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and purchaser." The author divides his work into two books, the first of which treats Of Remedies in Afirmance of the Contract of Sale, the principal subdivisions of which relate to Affirmance by Proceedings at Law; Proceedings at Law while the Contract is executory; Proceedings at Law after the Contract has been executed, such as Actions for Covenants broken; and Affirmance of the Contract by Proceedings in Equity. Book II treats Of Remedies in Rescission, or Disaffirnance of the Contract of Sale; and the principal subdivisions of this title are, Virtual Rescission of the Contract by Proceedings at Law, first, where the contract is executory, and second, after the contract has been executed; Rescission by Proceedings in Equity, first, where the contract is executory, and second, after the contract has been executed.
It will be seen by this statement of the general plan of the work that it is systematically arranged, and this fact alone leads one to look for an orderly arrangement of the lesser subdivisions of the work, such as the chapters, of which there are in all thirty-five; of the sections, of which there are three hundred and forty-eight; and further still of the paragraphs which make up the sections, and of the sentences that make up the paragraphs. In short the quality of mind in an author which leads him to make an orderly general plan of his work, leads him to arrange every part of it with the same regard to method. An author who makes a jumble of his general plan will most likely make a jumble of his work all through.
Upon examination of the book before us we are satisfied that the logic of the author's mind permeates every part of his work. It is a carefully written treatise upon one branch of the law of real property, and this branch is an important one. That the treatise is confined to the consideration of one topic and that not the broadest in the law of Real Property, makes it of greatly more value to the profession, than any volume or any two volumes could be, that should attempt to cover the whole or any considerable part of this law. The profession at this day does not want a legal treatise that runs all over a great legal subject, and necessarily is limited to general proportions, with a meager smattering of decisions in support of them; especially if the general propositions are gathered from other text-books, and the cases as well, perhaps. We have had enough of such books. The book before us is not of this kind. It was written from a study of the cases, and well written, too.
The number of cases cited is upwards of five thousand. The author dedicates his work to the Honorable Edward C. Burke, late Judge of the Court of Appeals of the State of Virginia, whom we know as a verv learned man in the law, and still an enthusiastic student of the science,
AMERICAN PROBATE REPORT8.- Containing recent Cases of General Interest and Value
decided in the Highest Courts of the Several States, on Points of Probate Law, with Notes and References, and a General Index.Digest to the 8 volames. By A. A. GREENHOOT, of New the York Bar. Vol. 8. New York: Baker, Voorbis & Company. 1896. pp. xxvil, and 730. Price, $5.50 net.
This volume is a continuation of a very valuable series of reports collecting the cases decided in all the State and Federal courts relating to matters of Probate Law, such as the Powers, Duties and Liabilities of Executors, Administrators, Guardians and Testamentary Trustees - including Investments, Collection of Debts, Compounding Claims, Continuing Business; Foreign and
Facillary Administration; Testamentary Capacity; Formalities of Execution and Revocation of Wills; Devises, and their Construction; Legacies, their Vesting Payment, Abatement, Satisfaction and Ademption. Probate of Wills and Codicils; Foreign Probate; Lost Wills. Adoption and Legitimation of Children, Advancements, Evidence, Powers, Perpetuities, Trusts, etc.
The editor's notes are an important feature of these reports. Many of these notes occupy several pages each, and cite a great number of earlier decisions. Some of them are very properly quite short, occupying only a few lines. But whether short or long the notes seem to be adequate for the occasion, and well constructed.
The subjects treated in the Monographic Notes in this volume are as follows:
Legitimation of child by marriage of pareut.
These reports will be found of great use to judges and lawyers who have to consider subjects to which the decisions here collected relate. It is a very great convenience to have the cases relating to any great branch of the law collected in a series of reports, supplemented by adequate annotations.
RULING CASES.- Arranged, annotated and edited by ROBERT CAMPBELL, M. A., of Lin.
coln's Inn, Barrister-at-Law, Advocate of the Scotch Bar, and late Fellow of Trinity Hall, Cambridge. Assisted by other Members of the Bar. With American Notes by IRVING BROWNE, formerly editor of the American Reports and the Albany Law Journal. Vols. I-VII. London: Stevens and Sons, Limited. Boston, U. S. A.: The Boston Book Co., Law Publishers and Booksellers. 1894-1896. Price per volame, $5.50 net, or $5.76 delivered
This is a series of reports of leading English cases arranged by topics, which, when completed in about twenty-five volumes, will include all the principal titles of the law. Seven volumes have now been published, and these are suficient to show the excellence of the plan and of its execution. The arrange
ment of a series of leading cases by topics has the great advantage of bringing the cases upon any one subject together in one volume, so that the practicing lawyer can take the collection home with him to study, or into court for citation; and the law can thus easily be seen and shown to the court.
The plan of arrangement of each subject is to state the title of it, and if it is. an important one, to divide it into several sections with appropriate sub-titles; then to state the first rule followed by the cases which make the rule. Each division of the subject has its rule and its ruling cases. At the end of each division of the subject is a note by the English editor giving an abstract of other cases on the same point, and showing the development or limitation of the rule. The notes of the American editor follow, giving the American law and cases.
Take as an illustration of the plan the first title in the irst volume on Abandonment in Marine Insurance. The cases and notes under this heading are divided into five sections: I. Cases where Abandonment may be made and total loss claimed; II. Where Abandonment is necessary in order to claim total loss; III. Total loss without Abandonment; IV. Criterion of time in cases of Abandonment and total loss; V. Effect of Abandonment in transferring rights.
