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 THEORIES & GRITIGISM: 
 
 SIR HENRY MAINE 
 
 MORGAN O.EVANS 
 
(Jnrn^ll IGaui i^rlyonl Hibtarg 
 
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Cornell University Library 
 KD 631.M22E92 
 
 Theories and criticisms of Sir Henry Mai 
 
 3 1924 021 673 086 
 
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This book was digitized by Microsoft Corporation in 
 
 cooperation witli Cornell University Libraries, 2007. 
 
 You may use and print this copy in limited quantity 
 
 for your personal purposes, but may not distribute or 
 
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 for revenue-generating or other commercial purposes. 
 
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THEORIES AND CRITICISMS 
 
 OF 
 
 SIR HENRY MAINE 
 
 Digitized by Microsoft® 
 
Digitized by Microsoft® 
 
THEORIES AND CRITICISMS 
 
 OF 
 
 SIR HENRY MAINE 
 
 BY 
 
 MORGAN O. EVANS 
 
 OF LINCOLN S INN, ESQUIKE, DARRISTER-AT-LAW 
 
 {Senior Studentship c.l.e., trin. i8go, placed first in the 
 
 COMPETITIVE EXAMINATION IN JURISPRUDENCE AND 
 V ROMAN CIVIL LAW) ; 
 
 ADVOCATE OF THE SUPREME COURT OF THE CAPE OF GOOD HOPE 
 
 LONDON 
 
 STEVENS AND HAYNES 
 
 ILaiD i^ubli0i)et0 
 
 BELL YARD, TEMPLE BAR 
 1896 
 
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Digitized by Microsoft® 
 
PREFACE 
 
 The works of Sir Henry Maine have to be studied for 
 the Honours Examination of the Inns of Court and 
 the Universities at home and in the Colonies, and also 
 for the final Examination of thc^e who have passed the 
 Indian Civil Cortipetitive Exatnination' Jurisprudence 
 is also an optional subject for the last-mentioned 
 Examination. 
 
 The questions asked on Maine are those which are 
 the best calculated to test the candidate's knowledge 
 of the criticisms and theories contained in his six 
 works, " Ancient Law," " Early Law and Custom," 
 " Early History of Institutions," " Village Communities,'' 
 " International Law," and " Popular Government," and 
 more especially of such theories as relate to matters 
 of doubt and questions in dispute in the science of Juris- 
 prudence. In these works there is a great deal of 
 writing that is absolutely useless to the student for 
 examination purposes, and page after page has to be 
 waded through in the search for a criticism or a theory ; 
 and to discover any complete theory or criticism on 
 any one question or theory, it is often necessary to search 
 through not only each one of the books, but also many 
 different chapters or lectures in each of those books- 
 This necessitates a great waste of time and mental 
 
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VI PREFACE 
 
 energy on the part of the student, there being over 
 two thousand pages in all. 
 
 When studying for the Senior Studentship of the 
 Inns of Court, the writer carefully read through 
 the above-mentioned works ; and this little book 
 is a methodical, though perhaps unscientific and 
 defective, arrangement of the notes made on each 
 chapter, subsequently compared, cut down and digested. 
 It is believed that all the theories of Maine on the 
 most important questions and subjects of dispute that 
 have arisen among writers on Jurisprudence, and most 
 of his criticisms that are of value to the student and 
 of interest to the general reader, will be found in the 
 following pages. 
 
 Both candidates and examiners should therefore find 
 the book of great use, and it is hoped that it may also 
 prove of interest to readers in general. 
 
 MORGAN EVANS. 
 
 Board of Execdtors Bdildings, 
 Cape Town, 
 
 April 1896. 
 
