OBES.—Q. C. and BAR ROBES, of the best materials, at moderate prices.-Bar Robes, 35s., 42s., and 50s.; richest Silk Q. C. Robes, 5, 6, and 7 guineas. HARRISON & CO., Robe Makers to the Peers, Judges, &c., 54, Chancery-lane. CHITTY'S ARCHBOLD'S PRACTICE. PRACTICE of the COURT of QUEEN'S BENCH in PERSONAL ACTIONS and EJECTMENT. By THOMAS tutes, Orders, and Decisions to the present time. By T. E. HEADLAM, TRIPP'S CHANCERY FORMS AND PRECEDENTS. servations, including as well those Forms which are in ordinary use, and required by Solicitors in the conduct of a Cause, as also Precedents of Pleadings, Forms of Petitions, Decrees and Orders in Suits, and under the Infants, Settlements, and Settled Estates Acts; the Trustee, the Trustee Relief, and other Acts. With References to the Third Edition of Daniell's Chancery Practice; and an Appendix containing the Regula tions of the Judges of the 8th August, 1857. By RICHARD S. TRIPP, Esq., Barrister at Law. Much more acceptable, however, is this very complete and comprehensive work, the fruit of Mr. Tripp's experience, judgment, and industry, with official assistance. The explanatory observations and references contain, in a condensed form, much valuable information, ready to hand at the moment it is wanted; and all is made accessible by a good index." -Jurist, Jan. 30, 1858. V. & R. Stevens & Sons, 26, Bell-yard, Lincoln's-inn. CHITTY'S FORMS OF PRACTICAL PROCEEDINGS. CHEQUER of PLEAS. With Notes and Observations thereon. The A LORD ST. LEONARDS' ACT. PRACTICAL ESSAY on the LAW of PROPERTY and EQUITY, and other Matters, the subject of, or having reference to, the Changes of the Law effected by the recent Act, (Lord St. Leonards' Act, 22 & 23 Vict. c. 35), for further amending the Law of Property and relieving Trustees. By WILLIAM ROGERS, Esq., Barrister at Law. H. Sweet; V. & R. Stevens & Sons; and W. Maxwell. BY AUTHORITY. ROCEDURE in the STANNARIES of CORNRegulating the Practice, both at Equity and Common Law, of the Court of the Vice-Warden of the Stannaries; and the recent Statutes for establishing and extending its Jurisdiction. Preceded by Observations on the Power of the Court in relation to Mining Associations and Partnerships in the Counties of Cornwall and Devon. Sons, 26, Bell-yard, Lincoln's-inn. H. Sweet, 3. Chancery-lane, Fleet-street; and V. & R. Stevens & SHELFORD'S REAL PROPERTY STATUTES. In 1 vol. royal 12mo., price 258. cloth boards, the Sixth Edition, with numerous Alterations and Additions, of PROPERTY STATUTES of WIL THE REAL VICTORIA, including Prescription, Limitation of Actions, Abolition of Fines, &c., Payment of Debts, Wills, Judg. SMITH'S MERCANTILE LAW.-New Edition. A COMPENDIUM of MERCANTILE LAW. By the late JOHN WILLIAM SMITH, Esq., Author of "Lead- A WILLIAMS ON EXECUTORS.-Fifth Edition. A MANUAL of the PRACTICE of the COURT LIAMS, at one of the Judges London: V. & R. Stevens & Sons; H. Sweet; and W. Maxwell. of PROBATE. With an Appendix of Rules, &c. By ALEX- of her Majesty's Court Common Pleas). Fifth Edition. ANDER STAVELEY HILL, Fellow of St. John's College, Barrister at Law. Royal 12mo., price 8s. cloth. H. Sweet, 3, Chancery-lane, Fleet-street. THE CONTRACT OF SALE. A TREATISE on the EFFECT of the CON TRACT of SALE on the LEGAL RIGHTS of PROPERTY and POSSESSION in GOODS, WARES, and MERCHANDISE. By COLIN BLACKBURN, Esq., of the Inner Temple, Barrister at Law. 8vo., price 12s. boards. H. Sweet, 3, Chancery-lane, Fleet-street. BYLES'S LAW OF BILLS OF EXCHANGE. In 1 vol. 8vo., price 11. 28. boards, R. LOCOCK'S PULMONIC WAFERS give instant relief, and a rapid cure of Asthma, Consumption, Coughs, Colds, and all Disorders of the Breath and Lungs. To Singers the voice. have a pleasant taste. 11s. per box. Sold by all druggists. A PRACTICAL TREATISE on the LAW of and Public Speakers they are invaluable for clearing and., 25. 