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The Yearly Abridgment of Reports, being a full Analysis of all Cases Decided in the Superior Courts, during the legal year 1895-6. By ARTHUR TURNOUR MURRAY, B.A., of Lincoln's Inn, Barrister-at-Law. London: Butterworth and Co. 1897.
This is not a mere compilation of existing head-notes, but consists of an analysis of every reported case contained in The Law Reports, The Justice of the Peace, The Law Journal Reports, The Law Times Reports, The Weekly Reporter, The Times Law Reports, Aspinall's Maritime Law Cases, Commercial Cases, Cox's Criminal Law Cases, Manson's Bankruptcy and Winding-up of Companies Reports, Reports of Patent Cases, and Smith's Registration Cases. A new feature of this compilation consists of a Subject Index, arranged alphabetically on the same plan as an index to a text-book. In these days of work at extremely high pressure, the value of such a book is obvious. It is the best compilation of the kind that we know of.
Grant's Treatise on the Law Relating to Bankers and Banking Companies. Edited by CLAUDE C. M. PLUMPTRE, of the Middle Temple, Barrister-at-Law, assisted by J. K. Mackay, of the Middle Temple, Barrister-at-Law. Fifth Edition. London: Butterworth and Co. 1897.
It is fifteen years ago since the last edition of this work was published, and many are the changes which have occurred in the law since that time, both through decided Cases and through various Acts of Parliament. Among others, the Bills of Exchange Act, 1882; The Bankers' Books Evidence Act; The Conversion of India Stock Act, 1887; The Companies (Memorandum of Association) Act, 1890; The Companies (Winding-up) Act, 1890; The Directors Liability Act, 1890 ; The Stamp Act, 1891; and The Forged Transfers Act, 1891. Moreover, the famous case of Bank of England v. Vagliano (1891] A.C. 107, has proved a disturbing element to bankers since the last edition of this work. The Editors have done their work well, bringing the book quite up to date, and rendering it a serviceable manual for bankers and their legal advisers.
Seaborne's Concise Manual of the Law Relating to Vendors and Purchasers of Real Property. Edited by W. ARNOLD JOLLY,
M.A., of Lincoln's Inn, Barrister-at-Law Fourth Edition. London: Butterworth and Co. 1897.
Seaborne's Vendors and Purchasers was first published in 1871, and has now attained a fourth edition. It is a work better suited for the use of solicitors than for conveyancers, being rather an abstract of the law on the above subject than an exhaustive treatise. The editor has thoroughly revised the work, and preserved its known character of a useful and trustworthy manual.
A New System of Book-keeping for Solicitors. By SYDNEY HODSOLL, Chartered Accountant. London: Gee and Co. 1897.
The object of this work is to enable solicitors to keep their accounts accurately, and to be able to show at any time the amount of cash in hand and at bank, how much of such cash belongs to clients, and how much to the business, the amounts owing to, and by, clients individually, and the amount of business done, and the resulting profit or loss. The writer appears to have successfully attained his object.
: Introduction to the Study of the Law of the Constitution. By A. V. Dicey, Q.C., B.C.L., of the Inner Temple; Vinerian Professor of English Law, Fellow of All Souls' College, Oxford, and Hon. LL.D. Glasgow and Edinburgh. Fifth Edition. London: Macmillan and Co., Ltd. 1897.
The Author tells us that the only new matter in this edition deserving of notice are two Notes, one on the Duty of Soldiers when called upon to disperse an unlawful assembly, and the other on Swiss Federation. The former is culled from a Commission (of which the late Lord Bowen was a member) appointed to report on the conduct of the troops at Ackton Colliery in 1893. The other is derived from Mr. A. L. Lowell's Governments and Parties in Continental Europe. With regard to the rest of the book, there is little to add to the eulogium with which it has in former days been received in these pages. We regret, however, that Professor Dicey has not seen his way to demonstrate with his usual authority and in a stronger manner, the error which has crept into the English law in more recent years with regard to the expulsion of foreign criminals from a State. He says (p. 215) " neither the Crown, nor any servant of the Crown,
has any right to expel a foreign criminal from the country, or to surrender him his own Government for trial.” He here states the error ; and he contents himself with mentioning some Cases of the greatest moment in a foot-note, where the true law of England, as distinguished from the modern judge-made error, is laid down. Has Professor Dicey ever heard of the Droit de Renvoi ? This right is possessed by all States, and by virtue of which all foreigners may be expelled the kingdom. To this very day it is frequently put in force by the Courts of Jersey, notably in cases where French persons, convicted of small offences, are returned to France without other punishment. It is common knowledge, that all civilized States should be assisting each other in carrying out their respective civil decrees and criminal sentences. This we showed at length in the last November number of this Magazine (p. 24), in an article headed The Dynamite Plot and Extradition.
