responsibility of agents to the persons contracted with, Macbeath v. Haldiman, 1 Dun. and Ea. 172, or Hodg son v. Dexter, 1 Cranch. 345. As to variance between the allegata and probata, Bristow v. Wright, Doug. 664. As to the validity of a deed by feme on the eve of marriage, defeating the marital rights of her fu ture husband, Carleton v. Earl of Dorset, 2 Vernon 17; King v. Cotton, 2 P. Wms. 674; or Countess of Strathmore v. Bowes, 2 Brow. Ch. Rep. 345. As to the extent of the consideration of marriage to validate deeds against the claims of subsequent purchasers, under statute 27 Eliz. White v. Stringer, 2 Lev. 105. Jenkins v. Keymis, 1 Lev. 150. That an agent must perform the authorised act in the name of his principal, Combe's case, 9 Co. 76. Wilks v. Back, 2 East 142. Appleton v. Binks, 5 East 148. Fowler v. Shearer, 7 Mass. T. Rep. 14. In this way should the student treasure in his mind a governing case on every interesting doctrine of the law. As his mind matures, he will find no difficulty in retaining the names of most of the important cases which will lead him directly into the channel in which the law of a subject may be found at large. The subject of note books we have treated much in detail. Vid. post. It may, however, be well in this place, to advise the student to preserve, in a book for the purpose, a list of all such cases as in the course of his reading he may ascertain to be distinguished and leading; which should be placed under the heads to which they belong. The titles should be alphabetically arranged, and the cases only of great learning or importance should be inserted, without a comment, except where best reported. This kind of note book will consume but little of the student's time, will prove of great utility in the prosecution of his future inquiries, and will be found eminently serviceable, when the pressing and multifarious duties of a counsellor will so occupy his time, as to render highly important every means, which is calculated to abridge his labours. PARTICULAR SYLLABUS. TITLE V. "Habeant curiæ prætoriæ potestatem tam subveniendi contra rigorem legis, quam supplendi defectum legis. Si enim porrigi debet remedium ei quem lex præteriit, multo magis ei quem vulneravit.".....BACON DE AUG. SCIENT. LIB. VIII. CAP. III. THE LAW OF EQUITY. 1. A Succinct Account of the Origin of 3. Of Proceedings in Courts of Equity. 27th chap. of 3d Black. Com. 4. Of the Court of Chancery. 2 Bacon's Abridgment, p. 134. 5. Of the Practical Proceedings of Courts of Equity. 3 Wooddeson's Lect. pt. 3. lec. 55. 6. Fonblanque's Treatise of Equity. (Note 2.) 7. Newland's Treatise on Contracts, with the Jurisdiction of Courts of Equity. (Note 3.) E. 8. Sugden's Practical Treatise of the Law of Vendors and Purchasers. E. 9. Barton's Treatise of a Suit in Equity. 10. Cooper's Treatise of Pleading on the Equity side of the High Court of Chancery. (Note 4.). MISCELLANEOUS. E. 1. Norburie's Observations on the abuses and remedies of Chancery. Law Tracts, p. 426. Hargrave's 2. Arguments before lord chan. Loughborough in the case of Middleton v. lord Kenyon and others. Hargrave's Juridical Arguments, p. 293, or 2 Vez. jun. 391. 3. Arguments before lord chan. Thurlow in the case of Scott and wife v. Vernon and others. Hargrave's Juri. Argu. p. 22. [There is a report of this case in 2 Dickens's Chan. Rep. 712, and 2 Brow. Chan. Cas. 431. Vid. also Cooper's edition of Justinian's Inst. 528.] NOTES ON THE FIFTH TITLE. (Note 1.) REEVES ON CHANCERY JURISDICTION. The history of the gradual establishment of chancery jurisdiction is essential to the acquisition of a definite idea of the nature and extent of chancery powers; a subject of some difficulty, and for a long time of much disputation. The limits or criteria which distinguish equity from common law, are not very certain, as may be seen by consulting the pages of lord Kaims and jus-` tice Blackstone. It is manifest that the history of equity jurisdiction must be of great service in ascertaining the principle which distinguishes the duties of a chancellor from those of a common law judge; for in this history, the full extent of the powers of the latter is unfolded; and as their inadequacy was progressively discovered, we perceive the origin and growth of the former. It is, perhaps, not very practicable to give a rule which shall fully distinguish equity from law. Judge Swift, in his Treatise on the Law of Connecticut, expresses himself on this subject much to our mind. "A court of equity" says he, "acting according to the dictates of conscience, and aiming at the attainment of abstract right and perfect justice, has power to abate the rigour, correct the injustice, and supply the deficiency of positive law, where such ri gour, injustice, or deficiency, result as an indirect and collateral consequence and operation of law; and where it is apparent that such effect was not the design and intent of the law. But where the matter complained of, flows as a direct and necessary consequence from the principle of law, adopted upon a calculation to promote the general good, a court of equity has no power to interfere. This limitation is a proper restraint upon the boundless discretion given to that court, by the general terms used by lord Kaims, and at the same time gives it an equitable power which is denied by justice Blackstone." We have strongly recommended Mr. Reeves's admirable history of English law in our tenth note on the second title: the student, however, is requested, at this time, to re-peruse the pages which we have designated. (Note 2.) FONBLANQUE ON EQUITY. The original of this celebrated work was published anonymously, in the year 1737. It was then very small, being nothing more than an essay. It was entitled "A Treatise of Equity," and was much and deservedly admired. . In the year 1794, it was ushered into the world, in a new and highly enlarged and improved form, by John Fonblanque, esq. Few works have attained such universal approbation, or been more generally read, The notes are copious, perspicuous, and learned, and the authorities are full and pertinent. In reading this treatise the student will of course frequently refer to the reports of Peere Williams, which have ever been esteemed among the most valuable and authentick sources of chancery law. It would be scarcely possible to speak too favourably of |