the proem, 2; analytical account of books, 4; the author's resolutions, ib.; his hints for the relief of mental ex- haustion, 5; objections to most of the published courses of law reading, 7; suggestions for the student's guidance, 8 et seq.; selection of a pleader, 12; requisites of an advocate, 13; expe- diency of attending debating clubs, 18; attendance in court, 25; quotations from Serjt. Talfourd's article on this subject in the London Magazine, 26; remarks thereon, 32
Law, W. J., his supplementary paper to the report on bankruptcy and insol- vency, xxvii. 249
Lawyers, duties of, Mr. O'Brien's work
on, reviewed; xxxi. 1; account of the author, ib.; duty of a barrister in un- dertaking and conducting a cause, 4; how far he represents his client, 9; Mr. O'Brien's remarks on the lawyer's choice of a calling, 16; the lawyer ad- vising on evidence, 17; consultations,
18; the lawyer pleading in civil causes, 19; drawing of deeds and wills, 22; the lawyer on circuit, 23; duties with respect to fees, 24; the lawyer's cour- tesy, and intercourse with attorneys, 26 Lawyers, political, of the 17th century,
Mr. Townsend's memoirs of, xxx. 350; Maynard, 355; Sawyer, 362; Wil- liams, 365; Price, 370; Shower, 373; Lechmere, 376
Leases, renewable for lives, law relating
to, discussed, xx. 124; liability of equi- table mortgagees of leases to perform the covenants, xxiii. 295 Legacies, interest on, xxx. 218 Legal estate, the protection to be derived
to purchasers from getting it in, con- sidered, xx. 310
Legitimation, law of England relating to, considered, xxix. 267. See Marriage. Lerminier, M., editor of Le Droit, his curious account of English law and lawyers, xv. 233
Lewis, G. C., his appointment as one of the Poor Law Commissioners, xxi. 230; his essay on the government of depen- dencies reviewed, xxviii. 122 et seq. Libel and Defamation Bill, Lord Camp- bell's, alterations introduced by, xxx. 152; remarks thereon, ib. Lien, for repairs of ship, law relating to, xiv. 98; the doctrine of and authorities relating to equitable lien discussed, xv. 60-82,98-118; circumstances under which it is extinguished, 99 et seq.; of owner and master of ship for freight and charges, 370; xvi. 337
Lincoln's Inn, new hall and library of, described, xxix. 108
Littledale, Mr. Justice, his resignation,
Littleton, notice of his life, xxvi. 285 Lloyd, J. H., his edition of Paley on the law of principal and agent, xxiii, 1 Local Courts Bill, the new, xxv. 310; Mr. Fox Maule's pretensions as a law reformer, 311; absurdities of the bill, 313; small number of judges, ib.; working of the system in Ireland, 314; form of summons, 318; mode of ser- vice, 321; warrants, ib.; evils arising from the want of proper juries, 322; obstructions in the way of plaintiffs, 326; adjudications between landlords and tenants, 328; examination of the clauses of the bill, 331; new bills in- troduced, xxvii. 485; remarks thereon, xxix. 508; its provisions examined, xxxi. 364
London Police Bill, impolitic concession of the government on, xxi. 450 London Review, observations upon an
article on Law Reform in, xiv. 486, 487 Loughborough, Lord Chancellor, life of, xiii. 59; his family, birth, and educa- tion, the Scottish clubs of his day, ib.; interruption of his practice at the Scotch bar, 61; comes to practise in London, ib.; his fondness for dramatic society, 62; called to the bar, 63; returned to parliament, 64; specimens of his par- liamentary oratory, 64-70; appointed solicitor-general, 70; his invective against Franklin, 71; made attorney- general, 72; chief justice of the com- mon pleas, 73; raised to the peerage, ib.; presides at the trial of the rioters of 1780, ib.; his character as a common law judge, 75; his political career, 76; appointed lord chancellor, 78; his ju- dicial character and merits, 79; resigns, 86; created Earl Rosslyn, ib.; his death, 87; various anecdotes of him, 87-89; his measures of legislation, 89; his treatise on prison discipline, 92; his patronage of literary men, 95; general summary of his character, 99 Ludlow, Serjt., appointed a bankrupt com- missioner, xxviii. 513
Lunacy, law of, xx. i.; character of Mr. Stock's work on, ib.; various jurisdic- tions over, 2; their different degrees of dispatch, 3; different amount of proof required by them, 4; unsatisfactory nature of the criminal jurisdiction in cases of lunacy, 11; law and practice as to criminal lunatics stated, ib. et seq.; remarks on Thom's case, 15: Scotch proceedings in lunacy, xxii. 386; bill for remedying the law of, xxiii. 266; new commissioners under it, 513 Lush, R., his edition of the Wills Act,
xix. 132, 150 and of the Imprison- ment for Debt Act, xx. 328 et seq: his Practice of the Superior Courts re- viewed and commended, xxiv. 388 Lynch, Mr., his plan of an appellate ju- risdiction, xv. 236
Lyndhurst, Lord, appointed a second time lord chancellor, xiii. 276; his resigna- tion, 534; his observations on the cor- poration commissioners, xiv. 486; ap- pointed the third time lord chancellor, xxvi. 476
