useful summary of the Act, and there are extremely full Appendices, which include the Treasury Order regulating Fees in County Courts, Regulations by the Registrar of Friendly Societies, and other kindred

matters.

The Science of Jurisprudence. By Hannis Taylor, LL.D. New York: The Macmillan Co. 1908.

In this learned treatise the growth of Positive law is unfolded by the historical method, and its elements classified and defined by the analytical. Following this scheme the book is therefore divided into two parts. In Part I we find the analytical and historical methods contrasted, and Jurisprudence and its province defined. Then follows the external history of Roman and English law, with a chapter on English law in the United States; and, in conclusion, an historical sketch of Roman and English law combined. Part II deals exhaustively with Law Proper or State law, Law by analogy or International law, and International Rules to prevent Conflict of Laws. A very full List of Authorities cited is furnished together with a Table of Cases cited. In the Appendix the Author gives us the epoch-making tract of Pelatiah Webster in which is embodied the first draft of the existing constitution of the United States of America, to which is appended the notes to the re-publication made at Philadelphia in 1791. The learned Author is to be congratulated on the production of a work the study of which-if we may quote the words of Dr. von L. Mitteis of Leipsic University-" appeals to the heart of every man." It is appropriately inscribed to the Right Honourable James Bryce and Professor Thomas Erskine Holland, K.C., "Masters of the science of Jurisprudence."

History of the Roman-Dutch Law. By the Hon. J. W. WESSELS. Grahamstown: African Book Company. 1908.

There has always been good ground for complaint-which no longer exists with the arrival of this standard work-that the student of Roman-Dutch law, unless able to read old Dutch, had no opportunity of acquiring information concerning the historic evolution of this most scientific system of law. The work under review is divided into two parts, the first dealing with the "general development of the Dutch system of Law," the second with the "Law of Persons, Things and Obligations." Naturally, the first part presents the greater attraction, owing to the fact that the learned Author has made such a profound study of early German history, which history has left a

deep impress on the Roman-Dutch law of to-day. Perhaps the most fascinating chapters are the 31st and 32nd, which deal with the writers of the seventeenth and eighteenth centuries. Naturally, Johannes Voet comes in for the lion's share of praise; but few will quarrel with the Author for his profound admiration of Cornelius van Bynkershoek, of which there is no attempt of disguise. Mr. Justice Wessels is well known to be fearless both in criticism and in expression of opinion, for which one admires him; at the same time, his strictures on the law of the Cape Colony and the Transvaal affecting ante-nuptial contracts, on page 465, strike one as being fantastic. In answer to his oratorical question "When will the pendulum swing back again?" many will reply, "Let us hope that it never will." On the other hand, the reader who knows his law will cordially agree with the trenchant comments, to be found on pages 476 and 477, as to the unsatisfactory nature of the law regarding the difference between movables and immovables. The reviewer is much struck by the lucid and characteristic manner in which either the history or principles of any particular branch of law are summed up after having treated of them. If for no other reason the treatise were commendable to both the lawyer and student, this in itself would make it so. For instance, how better could the history of the law regarding the alienation of immovable property be tabulated than in the manner adopted on page 500? There is an excellent Index, and the List of Authorities is most complete, but one regrets to learn that the Oud-Nederlansch Burgerlyk Recht of Professor Fockema Andreæ only came to hand after the greater portion of the History had gone to press. The account of the trial of R. v. Gebhardt appearing in the Appendix will explode a generally accepted belief that the torture of slaves in the Cape Colony went unpunished in the old times. Obviously, no Roman-Dutch law library can claim to be complete unless comprising this work by one of the most eminent jurists in South Africa.

Responsible Government in the Dominions. By A. B. Keith, M.A., B.C.L., M.R.A.S. London: Stevens & Sons. 1909.

In these days, when the development of the resources and sympathetic knowledge of things appertaining to the British Dominions beyond the seas excites so large a share of interest in the mother country, a book of this nature merits more than a passing reference. In it Mr. Keith shows us how responsible government was originally

given, and the legal basis upon which it rests. The duty of Dominion Governors and ministers is dealt with, and the powers and privileges of Dominion Legislatures are fully defined, together with the relations between the Houses of Legislature. Chapter VIII is a very important one, comparing as it does the Federations of Canada and Australia. Let us hope, however, that Mr. Keith's forecast of the Federation of South Africa may be falsified, and that that colony, profiting by the experience of Canada and Australia, may continue along its present path, which leads to unification. The relations between the Mother country and her Colonies find ample place. The limitations on the Prerogative of the Crown, the Judiciary, Church, and Judicial Appeals, all have due consideration given to them. To sum up, it may be said that, although the work is more essential to the politician than the lawyer, at the same time it would form a valuable and instructive addition to any legal library.

Criminal Appeal Reports. Vol. I. By HERMAN COHEN. London: Stevens & Haynes. 1909.

