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Hunt's Law of Boundaries and Fences. Fourth Edition. By Archibald Brown. Butterworth and Co., London, 1896. Price 14s.
The Yearly County Court Practice. Two Vols. By G. Pitt-Lewis, Q.C., and C. Arnold White. Butterworth and Co., Shaw and Sons, London, 1897.
Admiralty Jurisdiction and Practice in County Courts. By F. W. Raikes, LL.D., Q.C., and B. D. Kilburn, M.A. William Clowes and Sons, Ltd., London, 1896.
Executive Powers in Relation to Crime and Disorder. By Thos. W Haycraft, B.A. Butterworth and Co., London, 1897. Price 6s.
Reviews. Commentaries on the Constitution of the United States, Historical and Juridical. By Roger Foster, of the New York Bar, and Lecturer on Federal Jurisprudence at the Law School of Yale University. Vol. I. London: Kegan Paul, Trench, Trübner & Co., Limited. 1896.
To those who would study the Constitution of the United States, we heartily commend this book. The author commences with an introduction, which is brimful of authority and learning, dealing with Paper Constitutions, the anarchy preceding the Federal Convention, preliminaries of the same, prototypes of the same, its models and compromises, with its result. An interesting précis of the persecution of John Lilburn, a Puritan, in the Star Chamber, on the charge of importing factious and scandalous books, amongst others, “ Litany for the especiall use of our English Prelates” and “ The vanity and impiety of the old Litany" follows. Other matters treated in this volume are the three departments of the Government of the United States, Congress in general, the right of suffrage, the Speaker and other officers, the Senate, impeachment, and a well-selected collection of State Trials on the latter subject. So good is the book that we look forward with pleasure to the publication of its next volume.
Cardinal Rules of Legal Interpretation. Collected and arranged by EDWARD BEAL, B.A., late Scholar of Trinity Hall, Cambridge, of the Middle Temple, and the South Eastern Circuit, Barrister-at-Law. London : Stevens and Sons, Ltd. 1896.
The author has endeavoured to collect and arrange in one volume the cardinal rules of interpretation of all legal documents. The attempt had previously been made with regard to the interpretation of statutes, but so far as we are aware, this is the first attempt to enunciate a canon of interpretation for all. legal documents. Mr. Beal observes with truth, that the rules of interpretation are scattered in various reports and statutes, and we cannot but praise the labour and erudition which he has bestowed in preparing the succinct work before us. He gives as his authorities the reported words of the Court or Judge in which a particular rule is laid down. The book is divided into eight parts, dealing successively with Case Law, Rules of Legal Interpretation applicable to all Instruments, Contracts, Deeds, Mercantile Documents, Miscellaneous Instruments, Statutes, and Wills, besides an Appendix containing the Interpretation Act, 1889, 52 & 53 Vict., c. 63, and the now repealed Lord Brougham's Act, 1850. It is interesting to note that the Times Reports are admitted by Courts, because they are reported by Barristers who put their names to their Reports; but the Weekly Notes are not to be cited as an authority. Of the old reports, Plowden (1550-80) is the most accurate of all reporters, while of " Modern Cases in Law and Equity" (1669-1732) the Courts, we are informed, “ treated that book with the contempt it deserves.” We cannot too highly praise the industry of Mr. Beal, and we are assured by a close examination of his book that it is bound to become a leading text-book on the subject which it treats of.
The Preservation of Open Spaces and of Footpaths and of other Rights of Way. By Sir P.OBERT HUNTER, M.A., Solicitor to the Post Office, formerly Honorary Solicitor to the Commons Preservation Society. London: Eyre and Spottiswoode. 1896.
The author has endeavoured to treat of the several descriptions of land, which are subject to Common rights, and how such lands may be protected from enclosure. The peculiarities attaching to Common fields and pastures, and to the Common land of forests, are widely different; it has not always been horne in mind how large a part of England was formerly under Forest Law, and consequently subject to the exercise of exceptional rights. The author gives a special care to footpaths, as also to fords, towing-paths, cliffs and foreshores. Since the Commons Preservation Society was established, some thirty years ago, these subjects have been better protected, but although improvement has resulted, there is still much to be desired. We are sure that the book will meet with much appreciation, not only at the hands of the legal profession, but of the public at large.
Paterson's Practical Statutes of the Session 1896 (59 and 60 Vict.), with Introductions, Notes, Tables of Statutes, repealed and subjects altered, Lists of Local and Personal and Private Acts, and a copious Index. Edited by J. S. Cotton, Barrister-at-Law. London: Horace Cox. 1896.
The late Session of Parliament has produced a rather smaller crop of Statutes than usual, but all those of practical use will be found carefully edited in their proper places, together in many cases with an editorial preface of their particular design. It is undoubtedly the best collection of Statutes published.