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CONTENTS 
 
 PART PAGE 
 
 I. EVOLUTION OF LAW; RITUAL, CUSTOM ... I 
 
 11. POSITIVE LAW AND SOVEREIGNTY .... 6 
 
 III. PRIMITIVE SOCIETY ; ADOPTION AND ANCESTOR WORSHIP 8 
 
 IV. LEGAL FICTIONS AND EQUITY I3 
 
 V. LAW OF NATURE AND ETHICS 1 8 
 
 VI. INTERNATIONAL LAW 25 
 
 VII. ORIGIN AND HISTORY OF PROPERTY ; FEUDALISM ; 
 
 RENT 32 
 
 VIII. INTESTATE SUCCESSION AND PRIMOGENITURE . . 43 
 
 IX. WILLS 47 
 
 X. MARRIED women's PROPERTY 5I 
 
 XI. THE BREHON LAW 53 
 
 XII. CONTRACTS 61 
 
 XIII. COGNATION AND AGNATION ; PERPETUAL TUTELAGE ; 
 
 MARRIAGE ; FATHER AND SON ; GUARDIAN AND 
 
 WARD 64 
 
 XIV. CRIMINAL LAW 69 
 
 XV. REMEDIAL RIGHTS ; DISTRESS ; PROCEDURE AND 
 
 EVIDENCE 71 
 
 XVI. CASE LAW 75 
 
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vin CONTENTS 
 
 PART PAGE 
 
 XVII. CODES ; CODIFICATION AND OFFICIAL DRAFTSMEN . jf> 
 
 XVIII. ROMAN LAW AND LEGAL EDUCATION .... 78 
 
 XIX. COMPARATIVE JURISPRUDENCE 80 
 
 XX. CLASSIFICATION OF LAWS 82 
 
 XXI. VILLAGE COMMUNITIES 83 
 
 XXII. FORMS OF GOVERNMENT 88 
 
 XXIII. THEORIES OF LOCKE, HOBBES, AND BENTHAM ON THE 
 
 ORIGIN OF LAW 92 
 
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THEORIES AND CRITICISMS 
 OF SIR HENRY MAINE 
 
 PART I 
 
 EVOLUTION OF LAW 
 
 In primitive society " Law," as understood and defined | 
 by the analytical school of jurists, does not exist/ 
 The knowledge we possess of the most ancient legal 
 systems is derived from the codes of Man u and 
 Narada, the Brehon laws, the Twelve T ables, and 
 Homer. Ancient codes of law are not the works of 
 / "legislators." It would be more correct to term those 
 who promulged them judges ; ^ for the codes are usually 
 merely declaratory of unwritten customs observed from 
 time immemorial : they are collections in writing of 
 maxims and principles the knowledge of which had been 
 ! ! kept secretly guarded in the memories of the members of 
 ,[ the privileged oligarchies.' Anything new that they might 
 have contained would consist of alterations or additions 
 made to further the interests of the compilers.^ In 
 making the knowledge of law available to all, and in 
 
 1 " Ancient Law," chap. i. ^ « Early History," lect. ii. 
 
 3 " Village Communities," lect. ii. 
 
 A 
 
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2 EVOLUTION OF LAW 
 
 preventing customs adopted in the infancy of the state 
 from degenerating, they were of the greatest benefit.' 
 They were often the direct results of the invention of 
 writing. Some, and most of them, do not represent 
 systems of usage or rules actually followed and observed 
 at any one period of time, and most of them had very little 
 order in their arrangement. They prove that at the 
 times of their compilation there was no conception of 
 " Law " as distinct from philosophy and religion." 
 Indeed, in the ancient codes of Manu and Narada the 
 three subjects are entirely mixed up and confused, and 
 the sacerdotal element in them has been much under- 
 rated. They do not confine themselves to an enuncia- 
 tion of legal rules, but contain minute directions as to 
 what it is expedient to do in order to ensure the 
 reaping of rewards in the life hereafter ; and instead of 
 being imperative, the language is frequently precatory 
 in tone. They sketch the life of a good man ; his 
 early career of study and training in holy doctrines ; 
 his life as a member of the society in which he becomes 
 a householder ; and his old age, spent in the meditation 
 and seclusion of a hermit.^ 
 
 The Twelve Tables by no means constitute the 
 earliest standpoint from which we take up the history 
 of law.^ The poems of Homer give the student of 
 jurisprudence valuable information not to be dis- 
 
 ' " Early Law and Custom," chap. i. ; " Ancient Law," chap, ii 
 ^ Ibid., chap, xi., lect. i., ii. 
 
 * " Early History," lect. xi. 
 
 * " Ancient Law," chap. i. ; " Village Communities," lect. ii. 
 
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EVOLUTION OF LAW 3 
 
 regarded. There, law is disclosed in the germ of 
 Themistes, the judgments or " dooms " dictated by 
 Themis, and claimed to be the result of inspiration. 
 And these are among the earliest authoritative state- 
 ments of right and wrong. 
 
 If the ancient codes fail to give much information as 
 to the origin of law, they remove all doubt as to the 
 origin of lawyers who were in ancient times identica l 
 with the priest s.' In India and the East the Brahmans 
 were in th e ascenden cy, intellectually, physic ally and 
 s piritually.. The laws which to the modern mind are 
 the most cruel and revolting were introduced by them 
 from mercenary motives. The laws they aided in 
 creating were "sanctioned" by penances ;' but those 
 laws would not satisfy the requirements of the analy-' 
 tical school until the penances became enforced by the 
 king. Though some of the elements of law are apparent 
 more or less in mature systems of jurisprudence, it 
 requires straining to discover them in all kinds of law 
 at all epochs, and the more deeply we penetrate into 
 the history of law the more difficult and mipqssible ..it 
 becom es to uphold the truth of the analytical jtheory.' 
 For it may be said that there are two types of 
 society.* In the one the sovereign is a tax-imposing 
 one, and does not trouble himself with legislation. 
 There the " positive law " of Austin, with its command, 
 duty and sanction, does not exist. Persia and Assyria 
 
 ' " Early Law and Custom," chaps, ii., iii. 
 
