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The volume is well equipped with prefaces and introductions of brief character and the work of translation from the French original has been admirably done by the Rev. Henry P. Horton of Ithica, N. Y., whose sociological interests have made him a sympathetic and understanding translator, something to be much desired in work of this character. An exceedingly thorough and comprehensive bibliography and a fairly good index will be found at the close of the volume.
Vicarious Liarility. The History of the Liability of Employers, Principals, Partners, Associations and Trade Union Members, with Chapters on the Laws of Scotland and Foreign States. By T. Baty, D. C. L., LL. D. Clarendon Press, Oxford. 1916.
This is a type of scholarly legal historical essay, fortified by references and citations of cases, for the production of which English lawyers are justly famous. The author of this volume, Dr. T. Baty, is already known for his contributions along lines of law and political science and has added to his reputation by this timely and interesting discussion of vicarious liability. The title suggests the nature of the contents of this small volume which deals historically and contemporaneously with the principles and application of the law of the liability of masters, corporations and other employers and principals for the wrongdoings or torts committed by individual servitors or members of associations or societies.
A brief, discriminating preface points out that "the present day discussion of the question of the liability of Trade Unions is hampered by the constant and unwarranted implication that liability on the part of principals and employers for the wrongful acts of those who are employed by them is a sort of natural law." That such an assumption is wrong historically and legally is Mr. Baty's thesis which he proceeds to develop and support in ten interesting chapters. The discussion begins with the history of vicarious liability in England for which the author finds no solid legal foundation before the time of Lord Justice Holt at the close of the 17th and beginning of the 18th centuries whose decision in the famous case of Hern v. Nichols was the cause of subsequent misinterpretation and poor law in regard to the liability of principals for the actions of agents. So fast did bad law develop that by 1765 Blackstone wrote "If a servant by his negligence does any damage to a stranger the master shall answer for his neglect" as if, observes Dr. Baty, "that had been the glory of English law per saecula saeculorum." The author's judgment is that "the liability in tort constitutes a gigantic inverted pyramid whose apex is nothing but nisi priua dicta."
Dr. Baty's iconoclastic viewpoint as to the law of vicarious liability ill modern times as a false and mushroom growth is skillfully developed in chapters on the liability for agents and partners; for coadjutors, managers of associations, and underservants; as well as for servants proper. There are also chapters on corporations and quasi-corporations as masters; deliberate trespass of servant; fraud of servant and liability to bailors; scope of employment; and justification in morals. One supplementary chapter deals with the law of Scotland and foreign states in rather summary fashion, another with vicarious criminal liability. The usual lists of authorities, cases, statutes, and an excellent index complete this compact volume. Dr. Baty is to be congratulated for having produced such an interesting and readable little treatise, which cannot fall to stimulate thought in the direction of law reform. The author's remarks on the history of the law of vicarious liability in the United States (pp. 181197) are especially stimulating and ought to be read and pondered over by American practitioners and teachers of law. In general it appears that we have pursued a more rational course than Great Britain in spite of our inheritance from Bracton and the influence exercised by Story.
The Law Of Promoters. By Manfred W. Ehrich, of the New York Bar. Matthew Bender & Co., Albany, N. Y. 1916.
The importance of this new volume on promoters and the law connected with promoters can be seen from the fact that no special work on promoters' law has been published since 1898, whereas the activity cf promoters has increased enormously and legal problems connected with their operations have become correspondingly greater in importance. There are so many special and complicated questions in connection with the activity of promoters that a volume such as this has great value both for students of law and practitioners.
Mr. Ehrich has handled his subject well from the standpoint of practical information, clear organization, and elaborate citation of cases. The first three chapters deal with the law in regard to promoters in general, and the promotion of corporations on the basis of previous agreements. Then we have a consideration of the law in regard to contracts made for the corporation by its promoters, a long and important chapter, followed by briefer chapters on promoters' expenses, and secret and lawful profits. Promoters and corporations not infrequently have fallings out which are brought into court, consequently Mr. Ehrich has given chapters to the discussion of promoters' defenses to suits by corporations, using very specific cases, and to the remedies of the corporation and suits by or on behalf of the corporation. Attention is also bestowed on the promoter's liability for false representation, a new and interesting phase of the law of liability, and to the personal remedies of stockholders, defenses of suits by individual stockholders, and the measure of recovery possible In case of fraud and false representations. Then there is an interesting short chapter on the criminal liability of promoters under American and English law, a discussion of vendors of property and their relation to the promoter, and of the rights and liabilities of promoters inter se. The volume concludes with chapters on reorganization and consolidation of companies and corporations in connection with promoters and abortive or unsuccessful efforts at promotion.
