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affected.” Part I. is again sub-divided into Division I. “Execution against the person," by attachment and committal; Division II. “Execution against property,” by fi. fa., elegit, writ of possession, writ of delivery, and, in the case of a beneficed clergyman, execution by means of the Bishop.
Part II. deals with attachment of debts, charging orders, equitable execution, and the writ of sequestration; and Part III. with the enforcement of judgment or orders considered in the first place with reference to the act directed by them to be performed, or to their prohibitory character, and secondly, with reference to the persons or bodies to whom they are addressed, and with reference to the Court or jurisdiction in which they are pronounced or made. Under this last head we find set out the methods of enforcing orders in Bankruptcy, in Admiralty cases, in Divorce and Matrimonial cases, and in Lunacy, Orders of Her Majesty in Council, and those of the Ecclesiastical Courts, and of the County Courts, and other Inferior Courts.
The general questions as to the issue of, execution of, and returns to writs, and the rights and liabilities of the Sheriff and other Executive Officers, are treated of in an introductory chapter, and the book appears to be a very complete manual of the subject with which it deals, well arranged, and accurate as far as we have been able to test it, and likely to be useful to the practitioner.
The notes contain references to all the Reports in which the cases cited appear, and there is an appendix of forms, statutes, and rules of Court. In addition to the tables of cases and statutes, there are also tables of the rules of the Supreme Court and of the County Court, and the index is full and complete.
It is only necessary to add that the type is very clear and good.
A Magisterial and Police Guide. By Henry C. GREENWOOD, Stipendiary Magistrate for the District of the Staffordshire Potteries, and TEMPLE CHEVALLIER Martin, Clerk at the Lambeth Police Court. Third Edition. Stevens and Haynes. 1890.
This now well-known work has already attained a third Edition. It purports to contain all the law relating to Magisterial Authority and Practice, together with the cases
decided in the Superior Courts to the end of the year 1889, including the session of 52 & 53 Vict. This bold assertion is very nearly, although not quite, warranted by the facts; for we notice, at p. 138, that the case of R. v. Collins is produced in all its glory, under the heading of “attempts to commit crimes,” without any suggestion being offered that this once important case was entirely overruled in R. v. Brown in November, 1889. As the latter case sweeps away a most mischievous principle of Criminal Law, the omission of the Editors to notice it must be considered grave. But as with mankind in general so is it with books, they seldom can claim absolute immunity from error. The many good points about this book more than atone for its unfrequent faults. An excellent Table of Cases will be found of great practical convenience to the legal practitioner, and although the amount both of matter and information has been considerably extended, the bulk of this valuable work has been carefully kept within reasonable limits.
The Way to Prove a Will and to take out Administration. By Almaric Rumsey, Barrister-at-Law. John Hogg. 1890.
Rights to Administration in Rhyme. Shaw and Blake. 1890.
Mr. Rumsey has been encouraged by the reception which his previous manual, Will-Making made Safe and Easy, met with, to come forward with another of the same character, embracing Probate and Administration. His present subject seems to be one which has been considered to have a poetic side, judging by the Rights in Rhyme, which we have also received, and which may remind us somewhat of the celebrated verses :
“ The man that is seized of an Estate in fee
'Tis his and his heirs' for ever." Mr. Rumsey has shewn his usual diligence in working out, often in itself a matter of considerable difficulty, and even, after all, perhaps of some doubt, the question of the cases, which are, or appear to be, exempt from Probate. Some of these cases would probably not be of much practical utility. An officer in the Royal Navy, or in the Army, usually, it may be hoped, leaves
estate of more than £ 50, the limit of 11 Geo. IV. & I Will. IV., C. 41, s. 5, and of 27 & 28 Vic., c. 36, s. 3,
though, no doubt, the Services are not Professions in which fortunes are often made. The tables of District Registries, which Mr. Rumsey has thrown into alphabetical order, will be found of no small use to others than persons seeking to prove a will.
a will. They would be very helpful, for instance, to the Genealogist, whose wants are not by any means exhaustively met by Somerset House, and who is often at a loss to know what are the District Registries which would be likely to contain wills of use to his investigations. Mr. Rumsey pays due attention to the principal heads which may be denominated special, though, of course, his limits require brevity of treatment, and whenever it appears to him that professional advice should be taken he recommends that course. Cases of Foreign Domicile, for instance, often bring to the surface the conflict of Laws, as in the recent case of In the Goods of Dela Rue, 63 L.T. 253. We conceive that Mr. Rumsey's handy little volume may well be of use, as he hopes, to various members of the community, such as country parsons, who are often almost obliged to act in various mundane capacities for their poorer parishioners, and likewise to country solicitors, who are often called upon in a hurry, and cannot carry a library in their pockets. Some of these persons may also like to have a set of Mnemonics, and, if so, they can repeat to themselves what happens when
"Jack" dies a Bachelor without a Will,
Had “ Jack" a widow living still
She'd have a prior right to “Bill : " and so forth, until they reach the point where “all kindred ceases."
