The Legal Guide for Residents in France. By W. A. S. Westoby, Esq., M. A., of Lincoln's Inn, Barrister-at-Law. Paris: A. Durand. London: Longman & Co.

MR. WESTOBY has rendered essential service to those of our countrymen whom fate or fancy has driven to the sunny land of France. It is an exceedingly awkward thing for any one to be ignorant of the laws of the country in which he happens to dwell. Mr. Grantley Berkeley, for example, more suo, "punched the head" of a cabman at Havre, and the consequences were, as he narrates, exceedingly inconvenient to him; and in respect of what our great commentator calls in his important classification the "Rights of Persons," and "the Rights of Things," it is the duty, as well as the interest, of residents in a foreign land to acquaint themselves with their rights and liabilities. This they can do well enough now with Mr. Westoby's aid. We may further remark, that a view of the character and practical workings of the Code Napoleon may be read with great advantage in this volume, by the student curious in such matter.

The Wills of British Subjects made Abroad; or, Rules for the Guidance of English Residents on the Continent in the Execution of their Wills. By W. A. Westoby, Esq., M.A., &c. Paris A. Durand. London: Longmans, 1858.

THE title of the little pamphlet sufficiently explains its character. It is distinct and clear in its information, and is calculated to be useful to a numerous class of readers.

A Manual for Articled Clerks. Eighth Edition. By F. T. S. Wharton, Esq., M.A., &c. London: Butterworths, 1858.

THIS volume is addressed to the numerous candidates for admission on the rolls of our courts. It contains a digest of all the examination questions which have been used heretofore, and may very probably be found useful by those who wish to test their knowledge of the subjects in which they have, by proper study, endeavoured to prepare themselves.

An Elementary View of the Proceedings in a Suit in Equity, with an Appendix of Forms. By Silvester J. Hunter, Esq., Barrister-at-Law. London Butterworths, 1858.

THIS little work is confined entirely to the practice connected with a suit in Equity; our author expressly disclaims the idea of expatiating on the nature of equitable rights, and he does so, as we think, wisely, referring his readers generally to various well-known treatises for information upon that subject. The aim of Mr. Hunter, who recently distinguished himself by obtaining a studentship at the Bar Examination, in preparing the volume before us, has been, we presume, to extend to the Equity student similar facilities for mastering the details of procedure in Chancery, to those which have long since been afforded to the Common

Law student, for familiarizing himself with the practice of our courts at Westminster, by Mr. Smith's admirably planned and well executed Elementary View of an Action at Law; and, so far as we can judge from glancing at these pages, we think that their author has conscientiously performed his task. No doubt a habit is creeping in, somewhat to be reprobated, of rushing prematurely into print, and striving to attain the honours of professional authorship before the experience and knowledge requisite for acquiring them, and holding them unchallenged, can by possibility have been gained. The evil nevertheless here hinted at, is less prominent where an author, who has but recently been called to the degree of barrister, restricts his efforts solely to the production of an elementary work, designed for educational purposes, and exhibiting, it is to be supposed, explanatory statements and suggestions with reference to difficulties encountered by the writer during his own novitiate, and overcome. Adopting the view above taken respecting the special aim and design of the volume on our table, we think it likely to prove beneficial.

Reports of Cases decided in the High Court of Admiralty of England,

and on Appeal to the Privy Council, commencing Michaelmas Term 1855. By M. C. Merttins Swabey, D.C.L. London: Butterworths.

SINCE the cessation of Dr. Spence's reports in the summer of 1855, there have been no authentic reports of the decisions of the Court of Admiralty. This would be an intelligible loss under all circumstances; but the loss in the present instance is the more serious, that we have thus lost the benefit of the judgments of Dr. Lushington, arising out of the Merchant Shipping Act 1854.

