of an infant with knowledge of the infant's rights. Such an one becomes a bailiff or a trustee for the infant, and on acquiring by virtue of his position any new or enlarged interest in the lands, is bound to hold that interest for the infant's benefit. Smyth v. Byrne ([1914], I Ir. R. 53), is possibly an extension of this well-known doctrine at all events, it is the first decision that exactly the same principles apply to entry on the lands of a lunatic. A person so entered with notice of the lunacy and of the lunatic's rights to the land: the lunatic had held under a contract of tenancy: a new letting was made to the person who had entered, and the Court of Appeal decided that this was "a graft" on the old tenancy. "We must take the basis of the doctrine to be that the minor is helpless, and therefore cannot assent." The same state of incapacity to defend his rights existed in the case of a lunatic; he likewise could give no valid authority to anyone; and, therefore, the Court thought that the same equitable doctrine should apply for his protection.

The will which the Court had to construe in Ellard v. Phelan ([1914], 1 Ir. R. 76), raised quite a crop of small points, none of great difficulty, but each presenting a certain amount of interest. First, there was a bequest "to the Superior for the time being of the Cistercian Monastery at M. of £1,000 for the use and benefit of the said monastery and the works of charity carried on by the said Order." This was held void as a gift to an illegal community. It was not saved by the attempted general dedication of the gift to charity, since this charitable intention was to be carried out only through a specified instrument—an illegal Order. Next, there was a bequest to a servant, and the testator owed that servant wages at the death; the bequest was held to be a satisfaction of the debt for wages. Then came a gift of residue, "to the several legatees, other

than charitable legatees, herein before named"; upon this it was held (as seems obvious) that a person to whom a freehold farm had been devised was not entitled to any share in the residue; but that apparently the word "hereinbefore" need not be strictly pressed, and that a person to whom a non-charitable legacy was given by a subsequent clause in the will should be included in this residuary gift. Finally, it was held that a direction that "all the said legacies shall be paid free of legacy duty "did not exempt the devisee of the freehold farm from the liability to pay succession duty.

Spence v. Martin ([1914], 1 Ir. R. 86), is another construction case. Sect. 28 of the Wills Act provides, broadly speaking, that a testamentary gift, even without words of limitation, shall operate to pass to the donee the whole interest of the testator in the subject-matter of the gift, unless a contrary intention appears. In this case the question was whether the will did manifest a sufficient contrary intention to exclude the operation of this section. The testator (owner in fee-simple) gave to G., who was a farm servant, "the field with his house thereon, containing about eleven Irish acres, subject to the rent of £1 per Irish acre per year, to be paid to my nephews N. and J." Then, he gave to the nephews his house and farm "subject to the tenancy already bequeathed to G." for their lives. The express mention of the tenancy in the two bequests was held sufficient evidence of a contrary intention to show that G. did not take an absolute interest in the eleven acres, but only a

tenancy during his life. The tenancy was "entirely inconsistent with a gift in fee-simple, which cannot be held of another person."

J. S. B.

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[SHORT NOTICES DO NOT PRECLUDE REVIEWS AT GREATER
LENGTH IN SUBSEQUENT ISSUES.]

A History of Continental Criminal Procedure with Special Reference to France. By A. ESMEIN, Professor in the Faculty of Law of Paris. Translated by JOHN SIMPSON, of the New York Bar, with an editorial Preface by WILLIAM E. MIKELL, Professor of Law in the University of Pennsylvania; and Introductions by NORMAN M. TUNHOLME, Professor of History in the University of Missouri, and WILLIAM RENWICK RIDDELL, Judge of the High Court of Justice for Ontario. London: John Murray. 1914.

This forms Volume V of the Continental Legal History Series for which the Editorial Committee of the Association of American Law Schools is responsible. The Committee, recognising from the outset that Anglo-American law is only part of a larger structure, undertook the provision of legal histories dealing with the latter, by which the former could only be understood. The story of Western Continental law is made up of two great movements, racial and intellectual, One is the Germanic migration, planting a solid growth of Germanic custom everywhere, the other is the posthumous power of Roman law, for ever resisting, struggling, and coalescing with the other. Not even England was unaffected. Its legal culture was never without some of the same intellectual influence of Roman law which so thoroughly overspread the Continent. And during the intervening centuries a more or less juristic interchange of thought has existed between Anglo-American and Continental law. Such reciprocal influence makes the story one. There a tangled common ancestry. The poverty of English works on the History of Continental Criminal Procedure rendered it necessary to go to foreign writers, and of these practically the only modern of the kind is Professor Esmein, whose work is here presented in English dress. This was first published in 1882 under the title of Histoire de la Procédure criminelle en France et spécialement de la Procédure inquisitoire depuis le XIIIe siècle jusqu'à nos jours. In preparing this work for the present edition, the Author has found no reason to vary his conclusions on any material points. He has, however, in its revision, taken into account the critical editions of early texts appearing since

1882.

