets, Stephen Thomas, Derby, Wholesale Stationer,
Printer and Publisher. Moss, Derby : Adlington & Co.,
Bedford Row. Nov. 20.

Redhead, Henry, Kingston-upon-Hull, Linen Draper. Gib-
son, Off Ass. Burt, Aldermanbury. Oct. 27.
Rich, Hamor, Lime Street, and Trinity Square, Tea Broker.
Alsagar, Off. Ass.: Young & Co., St. Mildred's Court,
Poultry. Nov. 3.

Robinson, Samuel, Salford, Lancaster, Flax Spinner and
Dresser. Adlington & Co., Bedford Row: Mukinson,
Manchester. Nov. 6.

Rogers, Wm., Bushey Hall, Watford, Herts, Salesman. Ivimey, Chancery Lane: Clark, Off. Ass. Nov. 10. Ridge, Benj., Great Russell Street, Bloomsbury, General Factor. Belcher, Off. Ass.: Pool, Southampton Buildings. Nov. 17.

Stephens, Robert Walls, York Place, City Road, Gentleman, late of Wood Street, Cheapside, in partnership with Edward Rawson, Richard Beetson, and William Gibson, Warehousemen. Green, Off. Ass.: Turner & Co., Basing Lane, Cheapside. Oct. 27. Shaw, Nathaniel, Manchester, Leather Factor.

Devonshire Square; Ryalls, Sheffield. Oct. 27. Saxby, Richard Serace, Chingford, Essex, Miller.

Rodgers,

Gibson,

Off. Ass.: Palmer & Co., Bedford Row. Oct. 30. Stocker, Samuel, Baptist Mills, St. Philip and Jacob, Glou

cester, Victualler. White & Co., Bedford Row: Bevan & Co, Bristol. Oct. 30.

Greatorex, Thomas Charles, Charles Street, Grosvenor
Square, Picture Dealer and Carver and Gilder. Brough-
ton & Co., Falcon Square: Cannan, Off. Ass. Oct. 27.
Green, Joseph, Liverpool, Ship Chandler. Lace & Co., Li-
verpool: Taylor & Co., Bedford Row. Oct. 27.
Greenhill, John, West Ham frith, Forrest Gate, near Strat-
ford, Essex, Farmer and Horse Dealer. Gibson, Off. Ass.:
Haynes, Change Alley, Cornhill. Nov. 6.
Gibson, James, Northwich, Chester, Tavern Keeper.
Adelphi Terrace: Saron, Northwich. Nov. 10.
Guy, Wm. Henry, Stroud, Gloucester, Woollen Draper,
Clothes Salesman, and Tailor. Paris, Stroud: Shearman,
South Square, Gray's Inn. Nov. 17.
Gribble, Joseph, Ashburton, Devon, Scrivener. Clowes &
Co., King's Bench Walk: Laidman, Exeter. Nov. 17.
Garrett, Jolin, Brighton, Builder. Woollgar, Lewes: Lat-Taylor, James, Charles Street, Grosvenor Square, Coal Mer-
ter, Brighton. Nov. 17.

Cole,

Gough, John Wood, Dursley, Gloucester, Stationer and Pope, Gray's Inn Square: Bishop,

Dealer in Cloth. Dursley. Nov. 17. Hutchinson, Gilbert Linney, Essex Street, Strand, Lodging House Keeper. Vickery, New Inn: Turquand, Off. Ass. Oct. 27.

Holman, Wm., and John Holman, Devonport, Devon, Drapers. Groom, Off. Ass.: Parker, St. Paul's Church Yard. Oct. 30.

Heigham, Richard Christopher, Lakenham, Norwich, Beer Brewer. West, Norwich; White & Co., Frederick's Place, Old Jewry. Nov. 3.

Henderson, Wm., West Bromwich, Stafford, Ironmaster. Thorndike, Staple Inn; Wheeler, Birmingham. Nov. 8.

Sharpe, James Sybery, East Retford, Nottingham, Spirit
Merchant. Allen & Co., Carlisle Street, Soho Square:
Shuck, Wm., jun., Worcester, Glove Manufacturer and
Newton, East Retford. Nov. 3.
Hatter. Grinnell & Co., Worcester: Becke & Co.,
Strong, Samuel, Oxford Street, Draper. Gibson, Off. Ass.:
Essex Street, Strand. Nov. 10.
Ashurst & Co., Cheapside: Hooker, Bartlett's Buildings,
Holborn. Nov. 20.

chant and Lodging House Keeper. Gibson, Off. Ass.: Barton, Lancaster Place, Strand. Oct. 27.