This title occupies one hundred and fifty-five pages, of which the English and American notes take up nearly thirty pages. Eleven leading cases are given in full, selected to illustrate the law of the several decisions of the subject. The subject of Abatement occupies twenty-eight pages.
Acceleration nine pages, of which four are notes. Accident one hundred and sixty-five pages, giving eleven leading cases and many important notes. Accord and Satisfaction, one hundred and thirty-eight pages. Account, fifty-three pages. Accretion, forty pages. Accumulation, twenty-three pages. Action, two hundred and eighty pages in the first volume and eighteen in the second.
In the second volume are two subjects of great importance. Administration and Agency. To the first named are devoted about two hundred pages, giving thirty leading cases in full. These are arranged in eight sections. Agency, which is illustrated by twenty six leading cases arranged under nine sections, occupies two hundred and seventy-four pages. To each section there is both an English and an American note. Both of these subjects are dealt with in a comprehensive manner.
The third volume presents the titles from Ancient Light to Banker both inclusive. Other important titles are Annuity and Arbitration. Taking the last named subject for illustration, we find that it is divided into six sections:
1. Nature of arbitrator's authority; II. Where the court will order a reference; III. Execution of the award; IV. Requisites of a good award; V. Finality of the award; and VI. Setting aside award. Eighteen leading cases are given.
Volume four is devoted to the three important subjects of Bankruptcy, Bill of Exchange including promissory note and cheque, and Bill of Lading. The second title develops the subject in five hundred and thirty-three pages. The Bills of Exchange Act of 1882 is given in full, as this is declaratory of the common law of England as expounded by the authorities of English law. The bill was drawn by Judge Chalmers and was enacted after it had been sub
mitted to experts in this branch of the law, and after it had been finally settled by strong committees in Parliament, the committee of the Commons being presided over by Lord Herschell, and that of the Lords by Lord Bramwell. This act is embraced in forty-five pages. It is not only an ceedingly important piece of legislation in itself, but it is important in its results inasmuch as it has proved in experience to be most beneficial. It may ultimately be almost as important in America it now is in Eugland; for we know that the Commissioners of the several States on Vuiforinity of Laws have in preparation an Act intended for adoption by the legislatures of the American States, founded upon the English Act; and we veuture the prediction that in a few years such an act will be quite generally adopted and will result in a substantial uniformity of law upon this important commercial subject throughout the country. In view of this fact, this vi lume giving the principal decisions which lie at the foundation of the act which is declaratory of the English law of the subject, as well as the important decisions made since this authoritative declaration of the law, becomes one of especial interest to the profession in America, and to our law makers as well.
The priucipal cases on this subject are arranged under six sections, namely:
1. Nature and Construction of the Contract. II. Negotiation. III. Duties as to Presentment and Notice. IV. Discharge. V. Order of Liability amongst Parties to Bills. VI. Collateral and Consequential. Fifty.one cases are given in full, aud the notes are quite important. The English notes cite two hundred and thirty additioual cases on this subject; and the American notes about eight hundred cases.
Volume five, which contains in all upwards of a thousand pages, covers (among other topics) Bill of Sale and Chattel Mortgages, Carriers, Certiorari, Charitable Trust, Charter Party, and Conflict of Laws. Under the first of these titles there are teu cases, commencing with Twyne's Case decided by the Star Chamber in 1601 and followed by Cookson v. Swire, decided in 1884, in the House of Lords. There are several quite full notes by both the English and the Americau editor. Twyne's Case, the “leading case at the foundation of the Euglish and American decisions, is contrasted with the “ ruling case,” which best shows the modern English law of the subject. Other apposite English cases are abstracted at sufficient length to show their bearing, and the "ruling ” American cases in different jurisdictions are cited,
Volume six is wholly devoted to the subject of Contract. There are seventyeight ruling cases arranged under eleven sections. About fourteen hundred Euglish cases are cited and about eleven hundred American. The notes of both editors are particularly full and important.
Corporations is the leading title in volume seven. It occupies five hundred and thirty-three pages giving forty-one cases. Many of the notes, particularly those of the American editor, are full and of much practical value.
This is the only series of English reports collected and arranged upon this or any similar plau. It has been shown by a careful count of the cases cited in the latest volumes of reports of the highest court in each State of the United States received in October, 1894, that the English reports were cited more frequently than those of any American State; and that the citations of the reports of the Supreme Court of the Uuited States, exceeded but slightly the citations of the reports of the Euglish courts. This shows that the State
courts throughout the country frequently turn to important decisions of the English courts for sound statements of the common law, and that such a collection of leading cases as that under review, must be of great value to any American lawyer.
One thing that has received our unqualified commendation throughout these volumes is the manner of stating the “Rules” of law deduced from the cases. The statement is always brief, clear and accurate. It is something very different from the ordinary head-note. It is a statement that may easily be remembered, and one that a lawyer who does remember it, may often be glad that he has it in mind.
The notes are generally all that could be desired or expected. Between two and three thousand cases are cited in each volume. Every American lawyer has the fullest confidence in the ability, learning and experience of the American editor, Irving Browne. It is a common experience that when we have a good thing we want more of it; and for this reason in examining these reports we have sometimes wished that we had more of Irving Browne and his American law.
We commend “ English Ruling Cases " as a series of reports of very great practical value to the American lawyer.