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INDEX.

Abstracts, commencement of, opinions of convey. ancers, 274

Act for abolishing arrest for debt, cases upon, 7, 8, 26, 27, 28, 29, 30, 43, 44, 46, 47, 48, 57, 58, 59, 60, 61, 108, 152, 153, 206, 283, 316, 334, 346, 393; alterations made by this statute explained, 83; Editor's notes upon, 31, 283, 334; does not extend to C. P. Durham and Lancaster, 58

Action, practice, Report, 47

Actions, real and mixed, explained, 193, 209, 241 how affected by stat. 3 & 4 W. IV. c. 42 explained, 132

Advowsons, new laws relating to, 146

how females take them, 325

Alien, Report, 42

, see Husband

Answers to problems,-see Problems
Appointment, power of, Report, 71

whether destroyed

by

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, examination of, 20, 39, 46, 62,

76, 111, 158, 222, 239. See Questions-Law Examiners

Assignees of leases, liabilities of, Report, 24

equitable, Report, 102

Assumpsit, plea, Report, 45

Attachment for costs, Report, 263

Attornies, their liabilities, 349, 393, 411

Canadian prisoners' case, 184, 201, 392-see Habeas Corpus

Cases and Editor's opinions-intestacy, 86; devise, 86; articled clerks, 101; attornies attesting warrants of attorney and cognovits, 151; obstructions to ways, 170; articled clerks' service, 171; special occupancy, 182; bond to restrain tenant in tail from committing waste, 197; stamps upon transfer of mortgages, 198 -see 411

Central Criminal Court, 31, 317

Chancellor, Lord, letter to, from the Editor, 225
Chancery warrants, letter from a solicitor, 102
Clerks articled-see Articled clerks-Questions
Coal Mines, Report, 234, 299, 389

Cognovits, executed by an infant, 205-see War-
rants of Attorney

Constables, their liability, Report, 139
Companies-see Joint Stock Companies
Copyholds, rights of tenants, Report, 397, 408
Copyright, Report, 21

Coroner for Middlesex, letter, 233
Coroners, name of office explained, 234
Correspondents, notices to, 32, 48, 64, 80, 96, 112,
128, 144, 176, 192, 208, 223, 256, 288, 304,
320, 336, 352, 363, 384, 400 |

Costs, Report, 408

-, security for, Report, 107

Courtenay, otherwise Thom, and others, Lord Den-
man's charge to the Grand Jury, 4
Cousins german, Report, 41
Creditors' Priorities, Report, 314
Bill, Report, 391

Criminal laws-see Table of Cases

Damage special, 170

Declaration, practice, Report, 44

Reports of cases relating to, 25, 54, 236, Descent cast, 241

314, 346; admission of—

Apprentices, Report, 27

Certificates, Report, 44

Bill, Report, 107-see Rule of Court
negligence of-see Editor's notes; see

also Durham and Lancaster

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Bankrupt trustee, 324

Barristers called H. T. 1839, 287

Devise of leaseholds as freehold, Report, 364
Disabilities, 257, 335
Discontinuance, 241
Distress, Report, 28
Dower, Report, 90

Estate in, explained, 215, 231, 243, 259
Durham and Lancaster-Courts of C. P.-Attornies
of, not liable to examination to practice at
Westminster, 410

Easement, Report, 90

Ecclesiastical benefices, when a title accrues by lapse, 162

Bill in Chancery-see Practice; Reports, 102, 118, Ecclesiastical writs, 177 137, 360

of Exchange, altered, Report, 138; stamp upon, Report, 119

Bond to restrain tenant in tail from committing waste, 197

Books for study-see Study

new, review of,-see Reviews Brokers of London, Report, 328

Business in the Courts, M. T. 1838, 12, 13, 14, 15, 16, 27, 31, 32, 48, 61, 62, 75, 78, 79, 80, 95, 96, 112, 128, 144, 175, 191, 207, 223, 237, 239, 256, 272, 288, 303, 367, 381, 399, 415, 416

Editor's Reviews and Notes, On the liabilities of assigners of leases, 24; Of equitable assigners of leases, 103; On sec. 119, Insolvent Act; On letter to publishers, 32; On equity, 37; On lex loci domicilii, 54; On liabilities of Directors of joint stock companies, 56; On Tallett v. Armstrong-see Separate Use; On Hole v. Escott-see Appointment; Distinction between unity of possession and unity of seisin, 90; On dismissing bills in Chancery, 102; On injunctions ex parte, 102; On void acceptances, 104, 108; On amending bills in Chancery, 118;

