Page images

Law. The subject must have been a congenial one, combining as
it does Law and Literature. The result is a clear and most interest-
ing sketch, enlivened by touches of characteristic humour, such as
"after first publication the British author usually disappeared, or if
he did reappear it was in the pillory.” “If you do not want to be
a 'penny poet' or to be floated down to posterity as a 'Camelot
Classic,' bequeath your copyrights to Oxford or Cambridge, and the
chances are neither you nor your books will ever be heard of again.”
Mr. Birrell points out the amendments he considers necessary in the
present Law of Copyright. The most important of these are, that
copyright should be granted for all an author's works, irrespective
of the dates of their publication, for his life and a fixed term after
his death; and that protection should be extended to abridgements,
translations, dramatizations, and lectures. There is also much that
is interesting on the subject of International and Colonial Copyright.

[ocr errors][ocr errors]

The Law of Principal and Surety. By S. A. RowLATT, M.A.
London : Stevens & Haynes. 1898. Pp. 350. Price 16s.

Mr. de Collyer's excellent work on this subject is well known, and
we are not sure that another book on the subject was required; but
Mr. Rowlatt has evidently devoted much ability and industry to his
treatise. He is severely business-like, and plunges straight into the
heart of his subject without any historical or other introduction.
Conciseness, though a great merit, can sometimes be carried too far,
and Mr. Rowlatt has sometimes stated both his principles and
illustrations so concisely, as to make them hard to follow. Besides
the English cases, he cites a number of American and Irish authorities,
and does his best to assist his readers by giving his opinion boldly
on unsettled points. He has made a curious slip in omitting all
mention of the Partnership Act of 1890, although that Act repeals
sec. 4 of the Mercantile Law Amendment Act of 1856, and also
deals with the power of partners to bind the firm, both of which
points are discussed. The proper procedure to enforce rights for or
against sureties is scarcely touched on.

[ocr errors]

Practice on the Summons for Directions with Rules and Forms.
By FRANCIS A. STRINGER. London : Sweet & Maxwell. 1899.
Pp. 152. Price 55.

Mr. Stringer considers Order 30 as “a qualified success and a
qualified failure ;" but it would seem to be mostly the latter, because

its restricted success “has been purchased at the cost of increased expense without any material counterbalancing advantage in all Probate Actions ; in nearly all Chancery Actions; and in the majority of Queen's Bench Actions which go to trial.” The main causes of its comparative failure are that it does not harmonize with numerous other unrepealed rules, and that owing to the action of the Court of Appeal, there are very few decisions on it to report. Many important points which must arise under it are very doubtful, and we can only recommend those who doubt to refer to Mr. Stringer's work, where, if they do not always find authority for the opinions given, they will at any rate find much reason.

most space.

Ruling Cases Arranged, Annotated, and Edited. By ROBERT CAMPBELL, M.A., with American Notes by IRVING BROWNE. London : Stevens & Sons, Ltd. 1899. Vol. xvi. MAN-MIS.

This volume is almost entirely devoted to Marriage, Master and Servant, and Mines; of which the last takes up considerably the

There are only two cases selected to illustrate the law of Marriage, namely, Dalrymple v. Dalrymple, and Reg. v. Millis; it is interesting to note that the latter decision has not met with much approval in America. The most important case given under Master and Servant is naturally Allen v. Flood. We must here express our regret at the death of Mr. Irving Browne, the learned editor of the American Notes, which form so interesting a feature of this publication. This volume is produced and edited with the same scrupulous care that distinguishes the previous issues.

The Law of Inebriate Reformatories and Retreats. By WYATT PAINE. London: Sweet & Maxwell. 1899. Pp. 226. Price 6s.

Mr. Paine has brought out his work opportunely, as the regulations under the Act of 1898 are now, we believe, in force, though we do not know whether any State Inebriate Reformatories have been established or in process of being so. The Statutes on Inebriety from 1879–1898 are here arranged, consolidated, and annotated in a very useful form, and there is an interesting introduction in which Mr. Paine discusses the physiological and criminological consequences of drunkenness.

A Handbook for Justices of the Peace at Quarter Sessions. By CHARLES ILIFF SIMEY, B.A. London. Waterlow & Sons.

This little book pretends to be nothing more than it is, a handbook giving information as to the constitution, jurisdiction, and powers of Quarter Sessions, and the course of business before them. It is clear and correct as far as it goes, and should prove useful to members of the quorum.

It contains a useful table of the offences triable at Quarter Sessions with their punishments and special incidents.

The Law of Partnership. By ARTHUR UNDERHILL, M.A., LL.D. London : Butterworth & Co. 1899.

This book contains six lectures delivered by Mr. Underhill at the request of the Council of Legal Education. They set out in clear and emphatic language the most important principles of the law of private partnership. Mr. Underhill deals somewhat severely with Bovill's Act, and considers that some litigation may yet be necessary to settle the precise meaning of s. 2 of the Partnership Act, 1890.