Το

He has re-written the pages concerning the origin and development of the processus per inquisitionem in the Canon law, and also that portion devoted to the History of Criminal Procedure in England in the light of the researches of Pollock and Maitland, Thayer and Holdsworth. Although the work would form an adequate guide to the development of Continental Criminal Procedure in general, it was not composed for that purpose. render the present volume more comprehensive to Anglo-American readers, a few chapters have been added from the works of other writers. Those on different types of Procedure, Criminal Procedure since 1800 in other countries than France, the Literature of Criminal Procedure, and the History of the Continental System of Evidence, are from the pen of François Garraud, Professor of Law of Lyon, the leading authority in France on modern Criminal Law and Procedure. Those on Roman Procedure and Primitive Germanic Procedure are from the works of Carl Joseph Anton Mittermaier, Professor of Law at Heidelberg (died 1867), the most famous criminalogist of his day in Europe. The Introduction to, and the first title of, the main work is also from the pen of Professor Garraud. Part I is devoted to the History of Criminal Procedure in France from the 12th to the 17th centuries, in which the transition from the accusatory to the inquisitorial system is clearly worked out. Part II completes this history up to the Revolution, and also deals with Criminal Procedure in Europe generally. Part III is concerned with the legislation relating to Criminal Procedure of the Revolutionary period and of the Napoleonic era, leading up to the Code of Criminal Instruction of 1808. From such a work as this, so comprehensive in its contents and so comparative in its methods, students in this country and in the States can learn much. Criminal law in the States is, it is true, half a century behind that of Great Britain. The latter, whilst having contributed the jury system to the Continent, can still derive some hints for reform of their own system in the careful and thorough investigation of crime by Continental tribunals.

The Ancient Roman Empire and the British Empire in India: The Diffusion of Roman and English Law throughout the World. Two Historical Studies. By JAMES BRYCE. London: Oxford University Press. 1914.

These two essays appeared in the two volumes entitled Studies in History and Jurisprudence, published by Viscount Bryce some

few years ago. They are now issued separately for the use of students of Indian history, having been revised throughout and brought up to date by the insertion of the figures of the latest census of India and by reference to recent legislation. But it is not only students of Indian history to whom this brilliant comparative study of two great Empires will appeal. All interested in political or legal history will alike be fascinated with the comparison between the actions of Rome and England as powers diffusing their municipal law over vast regions of the world.

The Annual County Courts Practice 1914. Edited by His Honour Judge SMYLY, K.C., and W. J. BROOKS, M.A. London: Sweet & Maxwell.

1914.

With this issue a new departure of a drastic nature has been effected in the arrangement and form of this hardy annual. This work has for many years formed part of the Lawyers' Annual Library, and it has at length been thought more expedient to adopt the arrangement and form of the Annual Practice. It is hardly necessary to allude to the vast improvement in convenience alone of this departure from the old arrangement, and the improvement does not stop here. Certain subjects have become of great and increasing importance in County Courts practice, and it has been found necessary to entrust these to those who have had special experience. The law and practice relating to the liability of employers for injuries to workmen have been collected and dealt with in Part IV by Mr. C. Y. C. Dawbarn, a recognised authority on this branch of the law. In this Part are included Lord Campbell's Act, the Employers' Liability Act 1880, the Workmen's Compensation Act 1906, and the rules and forms relating thereto. The statutes conferring jurisdiction on County Courts are now brought together in Part V, in alphabetical order (with a few exceptions), and not according to the nature of the jurisdiction conferred, as in the last edition. Other special chapters are those on Costs and Court Fees, by Messrs. W. H. Whitelock and Arthur L. Lowe, Registrars of the Birmingham County Court, and on Admiralty and Merchant Shipping, by Mr. H. H. Sanderson, Solicitor. Alterations in the practice during the past year do not call for much attention, but such as have been made are duly noted. The Workmen's Compensation Rules are those of last July.

The work is brought up to date, and the change from two volumes to one is of the utmost practical convenience. Why do the learned