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ideas which may fairly be called new, either because they have come into existence during the last thirty years or because they have during that period begun to exert a new and noticeable influence. In this general review of the development of the constitution since 1884, the principal topics dealt with are the Sovereignty of Parliament, the Rule of Law, the Law and Conventions of the Constitution, New Constitutional Ideas, and General Conclusions. In such a review we agree with Dr. Dicey that it is probably impossible, and perhaps undesirable, to prevent a writer's survey of the past from exhibiting or betraying his anticipations of the future. We do not blame Dr. Dicey for being a strong party man, but we are constrained to express our regret that in what should be a calm and impartial historical survey, he should allow his party bias to cloud his judgment.
His defence of lost causes, such, for instance, as that of the House of Lords, is really puerile and quite unworthy of his great reputation as an international and constitutional jurist.
It is nine years since the first appearance of Mr. Ridges' book, and much has happened since of vast importance to our institutions. Mr. Ridges, however, is more concerned with the phenomena of our various institutions and officials than with constitutional theories. He deals first with the native sources and characteristics of Constitutional Law. Next, with Parliament and the Public Revenue, the Executive, the Judiciary, the Church, Navy and Army, and finally other countries subject to English law. His statements of the law and practice of the constitution, and of the various departments, are, on the whole, satisfactory, but they are not always up to date, nor do they bear evidence of very deep knowledge of legal history.
Twelfth Edition, The Magistrates' General Practice. Ву C. M. ATKINSON, M.A., LL.M. London : Stevens & Sons. 1915.
The present edition has increased in bulk to the extent of over one hundred pages, by which number it now exceeds its rival, Stone's Justices' Manual. At the same time, it is not really so voluminous, since a large amount of the material in the latter is in small type. This increase is no doubt due to the exceptional legislative activity of the past year.
In addition to the War Emergency Statutes, numerous Acts of a more domestic nature have been passed, such as the Milk and Dairies Act 1914, amending the Sale of Food and Drugs Acts; the Bankruptcy Act and Deeds of Arrangement
Act 1914, whereby the Bankruptcy Act 1913 was repealed; the Affiliation Orders Act 1914, and the Criminal Justice Administration Act 1914. The complexity due to these numerous alterations in the law, evidence, and procedure, is further increased by the postponement in the case of some Statutes of the operation of some of their provisions. Decisions in the High Court have also been both numerous and important. With all this additional matter, increased bulk could scarcely have been avoided. Mr. Atkinson is rareful to point out how, under the Defence of the Realm Act, the accused is expressly deprived of the statutory right to claim trial by jury. Since the Practice went to press, however, this Statute has been the subject of much hostile criticism upon this and other points. It has now been amended. In the labour of revision M: Atkinson has again enjoyed the assistance of Mr. Frank Richards, of Leeds.
Twenty-fifth Edition. Paterson's Licensing Acts. By G. R. Hill, M.A., assisted by S. E. MAJOR, Junr. London: Butterworth & Co.
1915. In the present edition, the fourth to the learned Author's credit, general assistance has been given by Mr. S. E. Major, Clerk to the Licensing JJ. of Barrow-in-Furness. Mr. Major has also revised and increased the number of the forms in the Appendix. Several alterations designed to render the book more useful to practitioners have been made. The chapters in Part I, dealing with licences for theatres, music and dancing, cinematograph exhibitions and billiardrooins, have been remodelled so as to bring them into conformity with the general scheme of the book. The various Statutes relating to these licences, together with full notes, are to be found in Part II. These provisions of Statutes regulating performances by children at public entertainments have been added.
The chapter on “Clubs” has been considerably amplified and largely re-written, whilst that containing decisions upon miscellaneous points of law connected with licensed premises has been rearranged under sub-heads so as to facilitate reference. The historical matter relating to the Act of 1910 has been compressed into one chapter and now forms a chronological summary of the Licensing law from 1828. During the year there has been an increased number of decisions upon points of Licensing law, and these are duly noted in the text. Attention may be particularly directed to Mellor v.
Lydiate, as to managers holding licences; Commissioners of Customs and Excise v. Curtis, as to monopoly value when a full licence is granted to a beerhouse ; Radford v. Williams, as to “permitting drunkenness”; and Metford v. Edwards, as to bogus clubs. The relevant provisions of the War Emergency Statutes are prefixed to the book. In the able hands of Mr. Hill this standard work continues steadily to improve, and this is effected without any material increase of bulk, a sure indication of capable editorship.
The Finance (1909-10) Act 1910 Cases and Amendments. By F. M. RUSSELL DAVIES, M.A. London: Sweet & Maxwell. 1914.—The object of the learned Author of this book is to present in a convenient form the reported decisions upon and subsequent statutory amendments to the Finance Act 1910. With the position of Lumsdon's case, where the Lords were equally divided, Mr. Davies is naturally dissatisfied. The decision of the Court of Appeal, which consequently held good, he considers to be wrong. Mr. Davies's critical and explanatory notes are very much to the point, and the only fault we have to find is that they are much too brief.
