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the systems of cultivation; (4) Family law; and (5) Procedure. Book II-The Medieval Common law includes the whole of the rest of these two volumes. It is divided into two Parts like Book I. Part I is entitled "Sources and General Development," and has four chapters. Chapter I covers the period from the Conquest to Magna Charta--" the beginnings of the Common law." It describes in a very interesting manner the European and English influences which affected the growth of the Common law, and gives information as to such subjects as the Domesday Book, the Pipe and other Rolls, Glanvil and Magna Charta. The second chapter traces the progress of the Common law during the reign of Henry III, and treats in considerable detail of the works and influence of Bracton. The third chapter deals with that important period of legal history, the reign of Edward I, and points out how the rise of Parliament and the growth of the legal profession shaped the development of the Common law. (2) What the principles of the Common law were. It is interesting to note how the procedure by way of appeal in criminal cases was being attacked by the indictment on one side and by the action of trespass on the other. This latter both led to the creation of misdemeanours and became "the fertile mother of actions." Although the procedure of appeals then showed marked signs of decay, yet appeal of murder was not finally abolished till 1819. The fourth and last chapter describes "the working and development of the Common law" during the fourteenth and fifteeenth centuries, and it represents a very "curious combination of legal development with political retrogression." The first subject is that of Parliamentary Records and Statutes. In noticing how much a man's life in those days was regulated by statute, and how archery was compulsory, Mr. Holdsworth makes the following observation which we should like to call attention to:-" Here, too, some few of us are perhaps nearer to the medieval point of view than our ancestors of the last century; for there are some who dream of a state of society in which a portion of the leisure of the citizen shall be devoted to exercises necessary to make him, if need be, an efficient protector of his State." The latter part of the chapter should be of especial interest to lawyers, as it relates to the rise of the legal profession, the Year Books, and the lawyers. There are interesting accounts of Fortescue and Littleton. The third volume contains Part II of Book II-Rules of Law-and almost half of it is taken up by an account of the complicated system of Mediæval

Land law.

It contains a full description of those Real Actions which did so much to settle the leading divisions of our present law of property. The different tenures and their incidents are set out, and it is traced in an interesting manner how the tenures which were once of a social and political importance became at last only incidents of private ownership. There is also an important chapter showing the relationship and development and separation of Crime and Tort. Space will not permit us to continue our very scanty and imperfect reference to a few of the principal subjects discussed in this learned work, but we hope we have said enough to induce our readers to consult it for themselves.

Ruling Cases. Vol. XXVII. (First supplementary volume). By R. CAMPBELL, M.A., with American notes by J. T. KEEN. London Stevens & Sons. 1908.

Mr. Campbell's valuable collection of Ruling Cases was concluded in 1902, and the present supplementary volume contains a considerable number of additional notes, both on English and American law, to many of the cases. It also contains some summaries, including a Summary of the American Law on Bailments; a Summary of the American Law on Carriers; a Summary of the English and American Law on Defamation and the American Law on Interference with Contract. A small number of new Ruling Cases have been added, but some of them are very important, as they include Quin v. Leathem; Colls v. Home and Colonial Stores; Walter v. Lane, and Edinburgh Street Tramways Co. v. London County Council, and Taff Vale Railway v. Amalgamated Society of Railway Servants. It is rather curious that there seems to be no reference to the Trades Dispute Act 1907 in connection with this last case.

ROSCOE. London :

Damages in Maritime Collisions. By E. S. Roscoe. Butterworth & Co. 1909.

Mr. Roscoe thinks the time has come when the law relating to Damages caused by collision at sea should be stated "systematically and at length." He accordingly proceeds to do so, not at very great length, but fully and clearly. A valuable addition to the account of the English law is M. Leopold Dor's study of the Law of France and Dr. Schroeder's and Mr. John A. Spen's contribution on the German and Scotch Law on the same subject. An addition

of considerable use to the Admiralty practitioner will be the Unreported Cases and Registrar's Reports in the third part. The reasonableness of the Admiralty Rule as to damages when both ships are in fault is considered with some detail, and it is pointed out that though it cannot be justified in theory, yet it is one of extension and limitation; and he is of opinion that the practice had no particular origin, but "gradually crystallised into a rule towards the beginning of the eighteenth century by reason of the fact that it appeared to be one which was equitable and just."

The Digest of Justinian. Vol. II. By CHARLES HENRY MONRO, M.A. Cambridge: The University Press. 1909.

The first volume of this translation appeared in 1904. Between then and now the translator has died, and his lamented death has made an appreciable gap in the modest phalanx of students of Roman law in England. The work was at the death of the author in so forward a state that in the capable hands of Mr. W. W. Buckland the editing and revising has not been a very onerous matter. This volume contains Books VII-XV. It is not stated whether a completion of the Digest is to be expected. The translation, as was stated in the Law Magazine and Review in a notice of the previous volume in 1904, is as accurate as is possible, there being perhaps a tendency to translate untranslateable words, such as the rendering of leges regiae by "royal statutes," and of quaestiones by "questions."