Topp, John, Charles Street, Commercial Road East, Coal
Dealer and Grocer. Edwards, Off. Ass.: Fulloon, Ward-
robe Place, Doctors' Commons. Oct. 30.

Turley, James, Bilston, Stafford, Ironmaster. Gough, Fetter
Lane: Fellowes, jun., Dudley. Nov. 17.
Wallace, John, Liverpool, Provision Merchant.

Bardswell,

Liverpool: Blackstock & Co., London. Oct. 23.
Watson, James, Leeds, York, Brewer. Wilson, Southamp-
ton Street, Bloomsbury: Payne & Co., Leeds. Nov. 10.
Weare, Wm., Leeds, York, Dealer in Wood, & Wood Tur-

ner. Turner & Co., Basing Lane: Stott, Leeds. Nov. 10. Wilson, John, Liverpool Street, Bishopsgate, Upholsterer. Alsager, Off. Ass.: Brown & Co., Mincing Lane. Nov. 20.

The Legal Observer.

SATURDAY, DECEMBER 5, 1835.

"Quod magis ad NOS

Pertinet, et nescire malum est, agitamus.

HORAT.

ON THE PRESENT STATE OF THE | if, when all other persons connected with

COURT OF CHANCERY.

We must again direct the public attention to the state of the Chancery business. We have recently heard so many complaints of the present arrangements for disposing of it, that we think it our duty to recall a few facts to the recollection of our readers.

It has for many years been admitted that the number of Judges in Equity are too few for the amount of the work to be done; and various remedies have from time to time been proposed for this defect in the administration of justice. The creation of the office of Vice-Chancellor a was the first important step towards this end. The next was the establishment of the Court of Bankruptcy, which relieved the Court of Chancery very nearly from that branch of its jurisdiction. The third measure to accomplish this end, which has become. law, was the Chancery Regulation Act, which transferred a very small portion of the routine business of the Court to the offices of the Masters. Many other important and useful reforms have been made in other matters connected with Chancery practice; but these are, we believe, the only successful attempts which have been made to remedy the delay in hearing causes which have arrived at maturity. And it must strike every one, that of all the evils pressing for remedy in these Courts, the most aggravated is any unnecessary delay which took place at this stage of the cause; for of what avail are regulations which have for their object the speeding the returns of the writs, the shortening the time for putting in the various pleadings, the hastening the examination of witnesses, the urging forward the officers of the Court,

a 53 Geo. 3, c. 24. b1 & 2 W. 4, c. 56. c 3 & 4 W. 4, c. 94.

VOL. XI. No. 305.

the cause have lost no one moment of time in bringing it before the Judge, ripe for his decision--what avails all this labour, cost, and speed, we say, if the Judge be not able, or ready, to do his office? And this, it will be recollected, has been the substantial grievance which has always been connected with this subject. Great as was the procrastination which a fraudulent defendant might securely be guilty of; serious as were the delays which took place in the Masters' offices; yet we know that no charge against the Court of Chancery has been so repeatedly rung in our ears,-more especially in Lord Eldon's time,-as the period which elapsed between setting down a cause for hearing, and its being heard. Much as other parties connected with a suit in equity have been blamed, the great weight of censure always rested on the Head of the Court.

Now it is only justice to say, that by the Chancery Regulation Act, many of the evils connected with the subordinate parts of the Court were greatly alleviated, if not cured. The great mischief of the act was leaving one stone above another of the Six Clerks' Office; but we have no hesitation in saying, that since that act and the accompanying acts were passed, the reform which most demands attention, is the facilitating the hearing of causes. Let us glance, then, at what has recently been attempted with respect to this.

In 1829, Lord Lyndhurst introduced a bill for the appointment of an additional Equity Judge, which, after passing the House of Lords, was thrown out by the House of Commons.

At the close of the session in 1832, Lord Brougham, then Lord Chancellor, proposed to effect the separation of the judicial from the political functions of the Lord Chancellor; one of the objects of which measure was to create a Chief Equity Judge, who should devote the whole of his time to

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Present State of the Court of Chancery.—The Property Lawyer.