It will thus be seen that the present work is exceedingly comprehensive and practical and calculated to be of direct service to the practitioner as well as to the student of law. Over two thousand cases are cited in the text and notes and listed in the Table of Cases. There is an excellent Table of Contents and a fairly good Index, which would be better and more serviceable were main headings more numerous and the sub-heads arranged in some sort of order either alphabetically, which would be best, or in order of appearance in the text. The indexing of law books should be done scientifically and not in a haphazard manner, as a good alphabetically constructed index is a great time saver.
Essentials Of Veterinary Law. By Henry Bixry Hemenway, A. M., M. D. T. H. Flood & Co., Chicago. 1916.
This is a quasi-legal treatise by a specialist in public health and sanitation and has been written to meet the special need of a textbook on veterinary law in veterinary schools and agricultural colleges and the general need for a manual of information of veterinarians, scientific farmers, breeders and others who have to do with the care of animals and need accurate knowledge of the legal duties, responsibilities, and limitations of authority in such lines. Thus Dr. Hemenway's viewpoint is comprehensive and varied and the manual he has produced in full of all sorts of useful information and advice backed by legal usage and decisions of the courts. •
Part I of the volume consists of two chapters on Legal Principles, the first of which deals with general principles of law and government and the second with police power, "due process," and nuisances. Part II has three chapters on Veterinary Practice in relation to the law and is the most valuable portion of the whole work as regulation, liabilities, and compensation are fully dealt with. Part III is devoted to Governmental Control in relation with veterinary and live stock interests and is of public importance and significance. Part IV has two chapters devoted to Animals Generally dealing with their ownership and bailment. Some six hundred cases are cited in the notes and in the Table of Cases and there is a well constructed Index arranged in scientific alphabetical way.
On the whole this volume is to be commended as filling a need for a comprehensive textbook or manual for veterinary law.
American Annotated Cases. Containing the Cases of General Value and Authority subsequent to those contained in American Decisions, American Reports, and the American State Reports. Thoroughly Annotated. Volume Ann. Cas. 1916. B. Bancroft-Whitney Co., San Francisco, and Edward Thompson Co., Northport, L. I., N. Y. 1916.
The current volume of this monumental and invaluable work covers recent cases of importance to American practitioners. Particular attention might be drawn to the cases involving master and servant, workmen's compensation, municipal corporations, and negligence.
As usual the work is elaborately indexed so that it is easy to find a particular case or example. Several very interesting English and Canadian cases are cited and over a dozen long and important cases involving liability of railroads and other corporations for negligence or non-conformity to law are cited. With such a voluminous number of cases before one, it is impossible to particularize, so that it will be sufficient to point out that nothing of value in recent decisions has been overlooked in this volume.
The Law Of Automoriles. By Xenophon P. Huddy, LL. B., of the New York Bar. Fourth Edition by Howard C. Joyce. Matthew Bender & Co., Albany, N. Y. 1916.
A new edition of Huddy on Automobiles is timely since the last one bears date 1912. With the increased use of motor-driven vehicles a work of this character becomes necessary and should be strictly up to date. Mr. Joyce fulfilled his editorial duties with considerable success and comprehensiveness so that we have a chapter on "Jitneys" and one on "Insurance" added, while the work as a whole has been brought down to date. The profession is thus supplied with a thoroughly up to the minute reference work citing some fifteen hundred cases relevant to automobiles. While the Table of Cases is well arranged the Index must be criticised for its unscientific arrangement of subtopics. Under Automobile there are some thirty-five subtitles which should have been arranged alphabetically. This is also true of Chauffeur, Definitions, Driver and many other index titles. The publishers should pay more attention to scientific indexing of law books and use the new alphabetical method.
A Treatise Of Federal Criminal Law Procedure With Forms Of IndictMent And Writ Of Error And The Federal Penal Code. By William H. Atwell, ex. U. S. Attorney, Dallas, Texas. "T. H. Flood & Co., Chicago. 1916.
The first edition of this manual was published some five years ago and filled a useful purpose as a guide to less well prepared and inexperienced practitioners and as a convenient work of reference for others. The author is a well known Texas lawyer whose experience and study of Federal Criminal Law Procedure are reflected in this compilation. Jt is unfortunate that the present edition is not better equipped with reference conveniences. The Table of Contents has no pagination opposite the topics and sections while the general index to the work leaves much to be desired in the way of fullness and clearness. The special index to Federal Penal Code is much better.
Atwell, Federal Criminal Law, 2nd ed. T. H. Flood & Co., Chicago. 1916.
American Annotated Cases. Ann. Cas. 1916 B. Bancroft-Whitney Co., San Francisco. 1916.
Baty, Vicarious Liarility.- Clarendon Press, Oxford. 1916.
Bonder, Criminality And Economic Conditions. Little, Brown & Co., Boston. 1916.
Ehrich On Promoters. Matthew Bender & Co., Chicago. 1916.
All communications for the editor should be sent to
John D. Lawson,
14 South Broadway,
St. Louis, Mo.