The Origin and Growth of the English Constitution. Part II. By HANNIS TAYLOR. Boston and New York: Houghton, Mifflin & Co.; London: Sampson Low, Marston, Searle & Rivington. 1898. xliv and 645 PP. THE first volume of Mr. Hannis Taylor's laborious work, which appeared some time ago, and was duly noticed in the LAW QUARTERLY REVIEW, dealt with the origin and growth of the English Constitution. To quote the author, 'the attempt was made to draw out as one unbroken story that marvellous process of change and of growth through which the English constitutional system passed during the period intervening between the Teutonic conquest and settlement of Britain and the end of the fifteenth century.' The second volume carries the story on to the present day. It is divided into four books, which treat respectively of the York and Tudor Monarchy, the Stuarts and the Puritan Revolution, the Restoration and the Revolution of 1688, and the growth of the Modern Ministerial system. Under these general headings practically every subject in any way connected with the constitution finds a place. Indeed, it is not always easy to discover what Mr. Taylor means by constitutional history. The last chapter, which deals with such problems as the Poor Law, the Educational system, and Local Government, is perhaps one of the most interesting, inasmuch as Mr. Taylor has brought his subject more completely up to modern times than most historians. In a compilation of this description it is perhaps scarcely possible to keep thoroughly abreast of the most recent work, or to refer to many original authorities. Though Mr. Taylor's researches have been mainly confined to secondary authorities, they have evidently been of an extensive nature. He has read or consulted an enormous number of books, to which he gives careful and ample references. More use might perhaps have been made of foreign research; for instance, with reference to the publication of debates the records of the École des Chartes should have been consulted. Finally, we hope that when Mr. Taylor brings out a new edition of his second volume he will take that opportunity of correcting the numerous small faults of style and grammar which are scattered broadcast over his pages. Split infinitives, and whiches' and the like are both annoying to the reader and unworthy of the author of a meritorious, conscientious and comprehensive work. By FRANCIS A. STRINGer. 1899. 8vo. 139 pp. (58.) Practice on the Summons for Directions. London: Sweet & Maxwell, Lim. WHEN machinery is as complex and delicate as that of our present High Court procedure the introduction of fresh wheels is sure to cause some derangement, and this is what has happened with the new Summons for Directions. It has not been adjusted with quite enough care to the various points at which it comes in contact with the existing machinery. But the principle of it is sound-that is the important thing-and it will work smoothly in time. Hitherto it has been too much the practice to launch an action and let it drift. Now the plaintiff must define his legal course— or get it defined for him by the master-and then steer straight for it. Then, instead of a succession of summonses on interlocutory matters all are comprehended in one application, as far as the necessities of the case can be foreseen in other words, the Court has the moulding of the action from the outset-from writ to trial-in its hands through the medium of an experienced official, and the discretionary jurisdiction is practically unlimited; for, as Mr. Stringer points out, the Court of Appeal severely discountenances appeals from Chambers on disputed points. This is attended with some inconveniences while the practice is unsettled: for there are many thorny points for the practitioner: but in truth a book like this of Mr. Stringer -a master of practice-does more to rationalize and settle the practice than many decisions of the Court of Appeal, and we should imagine that there would be few practitioners who would care to be without the book at their elbow. A Treatise upon French Commercial Law and the Practice of all the Courts, with a Theoretical and Practical Commentary and the Texts of the Laws relating thereto, including the entire Code of Commerce, &c. By LEOPOLD GOIRAND. Second Edition. London: Stevens & Sons, Lim. 1898. 8vo. vi and 894 pp. (20s.) M. GOIRAND published the first edition of this book in 1880. In the present edition he has brought it up to date. By a curious oversight there is no table of contents, but a glance over the appendices shows that the author has kept his promise of completing his book with recent legislation. The following are the subjects dealt with: Companies, Stock Brokers, Cheques, Loans and Pledges, Bonded Warehouses, Bills of Exchange, Stamp Duties, Maritime Law, Common Carriers, Agency, Bankruptcy, Trade Marks and Patterns, and Patents. A valuable addition to the work is a glossary giving the meaning of the French words which have been left untranslated for want of exact English equivalents. We have noticed a few oversights, such as (p. 862) 'Divorce has been abolished by the law of 1816, but judicial separation can still be resorted to.' This was true in 1880. A new Act has since then re-legalized divorce. The author seems also unaware that such a word as surestaries has a practically exact English equivalent in demurrage. Knowledge of such words as ' assets' and 'audit' would have helped him over some roundabout explanations. As the author anticipates that a third edition may become necessary and invites suggestions, we may say that the book might be much improved by extending and improving the glossary which is a really valuable part of the work, notwithstanding the one or two faults we have observed. We have also received: for Indian Students. By London: Wildy & Sons. been much improved in The Science of Jurisprudence, chiefly intended Sir W. H. RATTIGAN, Q.C. Third Edition. 