The American Corporation Legal Manual, Edited by CHARLES L. BORGMEYER, Plainfield, New Jersey : The Corporation Legal Manual Company. 1899. Vol. vii. Pp. 1238.

This work, which seems to be an annual one, was reviewed at some length in our May number of last year. It seems to be a useful work of reference for American Company Law, and to contain much information on the patent trade-mark and copyright laws of pretty well the whole world. The facility of reference to it is much diminished by the very small type it is printed in.


Second Edition. American and English Encyclopedia of Law. Edited by David S. GARLAND, and LUCIUS P. McGee under the supervision of JAMES COCKCROFT. London: C. D. Cazenove & Son. 1899. Vols. 1-10. A-Emoluments. Price 315. 6d. per vol.

We thought the Encyclopedia of English Law a serious undertaking, but what is that to an Encyclopedia of English and American Law! However, one edition has already been published with so

much success, that a second is being published as rapidly as possible. Although this work is only concerned with law and not with procedure—which is to have a separate encyclopedia of its own--yet it is expected to fill thirty-two volumes; so we are afraid that however great its merits are—and they seem very considerable---that its bulk and price will prevent its finding a place on the shelves of many English lawyers. To those, however, who can afford it, it will prove a valuable acquisition. American decisions, though no authorities in our Courts, are treated with respect, and great assistance is often rendered in considering an undecided point, by finding on what principles it has been decided in America. The plan followed is to have a more or less brief statement of the law under each heading, supplemented by copious notes below, amplifying and supporting or varying the propositions in the text, and stating how the law on each point stands in the different States of the Union and in England. As is perhaps natural, the law of America is the main thing treated, and the English Law is much more scantily dealt with. This is fortunate for the size of the work, but renders it of less value to English Lawyers. A remarkable feature is the attention paid to words—for instance, in the very first paragraph the meaning of the word “A” is considered, and cases cited to show that it sometimes means any” and sometimes the." “Actual-Actually fills seven pages, and “ Andabout the same. It is interesting to observe that in some of the States the absurd Common Law rule that a payment of a less sum cannot be a satisfaction of a greater sum, even if accepted as such, has been altered by Statute. It is interesting to note some of the differences between the American Law and ours. Adoption, although it exists in the United States only by virtue of special Statutes, has been so legalized in almost all the States. In many if not all States, adultery is a crime, though there is a difference of opinion as to what constitutes the offence; and the action for crim. con. still exists. There is a very full treatise on the law of Agency occupying nearly 300 pages; one on Arbitration and Award of about 250 pages. Some other important items are “Bills and Notes,” nearly 450 pages; “ Corporations," 240 pages. Legislators should read with a good deal of interest the articles on the "Eight Hour Laws,” “Eminent Domain," " Injuries by Coupling Cars," and "Crossings.” As one of the questions of American Law that has to be most often considered in our Courts, the treatise on “ Divorce” is well worth attention.

New Edition. Bouvier's Law Dictionary. By John BOUVIER. Revised and brought up to date by Francis RAWLE. London : Sweet & Maxwell. 2 vols. 1897. Pp. 1125, 1254. Price 50s.

This is a wonderful work. Published first in 1839, it has grown in size and favour to the present day. It aims at being both a Dictionary and an Encyclopedia of Law, not merely English and American, but civil, canon, international, Scotch, and even French and other Foreign Law, though its information as to these last is mainly confined to definitions. It also treats on many subjects which are mainly of antiquarian or scientific interest.

To bring all this within the covers of two volumes—even though one contains over 1100, and the other over 1200 pages—has required careful selection and great condensation. The bulk of the work is based on American Law, and English Law is generally treated much more slightly, but carefully, and for the most part accurately. A large number of the articles are on purely American subjects, such as the American Constitution, Eminent Domain, which occupies no fewer than fourteen pages, Executive Power, United States Courts, Railroads, etc. Many other articles are almost entirely confined to the American Law on the subject such as Patents and Municipal Corporations ; but where the law is very similar, as in the case of Suretyship, authorities in both countries are made use of. When the law of England differs from that of America it is pointed out. A good many branches of English Law which are peculiar to this country, are not treated of at all, such as Bankruptcy, Rating, and Licensing. In some cases the English law is not quite up to date. Several of the definitions seem to ignore the fact that there is now only one Common Law Division; the description of the circuits is inaccurate, and in Criminal Law the effect of sec. 4 of the Criminal Law Amendment Act, 1885, has not been noticed. Among other important articles is one on hypnotism which has not been treated from a legal standpoint yet, over here, and there is an exhaustive collection of legal maxims. The work is a most valuable one, not only to practising lawyers, but to students of jurisprudence and history.

Second Edition. Historical Introduction to the Private Law of Rome. By the late JAMES MUIRHEAD, LL.D. Revised and Edited by HENRY GOUDY, LL.D. London: Adam & Charles Black. 1899.

It would be rather interesting to know how many members of either legal profession there are, who having once passed the

« PreviousContinue »