Lyne, James, his Treatise on renewable leases for lives, xx. 124
M'Naughton, trial of, xxix. 378; prin- ciples of exemption from punishment by reason of unsoundness of mind, how far elucidated thereby, ib.; speeches of the counsel, 378, 380; summary of the evidence, 386; examination of the supposed tests of insanity as a defence in criminal cases, 391; value of medi- cal testimony in these cases, 395; exa- mination of the evidence of insanity in M'Naughton's case, 396; expediency and justice of punishment in such a case as his considered, 401
Macqueen, John, his Treatise on the ap- pellate jurisdiction of the House of Lords and Privy Council reviewed and commended, xxix. 1 et seq.
Malta, ordinance relating to the press in, xxi. 451
Marine insurance, law of, xviii. 85; prin- ciples of, ib.; legal effect of the con- tract of insurance, 86; history of the law of marine insurance, ib.; by whom an insurance may be effected, 91; and on what, 93; ships, 94; goods, 95; freight, ib.; the profit on goods, 96; the interest necessary for that purpose, 99; statute relating thereto, 100; the interest in the ship, 106; in freight, 108; and in goods, ib.; on what ad- venture an insurance may be effected, 111; what are unlawful adventures, ib.; form and requisites of a policy of insurance, 302; difference between those effected by insurance companies and at Lloyd's, 303; specimens of each, 304; rules of construction of the policy, 307; analysis of a policy of insurance, 308; 1st, the name and description of the assured, ib.; 2d, the description of the subject insured, 311; 3d, the state- ment of the amount insured, 318; 4th, the statement of the voyage or adven- ture, 319; termini of the risk on ship, 324; on goods, 336; and on freight,
337; the course of the voyage, xix. 319; construction of the clause for liberty to touch, &c. 320; time policies, 325; the perils insured against, 326 et seq.; perils of the sea, 327; fire, ib.; capture, ib.; losses by piracy, &c. ib.; jettison, ib.; arrest and detentions by foreign powers, ib.; barratry, 329; general misadven- tures, 332; the memorandum of war- ranty against particular average, ib.; construction of it, 334; and of the clause as to stranding, 335; what is a stranding, 336; the premium, 340; the subscription to the policy, ib.; the stamp, ib.; express warranties intro- duced into policies, 342; warranty to sail, ib.; that the ship was safe on a given day, 346; to depart with con- voy, ib.; that the property is neutral, 347; that the ship shall be free from seizure in port, 348; the question what is a loss within the policy investigated, xx. 87; the loss must result immediately from the peril insured against, 89; cases illustrative of this principle, ib.; distinction between a total and an average loss, 93; law of abandonment, 94; when a loss is to be deemed total, 95; in an insurance on ship, ib.; on goods, 98; on freight, 99; when aban- donment is not necessary, 100; when it is necessary in order to a claim for a total loss, 104; when effectual for that purpose, 105; how to be made, 112; when binding, 113; exceptions which invalidate or reduce the claim of the assured upon a loss, xxi. 87; objections to the form of the policy, ib.; to its substance, ib.; what is a misrepresen- tation or concealement so as to avoid the policy, 89, 94; effect of breaches of warranty, 103; conditions implied in the policy, ib.; of seaworthiness, ib. ; against unreasonable delay, 106; ex- ceptions which discharge the obligation of the insurer after it has attached, 109; deviation, cases relating to, 110; change of the ship, 119; breach of warranty of neutrality, 120; fraud or illegality, ib. Maritime right of search, discussed, xxvi. 88-97
Marriage, legitimation, and divorce, law of
England relating to, considered, xxix. 267; requisites of a legal marriage, ib. et seq.; insufficiency of the present marriage law, 269; necessity of greater parental restraint, ib.; suggested altera- tion in the publication of banns, 272; evils of the Scotch law, ib. ; doctrine of legitimation by subsequent marriage beneficial, 277; English law as to bas- tards condemned, 284; conflict of the Scotch and English law of divorce, ib.;
proposed amendment of both, ib. 298; evils and absurdities of the English law of adultery and divorce, 285 et seq.; indissolubility of marriage, except by parliament, considered, 291; summary of proposed amendments, 304; list of Scotch decrees of divorce, 305 Marriage, within the prohibited degrees,
new act relating to, xiv. 238; with the sister of a deceased wife, legality of, xxi. 371; history of this question, 372; necessity for legislative interference, 375; conflict of the English and Scotch law of marriage considered, xxvi. 125- 138; marriages in Ireland, act for the confirmation of, xxviii. 503; whether a clergyman refusing to solemnize a mar- riage, is punishable at law, xxx. 337 Marriage settlement, sale under power in, after mortgage by tenant for life, xxvi.