On cross bills in Chancery, 119; On the law
of husband and wife as to the liabilities of the
husband in cases of adultery, 124; Upon the
nature of an action-what is a right, 133;
what is LAW, 134; Upon the venue in personal
actions, 147; Upon the preliminary objection
raised by the Attorney General in the case of
the Canadian prisoners' Habeas Corpus law,
211; Letter to the Lord Chancellor, on the
established doctrine of SEPARATE USE, 225;
On attesting warrants of attorney and cogno-
vits, 234; Lunatic husband, 264; Equitable
mortgages, 267; Civil law, husband and wife,
248; Property in trees, 247; Principal and
agent, 280; Deeds of separation, 281; On
the manner in which a feme covert should sue,
327; On petitions in bankruptcy, practice,
329; On the character in which a mortgagor
in possession may be considered, 339; Negli-
gence of attornies and their consequent liabi-
lity, 347; On tradesmen's marks, 359; On
rents, 404

Eligit, writs of, new forms, 248, 249, 250, 270, 283,
284, 285.

Equity, described, 37-see Law.
Essays, see Real Property Laws-Joint Stock
Companies-Separate Use-Appointment.
Evidence, Lord Denman's opinion upon prisoners', 4
admissibility of unstamped paper, Re-

ports, 46, 89

Examinations, law,-see Articled Clerks.
Examinations of articled clerks,-see Questions.
Exchequer, sittings, H. T. 1839, 255; E. T. 367
Executors' liabilities, 392, 406
Exonerator, practice, Report, 47

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Joint Tenancy, Report, 139
Juries, power of the crown, Report, 398
Jurisdiction of Court of Exchequer Chamber as a
Court of Appeal from Q. B., 188

Lord Chancellor, under 1 and 2

Wm. IV. c. 56, ss. 3, 12 and 17
Court of Review, 362

for relief of Insolvents, 153,

266, 334
Jury, Grand, charge of Lord Denman in re Thom,
called Sir Wm. Courtenay, 4; charge of Serj.
Adams, chairman of Middlesex sessions, on the
subject of Grand Juries, 126, 142

Larceny, Report, 3
Law, defined, 134

Law and Equity, difference between explained, 51
Law examiners, 399, 405, 408

Reports concerning them, 26, 56, 60
Laws of real property,-see Real Property
Leases, - see Assignees
Legacy, Reports, 54, 88

Lessor and Lessee, Report, 234, 247, 389
Levy, excessive, Report, 279

Lex loci domicilii, Report, 54; editor's note, id.
Libel, Times newspaper, Report, 120, 219, 311, 328
Limitations, statute relating to real property,-see
Real Property; Reports, 317, 335
Lunacy, Report, 341

Magistrates, duties of, 156
Marriage Act of 1822, Report, 299
License, Report, 56

Masters' Clerks, letter from a solicitor, 383
Medical men, their liability for negligence, 365
Parson, 365

---

Mines, see Coal Mines-Lessor and Lessee
Montgomery assizes, order

Mortgagees, equitable, Report, 266, 294

-, essay upon the present state of the
law governing their liabilities (leasehold pro-
perty) 289

Report, 172-see Stamps
Mortgages, transfer of, decisions upon the requisite
stamp duties, 412

Mortgagors and Mortgagees, essay upon the cha-
racter in which a mortgagor in possession may
be considered, 353, 369, 385, 401
Municipal Reform Act, Report, 409
Murder, carrying knives, the intent, 380, 394
Non assumpsit-see Plea

plea of, how it operates, 166

Notices to correspondents-see Correspondents
Nuisance, Report, 349

Nursery ground, Report, 245

Occupancy, special, what it is, 182

Onus probandi, strict meaning of the term, 345
Order in bankruptcy, 329

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Parcenary, estate in, described, 324
Parish assessments, Report, 110
Parliament, legal business, Lords-private bills,
order, 260; Borongh Courts, bill, 260, 277
legal business, Commons-England:
Bills-Vendor and Purchaser, 245; Liberty
of the Press, 245; Court of Chancery,
260; Copyholds, 261; Affirmations, 261,
277; County Courts, 277, 326; Church
Leases, 277; Court of Review, 278;
Double and Treble Costs, Plea of general
Issue, Limitation of Actions, 278, 326;
Law of Libel, 278, 310; Imprisonment
for Debt Abolition, Amendment,374, 389

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8. What are the different species of estates tail, Questions put by the Examiners to Articled Clerks, and how are they created? 118.

