THE

LAW MAGAZINE;

OR

QUARTERLY REVIEW

OF

JURISPRUDENCE,

FOR FEBRUARY, 1842; AND MAY, 1842.

VOL. XXVII.

LONDON:

SAUNDERS AND BENNING, LAW BOOKSELLERS,

(SUCCESSORS TO J. BUTTERWORTH and son,)

43, FLEET STREET.

1842.

CONTENTS.

ART. I.-HISTORY AND PRACTICE OF INJUNCTIONS

ART. II.-SCOTCH MARRIAGES-CASE OF BIRTWHISTLE V.

VARDILL.

The Case of the Ante Natus in Scotland claiming

as Heir in England, being a Report of the Case

of Birtwhistle v. Vardill. By D. C. Moylan,

Esq., of Lincoln's Inn, Barrister at Law

ART. III.-PRESENT STATE OF PRISONS.

A Plea for the Imprisoned, grounded upon Extracts

from the Prison Reports of 1838, 1839, and

1840, laid before Parliament, and forming the

Reports Nos. IV., V. and VI., together with an

Account of Juvenile Delinquency at Liverpool.

Page

1

26

35

ART. IV. STAMP DUTIES ON CONVEYANCES AND MORTGAGES

67

ART. V.-ADMISSIBILITY OF EXTRINSIC EVIDENCE FOR THE

CONSTRUING OF WILLS

ART. VI.-LEGAL MAXIMS.-EFFECT OF IGNORANCE

ART. VII.-REFORM IN CHANCERY.

81

Considerations on Reform in Chancery. By Ed-

mund Robert Daniell, F.R.S., Barrister at Law

102

ART. IX.-STARKIE'S LAW OF EVIDENCE.

A Practical Treatise of the Law of Evidence and

Digest of Proofs in Civil and Criminal Proceed-

ings. Third Edition, with considerable Altera-

tions and Additions. By Thomas Starkie, Esq.

of the Inner Temple, one of her Majesty's

Counsel.

DIGEST OF CASES.

Common Law

Equity

Ecclesiastical.

Privy Council

House of Lords

List of Cases

LIST OF NEW PUBLICATIONS

247

EVENTS OF THE QUARTER

CONTENTS.

ART. I.-THE REPORT ON BANKRUPTCY AND INSOLVENCY.-

THE NEW BANKRUPTCY BILL.

-

1. Report of the Commissioners for inquiring into

Bankruptcy and Insolvency. Presented to both

Houses of Parliament by Command of her Ma-

jesty. Printed 1840.

2. Supplementary Paper. By William John Law,

Dissentient from the Report

Page

ART. II. THE LAW OF SEPARATE ESTATE

249

285

ART. IV.-ON THE CONSTRUCTION OF EXECUTORY BEQUESTS

312

ART. V.-MODERN COMMON LAW REPORTS OF DECIDED

CASES

ART. VI.-LORD CAMPBELL'S SPEECHES.

Speeches of Lord Campbell, at the Bar and in the

House of Commons; with an Address to the

Irish Bar as Lord Chancellor of Ireland. Edin-

burgh. 1842.

320

343