THE

LAW MAGAZINE:

OR

QUARTERLY REVIEW

OF

Jurisprudence.

AUGUST-NOVEMBER, 1855.

VOL. XXIII. NEW SERIES;

VOL. LIV. OF THE OLD SERIES.

LONDON:

PUBLISHED FOR THE PROPRIETOR, BY

BUTTERWORTHS, 7, FLEET STREET,
Law Publishers in ordinary to the Queen's Most Excellent Majesty.
EDINBURGH: T. & T. CLARK, AND BELL & BRADFUTE.
DUBLIN: HODGES & SMITH.

1855.

CONTENTS.

ART. I.-POINTS IN THE HISTORY OF OUR LAW

MERCHANT

..... Page 1

II. ON THE APPROPRIATION OF PAYMENTS

III.—THE MAY EXAMINATION PAPERS..................................

IV.-LORD BROUGHAM AND VAUX: HIS PRO-

FESSIONAL AND PARLIAMENTARY

CAREER

V.—THE TRANSMISSION OF THE EXECUTOR-

SHIP

VI.-SKETCHES OF THE IRISH BAR, &c.

21

50

66

110

119

129

......

VII. THE COUNTY COURTS COMMISSION

VIII. THE LAW OF THE CONSTRUCTION OF

WILLS

IX. THE STATUTE LAW COMMISSION

141

........ 148

X.—ENGLISH COURTS IN SAXON TIMES

XI.-SMITH'S LAW OF LANDLORD AND TENANT

158

167

Holman v. Loynes, 188; Stevens v. Benning, 189;

Broughton v. Broughton, 190; Powdrell v. Jones, 191;

Brewer v. Swirles, 191; Arnold v. Coape, Coape v.

Arnold, 192; Powys v. Blagrave, 192; Vincent v.

Godson, 193; Beech v. Keep, 193; Matthison v.

Clarke, 194; Wilson v. Lord Dunsany, 194.

COMMON LAW PROCEDURE ACT

195

SHORT NOTES OF NEW BOOKS:

The Law of Contracts, 197; Cornish's Treatise on Pur-

chase-Deeds of Freehold Estates, and incidentally

of Leasehold Property, with Precedents and Prac-

tical Notes, 198; A Manual of the Practice and

Evidence in Actions and other Proceedings in the

County Courts, with the Statutes and Rules, 199;

An Introduction to the Study of Jurisprudence;

being a Translation of the General Part of Thibaut's

System des Pandekten Rechts; with Notes and

Illustrations, 199; Commentaries upon Interna-

tional Law, 200; The Law relating to the Probate,

Legacy, and Succession Duties, including all the

Statutes and Decisions on those subjects, with

forms and Practical Directions, 202; A Treatise on

the Administration of Trust Funds under the

Trustee Relief Act, with an Appendix, containing

the Trustee Relief Act, and the Act for the further

Relief of Trustees, the General Orders and Forms

of proceedings, 202; The Endowed Charities, with

some Suggestions for further Legislation regarding

them, 203; The Inventor's Guide, &c., 204;

Kritische Zeitschrift, 205; An Improved Edition

of the Statutes of the present Session, 205.

EVENTS OF THE QUARTER

LIST OF NEW PUBLICATIONS.

206

213

CONTENTS.

ART. I.-LIMITED LIABILITY

...Page 215

II. ON THE COMPETENCY OF LOAN-CON-

TRACTORS TO SIT IN PARLIAMENT... 259

III.-SOME REMARKS ON THE WRIT OF HABEAS

CORPUS AD SUBJICIENDUM, AND THE

PRACTICE CONNECTED THEREWITH... 278

IV. PERSONAL PROTECTION ACQUIRED

THROUGH BANKRUPTCY AND INSOL-

VENCY

V.-LORD LYNDHURST: HIS PROFESSIONAL

AND PARLIAMENTARY CAREER ................

VI.-THE STATUTE LAW COMMISSION:-ITS

PRESENT EXIGENCIES

293

321

368

VII.—ON PRESUMPTIONS IN CRIMINAL CASES. 374

VIII.-THE SUMMARY PROCEDURE ON BILLS OF

EXCHANGE ACT, 1855.............

SHORT NOTES OF CASES:

EQUITY.

Armstrong v. Armstrong, 400; Coombes v. Mansfield,

401; Farina v. Silverlock, 402; Hitchman v. Stewart,

402; Watson v. Knight, 402; In Re Hungerford, and

in Re The Rugby and Stamford Railway Company,

403; Other v. Iveson, 403; In Re The London Dock

Company's Act, Ex parte Taverner, 404; Sillibourne

v. Newport, 404; Woodward v. The Eastern Coun-

ties and London and Blackwall Railway Company,

404; Briggs v. The Earl of Oxford, 405; Andrews v.

VOL. LIV. NO. CIX.

388