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39, 62, 76, 158, 222, 239, 286 Qui Tum, Report, 264

Real Property, laws of, essay on the title a purchaser may require, 2, 17, 49, 65, 81, 97, 113, 129, 145, 161, 177, 193, 209, 225, 242, 257, 273, 289, 305, 321, 337

Receiver, see Creditor's Bill
Rents, at common law and of assize, described, 403
Reviews of New Books:-

Mirror of Parliament, 94

Law Students' Common-Place Book, 95 Letter to the Lord Chancellor on Lunacy, 95 Hodgson's Instructions for the Clergy, 111 Stammer's Vindication of the Bar, 127 Leonard's New System of Stenography, 144 Copyhold Enfranchisement-Rouse, 159

Reviews of New Books:-
Principles of the Laws of England-a Solicitor,
220

Articled Clerks' Assistant-a Conveyancing Bar-
rister, 239

Commentaries on the Law of Bailments-Story,
Charnock, 250

Law of Real Property-Flintoff, 271, 303
Ecclesiastical Legal Guide, 286
London Monthly Miscellany, id.
Insolvent Debtors' Practice-Allen, 303
The Practical Man-Rouse, 319
Impey's General Stamp Act, 411

Rule of Court, New, admission of attornies, 26
Rules of Law, by which cases imputing weakness
and incapacity to testators are to be decided,
345; see Reports of Cases, Will Act

Scire facias, to revive, Report, 78
Scotch Appeals, 404

Subpoena, practice, Reports, 86, 104
Suit, conduct of, Report, 118
Surety, Report, 72

Tail, estates described, 148, 163; how they are
created, 165; incidents to, 180

Tail, tenant in, after possibility of issue extinct,
182-see Bond.

Tenancy-see Joint Tenancy
Tenants at Will, 337

Tithe Commutation Act, order, 341
Tithes, Report, 361

Title, the, a purchaser may require, Essay upon-
see Real Property, laws of

Tomb-stone, inscription upon, Report, 109, 125, 140
Tradesman's marks, Report, 357; Editor's Obser-
vations upon, 359

Transfer of mortgages-see Stamps
Transitu, stoppage in, Report, 139
Trees, property in, 247

Scotland, list of commissioners for taking affida- Trespass to land described, 340

vits in, 254

Seisin, unity of, explained, 91

Separate Use, Report, 21; Editor's review of judg-
ment of M. R. Tullett v. Armstrong, 22, 38,
69, 149, 167, 184, 200;-see Chancellor, 247;
the civil law relating to, 248

Separation, deed of, Report, 280
Sessions, Middlesex, Report, 110

Sessions Central Criminal Court, 1839, 31
Settlement, voluntary, Report, 326, 360

Shares in Joint Stock Companies, available as other
securities for raising money, 266

Sheriff law, Report, 153, 235, 328
Sheriff's Court, London, sittings, 1839
list for 1839, 300, 319

Ships' Provisions, Report, 75

Sittings,-see Business of the Courts

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--, Report, 174
Trover, Report, 411

Trustees, Report, 73, 324; their liability to costs,
390; and for improper investments, 391
Trusts-see Separate Use

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ERRATA:

48, 64, 80, 83, 86, 96, 107, 119, 158, 176, 272, 288, 304, 320, 336, 352, 384, 400.

In the Press, and will be ready in a few days,

THE LAW AND PRACTICE OF ELECTIONS, &c.
By BASIL MONTAGUE, Esq. and W. J. NEALE, Esq., Barristers at Law.

JOHN RICHARDS and Co., 194, Fleet-street.

Just Published, dedicated, by command, to her Majesty the Queen Victoria,
COMMENTARIES ON THE CONSTITUTION & LAWS OF ENGLAND,
By THOMAS GEORGE WESTERN, Esq. F.R.A.S. of the Middle Temple,
This Work embraces all the New Laws, Civil, and Criminal, up to the present time.
JOHN RICHARDS and Co. 194, Fleet Street.

Printed by GEORGE NORMAN, at his Printing Office, 29, Maiden Lane, in the Parish of St. Paul,
Covent Garden, in the County of Middlesex; and Published by JOHN RICHARDS, Law Bookseller,
194, Fleet Street, in the Parish of St. Dunstan-in-the-West, in the City of London.-Saturday,
11th May, 1839.

THE

LEGAL GUIDE.

VOL. II.

FROM MAY 3, 1839, TO OCTOBER 26, INCLUSIVE.

LONDON:

PUBLISHED FOR THE PROPRIETORS, BY

JOHN RICHARDS & CO.

LAW BOOKSELLERS AND PUBLISHERS, 194, FLEET STREET.

1839.

G. NORMAN, PRINTER, MAIDEN LANE, COVENT GARDEN.

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