Page images
PDF
EPUB

well to produce an analysis. This will be of considerable assistance to students. The style is clear, the matter is good, and the book is not overburdened with references.

Fourth Edition. Thomas' Leading Cases in Constitutional Law. By C. L. ATTENBOROUGH. London: Stevens & Haynes. 1908.This new edition does not contain any additional leading cases, but a certain number of new cases such as R. v. Lynch and Ex parte Marais are noted. The cases seem well selected for the use of students, are very shortly and clearly put, with sufficient notes and citations to give such information as may be required. We have noticed what looks like a slip in Note VI, “On the liability of Governors and Viceroys." After citing R. v. Eyre, the sentence goes on to say, “and it has since been held that the above-mentioned statutes apply only to mis-demeanours and not to felonies.” The case cited in support of this is R. v. Shawe, which was decided in 1816, whereas R. v. Eyre was decided in 1868.

Eleventh Edition, Redgrave's Factory Acts. By C. F. LLOYD. London: Butterworth & Co. 1909.-Since the last edition of this valuable work, The Factory and Workshop Act 1907, the Notice of Accidents Act 1906, and the Employment of Women Act 1907, have become law: and there have been further Regulations for Dangerous Trades, and Special Orders. Therefore a new edition is clearly justified. The book is so well known that little description of its contents is required. An admirable historical sketch is given in the Introduction, showing the course of legislation from the Act of 1802 to the consolidating Factory and Workshop Act of 1878, and the later consolidating Act of 1901. The Introduction further deals with the Effect of Factory Legislation, the workpeople to whom the Act applies, and epitomises the Act of 1901 and the subsequent legislation. The corpus of the book sets out the text of the various Acts with very full and good notes, and the latest Case law. The latest regulations are included. The Table of Cases and Index leave nothing to be desired, and altogether the book is a most excellent production.

Forty-sixth Edition. Every Man's Own Lawyer. By a Barrister. London: Crosby Lockwood & Son. 1909.-Owing to the immense amount of important legislation during the year 1908, a most extensive revision of this book has been rendered necessary. To mention only a few statutes, such as the Old Age Pensions Act, the Coal Mines Regulation Act, and the Agricultural Holdings Act, it will be apparent how much revision will be required in order to incorporate them into all parts of the text. Many people wax humorous when discussing the merits of Every Man's Own Lawyer, and one often hears it described as the “ lawyer's friend ”; but of one thing there is no doubt, and that is, it gives in a handy form, without technicalities, the law applicable to the petty details of daily life. Regarded from that standpoint, it undoubtedly tells the worried householder, doubtful business man, or the tax-payer, a dozen little things he does not think it worth while consulting his solicitor about and otherwise leaves to chance. How many a man who has not thought it worth while seeking expert advice has found himself landed in heavy loss! Whether he will get the equivalent by consulting this work is a moot point; but he will, by doing so, often be warned that there is a pitfall in front of him, the presence of which must not be disregarded.

CONTEMPORARY FOREIGN LITERATURE.

Étude sur le Premier Ministre en Angleterre. By Dr. MARCEL SIBERT. Paris : 1909.

This most original and valuable study traces the evolution of the office of Prime Minister from Clarendon to Mr. Asquith. The earliest approach to the name appears to be the "prime man” of “Henry VIII,” Act III, sc. 2. The phrase "prime minister” is, as far as Dr. Sibert's researches have led him, first used in Colbatch's Account of the Court of Portugal (1700). It is only quite recently that the title has obtained recognition co nomine with a definite rank in political precedence. Dr. Sibert favours the referendum as a means of determining questions of a certain kind, but he does not mention its adoption by Parliament in the schedule to the Commonwealth of Australia Act. A comparison with the position of the Prime Ministers of France, Italy and Belgium is instructive. The bibliography is excellent.

PERIODICALS.

