second book. Again, we find a further subdivision into three parts. Part I deals with "Crown debts and their recovery," Part II with "Proceedings at law on the Revenue side of the King's Bench Division," Part III with "Proceedings in Equity on the Revenue side of the King's Bench Division." Petition of Right is a branch of legal knowledge within the scope of nearly every lawyer, finding its place in Book III; it constitutes, perhaps, the gem of the whole book. Herein is delineated in clear, simple language, this mighty fundamental right of the subject. Free from ancient history of no practical utility, the subject is dealt with in a clear, succinct form. The learned Author gives a clear and allembracing definition of Petition of Right, pointing out how that this definition, differing little from Blackstone's, is wider in its scope than Staundford's or Comyn's, and embraces petitions for unliquidated damages for breach of contract. It would not be possible for us, within the limits of a review, to follow to its termination the scholarly treatment of this subject. Passing on to Book IV, we have the somewhat limited question of Escheat dealt with. Again, in the fifth book, "Other Civil Proceedings in which the Crown participates," a variety of subjects in which the Crown is party, finds a place. One of the most important divisions of this treatise is the sixth book, in which "Points of practice and procedure" are noticed. Such interesting questions as the Sovereign being a witness, discovery by a foreign sovereign, are discussed in an interesting and erudite fashion. In the seventh book a very learned disquisition is given upon "Actions against Executive Officers of the Government "-a subject of very supreme importance to the practical lawyer. The book contains a plethora of forms and precedents culled from the ripe experience of Mr. Justice Sutton, and Mr. A. H. Dennis, AssistantSolicitor to the Treasury. The book itself is dedicated to the Lord Chief Justice of England, and enjoys the assistance in preparation of such master craftsmen as Mr. Justice Joyce, Master Mellor, and Mr. Acland, K.C., as well as others who have done their share. The Table of Cases, Table of Statutes, and Table of Rules and Orders, show careful revision and compilation; the Index has been carefully drawn up, and is copious and illuminating of the text. Speaking of the book as a whole, we feel certain that it will be widely appreciated by the legal world. It displays, on the part of the learned Author, a ripe scholarship and erudition that it would be hard to rival. Dealing with a wide subject, it is certain to have a

large circle of readers. A large portion of the treatise, being exceedingly technical, will be of interest to specialists, but the rest will appeal to all lawyers. Of the intrinsic merit of the book we can speak with no uncertain note of praise, and we can only hope that its scope of success may be commensurate with its great innate merit.

The French Civil Code. London: Stevens & Sons.

By E. BLACKWOOD WRIGHT, LL.D. 1908.

In these days of the "Entente Cordiale" it is not at all unlikely that many English will like to learn something of the Code Napoléon which is the law of our Gallic neighbours. The British Empire is Cosmopolitan in its administration of law, and no doubt it will be news to many that the Code Napoléon is the law of the Colonies of Mauritius and Seychelles. Apart from this, the translation will be most useful to the ever-growing body of English lawyers practising in the Egyptian Courts where French law is so much in vogue. With many of the criticisms of the learned Author pointed at the Code we cannot profess to agree. The Code is so much based upon the Roman law modified to modern usage, a kind of law in use in many of our Colonies, that some of Mr. Blackwood Wright's criticisms appear to us to smack of insularity. He says, "The position of married women under the Code is lamentable," and then continues to describe it. The description shows that it is analogous to her position under the Roman Dutch law, a system which is administered in such places as British Guiana, Ceylon, and last but not least, in South Africa. It has lasted in these places for many years, as indeed it has in France; and yet Mr. Blackwood Wright condemns the whole position as lamentable; quot homines tot sententiæ might well be remembered by the learned Author. Other matters might be mentioned in this connection, but the above example will suffice. The notes on English cases which illustrate the text are very clear and well stated. For the use of lawyers in Mauritius and Seychelles, a black line has been placed against those sections which have been amended or altered by the Ordinances of Mauritius. We are inclined to disagree with the Author in thinking that his circle of readers will be limited, as with so much commerce between France and England, a commerce which is ever increasing, the lawyers on both sides of the Channel will find many opportunities for research in the laws of both countries. The Index is a very excellent one. Our only

criticism on this work of all-round excellence is that in any future edition the Author might, with advantage, revise some of his rather strongly-expressed and somewhat limited views in the Preface.

Butterworth's Ten Years' Digest, 1898 to 1907. 4 Vols. Under the general editorship of SIDNEY W. CLARKE. London: Butter

worth & Co. 1908.

