of the author's care in the present edition, the cases concerning it being now for the first time classified and arranged under appropriate headings, setting forth the principles and grounds of privilege applicable to each class. This portion of the work will, we doubt not, prove of great assistance to the Practitioner. A few exceptions to the general carefulness displayed throughout the book have met our eye, but we will only give one specimen, which has a somewhat comic look as a footnote reference. At p. 184 the reader is directed for information as to the case of Dawkins v. Lord Rokeby, on Appeal, to “L.R. —; 45 L.J. Q.B. —. And see infra the case of Dawkins v. Paulet, p.." At the end of the volume is a collection of thirty-eight useful Precedents, and an Appendix of Statutes. There is a full Table of Cases, and the Index appears to be copious and well executed.

The Doctrines and Principles of the Law of Injunctions. By WILLIAM JOYCE, Esq., of Lincoln's Inn, Barrister-at-Law. Stevens & Haynes. 1877.

Mr. Joyce, whose learned and exhaustive work on "The Law and Practice of Injunctions," has gained such a deservedly high reputation in the Profession, now brings out a valuable companion volume on the "Doctrines and Principles" of this important branch of the Law. In the present work the Law is enunciated in its abstract rather than its concrete form, as few cases as possible being cited; while at the same time no statement of a principle is made unsupported by a decision, and for the most part the very language of the Courts has been adhered to. Written as it is by so acknowledged a master of his subject, and with the conscientious carefulness that might be expected from him, this work cannot fail to prove of the greatest assistance alike to the Student-who wants to grasp principles freed from their superincumbent details—and to the Practitioner, who wants to refresh his memory on points of Doctrine amidst the oppressive details of professional work. We think, however, that Mr. Joyce might, in 1877, have ventured in his text, instead of defining an Injunction as "issuing by the order of a Court of Equity," to have boldly stated there what he merely tells us in a note, that under the Judicature Acts "the power of granting Injunctions has been given to the High Court of Justice."

Elegance of style may not be necessary in a Legal Treatise, but some attention to lucidity and terseness will never be thrown

away. Mr. Joyce seems to have a German belief in long sentences, which we cannot but fear will mar the usefulness of his work. His chapter on Jurisdiction, for instance, opens with a paragraph which is printed as one sentence of fifteen lines, but would be much more intelligible and clear if broken up into three sentences. To show what we mean, we give the paragraph as we should prefer to see it broken up.

"It would seem that a person on whom an injury is fraudulently committed may have a remedy in the Courts of any country where the fraud occurs, and even though he be at the time an alien enemy. Thus a foreign manufacturer has a remedy by suit in this country for an Injunction to restrain the fraudulent appropriation of his trade-mark, and for an account of profits, against a manufacturer in this country who has committed a fraud upon him by using his trade-mark for the purpose of inducing the public to believe that the goods marked are manufactured by the foreigner. This relief is founded upon the personal injury caused to the foreigner by the defendant's fraud, and exists, although he resides and carries on his business in another country, and has no establishment here, and does not even sell, or usually sell, the goods on which such trade-mark is affixed, in this country."

Here it seems to us that the three parts of which the paragraph consists-the Statement of the Rights of Foreigners, the Example, and the Principle of Law, would all be clearly separated, whereas in Mr. Joyce's statement they appear confused. The learned author's grammar appears also to be peculiar; at least we have been unable by any of the ordinary rules to construe his proposition that "An Injunction is a Writ remedial, issuing by the Order of a Court of Equity, in those cases where the plaintiff is entitled to Equitable relief, by restraining the commission or continuance of some act of the defendant."

In his present, as in his larger work, Mr. Joyce has paid considerable attention throughout to the American cases on the subject, and his Index is specially remarkable for its analytical fulness.

The Law of Compensation under the Lands Clauses and Railways Clauses Consolidation Acts, the Artizans' and Labourers' Dwellings Improvement Act, 1875, the Metropolis Local Management and other Acts, &c. By EYRE LLOYD, of the Inner Temple, Barrister-at-Law. Fourth Edition. Stevens & Haynes. 1877. Not much more than eighteen months have elapsed since we had occasion to review the third edition of this work, and the

demand for a new edition so soon afterwards, justifies at once the favourable opinion which we then expressed, and at the same time, affords a conclusive independent testimony of the high appreciation of the profession. Since the publication of the last edition, recent though it be, several important points on the branch of law of which it treats have been decided, and all these are carefully noted by the Author. Not the least important among them is the judgment of the House of Lords in Lyon v. The Fishmongers' Company (the bearings of which were fully discussed in our Nos. for November and February last), by which, reversing the decision of the Lords Justices, it was determined that there is no distinction between the position of a riparian owner of land abutting upon a tidal, and upon a nontidal river, as far as regards the right of access from the stream to his own land, and vice versa; and that such right of access is a private right, entirely distinct from the public right of navigation, which is common to the riparian owner and the rest of the public. Keeping steadily in view the requirements of practical utility, Mr. Eyre Lloyd has added to the present edition a complete set of forms under the Artizans' and Labourers' Dwellings Improvement Act, 1875, together with a few useful specimens of Bills of Costs; and the "Precedents" appear also to have been carefully revised and adapted to the requirements of the Judicature Acts and Rules.