 2 " Ancient Law,'' chap. i. 
 
 ^ " Early History," lects. xii., xiii. 
 
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4 EVOLUTION OF LAW 
 
 were such societies, and India also. Runjeet Singh was 
 an absolute sovereign even in Austin's sense of the term ; 
 but the nearest approach to a law he ever enacted would 
 amount to no more than a " particular command." 
 
 In the other type of society, there is a sovereign, 
 the fountain and author, direct or indirect, of the law. 
 There all the elements of " positivejaw '' may be found. 
 
 I Custom exists side by side with this law, it is true ; 
 
 j but it is " law " because the sovereign permits, and so 
 tacitly " commands " it' But in ancient societies, even 
 where there were despotic sovereigns, and codes of 
 law, customs and rules, observed from time immemorial, 
 if we accept Austin's definition, these societies were 
 " law "-less. " Morality " is the only term with which 
 modern jurisprudence permits these laws to be desig- 
 nated, and to some extent this is true ; for in some of 
 the earliest societies laws only appear in the shape of 
 awards, dooms^ and decisions. But in primitive con- 
 ditions these would naturally resemble one another and 
 be frequently repeated, and they would in time form a 
 collection which would establish a "custom." " Cus- 
 
 I torn," therefore, is the result of judgmen ts, an d does not 
 exist, as is often supposed, prior to them. But this 
 " custom " is not the law governing the masses. It 
 only_^oncerns the heads of families. In primitive 
 society, if the people as a body are governed by any- 
 thing, they are governed ^ by the "caprice" of the 
 heads of the many families composing the society. 
 
 1 Et seq., " Ancient Law," chap. i. ; " Early History," lects. 
 xii., xiii. ; " Village Communities," lects. ii., iii. 
 
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EVOLUTION OF LAW 5 
 
 The origin of law, however, cannot be conclusively 
 ascertained even from the old Indian codes. The 
 inspfred awards^ of ThemjS;_dictated_supernaturally to 
 the .kings^ jvere perhaps the^ germs^f ^stomarv law . 
 When the kings, who were supposed to be supplied 
 with an inexhaustive stock of these awards, gave way 
 to other powers in the state, and the kingly office 
 degenerated into that of a King Archon or a Rex 
 . Sacrificulus, c ustomary la wjwasjleposi ted in the ha nds 
 of, and administered Jby^ he succeeding oligarchies ^ 
 Thoygh -they did not claim divine inspiration, they kept 
 thejcnowledge of the law a^ secret ; andThe^Txims 
 and principles they cherished in their memories con- 
 stituted true " customary law." These, when writing 
 was invented, were at last made known to all in the 
 form of C2^s. Some code s may be a true collection of 
 customs and rules actually in force at the time of their 
 promulgation; bu t most contain, besides ru les actually in 
 f orce, m uch of ^what the a uthors tho ught oug ht to be law. 
 
 Hindu codes are rather codes of ritual than of law. 
 The evolution of law can clearly be traced in the 
 enforcing ^of_^penances by the sovereign whereby 
 rules of conduct become compulsory. This is the 
 unco nsci ous ad dition of the sanction ; and whj.t wag 
 before a mere rule of morality, to be observed or not 
 at the option of those in subjection, b^ame law, 
 properly so called. The obedience to the law, how- 
 ever, is the_ result of h abit rather than fear of the 
 sanction, and few have the law in their minds or the 
 sanction when engaged in the daily affairs of life.^ 
 
 1 " Early Law and Custom," chaps, i., ii. 
 
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POSITIVE LAW AND SOVEREIGNTY 
 
 PART II 
 
 POSITIVE LAW AND SOVEREIGNTY 
 
 The analytical system could not have been conceived, 
 much earlier.' Austin should at the outset have clearly 
 stated the objects of the science of jurisprudence.^ He 
 should have proceeded to analyse sovereijTity_b£ibre 
 attempting to define law. The science of public law 
 should not be so sternly distinguished from the science 
 of ethics ; ' nor should the doctrine be taught that 
 gover nments are not bound by ..obligations,, of truth, 
 justice and humanity. The analytical system can only 
 be applied with propriety to those states which have 
 derived from the Roman law their ideas of legislation.^ 
 Even where the sovereign legislates in Austin's 
 sense, the law is coerced by external power. Custom 
 is law, according to Austin, because the sovereign may 
 be deemed to command what he permits. He should 
 have added that what he might alter, but does not, 
 he commands also. His definitions are of varying 
 practical value.'' Words are taken by him out of their 
 habitually associated ideas. His identification of the 
 
 1 " Early History," lects. xii., xiii. 
 
 2 Ibid., lect. xii. ^ " International Law." 
 
 ■* "Village Communities," lect. iii. ; "Early History," lects. 
 xii., xiii. ' Ibid. 
 