This work is under the general editorship of Mr. Sidney Clarke who has been assisted by seven other gentlemen, namely, Messrs. Plumptre, Laurence, Coltman, Emanuel, Valentine Ball, Hopkins and Clover. Published in four volumes, Volume I contains subjects ranging from Actions to Friendly Societies; Volume II, Game to Post Office; Volume III, Powers to Work and Labour; Volume IV, a list of the words, terms and phrases used in the Digest, cases affirmed, reversed, etc., and the Table of Cases digested. Including the years 1898 to 1907, some 9,300 cases are dealt with, the same system of arrangement being employed as one finds in the Encyclopædia of Forms and Precedents, also in Lord Halsbury's Laws of England, with any necessary modifications. Every case is numbered, and if dealing with two or more points, appears under its several headings with numbered cross-references to the others. The main subjects have each a separate list of contents, and comprise cases decided in the English Courts during the years above mentioned, together with many decisions of the Scottish and Irish Courts. The Table of Cases affirmed, reversed, etc., is very complete, and must have necessitated a stupendous amount of detailed work. Looking through the Digest, one is much struck by the completeness with which some of the more important subjects are dealt with. For instance, Bankruptcy and Insolvency, Criminal law and Procedure, Local Government, Metropolis, Practice and Procedure, Wills, and many others too numerous to name. Speaking generally, it is safe to recommend it as a reliable and useful Digest, which will prove to be a welcome addition to any law library as a work of reference.

Second Edition. The Law of Carriers by Land. By W. H. MACNAMARA and W. A. ROBERTSON. London: Stevens & Sons.

1908.

It is twenty years since the first edition of this work was published, and it is hardly necessary to point out how much the subject treated

on has widened since then. Important statutes, such as the Railway (Rates and Charges) Order Confirmation Acts 1891-2, and the Railway and Canal Traffic Act 1894, have been passed, and we should not like to have to say how many reported cases have been decided on the subject. The Authors have, therefore, had plenty to do in revising the former edition and making the present one a complete digest of the law, and including the cases on the subject reported, not only in the English, but in the Scottish and Irish Courts. The work has the form of a code or series of numbered articles. We hardly think that the law of Carriers has made much progress towards codification since 1888, but when it is "feasible and desirable" the Authors modestly hope "that this Digest may afford facilities for that operation." It throws, however, some light on the possibilities of codification, to find that the Authors have found it impossible to deal with the Rates and Charges Acts of 1891-2 in separate articles; but the London and North Western Railway Company's Rate and Charges Order Confirmation Act 1891 has been given as a specimen, with references to the cases which have been decided under this or the similar Acts of other companies. Questions of very great difficulty arise under some of the Railway Acts, such as the Railway and Canal Traffic Act, which can only be adequately dealt with by those who, like the present Authors, possess, not only a knowledge of the law, but also a wide experience of the practical working of railways. The portion of this volume most interesting and important to the mercantile community will probably be Parts I and II on Carriers of goods by land generally, and Carriers of goods by railway; where, among other points discussed, are those very difficult ones of "reasonable facilities," and "undue preference." Part III is a very short one on Carriers of animals by railway. Parts IV and V are important to us all, as they discuss the carriage of passengers' luggage by railway, and the carriage of passengers themselves by railway, respectively. Under the first heading it is worth while to note that the learned Authors seem to think that Becher v. G. E. Ry. Co. is over-ruled by Meux v. G. E. Ry. Co. It is also interesting to note that the common regulation of railway companies, that passengers' luggage must be addressed with name and destination of owner, has been decided not to be a just and reasonable condition within sect. 7 of the Railway and Canal Traffic Act 1854. The second heading, Carriage of passengers by railway, is more important, and takes up about

is the duty of a carrier of passengers .

100 pages. Some points are still doubtful, Article 343 would hardly find place in a code, as it states "It is doubtful how far it to receive all persons as passengers and in the note the Authors say, "It is submitted that in England a carrier of passengers is not a common carrier according to the custom of the realm and the Common law." Another article lays it down that, though not so decided in the Perth General Station Committee v. Ross, "a railway company has, in the first instance, the right to exclude any person from their stations"; but both these points are of little practical importance owing to the powers of the Railway Commissioners. Part VI treats of Carriage of passengers by road. The whole forms a remarkably clear digest, well provided with notes of cases.

Second Edition. The Practice on the Crown side of the King's Bench Division. By F. H. SHORT and F. H. MELLOR, K.C. London: Stevens & Haynes. 1908.

The first edition, founded upon Corner's Crown Office Practice, appeared in 1890, and immediately took its place as a text-book of high standing. Since then many Acts have been passed, necessitating the total revision and re-writing of the work. There is no doubt that both of the learned Authors are well equipped for their task, Mr. Short as being chief clerk of the Crown Office, and Mr. Mellor by reason of his wide experience in this class of practice. The Judicature Act of 1894 and the Court of Criminal Appeal Act 1907 are both Acts of Parliament which have entailed a considerable addition to the treatise. New Crown Office Rules appeared in 1906, which, taken with several important judgments, have added to the burden so well sustained by the Authors. In the present edition a novelty has been introduced by abolishing chapters, and simply taking the Rules in chronological order and annotating them. This certainly appears to us to be an improvement. Certain subjects, such as Mandamus, Certiorari, Prohibition, Attachment, etc., have been picked out for special treatment, owing to their complexity. In Appendix C are to be found the official forms in use, in Appendix D we have additional forms suggested by the Authors, but which are not official. The present edition, although not running to so many pages as the first, is printed on larger size paper. The Index is excellent, and the printing of the sub-heads in the method adopted makes for clearness and rapidity of search. In conclusion, it may