The Sun.
London, England, 1851-01-13 00:00:00

LITERATURE

AN INDEX TO THE REPORTED CASES
not Overruled or Obsolete, and to the Statutes,
Rules and Orders relating to the Principles,
Pleading, and Practice of the Courts of Equity
in England and Ireland, and of the Equitable
Jurisdiction of the House of Lords and Privy
Council, from the earliest period of time to the
year 1850. By John Jagoe, Esq., Barrister. at-
Law. London: Butterworth, Fleet street ; Stevens
and .Norton, Bell-yard ; Simpkin, Marshall and,
Co., Stationers' Hall-court. Dublin: Hodges and
Smith, Grafton-street.
Mr. Jagoe has already attained a distinguished po-
sition as a legal writer. In the many able works
which hare already emanated from his pen, and to
which we have from time to time bad the pleasure of
directing the public attention, he has shown himself to
be fully possessed of all the qualifications necessary
for the important duties he had undertaken. Learned,
acute, perspicuous, but, above all, of unceasing in-
dustry, he showed himself to be fully acquainted with
all matters necessary to elucidate any of the varied
subjects on which he was engaged. Anticipating the
points that might be raised by the ingenuity of counsel,
he furnished astute arguments in favour of his exceed-
ingly clear vie ws, and that briefly and intelligibly, so that
they might be comprehended by the non-professional
readers. No unnecessary matters were introduced
that could by a possibility be regarded as savouring
of book-making, or being inserted merely to increase
the size and the price of his work. But if there was
no surplusage there was no omission; nothing was left
out that could cast light upon the topic under die-
cussion, or compel a party preparing an argument to
seek instruction from other authorities. The mate-
rials were carefully selected by the learned author,
who spared no pains to render his works useful to all
classes, and worthy of his own labouriously- acquired.
and well-merited reputation. It was with such a
character and such qualifications that Mr. Jagoe en-
tered on his magnum opus, the equity index now
under notice. It was truly a gigantic undertaking,
a task that might have deterred men of even the most
untiring industry. To classify and arrange under
appropriate heads the cases contained in the mul-

tft-udi-nous reports of the proceedings in the
courts of equity of England and Ireland, and
of the equitable decisions of the House of Lords
and Privy Council from the earliest period to the year
1850 was indeed an herculean labour, and this was
greatly enhanced by the necessity of omitting the
cases that had been overruled or become obsolete.
It thus became a matter of greater difficulty to de-
aide on the cases to be erased than those that should
remain; the stylus should be freely resorted to, but
it was obviously essential to the value of the work as
a book of reference. If cases not now recognized,
which could not properly be cited in court, were in-
serted, it would not only greatly increase the labour
of the practitioner in hunting out precedents, but it
would not be certain that the cases when discovered
would be beneficial to the cause, or available during
the discussion. By his indefatigable labour, however,
Mr. Jagoe has (while reducing his work within the
most moderate compass, and at a proportionately re-
duced price) diminished the labour of the student or
advocate to a small proportion of what it would other-
wise be, in ascertaining the present state of the law,
and enabled him to rely with confidence on every
case inserted as an existing and effective au-
thority, which he may safely depend on when
forming his opinion or arranging his line of argument.
There was, perhaps, no work so much required by the
profession generally as that, the first volume of which
has now appeared. Chitty's able Index had long
been out of print, and could not be obtained at any
price, save by mere accident, and then at a much
higher figure than that originally fixed ; and even
those who were so fortunate as to possess the rare and
valuable volumes had nothing of more recent date to
consult, so that they were compelled to examine the
various reports that have appeared from the year pre-
ceding the publication of Chitty's " Equity Index."
There were also many important legal reforms intro-
duced during the interval ; so that, to a certain ex-
tent, the labours of Chitty were rendered of but little
value. There was, indeed, a hiatus valde deflendus,
which was painfully felt by the members of the
equity branch of that honourable profession, whose
toil must be sufficiently onerous even under the most
favourable circumstances. This void, we are happy
to say, is now supplied, and judging by what we have
already seen, and the promise of the speedy appear-
ance of the remaining volumes, in a manner to leave
nothing to be desired on the part of the profession or
the public.
In order to suit the public convenience, Mr. Jagoe
has divided his subject into three parts—an arrange.
ment for which he is entitled to the marked thanks of
the community, more especially to those of equity
practitioners. It might be supposed that the inte-
rests of the learned writer would have been advanced
by delaying the publication until it could appear in a
complete form ; but Mr. Jagoe has learned that the
true interests of author and reader are one and indi-
visible, and that what is found to be convenient and
beneficial by the latter will inevitably prove advanta-
geous to the former. Tt'e exigencies of the case re
quired a speedy publication, and what was most
wanted was a continuation rather than an emendation
of Chitty. The changes and alterations in the prac-
tice and rules of procedure rendered the latter essen-
tial, but it was not so urgently required as the
former. In the present volume we find what may
be properly styled a continuation of Chitty to
the present time. All the recent cases that have been
decided since the publication of his Index are given—
all the judgments, in fact, which have appeared
during the periods when Lords Cottenham and
Lyndhurst held the great seals of England, and Lord
Plunkett, Sir Edward Sugden, and the Right Hon.
Maziere Brady were Chancellors of Ireland. It
is almost unnecessary to say that this arduous duty
his been most ably fulfilled. Mr. Jagoe does not
perform his undertakings in a slovenly or inefficient
manner. A nice discrimination has been evinced in
dividing the cases and classifying them under the most
appropriate heads ; and a great number of sub-divisions
have been resorted to, which will enable the searcher
speedily to find the matter he requires. The hand of
the master is perceptible in every page. The later
decisions are generally placed first in order. This is
a great advantage, because frequently the last autho-
rity will notice and review all those preceding it, so
as to render any examination of the more ancient
precedents almost unnecessary. The appeal cases to
the House of Lords are placed first, followed by those
to the Privy Council, and then the decisions of Courts
of Chancery in England and Ireland, the Rolls' Court
in each country, and the Vice- Chancellors' Courts, ac-
cording to their respective precedence. So much for
what has already been done, by which Mr. Jagoe has
crowned his well-established reputation, and achieved
for himself a place in the foremost rank of the legal
authors of the country.
We may now briefly notice what we are told will
speedily be produced. The second volume will give
the pleading and practice cases, and the rules, orders,
and statutes, including those of the last session of
Parliament, and the rules founded thereon, together