Inland Revenue Affidavits. By T. O. VOYSEY. London : Stevens & Haynes. 1915.-This little book is intended to show practitioners how to prepare and deliver an Inland Revenue Affidavit for the payment of Estate Duty upon obtaining a grant of probate or letters of administration. Detailed instructions are arranged in alphabetical order. Mr. Voysey is employed in the Estate Duty Office at Somerset House, and his statements may therefore be accepted with confidence.
Butterworths' Workmen's Compensation Cases. Vol. VII (New Series). By Judge RUEGG, K.C., and Douglas KNOCKER. Assisted by EDGAR T. DALE. London: Butterworth & Co.
1914.-The only difference in this volume from its immediate predecessor is its increased bulk due to the great number of Appeals decided in the course of the year. The former arrangement is preserved, the Reports being preceded by a Digest of all the cases reported in this volume arranged in the order of the sections of the Act of 1906. To the report of every case reported elsewhere references are added. The cases are reported with the same care and accuracy as formerly by members of the Bar mentioned in the Preface, and this series will compare favourably with that of any other Reports.
Third Edition. Procedure at Meetings. By ALBERT CREW. London : Jordan & Sons. 1915.-So important to the public is the subject of this book that it is well to recall its scope. It contains a concise and clear statement of the law relating to the conduct and procedure at public and company meetings, with the sections of relevant Statutes such as those relating to the preservation of order ; full notes and definitions of technical terms; the rights of theatregoers; admission of the press; the law relating to free speech ; blasphemy; notes on statutory meetings; and forms of notices of meetings, agenda papers, and minutes, together with the decisions of the Courts affecting meetings down to October, 1914. These decisions, since the publication of the second edition, are both numerous and important, and are duly noted in their place. A new feature is a chapter entitled “The Art of Public Speaking," by Mr. George Goodes, the well-known lecturer in Elocution.
Books received, reviews of which have been held over owing to want of space :Oppenheim's Papers of j. Westlake on Public International Law; Huberich and Nicol-Speyer's German Legislation for the Occupied Territories of Belgium; Goadby's Commentary on Egyptian Criminal Law; Robson's Trespass and Injuries by Animals ; Aggs' Handbook on Bankruptcy; Stone's Justices' Manual ; Brissaud's History of French Public Law; Sanders' Criminal Justice Administration Act 1914; Picciotto's The Relation of International Law to the Law of England and of the United States; Melville's Principles of Roman Law; Railway and Canal Traffic Cases, Vol. XV; Disney's Carriage by Railway; Baty and Morgan's War: Its Conduct and Legal Results; Every Man's Own Lawyer; Mews' Annual Digest ; Chitty's Annual Statutes ; Butterworths' Twenticth - Century Statutes; Butterworths' Yearly Digest ; Archbold's Lunacy; Williams' Bankruptcy; Glaister's Medical Jurisprudence; Jordan's Company Law; Snell's Principles of Equity.
Other Publications received :-Naval and Military Despatches relating to the War (H.M. Stationery Office); Kuhn's Gründzuge des Englisch-Amerikanischen Privat und Prozessrechts (Art. Institut Orell Füssli, Zurich); Decisions of United States Courts on Copyright, 1913-14, and Report of Register of Copyrights (Library of Congress, Washington); Les Réfugiés Belges taxés par les Allemands (B. H. Blackwell, Oxford); The Political Quarterly for February (Oxford University Press); Busones, by A. Betts.
The Law Magazine and Review receives or exchanges with the following amongst other publications :- Juridical Review, Law Times, Law Journal, Justice of the Peace, Law Quarterly Review, Irish Law Times, Australian Law Times, Canada Law Journal, Canada Law Times, Chicago Legal News, American Law Review, Harvard Law Review, Case and Comment, Green Bay, Mauiras Law Journal, Calcutta Weekly Notes, Law Notes, Law Students' Journal, Bombay Law Reporter, Indian Review, Kathiawar Law Reports, The Lawyer (India), South African Law Journal.
LAW MAGAZINE AND REVIEW.
No. CCCLXXVII.—AUGUST, 1915.
1.-THE COMMISSION OF LIEUTENANCY
IN THE COUNTIES:
HE office, if not the name, of lord-lieutenant may
be traced to a very remote antiquity. With the Barbarian invasion of the empire the Roman province disappeared as a unit of administration. During the early part of the 5th century, under pressure from the enemy, the Roman Government established in many of the cities military officers with the title of comes civitatis. For instance, Auspicius, Bishop of Toul, writes to the comes Trevirorum about the year 457 and a comes civitatis at Marseilles is mentioned in 475. Powerless to govern vast territories, such as a Roman province, the Barbarians seized on the Roman civitas as the unit of administration. Whether the Roman military count enjoyed with his military functions civil powers, has not yet been satisfactorily proved. Probably he did, since, in Gaul, for instance, the Merovingian count who had stepped into the shoes of the Roman comes united in himself both civil and military powers and exercised his judicial authority through his deputies, the thunginus and the centenarius.
1 Fustel de Coulange declares "en réalité ces comtes mérovingiens, mi-partie Francs, mi-partie Gaulois, étaient les successeurs des comtes que l'empire avait <tabli dans chaque cité au qe siècle.”