The Law of Slander and Libel, founded upon the Treatise of the late Thomas Starkie, Esq., Q.C., including the Procedure, Pleading and Evidence, Civil and Criminal, with Forms and Precedents; also Contempts of Court, Criminal Informations, etc., and an Appendix of Statutes. Sixth Edition. By HENRY COLEMAN FOLKARD, of Lincoln's Inn and the Western Circuit, Barrister-at-Law, Recorder of Bath. London : William Clowes & Sons, Limited. 1897.
We are pleased to hail the sixth edition of this important work. It is upwards of seventy-five years since the late Mr. Starkie wrote the first edition, of which, however, but a very small portion now remains. Forming as it did the basis upon which this, as well as the several preceding editions of the work have been constructed, it has, bit by bit, been cancelled to make way for newer matter supplied by the present learned Editor. At the time when Mr. Starkie wrote, only two statutes relating to the subject existed. Since then the legislature has been pleased to formulate statute upon statute extending or modifying the then law of slander and libel, to which must be added the numberless Reported Cases on those subjects, as well as notes of several cases relating to seditious libels, and libels on the Government and ministers of the day, no trace of which can be found in any of the Reports, but which have been obtained by the arduous research of the Editor among the Crown Office
Records at the Rolls Office. The law of defamation is a study of itself. What is slander ? and when is it actionable? Again, what are the niceties of the law when slander affects a person in his professional business? Again, the intricacies of slander of title, the question of absolute privilege, restrictions on free discussion, criticism on works of art or literary publications, all these are matters of the highest importance to the legal practitioner, as well as to the public at large. Mr. Folkard has dealt with all these matters in an exhaustive and lucid manner. He further supplies us with deep learning on pleadings in actions for defamation, as well as with copious information on that momentous branch of law-Criminal Information for libel.
A patient investigation of the volume has not disclosed to us any omissions, nor do we find a single mistake in the law as laid down therein. We deem it to be a work of the greatest value, and the one book of authority on the subject, beside which all cognate publications are cast into the shade. No lawyer's library can be said to be complete without it.
A Treatise on the Law of Guarantees and of Principal and Surety. By Henry Anselm DE COLYAR, of the Middle Temple, Barrister-at-Law. Third Edition. London : Butterworth and Co. 1897.
This erudite work is so well known to the profession, that it is hardly necessary for us to pass any lengthy comment on it. Written by Mr. de Colyar, at a time when the principles of the Law of Guarantees were but ill-digested and chaotic, the work, unpretending as it is, has made for itself a name, which must ever shed an unfading lustre on its Author. Our American cousins have shown their admiration of it by reprinting it, whether with or without the consent of its Author we are
In the edition before us, Mr. de Colyar has fully maintained the standard of his work. He has brought it up to date, adding all the more important decisions on the subject which have been made since his last edition; the statute law also. The book continues to hold its own a valuable exponent of this branch of law.
Bullen and Leake's Precedents of Pleadings, with Notes and Rules relating to Pleading. Fifth Edition. By Thomas J. Bullen, of the Inner Temple, Barrister-at-Law, Cyril Dodd, of the Inner Temple,
Q.C., and CHARLES WALTER CLIFFORD, of the Inner Temple, Barrister-at-Law. London: Stevens and Sons, Ltd. 1897.
The intention of the framers of the Judicature Act, 1873, was to establish a uniform system of pleading, to take the place of the very various methods of pleading thitherto in use in the several Superior Courts. The new body of Rules then promulgated, in addition to the general prohibition against pleading evidence, contained many Rules directed to check prolixity, and bring the parties to a point. Probably the most important of these, were those which established that each party should be taken to admit what he did not deny, and which prohibited mere general denials in the first instance, until each party had first dealt with the subject matter in detail. The old and trusted friend of all good pleaders, viz., Bullen and Leake, was by the operation of the above Rules completely thrown out of gear, and able to shed but very insufficient light on the new practice. It was a distinct boon to the Profession when the present Editors determined to publish a new edition of their valuable work, but good as that edition was, time, and especially the new practice was requisite to enable them to produce a work of the same authority and learning, as that which had preceded the passing of the Judicature Acts. But time passes away, decisions on the Acts and Orders and Rules are made, the crude procedure is elaborated, and after a period of nearly a quarter of a century, the Editors are able to give their imprimatur to a book which in no degree falls short of the first production of the illustrious Authors of the earlier work. The precedents given as examples by the Rules of the Supreme Court, 1883, now in force, are more concise than those in the Schedule of the Judicature Act, 1875, and less rigid; therefore the precedents in this Edition are in form somewhat more in accordance with those of earlier editions, than the precedents of the last edition were. It is impossible to exceed the measure of praise which we bestow on this Edition ; it is terse and to the point. Many pages, and far more space than we can bestow are necessary to analyse this edition completely. The reader therefore must take it from us, that the Editors have in every way preserved the high standard of the work, and brought it down to date effectively and conscientiously. It is, under the present régime, bound to hold its own as the book on Pleadings, and the Profession will accept it as such.