with the table of cases fur both volumes, thus form-
ing a complete equity practice. This volume has
only been postponed in order that it may include
the Chancery orders of Michaelmas Term, 1850, and
we may look for its publication almost every week.
The third and concluding volume will contain all
the early decisions relating to the princi-
ples of equity which have not been over-
ruled or become obsolete, and it is stated that it
will be ready for delivery in Easter Term, when the
important work will be completed in every particular.
It is, however, no ordinary recommendation that
each volume will be complete in itself, so that each
person may know in a moment that which he will
require to look into, according to the nature of his
object. On the whole, we can earnestly commend
the work to all practitioners in equity as one that will
prove a material assistance in their labours, which will
be considerably alleviated by its aid ; indeed no
equity library can be perfect unless it has a place
therein. It will also be valuable as a book of refer-
ence to common-law practitioners, and even to th•
community in general—to all, in fact, who desire to
have some knowledge of the laws and administration
of justice in the land they live in.

TIME, THE AVENGER..--The moat popular and most
instructive of modern novelists, the gifted author of "Emilia
Wyndham," "The Wilmingtons," and various other admi-
rable productions, has just published a new work with the
♦ery suggestive title of " Time, the Avenger," which is
already attracting the greatest attention in literary circles
on account of its deep pathos and pure feeling; the leading
features, self-sacrifice on one side, and disappointed passion
on the other, having been drawn with a graphic power that
every one must recognise. " Time, the Avenger," gives the
author indeed increased claims on the respect and gratitude
of the public.
In order to deserve a true friend, we must learn
first to be one. —Eliza Cook's Journal.

MOUE SECESSIONS TO POPERY.—The Rev. J. 11.
Woodward, incumbent of the parish of St. James, the
largest and most populous parish of the city of Bristol, has
tendered his resignation of that living, with the intention,
it is understood, of immediately joining the Church of Rome.
The Rev. Gentlanau had intimated his intention of preaching
his farewell sermon yesterday, and large numbers attended
in the expectation of hearing it, but they were doomed to
disappointment, the entire service being performed by the
curate, and the incumbent not. being present. The ex 1,1-
nation given was, that upon consultation with his friends
Mr. Woodward had come to the conclusion that it would
most conduce 'to peace and -goodwill it' be abstained
from preaching, and published his reasons for secedin
wheng in a
pamphlet. The Reverend Gentleman, although ap-
ointed to the livin he belonged to that section of the
Church which is known as " Evangelical," has more recently
been remarkable for the Tractarian mode of celebrating di-
vine worship, and it will be remembered that a short time
ago he, in opposition to the expressed wishes of his diocesan,
permitted Dr. Pus*, to preach two sermons in his church.
Mr. Francis Ward, one of the partners in the eminent' legal
firm of Osborn, Ward, and Co., of Bristol, and son of Mr.
Alderman Ward, has likewise, with his lady, joined them-
selves to' the Rornish. church. One or two other anticipated
in high life in that city, -are freely
eases of "perversion"
talked about