Slike strani
PDF
ePub

Law Booksellers and publishers,
100 CHANCERY LANE, AND CAREY STREET, LONDON, W.C.
Law Reports, Law Journals, Weekly Reporter, Law Times, Statutes at Large, and Second-hand
Legal Text-Books, always in Stock at l'educed Prices. Libraries Valued and Purchased.

A Discount of 20 per cent, allowed off the published price of all New Books.

[ocr errors]

Four vols., Cloth. 2182 pp. 1849-1860. Price 155., postage is.
A SUMMARY OF THE ROMAN CIVIL LAW. Illustrated by Commentaries

on and Parallels from the Mosaic, Canon, Mohammedan, English, and Foreign Law. With an
Appendix, Map, and General Index. By P. Mac CHOMBAICH DE COLQUHOUN, Barrister-at-Law.

1879. Price 4s. 6d., postage 5d. HORTENSIUS: An Historical Essay on the Office and Duties of an Advocate. By W. FORSYTH, Q.C.

1890. Price 55., postage 6d. (Published at 255.) OUTLINE OF ROMAN HISTORY FROM ROMULUS TO JUSTINIAN.

Including Translations of the Twelve Tables, the Institutes of Gains, and the Institutes of
Justinian, with Special reference to the Growth, Development, and Decay of Roman Jurispru.
dence. By DAVID NASMITH, Q.C., LL.B., Author of the 'Institutes of English Law,' &c.,
&c.; Joint Translator of • Ortolan's History of Roman Law.'

Twelfth Edition, Crown 8vo, price 7s. 6d. Cloth, post free 6s. 4d.
THE STUDENT'S BLACKSTONE. Being the Commentaries on the

Laws of England of Sir William BLACKSTONE, Knight. Abridged and Adapted to the
Present State of the Law. Twelfth Edition. By R. M. N. KERR, M.A. Oxon, Barrister-at-Law.

Fourth Edition, Demy 8vo, price 20s. Cloth, post free 16s. 6d.
REDMAN AND LYON'S LAW OF LANDLORD AND TENANT, including

the Practice in Ejectment. With an Appendix containing the Agricultural Holdings Act, 1883,
with Explanatory Notes. By Joseph HawORTH REDMAN, Esq., Barrister-at-Law.

Just Published, Sixth Edition, Demy 8vo (1899), Cloth, 20s.

Steer's Parish Law.
Being a Digest of the Law relating to the Civil and Ecclesiastical Government of Parishes and the

Relief of the Poor. Sixth Edition.
By W. H. MACNAMARA, Assistant Master of the Supreme Court, Registrar of the

Court constituted under the Benefices Act, 1898

1

Twelfth Edition, Demy Svo (1898), Cloth, ki nis. 6d.
Roscoe's Digest of the Law of Evidence in Criminal

Cases.

TWELFTH EDITION. By A. P. PERCEVAL KEEP, Esq., of the Midland Circuit, Barrister-at-Law. 'To the criminal lawyer it is his guide, philosopher and friend. What Roscoe says most judges will accept without question. Every addition has been made necessary to make the digest efficient, accurate, and complete. -Law Times.

*. References to the provisions of the Criminal Evidence Act, 1898, have been inserted through. out the volume, and the Act itself printed in the Appendix of Statutes.

1

Now Ready, Demy 8vo, Cloth, 205.
The Magistrate's Annual Practice, 1899,
Being a Compendium of the Law and Practice relating to matters occupying the attention of Courts
of Summary Jurisdiction, with an Appendix of Statutes and Rules, List of

Punishments, and Calendar for Magistrates.
By CHAS. MILNER ATKINSON, Esq., Stipendiary Magistrate for the City of Leeds.

'Information is afforded, in the readiest manner possible, as to almost every conceivable offence with which magistrates are empowered to deal.'--Solicitors' Journal.

1

STEVENS & SONS, LIMITED, 119 & 120 CHANCERY LANE, LONDON.

SWEET & MAXWELL, LIMITED, 3 CHANCERY LANE, LONDON.

WILLIAM CLOWES & SONS, LIMITED,

Law Publishers and Booksellers.

[ocr errors]
[ocr errors]
[ocr errors]

WOLSTENHOLME'S CONVEYANCING ACTS. Now Ready, thoroughly Revised. Eighth Edition. Demy 8vo, cloth, 215. THE CONVEYANCING ACTS, 1881, 1882, AND 1892; the Vendor and

Purchaser Act, 1874; the Land Transfer Act, 1897, Part 1; the Land Charges Registration and Searches Act, 1888; the Trustee Acts, 1888, 1889, 1893, and 1894 ; the Married Women's Property Acts, 1882 and 1893; and the Settled Land Acts, 1882 to 1890. With Notes and Rules of Court. By Edward PARKER WOLSTENHOLME, M.A., of_Lincoln's Inn, Barrister-at-Law, one of the Conveyancing Counsel of the Court; Wilfrid BRINTON, M.A., of the Inner Temple, Barrister-at-Law, one of the Examiners of Title under the Land Transfer Rules, 1898; and BENJAMIN LENNARD CHERRY, LL.B., of Lincoln's Inn, Barristerat-Law.

