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inordinate self-opinion. The game laws may be very bad, and transportation may be very good; but they will neither be written up, nor written down, by such compositions as this.
The Highway Act, 1862. With an Introduction. By H. A. Owston, Solicitor. London: Hamilton & Adams: Leicester: Crossley & Clarke. 1862. pp. 86.
MR. OWSTON'S little book is intended for the general public; it contains a description of the law up to the passing of the new Highway Act; an account of the reasons for the adoption of that measure; a statement of its principal provisions, its object and uses; the Act itself in extenso; and, finally, several appendices, containing useful information. We can say, for ourselves, that we have derived considerable advantage from Mr. Owston's labours.
The Bleach and Dyeworks Acts, with Notes, Forms, &c. By Henry C. Oats, Esq., Barrister-at-Law. Second Edition. V. & R.
Stevens, Sons & Haynes. 1863. pp. 60.
THE "Bleach and Dyework Acts," by Mr: Oats, is a Second Edition, incorporating the Bleachworks Act of 1862, which came into force on the 1st of January last. It seems to contain the requisite notes and information.
A Practical Treatise on the Law relating to Mines and Mining Companies. By Whitton Arundell, Attorney-at-Law. London: Lockwood. 1862. pp. 226.
So far as we are able to judge by a cursory perusal, which is all that we have been able to give to the whole of Mr. Arundell's book, we are of opinion that he has succeeded in his task. The chapter on the rights of water and way, which we have examined with more particularity, has given us satisfaction. We apprehend that both lawyers and laymen may consult the book with advantage. Analysis of American Law, presented in a Chart, with Explanatory Comments. By Joseph W. Moulton, Counsellor-at-Law. New York: John S. Voorhies. 1859.
THE title of this book explains its nature. It is an attempt to present the principles and leading features of American law in the form of a small chart, under the heads of Foundation, Superstructure, and Subdivisions. There are also sixty-eight pages of explanatory comments.
The Legal Examiner. Edited by Charles Henry Anderson, Solicitor.
No. II. Hilary Term, 1863. V. & R. Stevens, Sons, & Haynes. THIS little periodical deals with the education of solicitors, and is evidently earnest in its work. The first number seems to have sold
largely; the second, which is now before us, contains schemes for the education of articled clerks, some passages of which we subjoin, as we are always ready to help on any suggestion for the improvement of professional education.
"We propose that Law Classes should be established in London, and that it should be compulsory upon every Articled Clerk to attend them for the period of his Articles subsequent to the Intermediate Examination, for the purpose of being instructed in a regular course of legal knowledge. The pupil would there be told what to read, and by the aid of the careful explanation and assistance of the tutor, would have a chance of understanding what he had read."
"The classes should be under the supervision of young solicitors, who, having themselves passed with distinction, would, as in the case of tutors at the universities, be the men of all others most fitted for the post. Nor should these tutorships be mere empty titles. The payment by each pupil of a small sum per annum for his instruction would insure a very large income, which would be available for the salaries of the tutors, the creation of studentships, and other incidental expenses. In order effectually to raise the standard of legal knowledge, and at the same time to insure competent men for tutors, it will be necessary that the present final examination should have two divisions; one a simple pass examination, and the other for honours; the latter embracing not only the subjects of the former, but also additional ones, at the same time being with reference to the questions of a more searching nature; the time occupied would also be extended, and each candidate should in addition undergo a vivá voce examination. The result of this honour' examination should be made known by a division of the successful competitors into classes in order of merit, and honorary distinctions would be conferred in proportion to the merit thus displayed, the first in merit of each term receiving a studentship_tenable for three years, those below him prizes and certificates. It is from the ranks of these 'honour men' we would select the tutors. We also may observe that a portion of the pass examination should also be vivâ voce, and the total number of marks obtained by each successful candidate should be published, as is done in the case of examinations for the civil and other services."
"The Incorporated Law Society now has the control of professional education, and to them therefore application must first be made to assist in the development of this scheme. We have every reason to believe that this application would not be made in vain; should, however, the result be otherwise, it will then only remain for the profession at large, independently of the society, to take the matter in hand."
The Student's Guide to the University of Cambridge. Cambridge: Deighton, Bell & Co. 1863.
THIS is a severely practical little book, almost every page of which contains authoritative and useful information relating to the Uni
VOL. XIV.-NO. XXVIII.
versity of Cambridge. The precise difficulties which perplex the freshman and expose him either to the generous condescension of his seniors or drive him with hesitating steps to consult his great oracle, the college tutor, are here anticipated and explained with excellent discrimination by men of well-tried experience. The internal economy of the colleges, the disbursements to be made throughout the curriculum, the conditions upon which scholarships, fellowships, &c., may be obtained, the qualifications which candidates for college emoluments and honours must possess, the subjects assigned for the various examinations in divinity, arts, law, medicine, in fact, the whole information required by the undergraduate for the settlement of his plans — is given in a simple business-like manner. The book holds forth no higher pretension than that of being a reliable and intelligible guide. It consists of a series of twelve articles, contributed by different authors, each being responsible for his own. The high standing and personal experience of the contributors are quite sufficient to merit implicit confidence and respectful consideration. They write with the practical knowledge of men who have conducted the examinations which they describe and advise upon, and who have, either as students or private tutors, become familiar with the art of winning college distinction. Thus the Rev. W. M. Campion, B.D., Fellow and Tutor of Queen's College, describes the course of reading for the Mathematical Tripos. The Rev. H. Latham, M.A., Fellow and Tutor of Trinity Hall, contributes a most useful article on University Expenses; and J. K. Seely, Esq., M.A., on the Choice of a College. But we insert this notice of the Guide to Cambridge in the Law Magazine chiefly because of the paper on Law Studies and Law Degrees written by J. T. Abdy, LL.D., Regius Professor of Laws. The undergraduate who may have intention to proceed after taking his degree in arts or in law, to the Third University, would do well at the very onset to consult that chapter. It is marked by sound wisdom and excellent counsel. The comments on the Inns of Court examinations are just and impartial. We have no fault to find with the course of reading sketched out and recommended to the ambitious and high-minded student. The University of Cambridge offers not only opportunities, but valuable inducements, to prosecute the study of the law; and those who turn this to account must pass through an excellent preparation for the higher and wider rivalry of the Inns of Court. The learned professor is probably guilty of no exaggeration when he states, that "with reference to the Inns of Court examinations, both for admission to the bar and for the studentships, it is not asserting too much to say that the university student who follows out the plan of reading above sketched, and who obtains a place in the first class, ought, with the help of the lectures of the readers in London, and the technical knowledge acquired by one or two years' attendance at chambers, to look forward with certainty to a studentship in the Inns of Court."
