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thoughts on what the law is, and withdrawing it from the irrelevant question of what the law ought to be —his careful observance of a multitude of rules, (which afford the more scope for the display of his skill, in proportion as they are arbitrary, unreasonable, and unaccountable,) with a studied indifference as to that which is foreign from his business, the convenience or inconvenience of those rules, may be expected to operate unfavorably on his judgment in questions of legislation : and are likely to counterbalance the advantages of his superior knowledge, even in such points as do bear on the question. Whately's Rhetoric.
Anecdote of Judge Chase. On an application made to Judge Chase in the course of a cause, the plaintiff’s attorney presented his own affidavit, which he had taken care to make quite full enough. The affidavit having been read, the judge thus addressed the learned counsel, in the face of a crowded audience, “Sir, you have laid me under a particular obligation. In that affidavit you have sworn to a point of law, which I had been doubting about for twenty years.” The counsel never made Judge Chase's circuit again. Journal of Law.
A Narrow Escape. In the administration of criminal justice, we are informed, that the following circumstances occurred. A young man had been arrested, on the charge of knowingly passing a counterfeit bank note—the grand jury had found a true bill against him—and he was placed on his trial. The evidence in support of the prosecution was strong; the note had been passed in a way to create suspicion; the prisoner's explanations were embarrassed and unsatisfactory; and little doubt seemed to remain of his conviction. The evidence was closed excepting the examination of a clerk of the bank, on which the forgery was supposed to have been committed, for the purpose of showing that the note was spurious. The court were detained a short time, he at length arrived ; the note was placed in his hands, he examined it carefully, and pronounced it good. The accused was of course immediately acquitted. Journal of Law.
QUARTERLY LIST OF NEW PUBLICATIONS.
A Digest of the law of Evidence on the trial of Actions at Nisi Prius. By Henry Roscoe. Fifth edition, with considerable additions. By C. Crompton and E. Smirke. The Law relating to the Public Funds, including the Practice by Distringas, &c. By James John Wilkinson. A Selection of Precedents from Modern Manuscript Collections and Drafts of Actual Practice, &c. By Thomas Jarman. Third Edition. By George Sweet. Volumes 5 and 6. Commentaries on Equity Jurisprudence, &c. By Joseph Story. Second Edition. Commentaries on the Law of Agency, &c. By the same. A Treatise on the Law of Easements. By C. J. Gale and T. D. Whatby. Robinson's Magistrate's Pocket Book. Third Edition. By J. F. Archbold. The Law of Bills of Exchange, Promissory Notes, Checks, &c. By Cuthbert W. Johnson. Martin's Practice of Conveyancing Precedents, with practical notes. By C. Davidson. Vol. 3, Part 2. Practical Forms and Entries of Proceedings, in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas. By William Tidd. Eighth Edition. A Practical Treatise of the Law of Vendors and Purchasers of Estates. By sir Edward Sugden. Tenth Edition. Archbold's Practice of the Court of Queen’s Bench, in Personal Actions and Ejectment. Seventh Edition. By Thomas Chitty. Forms of Practical Proceedings, in the Court of Queen’s Bench, Common Pleas, and Exchequer of Pleas. By Thomas Chitty. Fifth Edition. Compendium of the Law of England, Scotland, and Ancient Rome. For the use of Students. By James Logan, Advocate. Parts 1 and 2. Of Marriage.
The Law and Practice in Bankruptcy, as founded on the recent statutes. By J. F. Archbold. Eighth edition. By John Flather. The Rise and Progress of the Laws of England and Wales; with an account of the Origin, History, and Customs, Warlike, Domestic, and Legal,—of the several nations,—Britons, Saxons, Danes, and Normans,—who now compose the British Nation. By Owen Flintoff. An Introduction to Conveyancing, and the History, Nature, Incidents, and Titles of Legal Estates. By Owen Flintoff. The Law of Real Property, with the Statutes relating thereto, down to the present time. Vol. 2. By Owen Flintoff. An Introductory Lecture on the Study of English Law, delivered in University College, London, on Monday, December 17, 1838. By P. Stafford Carey, M.A., Professor of English Law.