Married women, their contracts at law and
in equity, statement of the law relating to, xxvi. 288; in what cases a married woman cannot be sued at law, though separated from her husband, ib.; when she may sue or be sued, notwithstand- ing her coverture. 295; her capacity to bind her separate estate in equity by her contracts, 300; on the protection of, in criminal cases, xxix. 371 Masters' Offices, facts and suggestions respecting, xxv. 97; Mr. Pemberton's description of the alleged evils, ib.; answers thereto, 99
Maugham, Robert, his edition of the new
Attorneys' and Solicitors' Act, xxx. 394 Maule, Sir W. H., his appointment to the bench, xxi. 229; transferred from the Exchequer to the Common Pleas, xxiii.
Mercantile insolvency, defective state of the law relating to, xviii. 1; expence of bankruptcy proceedings, 4; superiority of the law in the continental states, 10; and in Scotland, 17; imperfections of the recent alterations in the law of bankruptcy, 23; remarks on Mr. Fane's letter to the attorney-general, 28 Mercantile law, series of papers on, con-
tinued, xiii. 100, 365; xiv. 97, 297; xv. 83, 354; xvi. 119; xvii, 297; xviii. 85, 302; xix. 319; xx. 87; xxi. 87 Merchant shipping, law of, xiii. 100; col- lections of maritime laws of various countries, 101; law of England as to the ownership of merchant vessels, by building, 103; by purchase, 104; and by capture, 110; particular provisions as to the ownership of British vessels, 112; sketch of the history of the Navi- gation Laws, ib.; provisions of the ex- isting Navigation Act, 115-118; and of the Registry Act, 118-134; mutual
legal rights of part owners, 365 et seq.; authority and liabilities of ship's hus- band, 372; rights and liabilities of part owners in relation to strangers, 374; provisions of the Navigation Act as to the master and crew, 376; ap- pointment of the master, 379; his dis- missal, 381; his rights against the owners, 382; his responsibility and powers, 383; his liability on contracts made by him as agent, 386; who are chargeable on contracts for repairs and furnishing, 388; and to what extent, 398; nature of the charge, 400: the same subject continued, xiv. 97; specific charge created by lien, ib.; and by hy- pothecation, 99; nature and incidents of the contract of bottomry ib.; requi- sites of a valid hypothecation, 103; master's authority to sell the ship, 107; relative duties and liabilities of the master and crew, 110; law relating to pilots, 113; and to convoy, 119; law relating to the hiring, service, &c., of merchant seamen, 297 et seq. ; the hiring, 298; the service, 306; their remuneration, 313; earning of the wages, 314; time and mode of payment, 326; remedies for enforcing it, 330; law relating to apprentices on board merchant ships, ib. ; observations on the new Merchant Seamen's Act, 335: con- tract of affreightment described, xv. 85; the charter party, ib.; freight, applica- tion of the term, 86; various kinds of hiring under the contract of affreight- ment, illustrated, ib.; and applied to the case of a ship, 87; mutual relations of the owner and charterer in each case, 94-100; the obligations created by contract, 100; bill of lading, 101; its form, 102; the obligations created thereby relating to the shipment, 103; as they affect the freighter, 104; and the owner, 112; the obligations relating to the carriage and delivery, 354; duties of the owner as a carrier for hire, ib. ; as to the preparation for the voyage, 355; the seaworthiness and equipment of the vessel, ih.; as to the voyage it- self, 360; clearing out and sailing, ib.; convoy, 361; in respect to deviation, 362; resistance to hostile attacks, 363; in case of injury by perils of the sea, 364; or on the breaking out of war, 366; precautions to be observed as to the security of the cargo, ib.; discharge and delivery of the cargo, 367; effect of the stoppage in transitu, 368; lien of the owner or master on the cargo for freight and charges, 370; controlling authority of the law over express cove- nants of charter parties, ib.; reservations of law in favour of the owner, 373;
