The Legal Doctrine of Responsibility in Cases of Insanity, Connected with Alleged Criminal Acts

READ BEFORE

THE JURIDICAL SOCIETY.

1858-1863.

VOL. II.

MECA

LONDON:

WILLIAM MAXWELL,

Law Bookseller and Publisher,

32, BELL YARD, LINCOLN'S INN.

1863.

M'Corquodale & Co., Printers, London.-Works, Newton

CONTENTS.

I.-ON THE HINDU AND MOHAMEDAN LAWS, AS ADMINISTERED IN INDIA, AND IN

CONNECTION WITH ENGLISH LAW. By W. H. BENNETT, Esq.

Recent indifference and new spirit of inquiry, 1; Gentoo and Moha-

medan Law, 3; Hindu Law, the Vedas and Institutes of Menu, 4;

Classification of Subjects, 6; HINDU LAW with regard to Property in

general, 7; Family Property, 8; Woman's Property, 9; Property of

Religious Institutions, 9; Jura Regalia, 9; Title to property, how

acquired, 9; Courts of Arbitration, 10; MOHAMEDAN LAW: the

Koran, 11; Sunnahs, Hadis, &c., 12; Rights of Persons, 14; Taxation,

14; Clergy and Laity, 15; Power of Alienation of Property, 15;

Relations of Parent and Child, Master and Servant, &c., 16; Rights of

Things, 16; Inheritance of Property, 17; Private Wrongs, 17; Con-

tract, 20; Public Wrongs, 20; Institutes of Akbar, 21; Sheiks, Parsees,

&c., their Civil and Religious Institutions, 22; Acquisition of Sovereign

Rights by the Company, 24; Charters and Statutes for regulating

the Administration of Justice, 24; Sir W. Jones' Proposal of a Digest

of Hindu and Mohamedan Law, 26; Indian Courts, 28; Principles

which ought to regulate the Introduction or Application of English

Law in Native Causes, 29.

PAGE

II-ON THE PRINCIPLES WHICH GOVERN THE CRIMINAL AND CIVIL RESPONSI-

BILITIES OF CORPORATIONS. BY NATHANIEL LINDLEY, Esq...................

Law relating to Contracts of Corporations facilitates Fraud, 31;

Necessity of Seal, 31; Considerations determining Question whether

Corporation is liable, 33; For whose Acts, 33; Criminal Responsibility,

34; Civil Responsibility, 35; Responsibility dependent on Agency, 35;

So considered as regards Torts, 35; Contracts, 36; Why should Seal

alone be evidence? 36; Relaxation of Rule in modern times, 37;

Responsibility with respect to quasi Contracts, 37; Conclusions from

review of Law, 38.

III-ON THE MERCANTILE NOTION OF "THE FIRM," AND THE NEED OF ITS

LEGAL RECOGNITION. By JOHN MALCOLM LUDLOW, Esq.

Mr. Cory's Suggestion: Interest of Partners in the Stock, 42; Powers

of the Partners over the Assets, 45; Partnership dealings with Land,

46; Incapacity of one Partner to bind others by Deed, 46; Exceptions

as to Land and Deed, 47; Equitable Doctrine as to Land brought into

Partnership, 49; Remedies on Partnership Contracts, for or against

Strangers, 50; Remedies as between Partners, 53; Proceedings by

Partnerships in Bankruptcy, 59; Bankruptcy of Partners, 60.

IV. THE POINT OF LAW INVOLVED IN THE CASE OF REG. v. Bernard.

FITZJAMES STEPHEN, Esq.

The Point Involved, 67; Question of Jurisdiction, 67; Is an assassi-

nation committed by Foreigners abroad a "Murder?" 73; Extradition

Treaties, 74; Common Law, 76; Law of Nature, 81; Conclusion, 83.

PAGE

V.-ON MARINE JURISDICTION IN TIME OF PEACE. BY H. P. ROCHE, Esq..... 85

Question excludes case of Foreign Vessels in Ports, &c., 85; As to

right of Search, 86; Territorial Jurisdiction in adjacent Seas, 87; Case

of the Cagliari, 89; Case of the Carlo Alberto, 91; Case of the City of

Edinburgh, 62; Case of the Arrow, 92.

VI.-ON THE PRESENT STATE OF INTERNATIONAL JURISPRUDENCE.-Part I.

By PROFESSOR KATCHENOVSKY.

Improvement in International Relations in Europe, 99; And conse-

quent increased importance of International Law, 100; History of

International Law-Grotius, 100; Vindication of the Science of Inter-

national Law against the objections of Sceptics, 101; Who deny its

existence, 101; Who, admitting its existence, doubt its efficacy, 103;

Who deny to it the qualities of a Science, 104; Nature, Objects, and

Sources of International Law, 105; Philosophical and Practical Schools,

107; Present State of International Jurisprudence, 108; Suggestion

for a Periodical, 110.

VII-A BIOGRAPHICAL NOTICE OF THE LATE PROFESSOR WURM.

By PRO-

FESSOR KATCHENOVSKY.

VIII-ON THE INSTITUTION OF THE GRAND JURY. By T. CHAMBERS, Esq.,

Common Serjeant.

Antiquity of Institution ought not to preclude Criticism, 119; Pro-

posed abolition of Grand Jury, 120; Functions of Grand Jury, 120;

Reasons urged for abolition, 120; Considered, 120; Constitutional

importance of Grand Jury, 123.