THE PROPERTY LAWYER.

BREACH OF TRUST.

The following we believe to be a new and not unimportant point:

On the 26th of July 1810, articles of settlenent, in contemplation of an intended marriage between James Hulme and Ellen Docksey, were executed for conveying and assigning,

The

the Court of Chancery. In July 1833, this subject was again adverted to by his Lordship; but in 1834 he seems to have abandoned the idea. In the last session of parliament, however, Lord John Russell stated that it was the intention of the present government to bring in such a bill. It may be taken therefore to be admitted on all hands, that the number of Judges at present allotted to the Court of Chancery-viz. the Lord Chancellor, the in trust to Thomas Stafford and John BraithMaster of the Rolls, and the Vice Chan-waite, certain real estates, as soon as Ellen cellor is insufficient for the despatch of Docksey should attain the age of twenty-one, its business. together with a sum of 5007. in money, to the use of the intended wife for life, remainder to the intended husband for life, remainder to the children of the marriage, with an ultimate limitation to the intended wife in fee. marriage was shortly after solemnized. The wife attained her age of twenty-one in November 1813, when the articles were carried into execution by indentures of settlement, dated the 2d and 3d of November in that year. On the same 3d of November an appointment, which was prepared by the same solicitor who prepared the settlement, was executed by the husband and wife, by which Powell, one of the defendants, who was a private sailor, was named as a single trustee in the place of Stafford and Braithwaite, who were alleged to be desirous of being discharged from the trust; and the 5007. having been invested in the purstock was transferred by Stafford and Braithchase of 3 per cent. consolidated annuities, the waite to the new appointed single trustee, and by him immediately sold out and handed over to the husband, who shortly afterwards became bankrupt.

We have thought it right to state these few facts, to prove the glaring impropriety of the present Equity arrangements. We have already repeatedly stated their inconvenience; but the complaints both of suitors and practitioners of all classes are now so loud and universal, that we think we have a right to demand, when is the existing commission to be revoked? If three Courts were not sufficient to dispose of the business in Equity, two cannot be, and two only now regularly sit. But this is not all: a Judge is much more effective when sitting daily in his own Court, and devoting his mind to the business set down immediately before him, and for the disposal of which he alone is responsible, than when his attention is distracted by several Courts, with their separate lists of arrears, and where his responsibility is divided. And, unhappily, these objections are not theoretical; they are almost hourly coming unThe bill was filed by the children of the der our notice, and we feel it our duty to marriage against the new trustee, and against protest against their continuance. The pre-which had been so transferred to the husband. Stafford, praying a retransfer of the stock sent arrangement infuses torpidity through- Braithwaite, the other trustee, died insolvent, out the whole Court; and arrears are ac- and his representatives were not made parties cumulating to an extent which will soon to the suit. It appeared, upon reference to amount to a denial of justice. the terms of the settlement, that it was the clear intention of the parties that there should in all times be two trustees of the property comprised in the settlement; and it was admitted by the counsel for the defendant Stafford, that this was the effect of the settlement.

We now leave this subject,-but may hereafter advert to some further details con

nected with it. If the Great Seal must continue in commission until the act for the separation of the duties of the Chancellorship can be passed, which cannot be until late in the next Session of Parliament, two of the Lords Commissioners need not be Equity Judges, whose services are demanded in their own Courts. The former practice, of appointing Common Law Judges, should be adhered to.

d See this subject considered, 10 L. O. 1.

The Master of the Rolls.-The decree must be, according to the prayer of the bill, against the new trustee and the defendant Stafford. The concurrence in the appointment of a single trustee, with the transfer of the stock by Stafford and Braithwaite to such single trustee, was a plain breach of trust on their part, and made them responsible for the stock so transferred. This being the case, it is unnecessary to direct those inquiries for the examination of the solicitor who prepared the settlement and new appointment of trustees, which would otherwise have been necessary, in order to discover who were the parties and privies to the fraud thus committed.

Hulme v. Hulme, 2 M. & K. 682.

Notices of New Books.: Chitty's Practice.

NOTICES OF NEW BOOKS.

75

of the opportunity of writing his intended chapter.