Mr. Cohen gives a full report of the proceedings of the Court of Criminal Appeal from May to December last year, including not only all the appeals but all the applications for leave to appeal. Though many of the former are of no legal value, as they merely record the bare fact that a defendant convicted of a certain offence applied for leave to appeal and was refused, yet there is a considerable number of valuable decisions, which show by what principles the Court has been guided in giving leave to appeal, and how slight mis-directions and omissions on the part of the judge in the Court of Trial are dealt with. They also illustrate pretty clearly what sort of case involves, in the opinion of the Court, a "miscarriage of justice." It is important to notice the repeated expressions of regret by the Court that they have not the power to direct a new trial. As regards the practice of the Court, perhaps the most important points to notice are that they will not retry the case, that they will very rarely allow witnesses to be called who could have been called at the trial, and that if a defendant chooses to let out that he has been previously convicted he must generally take the consequences. There are also some decisions on points of law which are worth noting, such as R. v. Muirhead which follows R. v. Jones, and there is an important quærie in R. v. Pearson whether a general verdict on an indictment for stealing and receiving can stand when there is no evidence of stealing.

Reports of Rating Appeals, 1904-1908. 2 Vols. By E. M. KONSTAM. London: Butterworth & Co. 1909.

These reports are a continuation of Ryde and Konstam's Rating Appeals by Mr. Walter Ryde and the present Editor. A number of very important decisions both on the law and practice have been given in that work, and we do not think that we are speaking too strongly when we say that the present reports are indispensable to all who are concerned with the important and difficult branch of law of which they treat. Mr. Konstam has had the advantage of being personally engaged in a not inconsiderable number of cases which he reports, and although Mr. Ryde is no longer responsible for the publication, the Editor is indebted to him "for the use of his notes and for much inestimable help and advice," and what Mr. Ryde does not know about Rating "is not worth knowing." Between eighty and ninety pages are taken up with cases from the London Quarter Sessions, and about sixty by cases from certain other Quarter Sessions. The great value of these Quarter Sessions reports is the valuations they give, such as that of the railway line at Hertford Quarter Sessions, that of a Railway Goods Yard by the Recorder of Cambridge, that of an electric undertaking at the London Quarter Sessions, and of electric tramways at Middlesex Sessions. The House of Lords has given a most important decision upon the rating of branch lines in the Great Central Railway v. Banbury Union, and binding decisions on the rating of light railways, sewage farms, and tolls in gross have, as Mr. Konstam says, "put an end, for the present at any rate, to the long controversy upon the rating of premises equipped with machinery." The rating of an immense variety of kinds of property has been discussed and many important points of practice settled; and now Mr. Konstam is no doubt looking forward to a new Valuation Act and the taxation of Ground Values as a fresh field for his labours.

Second Edition. Banking and Currency. By E. SYKES, B.A., with an introduction by F. E. STEELE. London: Butterworth & Co. 1908.

Banking Law. By R. W. HOLLAND, LL.B., and A. NIXON, F.C.A. London: Longmans, Green & Co.

Second Edition. The Law of Banking. By Sir JOHN R. PAGET, Bart., K.C. London: Butterworth & Co. 1908.

These three works may be roughly described as dealing with the theory, practice, and advanced practice of Banking. Mr. Sykes'

valuable little work was intended mainly for those students who are reading for the examinations held by the Institute of Bankers and kindred bodies. There are only about three chapters that deal with the actual law of Banking, but the principles and history of the Currency, the Gold Standard, Bimetallism, the history and position of the Bank of England, the system of the Clearing Houses, Foreign Exchange, Money Market, are all dealt with in a manner that renders the book of the greatest interest and service, not only for those preparing for a banking or commercial career, but also to all those who, whether lawyers or laymen, wish to get a clear idea of the principles of these important subjects. A selection of test questions taken from papers set by various Examining Bodies increases the value to students.

Messrs Holland and Nixon's Banking Law forms one of Messrs. Longmans' well-known Commercial series. It is intended for business men and students, and has, for the benefit of the latter, questions at the end of each chapter, and in an Appendix one hundred questions selected from the recent examinations of the Institute of Bankers. The Editors express some regret that they have felt compelled to include references to cases. Some cases are dealt with at a considerable length considering the scheme of the work; but they are cases of the importance of Colonial Bank of Australasia v. Marshall and Gordon v. Capital and Counties Bank. We have examined several parts of the book, and have nothing but praise for its accuracy. The Appendices contain the questions before referred to, Bills of Exchange Act 1882, Crossed Cheques Act 1906, and Bank and Commercial Forms.

Sir John Paget's book has well established its position as one of the leading authorities on its subject. It is written, it seems to us, from the point of view of the Banker, and to advise him in his relations with his customers. It examines with great acuteness many of the difficult and doubtful points, which seem to be more abundant in Banking than in most other branches of the law; and sets out the pros and cons in opposition to each other. He does not fear to criticise even judgments of the House of Lords, as in Gordon v. Capital and Counties Bank. This last has, Sir John says, "been severely criticised both in legal and banking circles," and concludes that the present situation is "entirely unsatisfactory." The most important statutory additions are the Bills of Exchange (Crossed Cheques) Act 1906, and the Public Trustee Act, the relation to