9d., and BILLS of EXCHANGE, Promissory Notes, Bank Notes, OLIPHANT ON THE LAW OF HORSES, GAMING, &c. Orders for THE JURIST given to any Newsman, or letter (postpaid) sent to the Office, No. 3, CHANCERY LANE, or to V. & R. STEVENS & SONS, 26, BELL YARD, LINCOLN'S INN, will insure its punctual delivery in London, or its being forwarded on the evening of publication, through the medium of the Post-office, to the Country. THE LAW of HORSES; including the Bargain and Printed by HENRY HANSARD, at his Printing Office, in Packer By GEORGE HENRY HEWIT OLIPHANT, Esq., of the Inner Temple, Barrister at Law, Author of "The Law of Pews and Prohibition," "The Law of Church Ornaments," &c. H. Sweet, 3, Chancery-lane, Fleet-street. sex; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan-in-the-West, in the City of London, by HENRY SWEET, residing at No. 34, Porchester Terrace, Bayswater, in the County of Middlesex.-Saturday, April 28, 1560. ONEY.-£30,000 (which may be divided or taken VANCED, as occasion requires, on ample SECURITY. A Solicitor LAW PARTNERSHIP A Solicitor, practising who is a good Lawyer and Accountant, and who can advise Clients. PRICE 18. LINDLEY'S LAW OF PARTNERSHIP. Just published, in 2 vols. royal 8vo., price 21. 88. cloth, A TREATISE on the LAW of PARTNERSHIP, including its Application to JOINT-STOCK and other COMPANIES. By NATHANIEL LINDLEY, Esq., of the Middle Temple, Barrister at Law. "It is very rarely indeed that a treatise every way so creditable to English jurisprudence issues from our press. It is throughout charac terised by great breadth of view and skill in execution, and is altogether such a work as we should be willing to be judged by amongst Continental and American lawyers. We shall only add that this treatise contains all the recent decisions on the subject of partnership and jointstock companies law, upon many of which there are valuable observations by Mr. Lindley. We repeat that the whole work is one of which English lawyers may well be proud; and we have no doubt that it will long continue to be a leading text-book to be found in the library of W. Maxwell, 32, Bell-yard, Lincoln's-inn. ROBES.-Q. C. and BAR ROBES, of the best every lawyer."-Solicitors' Journal, April, 1860. materials, at moderate prices.-Bar Robes, 358., 42s., and 50s.; richest Silk Q. C. Robes, 5, 6, and 7 guineas. HARRISON & CO., Robe Makers to the Peers, Judges, &c., 54, Chancery-lane. A THE NEW STAMP DUTIES. NEW EDITION OF BEST ON EVIDENCE. This day is published, in 1 vol. 8vo., price 288. cloth boards, A TREATISE on the PRINCIPLES of the LAW of EVIDENCE; with Elementary Rules for conducting The Third POCKET DIGEST of STAMP DUTIES, in- the Examination and Cross-examination of Witnesses. Edition. By W. M. BEST, A. M., LL.B., of Gray's-inn, Esq., Barcluding the New Act of 1860, with General Directions on Stamped rister at Law. H. Sweet, 3, Chancery-lane, Flect-street. Instruments. Fourth Edition. 2s. 1d. by post. Vacher & Sons, 29, Parliament-street, S. W. This day is published, price 1s. sewed, KERNEL . SHELL. As to the OBLIGATION of the OWNER of MINERALS, held as a separate Tenement, to LEAVE a sufficient SUPPORT for the SURFACE. By W. C. CLAYTON, Esq., of Lincoln's-inn. COM H. Sweet, 3, Chancery-lane, Fleet-street. Just published, in royal 8vo., price 28s., YOMPENDIUM of ENGLISH and SCOTCH LAW, stating their Differences; with a Dictionary of Parallel Terms and Phrases. By JAMES PATERSON, Esq., M.A., of the Middle Temple, Barrister at Law, &c. Edinburgh: Adam & Charles Black. London: Longman & Co., and all Booksellers. TUDOR'S LEADING CASES ON MERCANTILE AND Just published, in 1 vol. royal 8vo., price 17. 