1899. 8vo. xii and 440 pp.-This book has appearance and handiness. The fact of a work dealing with such abstract matters having reached a third edition is evidence enough of its usefulness for the students, mainly Anglo-Indian, to whom it is addressed. We still think that the learned author Romanizes and Germanizes too much. Thus we read at p. 144:-'Possession ceases as soon as one of the elements which have been declared to be necessary for its constitution has ceased to be operative.' Whether more or less reasonable than this, the rule of the Common Law is quite different possession once established does not depend on the continuance of all the conditions, but can be lost or determined only in one of certain definite ways. If the Roman and not the Common Law rule is understood to prevail in British India, we should like to know why. Turning to pure Roman Law, we are still in doubt whether Sir W. Rattigan does or does not intend to maintain contra mundum Savigny's old derivation of the Stipulation from Nexum. A fuller table of contents is in our opinion desirable. The Law of Succession, Testamentary and Intestate. By W. S. HOLDSWORTH and C. W. VICKERS. Oxford: B. H. Blackwell; London: Stevens & Sons, Lim. 1899. 8vo. xiv and 311 pp. (108. 6d.)—This book is intended for the use of students. The authors expressly disclaim any intention of writing for the practising lawyer. To quote the Preface, the book omits much of the detailed application of those principles to be found in innumerable decided cases. It omits parts of the subject which seem to fall more naturally under other branches of the law, or to be unsuited to the needs of students. Thus it neither attempts to treat of those topics which fall within the domain of Private International Law, nor of those parts of the law which deal with the construction of wills and with the Death Duties.' But, notwithstanding these limitations, Messrs. Holdsworth and Vickers have contrived to get a substantial part of the law of the subject into a small space. There are chapters on the Execution and Revocation of Wills; the Capacity of Testators; Legacies; Unlawful Dispositions by Will; Intestate Succession; Executors and Administrators; and Probate Jurisdiction and Procedure. There is also a useful Appendix of Probate Forms; and recent cases are mostly accounted for. Notwithstanding the authors' modest disclaimer we think that even the practising lawyer may find much that is useful in the book. It should be noted that the references to Pollock and Maitland's History of English Law are to the first edition. English Patent Law: its History, Literature, and Library. By E. WYNDHAM HULME. London: Library Bureau, Lim. 1898. 8vo. 14 pp.In these fourteen pages Mr. Hulme has written an interesting and lucid account of the history and literature of English Patent Law. He shows that the system is of quite respectable antiquity, its inception apparently being a commission granted to one Thomas Lodge in 1561 in connexion with the improvement in the standard of the coinage. Mr. Hulme defends the monopoly system against the strictures passed upon it, and shows that the growth of the system was largely responsible for the great industrial revival that occurred in Elizabeth's reign. Under its influence many languishing trades prospered; and the increase in the number and importance of inventions was directly traceable to the system. Among other important events of the early days of monopolies Mr. Hulme mentions the introduction of the fire engine as a means of raising water, and of pumping engines in mines. Mr. Hulme briefly traces the vicissitudes of the system under the Stuarts and during the Commonwealth. The second (and longer) part of the pamphlet is devoted to the publications and history of the Patent Office-subjects with which Mr. Hulme is specially competent to deal. The Principles of Bankruptcy, embodying the Bankruptcy Acts 1883 to 1890, and the leading cases thereon, &c. By RICHARD RINGWOOD. Seventh Edition. London: Stevens & Haynes. 1899. 8vo. xxxiv and 391 pp. (108. 6d.)-This book is intended chiefly for the use of students. It contains a good deal of well-arranged information in a small space and is not beneath the notice of the practitioner. The preface states that about a hundred new cases have been referred to in this edition; additional notes have been made to the pages on Bills of Sale; and the Index has been thoroughly revised. The fact that a seventh edition is called for says much for the utility of the work. Ruling Cases: arranged, annotated, and edited by ROBERT CAMPBELL. With American Notes by IRVING BROWNE. Vol. XVII. Manorial RightMistake. London: Stevens & Sons, Lim.; Boston, Mass.: The Boston Book Co. 1899. La. 8vo. xxiii and 884 pp. (258. net.)