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The Common Form Draftsman. By ERNEST EDWARD Wild, B.A., LL.M., and FRANK SHEWELL COOPER, M.A. London: Butterworth & Co. 1899.
Messrs. Wild and Cooper have prepared this work to supply “some of the more marked differences in the sets of forms prescribed in the Appendix to the Yearly Supreme Court practice and the Annual practice, and towards this end they give a number of forms which are likely to be required in a Solicitor's Office in proceedings in the Queen's Bench Division, and varieties of affidavits and notices of considerable use.
Second Edition. Bullen on Distress. By Cyril DODD, Esq., Q.C., and T. J. BULLEx. London: Butterworth & Co. 1899.
The practical working of the Law of Distress is unpleasantly familiar to many, and it is, perhaps in consequence, one of the best abused of all our Laws. It has long been threatened, but, like many other threatened persons and things, it continues to exist, and apparently with considerable vitality, and it is difficult to overrate its importance to the owners and tenants of land and houses. As it is more than fifty years since the first edition of this work was published, it can hardly be said that the present edition has been brought out too soon. The origin of the Right of Distress for rent is still a very moot point, but we think that the most probable explanation is, that it was connected with the judicial process of the Lords' Court, as seems to be the opinion of Professor Maitland. It is interesting to trace the course of legislation on the subject, and to see how it inclined alternately to favour the landlord and the tenant, but the tide may now be said to have set definitely in favour of the tenant. Distress being an exceptional remedy, the utmost caution has to be exercised in making use of it, and very great care and learning have been displayed in the present work in considering and setting out the difficult questions of law connected with the subjects of “rents," “ Persons entitled in respect of their estate and interest to distrain for rent," etc., and in giving with great particularity all the forms necessary to be observed in distraining and replevying. All the recent statutes modifying the rights of the landlord are given, and there is a very complete collection of statutes on the subject,
which range from Magna Charta to the Land Transfer Act, 1897. The question of Damage-Feasant is also fully treated. The whole work should be invaluable to the practitioner.
Second Edition. The Principles of the Law of Evidence peculiar to Criminal Cases. By ERNEST ARTHUR JELF, M.A. London: Horace Cox. 1899.
This work consists mainly of the Criminal Evidence Act, 1898, annotated, and preceded by a short treatise on some of the principles of the Law of Evidence which are peculiar to Criminal Cases. Mr. Jelf divides this disquisition into the difference between Civil and Criminal Cases, as to what is evidence to convict, and what is evidence to be heard, and discusses these differences with marked knowledge and ability. We think the nomenclature is a trifle obscure, as what is evidence to convict varies in every case, and what he really deals with is, on whom the onus of proof lies under various circumstances, and what is the presumption of law. The author properly points out that formal proof cannot be dispensed with, and we think he might with advantage have emphasized this point even more, as it is a principle that is too apt to be ignored in practice. Mr. Jelf also gives reports of the most important cases that have been decided under the Criminal Evidence Act.
Second Edition, with Supplement. Darby and Bosanquet's Statutes of Limitations. By FREDERICK ALBERT BOSANQUET, Q.C., and James ROBERT VERNAM MARCHANT. London: William Clowes & Sons, Ltd. 1899. Price 27s. 6d.
The second edition of this well-known work was published in 1893. Since then there have been a number of decisions and some statutes affecting the subject. We regret that the learned authors have not thought it worth while to issue a new edition, incorporating all new matter in the body of the work, instead of including it in a supplement, with a separate index and a separate list of cases. This is a very inconvenient form for a book, and gives the readers the trouble of noting up the work from the supplement for themselves. It seems that the niost important statutes which have lately been passed in this connection are the Land Transfer Act, 1897, and the Public Authorities Protection Act, 1893; the sections of these Acts which are in point are given in the supplement, with reference to over a hundred cases, some of which are of great importance.
Second Edition. The Student's Guide to the principles of Equity. By JOHN INDERMAUR and CHARLES THWAITES. London: George Barber. 1899.
Another book carefully written for Examination purposes. There is some good advice on what to read, if the student desires to get up Equity properly ; but if he is pressed for time, or not anxious to read more than he can help, he can safely rely on “Indermaur” to pull him through. The present edition contains a number of Test Questions based on Indermaur's well-known “Manual of Equity," and a Digest of Questions and Answers referring to the same work.
Third Edition. The Science of Jurisprudence. By Sir W. H. RATTIGAN, Q.C. London: Wildy & Sons. 1899.