The present reports supply this lacuna, and contain in addition many important decisions upon the power of the court over maritime funds, the extent of its decrees, &c. Upon the subject of the Merchant Shipping Act, we call the reader's attention to the cases of the General de Caen, the Fenix, the Caledonia, and a host of others, as illustrating the operation of the 296th, 297th, 298th, 388th, and 460th sections of that act.

The Clara, the Clyde, the Calypso, and others, elucidate the peculiar character of the court, and its manner of dealing with its cases; and upon other questions of maritime law there are well-considered decisions of great interest and importance.

The law of the Admiralty, as it now stands, is so emphatically a law of modern creation and growth, that the deficiency of reports of the successive decisions in that court, to which we referred, has been a serious inconvenience to the mercantile public and to the profession. The present publication supplies the missing reports from November 1855, to December 1856; and the very valuable nature of its contents, and the excellent manner in which the judgments are prefaced, as well as reported, will make it a most acceptable addition to every law library-the more particularly on the passing of Mr. Warren's bill.

A Treatise on the Law relating to Sea Lights and the Rule of the
Road at Sea. By Frederic Thomas Pratt, D.C.L., Advocate,
Doctors' Commons. London: Stevens & Norton, 1858.

THE immense amount of shipping which now ploughs its way through
every known part of the ocean, evidently requires some code of laws
for its governance whilst floating on the waters. But the great
modern difficulty consists in the diversity of locomotive power: steam
vessels having so much greater facility for both getting in and out of
the way than the ancient winged ship. It became necessary, therefore,
to lay down and maintain certain stringent regulations for the pur-
pose of avoiding collisions. It is to this class of regulations which
Dr. Pratt has addressed himself. The volume is necessarily a technical
one, and addressed to a circumscribed class of readers; but it seems
eminently adapted for their use and perusal.

The Practical Conveyancer. By Rolla Rouse, Esq., Barrister-at-Law.
London Butterworths, 1858.

As the first edition of this work has been already favourably
noticed in our pages, and as the opinion respecting it then expressed
has been verified by the fact above announced, that a second edition of
it has just appeared, we think we may, on this occasion, content our-
selves with intimating that Mr. Rouse's collection of Precedents in
Conveyancing has now been rendered more complete, by inserting in
it Forms of Settlements, together with a general and full form designed
to aid in the preparation of Separation Deeds; that the work has been
materially enlarged-expanded, indeed, into two volumes; and that the
references have throughout been carefully verified and tested.

We entertain no sort of doubt that "The Practical Conveyancer" will, in its present improved form, be acceptable to, and appreciated by, the profession.

The Magisterial Synopsis, a Practical Guide for Magistrates, their Clerks, Attorneys, and Constables, in all matters out of QuarterSessions, containing Summary Convictions and Indictable Offences, with their Penalties, Punishment, Procedure, &c., tabularly arranged. By George C. Oke. Sixth Edition. London: Butterworths, 1858. AFTER the lapse of little more than a year, we are again invited to peruse a new edition of this very useful and valuable synopsis. “During the last year," says the author in his preface, "the additions to and alterations in magisterial law have been few but important. Amongst the statutes may be mentioned the 20 and 21 Vict. c. 43, enabling dissatisfied parties to call upon, and justices to state, a case for the opinion of a superior court on questions of law arising in summary proceedings;" also "the 20 & 21 Vict. c. 3, altering the terms of penal servitude for indictable offences." Both of these statutes are accordingly expounded in the present edition, and many other improvements have been made in it, adding not inconsiderably to its worth. The book cannot fail of being highly and generally esteemed.

Events of the Quarter.

MISCELLANEOUS.

PROCEEDINGS IN PARLIAMENT WITH REFERENCE TO
LEGAL MATTERS.