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POSITIVE LAW AND SOVEREIGNTY / 
 
 law of nature with the law of God is absolutely value- 
 less. His theory of sovereignty is objectionable, as it 
 neglects the historical antecedents determining the 
 existence of sovereignty. He does not recognise as a 
 political and independent society a society having all the 
 marks of sovereignty, because it does not approach a 
 limit which he admits to be uncertain ; but in appeal- 
 ing to absurdity he steps on ground dangerous to his 
 own system. Hobbes d iffers from him in having a I 
 political rather than a scientific object ; but he was 
 right in speculating upon the origin of government, for i 
 its origin and several stages should be considered by I 
 the jurist. Though his theo ry of the originaj. state 
 being one of constant warfare may be tru e of_man_to 
 man, i t canno t be accepted to be true, of tribe to tribe. 
 What he says of the absolute power of the sovereign 
 and its irresistibility may be true ; but it is also true 
 that moral and religious influences restrain its exercise.' 
 A ustin has sel ected^ one sense of law. His ultimate 
 object was codificatio n. From his point of view inter- 
 national law is simply morality. But one sense of i 
 law is as good as another and as dignified, if it be 
 consistently used. Austin has succeeded in showing 
 the existence of a sanction in all positive law. But thei 
 assertion of his disciples that laws are obeyed through i 
 fear of the sanction is false. It is early teachin gs 
 inheritance, and perhaps inherited instincts, that have 
 created the habit of obedience. ' 
 
 ' " Early History," lects. xii., xiii. 
 - " International Law.'' 
 
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PRIMITIVE SOCIETY 
 
 PART III 
 
 PRIMITIVE SOCIETY 
 
 The rudiments of a social state are known to us by — 
 (i) accounts of contemporary observers concerning a 
 civilisation less advanced than their own, which consti- 
 tute the best kind of evidence, though neglected, 
 through contempt ; (2) records preserved by particular 
 races of their primitive history ; and (3) ancient law/ 
 Consanguinity or kinship is the earliest tie binding men 
 in communities. It was regarded as an actual bond of 
 union, real consanguinity, and so differed from the 
 modern religious idea of universal brotherhood.^ Primi- 
 tive society was scanty and ceremonious, and consisted 
 of a collection not of individuals but of fam ilies .^ The 
 existing family is the smallest group ; and a number of 
 families together make up the Gens ; and an aggrega- 
 tion of houses forms the tribe ; and there is theoreti- 
 cally one ancestor of all.^ " The joint family " of the 
 Hindus is an example of a body of kinsmen, who are 
 joint in food, worship and estate ; and Teutonic culti- 
 vating communities consisted of a number of families 
 
 1 " Ancient Law," chap. v. 2 u Early History," lect. lii. 
 
 ^ " Ancient Law," chap. v. 
 * " Early History," chap. v. 
 
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PRIMITIVE SOCIETY 9 
 
 standing in a proprietary relation to land.' In the 
 patriarchal household the eldest male ascendant, the 
 general term for whose power was probably " manus," 
 is absolutely supreme * his dominion extends to life 
 and death, as well over his children as his slaves : on 
 his death his property is equally divided among his 
 sons ; sometimes the eldest, under the name of birth- 
 right, receives a double share,^ or perhaps the whole on 
 account of the customs and beliefs attached to ancestor- 
 worship.* Just as corporations are now deemed to be ' 
 unlimited in duration, p atriarchal g roups were_consi- 
 dered, by primitive law, perpetual and jinextinguish- 
 able ; * and from this resulted the theory of identity of 
 a dead man and his heirs.* The law, such as existed, 
 did not affect individuals, but only the heads of fami- 
 lies,° and the moral elevation or debasement of the 
 former depended on his community : if a community 
 sins, its guilt is greater than all the offences together 
 of its members : if an individual is guilty, his descend- 
 ants, kinsmen, or fellow-citizens suffer with or for him. 
 The family, house and tribe of the Romans may be 
 taken as types of the groups from which a state is 
 constituted. Though every society regarded itself as 
 descended from one original, this was not really the 
 case ; for each has records proving that aliens had fro m, 
 time to time been admitted who amalgamated with the 
 
 1 " Village Communities," lect. ill. ; vide p. 31, infra. 
 
 • " Ancient Law," chap. v. 
 
 3 " Early Law and Custom," chap. iii. 
 
 -1 " Ancient Law," chap. v. ^ Ibid., chap. vi. 
 
 « Et seq., ibid,, chaps, v., vi. 
 
