« PreviousContinue »
considered the needs of the lawyer without ready access to a law library, and has printed all the rules, forms and orders drawn up under the various Employers Liability and Workmen's Compensation Acts. The Index is complete and illuminating of the text. Speaking generally, the present edition may well be regarded as a standard work on the law of Master and Servant.
Second Edition. Cardinal Rules of Legal Interpretation. By EDWARD BEAL, B.A. London: Stevens & Sons. 1908.
It is some twelve years since the first edition of this useful work appeared, so that a second, bringing the matter absolutely up to date, will be very welcome. Further materials, too, have been collected, which, together with other alterations and additions, have increased the size of the volume. The book itself is divided into eight parts. In Part I we have the wide subject of Case law discussed in a way which shows the relative value attached by judges to the utility of various reports; Part II gives the Rules of legal interpretation applicable to all instruments ; Part III treats of contracts; and Part IV shows us the Rules applied to the interpretation of all deeds. In Part V mercantile instruments find a place; and miscellaneous instruments come in Part VI. The interpretation of Statutes is the subject-matter of Part VII, and when one realises that treatises have been written dealing exclusively with this branch of law, one views with a somewhat critical eye the learned Author's treatment thereof. One is bound to say that the way he deals with this is masterly and complete ; apparently nothing is missed, and the text is a mine of useful information. The heading of “Wills," which concludes these divisions in Part VIII, is also of paramount importance, and here again Mr. Beal maintains a high standard. The scheme of the Index is a model which might well be followed by others. The great value of this work in Colonial Courts, where text-books and reports are not always available, and where questions affected by the Rules of Interpretation are always cropping up, can readily be estimated.
Third Edition. May on Fraudulent and Voluntary Dispositions of Property. By W. DOUGLAS EDWARDS, LL.B. London: Stevens
Douglas & Haynes. 1908.
The first edition of this treatise was compiled in 1871 by the late Mr. May. At that time it was apparently the only exhaustive work which had appeared on the subject since the commencement of the
century. Since the appearance of the second edition many points have been decided on the statute 13 Elizabeth, c. 5, more especially regarding the impeachment of voluntary conveyances by subsequent creditors. The Voluntary Conveyances Act 1893 restricted to a very large degree the operation of the statute 27 Elizabeth, c. 4, on voluntary conveyances, making much of the Case law on the latter statute obsolete. In the present edition the provisions of the Bankruptcy law bearing on the subject of the book have been grouped under one head, in place of being scattered about in various chapters. In conclusion, it may be stated that many of the chapters have been re-written, the matter brought thoroughly up to date, and the book in every way qualified to occupy a foremost position in any lawyer's library.
Third Edition. The Law of Trade Marks and Trade Name. By D. M. KERLY, M.A., LL.B., and F. G. UNDERHAY, M.A. London: Sweet & Maxwell. 1908.
In reviewing a new edition of a standard work, there is not much to be said beyond pointing out some of the novelties comprised in it. Mr. Kerly's book reached its second edition in 1901. Since that date the Trade Marks Act 1905 has been passed and has brought about many reforms. The objects of this Act were many, but the following were important :-(1) To divorce once and for all the subject of Trade Marks from that of Patents and Designs, an alliance attended with dire results since 1883; (2) to enlarge the scope of the Register by admitting many new classes of marks; (3) to simplify the law of registration. When incorporating this new Act, it was found necessary to re-write a great part of the earlier chapters, which has been done.
The learned Authors appear to deplore the tendency of modern decisions to sweep away all technical discussion as to what can or cannot be acquired as a Common law trade mark, and make it simply a question of whether the defendant has or has not tried to pass off his goods as the plaintiffs. Some may agree with these strictures, some may not, “quot homines tot sententiæ." The Appendix contains some important Trade Mark Acts passed by the United States and the Commonwealth of Australia. Other reforms have been introduced which will no doubt commend the present edition to the wide circle of readers of the former ones.
Fourth Edition. Acts relating to the Estate Duty. By Sir EVELYN FREETH, assisted by C. R. Elliott. London: Stevens & Sons. 1908.
The fourth edition of this popular work has been very carefully revised, and includes the Finance Act 1907. The Authors are both qualified by reason of their experience to be considered as authorities on this very intricate and technical subject. Sir Evelyn Freeth holds the post of Secretary of the Estate Duty Office, and Mr. Elliot occupies a position in the same office. In the first instance, we are given an epitome of the Finance Acts, wherein the different subjects are grouped under their respective heads. Part II deals with the Finance Acts of 1894, 1896, 1898, 1900 and 1907, together with notes which contain much valuable information. The Appendix of Forms seems to be comprehensive and complete ; some of these forms do not come before the public except on rare occasions, when special application is made for them. The book may be safely recommended to those in search of correct and complete information with respect to the estate and other death duties.
Fifth Edition Laws of Insurance. By J. B. PORTER, assisted
. by W. F. CRAIES, M.A. London: Stevens & Haynes. 1908.