The English Reports, Vols. LXXII to XCV. King's Bench Division, 1-24. Edited by M. A. ROBERTSON and S. ELLIS. Edinburgh William Green & Sons. London: Stevens & Sons.

Since we last reviewed the progress of this monumental work, a good beginning has been made by the Editors with the Common law reports. The most miscellaneous of the volumes are LXXX, in which are found collected the reports of Yelverton, Hobart, Davis, Ley and Calthrop, and the first two volumes of Bulstrode: and LXXXII, comprising W. Jones, Latch, March (N.C.), Style, Aleyn and Siderfin. On the other hand, the Modern Reports cover two volumes, LXXXVII and LXXXVIII. Bellewes' compendium of various Norman-French abridgements of the time of Richard II commences the reprint. Then a long leap takes us out of mediaval times, and under the guidance of Croke, we explore Keilway's notes with references-Jamais uncore imprimés—of cases temp. Henry VII

and VIII, with a few of Edward le Tierce. And so to the " cases collect and report per Sir Fra. Moore, Chevalier, Serjeant del Ley," where English begins to creep in, and which end with "Le case del Union, del Realm D'Ecosse ove Angleterre "-a cause of some magnitude.

Calthrop's reports concern the customs of the City of London (he was Recorder). They contain the Articles of the Wardmote inquest and other regulations in the nature of bye-laws. Ley's are of the Courts of Wards and Liveries (he became Earl of Marlborough). Davis' cases are early Irish State trials. Barnes' consist of practice cases; he was a secondary, as Gouldsborough was a protonotary.

In Styles' Reports (24 Car. I), the Court is seen terribly puzzled by a faulty declaration in trover. The plaintiff wanted damages for conversion de duobus castoribus--Anglicè hats, whereas castor is not a proper word for a hat." He had also claimed de uno servitio argenteo, Anglicè one silver salt, whereas the proper word was salinarium: and de duobus catenis, Angl. two silver dishes, "which is no word for a dish, much less a silver dish." "Let the judgment here be stayed," said Roll, J., "for we will advise." In Skinner's Reports (9 Gul. III) occurs an interesting decision that the Inner Temple is not a sanctuary. The argument to the contrary (in Brown and Borlace) was based on the privileges of the Order of the Templars "which had the most ample privileges of any knights in Europe." If, however, the Temple was not within the City, it certainly was within the County of London, said Holt, C.J. And though a due regard was to be paid to the Inns of Court and to the members of them in respect of arrest and execution, no such privilege could be extended to strangers.

The industry and devotion of the Serjeants as reporters of the law they served is noticeable. Salkeld was a serjeant; so was Barnardiston; so were Carthew, Rolle, Benloe, J. Croke (ed. Keilway), Moore, and Wilson.

There is perhaps no better storehouse of information on manners and customs than old Law Reports. The personal equation is eliminated; the writer is not aiming at being graphic; the facts are accurate; the events relate to no special stratum of society.

Every case reported in this reprint is reproduced in full, verbatim et literatim. Everything redundant, such as prefaces, is omitted. Subsequent cases are carefully noted. In short, the publication keeps up its renown as a perfect library of Case law; no higher compliment is needed.

Second Edition. A Digest of Equity. By J. ANDREW STRAHAN, M.A., LL B., and G. H. B. KENRICK, LL.D. London: Butterworth & Co. 1909.

It would be hard to find two lawyers better qualified to write a treatise of this nature than Messrs. Strahan and Kenrick. A work primarily intended for students, the wide experience of each as examiners, the first in Equity and the second in Common law, peculiarly qualifies them for knowing what difficulties beset the beginner who wishes to pass an examination. In the present edition, as before, Mr. Strahan is responsible for Books I, II, and section 6 of Book III, while Mr. Kenrick has undertaken the first five sections of Book III. The work has been very largely recast and three new Articles have been added, thus bringing it entirely up to date. The first Book deals with the "Jurisdiction of Chancery." Here we have set out the history and evolution of the principles which constitute Equity. Book II takes us through the whole gamut of "Equitable Rights," which again are divided: "Equities to protect confidences," "Equities to promote fair dealing," and "Equities to prevent oppression." This wide range of subjects is treated of in a scholarly and erudite fashion, and in simple form easily understandable by the student. "Equitable Remedies" fills Book III, and here such important subjects as "Specific Performance," "Injunctions," and "Administration of Assets," find their place. In each case the Article enunciates in plain, simple form a principle of law, which in its turn is annotated, and the foundations of important decisions thereon elucidated. The Index is concise, and presents an excellent key to the text; full and complete Tables of Statutes and Cases are also supplied. We feel satisfied that this book, covering as it does a wide field of research, may be safely recommended to the student of Equity who has not yet reached the stage of being able to grasp more than fundamental principles which, when grasped, will equip him for a more profound study of the subject.

Second Edition. Precedents of Conditions of Sale. By F. E. FARRER and T. P. LAW. London: Stevens & Sons. 1909.

This is a treatise of conspicuous ability, both as regards the matter and method of arrangement. The text is simple and devoid of ambiguous technicality of language, making it a work useful alike to

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