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business, and efficacy of our various courts of justice, and arranging that information in an accessible and instructive form, how certain, we say, it is that such a plan, once clearly propounded, will meet with eager support from the public, from the Bench, and from the Bar. Again, the advocate for establishing a system of judicial statistics has no vested interest to contend against. This is a most important consideration in estimating the chances of a speedy success. We believe that not a single measure of law reform has been as yet propounded which has not aroused the hostility of some section of lawyers. The Common Law Bar are willing enough to reform the Court of Chancery, and the gentlemen of Lincoln's Inn have a keen eye

for the abuses on the other side of the Hall; while both are ready to join forces in order to sweep away Doctors' Commons. But though all are ready, more or less, to swim with the stream, none are desirous of cutting their own throats in doing so; and though the Bar are certainly not open to the reproach of any wilfully selfish opposition to the amendment of the law, yet their eyes, like those of other men, have failed sometimes in a clear vision where their interests, real or fancied, happened to be at stake. But through the whole range of the legal profession, we know not of any class likely to suffer in any way by the establishment of a Judicial Statistical system. We have heard, indeed, of a bench of magistrates who refused to assist in the administration to the public of that infinitesimal dose of criminal statistics prepared by the Home Office, in the shape of a new and uniform calendar of prisoners. The quarter sessions Hampdens stood by their ancient calendar, wisely considering that there was no knowing where such innovation might stop, and that Mr. Redgrave's forms might be the thin end of a wedge about to be driven into their lives and liberties. But such wisdom as this is rare in our degenerate age; and we may safely conclude that the great majority of our judicial officers, from the highest to the lowest, will gladly lend a helping hand to exhibit the nature and machinery of their respective courts. In the third place, the Government, whatever party may be

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VOL. 1. NO, I.

in power, will be ready to push on the work. Men in office feel the deficiencies in necessary knowledge which arise from the want of any organized returns of our judicial administration. In criminal matters, this is especially felt; and as Law Reform is more and more pressed on the attention of Cabinets, it is found that the data for the improvement of civil justice are equally wanting. The attention of the Home Office has been for some time directed to the subject; and with an under secretary so well acquainted with legal matters, and so able and intelligent, as Mr. Massey, we do not doubt that official inquiry will flow into the proper channels. At all events, there will be no prejudices in Downing Street against the adoption of the plan.

With these favourable circumstances for once arrayed on the side of a real improvement of our administrative system, we may anticipate a speedy success for the advocates of the collection of judicial statistics on one settled plan. But what is this plan to be? Here, in truth, lies the only difficulty in the way. The French system is too elaborate, too perfect, to be introduced here at first with any chance of success. We must never forget that we have not merely to sketch out a plan for the work, but to teach our officials how to carry it out. Hitherto we have had nothing like Judicial Statistics, as they are known in most continental countries, and we cannot organize the whole machinery at once. We imagine that for some years our efforts must be, in a great degree, tentative and educational in their nature; but the better plan we start with, the sooner we shall arrive at real working results. We are aware that the Law Amendment Society have turned their attention to the subject, and we are convinced that they could not make themselves more useful than by preparing some good tabular forms, after which the returns from all our Courts might be made. We insist on this the more, because, while approving highly of the general scope of the resolutions which Lord Brougham brought forward in the House. after the termination of his speech, we observed some details which were in our opinion open to improvement.

We shall watch with great interest the progress of this movement, for we are convinced that the due administration of justice in this country, and in a considerable degree the advance of the science of jurisprudence, will depend on an ample and well-arranged collection of facts, which will throw light on the internal machinery of our Courts, and on the whole course of justice in all its branches.


We regret that, owing to the miscarriage of a proof, the following Errata have escaped correction :Page 39, 1. 14 from foot, for "Reformation” read“ separation."

40, 1. 19, before case insert “ Long-Wellesley."
41, 1. 5 from foot, for “166” read “16 b.
43, 1. 1, for “ addressing” read “ advising.”
Ib. I. 17, for “hamper” read “transfer.”