The Book of Church Law, being an Exposition of the Legal Rights and Duties of the Parochial Clergy and the Laity of the Church of England. By Rev. J. H. BLUNT, M.A. Second Edition. Revised by Walter G. F. Phillimore, D.C.L., Barristerat-law, Chancellor of the Diocese of Lincoln. Rivingtons. 1876.

A Book of Church Law so convenient in size, and bearing such well-known names as those on the title page of the work before us, can hardly fail to be much sought after by parochial clergy, churchwardens, and even, perhaps, "aggrieved parishioners." The design is an admirable one, and has evidently been the object of much conscientious labour, but we should have liked to see it carried out in a somewhat less antiquarian and more practically useful manner. There is no external evidence to show how much of the new edition should be attributed to Dr. Phillimore's revision, and we can, therefore, only offer some general observations on the principles which appear to have guided the joint editors.

On several important points it seems to us that the information

conveyed is not adequate even, as a summary exposition of Church Law. In treating of the office of churchwarden, for instance, our authors, after stating the law of church-seats thus, "by the Common Law every parishioner is entitled to a seat in his parish church," proceed to assert that whether the assignment of seats to parishioners is made "as a yearly arrangement, whether it is made at the time when divine service is about to be or is being celebrated, or whether the power to make it is only used in disputed cases-the seats being ordinarily considered free, and open to the first comer-are matters entirely within the discretion of the churchwardens, subject to the control of the Ordinary." If the principle be stated in the plainer, and, as we believe, more accurate, language of the Chancellor of the Diocese of Carlisle in his Rules for the Guidance of Churchwardens, "the parish church is, in its use, the property of the whole parish, and the inhabitants generally have all an equal right in it," the powers of a churchwarden would seem to be most properly exercised in seating parishioners service by service. Who are the electors of the churchwardens is clearly stated in a recent opinion by Dr. Stephens and Mr. F. H. Jeune, who say, "Substantially, the qualification is the having been rated to the last poor-rate, or liablity and consent to be rated," and refer to 58 Geo. III., c. 69, amended by 59 Geo. III., c. 85, and 16 & 17 Vict., c. 65, as determining the qualification. Mr. Blunt and Dr. Phillimore tell us that the "ordinary law by which the appointment of churchwardens is regulated is the 89th Canon," and do not. give any reference to these Statutes under that head, only introducing them much later on, s. v. "Vestries."

Our authors seem to entertain a high opinion of the value of presentments. We fear that a churchwarden in London or Liverpool who should try to make due presentment of "notorious sinners" in the sense of the 26th Canon, who "offend their brethren," though it were but "by drunkenness or swearing," to leave out weightier matters, would rue the day when they undertook such a fearful task. And we doubt whether such presentments would be made "with advantage to religion." We have to remark upon a somewhat heavy admixture of the theological and doctrinal element in the "Book of Church Law." After having correctly stated the language of the Prayer-Book bearing upon the minister of baptism as showing that the "things essential to this sacrament" are the "matter" and the "words," our authors carry us into an entirely different and non-legal field when they proceed to assert that a lay person baptising "is

guilty of no small sin." Mr. Blunt and Dr. Phillimore might naturally be expected to be st.ong in Conciliar lore. Indeed, they quote Canons and Constitutions of every conceivable Council and Synod, and of very varying value. But we fail to see the use of quoting a Constitution of Canterbury, A.D. 1378, "Confessiones ter in anno audiantur," and informing us that "there is in existence a Canon of 1220, which provided that if a child remained unconfirmed beyond seven years of age neither its father nor its mother should enter the Church until the rite had been performed." If our authors wish to revive these and such like provisions they have more than a life's work before them; but it would be work more pertinent to a plea for Mediæval Church Discipline than to an "Exposition of Church Law."

A Treatise on Banking Law. By J. DOUGLAS WALKER, Barristerat-Law. Stevens & Sons. 1877.

In the short compass of less than two hundred pages, Mr. Walker offers to the Legal Profession a convenient practical summary of the effect of the most recent Acts and decisions on the principal points that arise in Financial Law. It would be not unnatural to suppose that in a work of this kind we should obtain a definition of the elements that constitute a "Banker" in the eyes of the Law. This, however, seems still to a certain extent to be a desideratum. By the 45th Sect. of the Stamp Act, 1870 (32 & 34 Vict., c. 97), quoted by Mr. Walker (p. 8), it is enacted that "the term banker means and includes any corporation, society, partnership and persons, and every individual person, carrying on the business of banking in the United Kingdom." But what is the definition, if any, of "the business of banking?" We could wish that Mr. Walker had given us some light on this point. It might be asked, for instance, is an Army Agent, receiving and holding moneys of an officer to whose regiment he is agent, and giving his customer cheque-books by means of which to draw upon him, a "Banker" within the meaning of the definition just cited? And if not, why not? These are questions quite within the scope of Mr. Walker's Treatise, and we hope he may consider them in a future edition of his present useful contribution to the Legal Literature of Banking.

The Merchant Shipping Laws; being a Consolidation of all the Merchant Shipping and Passenger Acts, from 1854 to 1876 inclusive, with Notes of all the leading English and American