Now Ready. Demy 8vo, cloth, 30$. ; cash price, 245. (postage 7d.). THOMSON'S COMPENDIUM OF MODERN EQUITY. Primarily for the

use of Practitioners in the Chancery Division-also for Bar Students and Candidates for Honours at the Law Institution. By ANDREW THOMSON, B.A., LL.D., Barrister-at-Law; formerly Lecturer on Equity to the Incorporated Law Society ; and afterwards Professor of Equity to the Inns of Court, Author of a Treatise on the Equity Practice of the County Court (with Precedents).

Now Ready. Fourth Edition, Revised. Demy Svo, cloth, price 18s. SCRUTTON'S CHARTER-PARTIES. The Contract of Affreightment as

expressed in Charter-Parties and Bills of Lading. By T. E. SCRUTTON, M.A., LL.B., of the Middle Temple, Barrister-at-Law, Author of The Merchant Shipping Act, 1894,'. The

Law of Copyright,' &c. As a practical and accurate work it would be difficult to improve upon it.' -- Law Times. "Mr. Scrutton has written a book which will supply a want which has long been felt.'--Saturday Review.

Demy 8vo, cloth, 215. POLEY'S LAW AFFECTING SOLICITORS. A Treatise on the Law

affecting Solicitors of the Supreme Court. By Arthur P. Poley, B.A. (late Scholar of St. John's College, Oxford), of the Inner Temple and Midland Circuit, Barrister-at-Law. With Appendix containing the Statutes bearing on the subject. * The author has done his work well, and we hope solicitors will appreciate his efforts.'-Law Students' Journal.

Second Edition. Demy 8vo, cloth, ios. 6d. FRIENDLY SOCIETIES (The Law relating to). Comprising the Friendly

Societies Act, 1896, and the Collecting Societies and Industrial Insurance Companies Act, 1896 ; together with an Appendix, containing Model Rules and the Forms appended to the Treasury Regulations, 1897. By F. BADEN FULLER, B.A. (Oxon.), of the Inner Temple,

Barrister-at-Law. We can thoroughly recommend the publication to the chief and district officials of all Friendly Societies." Friendly Societies. Recorder.

Demy Svo, cloth, 12s. 6d. THE STOCK EXCHANGE (The Law and Practice of). With Appendices.

Containing the Rules and Regulations annotated, and Forms of Instruments accompanying a Mortgage of Securities. By B. E. SPENCER BRODHURST, M.A., B.C.L., of the Inner Temple, Barrister-at-Law. 'Mr. Brodhurst's volume is one that we can cordially recommend.'--Financial News.

Second and greatly improved Edition. Demy 8vo, cloth, 6s. TABLE OF THE ENGLISH DEATH DUTIES. . Showing at a glance the

incidence of the English Death Duties (the Probate, Legacy, Succession, Account, the Temporary Estate Duties, and the Estate Duties under the Finance Acts, 1894 and 1896), with reference to the sections of Statutes imposing them, the Forms used in their payment; and at what date of death each or any become payable. With various useful notes and references to decisions. Designed as a means of easy and quick reference to these complicated Duties. By E. Harris, of the Legacy and Succession Duty Department, Somerset House.

Third Edition, revised. Demy 8vo, cloth, 155. SCRUTTON'S LAW OF COPYRIGHT, including the American Copyright

Act, the Berne Convention, the Consequent Order in Council, and Cases to Date; also Reference to, and Explanation of, the Customs Act of 1876, relating to the Importation of Pirated Editions of English Copyright Books by the British Colonies. By Thomas EDWARD SCRUTTON, M.A., LL.B., Barrister-at-Law, Author of · The Merchant Shipping Act, 1894,'

Charter-Parties and Bills of Lading,' &c., and Lecturer in Common Law to the Incorporated Law Society. We think it is not only the easiest, but the most useful and practical work on copyright.'-Law Qua terly Review.

Demy 8vo, cloth, ios, 6d. FLATS (the Law Relating to), for Residential or Business Purposes, including

the Taxation and Rating thereof. With an Appendix .of Precedents, Leases, Forms, and a Digest of Cases relating to the Inhabited House Duty. By WALTER CLODE, Barrister-atLaw, of the Inner Temple, Associate of the Surveyors’ Institution, Author of “The Law and Practice of Petition of Right.' Mr. Clode's work will be a welcome addition to the architect, surveyor, and estate agent's legal library.'Building News.

LONDON: WILLIAM CLOWES & SONS, LIMITED, 27 FLEET STREET, E.C.

