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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. Dicer, 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 lawin 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 to 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., 2.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 publicationsall 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 unaware. 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 as 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 pa 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 végime, bound to hold its own as the book on Pleadings, and the Profession will accept it as such.
The English Constitution, a Commentary on its Nature and Growth. By Jesse Macy, M.A., Professor of Political Science in Iowa College. London: Macmillan & Co., Limited. 1897.
The writer gives us his views on the nature of our Constitution, and of its growth to the present day, dealing with Magna Charta, the Petition of Right 1628, the Habeas Corpus Act 1679, the Bill of Rights 1689, and the Act of Settlement 1700. The work is primarily intended for the American reader, who is not satisfied with knowing what a Constitution is, but also wishes to know how it was made. The work is easy reading, and useful to beginners who are not yet capable of investigating the heavier pages of Professor Dicey.
The Theory of International Trade with some of its Applications to Economic Policy. Second Edition. By C. F. Bastable, M.A., LL.D., Professor of Political Economy in the University of Dublin. London: Macmillan & Co., Limited. 1897.
This book is specially intended for serious students of economic theories, and the principles of the subjects are considered as free as possible from unnecessary details. It is about ten years since the first edition of this work saw light, and for those who are desirous of becoming learners of this interesting subject we are unacquainted with any better elementary book.
Il Tabellionato o Notariato. By EDOARDO DURANDO. (Turin, 1897.)
In this book the whole history of the notariate is traced from the Roman Republic through mediæval Italian and later Piedmontese law down to modern days. The office of notary has been at all times more important in Continental systems than in England, and the English reader is amazed at the amount of monographs on the subject cited by Signor Durando. In England we have not much to show, except Brooke's treatise. The notary, though apparently not of ecclesiastical origin, soon became
less ecclesiastical in his appointment and functions. In England he is still nominated by the Archbishop of Canterbury, though his duties are now mainly commercial, and almost confined in practice to the notarial protest of foreign bills of exchange. In Signor