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Fourth Edition. By ARCHIBALD Brown, of the Middle Temple,
This well-known work has already run into four editions, and continues to hold its own. It is a matter of common knowledge, that a disputed landmark will cause years and years of enmity between two rival landowners; nor in the earliest days of civilisation was this subject considered as of little moment, since the first law-giver Moses teaches us "accursed be he who removes his neighbour's landmark.” The editor, who, we notice, has been assisted by Mr. J. C. Swinburne-Hanham, of the Middle Temple, Barrister-at-Law, has endeavoured to observe the proportion due to each of the multifarious subjects which he has treated of; the word "boundaries and fences encompassing a vastissimus campus of sea-walls, fisheries, sewers, encroachments, party-walls, trees, pits, quarries, level crossings on railways, etc., which few books deal with at all. The dates of the decisions are added in a well-digested Index of Cases.
The Yearly County Court Practice, 1897. Founded “ Archbold's County Court Practice," and " Pitt-Lewis' County Court Practice." By G. Pitt-Lewis, Q.C., Recorder of Poole, and C. Arnold White, B.A., of the Inner Temple, Barrister-at-Law. Two Vols. London: Butterworth & Co., Shaw and Sons. 1897.
The first volume of this new Annual Practice deals with what may be termed the ordinary jurisdiction of County Courts under the County Courts Act 1888, the Debtors Act 1869, the Bills of Exchange Act 1855, the Employers' Liability Act 1880, and the County Courts Admiralty Jurisdiction Acts 1868 and 1869, while the second volume deals with the special matters which the Legislature has confided to the administration of County Courts; to these may be added all the County Court Rules to date. The County Court Acts have been so thoroughly probed from time to time by the many writers on the subject, that it is difficult to find any sod of virgin soil not already turned. We notice with pleasure that the learned editors have availed themselves of all that is to be learnt aliunde, and have followed it up by adding every new enactment and reported case touching on the subject collated, so as to bring the work up to date. A Table of Statutes, the
same of Consolidated Acts, and the same of Cases materially add to the utility of the work, while an Appendix of Forms, Court Fees, and Scale of Costs render the book more valuable. The second volume contains a vast number of Statutes ; some providing for the recovery of penalties, some for the recovery of money, some specially for the settlement of disputes, some conferring an administrative jurisdiction, and others authorizing enquiries in the public interest. As an Annual Practice it is of inestimable worth.
International Law. A simple statement of its principles. By Herbert WOLCOTT Bowen. New York and London : Putnam's Sons. 1896.
The author has attempted to compress within 160 pages an abstract of some of the chief rules of International Law. The notes are not very good ; in some cases they are inaccurate. Thus, at page 1oo, he omits Venezuela as one of the Powers who declined to accede to the Declaration of Paris, 1856. At page 101, referring to visitation and search in suppressing the slave trade, he omits all mention of the Brussels' General Act of 1890. Nor is that Act to be found in his list of principal Treaties. Again, among the principal writers on International Law, he omits the name of the great American jurist, Halleck, Other faults might be mentioned. The chief merit of the book is its brevity.
Mortuary Law. By SIDNEY PERLEY, of the Massachusetts Bar. Boston: G. B. Reed. 1896.
. The author has chosen a somewhat gruesome subject for his theme. He has collected all the law concerning burial of the dead, beginning with the last sickness and ending with the cemetery. Of course the law cannot be relied on with safety by practitioners in this country. But in many cases the laws of Great Britain and of the United States are similar; while there are often points of practice, yet unadjudicated on in this country, of which the practitioner may obtain a valuable suggestion from an adjudicated case in the United States' courts. The author refers to burial by cremation, but we regret that he does not sufficiently insist on the most natural of all burials, " earth to earth."
A Compendium of the Law of Property in Land. By WILLIAM DOUGLAS 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 1888, 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, Thirdly, 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 20 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 4th 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. Raikes, LL.D., Q.C. London: Effingham 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 January ist, 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 Jurisdiction 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 archæological 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 Thos. W. HAYCRAFT, B.A., of the Inner Temple, Barrister-at-Law. London: Butterworth & Co. 1897.
A short work on the powers of the police. The author has endeavoured, with considerable success, to bring into one 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 allusicn 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 Cæsar'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 the volume.
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.