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July. 16th. ROLFE, CHARLES WELLS, Esq., Solicitor, aged 59. 24th. CRAWLEY, GEORGE ABRAHAM, Esq., Solicitor, aged 66. 26th. BADGER, THOMAS, Esq., Solicitor, aged 70. 26th. HARRISON, F. J., Esq., Solicitor, aged 35. 30th. TRAILL, DR. THOMAS STEWART, Professor of Medical Jurisprudence in the University of Edinburgh, aged 80.
August. 5th. MOSELEY, JOSEPH, Esq., Chief Justice of the Gold Coast. 9th. HARRISON, GEORGE MARSH, Esq., Solicitor, aged 53. 10th. HUSTWICK, WILLIAM ANTHONY, Esq., Solicitor, aged 23. 12th. TURNER, John, Esq., Barrister, aged 88. 17th. PATERSON, WILLIAM SIMPSON, Esq., Solicitor, aged 60. 18th. BARKER, CHARLES HENRY, Esq., Solicitor, aged 35. 20th. CHADWICK, WILLIAM, Esq., Solicitor, aged 51. 27th. Hogy, Thomas JEFFERSON, Esq., Barrister, aged 70. 27th. INGOLDSBY, CHRISTOPHER, Esq., Solicitor, aged 45.
September. 5th. FROST, CHARLES, Esq., Solicitor, aged 81. 8th. Powell, HENRY, Esq., Solicitor, aged 59. 14th. COOMBE, W. A., Esq., Solicitor, aged 66. 14th. PEARSON, CHARLES, Esq., City Solicitor, aged 68. 15th. HOLLINGS, J. F., Esq., Barrister. 17th. RICHARDSON, JOHN CRESSEY, Esq., Solicitor. 17th. LAWRENCE, JOHN WILLIAM, Esq., Solicitor, aged 38. 27th. CROPPER, JOSEPH ALMOND, Esq., Barrister, aged 80. 29th. YAPP, RICHARD, Esq., Jun., Barrister, aged 28.
2nd. MILLER, HENRY, Esq., Solicitor, aged 63. 13th. Port, FREDERICK WILLIAM, Esq., Solicitor, aged 69. 18th. RADCLIFFE, JOSEPH Ormsby, Esq., LL.D., Q.C., Judge of
the Consistorial Court, Ireland. 20th. RILEY, John, Esq., Barrister. 21st. BUBB, JOHN, Esq., Solicitor, aged 66. 23rd. METCALFE, FREDERICK, Esq., one of the Registrars of the
Court of Chancery, aged 45. 23rd. SMITH, J. G. S., Esq., County Court Judge, aged 64. 25th. KELL, WILLIAM POTHILL, Esq., Solicitor, aged 66.
List of New Publications.
Archbold-Chitty's Archbold's Practice of Court of Queen's Bench in Personal Actions and Ejectment ; including the Common Pleas, and Exchequer. Eleventh Edition. By S. Prentice, Esq., Barrister, 2 vols., Royal 12mo., £2 12s. 6d. cloth.
Bruce—The Land Transfer Act, and the Declarations of Titles Act, 1862, concisely discussed and explained, with an introductory analysis and an outline of the Proceedings, with a copious Index, Forms, Orders, Costs. By W. D. Bruce, Esq., Barrister. Post 8vo., 78. 6d. cloth.
Chitty-Forms of Practical Proceedings in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas; with Notes and Observations thereon. By T. Chitty, Esq., Ninth Edition. Royal 12mo., 138, 6d. cloth.
Doria and Macrae—The Law and Practice in Bankruptcy under the Provisions of the Bankruptcy Law Consolidation Act, 1849, as amended by subsequent Statutes, 17 & 18 Vict., cap. 119, and 24 & 25 Vict., cap. 134, including the General Orders and Forms of Procedure. By A. A. Doria and D. C. Macrae, Esqrs., Barristers. Vol. II., part 1 (to be completed in two vols.). 12mo., 7s.6d. boards.