distinctions between the liability of the owner and the master, 376; statutory provisions on this subject, 378 et seq.; obligations relating to the payment of the charges, xvi. 119; law of freight, ib.; modes in which it is reserved, 120; when and how earned, 125; payment of freight where the goods arrive at their destination, but damaged and reduced in value, 138; where a part only arrive, 140; and where they are carried to a point short of the port of destination, ib.; by and to whom freight is payable, 154; means whereby it may be en- forced, 337; by lien, ib.; by action against the freighter, ih.; demurrage, 342; law as to general average and sal- vage, 346; jettison, 351; other cases of general average loss enumerated, 355 et seq. on what the contribution of general average is to be assessed, xvii. 297; principle and mode of assess- ment, ib.; salvage, definition of, 303; the acts which confer a right to salvage, 305; the statutes relating to it, 308; the rate of remuneration, and tribunals whereby it is adjusted and enforced, 314; apportionment of the shares among the claimants, 321; the parties by whom and interest on which salvage is payable, 324; law of collision, 326 Mence, R., his pamphlet on the mutual rights of husband and wife, xxi. 171 Merewether, Serjeant, and A. H. Ste- phens, their History of Boroughs and Municipal Corporations reviewed, xiii.
Metropolitan police offices, report of the
select committee on, xx. 481: Police Courts' Act, observations on, xxii. 488 Military law, xiv. 1; utility of a general acquaintance with it, 2; Blackstone's misstatements on it, ib.; history and origin of the Mutiny Acts, 4; sketch of the provisions of the existing act, 6; the royal authority in military matters, ib.; nature of the several kinds of courts martial, 9; their jurisdiction and practice, 11 et seq.; punishments they may inflict, 23; revision of their sentences, 26; liability of members of them to actions, &c. 29
Mill, J. B., his notions on law reform, xiv. 487
Miller, John, his pamphlet on the unset-
tled condition of the law, xxi. 338, xxiii. 357; changes in public opinion since the appearance of his inquiry into the civil law of England, 357; his sum- mary of recent legislative changes in the law, 359; measures recommended by him, 366; present state of the.com- mon law courts, 369; appointments of judges, 372
Mittermaier, M., paper by, on criminal legislation and jurisprudence in Ger- many and Switzerland, xv. 119: his essay on the effect of drunkenness on criminal responsibility, xxvi. 392 Mohl, Robert, his system of preventive police, xxiii. 370, 3837227 Moile, N. T., his specimen of a new edi-fo
tion of the state trials in verse, xxi. 328 More, Sir John, notice of his life, xxvii.398 Mortgagees and mortgagors :-remedies of mortgagees for the recovery of rent discussed, xvi. 305; in the case of a ! mortgagee who has the legal estate, iba; where the tenant is in under a demise prior to the mortgage, ib.; where under a demise subséquent, 306; remedies in 7 the case of a second mortgagee, or the mortgagee of a mere equity, 308; rẻ..." medies of a mortgagor for rent, 311: rights of mortgagee against a tenant, xxiv. 113; as to title deeds remaining with a mortgagor, 352 Mortgages, remarks on Mr. Cruise's sum- mary of the law relating thereto, xiv. 362 imperfections of the existing form of, xxii. 312; proposed form of, 315: further inconveniences of the present form stated, xxv. 393; proposed form, 396; remarks thereon, 404: mortgages and conveyances, stamp duties on, xxvii. 67
Moxon, Mr. Serjeant Talfourd's defence of for the publication of Shelley's works, xxvi. 139
Next of kin, limitations to, summary of the authorities on, xiv. 121; conflicting decisions on this subject, 123; obser- vations, 130 et seq.
Nominal consideration, statement of, in deeds operating under the Statute of Uses, its effects considered, xviii. 294 Non compotes mentis, law of, xx. 1. See Lunacy.
