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Contributo a favore dei Giurati. By Umberto de Bonis. Tipografia Elzeviriana, Rome, 1896.
La Teorica del Danno Criminale. By Umberto de Bonis. Tipografia Elzeviriana, Rome, 1896.
Il Risarcimento del Danno Economico e la Pena. By Umberto de Bonis. Rome, 1897.
American Digest, 119 and 120. West Publishing Company, St. Paul, Minn., 1897
Confederation Law of Canada ; Privy Council Cases on the British North America Act, 1867; and the Practice on Special Leave to Appeal. By GERALD JOHN Wheeler, M.A., LL.B., of Lincoln's Inn, Barrister-at-Law. London: Eyre and Spottiswoode, 1896.
The writer has endeavoured to collect in this volume, of over 1,000 pages, all the data of importance with regard to the various steps taken by the Imperial Government, as well as by the Legislatures of the Dominion and Provinces of Canada, towards confederation of those Provinces. To this he has wisely added, as fully as possible, the decisions of the Judicial Committee of the Privy Council bearing on the question. Under each section of the British North America Act, 1867, notes are given of all the leading appeals and petitions. Moreover, the Copyright Acts have been grouped together, and the American Copyright Act as amended in accordance with the Berne Convention, is included.
The leading appeal which touches on the vexed liquor question, was decided by the Privy Council last year, and has at last drawn a dividing line between the respective powers of the Dominion and the Provincial Legislatures. The value of this book is immense, comprising as it does, in a small compass, a most necessary erudition on laws and practice, which have hitherto been rudis indigestaque moles.
Domesday Book and Beyond. Three Essays in the Early History of England. By Frederic William MAITLAND, LL.D., Downing Professor of the Laws of England, in the University of Cambridge, of Lincoln's Inn, Barrister-at-Law. Cambridge: at the University Press. 1897.
To those who desire to penetrate the deeper waters of our early history, the publication of this book will prove invaluable. Domesday Book must be mastered to understand our English History. When the Conqueror charged his barons, legates, and justices to collect a descriptio of his new realm, various documents were compiled for that purpose; of which we have two manuscript volumes, known as the Domesday Book. Little Domesday, as the second of these volumes is sometimes called, deals with Essex, Norfolk, and Suffolk ; the first volume relates to the rest of England. We also have the Inquisitio Comitatus Cantabrigia, the Inquisitio Eliensis, the Exon Domesday, an account of Cornwall and Devonshire, and of part of Somerset, Dorset, and Wiltshire, and the Exchequer Domesday. The Domesday Book is not a treatise on law, although it contains mention of some provincial privileges, nor is it a register of title; but it is a Geld-book. Professor Maitland elaborates many obscure questions concerning Book-land and the Landbook, Sake and Soke, Boroughs, Manor and Vill, and the Village community, to say nothing of Domesday statistics. Excellent is the compilation, and of immeasurable value to students of archæology.
Encyclopædia of the Laws of England, being a new Abridgment by the most eminent Legal Authorities. Under the general editorship of A. Wood Renton, M.A., LL.B., of Gray's Inn, and of the Oxford Circuit, Barrister-at-Law. Vol. I. London: Sweet and Maxwell, Limited. Edinburgh : William Green and Sons. 1897.
This, the first volume, commences with Abandonment and ends in Bankruptcy. Not a happy omen certainly. The scheme, however, is a well considered one, and the publishers have acted wisely in securing the services of Mr. A. Wood Renton for their editor, a gentleman who has already had experience in literary supervision, being for some time editor of our contemporary, The Law Journal. The articles as a rule are not too lengthy, and thereby are the more serviceable. They are with some exceptions succinct enunciations of the law and trustworthy. The articles by Mr. W. F. Craies are especially good, although we notice from the title of his second article, that he has been forced to deal with some unsavoury subjects. Sir Walter Phillimore has written an article on Affreightment, interesting in its character, but rather too verbose; the same may be said of an article on Absolute Privilege by Mr. W. Blake Odgers, Q.C., which is remarkable so far as the preliminary text is concerned for its omission of all the earlier authorities upon which it is founded, and for a rather full verbatim adoption of an extract from the judgment of Lopes, L.J., in a modern case decided in 1892 (The Royal A quarium v. Parkinson), which, however, was not one of absolute privilege, but of qualified privilege, depending on the absence of malice. Further, we regret to notice that in his reference to Parliamentary proceedings, he puts forward, after a quotation from the Bill of Rights, as his leading authority, a case decided in 1887 in the Irish Courts (Dillon v. Balfour); whereas, privilege is founded on the Statute 4 Henry VIII., c. 8, reference to which is entirely omitted, as also the leading cases on the subject, viz. :-R. v. Lord Abingdon and R. v. Creecy. Mr. Barclay has written on Ambassador and Alliance in a fairly creditable manner; and the other writers have done their part as a rule well. The work should commend itself to the profession as a useful epitome of the Law of England, up to date, and for ready reference. Perhaps the most unfortunate step taken by the publishers was in asking Sir F. Pollock, Bart., to write what he terms a " General Introduction” to this volume. Such an introduction was unneeded, for “good wine needs no bush.” The so-called General Introduction is not calculated to bring additional credit on the work, and it would have been better to have omitted it.