This work is well known as a clear and well-arranged treatise on Jurisprudence, and the issue of this new edition shows that the Author's labours have been appreciated. Sir W. Rattigan is learned in the wisdom of both English and Continental juridical writers, familiar with the law alike of Ancient Rome and still more Ancient India. The work was originally undertaken for the benefit of Indian Students, and is therefore largely illustrated by references to Indian Law. This, however, though of no special use to English Students, is of undoubted value in extending their area of comparison. On such a subject as the formation of Laws by the growth of custom the experience of India, a country above all others ruled by custom, is of the greatest importance. The English cases are noted up to date, and the English Law in most instances seems to be correctly laid down. We notice, however, that although the Law of England as to contracts made by a person in a state of drunkenness is correctly laid down, and also what excuse drunkenness is under the Criminal Law of India, yet no mention is made of how it is regarded by the Criminal Law of England. The whole book, however, is to be recommended to those who wish for a learned, and at the same time not too abstruse work on Jurisprudence.
Third Edition. Goodeves' Modern Law of Personal Property. By John HERBERT WILLIAMS, L.L.B., and William MORSE CROWDY, B.A. London : Sweet & Maxwell, Limited. 1899. Pp. 466. Price 18s.
The learned editors have accomplished a task of considerable difficulty “in preventing any increase in the size of the volume, although much new matter has been added.” This has been done
by revision and condensation, but in no place have we observed that the latter process has produced, as it sometimes does, obscurity. Within the necessary limits of space, and of a book intended primarily for students, it gives a clear and accurate view of the law relating to personal property, and forms a very handy volume for practitioners.
Third Edition. Kelly's Draftsman. By LEONARD H. WEST, LL.D., and WILLIAM AUSTIN. London: Butterworth & Co. 1899.
This work contains a number of useful precedents and forms, with short introductions and notes. It is intended primarily for the use of students and the everyday work of a solicitor's office. It is particularly rich in various forms of notice, which would not easily be found collected anywhere else. There might perhaps have been added with advantage some more forms under the Land Transfer Act, 1897
Fourth Edition. Charterparties and Bills of Lading. By T. E. SCRUTTON, M.A., LL.B. London : William Clowes & Sons, Limited. 1897. Price 185.
As long as England maintains her position among nations as a carrying power” so long will numerous questions concerning charterparties and Bills of Lading arise for decision, and so long as Mr. Scrutton revises the editions of his work we think it will maintain its position as the authority on such subjects. An interesting part of the present edition is contained in the references to the Commercial Court in the preface. Few practitioners, if any, are better qualified than the author to express an opinion on the working of this Court; and we are glad to find that he considers it a success. In his opinion, “substantial and speedy justice is done, and is done with the confidence and approval of the lay clients whose business disputes are settled, and whose money depends on the decisions of the Court.” There is also a very useful section on the practice of the Court. There have been a good many important cases decided since the last edition, though it is rather surprising to find that more difficult questions for solution have not been raised by wars and strikes ; but the reader may rely on finding them all in the proper places. The notes have been revised, and the effect of more recent decisions on the earlier ones considered with much care and judgment. There are new forms of Charterparty given, and the accounts of the customs at the principal British ports have been revised.
Fourth Edition. The Student's Guide to Prideaux's Conveyancing. By John INDERMAUR. London: Geo. Barber. 1899.
This is a careful series of notes on the latest edition of Prideaux, Mr. Indermaur's praiseworthy object being “to encourage students to read Prideaux and to assist them in its perusal.” The work also contains a set of Test Questions and Epitomes of various Acts connected with Conveyancing. It will no doubt be highly useful to those for whom it is designed.
Sixth Edition. Key and Elphinstone's Compendium of Precedents in Conveyancing. By Sir HOWARD WARBURTON ELPHINSTONE, Bart., M.A., William Hew ColTMAN, B.A., and ARTHUR Dickson, LL.B. London : Sweet and Maxwell, Limited. 1899. 2 vols. Price £3 10s.
Although the last edition of this well-known work only appeared in 1897, yet the present one is very welcome. Probably the primary cause of its issue was the passing of the Land Transfer Act, 1897, and numerous alterations have been made to meet the provisions of that Act.
We notice, for instance, the special clause to be introduced into Powers of Attorney in connection with registered land, also various clauses in mortgages, conditions of sale, and a number of valuable notes on the subject. Advantage has also been taken of this new edition to add precedents for the turning of a partnership into a limited company, which are likely to be of considerable use in the present times. The Charitable Assurances have been collected under the head “ Mortmain and Charity,” and we may particularly call attention to the valuable note on Charitable Conveyances and the very ingenious precedent, which we are told is the work of the late Mr. Key, and which is intended to insure the property settled being devoted to the objects of a particular association without coming under “any existing or future legislation or jurisdiction, affecting religious or charitable endowments.” The book has throughout been edited with the same care and skill as distinguished the previous editions, and gave it its position as a standard work.
Sixth Edition. Mayne's Treatise on Damages. By John D. MAYNE and LUXLEY SVITH, Q.C. London : Stevens & Haynes. 1899. Price 215.
One of the principal, we had almost said main things to consider in most actions is, what are the damages? And this important