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defendant was a Quaker; a fact in no way relevant to the decision, but explanatory of the peculiar language of the correspondence.
The references to American cases and to the French Code, are not so copious as one might be led to expect from the promise on the title-page. Mr. Banning has not sought light from foreign systems. He does not, like the mutilator of Lord Macaulay's speeches, find the principle of Limitation in “the Pandects of Benares.” But, within the limits he has assigned to himself, he has to the best of our judgment thoroughly explored his subject. Our examination of the book enables us to endorse the modest statement of the author, that the work has been one of much labour,
The only fault we have to find with the book, is the occurrence here and there of obscurities and oddities of expression. Take the following as an example:-“ It may be, however, that there is a distinction, as suggested by Justice Story in his Conflict of Laws, and as suggested in reference to the preceding rule, in cases where the right as well as the remedy of the claimant is barred by the law existing at the place of contract." It is hardly fair to quote the sentence apart from its context, for which we have not room; but, after a careful study of the context, we feel pretty sure that it would take a good many lines to explain the whole of Mr. Banning's meaning.
The Law of Parliamentary and Municipal Registration ; with Notes, useful Tables, and the most important decisions given in appeals from Revision Courts; together with the proposed alterations in the Law. By ALEXANDER CHARLES Nicoll and ARTHUR JOHN FLAXMAN, both of the Middle Temple, Barristersat-Law. Knight & Co. 1876.
Among the many measures of greater or less merit which the ever-increasing pressure of business in Parliament prevented from passing into laws last Session, the “ Parliamentary and Municipal Registration (Boroughs) Bill ” introduced in the Commons by Mr. A. G. Marten, Q.C., M.P., was by no means the least important. It was intended to effect a considerable change in the system of making up and publishing the Parliamentary and Burgess lists of such boroughs as are both parliamentary and municipal, facilitating the work of the officials, simplifying the law, and procuring a saving of expense which has been approxi
mately estimated, in the case of a single large borough, at no less a sum than £8oo a year. The Bill had already passed twice through Committee before its withdrawal, and we trust that Mr. Marten will reintroduce it in the coming Session, with a more fortunate result.
The arrangement of the book now before us was decided upon by the authors while Mr. Marten's Bill was before the House, and when there was every probability that it would become law. The authors speak of Parts I., II., III., and even IV., but in the body of the work this numeration is not to be found, which is a drawback in respect of readiness of reference. But it must be noted that even should Mr. Marten's Bill become law it will not affect at all what Messrs. Nicoll and Flaxman call Part I., viz., the Law of Registration applicable to Counties, while Part II. will apply to Boroughs Municipal alone, and Part III. to Parliamentary Boroughs only. The existing Law is well and concisely set out, and the work is so arranged that it may be used with advantage even if Mr. Marten's Bill should take its place among the achievements of a Parliamentary Session yet to be held. The Tables compiled by the Authors to shew the stages and dates of the various duties of Registration Officers in Counties and Boroughs add considerably to the value of this handy little book.
Manual of the Prevalence of Equity, under the 25th Section of the Judicature Act, 1873, amended by the Judicature Act, 1875. By Charles FRANCIS Trower, Esq., M.A., of the Inner Temple, Barrister-at-Law, late Fellow of Exeter College, and Vinerian Law Scholar, Oxford. Butterworths, 1876.
We congratulate Mr. Trower on having produced a concise yet comprehensive treatise on the prevalence of Equity under the 25th section of the Judicature Act, which cannot fail to prove of great service alike to the student, and to practitioners of the Common Law Branch of the profession who, under the recent legislation, find themselves called upon probably for the first time to study, and apply in practice, the equitable principles which now“ prevail.” Within the compass of less than a hundred pages (including the Index), the author has contrived to compress the results of extensive reading combined with practical knowledge, the whole being logically arranged, and expressed in clear and terse language. Each proposition is verified by reference to sufficient authority; but, to quote the author's words, “ as a
multiplicity of authorities, like time-pieces in a clock-maker's shop, tends only to distract," single cases only are, as a rule, cited, or some good text-book which has collected the cases. To facilitate reference, the particular pages of such judgments as establish an important position, are given in the notes.
On the Compulsory Purchase of the Undertakings of Com. panies by Corporations, and the Practice in relation to the passage of Bills for compulsory Purchase through Parliament. By J. H. BALFOUR BROWNE, of the Middle Temple, Barrister-at-Law. Stevens & Haynes. 1876.
This little treatise, from the prolific pen of the learned Registrar to the Railway Commissioners, consists chiefly of a condensed report of the proceedings before the Committees of the Lords and Commons which passed the “ Stockton and Middlesborough Corporations Water Bill, 1876.” Parliament having sanctioned the compulsory purchase by these corporations of the works of the local water company, notwithstanding its most strenuous opposition, there can be little doubt that many other such transfers will be sought and obtained; for there certainly exists a growing feeling that as a rule it would be for the public advantage that the trust to supply water-and also gas- should be vested in the local or municipal authorities. As regards the supply of water, this tendency is strongly marked in the provisions of the 52nd section of the Public Health Act, 1875. Both to corporations wishing to acquire the works of companies which supply gas or water within their districts, and to companies anxious to retain the monopoly which they at present enjoy, Mr. Balfour Browne's compendious exposition of the facts of a case, “in which the principle of compulsory purchase was, for the first time, definitely recognized and given effect to,” cannot fail to be interesting and useful.