Select Cases in Chancery. A.D. 1364 to 1471. Edited for the Selden Society by William PALEY BAILDON. London: Bernard Quaritch. 1896.
The first part of this volume contains a selection of early Chancery petitions, while the second part deals with selected petitions, French petitions of various dates, or undated, and English petitions of various dates. The Petition or Bill varies little from those known in the Courts of Chancery before the Judicature Act, 1873. They are almost invariably in French until the reign of Henry V., when English forms became customary. As a rule, each Bill is addressed to the Chancellor or Keeper by name, or by the name of his See, if he be a Bishop. The remedy asked for is frequently in very general terms; sometimes the plaintiff does not know what remedy to ask for, but leaves it to the Chancellor's superior wisdom and good graces. A not uncommon reason is that the power of the Common Law is not sufficient. Case 129 is very interesting ; one Provost was condemned to pay Lowaryn a sum, for certain wine, by the (Foreign) Admiralty Court in the town of Bordeaux, by certain instruments executed in that town, and then being in the (English) Admirals' Court. Provost had delayed the execution of the judgment by pleading a protection from the king. Lowaryn prays that this protection may be disallowed, and that he may have a writ directed to the Lord Admiral of England and to his lieutenants to go on with the plea, notwithstanding the said protection which he alleges has been purchased by fraud. The instance of a foreign judgment being executed in this country, by our Court of Admiralty is well illustrated and explained in Jurado v. Gregory (1 Vent. 32), referred to in the November number (1896) of this Magazine, at p. 27
Our thanks are due to Mr. W. P. Baildon for his exhaustive and erudite compilation.
The Indian Evidence Act, with Notes. By Sir William MARKBY, K.C.I.E., late a Judge of the High Court of Judicature at Calcutta. London: Henry Frowde. 1897.
This books contains the Indian Evidence Act, 1872, as modified up to the ist May, 1891, and the Editor has annotated the Act for the use of students preparing for their examination. He acknowledges his use of Field's Law of Evidence in India, of Stokes' Anglo-Indian Codes, and of Thayer's Select Cases on Evidence. We think that some of his remarks require qualification. Thus concerning sect. 6 of the Act, he says, “ A is accused of the murder of B, by beating him. Whatever was said or done by A or B, or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact." But he quite omits to tell us that the proposition is very arguable, and in the case of R. v. Bedingfield (1879), although the late Mr. Pitt Taylor maintained it, it was sternly denied by the late Lord Chief Justice, Sir Alexander Cockburn.
The Yearly Abridgment of Reports, being a full Analysis of all Cases Decided in the Superior Courts, during the legal year 1895-6. By ARTHUR TURNOUR MURRAY, B.A., of Lincoln's Inn, Barrister-at-Law. London: Butterworth and Co. 1897.
This is not a mere compilation of existing head-notes, but consists of an analysis of every reported case contained in The Law Reports, The Justice of the Peace, The Law Journal Reports, The Law Times Reports, The Weekly Reporter, The Times Law Reports, Aspinall's Maritime Law Cases, Commercial Cases, Cox's Criminal Law Cases, Manson's Bankruptcy and Winding-up of Companies Reports, Reports of Patent Cases, and Smith's Registration Cases. A new feature of this compilation consists of a Subject Index, arranged alphabetically on the same plan as an index to a text-book. In these days of work at extremely high pressure, the value of such a book is obvious. It is the best compilation of the kind that we know of.
Grant's Treatise on the Law Relating to Bankers and Banking Companies. Edited by Claude C. M. Plumptre, of the Middle Temple, Barrister-at-Law, assisted by J. K. Mackay, of the Middle Temple, Barrister-at-Law. Fifth Edition. London: Butterworth and Co. 1897.
It is fifteen years ago since the last edition of this work was published, and many are the changes which have occurred in the law since that time, both through decided Cases and through various Acts of Parliament. Among others, the Bills of Exchange Act, 1882; The Bankers' Books Evidence Act; The Conversion of India Stock Act, 1887; The Companies (Memorandum of Association) Act, 1890; The Companies (Winding-up) Act, 1890; The Directors Liability Act, 1890; The Stamp Act, 1891; and The Forged Transfers Act, 1891. Moreover, the famous case of Bank of England v. Vagliano (1891] A.C. 107, has proved a disturbing element to bankers since the last edition of this work. The Editors have done their work well, bringing the book quite up to date, and rendering it serviceable manual for bankers and their legal advisers.
Seaborne's Concise Manual of the Law Relating to Vendors and Purchasers of Real Property. Edited by W. ARNOLD JOLLY,