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lO PRIMITIVE SOCIETY 
 
 original brotherhood. The family was thus adulterated 
 by their admission, which was the origin of the earliest 
 of legal fictions, viz., ^adoption.' It was expedient 
 that the incoming people should feign themselves 
 related ; and strangers sharing in sacrifice shared in the 
 common lineage.' Adoption resulted also from ancestor- 
 worship, owing to the strong desire that existed for 
 male offspring.^ If a Hindu had no children, he 
 adopted a son with a view to the funeral cake, water, 
 and solemn sacrifices ; * and under the Brehon laws 
 adopted sons, like natural ones, affected the Geilfine 
 family.* When our information begins, the pater- 
 familias had the " jus vitae necisque " over his descend- 
 ants, and so the power of inflicting uncontrolled cor- 
 poral chastisement, or of modifying their personal 
 condition, of marrying them to whomsoever he pleases, 
 and divorcing them ; of transferring them to another 
 family, and of selling them. The old triple emancipa- 
 tion was evidence of an early feeling against the 
 unnecessary prolongation of the patria-potestas ; but 
 though the powers over the persons might become 
 nominal, the power over his descendants' property was 
 for a long time always fully exercised. The " mund " 
 of the Germans fell far short of the ancient Roman 
 patria-potestas. The responsibility of the paterfamilias 
 in the case of " noxa " points to the existence of duties 
 which balanced his rights.^ 
 
 ' "Ancient Law," chap. v. ^ Ibid. 
 
 ' " Early Law and Custom," chap. iii. 
 
 ■• " Ancient Law," chap. vi. = u Early History," lect. vii. 
 
 " " Ancient Law," chap. v. 
 
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PRIMITIVE SOCIETY 1 1 
 
 Thejwrarshjp of ancestors, which had a great influence 
 on inheritance, and on the everyday life of the Hindus,, 
 was the practical religion of the greater part of the 
 human race. The ancestors worshipped were the three 
 whom it was possible to remember ; but it is probable 
 that the father's power is older than the practice of 
 worshipping him. In the opinion of savages, a dead 
 man differs litt le fro m one asleep: he is a living dreamer 
 permanently passed into the land of dreams ; but his 
 life as a spirit, resembling his career as a man, does not 
 diminish his interest in those he has known on earth.. 
 j When ancestor-v^orship first arose, the father of the 
 family was the paterfamilias of jurisprudence. Owing 
 to the necessity that the worshipped and worshipper 
 should be males, the strong desire to have male off- 
 spring led to a broad System of artificial affiliation ;. 
 and as the eldest son was deemed the most likely to 
 confer spiritual benefit on his father, he sometimes took 
 the whole inheritance and provided for the others ; but 
 oftener he merely had the best portion : the prevailing 
 doctrine was that there should be an equal division' 
 among all the sons, with only a slight advantage to the 
 eldest. The tenden cy of ancestor-worship at first was 
 to consolidate the c onstitution of t he family, but u lti- 
 ma tely to dissolve it.' Among the Hindus, the right 
 to inherit a deceased's property was co-extensive with 
 the duty of performing his obsequies ; and if a person 
 had no son, he adopted one, that he might have some 
 one to fulfil this duty : in Roman law, adoptions and 
 
 ' Et sup., " Early Law and Custom," chap. iii. 
 
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12 PRIMITIVE SOCIETY 
 
 inheritances are embraced in the "sacra."' The 
 inability of women either to go through the funeral 
 ceremonies of a deceased, or to worship her ancestors, 
 had much to do with her incapacity with respect to 
 property ; but the Suttee had no connection, originally, 
 with ancestor-worship, being a' comparatively modern 
 creation of the Brahmans.^ 
 
 1 " Ancient Law," chap, vi, - " Early History," lect. xi. 
 
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LEGAL FICTIONS AND EQUITY 
 
 PART IV 
 
 LEGAL FICTIONS AND EQUITY 
 
 When primitive law has once ^been embodied in a code 
 there is an end to what may be called its spontaneous 
 development ; and the distinction be twe^ stationary 
 and progressive societj^ begins to take effect.' After 
 external completion, men do not want to improve their 
 civil institutions. The rule is that society is statioaa ry.. 
 the exception that itJs_2rogressive ; and in progressive 
 societies, as law is stable, in order that it may not 
 limit civilisation, it must be brought into harmony with 
 the advanced social necessities : the agencies by which, 
 it is so brought are Legal Fictions, Equity, and 
 Legislation. 
 
 In Roman law the object of fictions was juris- 
 diction, and they resembled the allegations in English 
 law in the Courts of King's Bench and Exchequer 
 by which these Courts usurped the power of the 
 Common Pleas. The term Legal Fic tion is used to ' 
 signify any assumption that a rule of law remains^ 
 unchanged and that its operation is unaltered, the fact 
 that it has undergone alteration being concealed or 
 affected to be concealed. The " responsa prudentum " 
 
 1 Et seq., "Ancient Law," chaps. ii.,iii., iv, 
 
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14 LEGAL FICTIONS AND EQUITY 
 