The Law Relating to Public Health and Local Government, as contained in the Public Health Act, 1875, and other Statutes; with an Introduction, Notes, and Appendices. By GERALD A. R. FITZGERALD, M.A., of Lincoln's Inn, Barrister-at-Law, late Fellow of St. John's College, Oxford. (Stevens and Sons, 1876).
Though somewhat late in the field, Mr. Fitzgerald has the special recommendation, as a writer on the Law relating to Public Health and Local Government, that he was employed by
the Government in the preparation of the admirable Consolidating Statute of 1875. Two introductory chapters are devoted to a historical summary of Sanitary Legislation in England, and to a lucid explanation of the provisions of the Act of 1875, in which particular attention is called to the amendments of the old law introduced amidst the work of consolidation. The Act of 1875 is given in extenso, with intersectional cross-references, and notes in which all important cases decided on corresponding sections of former statutes are referred to, and wherever possible the definite proposition of law embodied in a case is tersely stated. The incorporated provisions of the Waterworks' Clauses Acts, the Towns Improvements Clauses Act, the Towns Police Clauses Act, and the Markets and Fairs Clauses Act, follow the principal Act. In an Appendix are given the Audit Clauses of the Poor Law Acts applicable to the accounts of rural Sanitary Authorities; the Miscellaneous Statutes referred to in, or relating to the purposes of, the Public Health Act, 1875; various orders issued by the Local Government Board under the Acts relating to the Public Health, &c.; and a chronological table of the “ Sanitary Acts," pointing out those which have been repealed. A copious and well-executed analytical index completes the work, which we can confidently recommend to the officers and members of sanitary authorities, and all interested in the subject matter of the new Act.
Select Titles from the Digest of Justinian, edited by T. Erskine HOLLAND, D.C.L., Chichele Professor of International Law and Diplomacy, Oxford, and C. L. SHADWELL, B.C.L., Fellow of Oriel College, Oxford, both of Lincoln's Inn, Barristers-at-Law. Part III. Oxford: Clarendon Press. 1876.
We are indebted to Dr. Holland and Mr. Shadwell for a new instalment of their useful publication of “ Select Titles from the Digest.” The idea of illustrating separate portions of Roman Law by a careful recension of the Titles of the Digest containing the Imperial Legislation, and the opinions of the Imperial jurists, on those portions, was itself a happy one, and has been well carried out by its authors. The part now before us, the third of the series, is devoted to Roman Property Law. The student of Civil Law, whether at the Universities or the Inns of Court, will find it very useful to keep by him for ready reference both Part III. and Part II., which gave a conspectus of Family Law. Short English Summaries are prefixed to each Title, shewing
where the chief points are to be found, and references to other portions of the Digest and Code are giver in foot-notes. We only wish that Messrs. Holland and Shadwell had not thought it necessary to adopt the modern German fashion of printing “u" for “v,” and “i” for “j,” which may be neo archaic but is eminently uncomfortable.
A Key to Story's Eguity Jurisprudence. By R. S. GUERNSEY,
of the New York Bar. New York: Diossy & Co. 1876. Mr. Guernsey may, in some respects, be considered an American cousin of Mr. Indermaur. Both stand high in the favour of Law Students in their respective countries; but, while Mr. Indermaur concerns himself chiefly with passing the student through an Examination, Mr. Guernsey has the higher aim of enabling those who use his book to attain an enduring knowledge in the branch of Legal Science with which he deals, not by a “royal road,” but by “their own industry and perseverance." This is an excellent object, and Mr. Guernsey's treatment of Story's book seems well calculated to attain it. While offering the student more than eight hundred questions to test his knowledge of the work analysed, Mr. Guernsey so frames his “Key" that it shall present an outline of the entire system of Equity Jurisprudence, to be filled up, at will, by notes from Spence, Smith, and other standard writers. The references to Story are only to the chapters and titles containing the subject, the student being thus obliged to refer to the original for the pages and sections in which it is treated. Though primarily intended for the Law Schools of the United States, Mr. Guernsey's book is equally adapted for the use of the English student who wishes to make himself master of the general principles of Equity Jurisprudence.
Revue de Droit International et de Législation Comparée, publiée par MM. ASSER, ROLIN-JAEQUEMYNS, and WESTLAKE. Bruxelles, Bruylants-Christophe. 1876. (Nos. 1 and 2.)
We are glad to learn by the first number for the past year of our able Belgian contemporary, which is the organ of the Institute of International Law founded at Ghent, in 1873, that the desire to do honour to the memory of Alberico Gentili has spread to the Netherlands. M. Asser, Councillor of the Ministry of Foreign Affairs, and one of the Editors of the “Revue,” is at the head of an influential committee in Amsterdam. Interesting