14s. cloth, A SELECTION of LEADING CASES on MER FOURTH EDITION OF WILLIAMS ON PERSONAL This day is published, in 1 vol. 8vo, price 16s. cloth boards, PRINCIPLES of the LAW of PERSONAL PRO PERTY, intended for the Use of Students in Conveyancing. The Fourth Edition. By JOSHUA WILLIAMS, Esq., of Lincoln's-inn, Barrister at Law. H. Sweet, 3, Chancery-lane, Fleet-street. FISHER'S (HARRISON'S) ANNUAL DIGEST FOR 1859. A DIGESTED INDEX of all the REPORTED DECISIONS in the House of Lords, Privy Council, and in the Courts of Common Law, Equity, Divorce, Probate, Admiralty, and Ecclesiastical, with a Selection from the Irish Chancery and Common Law Reports, and References to the Statutes passed, and Rules and Orders of Court promulgated, and a Collection of Cases Overruled and Impeached, during the year 1859. By R. A. FISHER, Esq., of the Middle Temple, Barrister at Law. H. Sweet, 3, Chancery-lane; V. & R. Stevens & Sons, 26, Bell-yard, Lincoln's-inn. REMOVAL.-KAIN & Co., Law and General Accountants, (Costs Draftsmen), from Gresham-street, City, to 69, CHANCERY-LANE, W. C. (See Law List, 1860, pages 826 and 827). CANTILE and MARITIME LAW. With Notes. By OWEN EQUITABLE REVERSIONARY DAVIES TUDOR, of the Middle Temple, Esq., Barrister at Law. HAYNES'S OUTLINES OF EQUITY. Crown 8vo., cloth 10s., INTEREST SOCIETY, 10, Lancaster-place, Strand. PERSONS desirous of DISPOSING of REVERSIONARY PROPERTY, LIFE INTERESTS, and LIFE POLICIES of ASSURANCE, may do so at this Office to any extent, and for the full value, without the delay, expense, and uncertainty of an auction. Forms of Proposal may be obtained at the Office as above, and of Mr. Hardy, the Actuary of the Society, London Assurance Corporation, UTLINES of EQUITY: being a Series of Ele-7, Royal Exchange. OUTLINES OF a of Law Society of the United Kingdom. By FREEMAN OLIVER OPINIONS OF THE LAW PRESS. Solicitors' Journal.-" Of real service to the students, and to them we cordially recommend it." Law Times.-" All law students will peruse these Lectures with profit, whether reading for the bar or for the desk." Law Magazine.-"Well adapted to the wants of all students who desire to derive an elementary knowledge of the principles of, and the practice in, courts of equity." Macmillan & Co., London and Cambridge. Sold by W. Maxwell, 32, Bell-yard, Lincoln's-inn, and all Booksellers. CLERICAL, MEDICAL, AND GENERAL LIFE ASSURANCE SOCIETY. ESTABLISHED 1824. All Persons who effect Policies on the Participating Scale before the 30th June, 1860, will be entitled at the NEXT BONUS to one Year's additional Share of Profits over later Assurers. Tables of Rates and Forms of Proposal can be obtained of 13, St. James's-square, London, S. W. COMMISSION. 101. per Cent. on the First Premium, and 51. per Cent. on Renewals, will be allowed to Solicitors. The Commission will be CONTINUED to the Person introducing the Assurance, without reference to the channel through which the Premiums may be paid. GAZETTES.-FRIDAY, April 27. BANKRUPTS. ROBERT SPIER BEGBIE, Great Winchester-street, Lon- JANE ANSELL, spinster, North Ockendon, Essex, grocer, Middlesex, watch manufacturers, May 15 at 12, London, aud. Henry Moss, Leeds, Yorkshire, draper, May 10 at 11, Leeds, aud. ac.—Sadler Smith, Holywell-row, Shoreditch, carman, May 18 at half-past 1, London, div.-Henry Quarterman, Oxford, carpenter, May 18 at 11, London, div.-J. G. Marsh, Church-street, Minories, City, carpenter, May 18 at 12, London, div.- Wm. J. Normanville, Seymour-chambers, Duke-street, Adelphi, and Queen's-road, Regent's-park, Middlesex, commission agent, May 18 at half-past 11, London, div.-John P. Smith, Coventry-street, Haymarket, Middlesex, tea dealer, May 18 at half-past 12, London, div. -James Summers, Hatton-garden, Middlesex, wholesale jeweller, May 18 at 1, London, div.-George Clark, Ashford, Kent, builder, May 19 at half-past 11, London, div.-Isaac White, Biggleswade, Bedfordshire, ironmonger, May 19 at 12, London, div.