Imatges de pàgina
PDF
EPUB

gamenesses or similarities must be repeated toties quoties. A Table of Contents is subjoined to each volume: but would not the accommodation of the reader have been better consulted by incorporating them? The work, as it appears to us, contains valuable materials for an history and explanation of the law of Titles, and as such will be found acceptable to any gentleman of the profession who has so. useful an undertaking in view; and it will also furnish precedents and authorities to the practising lawyer. If, however, Mr. Wood had reduced the size of his production, and had exercised the judgment necessary for a selection, instead of merely the diligence requisite for a compilation, he would have consulted his reputation more, and conferred an higher obligation on the public.

The first volume reaches from the year 1650 to 1714; the second extends from the beginning of the reign of George I. to the end of the following reign; the third from the beginning of the reign of his present Majesty to the year 1776; and the fourth includes the period from 1776 to 1797.

S.R. Art. 28. The Crown Circuit Companion; containing the Practice at the Assizes on the Crown Side, and of the Courts of General and General Quarter Sessions of the Peace, also of Oyer and Terminer, for London and Middlesex: including a Collection of useful and modern Precedents of Indictments and Informations in Criminal Cases, as well at Common Law as those created by Statute; wherein likewise so much of the Common and Statute Law is set forth, as to shew the several Offences, the Offender's Punishment; and in what Cases Felons are to have or not to have the Benefit of Clergy; with References to the printed Authorities. To which are added, The Clerk of Assize's Ĉircuit Companion, with Tables of Fees of the Officers belonging to the Judges, the Clerks of Assize, and Associates on the several Circuits; and also the Duty of the Sheriffs and their Officers, &c. The Seventh Edition, considerably enlarged and improved, with Additional References to modern Authorities. By Thomas Dogherty of Clifford's-Inn. 8vo. pp. 880. Tos. 6d. Boards. Brooke. 1799.

We have transcribed the whole of this circumstantial title-page, because it gives a fair view of the contents of the large and useful volume accompanying it; which was originally published in 1739 by Messrs. Stubbs and Talmash; and repeated impressions of which have since been demanded by the profession, from an experience of its usefulness and accuracy. To the present edition, many important additions have been made, both in the Precedents, and in that part of the work which is entitled the Doctrine of Indictments: indeed, so much necessary information is conveyed in every page, that it may with propriety be considered as a Vade Mecum to every gentleman who attends a circuit or sessions.

Art. 29. The Reports of the Most Learned Sir Edmund Saunders, Knt. late Lord Chief Justice of the King's Bench, of several Pleadings and Cases in the Court of King's Bench in the Reign of King Charles the Second. With Three Tables; the First of the Names

S.R.

of

of the Cases: the second, of the Matters contained in the Pleads ings; and the Third, of the Principal Matters' contained in the & Cases. The Third Edition, with Notes and References to the Pleadings and Cases, by John Williains, Serjeant at Law. Royal Sv. 2 Vols. Vol. 1st. 185. Boards. Cadell jun. and Davies. 04909.

These reports were originally published in Law French in the year1686, and in 1722 they were re-printed, with a translation of the cases, but not of the entries. The work has always been greatly esteemed by the profession, because the decisions are principally on points of pleading, and are reported in a clear and concise manner. The entries, which are now first translated from the Latin, are in general very good; and they particularly merit attention, because objections were made to several parts of them, which were discussed and decided, and those decisions have been in a great measure observed from that time; a circumstance which renders the present publication a valuable collection of precedents, as well as of reports.

Mr. Williams has not only translated the entries into English, but has in many instances subjoined notes; in which he has explained, from authorities, the grounds and principles on which the rules of pleading are founded.. He has also in several cases illustrated those rules by practical examples, and has pointed out the difference, where any such exists, between the present mode of pleading and that which was adopted in the original entry. The value of the publication is likewise considerably enhanced by the learned serjeant having added notes to the cases, which contain judicious and discriminated observations, and most of the authorities both antient and modern.

In the course of our labours, we have had too many opportunities of remarking that law editors send works from the press with few alterations, and in course with very little improvements; there are however exceptions to this observation, which we have noticed with pleasure and in terms of commendation; we have not been insensible, to the merits of the anonymous editor of Plowden, nor to the highly valuable additions made to Peere Williams by Mr. Coxe. Among? these improved editions, we may now safely place the present work, which manifests in no common degree the learning, diligence, and j judgment of the editor. We look forwards with pleasure to the re-v maining volume, and shall resume our account when it makes its appearance.