NOW READY. In Sixteen Volumes, Royal 8vo. Price, cloth, £20;

or bound in half dark calf, gilt top, £23.

(For cash with Order, cloth, £16. Half-calf, £19.)

[blocks in formation]

T

HIS, the most important Law Work ever undertaken in England, is

not only an amalgamation, but a thorough revision of the well-known 'Fisher's COMMON Law Digest' and 'CHITTY's Equity Index,' and forms a complete Digest of all reported Decisions down to the end of the year 1897.

FIRST ANNUAL SUPPLEMENT (1898), cloth, 15s.; for cash, 12 s.

Lists of Cases followed, overruled, questioned, &c., have been omitted from this Digest, but the Publishers intend to bring out a New Edition of Dale and Lehmann's Overruled Cases,' by W. A. G. Woods and J. Ritchie, Barristers-at-Law.

[ocr errors]

STEVENS & SONS, LIMITED, 119 & 120 CHANCERY LANE, LONDON.

THE

LAW QUARTERLY

REVIEW.

No. LIX. July, 1899.

NOTES.

HOME of our readers and correspondents appear to have over

looked the notice as to the change in our date of publication which appeared in the January number. We therefore beg to repeat that the Law QUARTERLY REVIEW is now—for the reasons of convenience then stated issued on the fifteenth day of the month of which it is dated.

The effect of the two decisions of the Court of Appeal in the picketing case of Lyons v. Wilkins, '96, 1 Ch. 811, '99, 1 Ch. 255, has been to add a new auxiliary jurisdiction by way of injunction, in aid of a criminal statute, to the sufficiently various duties of the Chancery Division. See Charnock v. Court, '99, 2 Ch. 35. We cannot discuss in the compass of a brief note whether this is on the whole a good thing or not, but we do not believe it was in the contemplation of Parliament when the Conspiracy and Protection of Property Act, 1875, was passed.

'If a judgment is pronounced by a foreign Court over persons within its jurisdiction and in a matter with which it is competent to deal, English Courts never investigate the propriety of the proceedings in the foreign Court, unless they offend against English views of substantial justice. ... There is no doubt that the Courts of this country will not enforce the decisions of foreign Courts which have no jurisdiction in the sense above explained, i.e. over the subject-matter or over the persons brought before them. But the jurisdiction which alone is important in these matters is the competence of the Court in an international sense, i.e. its territorial competence over the subject-matter and over the defendant. Its competence or jurisdiction in any other sense is not regarded as material by the Courts of this country.'

These words from the admirable judgment of Lindley M.R.

[blocks in formation]

exactly sum up the effect of Pemberton v. Hughes, '99, 1 Ch.781, 68 L. J. Ch. 281, C. A., which we understand will not be the subject of a further appeal.

Pemberton v. Hughes will be a leading case. It carries out to its full and legitimate result the principle implied in, if not absolutely established by Vanquelin v. Bouard (1863) 15 C. B. N. S. 341, and Doglioni v. Crispin (1866) L. R. 1 H. L. 301, viz. that where the Courts of a foreign country have according to the principles maintained by English tribunals jurisdiction to pronounce judgment upon a given matter and between the parties whose interests are involved, i. e. are, from an international point of view, Courts of competent jurisdiction, a judgment by a Court of that country will be in England treated as conclusive even though the judgment may be grounded upon some mistake of the Court as to municipal procedure or law. The logical maintenance of this principle no doubt may occasionally lead, as pointed out by the Master of the Rolls, to the apparently paradoxical result that the decree of a foreign Court is here treated with more respect than it is entitled to in the country where it was pronounced. But the paradox is merely apparent, and the doctrine stated with singular clearness in Pemberton v. Hughes is a legitimate application of what has been termed the principle of effectiveness (see Dicey, Conflict of Laws, p. 40).

[ocr errors]

The Royal College of Surgeons must, it appears, as far as the Court of Appeal can decide the matter, pay the so-called corporation duty (In re Royal College of Surgeons of England, '99, 1 Q. B. 871, 68 L. J. Q. B. 613, C. A.) imposed by the Customs and Inland Revenue Act, 1885 (48 & 49 Vict. c. 51), s. 11, whilst the Institution of Civil Engineers (Inland Revenue Commissioners v. Forrest (1890) 15 App. Cas. 334) is not liable to the tax. We have little doubt that the decision of the Court of Appeal, consisting of such judges as A. L. Smith, Collins, and Romer L.JJ., is right, and we have equally little doubt that the members of the College of Surgeons feel that they have a grievance. What ground of national policy can there be for giving greater immunities to the Institution of Civil Engineers than to that equally respectable and far more useful body, the College of Surgeons ? Though the decision of the Court is, we incline to believe, right and justified by the wording of the enactment on which it is grounded, we confess that the line which divides the case of the Surgeons from that of the Civil Engineers is a very fine one, and the distinction between the two hard to justify on grounds of expediency.

« PrejšnjaNaprej »