İX.-ADDRESS OF SIR RICHARD BETHELL, ON VACATING THE OFFICE OF

X.-STOCK REGISTERS, SHARE REGISTERS, AND LAND REGISTERS. By J. M.

LUDLOW, Esq

New point of view as to Registration, 141; Transfer of Land and

Stock compared, 141; Assimilation of Title between, 142; Notoriety

essence of Old Law, 143; Stock transfer system, 145; Land Register,

146; Difference between Land and Stock Registry, 147; Distinction

between ownership and right of alienation, 151; Peculiarities of Stock

to Land, 155; Can Land Register be based on relation of Vendor and

Purchaser? 155; Difficulty of Identification, 155; Maps, 155; Notice,

160; Stock exists to be bought and sold, therefore, should above all

things be Convertible, 162; But Land to be Used, 163; Ownership

Title to Land must be founded on, 164; Actual notice must prevail

against Register, 164; Share Register considered as a model for Land

tration of Titles a fallacy, unless Title confined to Registered Assurance,

171; Registry of Landed Estates, 172; Negative results of Inquiry,

178; Applicability of Share Register System to Land Charges, 174;

Question of a general Registry, 176; Registry of Charges, 176; Possible

development of Land Credit, 178; Possible application of Stock Registry

principle to Land, 180.

XI-TRIAL BY JURY. Speech of W. M. BEST, Esq.

....

Mr. J. Brown's, and Mr. R. Clarke's Pamphlets, 183; Meaning of

"Trial by Jury," 183; Advantages of Jury, 184; Objections answered,

187; Deficiency of Capacity in Jury, 188; Liability to Misconduct,

191; To be guided by Partiality or Prejudice, 194: Inability to deal

with matters submitted to them, 195; Inconvenience to Jurors, 196;

Difficulties in the way of substituting any other Tribunal, 196; County

Court Trials, 198; Suggested reforms in working of Jury System, 199.

XII-CORRUPT PRACTICES AT ELECTIONS. By T. PHINN, Esq., Q.C.

Electoral Corruption has survived Judicial and Official Corruption,

the Reason Explained, 201; Relation between Candidate and Con-

stituents, 202; History of Electoral Corruption, 202; And of the

Legislation directed to its Prevention, 204: The present Law on the

subject, 206; Efficacy of Oath of Purity Considered, 207; Election Com-

mittees, 208; Defects of Procedure, 209; Suggestions for a more

efficient Tribunal, 212; For increasing the Punishment for Bribery,

214.

PAGE

201

XIII-SCHOOLS OF LEGISLATION. By C. T. SWANSTON, JUN., Esq. .......... 216

Laws in the earliest age of a Nation's History, 217: The first School of

Legislation, its Characteristics, 221; Second School of Legislation, its

Characteristics, 222; Third School of Legislation, 225; Science of

Legislation, what, 226; Principles to be regarded in enacting a new

Law, 229; Roman Legislation, 229; Fourth School of Legislation,

Codes, 230; Recapitulation, 288; English Legislation in Second

School, 235; How it may be Improved, 235.

XIV.-TRIAL BY JURY AND EVIDENCE OF EXPERTS. By J. FITZJAMES STEPHIEN,

Esq.

Inconveniences from submitting contradictory scientific evidence to

Jury in Criminal Cases, 236; Could other Tribunal be substituted for

deciding Scientific Points? 237; Arguments in Favour, 237; Reasons

why these questions should not be withdrawn from the Jury, 238;

Palmer's Case, 244; Rule in French Tribunals with respect to evidence

of Experts, 247; Objections to Tribunal of Experts, 247.

IV. LIBERTY OF OPINION IN RELATION TO BLASPHEMOUS LIBELS. By W. D.

LEWIS, Esq., Q.C.

Do Laws against Blasphemy unduly interfere with Liberty of Opinion?

250; Legal definition of Blasphemy and its Punishment, 250; Heresy,

251; Ground for holding Blasphemy Punishable by the temporal

power considered, and Cases reviewed, 252; Nature of Cases in which

question arises, 255; Irreligious Foundations, 257; Heretical opinions

not Blasphemous, 258; Nor arguments against Christianity, if stated

without Scurrility, &c., 259; Peculiarity of Offence, that it consists in

mere words, 261; Shelley's Case, 262; Mr. Buckle's Strictures on the

Law relating to Blasphemy, 264; Pooley's Case, 265; Mr. Mill's

Remarks, 266; Question, whether the Law has a right to restrain

offensive attacks on Religion, considered, 268; The duty of the State,

272; Ridicule not to be Tolerated, 273; Whether State may repress

Blasphemy upon basis that Infidelity is Pernicious, considered, 276;

Grounds upon which Law may punish Blasphemy, apart from Special

Character of Religion, 278.

XVI. COMMON LAW COURTS AND EQUITABLE JURISDICTION. BY WALKER

MARSHALL, Esq......

Meaning of "Equity," 283; Origin of Equitable Jurisdiction, 284;

Adherence of Common Law Courts to establish Writs, Forms, and

Processes, 284; Want of adequate Officers, &c., 287; Adherence to

Conventional Rules, 288; Equitable Jurisdiction given to Common

Law Courts by giving adequate process, and not by conferring new

jurisdiction, 289; Inconveniences arising from the severance of juris-

diction, 290; Alleged advantages considered, 292; Division of Labour,

293; Certainty, 293; Reforms already effected, 294; Law and Equity

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