stated that upon search made among the records of the hospital, no statutes could be found directing its government; but that the same was then, and had been time out of mind, governed by customs and ways taken from and in pursuance of former grants and donations of the founder, which customs it proceeded to set out in detail, stating, among other things, that it had been the custom and usage that the master should receive all the profits and revenues, with which he was to bear the charge of the house, in manner therein particularly mentioned, and the repairs, and to retain the surplus to himself; and that upon the renewal of the leases, each brother was to receive 2d. in the pound from the tenants on the amount received by the master, such 2d. in the pound being paid by the tenants over and above the sums received by the master; but that the whole fines of copyhold estates had always been due and payable to the master only.

66

Upon this document Lord Guilford was sworn on his admission to office. The Court has overthrown it, and has declared that it was unauthorized and a fraud upon the charity, and that the master was not entitled to apply the fines to his own use; but whilst so ordering, the judge did not direct any account for the past, nor give costs against the defendant, a conclusion which could only be understood as meaning that although the so-called 'consuetudinarium' was void, yet it did, until set aside by the decree of a Court, afford some justification to Lord Guilford, as a document on the faith of which he took office.

"The case of St. Cross involved other questions to which it is unnecessary here to refer. The decision, with reference to an account and restitution of the fines, occasioned much public disappointment. It had been assumed as a matter of certainty, that as the abuse was patent, restitution to the charity would follow. Such might have been the case but for the existence of the consuetudinarium. The law officers of the Crown, after the decision, entered, with the assistance of the counsel, who with them had conducted the case, into a careful review of the whole facts, and arrived at the conclusion that there was no case for rehearing or appeal. The result of the proceedings is, that the old and vicious system of leasing on fines has been stopped; but the Court has found itself unable at once to replace the charity in the position which it would have occupied if the leases had not been granted by Lord Guilford. The chief benefit is prospective only; but eventually an income of 8,900l. per annum will be realized."

We commend the pamphlet, from which the above extracts are taken, to the perusal and earnest consideration of those philanthropists who feel an interest in the conservation and well-being of our Endowed Charities.

The Inventor's Guide, &c. By J. G. Moore. Parry and M'Millan, Philadelphia. Trübner and Co., London. 1855.

THIS is a useful and convenient manual of the Patent Laws of the United States. "It aims," remarks the author in his preface, "to direct the patentee how to proceed in obtaining a patent for an invention or design; it explains to him the relative bearings of the laws on all classes of discoveries; it indoctrinates him into the spirit of those laws, and points out to him the way to seek redress, and how to combat grievances." The work before us, we doubt not, will very serviceable to many, on this as well as on the other side of the Atlantic.

be

Kritische Zeitschrift. 2nd half of Vol. XXVII. 1855. THIS critical periodical of the Law, Jurisprudence, and Legislation of foreign countries, contains articles on the North American Marriage

Law.

The new Poor Law for the kingdom of the Netherlands, with the discussions thereupon in both chambers.

On the schemes for Codification of the Criminal Law, with the letters of the judges thereupon, and the letter to the Lord Chancellor, containing observations on the answers of the judges, by C. S. Graves and J. J. Lonsdale.

French Canon Law.

Report of the Academy of Legislation of Toulouse of 1852.
Sundry new French juridical works.

North American State Law.

An Improved Edition of the Statutes of the present Session. Edited by S. B. Bristowe and G. W. Hastings, Esqrs., Barristers-at-law. Wildy. Part I.

THIS is the first number of a very cheap and well-planned edition of the statutes of the current session, brought out under the auspices of two able and judicious editors.