45, l. 5, dele “not.” - 48, 1. 7 from foot, for “ministers” read “members.”

Short Notes of Cases;






By O. D. TUDOR, Esq., Barrister.



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House of Lords

5 H. L. Cas. (Clarke) Part 2.

* 2 Macqueen, Part 1. Lord Chancellor and Courts of Appea! } 5 De Gex, Mac. & G. Part 2.

19 Beav. Part 3. 20 Beav. The Master of the Rolls

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Vice-Chancellor Kindersley
Vice-Chancellor Wood
Lord Chancellor and Master of the

3 Drew. Part 6.
2 Kay & Johns. Parts 1, 2.

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Rolls of Ireland

4 Ir. Ch. Rep. Parts 8, 9, 10.



1. Banking Company-Transfer of Shares according to Form of Deed, or by Practice of Directors—Proceedings against Shareholders. 2. Charity Lease-Offer of increased Rent-Allowance to old Tenants. 3. Co-sureties--Execution of Deed by one only-Alteration of Position of SuretyEquitable Relief. 4. Fraud on Power of Appointment. 5. Husband and Wife-Separate Use-Restraint on Anticipation-Acquiescence in Use of Money by Husband. 6. Judgment—Statute 1 & 2 Vict. c. 110–Neglect to Re-register-Effect of Re-registration. 7. Legal Estate-Equities-Priorities. 8. Nun-Profession-Civil Death. 9. Partnership for limited Purpose -Solicitors—Share of Profits in the absence of Contract. 10. Principal and Agent-Insurance Company, how far bound by Statement of Local Agent. 11. Solicitor and Client-Gift to Solicitor by a Will drawn by himself, not set aside on Ground of Presumptive Fraud. 12. Trustee

Breach of Trust — Liability of Acting Trustee, though not an Active Trustee. 13. Trustee acting as Solicitor-Professional Remuneration. 14. Vendor and Purchaser—Purchaser's Lien for prematurely paid Purchase-money. 15. Voluntary Settlement by person indebted-Fraudulent against Creditors under 13 Eliz. c. 5–Bill filed by person becoming a Creditor subsequent to Voluntary Settlement.

1. BARGATE V. SHORTRIDGE. 5 H. L. Cas. 297. Banking Company-Transfer of Shares according to Form of Deed, or by

Practice of Directors-Proceedings against Shareholders. By the deed of settlement of a banking company established under 7 Geo. 4, c. 46, it was declared that no transfer of shares should be permitted, except upon notice to the directors, and on the consent thereto of a Board of Directors; such consent to be signified by a certificate in writing, signed by three directors at the least. If such consent was refused, the shareholder might require the directors to buy his share at the market price of the day. After a consent given, the name of the transferee was to be entered in the share-book, and the entry there was to be conclusive against him. A shareholder, having given proper notices to the directors to be allowed to transfer his shares, received back consents signed by three directors, on which he completed the transfers, and they ceased to treat him as a shareholder. It was held by the House of Lords, affirming the decision of the Master of the Rolls (16 Beav. 84), that the directors could not set up their own want of observance of the formalities required by the deed of settlement, in not having submitted the notices to a Board of Directors,” and obtained consents from such “ Board,” as a ground on which to fix the former shareholder with liability as a continuing shareholder; their course of dealing bound them, and he was released. “Great injury,” said Lord St. Leonard's, “would be inflicted upon parties who should enter into a company, if the company might with perfect impunity disregard its own forms and ceremonies, admit parties to a partnership, permit them to leave it, and admit other parties to come in as partners in their place, and then take advantage of a slip in point of form, and annul the whole transaction."


19 Beay. 538.

Charity Lease-Offer of increased Rent - Allowance to old Tenant.

An order was made in a suit that the Master of a charity should be at liberty to let a farm to the old tenant for twentyone years, at a rent of 8001. a year. After the lease had been

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