Ir has, as our readers are well aware, been officially announced that Sir F. Kelly, the present very able and experienced Attorney-General, has in preparation a measure for consolidating the law of Insolvency, of a broad and comprehensive character; so comprehensive, indeed, that some surmise it will embrace all that portion of our Statute-Book which concerns the relation of debtor and creditor. The above measure, of which intimation has been given by the Government, and also that under the charge of Lord John Russell, have resulted from, and indeed arisen immediately out of, the important meeting of the Association for the Promotion of Social Science, held at Birmingham in the month of October last. One consequence of that gathering was the appointment of a committee of delegates from the leading Chambers of Commerce throughout the country, under whose auspices was framed the bill (for materially amending and reconsolidating the law of bankruptcy), subsequently brought, by the noble lord just named, into the House of Commons. The views of this committee were, moreover, fully communicated to the present Attorney-General; and, there can be little doubt, will be yet further considered and discussed at the ensuing annual meeting of the National Association, which is to be held at Liverpool in October next.

Under the circumstances just stated, a postponement of Lord Brougham's measures, for amending the law of bankruptcy and insolvency, has been deemed necessary and unavoidable. It would manifestly have been preposterous for the noble and learned lord to have attempted to proceed with two bills, professedly confined to remedying the evils principally complained of in the departments of law just specified, at a time when the whole law bearing on bankruptcy and insolvency was undergoing revision and reconstruction. These bills related, first, to imprisonment for debt and insolvency, giving such enlarged powers to the Bankruptcy Courts as might reach insolvents of all classes, whether traders or non-traders; and next to such an alteration of the bankruptcy jurisdiction as should remove the mischief so justly complained of, which arises from the distance that creditors have to travel for redress.

A third bill of very great importance was postponed in deference to the Lord Chief-Justice's opinion, that its subject ought to be fully discussed, both by the profession and the public, during the recess the extension of Lord Brougham's act of 1851, for the examination of 2 E

VOL. V. NO. X.

parties to criminal proceedings. There was, in our last number, a full discussion of this subject; and it is certain that there is none more deserving the deliberate consideration both of the legislature and the public.

The bill for securing the independence of Parliament, one of those presented by him in 1845, has been postponed, because there was a bill then on its way to the House of Lords from the Commons, and which there seemed every reason to expect would pass the latter House, as it had been supported by the Government- -a bill abolishing entirely the freedom of meinbers of Parliament from arrest for debt. Lord Brougham's bill only extended the act of 1812 from bankrupts to insolvents generally. It seemed therefore clear, that no further proceeding ought to be had in it while the larger measure passing. However, that has now been, with others, abandoned for this year. But this relinquishnent has only taken place within the

last few days.

was

We look forward earnestly to the Parliamentary session of 1859, for the effecting of most important amendments in our law, having reference to the various matters above enumerated. And confident we avow ourselves that much and beneficial progress will then be made towards the consummation aimed at by the three eminent individuals particularized in the preceding paragraphs, if party strife, and the turmoil created by a lust of place and power, be so far calmed and tranquillized as to allow of questions of a purely practical nature being ventilated and discussed.

To Lord Brougham, to Lord John Russell, and to the learned Attorney-General, a grateful recognition of services freely rendered in advancing measures of such great and genuine utility, is already due from the community at large.

Lord Lifford asked in the House of Lords, on May 3rd, a question relating to the unsatisfactory working of the Chief Clerks' offices of the Court of Chancery; which he said he "believed, from the testimony of the legal profession, was working unsatisfactorily; indeed, following fast on that road on which the Masters' offices travelled and expired.' Lord Chelmsford is reported to have rejoined in a somewhat curiously worded fashion. First, that though he had made “ some little inquiry upon the subject, he "had not been able to obtain much information." Secondly, he affirmed that "there was not a general impression that the business in chambers was conducted in an unsatisfactory manner." Thirdly, "that he did not see that any further steps could be taken for expediting causes in Chancery."

were not

Lord Cranworth took the same view as the Lord Chancellor, alleging that, if the abuses mentioned by Lord Lifford " altogether without foundation, they were immensely exaggerated." Lord St. Leonards, however, made some practical remarks during the debate, which alone renders it valuable and worthy of notice in our pages, "The present establishment," said the noble Lord, was

66