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II.

THE CRIMINAL RESPONSIBILITY OF JUVENILE OFFEND-
ERS, IN CONNECTION WITH SUITABLE HOUSES OF
RESCUE AND REFORMATION.

293

III.

WHETHER ON A PROPOSITION FOR THE GUARANTY OF
A DEBT TO BE CONTRACTED BY A THIRD PERSON,
NOTICE OF ACCEPTANCE OF THE GUARANTY IS NE-

CESSARY.

IV. CAPTAIN KIDD.

V.-WHEATON ON THE RIGHT OF VISITATION AND SEARCH. 363

VI. GREENLEAF ON EVIDENCE.

JURISPRUDENCE.

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I.

379

DIGEST OF ENGLISH CASES.

401

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Art.

2.- Rudiments of American Law and Practice.
3.Case and Opinion of P. S. Duponceau and A. Da-

vezac, Esqrs., on the Contested seat of Hon.
David Levy, Delegate from the Territory of Flor-
ida to Congress.

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4. — The Bankrupt Law of the United States.

5. — Rules and Forms in Bankruptcy in the District of

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Page.

464

464

465

465

6.- A Commentary on the Bankrupt Law of 1841. 466 7.- A Treatise on the Law and Practice of Bankruptcy. 466 Cases, chiefly relating to the Criminal and Present

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ment Law of Ireland.

468

9.-A Practical Treatise of the Law of Evidence, and
Digest of Proofs in Civil and Criminal Proceedings. 469
10. A Treatise on the Law of Set Off, with an Appen-
dix of Precedents.

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11.- Commentaries on the Law of Nations. QUARTERLY LIST OF NEW PUBLICATIONS.

469

471

478

INDEX.

Bayley, Sir John, sketch of life of, 251.

Bentham, Jeremy, letter of, 62-69.

Competency of juror, 169–180.

Creole, case of the, 69-116; postscript to, 180.

Critical Notices: - Ashmead's Reports, 243; Barbour on Set-Off, 469; Bar-
bour's Magistrate's Criminal Law, 463; Bicknell's Commentary on the
Bankrupt Law. 466; Chandler's Bankrupt Law, 465; Chitty on Contracts,
240; Clerke's Rudiments and Practice, 464; Field's Bills, 241; Gerhard's
Starkie on Evidence, 469; Greenleaf on Evidence, 237; Jones's Legal
Science, 242; Jones on Right of Suffrage, 238; Jebb's Criminal cases, 468;
Owen on Bankruptcy, 466; Pierpont's Trial, 244; Rules in Bankruptcy,
465; Sherman's Insurance Digest, 243; Wheaton's Law of Nations, 244;
Wheaton's Right of Visitation and Search, 363; Wigram's Law of Discov-
ery, 239; Manning's Commentaries on the Law of Nations, 471.
Demurrer, Judgment Record upon, 247.

Erasure, question in the law of, 56.

Estoppel, question in the law of, 50.

Greenleaf on Evidence, review of, 379.

Guaranty, acceptance of, 336-347.

Juvenile Offenders, responsibility &c., of, 293–336.
Kidd, captain William, (alias Robert) trial of, 347-363.
Loughborough, lord chancellor, life of, 257-293.

Thurlow, lord chancellor, life of, 1-50.

Visitation and Search, right of, 116–147; 363–379.

AMERICAN JURIST.

NO. LIII.

APRIL, 1842.

ART. I.-LIFE OF LORD THURLOW.

[From the Law Magazine, volumes vi. and vii.]

EDWARD THURLOW was born some time between the years 1730 and 1735, at the village of Little Ashfield, otherwise called Badwell Ash, near Stowmarket, and about midway between Bury and Diss, in Suffolk. His father, the reverend Thomas Thurlow, was at that time vicar of the parish, which he afterwards quitted for the rectory of Stratton St. Mary's, in Norfolk. The income derived from either of these livings was not by any means considerable, and as there were three sons to be put forward in the world, they of course could not expect any very great pecuniary assistance from him. Indeed, he used constantly to say that a good education was all he could afford to give them, and their prosperity in life must depend altogether on the use they might make of it. As far as Edward was concerned, he was wont to add, he had no fears or apprehensions, for he was very sure he would manage to fight his way. Edward eventually gave full proof of his ability to fulfil this prediction, whether it was meant in a figurative or a literal

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After going through the common routine of youthful education, partly under the eye of his father, and partly at Bury grammar school, he was sent to Caius College, Cambridge. His academical career, however, did not furnish any very hopeful prognostics of his future success in the world. While he remained at the university, he was much more often seen lounging at the gates of his college, or figuring in a convivial symposium, or loitering in some of the coffee houses then frequented by the under-graduates, than attending in the chapel or the lecture room; and his frequent breaches of academic discipline made him tolerably familiar with the impositions, confinements to gates and bounds, privations of sizings, and other such punishments as are awarded by the parental tenderness of Alma Mater to those of her sons who presume to disregard the rules she has prescribed for their government. It was the infliction of one of these tender mercies that indirectly became the occasion of his quitting the university. He was summoned, by no means for the first time, before the dean of his college respecting some irregularity he had been guilty of, and, not for the first time either, was required to expiate his offence by executing one of those extraordinary tasks familiar to careless or refractory under-graduates by the name of impositions. The penalty imposed was, that he should translate a paper of the Spectator into Greek. There was no appealing against this decree; no resource but submission; and the conditions of atonement were accordingly fulfilled by the performance of the exercise. But young Thurlow, though he so far complied with the order of the dean, could not resist the opportunity of shewing that he entertained no great respect for him, whatever obeisance he might be under the necessity of paying to his office. When, therefore, the task was completed, instead of carrying it as is usual to him who had imposed it, he left his paper with the tutor. The reverend dispenser of punishments looked upon this as a breach.

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