Besides the above works, we have received the following pamphlets and magazines, some of which will hereafter from time to time be noticed, when the subjects of which they treat chance to occupy the public mind:

Injustice of the Law of Succession to Real Property of Intestates. By P. J. Locke King, Esq., M.P. Third edition, considerably enlarged. Ridgways. A Letter to Lord Brougham, by the Chevalier de Chatelain, on the question of Trusteeship in England. Hardwicke. -A proposed Plan for dealing with the Statute Law, in a Letter to the Lord Chancellor. By James Kempay, M.A. Benning and Co. -Suggestions for a General Index or Title to Real and Personal Property, in a Letter to the Lord Chancellor. By W. R. A. Boyle, Esq., of Lincoln's Inn. Wildy.-The Transfer of Land and Judicial Registration, a Letter to Sir R. Bethell, M.P., her Majesty's SolicitorGeneral. By C. Mills Roche, Esq., solicitor. Butterworths.-On the Amendment of the Bankrupt Law. Hodges and Smith, Dublin. -The Journal of Psychological Medicine and Mental Pathology, for July, edited by Dr. Winslow; the Westminster Review for July, 1855; the Assurance Magazine and Journal of the Institute of Actuaries for July; and the Asylum Journal, published by authority of the Association of Medical Officers of Asylums and Hospitals for the Insane, edited by Dr. Bucknill. We have also received three bulky pamphlets, containing a statement of facts, and a report of the judgment in the case of Talbot v. Talbot, in the Irish Ecclesiastical Courts, which came to hand too late to insure adequate attention in this number.

Events of the Quarter.

MISCELLANEOUS.

CHANCERY QUEEN'S COUNSEL.-Courts in which they practise.The following arrangement has been made as to the courts in which the Queen's Counsel will practise :

:

Master of the Rolls.-R. P. Roupell, Esq.; E. J. Lloyd, Esq.; Roundell Palmer, Esq.; B. S. Follett, Esq.

V.-C. Kindersley.-C. T. Swanston, Esq.; C. P. Cooper, Esq.; J. G. Teed, Esq.; James Campbell, Esq.; John Baily, Esq.; W. B. Glasse, Esq.; James Anderson, Esq.

V.-C. Stuart.-C. Temple, Esq.; J. Walker, Esq.; L. T. Wigram, Esq.; James Bacon, Esq.; R. Malins, Esq.; W. Elmsley, Esq.; R. D. Craig, Esq.

V.-C. Wood.-John Rolt, Esq.; Thomas Chandless, Esq.; John W. Wilcock, Esq.; W. T. S. Daniel, Esq.

The Law Amendment Society proposes to establish a West-end Law Library, and it requests donations of books.

The Articled Law Clerks propose the formation in the City of a Society having for its object the debating of legal and jurisprudential questions, and the intellectual improvement of law students who are articled, and who would be willing to give a society of that nature their encouragement and support. We wish their laudable enterprise every success.

JURIDICAL SOCIETY.-The last meeting of this Society before the long vacation was held on Monday evening, at its rooms, Trafalgarsquare. Harris Prendergast, Esq., in taking the chair, apologized for the absence of the Solicitor-General, who was prevented from being present by his parliamentary duties. Mr. J. Napier Higgins, one of the honorary secretaries, announced that several letters had been received from several distinguished persons to whom the first publication of the Society had been presented; among others from the Lord Justice Knight Bruce, and from Professor Mittermaier, of Heidelberg, who highly eulogized some of the papers which it contained. Mr. J. F. Macqueen read the paper of the evening, the subject of which was, "Divorce, especially in regard to the rights of wives." This Society is rapidly rising in practical utility and acknowledged reputation.

REFORMATORY SCHOOLS.-The magistrates of the West Riding, at the last quarter-sessions held at Pontefract, unanimously passed a resolution that it was desirable to establish, as early as possible, a Reformatory School for the West Riding, and that the Secretary of

State be memorialized accordingly. In the North and East Ridings of the county an association has been organized for the reform of juvenile offenders, under the presidency of his Excellency the Earl of Carlisle, the Lord-Lieutenant of the East Riding, and the patronage of many of the most influential noblemen and gentlemen of that part of the county. Nearly 1,000l. has been already subscribed. These schools will rapidly defeat their own object, and create a disastrous reaction and collapse of all better-directed effort. The State has no right to shift the charge of criminals to private hands and the experiments of philanthropy. It is an amiable furor just now which will have its day and expire.