-T. H. Jennens, Halkin-street West, Belmaché manufacturer, May 22 at 1, London, div.-Thomas grave-square, and Church-street, Chelsea, Middlesex, papierMorris, Long Eaton, Derbyshire, joiner, May 22 at half-past 11, Nottingham, aud. ac. and div.-Alexander M Naugh tane Paterson, John Walker, James Boydell, and Charles Blayney T. Roper, Kingswinford, Staffordshire, ironfounders, June 4 at 11, Birmingham, div. sep. est. of James Boydell.Levi Lowndes, Abergavenny, Monmouthshire, draper, May 31 at 11, Bristol, div.-James Hasell, Bristol, soap manuchester, wholesale hosier, May 18 at 12 Manchester, div. facturer, May 24 at 11, Bristol, div.-Joseph Adshead, Man JOHN LORD, Shelf, Halifax, Yorkshire, dyer, (carrying on business with Sidney Aquila Butterworth and Horatio Butterworth, under the style or firm of John Lord & Co.), May 10 and June 8 at 11, Leeds: Off. Ass. Young; Sols. Wavell & Co., Halifax; Bond & Barwick, Leeds.-Pet. d. To be allowed, unless Cause be shewn to the contrary on or and f. April 24. STEPHEN JOSEPH MEANEY, Liverpool, newspaper proprietor, May 8 and 30 at 11, Liverpool: Off. Ass. Cazenove; Sol. Pemberton, Liverpool.-Pet. f. April 25. WILLIAM BIRT, Liverpool, shoemaker, May 10 and 31 at 11, Liverpool: Off. Ass. Turner; Sols. Minshull & Horner, Liverpool.-Pet. f. April 24. CERTIFICATES. before the Day of Meeting. Thomas Pepper, Mountfield, Sussex, wheelwright, May 18 at half-past 1, London.-John Whittaker Bush, Wandsworth, Surrey, colour manufacturer, May 22 at 2, London.Theodore Hyla Jennens, Halkin-street West, Belgrave square, and Church-street, Chelsea, Middlesex, papier-maché manufacturer, May 22 at 1, London.-Thomas Weare Hophalf-past 11, London.-John Mintorn the younger, New Bond-street, Middlesex, manufacturer of materials for wax flowers, May 19 at 11, London.-Levi Lowndes, Abergavenny, Monmouthshire, draper, May 22 at 11, Bristol.Mark Bowden, Bristol, flint-glass manufacturer, May 21 at 11, Bristol. William Johnson, Shrewsbury, Shropshire, leather dealer, May 21 at 11, Birmingham.-Wm. Grindy the younger, Longnor Edge, near Longnor, Staffordshire, cattle salesman, June 1 at 11, Birmingham.-George Chambers White, Donington, Lincolnshire, brewer, May 22 at half-past 11, Nottingham. JOSHUA EYRE, Chowbent, Leigh, Lancashire, silk manu-kins, King's-road, Chelsea, Middlesex, hosier, May 21 at facturer, May 11 and June 7 at 12, Manchester: Off. Ass. Fraser; Sol. Hampson, Manchester.-Pet. f. April 19. JOHN BRIMELOW, RICHARD DANIELS, and SAMUEL DANIELS, Bedford, Leigh, Lancashire, silk manufacturers, May 10 and June 7 at 12, Manchester: Off. Ass. Hernaman; Sol. Welsh, Manchester.-Pet. £. April 23. MEETINGS. Emelie Weisse, Piccadilly, Middlesex, milliner, May 11 at 12, London, aud. ac.-John Julius Stutzer, Guildford-street, Middlesex, shipowner, May 11 at 11, London, aud. ac.-T. C. Jennings, Ipswich, Suffolk, tea dealer, May 10 at 11, London, aud. ac.—Maximilian Gutkind, Noble-street, City, merchant, May 9 at half-past 12, London, aud. ac.-Thomas W. Hopkins, King's-road, Chelsea, Middlesex, hosier, May 9 at 11, London, aud. ac.; May 21 at 12, div.-William Elson, Hartley Wintney and Elvetham, Southampton, brickmaker, May 7 at 11, London, aud. ac.-George Cuckow, Woodbridge, Suffolk, grocer, May 9 at 11, London, aud. ac.— Nathaniel Symons, Cambridge-street, St. Pancras, Middlesex, ironfounder, May 9 at 11, London, aud. ac.-Walter Faithfull, Ironmonger-lane, City, liuen agent, May 15 at 11, Loudon, aud. ac.; May 22 at 12, div.-George Simons and Moses Simons, King's-square, Goswell-road, To be granted, unless an Appeal be duly entered. James Kevis, Old-street, St. Luke's, Middlesex, licensed victualler.-Edouard Simon, South-street, Brompton, Middlesex, and Mark-lane, City, wine merchant.-Richard Nash, Wolverhampton, Staffordshire, innkeeper.