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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.
1
31
40
By
67
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
Register flow from relation of Debtor and Creditor, and are inapplicable
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
Register, 165; Inapplicable, 168; Mr. Wilson's Reasons, 169; Regis-
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.
99
112
119
129
140
183
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.
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
Bill, 295.
236
250
283