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A Compendium ojlthe Law of Property in Land. By WILLIAM Doucnes EDWARDS, LL.B., Barrister-at-Law. Third Edition. London: Stevens and Haynes. 1896.
The fact that this book, which was first published as recently as I888, has already reached a third edition, is evidence that it has achieved great popularity as a text-book for students. The constant repetition of the words First, Secondly, T hirdly, and the letters (a), (b), (c), are a little tedious to the reader, who has some acquaintance with the subject, but are, no doubt, useful to the student who has little or none. Full justice seems to be done to modern legislation; though it is not quite satisfactory to read “ By a Modern Statute,” and then to have to refer to a footnote for its date and title. Moreover, if the Act 39 and 40 Geo. III., c. 98, be described as “the Thellusson Act,” why should not the Act 2o and 21 Vict., c. 57, be described as “Malin’s Act,” or as “ Malin’s Act (No. 2) ” as some would prefer ?
There is very little, which relates to the law of property in land, of which Mr. Edwards does not tell us something; but a few paragraphs might have been added on the nature of highways and public footpaths. Again the right of inhabitants to use land for purposes of recreation and games ought not to be entirely passed over. The case of Fitch v. Rawlings, 2 H. Bl. 393, on this subject is well worthy of notice.
In dealing with cross remainders, Mr. Edwards does not observe that such limitations need not be set out in full in a settlement. The specimen deed given in the 4.th schedule to the Conveyancing and Law of Property Act, 1881, shews that they may be created by the words “ with cross remainders between them.”
Chapter I. of Part I. is hardly up to the high standard of the others. Gavelkind is not properly speaking a tenure; and the words “manor” and “ barony ” never meant the same thing. These, however, are not matters of great importance, and as a whole the book is well calculated to effect the object for which it was compiled.
The Maritime Codes of Spain and Portugal. Translated and annotated by W. F. Runes, LL.D., Q.C. London: Eflingham Wilson. 1896. '
The compiler of this work has, with much pains, translated the Maritime Codes of Spain and of Portugal ; the former came
into operation on January 1st, 1886, and the latter on ]anuary 1st, 1889. Both Codes, it is obvious, were much required to replace the older Codes, founded more or less on the Consolato Del Mare, the parent of all the maritime codes of the Middle Ages. Some portions of Mr. Raikes’ work have already appeared from time to time in this Magazine. We cannot but congratulate him on the completion of this volume, which evidences much care and considerable industry. It is one more link in the great study of International Law.
A Treatise on the Admiralty _7urisdiotion and Practice in County Courts. By F. W. RAIKES, LL.D., Q.C., of the Inner Temple, and BURLEIGH DUNBAR KILBURN, M.A., of the Inner Temple, Barrister-at-Law. London: W. Clowes & Sons, Ltd. 1896.
This treatise deals exclusively with the Admiralty jurisdiction now exercised by County Courts under 31 & 32 Vict., c. 71, and 32 & 33 Vict., c. 51. The amount of learning on the subject is really limited to 196 pages, the rest of the volume consisting of an appendix of Acts of Parliament, scale of costs, fees, forms, and an index. In view, however, of the existing large and exhaustive treatises on the subject, it is difficult to know why the writers have compiled the work before us. Of its matter there is nothing blameworthy; the work has been diligently compiled, and possibly may prove useful to those advocates in County Courts who practise in Admiralty, especially to those who prefer the use of a really portable manual. The preface deals in a crude and indigested manner with the ancient jurisdiction of Vice-Admirals of counties, or of the coast, who exercised, through their judges, Vice-Admiralty jurisdiction in all maritime counties, and who, in fact, the writers may be surprised to learn, are still appointed for some maritime counties. This kind of preface was not, in fact, required at all, as the work is not one of an archaeological character ; but if it were at all needed the writers would have done better to have quoted from the only book on the subject, viz., “The Office of ViceAdmiral of the Coast," by Sir Sherston Baker, Bart.