Principes du Droit des Gens. By ALPHONSE Rivier, ConsulGeneral of the Swiss Confederation, Professor at the University of Brussels, Honorary Professor of the University of Lausanne. Two Vols. Paris : A. Rousseau. 1896.
M. Rivier tells us, that he has endeavoured to prepare a book on the Law of Nations, which may hold a middle place between the already well-known and elaborate works on that subject, and the more succinct treatises of Heffter, Bluntschli, and Bulmerincq. He confesses that he has culled his work from many sources, and very honestly gives us a list of his authorities, among which we are pleased to find the names of W. B. Lawrence, Henry Wheaton, John Westlake, Q.C., and Sir Travers Twiss, Q.C. He divides his compilation into two volumes, dealing in the first volume with the general preliminary notions on the Law of Nations, next with States, then with Territorial Rights including the High Seas, and then with the rights essential to States, and with restrictions raised against these rights by the fact of international comity, and the
representatives and the organisation of States for their foreign relations. In the second volume we have the questions of negotiations and of public acts emanating from governments, conventions, and treaties between States, differences between States and the means of reconciliation, forcible means, such as war, and the laws of war. Dealing with Extradition, he says that some States, “considering with reason that Extradition proceeds from a general obligation of mutual judicial assistance, proceed to grant it without conventions, and under circumstances that conventions have not foreseen; generally, but not necessarily, by way of reciprocity. This is the true system, and the one conformable to the real ideas of international comity and of the duties which it imposes." M. Rivier has laid down in these few words a rule of law which is unfortunately misunderstood by many civilised States, as pointed out in an Article in this Magazine in our last issue. Space forbids us to enlarge more fully on the excellences of his book; but ex uno disce omnes. It is a truly valuable work, and one which we should like to see translated into the English tongue.
Études de Droit International et de Droit Politique. By ERNEST Nys, Professor of the University of Brussels, Judge of the Tribunal of First Instance, Member of the Institute of International Law. Brussels: A. Castaigne. Paris: A. Fontemoing. 1896.
The author of this work had already contributed much of its substance in the Revue de droit international et de legislation comparée and in the Société nouvelle. He has now united this valuable information with some additions in the volume before us. The work is at once international and historical; it deals with the political creations of the Middle Ages arising in the immediate contiguity of the Mediterranean; it glances at the relations of the Arabs and the Byzantines, at the Military Institutions of Christian Spain, at the Brehon laws of Ireland and at Denmark, Norway, and other countries of the North. But what more immediately concerns Great Britain is a very interesting chapter on England and the Holy See during the Middle Ages, in which the causes of the Great Charter are very fully and eruditely explained, and the intrepidity of the Barons of England for their rights against both King and Pope is brilliantly shewn forth. Another chapter on Mediæval England refers to the Constitutions of Clarendon, to the Provisions of Oxford, and to other landmarks of our political Constitution. Other chapters referring to the claim of Pope Alexander VI. to divide the New World between the Spanish and the Portuguese, the Rights of the American Indians, the Slavery of the Negro, and the French Revolution, tend to add more and more to the merits of this learned and well digested treatise. We heartily congratulate M. Nys on his well considered labours.
Le Témoignage de la Femme ; L'Épargne de la Femme Mariée ; Les Salaires de la Famille Ouvrière. By Louis FRANK, Advocate at the Court of Brussels, Vice-President of the Universal Feministic Federation. Brussels: H. Lamertin. 1896.
La Femme contre L'Alcool. By Louis FRANK. Brussels : H. Lamertin. 1897.
These Articles relate to the emancipation of woman. In the first the author considers the incapacity of woman to give evidence, or the disadvantage of her evidence being deemed in many States inferior to that of the man. He contrasts these laws disadvantageously with the Law of England, by which her testimony is always receivable and of the same value as that of the other sex. In his second Article, he refers to the Belgian League for the Rights of Women, founded in 1892 for procuring protection for her savings, and speaks with praise of the Married Women's Property Acts of Great Britain. In his third Article, he proposes protection for the wages of a married woman. In his latest Article of this year, he inveighs against the increase of drunkenness, quoting the words of the Right Hon. W. E. Gladstone :-“ Alcohol causes more ravages than pestilence, famine, and war." His arguments are succinct and to the point; he is worthy of all praise for his attempts to stay the above-mentioned evils, which have too long been a disgrace to our vaunted nineteenth century civilisation.
Hunt's Law of Boundaries and Fences, in relation to the Sea-shore and Sea-bed, Public and Private Rivers and Lakes, Private Properties, Mines, Railways, Highways, Canals, Waterworks, Parishes and Counties, Church Lands, Inclosed Lands, &c.