WEEKLY REPORTER, 1862-63, (ELEVENTH YEAR), CONTAINING CASES DECIDED IN THE SUPERIOR COURTS Of Equity and Law, ALSO IN THE PROBATE, DIVORCE AND MATRIMONIAL, ADMIRALTY, AND BANKRUPTCY COURTS, WITH APPEALS TO THE HOUSE OF LORDS AND PRIVY COUNCIL. FROM MICHAELMAS TERM, 1862, TO THE SITTINGS AFTER TRINITY TERM, 1863. TO WHICH ARE ADDED A DIGESTED INDEX AND A TABLE OF THE NAMES OF ALL CASES DECIDED AND REPORTED DURING THAT PERIOD. WITH REFERENCES TO CONTEMPORANEOUS REPORTS AND PUBLICATIONS. VOL. XI. EDITED BY MARTIN WARE AND STANDISH GROVE GRADY, ESQS., OF LINCOLN'S INN AND THE MIDDLE TEMPLE, BARRISTERS-AT-LAW. LONDON: 59, CAREY-STREET, LINCOLN'S-INN, W. C. PREFACE. THE Editors of the WEEKLY REPORTER have but little to add to what has been said in the Prefaces to former volumes. The Eleventh volume, just completed, contains the reports of 1,163 cases, and the Editors confidently submit them to the Profession as fully maintaining the character of the Publication for accuracy and expedition. Most of these cases have been published within a few days of their decision. But it has sometimes happened that the length or importance of a case has rendered it necessary to devote more time to its preparation, and others have been delayed from want of room in the weekly numbers. The latter difficulty will be in a great measure removed in the ensuing year, by a more frequent issue of Double Numbers during the sittings of the Courts. In consequence of the great interest felt in the law and practice of the Courts of Bankruptcy under the late Act, it was thought advisable at the commencement of the present year, to arrange for reporting the decisions in those Courts, as well as in the Court of Appeal. The same consideration has led to the determination to appropriate a greater space in the ensuing Volume to decisions on this important branch of the law. The ANNUAL DIGESTS have been compiled with great care, and contain references to other reports published contemporaneously, or at a subsequent period of the year. The practical utility of the Digests has been increased by a more extensive subdivision of the subjects, and by a fuller system of cross-referencing than in former years. This, as well as the increased number of cases reported, has swelled the Digests beyond their usual size, but this inconvenience will be more than counterbalanced by the advantages obtained. Where cases reported by their contemporaries have not appeared to the Editors to contain any point of sufficient importance or novelty to justify the insertion of a full abstract of the decisions in the Digest, they have considered it sufficient simply to refer to the names and subjects of such cases, and in a few instances have omitted them altogether. October, 1863. |