Foote—The General or Principal Highway Act, and other Statutes affecting the Law in connexion with the Highways in England and North Wales. By W. Foote, Solicitor. Third Edition. 12mo., 10s. 6d. cloth.
Fry—The Union Assessment Committee Act, 1862 (25 & 26 Vict., cap, 103); with an Explanatory Introduction and Practical Notes. By D. P. Fry, Esq., Barrister. 12mo., 2s. cloth.
Glen-Treatise on the Law of Highways; comprising the Statute Law and the Decisions of the Courts on the subject of Highways, Public Bridges, and Public Footpaths, including the Act for the Better Management of Highways, &c., &c., 1862. By W. C. Glen, Esq., Barrister. 12mo., 108. 6d. cloth.
Glen-The Act for the Better Management of Highways in England, (25 & 26 Vict., cap. 61,) with Introduction and Notes. By W.C. Glen, Esq., Barrister. 12mo., 28., cloth.
Gough—A Manual of Practice in the Office of Land Registry: including the Acts to Facilitate the Proof of Title (25 & 26 Vict., cc. 53, 67); also the General Rules and Orders, Forms, and Tables of Fees. By H. Gough, Esq., Barrister. 12mo., 5s. 6d. cloth.
Grady-Handy Book on the Diminution of the Poor Rates. By S. G. Grady, Esq., Barrister. 12mo., 1s. 6d. sewed.
Inderwick.—The Divorce and Matrimonial Causes Acts, with the Rules and Orders, Notes and Forms. By F. A. Inderwick, Esq., Barrister. Royal 12mo., 6s. cloth.
Miller-The Act to Facilitate the Proof of Title to and the Conveyance of Real Estates ; with Practical Notes, to which is appended the Declaration of Title Act, 1862, and the General Rules and Orders. By A. E. Miller, Esq., Barrister. 12mo., 3s. sewed.
Oke—The Magisterial Synopsis. A Practical Guide for Magistrates, their Clerks, Attorneys, and Constables ; Summary Convictions and Indictable Offences, with their Penalties, Punishments, Procedure, &c., &c., being Alphabetically and Tabularly Arranged. By G. C. Oke, Eighth Edition. 8vo., 50s. cloth.
Oke.-A Handy book on the Game and Fishery Laws, including the Game Poaching Prevention Act, 1862. By G. c. Oke. Post 8vo., 8s, cloth.
Poland-Trade Marks: The Merchandise Marks. Act, 1862. By B. Poland, Esq., Barrister. 12mo., 5s. 6d. cloth.
Railway Acts-A Collection of the Public General Acts relating to Railways in Scotland, 1830—1861. Fifth Edition. 12mo., 6s. cloth.
Roscoe—Digest of the Law of Evidence in Criminal Cases, Sixth Edition, with considerable alterations. By D. Power, Esq., Barrister. Royal 12mo., 30s. cloth.
Saunders—The Union Assessment Committee Act, 1862 (25 & 26 Vict., cap. 103), with Introduction, Notes and Index. By T. W. Saunders, Esq., Barrister. 12mo., 3s. 6d. cloth.
Shelford–The Law of Highways in England and Wales; comprising Highways in Districts under Boards of Health and of Local Government, and as affected by Railways: with additional Forms not contained in the Acts. By L. Shelford, Esq., Barrister. Third Edition. 12mo., 13s. cloth.
Smith-Manual of Common Law and Bankruptcy: founded on various Text Books and Recent Statutes, and designed as a Companion to Smith's Equity Manual. By J. W. Smith, Esq., Barrister. 12mo., lls. 6d. cloth.
Snowden-Police Officers', Constables' Guide, and Magistrates' Assistant. Fifth Edition. By W. C. Glen, Esq., Barrister. 12mo., 10s. cloth.
Standing Orders-Standing Orders of the Houses of Lords and Commons relating to Private Bills, Session 1863. 12mo., 5s. cloth.
Statutes-Collection of the Public General Statutes passed in the 25th and 26th years of the Reign of Her Majesty Queen Victoria, 1862. Royal 8vo., 16s. boards.