-Wm. Ellis the elder, Nottingham, and Atherstone, Warwickshire, and Wm. Ellis, the younger, Atherstone, scaleboard manufacturers. PETITION ANNULLED. Charles Mottram Cheetham, Worksop, Nottinghamshire, linendraper. [For continuation of Gazette, see p. 175.] CONTENTS. "THERE is no doubt but that all questions upon the rules of evidence are of vast importance to all orders of men: our lives, our liberty, and our property are all concerned in the support of these rules, which have been matured by the wisdom of ages, and are now revered for their antiquity, and the good sense on which they are founded." Such was the opinion expressed by Lord Chief Justice Kenyon upon the law of evidence as it stood sixty years since. Between that time and the present, this revered state of things has been much altered by legislative enactments, whose authors, having demonstrated that the old system was not perfection, boldly attacked and improved upon it. Taught by experience, the Profession and public are now willing patiently to discuss questions upon this, as on any other branch of the law. It cannot be denied that the rule excluding hearsay evidence, though in general admirably calculated for trial before popular tribunals, may on many occasions lead to a failure of justice. This rule has in consequence been, in certain instances, relaxed. Mr. Pitt Taylor, in the first volume of his work on Evidence, (p. 498), enumerates six classes of exceptions, the sixth of which is, "dying declarations." He observes of them that they are allowed on the ground of the assumed absence of better evidence, and, as it were, from necessity. The exception, then, being admitted, it is curious to observe how its application has been narrowed, so that at the present time it is available but in one single instance. It is essential to the admissibility of these declarations that they should be made by a person in extremis; that there should be at the time of the statement actual danger, (which has been followed by death), and a firm belief that death was impending; and such declarations are, of course, only admitted as to matters to which the declarant would have been competent to testify if he had been VICE-CHANCELLOR STUART'S COURT. By T. F. MORSE, Barrister at Law. Page v. Bennett. - (Parties- Demurrer-22 § 23 Vict. c. 35, s. 4-Covenant to insure, relief against forfeiture in respect of breach of Ejectment— Whether act prospective or retrospective-Costs). 419 COURT OF QUEEN'S BENCH. By G. J. P. SMITH, Barrister at Law. Woodhouse, App., Wood, Resp.-(20 & 21 Vict. c. 43, 8. 2-Case-Notice to respondent-Condition) Nicholson v. Ricketts.-(Contract between two firms -Exchange operations-Bills of exchange-Action by purchaser of bills for not accepting— Money had and received-Representation)... ..... 421 422 Mumford v. Gething.-(Contract in restraint of trade - Commercial traveller-Evidence - Admission of extrinsic evidence to apply written contract).. 428 COURT OF EXCHEQUER. By W. M. BEST, Barrister at Law. Allsop v. Allsop.-(Slander-Special damage-Husband and wife-15 & 16 Vict. c. 76, 8.40) ...... 433 sworn in the cause. The general principle on which this species of evidence is admitted, according to the language of Lord Chief Baron Eyre, is, "that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone, when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath in a court of justice." (Rex v. Woodcock, 1 Leach's C. C. 502). Such reasoning seems to warrant generally the admission of declarations made under the circumstances mentioned above, and does not point to a distinction to be made between civil and criminal cases, or to one set of criminal cases over another. But, notwithstanding that this principle and reasoning are admitted, it appears to be the law that evidence of this description is admissible in no civil case, and in criminal