-This volume carries us only from Man. to Min., for Mistake,' although inserted on the title-page, is dismissed with a forward reference to Payment by Mistake' and Rectification.' We do not understand how these two heads can be supposed to exhaust the subject. What is to become of such leading cases as Earl Beauchamp v. Winn and Cooper v. Phibbs Master and Servant' (wherein Allen v. Flood is abridged and very meagrely noted) and Mines and Minerals' occupy rather more than three-fourths of the volume. The other subjects dealt with are 'Manorial Right,' 'Marriage' and 'Merger.' Précis de Droit International Privé. By FRANTZ DESPAGNET. Third Edition. Paris: Librairie de la Société du Recueil Général des Lois et des Arrêts. L. Larose. 1898. 8vo. 791 pp. (10 fr.)-That this Précis of Private International Law has reached a third edition is evidence that it fulfils its purpose well, and though it is intended only as a text-book for the use of French students, it shows such wide reading on the subject that it will be found useful as a general digest by everybody called upon to deal with the subjects of which it treats. It has the defect of so many French books of being unprovided with an index, and in the case of a book like the present one, in which facts play so important a part, the want is particularly to be regretted. The chapter entitled Théories préliminaires gives a most interesting account of the growth of Private International Law in France, and, somewhat condensed, it might form an interesting monograph in English. Code civil de l'empire du Japon. Livres I, II and III. Traduction par I. MOTONO, M. TOмII. Paris: Larose. 1898. La. 8vo. xiv and 171 pp. -The translators of this instalment of the Japanese Civil Code regret that want of time has prevented them from adding notes, except for the explanation of some specially Japanese terms, or references to Western codes. We regret it also, for the result of this total want of apparatus criticus is to make the comparative study of the Code practically impossible for European. readers who are not exceptionally familiar with the leading continental systems, and able to dispose of an exceptional amount of leisure. Every Man's Own Lawyer: a handy book of the Principles of Law and Equity. By a BARRISTER. Thirty-sixth Edition, carefully revised, including the Legislation of 1898. London: Crosby, Lockwood & Son. 1899. 8vo. xvi and 736 pp. (68. 8d.)-We have nothing to add to our comments on former editions of this work, except that the motto on the false title-page is more appropriate than it was intended to be. The Elements of Roman Law Summarized, a concise digest of the matter contained in the Institutes of Gaius and Justinian. By SEYMOUR F. HARRIS. Third Edition, revised. London: Stevens & Haynes. 1899. 8vo. xi and 212 pp. The Student's Guide to Prideaux's Conveyancing. By JOHN INDERMAUR. Fourth Edition founded on the seventeenth edition of Prideaux. London: Geo. Barber. 1899. viii and 124 pp. Goodeve's Modern Law of Personal Property. Third Edition, revised and partly re-written by JOHN HERBERT WILLIAMS and WILLIAM MORSE CROWDY. London: Sweet & Maxwell, Lim. 1899. La. 8vo. lvii and 466 pp.-Review will follow. The Revised Reports. Edited by Sir F. POLLOCK, assisted by R. CAMPBELL and O. A. SAUNDERS. Vol. XXXVIII, 1832-1834 (7 Bligh, N. S.; 1 & 2 Knapp; Cooper temp. Brougham; 6 Simons; 4 Barn. & Adol.; I Nev. & Manning; 10 Bingham; 3 & 4 Moore & Scott; 1 Cr. & Meeson; 3 Tyrwhitt; 5 Car. & Payne). London: Sweet & Maxwell, Lim. Boston, Mass.: Little, Brown & Co. 1898. La. 8vo. xv and 873 pp. (258.) The Annual County Courts Practice, 1899. Edited by WILLIAM CECIL SMYLY, Q.C., Judge of County Courts. Two vols. London: Sweet & Maxwell, Lim.; Stevens & Sons, Lim. 1899. 8vo. Vol. I, xxxiii and 1092, Vol. II, xv and 543 pp. (258.) The Student's Guide to the Principles of Equity. By JOHN INDERMAUR and CHARLES THWAITES. Second Edition. London: Geo. Barber. 8vo. viii and 136 pp. (58.) A Treatise on the Law of Easements. By CHARLES JAMES GALE. Seventh Edition. By G. CAVE. London: Sweet & Maxwell, Lim. La. 8vo. xxvii and 609 pp.-Review will follow. Principles of the Criminal Law. By SEYMOUR F. HARRIS. Eighth Edition. By CHARLES L. ATTENBOROUGH. London: Stevens & Haynes. 1899. 8vo. xliii and 580 pp. The Law of Principal and Surety. By S. A. T. ROWLATT. London: Stevens & Haynes. 1899. 8vo. xlv and 350 pp. Journal of the Society of Comparative Legislation. Edited for the Society by JOHN MACDONELL, C.B., and EDWARD MANSON. New Series, No. I. March, 1899. London: John Murray. 8vo. xvi and 197 pp. (58.) The Law of Inebriate Reformatories and Retreats, comprising the Inebriates Acts, 1879 to 1898, with notes, &c. By WYATT PAINE. London: Sweet & Maxwell, Lim. 1899. 8vo. xxxvii and 226 pp. (68.) The Solicitor's Clerk. By CHARLES JONES. Fifth and revised edition. London Effingham Wilson. 1899. 8vo. 260 pp. 260 pp. (28. 6d. net.) Lectures on the Fourteenth Article of Amendment to the Constitution of the United States, delivered before the Dwight Alumni Association, New York. April-May, 1898. By WILLIAM D. GUTHRIE. Boston: Little, Brown & Co. 1898. xxviii and 265 pp. The Economic Foundations of Society. By ACHILLE LORIA. Translated from the Second French edition by LINDLEY M. KEASBEY. London: Swan Sonnenschein & Co., Lim. 1899. 8vo. xiv and 385 pp. (38. 6d.) The Powers, Duties, and Liabilities of Executive Officers. By A. W. CHASTER. Fifth Edition. London: Stevens & Haynes. 1899. 8vo. xliv and 277 pp.-Review will follow. Notes on Perusing Titles, containing practical observations on the points most frequently arising on a perusal of titles to real and leasehold property. By LEWIS E. EMMET. Fourth Edition. London: Jordan & Sons, Lim. 1899. 8vo. xliv and 396 pp. (108. net.) The Editor cannot undertake the return or safe custody of MSS. |