Watters—A Practical Treatise on the Statutes for the Amendment of the Law of Property. By R. Watters, Esq., Barrister. 12mo., 148. cloth.
Wills—An Essay on the Principles of Circumstantial Evidence. Illustrated by Numerous Cases, by W. Wills. Fourth Edition. By A. Wills, Esq., Barrister. 8vo., iOs. cloth.
, . 10s
Law Magazine and Law Review :
QUARTERLY JOURNAL OF JURISPRUDENCE,
Art. I. PROCEEDINGS ON THE TRIAL OF THE
CAUSE SEYMOUR v. BUTTERWORTH, FOR LIBEL.
BEFORE LORD CHIEF JUSTICE COCKBURN, and a Special Jury,
at Westminster, on the 2nd December, 1862. Counsel for the Plaintiff, Mr. LUSH, Q.C., Mr. KEANE, and Mr. J. BROWN.
For the Defendant, Mr. Serjeant SHEE, Mr. HAWKINS, Q.C., and Mr. R. A. FISHER.
The pleadings were opened by Mr. KEANE.
The Declaration set out at length the article published in Vol. XIII. of the Law MAGAZINE, at page 158, and headed “ William Digby Seymour, Q.C., M.P.” The Damages were laid at £5000.
Plea, Not Guilty, on which issue was joined.
Mr. Lush, Q.C. May it please your Lordship; Gentlemen of the Jury ;-I appear on behalf of a member of my own profession,a gentleman of rank in that profession, who has been for several years a member of the House of Commons, to complain of a most scandalous libel which has been published against him by the defendant, Mr. Butterworth, who, I may say, though the defendant here, is only the nominal defendant, as being the publisher of the periodical in which the libel appears. It is a libel published, not in a letter from one individual to another, -not even in a newspaper, which (though a newspaper may circulate more extensively than
VOL. XIV.NO. XXVIII.
this periodical) when once read may be, and perhaps generally is, laid aside and its contents forgotten, or at all events not kept to be appealed to,—but published in a periodical well known to every member of the legal profession and to every branch of it—a periodical which has been in existence now for many years, and which is intended to be kept, and is in fact kept, in the library of every lawyer who takes it in, as a permanent record and book of reference for that which is contained in it. It is in such a publication as that that this scandalous libel has been inserted for which Mr. Seymour now comes before you to claim compensation in order to vindicate his character.
Gentlemen, Mr. Butterworth, the well-known law publisher, is the defendant on this record. Who the writer of the article of which Mr. Seymour complains, is, we have been unable to ascertain. If I could name him to you, very likely we might be able to trace the origin of the spirit which is manifested throughout the libel. I am utterly unable, however, to do that. He shelters himself under the name of Mr. Butterworth, who defends this action. But, gentlemen, although I cannot trace out the individual by whom this libel was written, you will be at no loss to see, when I come to read it to you, that it has been penned by some person who, for some reason or other, has a most rindictive feeling towards Mr. Seymour, and that the manifest object of the writer has been to crush Mr. Seymour, if possible, both as regards his professional and political career. libel attacks him in almost every capacity of life. It sneers at his origin and at his education. Every step in advance which Mr. Seymour has made, whether in professional or political life, has been made the subject of vile imputations against him ; and I think that when I come to read the libel to you, you will not entertain the slightest doubt as to what the object of the writer was. Mr. Seymour's object in bringing this action was, that he might have an opportunity, now for the first time, of having the whole of his conduct brought before a jury in order that they might determine whether the charges which have been made against him are true or false. The writer of this article, however, shrinks from justifying it; and now that an action is brought against the defendant for having published it, he has not pleaded the truth of one single charge contained in it, but has merely pleaded that he is not guilty ; the consequence of which is, that no issue being raised upon the question whether the charges are true or false, the defendant is not permitted to prove their truth, and I, on the part of Mr. Seymour, am not permitted to prove their falsehood. Mr. Seymour, therefore, is now