Page images

the Court. The case, however, was not met by the Rules under nor by the Trade Mark Acts, no actual provision being made for the alteration in the register in the name of the owner of the trade mark, though means were given for the assignment of a trade mark to another person. Mr. Justice North, however, came to the conclusion that the alteration could be made under sect. 87 of the Patents, Designs, and Trade Marks Act, 1883, and gave the comptroller power to make the alteration in the register. If a company which is proprietor of a trade mark changes its name, the new name should appear on the register; and if a lady proprietor of trade mark changes her name on marriage, her married name should appear there; as it is clear that the object of the statute is that the present name of the proprietor of a trade mark should appear on the register. Change of name, although voluntary, may come within the words "operation of law" as set out in sect. 87, and when a change of name is duly effected, it is the duty of the proprietor to apply to the comptroller to make the corresponding alteration in the register. The cases Re The National Wholesale Tea Supply Association, Limited (10 Rep. Pat. C. 164), as dealing with sect. 92, and Re The Patent Plumbago Crucible Company's Trade Mark (7 Rep. Pat. C. 282), as touching on sect. 90 were quoted, but they did not deal exactly with the point in question. This case Re New Ormonde Cycle Company, Limited, is the first one in which the point as to the change of name of the registered proprietor and the insertion in the register of the new name in the place of the old one, has been argued and settled.



Books Beceived.


Taswell-Langmead's English Constitutional History. Fifth Edition. Philip A. Ashworth. Stevens and Haynes, London, 1896.

Harris's Principles of the Criminal Law. Seventh Edition. By Charles L. Attenborough. Stevens and Haynes, London, 1896.

Tristram and Coote's Probate Practice. Twelfth Edition. By Thomas Hutchinson Tristram, Q.C., D.C.L., and Henry A. Jenner. Butterworth and Co., London, 1896. Lyon and Redman's Law of Bills of Sale. Fourth Edition.

By J. H. Redman. Reeves and Turner, London, 1896.

Cardinal Rules of Legal Interpretation. Collected by Edward Beal, B.A. Stevens and Sons, Ltd., London, 1896.

The Jewish Law of Divorce. By David Werner Amram, M.A., LL.B. Edward Stern and Co., Philadelphia, 1896.

A First Book of Jurisprudence. By Sir Frederick Pollock, Bart. Macmillan and Co., Ltd., London and New York, 1896.

A Preliminary Treatise on Evidence at the Common Law. Part I. By James Bradley Thayer. Little, Brown and Co., Boston, 1896.

A Tabular Précis of Military Law. By Captain A. D. Furse. Macmillan and Co., Ltd. London and New York, 1896.

The Institutions of Italy. By John P. Coldstream. Arch. Constable and Co., Westminster, 1896.

Croake Fames's Curiosities of Law and Lawyers. New Edition. Sampson Low, Marston, and Co., Ltd., London, 1896.

Cassell's Family Lawyer. Part I. Cassell and Company, Ltd., London, Paris, and Melbourne, 1896.

Emmet's Notes on Perusing Titles. Second Edition. Jordan and Sons, Ltd., 1896.

Principes du Droit des Gens. By Alphonse Rivier. Rousseau, Paris, 1896.


Taswell-Langmead's English Constitutional History, from the Teutonic Conquest to the Present Time. Fifth Edition. Revised throughout with Notes by PHILIP A. ASHWORTH of the Inner Temple, Barrister-at-Law. London : Stevens and Haynes. 1896.

The death of Mr. C. H. E. Carmichael, M.A., in March, 1895, the talented editor of a work written by his former colleague and college companion, Professor Taswell-Langmead, had left it unprovided with a foster parent to direct its course and progress. The publishers, as we learn from the Preface to this edition, have entrusted Mr. Ashworth, a pupil of Professor von Gneist, with the honour and responsibility of editing this valuable book, who, whilst leaving the original text of the author untouched, has deemed it desirable to cancel several purely historical notes of Mr. Carmichael, together with his Appendix ; but on the other hand, Mr. Ashworth has added an appendage to the text at the end, briefly reviewing the more recent legislative enactments, as they affect the development of the Constitution. The result of this is that the new edition is less in volume, in respect both of matter and bulk. This undoubtedly has its advantages for the student, but we miss the long and valuable notes, which the genius of Mr. Carmichael delighted to impart to his reader whenever a cognate subject in the text offered an occasion. The loving care of Mr. Carmichael is missing ; but Mr. Ashworth had undoubtedly right on his side when he eliminated these interesting and learned notes from a work on English Constitutional History. It is but perfuming the rose and gilding the lily to praise Taswell-Langmead's work -a work universally recognized as the leading text-book on the subject in modern times, and which the new editor appears to have collated with success, and to have brought successfully down to date. We should, however, remark that at page 157, with regard to the institution of Coroners, he permits the statement to continue, that that officer was first created in 1194, neglecting to acquaint the reader that the researches of Dr. Charles Gross, published in Select Cases from the Coroners' Rolls by the Selden Society, throw much doubt on the above statement, and suggest that Coroners existed long before the date in question ; for example, the citizens of Norwich claim to have appointed such officers in the reign of Stephen.