 .as well as English case-law rests on legal fictions. 
 The legal fictions .are invaluable as expiedients of 
 overcoming .the rigidity of the law ; but though to 
 •revile' them is to betray ignorance of their peculiar 
 ■office in the history of law, still they are the greatest 
 ■obstacle to symmetrical classification ; and they will 
 have to be pruned away from English law, if it is 
 •ever to assume an orderly form. By the term Equity, 
 \ is meant any body of rules existing by the side of 
 ithe original law, founded on distinct principles, and, 
 in virtue of a superior sanctity in those principles, 
 incidentally claiming to supersede the original law. 
 Equity differs from fictions in that the interference 
 with the law is open and avowed : and differs from 
 •legislation in its claim to authority being founded on 
 •the special nature of its principles. The authority of 
 legislation is independent of its principles, being 
 founded on the authority of the enacting legislature. 
 When a group of facts comes before an English Couift 
 for adjudication, it is taken for granted that there is 
 somewhere a rule of known law concerning those facts ; 
 ■but as soon as judgment has been rendered and reported, 
 it is admitted that a new decision has modified the law, 
 or that the rule has been altogether changed. This is 
 owing to the fact, probably, that a complete body of 
 English law was supposed to exist " in gremio magis- 
 tratum." 
 
 English practitioners have paradoxically said that, 
 since the time when the Roman and Canon laws, 
 which had been frequently, though not always wisely, 
 borrowed by the English judges of the thirteenth 
 
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LEGAL FICTIONS AND EQUITY 1 5 
 
 century, were closed as storehouses of law, nothing has 
 been added to the basis of English law, except by 
 equity and statute law. The "jus. prudentibus 
 compositum " differs from English equity and' case- 
 law in that it was not expounded by the Bench (for 
 in Rome, during the Republic, there was no institution 
 analogous to it), but the bar. But this fact did not 
 popularise the law nor simplify the science of law, 
 which might have been expected, seeing that the 
 people were in direct contact with the bar, and the 
 clients were the advocates' constituents. The growth 
 and exuberance of principles in Roman law was 
 fostered by the n iultiplication of cases, and by the 
 c ompetition, such as is unknown where there exists a 
 bench, o f-'the j urisconsults. When a difficulty came 
 before the latter for their opinion, an entire class of 
 ■questions, to the suggestion or invention of which 
 there was no distinct check, was adduced and con- 
 sidered, though only slenderly connected with a par- 
 ticular feature of the original difficulty ; and the 
 " responsum " contemplated the circumstances as 
 :governed by a great principle or included in a 
 sweeping rule. 
 
 The manner in which English law was enunciated 
 •seems to have been lost sight of ; but it is certain that 
 English law is poorer in we alth of legal principle tli an 
 t he laws of many modern nations which have built 
 their walls on the d ibris o f the Roman law. After 
 the limitation imposed by Augustus with respect to the 
 iright of giving binding opinions, the statute law 
 became voluminous ; and after a civil commotion 
 
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1 6 LEGAL FICTIONS AND EQUITY 
 
 among the Romans, there seems to have been an 
 association between the settlement of a community and 
 the enactment of a large body of statutes. 
 
 Many of the principles which lie deepest in the 
 structure of English equity have come from the Canon 
 law ; and in the recorded " dicta " of Chancery judges 
 there are entire passages from the Corpus Juris ; for 
 between the Chancellorships of Lord Talbot and Lord 
 Eldon, English lawyers were fond of studying the 
 mixed system of jurisprudence and morals of the Low 
 Countri es ; and their opinions influence d the d ecisions 
 of the Chancery judges. English equity is a system 
 founded on moral rules ; and these rules are the 
 morality of past ages. Some writers wrongly assert 
 that the founders of the present Chancery jurisprudence 
 contemplated its present fixity of form ; and others- 
 contend that the moral rules of the Court of Chancery 
 fall short of the ethical standard of the present day t 
 nothing is more distasteful to either class, or to the 
 masses in general, than the admission that their moral 
 progress is a substantive reality. By supposing a 
 general right to superintend the administration of 
 justice as a natural result of his paternal authorityr 
 equity was assumed to be invested in the king, and the 
 same view appears in the doctrine that equity flows 
 from the king's conscience. 
 
 In Rome the praetor was supposed to work the Jus 
 Gentium into Roman jurisprudence ; and equity is the 
 exact point of contact between the Jus Gentium and Jus 
 Naturale, where it first appears. " ktottjc," " the equality 
 of laws," an equal administration of the civil law among 
 
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LEGAL FICTIONS AND EQUITY 1/ 
 
 the citizens, on which the Greek democracies prided 
 themselves, had originally little in common with the 
 Roman equity, which signified an applicability of a 
 law, not the " civil " law, to a class not necessarily 
 citizen, but including foreigners, and, for some purposes, 
 slaves ; and " aequs " carried with it the sense of 
 " levelling," the characteristic of the Jus Gentium. The 
 neglect of demarcation seems the principal feature 
 of the Jus Gentium as depicted in ^quitas ; and ulti- 
 mately notions of " laorrig " clustered round the latter. 
 The whole body of Roman equity jurisprudence was at 
 la st contained in the Juli ap Edict ; and after the latter 
 it was further developed by the jurisconsults, who had 
 always influenced the open legislation — unlike the in- 
 sensible acts of the Chancellors — of the praetors ; but 
 after Alexander Severus it ceased to expand ; and, like 
 Lord Eldon, the jurists devoted their time to explaining 
 and harmonising it, leaving to Justinian the task of 
 com pletely fusing Law and Equity.' 
 