MONUMENT TO THE LATE JUSTICE TALFOURD.-The mural monument subscribed for by the members of the Oxford Circuit, and sculptured by Lough, to the memory of the late lamented Justice Talfourd, has been placed in the Crown Court, Stafford, against the wall between the two galleries. The bust is life-size, but (says the Wolverhampton Chronicle) many whose personal knowledge of the late judge entitles their judgment to respect, are of opinion that the likeness is not a good one; and much of the effect of the whole is marred by some few misplaced ornaments, if we may be allowed such a term on such a subject. The base of the monumental tablet in which the bust is placed bears the following inscription :

On the Judgment Seat of this Court,
While addressing the Grand Jury,

:

ON MARCH XIII., MDCCCLIV.,

Bied

SIR THOMAS NOON TALFOURD, Knt., D.C.L.,
One of the Judges of the Court of Common Pleas,
An Accomplished Orator, Lawyer, and Poet.

The Members of the Oxford Circuit

Erected this Memorial

Of their Regard and Admiration

For their former Leader, Companion, and Friend.

SALARIES OF COUNTY COURT JUDGES. Mr. Lowe asked the Secretary to the Treasury (in Parliament last May) if the Government had any intention of taking steps to equalize the salaries paid to County Court Judges ?Mr. Wilson said, the question alluded to by his hon. friend had for the last two years received great attention on the part of Government, and after the most careful consideration Government last year thought themselves justified, considering the great duties performed by some of the judges, in raising their salaries to the highest point allowed by the Act of Parliament. In supplying these increased salaries the whole of the funds placed at the disposal of Government had been exhausted. Applications had been received from other judges for an increase; but he saw no reason for complying with their request; and even if there was one, there were no funds which might be made available.

This is a complete misstatement. The grossest partiality has been shown, and judges who have incomparably more work than the favoured metropolitan judges remain at the lowest salaries.

APPOINTMENTS, &c.

Mr. Justice Maule, owing to ill health, has retired from the Bench, which has lost in him one of the acutest minds and best-read lawyers this century has produced at Westminster Hall. The vacant judgeship has been worthily filled by Mr. Willes, though he had not yet attained a silk gown. This gentleman is of Irish parentage, and a scion of Trinity College, Dublin. He has been long distinguished for his abilities as a lawyer, and his appointment is wholly free from the taint of nepotism and jobbery so unfortunately rife. Mr. Justice Willes has gone the Midland Circuit.

A NEW COUNTY COURT JUDGE CALLED IN 1810.-Mr. C. Temple, Q.C., who at one time had business on the Northern Circuit, but who has long retired from the toils of the profession, has to the astonishment of the profession been appointed County Court Judge for Northamptonshire, on the decease of J. Wing, Esq., aged 41. When will Mr. Temple retire with his pension ?

Mr. Phinn, Q.C., has been appointed Secretary to the Admiralty, and retires from the profession and political life for a post purely official.

Mr. W. Atherton, Q.C., is appointed to the office of JudgeAdvocate of the Fleet, as well as counsel to the Admiralty, vacant by the resignation of Mr. Phinn.

The Recordership of Devonport, vacated by the appointment of Mr. Phinn to the Admiralty, has been given to Mr. C. Saunders, of the Western Circuit, who was backed by, no influence. He had the place simply because he was a fit man for it.

The new Chief Justiceship of the island of Corfu, involving every kind of judicial function, has been conferred, by Lord John Russell, on a Mr. Franklin Lushington, who was called to the Bar in 1853, and is almost wholly without practice.

NEW QUEEN'S COUNSEL.-Mr. Bovill, of the Home Circuit; Mr. Pickering, Mr. J. Wilde, and Mr. Overend, of the northern; and Mr. Whitmore, of the Oxford Circuit, have been sworn in as her Majesty's counsel.

TRINITY TERM, 1855.-Public Examination of the Students of the Inns of Court, held at Lincoln's-inn Hall, on the 18th, 19th, and 21st days of May, 1855. The Council of Legal Education have awarded to

John P. O'Hara, Esq., student of Gray's Inn, a studentship of fifty guineas per annum, to continue for a period of three years.