Executive Powers in Relation to Crime and Disorder or the Powers of Police in England. By Tnos. W. Havcnaer, B.A., of the Inner Temple, Barrister-at-Law. London: Butterworth & Co. 1897.
volume the law concerning this subject. Mr. Haycraft tells us very largely of the powers of the police to arrest offenders; but we fail to see any allusion, even of the remotest kind, as to the powers of courts of record to punish on indictment, by fine or imprisonment, officers of justice who fail to do their duty. The allusion at p. 10 that constables guilty of neglect of duty may be fined, and the reference in support of this, viz., 45 & 46 Vict, c. 50, is most misleading, for that Act only refers to summary—not indictable punishment—of borough constables; meanwhile he says nothing of any punishment of county constables, or of 2 & 3 Vict., c. 47, s. 14, which provides for the summary punishment of metropolitan policemen. Perhaps he considers that, like Caesar's wife, such distinguished functionaries should be above suspicion. Again, we notice at p. 30, on the question of disturbing public worship, that the Act 2 My, sess. 2, c. 3, is quoted in support of the arrest of persons who disturb preachers, &c., but seeing that Queen Mary only held Parliament for one year (1554) before her marriage with Philip, it is difficult to understand how such an Act can exist. Probably the author intended 1 My, sess. 2, c. 3, which is undoubtedly a well-known Act and to the point. We trust, however, that the labours of Mr. Haycraft will not be thrown away, and that a new edition will see these minor faults corrected, for there is evidence of work and industry throughout
Lord Bowen : a Biographical Sketch, with a Selection from his Verses. By Sir HENRY STEwART CUNNINGHAM, K.C.I.E. London : John Murray. 1897.
This is an interesting sketch of an interesting man. The life of a lawyer who becomes a Lord Justice cannot be replete with picturesque adventure, but the biographer has clearly sketched the urban life of the Rugby boy, athletic, capable of “five to leg,” eminent in football, not untried in fisticuffs, the Hereford and the Ireland scholar, the Fellow of Balliol, “the Saturday reviler,” the keen-witted advocate, the brilliant judge. The story has its pathos. Vigorous of limb as Bowen was, there must have been latent weakness in his constitution. Early in his forensic course his health broke down; again and again prolonged rest was needful, and the end came before he had seen three score years. The book has some amusing revelations.
Those notes wh’ch the kind-mannered Lord justice took, whilst a conscientious counsel was measuring out his small matter, were not always points of the argument; sometimes they were hexameters.
We have received a reprint from the International Yournal of Ethics of a Paper by Mr. \Vestlake, Q.C., on “ International Arbitration,” in which he strongly advocates the duty of promoting the same. The subject is treated of in that lucid and thorough manner well known to all those who are acquainted with his writings.
The Canada Law journal for December last, a semi-monthly periodical published at Toronto, is now before us. We notice an interesting article on the respective functions of judge and jury in negligence cases by E. F. B. Johnston, Q.C., one of the foremost men of the Canadian Bar. We understand that this journal is the oflicial organ of the Canadian Law Society.
We have before us a copy of a Treatise by Alfonso Buzzoni, Advocate of Milan, on the “ Popularization of the Laws.” It is necessarily written in Italian, but is well worth perusal by those who read that language.
Among periodicals we notice: The University Law Review, of New York; The American Law Review, of St. Louis, Mo.; The Harvard Law Review; The Chicago Legal News; The Law Book News, of St. Paul, Minn.; The National Corporation Reporter, of Chicago; The American Law Register and Review; The Canadian Law Times; The Western Law Times, of Canada; The Madras Law journal; The Law Times, London; The Law journal, London; Bulletin Mensuel de la Société dc Legislation Comparée; Annuaire de Legislation Franz,-aise; Annuaire de Legislation Etrangere, Paris; journal tin Droit International Privé; La Revue Générale; Revue Bibliographique Belge; Case and Comment, Rochester, N.Y.; La Giustizia Penale, Rome.