489 Reviews. [SHORT NOTICES DO NOT PRECLUDE REVIEWS AT GREATER Cases on the Conflict of Laws. By ERNEST G. LORENZEN, Ph. B., LL.B. (Cornell), J.U.D. (Göttingen). St. Paul: West Publishing Company. 1909. The above work is one of thirty volumes, which constitute the "American Casebook Series," which is intended for use in the law schools of the United States. The drawback to a book of this nature is that the subject is divided into several headings, under which headings are grouped cases which, in the opinion of the learned Author, bear directly upon each particular heading. Mr. Lorenzen holds the position of Professor of Law in the George Washington University Law School, and so is presumably conversant with his subject, still for all that the selection must necessarily be of an arbitrary nature. To illustrate what we mean, let us take Chapter V, which deals with "Domicile." This chapter is divided into three sections, "General," "Domicile of Married Women," and "Domicile of Minors." Under Section I are given various leading cases, such as Winans v. Attorney-General, etc., but as to what particular principle of law these cases illustrate, is left to the imagination of the student after perusing them. It is well known that the case above mentioned illustrates several, but why the report of that particular case is inserted by the learned author in the text, is a question which he does not attempt to answer. Certainly leading cases are cited, but the book is more conspicuous by reason of its omissions rather than its commissions. We notice that the general Editor of the series tilts against the delivering of lectures to students by law professors, and claims that the system is doomed. We conclude that his remarks are intended to be confined to the United States, for, without laying ourselves open to the charge of insular prejudice, it does seem that that system is preferable to the one which hurls a mass of undigested information at the head of the unfortunate student, and expects him to use his own precautions against a severe attack of intellectual indigestion. It would appear as if this work would be of one use, and that is to act as a collection in one volume of cases reported in many reports not easily procurable. We would, however, commend to the serious consideration of Professor Lorenzen that in future editions he should supply some key, however slight, to the reasons for which he sets out the cases contained in this book. We note that in the Appendix are given the Conventions of the Hague relating to Conflict of Laws in the years 1902 and 1905. Leet Jurisdiction in England. By F. J. C. HEARNSHAW, M.A., LL.M. Southampton: Cox & Sharland. 1908. How many of the public, not to mention lawyers, know of the existence of the "Court Leet of Southampton," together with some forty-four others scattered throughout the length and breadth of England and Wales? This Court, held the third Tuesday after Easter, sits at the present day in the Audit House of the Municipal Buildings at Southampton, but was formerly convened at Cutthorn, open to the heavens, under the shade of beautiful trees. In the Introduction Professor Hearnshaw, in language medieval, describes this quaint link existing between ancient and modern times. In curious language, after the jurors have been sworn, the steward reads a formidable list of the duties they have to perform. Such questions as maintaining a pair of stocks, poaching, using of false weights by tradesmen, and the existence of nuisances come up for discussion. Needless to say, no discussion as a rule takes place, and the faithful jurors pass into the Mayor's parlour to be regaled by the sheriff with a champagne lunch after their arduous labours. The work was originally intended merely to be a historical review of the Southampton Court Leet. Subsequent investigation convinced Professor Hearnshaw that it was necessary to traverse the whole system as it existed and exists throughout England and Wales. The learned Author points out how in certain particulars he differs from the late Professor Maitland, whose death deprived the world of one of the most brilliant explorers in the realms of Medieval law and legal history. When such great authorities differ, who can decide which is right? This book will be of interest to the lawyer who possesses an antiquarian turn of mind, and if of no every day utility, it nevertheless serves as a monument of the labours of those who wish to perpetuate the history of our ancient legal institutions. To men such as the learned Author, Professor Maitland, Dr. Vinogradoff, and others, historians and lawyers owe a debt of gratitude for their unsparing devotion to this form of historical research. The Time Limit on Actions. By J. M. LIGHTWOOD, M.A. London Butterworth & Co. 1909. The method The above is a Treatise on the Statute of Limitations, and also on the equitable doctrine of Laches. The writing of this book was suggested to the learned Author by reason of a chapter on the Real Property Limitation Acts, 1833 and 1874, which formed a part of his Possession of Land, published in 1894. The text is divided into nine chapters, dealing with (A) Land and rent-charges; (B) Money charged on land, judgments and legacies; (c) Arrears of dower rent and interest; (D) Actions of contract and Tort; (E) Claims in Equity; (F) Extension of period of Limitation; (c) Stopping the Statute; (H) Public Authorities; (1) Criminal and Crown Proceedings and Proceedings before Magistrates. From this enumeration it will be apparent that the learned Author has dealt with his subject in a wide and comprehensive manner. The quality of the work has reached a high and efficient standard. of arrangement leaves little if anything to be desired, especially his manner of dealing with the Nullum Tempus Acts. In treating of the subject of dispossession, the effect of the authorities has been elucidated by a series of rules of the Author's own manufacture, by which means both the theoretical and practical importance of this branch of the law has been thrown into strong relief. Recent decisions, such as Perry v. Clissold (L. R. [1907], A. C. 73), In re Nisbet and Pott's Contract (L. R. [1906], 1 Ch. 386), and In re Lacey (L. R. [1907], 1 Ch. 330), have given the Author great assistance in pursuing this course. Many other subjects of great practical importance have been dealt with in a fresh, crisp and illuminating style. In fact one is bound to say that the learned Author's style of writing is all his own, and is refreshing in its novelty. Undoubtedly this work will meet with a large measure of success, merited by the ability with which the subjects are disposed of. A Digest of the Law relating to Private Trusts and Trustees. By W. G. HART, LL.D. London: The "Law Notes" Publishing Offices. 