Coote's Common Form Practice and Tristram's Contentious Practice of the High Court of Justice in granting Probates and Administrations. Twelfth Edition. By THOMAS HUTCHINSON TRISTRAM, Q.C., D.C.L. The Common Form portion revised by HENRY A. JENNER, Chief Clerk, Personal Application Department, Principal Probate Registry, Somerset. London: Butterworth and Co. 1896. .

The Finance Acts of 1894 and 1896, together with the Colonial Probate Act of 1892, and the late decisions on the Contentions and Common Form Practice, have necessitated a new edition of this well-known work. Dr. Tristram has had a difficult and responsible task in his revision of the work, and we unhesitatingly pronounce the present edition to be a success. Those who are unaccustomed to the difficulties of Probate and Administration, can hardly realize the labour which has been expended on these pages. The work may roughly be divided into four parts: first, the Practice in Common Form on granting Probates and Administrations ; secondly, the Common Form Practice on Motions and Summonses; thirdly, Contentious business; and fourthly, an Appendix containing the Statutes relating to the subject from 1837 to the present year, Rules, Forms, and Orders for the Principal Registry, Probate and Administration Duties, Forms used in the Probate Division, Bills of Costs, Rules and Fees. It is interesting to note that the conditions, under which the practice called Common Form was formed and founded, were first set forth in The Law Magazine (1855), Vol. LIII., p. 1, and Vol. LIV., p. 110, and in The Law Magazine and Review (1856), Vol. I., p. 252.

Harris's Principles of the Criminal Law. Seventh Edition. By CHARLES L. ATTENBOROUGH, of the Inner Temple and of the Midland Circuit, Barrister-at-Law. London : Stevens and Haynes. 1896.

The seventh edition of this well-known work requires little notice. Since the present editor has had the book in hand, it has been carefully and successfully edited; we find an entire absence of those unfortunate blunders to which we drew attention when we reviewed the edition of the previous editor. The Prevention of Cruelty to Children Act, 1894, the Summary Jurisdiction (Married Women) Act, 1895, and parts of the Sale of Goods Act, 1893, referring to the restitution of stolen goods have been added in their proper places, and in all other respects the work has been carefully annotated up to date, save, we notice at p. 301, respecting the University Court at Cambridge, that the statute passed in 1894 (57 and 58 Vict., c. lx.) to amend the law relating to the jurisdiction of the authorities of that University is not quoted. But since the omission depends on the inadvertence of the editor to a Local Act only, the fault is very excusable.

A First Book of Jurisprudence for Students in the Common Law. By Sir FREDERICK POLLOCK, Bart., Barrister-at-Law, M.A. London and New York: Macmillan and Co. 1896.

This book is designed for those students who intend to enter upon the study of the Common Law, that is to say, for those who propose to become lawyers in the true sense of the word. It is useless to men who set out with the design of becoming solicitors, whose faith is bound up between the four corners of an Act of Parliament, Rules of the Supreme Court Practice, and Bills of Costs. Nor is it intended for those aspirants to the Bar, whose minds do not rise above practice in Criminal Courts, or the patrimony of family briefs. It is intended for the University man, who desires to acquaint himself with the principles of Law, as introductory to plunging hereafter into the deep waters of Jurisprudence. The book is academic. It discusses the nature and meaning of law, the subject matter of law, claims of persons on persons, relation of obligations to property, sources of English law, case law and precedents, et similia. It is a useful work, and pleasant reading.

A Preliminary Treatise on Evidence at the Common Law. Part I. Development on Trial by Jury. By James Bradley THAYER, Weld Professor of Law, Harvard University. Boston: Little, Brown & Co. 1896.

This is the first part of an interesting work; it deals with the older modes of trial, including Trial by Oath, by Ordeal, and by Battle; then Trial by Jury and its developments to the present day.

Written by an American jurist, we have the advantage of the history of trials, both in the United States and in our own country. It will be a surprise to many to hear of compurgators in our courts as late as 1824; such form of trial being abolished in 1833, while ordeal appears to have died out as early as 1214. It was forbidden by the Fourth Lateran Council in the following year; Henry III. informing his judges cum prohibitum sit per Ecclesiam Romanam judicium ignis et aqua.

The Jerrish Law of Divorce according to Bible and Talmud with some references to its development in Post-Talmudic times. By DAVID

« PreviousContinue »