Non-intrusion, discussion of the questions agitated in the Scotch church relating to, xxiv. 131-165; legality of the or- dinances of the General Assembly con- sidered, ib.
Notice by equitable incumbrancers, doc- trine of, xiv. 365
Notice to quit, law relating to, collected, xxii. 85 et seq.
Palgrave, Sir F., his Rise and Progress of the Anglo-Saxon Commonwealth, xxviii. 388; picture of a Witenagemot by, 404..
Pardessus, M., his admirable collection of maritime laws, xiii. 100. Parishes, liability of, to contribute to the repair of turnpike roads, law relating to, discussed, xxiii. 96 et seq. Park, Mr. Justice, death of, xxi. 229. Parliament, publication of printed papers by, xviii. 249; deficiencies in the re- port of the committee thereon, ib.; case of the Earls of Arundel and De- vonshire, ib.; remarks on Thorp's case, 250; cases as to the claim of privilege from being impleaded in per- sonal actions, 255; result of them, 260; privileges of parliament exa- minable in the courts of law, 264; opinions of Clarendon and Hallam cited, 266; remarks on the particular case of Stockdale v. Hansard, 267: state of the question, xix. 241: dis- cussion on the parliamentary privilege in Stockdale v. Hansard, xxi. 452: re- marks on the same question, xxiii. 227; termination of the question, 450. Parochial Assessment Act, considered, xx. 152.
Partition of an estate with an exception of coal mines, observations on, xxv. 50. Partners, retiring and continuing, rights joint creditors on the bankruptcy of and liabilities of, xxi. 320; rights of continuing partners, ib.: a partner's share of real estate, devolution of, xxiii. 98.
Partnership, law of, and accounts, Mr.
Cory's work on, reviewed, xxv. 1; system of mercantile accounts, ib.; partnership accounts, 5; mercantile principle of a partnership, ib.; expe- diency of giving partnerships a corporate character, 7; anomalies in the law of partnership, 8; especially in case of bankruptcy, 16: bequest of a share in, operation of, xxx. 128.
Patteson, Mr. Justice, unfair attack on him in the Times newspaper, xxv. 242. Pay and pensions, assignability of, review of the cases on, xxvi. 350.
Penitentiaries of America, xiv. 31. See American Penitentiaries.
Pepys, Sir C. C., appointed Lord Chan- cellor, and created Baron Cottenham, xv. 235.
Perpetuities, remarks on the rule against, xxix. 70.
Perry, Erskine, appointed a judge at Bombay, xxv. 246.
Phillips, C., appointed a bankrupt com- missioner, xxviii. 513.
Pilots, regulations of the laws as 'to, xiv. 113.
Piracy of marks or signs of merchants and traders, law relating to, xxii. 148. "Plea for the imprisoned," extracts from and remarks on this pamphlet, xxvii.
Plowden, notice of the life of, xxix. 335. Police, rural, report of the commissioners
on, reviewed, xxi. 258; general re- marks thereon, 259; number of habi- tual depredators in rural districts, 261; migratory habits of thieves, 264; ac- counts of their own habits furnished by thieves, 266; arts of pocket-picking, 275; gypsies, 277; flash houses, ib.; farm robberies, 279; stealing from la- bourers, 280; incapacity of parish constables, 282-292; Welsh mobs, 283; insecurity of travellers, 289; thefts on canals, &c. 286; wreckers, 288; strikes and unlawful combina- tions, 291; necessity and effects of voluntary associations for the protec- tion of property, 295; inefficiency of the Cheshire constabulary force, 298; number and expense of the requisite police force, 301; appointment and management, ib.; propositions of the commissioners, 302; benefits and evils of centralization, 304; preventive po- lice, establishment and details of, con- sidered, xxiii. 376 et seq. 16 Pollock, Sir F., appointed Attorney-Ge- neral, xiii. 278: his resignation, 534: re-appointed, xxvi. 476 appointed chief baron of the Exchequer, xxxi. 483 Poor Law Amendment Act, suggestions relating to the bastardy clauses of, xiii. 274: progress of the new law, xv. 500. Poor Law Commissioners, their proceed- ings, xiii. 422; picture of the evils' and results of able-bodied pauperism, 423 et seq.; prudent dealing of the commissioners with this system, 433; formation of unions, 434; union régu- lations, 435; regulations as to relief, 437; successful progress of the poor law reform, 438: observations on their first annual report, xiv. 484: their second report, xvii. 226; their power of interference in parishes governed by local acts, 351
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