THE

LAW MAGAZINE;

OR,

QUARTERLY REVIEW

OF

JURISPRUDENCE,

FOR JUNE, 1828; OCTOBER, 1828; AND JANUARY, 1829.

VOL. I.

SECOND EDITION.

LONDON:

SAUNDERS AND BENNING, LAW BOOKSELLERS,
(SUCCESSORS TO J. BUTTERWORTH AND SON),

43, FLEET STREET.

CONTENTS.

ART. I.--PRINCIPLES AND PRACTICE OF PLEADING.

1. Speech of H. Brougham, Esq., on the Present State

of the Law.

2. A Letter to the Right Hon. Robert Peel, on some of the

Legal Reforms proposed by Mr. Brougham. By C. E.

Dodd, Esq., Barrister at Law.

3. Suggestions on Practice, Pleading, and Evidence. By

Edward Lawes, Serjeant at Law.

4. The Supplement to the Encyclopædia Britannica; Ar-

ticle "Jurisprudence." By James Mill, Esq., Author of

the History of British India.

5. Westminster Review, No. VII. Art. 5. Law Abuses and

Pleading; No. XI. Art. 3. On Practice and Pleading.

ART. II.-REFORMS IN CHANCERY.

1. A History of the Court of Chancery, with Practical

Remarks, &c. By Joseph Parkes, Solicitor, Birming-

ham.

2. An Inquiry into the Present State of the Civil Law of

England. By J. Millar, Esq.

3. Copy of the Report made to His Majesty by the Com-

missioners appointed to inquire into the Practice of

Chancery.

ART. III.-MERCANTILE LAW. No. I.

ART. IV.-ON CONVEYANCING.-No. I.

Critical Remarks on some Popular Writers.

ART. V.-AN INQUIRY INTO THE OPERATION OF THE LATE

BANKRUPT ACT, 6 G. IV. c. 16. WITH EXCLUSIVE RE-

FERENCE TO REAL PROPERTY.

64

....

ART. VI. ON THE DOCTRINE OF ESTOPPEL WITH REFER-

ENCE TO THE TRANSFER OF CONTINGENT AND EXECU-

TORY INTERESTS..

76

ART. VII.-ON THE MODES OF PROCEEDING AGAINST

TENANTS HOLDING OVER. ....

82

a

Page

ART. VIII.-ON THE CUSTOM OF MAKING ALLOWANCES

OUT OF THE POOR RATE TO ABLE-BODIED LABOUR-

ERS IN INCREASE OF THEIR WAGES

ART. IX.-ON THE EFFECT OF AN ASSIGNMENT BY THE

HUSBAND, FOR A VALUABLE CONSIDERATION, OF HIS

WIFE'S LEGAL CHOSES IN ACTION, AS AGAINST HER

ART. X.-WHETHER PAYMENT OF PURCHASE MONEY

WILL TAKE A PAROL AGREEMENT FOR THE SALE OF

LANDS OUT OF THE STATUTE OF FRAUDS.....

90

98

111

ART. XI.-A BIOGRAPHICAL SKETCH OF MR. FEARNE,

WITH SOME OBSERVATIONS ON HIS ESSAY ON CON-

TINGENT REMAINDERS, &C.

115

.....

ART. XII. THE COURT OF CHANCERY.

A Satirical Poem,

by R. J. Blewitt

124

ART. XIII.-LORD LANSDOWNE'S ACT:

Substance of "An Act for consolidating and amending

the Statutes in England relative to Offences against the

Person," now under consideration of Parliament .....

129

142

154

160

,164

168

175

178

CONTENTS.

Pago

ART. I. THE CONSTITUTION AND PRACTICE OF THE ENG-

LISH COURTS OF COMMON LAW, WITH A SKETCH OF

THE JUDICIAL SYSTEM OF FRANCE.

1. An Inquiry into the Present State of the Civil Law

of England. By John Miller, Esq. of Lincoln's Inn.

Murray. 1825.

2. Rationale of Judicial Evidence specially applied to Eng-

lish Practice. From the Manuscripts of Jeremy Ben-

tham, Esq., Bencher of Lincoln's-Inn. Hunt and Clarke.

1827. Book VIII. On the Technical System of Pro-

cedure.

3. Des Institutions Judiciares de l'Angleterre comparées

avec celles de la France, et de quelques autres Etats

anciens et modernes. Par Joseph Rey, de Grenoble,

Avocat, ancien Magistrat. A Paris, ches Nève, Libraire,

Palais de Justice. 1826

ART II.-STATE TRIALS.

State Trials; or a Collection of the most interesting Trials

prior to the Revolution of 1688, reviewed and illustrated.

By S. M. Phillipps, Esq. London, 1826

ART. III.-MERCANTILE LAW.-No. II.

185

219

242

ART. IV.-ON CONVEYANCING.-No. II.

With some Preliminary Remarks on Mr. Burton's Elemen-

tary Compendium of the Law of Real Property

......

266

ART. V.-AN INQUIRY INTO THE VALIDITY OF THE POWER

OF SALE AND EXCHANGE IN SETTLEMENTS, WHEN NOT

CONFINED TO THE PERIOD ALLOWED FOR SUSPENDING

ALIENATION....

.... 282

ART. VI.-ON THE EFFECT OF THE WILL OF QUASI TE-

NANT IN TAIL OF AN ESTATE PUR AUTRE VIE, UPON

THE QUASI ENTAIL AND REMAINDERS OVER........ 289

n