Theory of Legislation: by Jeremy Bentham. Translated from the French of Etienne Dumont, by R. Hildreth, author of “Banks, Banking, and Paper Currencies,” “Despotism in America,” “Archy Moore,” &c. 2 Volumes. 12mo. Boston : Weeks, Jordan & Co. 1840. A Digest of the Cases decided in the Superior Courts of Law of the State of South Carolina; from the earliest period to the present time. With tables of the names of the Cases, and of Titles, and References. By William Rice, Attorney at Law. In two volumes. Charleston : Burges and James, 1838 & 1839. A Digested Index of the Statute Law of South Carolina, from the earliest period to the year 1836, inclusive. By William Rice. Charleston : J. S. Burges, 1838. Reports of Cases in Chancery, argued and determined in the Court of Appeals and Court of Errors of South Carolina, from December, 1838, to May, 1839, both inclusive. By William Rice, State Reporter. Charleston: Burges and James, 1839. Machiavel's Political Discourses upon the first Decade of Livy. Interspersed with various reflections. Louisville : Prentice and Weissenger, 1840. [An interesting tract, originally published in the Southern Literary Messenger, by Robert Wickliffe, jr., of Louisville, Ky.] A memoir of Willian Rawle, L.L.D., President of the Historical Society, &c. By T. J. Wharton, Esq. Read at a meeting of the Council, held on the 22d day of February, 1837, and printed by order of the Society. With a letter from Peter Stephen Duponceau, Esq., to the author, containing his recollections of Mr. Rawle's life and character. Philadelphia, 1840.
Reports of Cases argued and determined in the Supreme Court of Judicature, and in the Court for the Correction of Errors of the State of New York. By John L. Wendell, Counsellor at Law. Volumes XX and XXI. Albany: Wm. & A. Gould & Co., 1840. A Treatise on the Common Law in relation to Water Courses. By Joseph K. Angell. Second Edition, much enlarged. Boston : Little & Brown, 1840. The Practice of Courts Martial. By Alexander Macomb, majorgeneral of the army of the United States. New York: Samuel Colman, 1840. Condensed Reports of Cases decided in the High Court of Chancery in Ireland. Edited by E. D. Ingraham, Esq., Counsellor at Law. Vol. XII. Containing the Cases decided by sir Anthony Hart, Lord Chancellor; and sir William M'Mahon, Master of the Rolls. Philadelphia: Grigg & Eliot, 1840. A Compendious View of the Civil Law, and of the Law of the Admiralty. By Arthur Browne. First American from the second London edition, with great additions. In two volumes. New York : Halsted & Voorhies, 1840. Reports of Select Cases decided in the Court of Appeals of Kentucky, during the Spring term of the year 1839. By James G. Dana. Volume VIII. Frankfort, Ky. : Printed for the Reporter, 1840. The Papers of James Madison, purchased by order of Congress; being his Correspondence and Reports of Debates during the Congress of the Confederation and his Reports of Debates in the Federal Convention; now published from the original manuscripts, deposited in the department of state, by direction of the Joint Library Committee of Congress, under the superintendence of . Henry D. Gilpin. In three volumes. Washington : Langtree & O'Sullivan, 1840.
Commentaries on Equity Pleadings. By Joseph Story. 21 Edition, with additions.
Page 480, line 14, for “latent” read “patent.”
Chase, Judge, Anecdote of, 492.
Circumstantial Evidence, Case of, 489.
Contracts, Law of, 1–23; 257–290; unlawful, 1; construction of, 257.
Critical Notices –Attorney General's Report, 477; Carey's Lecture, 476; .
...Rice's Equity Reports, 478; Rocco's authority of the laws of the kingdom
of the Two Sicilies in foreign countries, 482.
Drunkenness, Effect of, on Criminal Responsibility, 290–332.
Lawyers, Fitness of for Legislation, 491.
Legislation —of Alabama, 465; Georgia, 464; Illinois, 462; Massachusetts,
Light, Enjoyment and Use of, Legal rules regulating, 46–64.
Marks or Signs of Merchants and Traders, Piracy of, 138–146.
Narrow Escape, 492.
Seamen, Obedience of to the Master of a Vessel, 70–73. -
Winslow, John, Biographical Sketch of 366–370.