Mr. Porter first published this work in 1884 and to each edition he has added references to fresh cases till now they number nearly 1,900. The last edition was published as recently as 1904. The learning and care bestowed on the work is well known, and there are only two features we purpose to call special attention to. The first is, that it contains the whole law of Insurance, with the exception of Marine, namely, Fire, Life, Accident and Guarantee, in one volume of moderate size of (including the Index) 594 pages. The other is the very large number of American decisions cited. Authors differ in the methods of treating American decisions, and their value depends to some extent on the branch of law treated, but there is no doubt that the law of Insurance, for some reason or other which we will not stop to inquire, has been the subject of very great litigation in America, and these decisions should prove of considerable use in furnishing advocates with arguments, to put it no higher. A list of abbreviations by which the American and Colonial reports are referred to renders reference to them easy.
Sixth Edition. Oliphant's Law of Horses. By C. E. LLOYI), T. C. BARTON, M.R.C.V.S., and C. MORSE, D.C.L. London : Sweet & Maxwell. 1908.
The first edition of this treatise appeared as far back as 1847 and was produced by the late Mr. Oliphant. It was a work which dealt with all the law affecting the horse directly and indirectly. It included a Part III, which dealt with Racing, Wagers and Gaming. Very wisely this branch of the subject has been omitted from the present edition, owing to the fact that this matter, having grown to such enormous proportions, more suitably would be dealt with in a separate treatise. Mr. Barton is responsible for those parts of the book which deal with the veterinary aspect of the subject, and Mr. Morse has annotated the text with Canadian cases. Mr. Lloyd, then, is really the Author of the major portion of the book, and well he has acquitted himself of the task. The buying, selling and exchange of the "Friend of Man" have been most adequately dealt with. Such vital subjects as Unsoundness, Warranty, and Fraudulent Contracts, have been treated of in a masterly fashion. In Part II we find the wide subject of Negligence in the Use of Horses explained in a clear and succinct manner. The appendices contain not only the English but the Canadian statutes on the subject. If one might criticise, it would be to say that the Index is somewhat cumbrous and calls for revision. Taking it all round, however, the book is a fund of case and general law affecting the Horse and his use.
Seventh Edition. The Public Health Acts. Vol. I, by A. MACMORRAN, K.C., and J. SCHOLEFIELD; Vol. II, by A. MACMORRAN, K.C., and S. G. LUSHINGTON. London: Butterworth & Co. 1908.
Lumley's Public Health is a book of world-wide fame, and finds a place on every lawyer's book-shelf. Public Health is vast subject, and many writers have issued works dealing with it in a more or less satisfactory manner, and yet Lumley keeps its place as the standard treatise. Every year Parliament passes laws which in a direct or indirect manner add to the complexity surrounding this branch of legal study. In fact, a lawyer has to assimilate so much knowledge that it requires almost a lifelong study to be anything like proficient in it. Of this select band of experts, none holds a higher position than Mr. Macmorran, and no more able hand could be chosen to bring the present work up to date. Of course we
know that he has been associated with several previous editions, but when one realises the tremendous amount of additions since the last, one wonders how such a busy man finds time to successfully cope with so enormous a duty. The Public Health Acts Amendment Act 1907 in itself would necessitate a fresh edition. That Act offered facilities to sanitary authorities outside London for acquiring various additional powers under certain local Acts without entailing the expense of going to Parliament to obtain them. The Act (7 Edw. VII, c. 53) contains 95 sections which are grouped under ten heads. Part I is general ; Part II deals with streets and buildings ; Part III contains sanitary provisions ; Part IV provides for infectious diseases; Part V regulates common lodging-houses ; Part VI, recreation grounds ; Part VII, Police; Part VIII, Fire brigade; Part IX, sky signs, and Part X deals under the head of “Miscellaneous” with such multifarious matters as bathing places, life-saving appliances, the licensing of pleasure boats, etc. From this resumé it is obvious how various and far-reaching this Act is in effect, and how ardous must be the work of annotating the different sections. In addition to this Act, we find other new Acts which affect Local Bodies, as the Cremation Act 1902; the Borough Funds Act 1903 ; the Local Government (Transfer of Powers) Act 1903 ; and very many others dealing with almost every branch of local government. All of these various statutes have been collected and annotated with the greatest possible care. Many of the notes in previous editions have been re-written. This affects, particularly, many of the annotations to various sections of the Public Health Act 1875, that Magna Charta of public health. One section, namely, 104, has had its notes considerably added to by the inclusion of the discussion relating to the position between landlords and tenants in connection with drainage and paving expenses, and the many decisions thereon. Volume I contains all the Public Health Acts properly so called, from 1875 down to the last one in 1907. Volume II contains the Appendices. Appendix I is composed of various Acts not strictly Public Health Acts, but which are germane to the subject. Appendix II deals with Accounts and Audit, a most important subject to local bodies which now-a-days handle such enormous sums of the taxpayers' money : also many other matters such as Allotments, Alteration of Areas, Bills in Parliament, Cemeteries, etc., which form such a constituent part in local management. In the preparation of