cases only in the single instance of homicide, where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declaration. (Rex v. Mead, 2 B. & Cr. 608). It is this distinction that we think is taken upon no solid ground, and the rejection of this species of evidence in civil and criminal cases generally is not to be supported. The principle of this exception to hearsay evidence being admitted should be admissible generally; if it is denied in civil matters, it is equally liable to objection in criminal; if refused in some criminal cases, still more ought it to be suspected in cases where the prisoner's life is endangered. If excessive caution discards it in the former instance, it ought to make the rule still stricter in the last case. If it is admitted through convenience and necessity in the one acknowledged instance, the same convenience and necessity require its admission in the other cases, where it may be applied with less danger in its results. The reasons, however, for thus restricting the admission of this evidence are given by Mr. Justice Livingston in the American case of Jackson v. Kniffen, (2 Johns. 31). In this case it was sought to get rid of a will by the dying declaration of the testator, which was to the effect that he had been compelled to make his will by duress. This evidence was rejected by three judges to two-the Chief Justice Kent, one of the three, not giving his reasons. Mr. Justice Thomson's reason was, that "to permit wills to be defeated, or in any manner whatsoever impeached, by the parol declarations of the testator, appeared to be repugnant to the genius and spirit of the statute," (the Statute of Frauds); thus avoiding the present question. The third judge was Mr. Justice Livingston, whose observations appear to have greater force, if applied as objections to the quality or weight of the evidence, than to its admissibility. He said that the reasons against its admission were-first, the danger of perjury in fabricating declarations, the truth or falsehood of which it is impossible to ascertain; secondly, the danger of letting in incomplete statements, which, though true as far as they go, do not constitute the whole truth; and, thirdly, the experienced fact, that implicit reliance cannot in all cases be placed on the declaration of a dying person; for his body may have survived the powers of his mind; or his recollections, if his senses are not impaired, may not be perfect; or, for the sake of ease, and to be rid of the importunity of those around him, he may say, or seem to say, whatever they choose to suggest. Mr. Pitt Taylor goes on to say, that as these considerations are thought to counterbalance the force of the general principle, the exception under review is restricted to cases of homicide, and is there recognised on the ground of necessity." For as it often happens that no third person was present as an eye-witness to a murder, and as the party injured, who is the usual witness in other cases of felony, cannot himself be called, it follows, that if his dying declarations could not be received, the murderer might often escape justice. (Jackson v. Kniffen, 2 Johns. 31, 35). at the last Spring Assizes for Gloucester, a person was indicted for using an instrument with intent to procure miscarriage. The woman died. Mr. Justice Keating admitted, subject to review, her dying declarations to the fact. Without them a failure of justice would have ensued. The prisoner was convicted. Was there not an equal necessity in both these cases with the former one for its admission? If death had resulted with sufficient proximity to have justified a charge of manslaughter, whatever his victim had said on her deathbed would have been good evidence against the prisoner; but to charge him with a lesser crime, it is not to be admitted. In truth, the