1909. Mr. Hart is a great believer in codifying the law of Trusts in the same way as the law relating to Bills of Exchange, Partnership, Sales of Goods, and Marine Insurance has been codified. Not content with merely holding this belief, Mr. Hart drafted a bill which was introduced in the House of Commons by Mr. Athelstan Rendall in 1907. This Bill was referred to a Select Committee comprising such eminent authorities as Mr. Phipson Beale, K.C., Mr. Cave, K.C., and Mr. Stewart Smith, K.C. It enjoyed many vicissitudes, including reports of the Judges of the Chancery Division and the Law Society made upon its provisions. It is apparently now in a state of "suspended animation," meanwhile the Author of it has been tempted to publish the notes on which the clauses of the bill were based. The draft code appears to be very comprehensive, and the notes are excellent, so that if Mr. Hart's Bill survives all its adventures and becomes enshrined in the Statute Book, this treatise, by reason of its authorship, will be of considerable value; in the meantime it would be premature to offer an opinion. The Law relating to Custom and the Usages of Trade. By R. W. ASKE, LL.D. London: Stevens & Sons. 1909. It must have given Mr. Aske considerable trouble to choose a suitable title for his work, and it cannot be said that the one chosen is altogether satisfactory. Parts of this book are very apt, but others again are somewhat confusing and the arrangement open to question. We are at a loss to understand the utility of dividing the text into five Parts and nine Appendices, when the matter treated in the Appendices is every bit as important as that treated of in the body of the book. The first Part deals with General Customs, which include the Custom of the Realm and the Custom of Merchants. In Part II Particular Customs find place, and Part III deals with Customs as to the construction of Contracts. Part IV is headed Customs rebutting reputed Ownership in Bankruptcy, and Part V Usage independent of Contract. It may be our fault, but we do not quite follow the distinction drawn by the learned Author on page 199 et seq., between Usage and Custom, but perhaps in trying to unravel the confusion of terminology spoken of on page 13, he has made "confusion worse confounded." Apart from these criticisms this treatise undoubtedly possesses considerable merit, and we hope that its reception will be such as will encourage the Author to persevere in the production of legal literature. A History of English Law. Vols. II and III. By W. S. HOLDSWORTH, D.C.L. London: Methuen & Co. 1909. A complete history of English law has long been wanted, and something like six years ago Mr. Holdsworth showed in his first volume that there was a prospect of our desires in that respect being gratified. The large amount of work to be done, and the limited time the Author has had to give to it, have caused considerable delay in the continuation of the work. Instead of the one more volume originally promised, we now have two, and the work is by no means completed. The Author, while acknowledging this, does not say whether it is his intention to proceed with it. We sincerely trust he does, as the present volumes hardly get beyond the mediæval period on most subjects. The Author has had considerable difficulty in adjusting "the claims of a chronological narrative with the necessity of giving a connected account of various parts of legal doctrine." He has met the difficulty by adopting the chronological order in dealing with general history, and "neglecting" it when treating specially legal doctrine. Of recent years, great contributions have been made to legal history, both by the valuable writings of Professors Maitland, Pollock, Vinogradoff, Kenny, and others, and by the publication and editing of numerous records by the Selden Society and other bodies. All these contributions to knowledge Mr. Holdsworth has carefully examined and weighed, and, both in his Preface and at the conclusion of the third volume, he has made a graceful and eloquent acknowledgment of his indebtedness to Pollock and Maitland's History of English Law, and expressed the universal regret at the loss of Professor Maitland. The labour of the present work must have been enormous, as the references show. It is impossible for us to examine it here in detail, but we propose to give, shortly, an account of the contents of these two volumes. The second volume, Book I., begins with an account of what the Author calls "Anglo-Saxon Antiquities." The first part treats of the Sources and General Development, and the second part of the Rules of Law. It is worth noticing in the first part that Mr. Holdsworth disclaims the idea of there being any appreciable mixture of either Celtic or Roman elements in Anglo-Saxon law, and follows the latest opinions on this muchcontroverted point that the Law was mainly Teutonic. The second part deals with (1) The Ranks of the People—that is, the manner in which the Anglo-Saxons were grouped when they first came to England, and the subsequent modifications; (2) Criminal law and its gradual growth, from being only the affair of the injured party to the interest of the State being involved; (3) The Law of Propertywe find here much interesting information as to the Land law and |