 1 Et sup., " Ancient Law," chaps, ii., iii., iv. 
 
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l8 LAW OF NATURE 
 
 PART V 
 
 LAW OF NATURE AND ETHICS 
 
 From the disturbed state of Italy, and the commercial 
 relations existing between the great cities of the Roman 
 world and Rome, there resulted a great immigration of 
 foreigners to the latter city ; but, unlike the usages of 
 modern times, these strangers were not absorbed in the 
 mass of citizens, for the absolute exclusion of foreigners 
 pervaded the civil law, according to which they had no 
 share in any institution coeval with the State.' The 
 Romans, being thus unwilling to decide disputes between 
 foreigners, or Romans and foreigners, according to the 
 civil law, through their disinclination to share with 
 aliens the supposed advantages of the Roman law, 
 and their disdain of all foreign law, were necessarily 
 driven to the invention of a " Jus Gentium," so called 
 because it was founded on the rules of the different 
 Italian communities, being at the time "all the nations" 
 observed by them. The results, which modern ideas 
 would conduct us to, being as nearly as possible the 
 reverse of those instinctively brought home to the primi- 
 tive Roman. 
 
 <i>D(Ttc meant "nature." "Nature" originally denoted 
 
 ' Et seq., " Ancient Law," chaps, iii., iv. 
 
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LAW OF NATURE I 9 
 
 the material universe, the physical world regarded as 
 the result of some primordial element or law ; and 
 the old Greek philosopher explained " movement," 
 " fire," " moisture," and " generation " as the fabrics of 
 creation : nature was the manifestation of a principle. 
 In their conception of nature, the later Greek sects 
 added the " moral " to the physical world ; and to live 
 according to "nature," to rise above the disorderly 
 habits and gross indulgences of the vulgar to the higher 
 laws of action which nothing but self-denial and self- 
 command would enable the aspirant to observe, came 
 to be considered the end for which man was created, 
 and was the sum of the tenets of the Stoic philosophy. 
 On the subjugation of Greece that philosophy made 
 instantaneous progress in Roman society ; and though 
 lawyers are generally the head of the party resisting 
 anything new, we may feel certain that, in the front of 
 the disciples of the Greek*school, there figured Roman 
 jurists, together with their masters, the Antonine 
 Caesars. It was soon believed that the lost code of 
 nature had been found in the Jus Gentium ; the latter 
 became the model to be followed for all laws, and it 
 was now the praetor's duty to supersede the civil law 
 by the Edict. Simplicity, symmetry, and intelligibility 
 came to be regarded as the characteristics of all good 
 legal systems, .^quitas, or Equity, is the exact point 
 of contact between the Jus Gentium and Jus Naturale ; 
 by the time of Justinian they were identical, in spite of 
 Ulpian's attempt at discrimination. The growth of 
 Christianity was accompanied with a tendency to look to 
 the " future," and not to the past ; and writers appeared 
 
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20 LAW OF NATURE 
 
 who maintained that the code of nature exists in the 
 future, not heeding the fact that ancient literature gives 
 few or no hints that the growth of society is from worse 
 to better. 
 
 The natural law of the jurisconsults was distinctly 
 conceived by them as a system which ought gradually 
 to absorb civil laws without superseding them, as long 
 as they remained unrepealed ; it thus escaped from the 
 first of the two dangers to which law in- its infancy 
 appears to be liable — viz., that it may be too rapidly 
 developed. This conception was valuable and service- 
 able in that it kept before the mental vision a type of 
 perfect law, not entirely the product of imagination, 
 which was deemed to underlie the existing law, through 
 which it must be looked for, in order to take advantage 
 of its remedial functions. The second danger threaten- 
 ing infant law is the rigidity arising from association 
 and identification with religion, which chains down the 
 mass to those views of life and conduct entertained 
 when their usages were first consolidated into a 
 systematic form. The secret of Bentham's influence 
 is his success in showing the importance of having a 
 distinct object to aim at in the pursuit of improvement, 
 and the clear rule of reform he gave. 
 
