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LONDON:

PUBLISHED FOB THE PROPRIETORS BY

JOHN RICHARDS,

LAW BOOKSELLER AND PUBLISHER, 194, FLEET STREET:

ADAM BLACK, EDINBURGH;

AND HODGES AND SMITH, DUBLIN.

1833.

W. Pople, Printer, 67, Chancery Lane.

CONTENTS OF VOLUME V.

Changes In The Law In Thb Session 1831

—1832.

Prescription Acts, 1.

Anatomy, 37.

Excise Permits, 57.

Stages and Horses, 90.

Embezzlements, 101.

Coining, 118.

Forgerv, 134, 135.

Theft, 135.

Bankrupts, 151.

Corporations, 151.

Insolvent Debtors, 151.

Remedies against the Hundred, 171.

Bills of Exchange, 171.

Lunatics, 172.

Customs, 183.

West India Colonies, 184.

Irish General Registry of Deeds, 278.

Law Reform: 149.

Court of Chancery, 4, 6, 85, 92, 311, 424.

General Registry, 294, 357,3/9,421,423,

465.

Local Courts, 30, 328, 373, 433, 469,493.

The Church, 53, 294.

Nisi Prius Arrears, 215.

Political and Judicial Duties of the Lord

Chancellor, 229.

Lunatics, 293.

Real Property, 309.

Dower, 407.

Inheritance, 4/7-

— Fines and Recoveries, 485.

Curtesy, 517-

Adjournment of Assizes, 510.

New Bills In Parliament:

Norfolk Assizes, 315.

Suits at Common Law, 360, 375.
Patents for Inventions, 360, 377-
Law Amendment, 389, 422, 515.
Highways, 405.
Local Jurisdictions, 453, 472.
Privy Council Appeals, 462.
Court of Chancery Regulations, 501, 515.

Reports Of Committees And Commis-

Sioners:

Dramatic Literature, 6.

Secondary Punishments, 166.

Eligibility of Quakers, 331.

Public Petitions, 347.

Second Common Law Report, 389, 478.

Parliamentary Returns:

Masters in Chancery, 172.

Secretary of Bankrupts, 174.

Criminals, 368.

Poor Rates, 368.

Revising Barristers, 444.

Expired And Expiring Laws, 350.

Parliamentary Debates:

Chancery Reform, 247.

Criminal Laws, 442, 519.

Real Property Bills, 463.

Parliamentary Proceedings:

House of Lords, passim.

House of Commons, passim.

Recent Decisions In All The Superior

Courts, passim.

The subjects of the Decisions are stated in
the Index.

New Rules Of The Superior Courts:

Michaelmas Term (1832), 17, 50.

Notes on the Rules, 23, 58.

Hilary Term (1833), 272.

Sittings In The Superior Courts, 34, 64,
95, 96, 193, 208, 209, 226, 274, 289, 306,
320,468,481,482,513.

Circuits Of The Judges, 50, 243, 290.

Revising Barristers Courts, 9, 33, 50,

66, 97, 381.

Revibws:

New Editions of Watkins's Conveyanc-

ing, 3.

Bentham on Plurality of Judges, 27.

Miller's Reform Act, 29.

Cooke's Short-hand, 30.

Ram's Assets, 41.

Ellis's Life Assurance, 55.

Dowling's Collection of Statutes, 88.

Shelford's Law of Lunatics, 106, 121.

Godson's Law of Patents, 119.

Coventry's Stamp Laws, 136.

Atkinson's Marketable Titles, 152.

Theobald on Special Pleading, 165.

Hayward's Common Law Statutes, 189.

Manning's Courts of Revision, 217.

Chapman's Practice, 296.

Woolrych on General Registry, 312.

Lumley's Law of Annuities, 345.

Beaumont's Law of Insurance, 364.

Dax's Exchequer Practice, 378.

Corder'sLocalCourts of Westminster, 236.

Strickland on Law Reform, 422.

Matthews's Digest of Offences, 509.

Letters Of A Barrister To The Lord

Chancellor:

On his future Conduct, 197, 267.

Revival of the Local Courts Bill, 469.

The Reforsiers Of The Law:

Lord Somers, 261.

Sir Matthew Hale, 341.

The Property Lawyer:

Title Deeds, 87-

Charging Clergyman's Benefice, 119.

The Doctrine of Estoppel, 139.

Tenancy at Will, 'i 14.

Shrubs, 230.

Canal Shares, 343.

Legacy Duty, 409.

Anticipation, 491.