The Practice of the Law in all its Depart- It is obvious that we can give but an imments; with a View of Rights, Injuries, perfect view of the merit of Mr. Chitty in and Remedies, as ameliorated by recent the execution of this important and voluStatutes, Rules, and Decisions; shewing minous work. Of the completeness of his the best modes of creating, perfecting, plan, so far as this concluding part extends, securing, and transferring Rights; and our readers may judge from the following the best Remedies for every Injury, as well analysis; and we shall then advert to some by Acts of Parties themselves, as by Legal of the original observations, which will Proceedings; and either to prevent or re-afford a specimen of the excellent and judimove Injuries; or to enforce specific Re- cious recommendations with which the work lief, Performance, or Compensation: and abounds. the Practice in Arbitrations; before Justices; in Courts of Common Law; Equity; Ecclesiastical and Spiritual; Admiralty; Prize; Court of Bankruptcy; and Courts of Error and Appeal. With new Practical Forms. Intended as a Court and Circuit Companion. In Three Volumes. Vol. III.-Part VI. By J. Chitty, Esq. Barrister, of the Middle Temple. London: S. Sweet. 1835.

The present, as the Second Part of the Third Volume, commences with the fourteenth tions on the proceedings between appearance, chapter, and contains introductory observaor bail above, and the conclusion of an action.

15. Of the instructions for declaration, and the declaration itself, and proceedings thereon, as practically affected by the recent statutes and rules.

16. Of proceedings to compel defendant to plead, viz. notice to plead, rule to plead, and demand of plea.

pay costs;-of affidavits, summons, and of judges' orders;-of motions;-of rules nisi ;shewing cause; -rules absolute;-costs;-attachments, &c.

THE Sixth Part, which has been recently 17. Of irregularities, nullities, and non-obpublished, of Mr. Chitty's General Practice, servance of mere directory regulations, times concludes the work. The fifth and sixth and modes of objecting to the same;-waivers parts, forming the third volume, relate more notices of applications, before summons or of objections;-notices of irregularities, and particularly to the mode of conducting an motions ;-of plaintiff's notice of having abanaction and defence, and other practical pro-doned his irregular proceeding, or his offer to ceedings, in the Superior Courts. Mr. Chitty has suggested numerous improvements, with a view to the real interests of the suitor, and to relieve the practitioner from sibility. He has also sought every opportunity of inculcating a course of proceeding which will redound to the honour of the profession; and has interspersed, as he states, a system of legal ethics, which, if adopted in practice, will inevitably advance the best interests of clients as well as practitioners."

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Mr. Chitty with much humanity, but not, in our opinion, with due consideration for the rights of creditors, (who are the parties injured, by the loss of their money or goods,) has advocated the abolition of arrest; and appears to have anticipated so confidently the success of the late measure in parliament, that he left a space in his present work for the purpose of detailing the provisions of the new law. We have the greatest possible respect for Mr. Chitty's extensive knowledge of the law and the practice of the courts; but, from all the information we have collected, (and we have some opportunities of collecting it accurately,) and from all we have read and heard, we are satisfied that the learned counsel is mistaken in the supposed propriety of this great alteration of the law; and we cannot, therefore, regret that he has been disappointed!

ant between declaration and plea.
18. The principal proceedings by a defend-

19. Proceedings by a defendant between declaration and plea, when he has not even a partial defence.

20. Proceedings between declaration and plea, where the defendant admits the action to be in part sustainable.

21. Of the practice as to pleas.

22. Of discontinuing ;-of the replication, rejoinder, and subsequent pleadings between plea and delivery of issue;-of pleas of matter of defence that has arisen pending the action; and of special cases after issue and before trial, 23. Of demurrers, and recent improved practice respecting them.

24. Of the issue and notice of trial.

25. Of the jury and jury process, views, the nisi prius record, and entering and passing same.

26. Of the evidence and witnesses to be adduced, and conduct towards the latter;-subpœna duces tecum; notices to produce ;-notices of grounds of defence, and admissions, &c.

27. Of preparing for trial, and final examination of the evidence and witnesses, and directing their conduct.

28. Of briefs in general,-mode of preparing the same,-delivery of briefs,-consultation with counsel, and exclusion of witnesses. 29. Of the trial and its incidents.

After this analysis of the contents of the
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