reasons given for confining the exception under review to the one solitary instance mentioned are not sound; but declarations made under the circumstances mentioned in the commencement of this article ought to be admitted in all cases where no other better evidence can be obtained to supply their place. They would be subject to the observations of counsel, and go valeant quantum. The absence of opportunity for cross-examination, the physical and mental condition of the deponent, the accuracy or possible inaccuracy of the relator, and any other notable surrounding circumstances, would be legitimate subjects of observation to the jury, to give weight to or detract from the value of the testimony. If any reason could be found sufficient to exclude this evidence, we should be disposed to put it on the want of a power of cross-examination; but whilst this has great influence on the value of the evidence, yet it ought not so to weigh given as to withdraw it entirely from the consideraagainst the solemnity of the occasion on which it is tion of the jury. We do not deny that great cau tion should always be exercised in the use of this kind of evidence; but it does seem to us that it might be used with less danger in the instances in which it is excluded, than in the one in which it is permitted; for in the latter case the impressions formed have, in all probability, been gathered in a scene of violence, and under circumstances of surprise and confusion, which would lead to mistakes of identity and omission of facts. Our space will not admit, on this occasion, of an examination of the authorities on this question, but a authorities do not negative beyond dispute the admis future opportunity may be afforded of shewing that the sion of this species of evidence in civil and criminal cases to the extent commonly supposed. GENTLEMEN CALLED TO THE BAR. degree of Barrister at Law:- Now, if these three reasons are sufficient, in civil and all criminal cases but that of homicide, to exclude the evidence, they certainly ought to exclude it where its admission jeopardises, not the property or liberty only, but the very life of the fellow-citizen upon his trial, where a miscarriage cannot be remedied. The fact is, if this reasoning is to prevail, the third objection would be conclusive against its admission in this instance also. Then, too, it is said, the necessity of the case requires its acceptance; but the example given is no more conclusive than one in which it was rejected. One of the instances quoted in proof of the proposition contended for by Mr. Pitt Taylor affords an equally potent instance with the one we before mentioned, of the delinquent escaping justice unless the dying declaration is admitted. In Rex v. Hutchinson (2 B. & Cr. 608, note) the prisoner was indicted for administering savin to a woman Allen Marden Graham, Esq., B. A.; Charles Joseph INNER TEMPLE.-Samuel John Housley, Esq., B. A.; who was pregnant, but not quick with child, with Theophilus Hambro, Esq.; John Gully, Esq., M. A.; intent to procure abortion. The woman was dead-Thomas Woodcock, Esq.; and Lumley Smith, Esq., her dying declaration was offered-the evidence was rejected; and though the result of the case is not stated in the report, yet it is improbable that any other person could speak to the circumstance. So, LINCOLN'S INN.-Henry Wynne Seymour Smith, Esq., B. A.; Edmund Haviland Burke, Esq.; Hugh Charles Penfold, Esq., M. A.; Charles Baron Clarke, Esq., M. A.; William Latham, Esq., B. A.; James Curtis Leman, Esq., B. A.; Lewis Price Delves Broughton, Henry Longley, Esq., M. A.; and Frederick Collins Esq., B. A.; William Coryndon Gurney, Esq., B.A.; Wilson, Esq., B. A. M.A. MIDDLE TEMPLE. - Frank Stanley Dobson, Esq., LL. B.; Butler Charles Rigby, Esq.; James Lowe, Esq.; and John Andrews, Esq., B. A. |