TABLE OF CONTENTS.

Practical Points Of General Interest:

Annuity obtained by Medical Man, 2.

Validity of Composition Articles, 40.
Clause to defeat Bankrupt Laws, 58.
Lost Instrument, 102.
Lodging-house Keepers, 155.
Advocates before a Magistrate, 184.
Infant Bankrupt, 263.
Assignees of Bankrupt, 310.
Stage Coaches, 362.
Official Assignees, 423.
Game, 509.

Dissertations On Conveyancing:

Presumption of Survivorship, 38.

Trust to Pay Debts, 102, 141, 222.
Limitation and Nonclaim, 220.
Practical Hints, 284.

Foreign Laws, 89, 281, 284.

Law Lectures, 69, 437.

Law Of Attorneys:

Practising in Courts without Admission,

Abandoning a Cause, 246.

Instructor Clericalis:
Actions at Law, 325.
Conveyancing Department, 441.

Disputed Decisions:

Practice, 7-

Warranty, Discontinuance, Estoppel, 45.

Copyholds, 141.

Practice—New Rules, 142, 155.

Signing Agreements, 348.

Miscellaneous Dissertations:

Quakers in Parliament, 60, 294.

Lawyers' Bills of Costs, 108.
Arrear of Nisi Prius Causes, 215.
Privileges and Rules of Parliament, 234,

282.
Royal Fish, 296.

Attorneys' Certificate Duty, 333.
Judgments in Ireland, 333.
Secondary Punishments, 89.
Bills for Partnership Accounts, 494.
Stamp Laws, 510.

Selections From Correspondence:

The Law Commissioners, 44.

Delays in the Masters' Offices, 62.

Articled Clerks, 153.

Costume of Solicitors, 154.

Pretended Attorneys. 154, 203.

Certificated Conveyancers, 155.

Commissioners of Stamps, 155.

Lawyers in Parliament, 165.

Education of Attorneys, 203, 314.

Admission Fees, 204, 449.

Examination of Attorneys, 222, 283.

Entries on the Roll, 283.

Metropolitan Local Courts, 360.

Provisional Assignee, 300.

Statute of Limitations, 349.

Certificate Duty, 349.

Declarations De Bene Esse, 366.

Service of Writs, 413.

Gavelkind, 450.

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Two of the most important Acts passed in the last Session of Parliament are those relating to the law of Prescription. It will be proper therefore for us to see how the law stood before the alterations recently effected, and then to mention the substance of the new measures.

It should be first stated, that the changes made are of a partial nature. It would have been well if the whole law relating to the limitation of actions at law and suits in equity had been amended by one Act; but the defects remedied by the above Acts are those only which relate to incorporeal hereditaments; and we arc ready to admit that these arc the most glaring. The prescriptive right to profits and easements over the soil of another, as rights of way, common, light, &c, were rendered very difficult of proof, as by the antient rule of the common law, enjoyment of such rights was to be proved from time whereof the memory of man runneth not to the contrary, or during legal memory. The limits of legal memory have greatly fluctuated. They long depended on the period for bringing a writ of right, which till the 32 H. 8, was not any certain period, but dated from some

NO. CVII.

historical event, fixed from time to time; as the beginning of the reign of Henry 1; the return of King John out of Ireland; the journey of Henry 3 into Normandy ; or the coronation of Richard 1. This last epoch is considered as the commencement of legal memory at the present day"; so that, strictly, the right to an casement of this nature could only be established by legal proof of an adverse enjoyment of six hundred and forty odd years. A rule so absurd and unjust as this was partly alleviated by the practice of the Courts, and the doctrines of presumption ; and proof of enjoyment as far back as living witnesses could speak, was held sufficient to raise a presumption of enjoyment from a remote era, and a grant would be presumed; (see Knight v. Halsey, 2 Bos. & Pul. 206; Livelt v. Wilson, 3 Ring. 115; Cross v. Lewis, 2 B. & C. G8b';) but still difficulties frequently arose. This presumption, like all other presumptions, was liable to be rebutted. It might be distinctly proved that the right did not, or could not exist at any one point of time since the commencement of legal memory; and variances between the fictitious grant pleaded and that attempted to be presumed, frequently arose. Tliis state of the law, as it frequently led to the defeat of just rights and claims on purely technical grounds, obviously required a remedy; and it is therefore enacted by the 2 & 3 W. 4. c. 71,b

a See First Report of the Real Property Commissioners, printed in the Monthly Record for September, 1832.

h Printed verbatim, 2 HI. R. for October. B

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