The Laws of Insurance : Fire, Life, Accident, and Guarantee. JAMES Biggs PORTER, of the Inner Temple, Barrister-at-Law, assisted by William FeildEN CRAIES, of the Inner Temple, Barrister-at-Law. Second Edition. Stevens and Haynes. 1887.
The measure of success which attended the publication of the first edition of this compendium has induced the authors again to court Fortune's favours, and they have produced a volume which bids fair to become a leading text-book on the
subject. The authors have added over 160 decided cases, which have been lately reported in the Authorised Reports of England, Scotland, Ireland, the Colonies, and America, and, moreover, there are other indications, not a few, that the writers have attempted to keep apace of the ever ebbing waves of Time. The book will prove useful to many, and we recommend it to the Profession.
Employers and Employed, being (1) an Exposition of the Law of Reparation for Physical Injury; (2) the Employers' Liability Act (1880), annotated with special reference to decisions in England and Scotland; and (3) suggested Amendments of the Law as to the Liability of Employers. With Appendices and Indices. By WALTER Cook Spens, Advocate, Sheriff-substitute for Lanarkshire; and Robert T. YOUNGER, M.A., LL.B., Advocate. Glasgow. James Maclehose and Sons, Publishers to the University. 1887.
The distance from Glasgow to London is a long way for a law book to travel, and comparatively few accomplish the journey. To have done so, even though a considerable time has been taken in the transit, is a piece of undeniable commendation that must weigh greatly in arriving at an estimate of the value of the book which has performed the feat. The credit of this achievement must be given to Messrs. Spens and Younger's production. It is to be found in some at least of the libraries of the Inns of Court, and is consulted and deserves to be consulted more than most of its competitors.
As a repertory of decisions, Messrs. Spens and Younger's work is of the greatest value. We believe that it contains references to more cases than any other treatise going over similar ground. It is not, as most text-books now are, a more or less artistic stringing together of head notes in a series, but contains acute criticisms on many debatable points, and continually forces on the reader the observation that it is the work of a capable and experienced practical man, with most distinctly, as the phrase goes, "a head for law." But bearing in mind the undoubted knowledge and capacity of the chief author, and this his work never allows us wholly to lose sight of, and applying a standard on a level with the faculties he shews us that he possesses, we must, on the whole, pronounce
this work a most disappointing and inartistic performance. Its practical value as a treatise for the practitioner is a wholly distinct matter. For anyone with a case to get up we know no better book. All the reported decisions are to be found somewhere between the covers-most of them two, or even three times repeated. For example, the class of cases of which Grant v. Drysdale is an instance, is canvassed three separate times (pp. 99 et seq., 314, 467), besides being twice noted in its connection with the Act at pp. 109 and 297. Opinions, and these most often judicious, are distinctly expressed where there are no decided cases authoritatively to illustrate the law, and where cases apparently conflicting exist, the authors have the rare merit of never leaving the reader in doubt as to their opinion of the respective merits of the decisions, while cognate points are illustrated by a mass of information not often collected in a practical treatise. Judged, however, by the standard which Mr. Spens' obvious ability warrants us in applying to his work, it does not take high rank; indeed, it cannot be called so much a book as materials for a book materials tossed in anywhere, without order or sifting, abounding with vexatious repetitions, and in some cases being mere magazine or newspaper clippings, or if not these, excerpts of neither higher authority nor value than these.
The matter is distributed into five parts. The first deals with the liability of employers to the public (pp. 1–41). Part II. deals with the Common Law Liability of Employers to their Servants. Part III. discusses the Law as altered by the Employers' Liability Act. Part IV. is Mr. Younger's individual contribution on the same topic, and is necessarily largely a repetition. The scope of Part V. is thus indicated by its author at p. 338:—“I propose in this section to discuss numerous subjects which arise in connection with the answer to the following question : – What alterations should be made the present law in the light of experience afforded by the working of the Employers' Liability Act ?" There is then an Appendix, and an Index, which, strangely enough, goes
further than to p. 329, thus leaving 260
pages of the
book wholly un-indexed. The same observation applies to the Table of Cases. From p. 467 to the end of Part V. there are repeated discussions of and reference to cases which the author must have believed were of importance and interest, yet no reference to any one of them is in the Table of Cases. The disadvantages