Supplement to a Treatise on the Law of Merchant Shipping. By David Maclachlan, M.A., Barrister-at-Law. London: William
Maxwell. 1862. Pp. 80.
THIS small volume forms a supplement to the well-known and highly valuable Treatise on the Law of Merchant Shipping by Mr. Maclachlan. It consists of the Merchant Shipping Act Amendment Act 1862, and the Admiralty Court 1861, edited with Notes, and with the principal cases decided in Maritime Law since October 1860. The notes are not mere jottings on the various sections, but are exponent of the principles of the enactments. may refer, by way of example, to the valuable observations at pp. 55, 56, on the jurisdiction of the Court of Admiralty, and to the following note on the 4th section of the Admiralty Court Act, giving jurisdiction over claims for building, equipping, or repairing of ships:
"This is the first section extending the jurisdiction; does it also confer a lien ? To none more naturally and justly might this species of security be given if that had been the intention, since it is by their money that the ship exists as she is; and, indeed, at common law, for building and for repairs there is a lien. But in the supposition that the statute confers a maritime lien, the restriction on these persons against arresting the ship for themselves is quite unintelligible; whereas, assuming that a new right of action in rem without a maritime lien is conferred, it is extremely natural that these parties should be restricted to their common law rights and remedies until the proceeding which is adopted by others against the res places their money in jeopardy. Even this limited right is lost by the transfer of the vessel to a bonâ fide purchaser. This would not have been so if there had been a maritime lien which follows the res notwithstanding a sale, unless it be a sale by order of the Court. In this appears the importance of the view suggested by the statute, that it introduces a new right of action in rem, without conferring a lien where it did not exist before."
Chemistry. By William Thomas Brande, D.C.L., F.R.S.L. & E., &c., and Alfred Swaine Taylor, M.D., F.R.S., &c. London: John W. Davies. 1863. pp. 892.
WE should be stepping out of our province, and assuming a knowledge to which we can lay no claim, if we ventured to review this volume on its scientific merits. For these we are willing to accept the names of the distinguished editors as a guarantee for the efficiency of the work. But looking at it from the lawyer's point of view, we can state what, upon a careful examination, seems to us to be its recommendation to the profession. It contains clearly written definitions and explanations, valuable to the amateur in science in its pages are collected agreat number of facts, historical and other, bearing on the subject, and brought down to the latest date, as (for one instance out of hundreds) the new process for manufacturing
malleable platinum, by Deville, and illustrated in the International Exhibition. The section on this metal (pp. 615-621) is a good specimen of the excellence of the book. There is much information useful to those who have to deal with poison cases, and others of a like nature; and a careful index saves the trouble of search.
Every Man's Own Lawyer. A Handy Book of the Principles of Law and Equity. By a Barrister. London: Lockwood & Co. 1863. pp. 336.
THE barrister who compiled this volume should have put his name on the title-page, that he might enjoy the gratitude due to him from the profession of the law. Should his book sell extensively and be frequently acted on, we would venture to predict a considerable increase to the business of litigation. It is not badly compiled; and though the information given is not always strictly accurate, it is perhaps nearly as much so as can be expected in a work which professes to squeeze the law of England into a little more than 300 small pages. But it is idle to suppose that any layman really in want of safe legal information would obtain it in this book. In ordinary life, a little common sense will supply the place of a great deal of law; but if law is wanted, the public had better go at once for the genuine article than take it in this "patent medicine " sort of form. To the profession itself the work could be of no value. An Essay on Waste, Nuisance, and Trespass; chiefly with reference to Remedies in Equity; treating of the Laws of Timber, Mines, Lights, Water Support, the Construction of Public Works, &c. &c. By George V. Yool, M.A., of Lincoln's Inn, Barrister-atLaw, late Fellow of Trinity College, Cambridge. London: W. Maxwell. 1863.
ONE of the most venerable branches of the great common law of England (whereof so much has been learnedly written by Lord Coke in the Institutes) is that which relates to offences against realty. Waste, nuisances, and trespass, are coeval with property in lands, and either by custom or statute, their legal characters have for many centuries been well ascertained. The legal and equitable remedies which they called forth are scarcely less ancient. But although the great principles of this department of real property law owe their origin to the learning and wisdom of remote times, they have received a novel application in our own age. "Waste of the forest," "waste of estangues," ""waste of vivary," "waste of a weare," are more or less unfamiliar terms to a modern English lawyer; whereas there is a present interest in such questions as, how far a tenant for life impeachable of waste has a right to continue the working of mines ? whether he may sink new shafts for the purpose of following up a vein of coal? whether a tenant for life has a right to open pits or mines which have been abandoned? whether a new vein or bed may be worked