Art. 30. A Treatise on the Law of Mortgages; the Fourth Edition, revised, corrected, and greatly enlarged; together with an Appendix, of Precedents. By John Joseph Powell, of the Middle Temple, Esq. Barrister at Law. 2 Vols. 8vo. pp. 1250 15. Boards. Butterworth. 1799.

S.R.

Though we by no means make it a constant practice to notice merely new editions of books, yet, when the additions or improve-A ments introduced are considerable, we think it a debt of justice tosi the author and our readers to mention such a circumstancer This.s reason has induced us to give a place to the fourth edition of the Ɔ Law of Mortgages: the first appeared in the year 1785, and an acREV. DEC. 1799.

I i

count

1

count of it was inserted in our 8oth volume, p. 69. To the present great accessions have been made, and the author has spared no pains to render his work as valuable as the nature of his subject would admit. This subject, too, is of very extensive concern, for there are few considerable estates in the kingdom, which have not at some time been bound in the legal fetters of mortgage.-As there is no circumstance in the alienation of property which more embarrasses the practical conveyancer, in relation to mortgages or purchases, than that which belongs to the application of purchase money, the author has judiciously introduced a new chapter on this important topic; and some new observations are added on the nature and use of outstanding terms.

Mr. Powell has on the present occasion considered the degree in which judgments attach on legal and equitable estates; which leads him to a discussion as to the instances in which a purchaser, with express notice of a judgment, is liable to execution awarded thereupon.-A modern adjudication, (observes Mr. P. in his preface,) in the court of Chancery having occurred, in which the doctrine before unanimously received, "that a purchaser for a valuable consideration may, in a court of equity, protect himself from any discovery, if he denies notice," has been considerably shaken; the author has been necessarily led by his subject into an examination of the founda tion of this rule, and the extent of its application.'

The nature and extent of the husband's right to incumber or assign the personal property of his wife, vested in trustecs, is also discussed in this work and a distinction is submitted by the author as prevailing between leasehold property and money so circumstanced. In this edition, are likewise inserted such cases as had before escaped Mr. Powell's researches, and such as have been since decided, relative to the subject of mortgages; and some precedents of mortgages are given by way of appendix.

Such are the additions and improvements that the reader may expect to find in this publication, which is increased from one to two 8vo. volumes; and in which may be discovered proofs of diligent inquiry and discriminating judgment, equal to those which we have observed in the other productions of this gentleman.

S.R. Art. 31. The Solicitor's Instructor in Parliament, concerning Estate Bills and Inclosure Bills, containing the standing Orders of both Houses of Parliament relative thereto, with plain and methodical Directions for passing such Bills; to which is added an Appendix of the various Forms of Proceedings, namely, Notices, Petitions, Orders, Breviats, Affidavits, Letters of Attorney, State of Property, Certificate, Tables of Fees to be taken by the Officers of both Houses of Parliament, and Bills of Costs, &c. By Charles Thomas Ellis, of the Inner Temple, Solicitor. 8vo. pp. 140. 38. Boards. Butterworth. 1799.

As it is frequently necessary to apply to parliament for the purpose of removing certain restrictions from estates, or of giving additional powers to tenants, which cannot be done by the ordinary judges either in common law or equity; and as applications are often made to parliament for power to inclose open fields; a collection of the

forms and an account of the method to be pursued on those occasions
promises to be useful to the profession. Such a compilation has not,
to our knowlege, hitherto been published; and the present work,
by collecting many points which are dispersed in various volumes,
and by inserting others which are not to be found in print, is calcu-
lated to prove a valuable addition to our books of practice.
Art. 32. Arrangement under distinct Titles of all the Provisions of the
several Acts of Parliament relating to the assessed Taxes. By
Steward Kyd, Esq. Barrister at Law. 8vo. PP. 420. 6s.
Boards. Butterworth. 1799.