Journal du Droit International Privé. Nos. V, VI. Paris : 1909.--The legal effects of the Messina earthquake are treated at p. 697. They are chiefly moratorium in contracts and rules of evidence where documents had been destroyed. Mr. E. J. Schuster compares the English and German law of cheques. The latter system ignores crossed cheques, allowing only the somewhat cumbrous alternative of writing on the instrument Nur Zur Verechnung (p. 709). France will not admit the levirate in an alleged marriage of Tunisian Jews (p. 757). Brazil knows both the phrase and the remedy of habeas corpus (p. 832). Denmark does not directly give effect to foreign judgments, except those of Swedish Courts under a treaty of 1861. But the same result is practically obtained by the party entitled to the advantage of the judgment bringing an action not on the judgment but on the original cause of action and giving the judgment in evidence.

Zeitschrift für Internationales Privat- und Öffentliches Recht. Vol. XIX, parts i -3

Leipsic: 1909.-The most interesting articles are on limitation of actions in the United States and on pacific blockade (Friedens-blockade) by Dr. Falcke of Barcelona. To the latter is appended an exhaustive bibliography, beginning with a rare South American work, Los cinco errores capitales de la intervencion anglo-francesca en la Plata (Montevideo: 1849). There is a review of a work on Criminal law by a judge bearing the historic name of Mendelssohn-Bartholdy, of Wurzburg.

Deutsche Juristen-Zeitung: 1 April—-15 June. Berlin : 1909.Roman law is recalled by the additions to the Code being called Novellen (p. 597). Rectification of a will by the Court, impossible in England, seems according to one view possible in Germany (p. 426). The name of Dr. Mendelssohn-Bartholdy appears again as the writer of an article advocating reform in the English bankruptcy law, with special reference to the Report of the Board of Trade Committee of last year.

La Giusticia Penale. 18 March-10 June. Rome : 1909. – Where a dramatist writes and produces a play which is a rappresentazzione abusiva of a dead rival, the daughter of the deceased may

A con

appear as parte civile (p. 335). A man cannot be convicted of carrying a gun without a licence if there be no mens rea. viction was therefore quashed on cassation where the gun had been used for shooting down a wolf which had seized a sheep belonging to the accused (p. 371). One defendant cannot without the consent of his co-defendants defer the oath to the prosecutor (p. 404). There are several decisions on the special local law of pascolo abusivo in Sardinia.

JAMES WILLIAMS.

Books received, reviews of which have been held over owing to want of space : -Leake on Property in Land; Halsbury's Laws of England, Vols. l'II S I III; Anson's Law and Custom of the Constitution ; Lely and Aggs' Agricultural Holdings; Ashburner's The Rhodian Sea-Law; Clerk and Lindsell on Torts ; Dobson's Death Duties ; Annual Statutes, 1908; Lawes' Law of Compensation for Industrial Diseases ; Tomlin and Uthwatt's Supplement to Lindley on Partnership; Freeman's Guide to Solicitors' County Court Costs.

:

Other publications received :-Hodgins' Prerogative right of revoking Treaty Privileges (Carswell Company, Toronto); Briefs (Waterlow & Sons); K'ime's International Law Directory, 1909; Humane Review ; Reports of the American Bar Association, Vol. 33 ; Beven's The House of Lords on the Law of Trespass ; Butterworths' Quarterly Digest ; Bryan's Development of English Law of Conspiracy (Johns Hopkins Press, Baltimore).

The Law Magazine and Review receives or exchanges with the following amongst other publications :- Juridical Review, Law Times, Law Journal, Justice of the Peace, Law Quarterly Review, Irish Law Times, Australian Law Times, Canada Law Journal, Canada Law Times, Chicago Legal News, American Law Review, American Law Register, Harvard Law Review, Case and Comment, Green Bag, Madras Law Journal, Calcutta Weekly Notes, Law Notes, Law Students' Journal, Bombay Law Reporter, Medico-Legal Journal, Indian Review, Kathiawar Law Reports, The Lawyer (India), South African Law Journal.

« PreviousContinue »