This publication contains the substance of the following acts of
parliament the land-tax act for 1798, which, subject however to
redemption, is now, as to the assessment of real property, rendered
perpetual ;-the act continuing the assessment on personal property,
offices, and pensions, for the year 1799;-the land-tax redemption
act, with the five acts for altering and amending it ;-the two acts
of George II. by which a duty of five per cent. was imposed on
offices and pensions;-all the acts (nine in number) relating to the
duties on windows or lights, and on inhabited houses;-all the acts
(seventeen in number) relating to the duties on male servants, car-
riages, horses, and dogs;-and the four acts relating to the tax on
income. The provisions of these numerous statutes are arranged
under distinct titles, and the language of them is frequently abridged;
so that commissioners, and others, whose duty it is to put the acts
in execution, may receive ready assistance from this publication.
Art. 33. A Treatise on the Law of Awards: the Second Edition,
revised and corrected; with very considerable Additions from
printed and MSS. Cases: and an Appendix containing a Variety
of useful Precedents. By Stewart Kyd, Esq. Barrister at Law
of the Middle Temple. 8vo. pp. 600. Ios. 6d. Butterworth.

$799.

Mr. Kyd published the first edition of this work in 1791, and we noticed it in our ninth volume, N. S. to which account we refer our readers; observing only that the deficiencies which we then pointed out have now been supplied, that the treatise is considerably enriched by a variety of new cases, some of which are here reported for the first time, that alterations have taken place in the arrangement, and that some subjects are discussed which were before omitted.

POLITICAL, &c..

Art. 34. Reflections on the Perfectibility of Man; the Sovereignty of the People; indefinite Liberty; perfect Equality; and on the Princi ples of Mr. Necker. Translated from the German of M. Zimmerman. 8vo. 2s. 6d. Hamilton.

This small work manifests but little temper and calm discussion. It abounds rather with loose declamations than with reflections, and will rank the author with party political writers rather than with dispassionate philosophers. His praise and his condemnation are alike violent. All is imperfect in the French revolution, and all was

1i2

perfect,

S.R.

S.R.

S.R.

<

perfect, or nearly so, under the old government. While hell in wrath is said to have vomited up the revolutionary code,' and 'devils alone can explain it,' he informs us that power under Louis XVI. was not absolute in France, nor was any abuse made of it, but it was the ton and fashion of the day to declaim against it.' He says farther that all the evils at that time existing in France proceeded from the weakness of the royal authority, and not from despotism;' yet after this he gravely asks why the States-General in 1789 were suffered to commence their sittings by an infraction of the fundamental law of the state, viz. that which grants to the King alone, and without participation, the Legislative Power? Could Mr. Z. have better defined Despotism? Yet he contends that, though the King was sole legislator, or his will was the law, there was despotism in France; and that the royal authority was weak. We do not wonder that, when laying down such positions, he should disapprove of modern philosophy; it may have been prudent also to protest in time against modern sense; for, if there exists any philosophy or sense among the moderns, they must smile at such reasoning.

no

Mr. Necker is treated with great contempt, and both his principles and conduct are violently reprobated: but this is not done in a gentlemanly manner, and cannot make much impression on candid readers.

The principles mentioned in the title are not discussed;_ and we cannot subscribe to the opinion of the translator, that Mr. Z. is an able physician in his present prescription, designed to counteract certain political poisons.

The work seems imperfect, for we observe references to notes which are not to be found.

Mooy

Art. 35. The Power of Parliaments considered; in a Letter to a
Member of Parliament. By Henry Maddock, jun. Esq. of the
Honourable Society of Lincoln's Inn, late of St. John's College,
Cambridge. 2d Edit. 8vo. Is. 6d. Debrett. 1799.

This valuable tract was briefly noticed in our Catalogue for October last; and it is now again mentioned for the sake of informing our readers concerning the name of the writer, and of the bookseller ;-circumstances of which the first edition gave us no intimation.

Art. 36. Thoughts on the Interference of Great Britain with the Political Concerns of the Continent. 8vo. Is. 6d. Debrett, &c. 1799.

Flowery truisms often distinguish the works of young authors; by which criterion we should have judged this to be a juvenile production, had it not been announced as such. Simile is piled on simile, and metaphor on metaphor, in order to prove and illustrate the plainest and most indisputable observations; thus, to establish the position that war cannot be expected to be uniformly and unexcep tionably prosperous, we are told that we cannot anticipate that fortune will invariably hover round our standard, or that the path through which we have to pass will be strewed with roses and lilies, without our here and there meeting with the thorn and the thistle,

The

« AnteriorContinua »