 The theory of the law of nature is the source of 
 almost all the specialndeas diffused over the Western 
 world by France during the last hundred years ; but it 
 is questionable whether its influence has been exerted 
 for good or evil. The juridical school took its rise in 
 Italy, and schools in all parts of the Continent were 
 founded by Italian emissaries ; the lawyers of France 
 
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LAW OF NATURE 21 
 
 joined an alliance with the kings of the houses of Capet 
 and Valois, and it was as much through their inter- 
 pretation of the rules of feudal succession as by the 
 power of the sword that the French monarchy grew 
 out of an agglomeration of provinces and dependencies. 
 Practitioners familiar with the Corpus Juria found it 
 easy to supply any quantity of "general formulas," 
 which were greatly admired at the time ; and the 
 universal vagueness of ideas as to the degree and 
 nature of the authority residing in written texts also 
 added to the authority of the lawyers. 
 
 " Ita scriptum est " was sufficient to silence all 
 objections, and the most one could do was to cite some 
 counter proposition from the Code or Pandects : and 
 this explains the motive of the author of the " Forged 
 Decretals," and the plagiarisms of Bracton, a compen- 
 dium of pure English law of the time of Henry III., 
 the entire form and a third of the contents of which 
 were directly borrowed from the Corpus Juris. From 
 the accession of the branch of Valois- Angoul^me down 
 to the Revolution, French lawyers formed the best 
 instructed and perhaps most powerful class, and ex- 
 celled in their qualities of advocate, legislator and 
 judge, their European compeers ; but France \vas 
 smitten with the curse of an anomalous and dissonant 
 jurisprudence beyond any other country in Europe. 
 The Pays du Droit Ecrit acknowledged the Roman 
 law as the basis of its jurisprudence ; the Pays du 
 Droit Coutumier admitted it only so far as it supplied 
 general forms of expression and of juridical reasoning 
 reconcilable with local usages. The diversity of law 
 
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2 2 LAW OF NATURE 
 
 existed in France while the monarchy was constantly 
 strengthening itself, and after a fervid national spirit 
 had been developed among the people. The French 
 lawyers became passionate enthusiasts, and the law of 
 nature became the common law of France, or at least 
 the administration of its dignity and claims was the 
 one tenet subscribed by them. Dumoulin, the highest 
 authority on French customary law, has extravagant 
 passages on the law of nature ; but Montesquieu 
 proceeded on that historical method before which the 
 law of nature could never maintain its footing for an 
 instant ; but his influence was banished by Rousseau. 
 The first attempt to re-erect the fallen edifice was 
 commenced by Bale, and in part by Locke, and con- 
 summSted by Voltaire. Rousseau's belief was that 
 perfect social order could be evolved from an unassisted 
 state of nature, a social order wholly irrespective of the 
 actual condition of the world, and wholly unlike it. 
 The question is, what were the c auses giving this idea 
 s uch prominence a hundred years ago .-' The Greek 
 religion was dissipated in imaginary myths ; Oriental 
 religions were lost in vain cosmogonies ; the study of 
 the early history of the Jews was prevented by the 
 prejudices of the times ; for Rousseau and Voltaire 
 disdained Hebrew religious antiquities, the entire 
 Pentateuch being treated by them as a forgery. The 
 philosophers_of„France-had-nothing left but to plunge 
 themselves into the superstition of the lawyers, the law 
 o f nature. A philosophy founded on a natural law 
 cannot but be antagonistic to the historical method 
 allied with political and social tendencies ; the doctrines 
 
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LAW OF NATURE 23 
 
 of nature preserved their energy, and helped most 
 powerfully the way to the grosser disappointments in 
 which the French Revolution was fertile, and in the 
 end brought about an impatience of experience, and 
 vices of mental habit which led to a disdain of all 
 positive law ; and as t he times grow darker, appeals to 
 the law of natur e^grow thicker. It is surprising to note 
 how many of the Sophismes Anarchiques are derived 
 from the Roman hypothesis in its French transforma- 
 tion. The doctrine "all men are equal," meant 
 literally what it said, in the eyes of the Antonine juris- 
 consults ; as meaning " all men ought to be equal," 
 it was credited by the modern civilians, arising from 
 their " law of nature," and in the middle of the 
 eighteenth century passed over, with the Jus Naturale, 
 to America : of all the principles of 1789, it is the one 
 which has been the least strenuously assailed, most 
 thoroughly leavens modern opinion, and which promises 
 to modify most deeply the constitution of society and 
 the politics of States.^ 
 
 The greatest function of the law of nature was 
 discharged in giving birth to modern international 
 law,^ and the Jus Gentium, which was elevated to the 
 dignity of international law during the Roman peace 
 is the element of Roman law in the latter.' 
 
 The Brehon lawyers speak of a law of nature 
 which term, in the Senchus Mor, is applied to the 
 ancient pre-Christian ingredient in the law.* 
 
 1 Et sup., " Ancient Law," chaps, iii., iv. ' Ibid., chap iv. 
 
 » " International Law," lects, i., ii. 
 * " Early History," chap. ii. 
 
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24 ETHICS 
 
 Moral philosophy previously to the break in its 
 history by Kant is extraordinarily indebted to Roman 
 jurisprudence. It has almost wholly lost its older mean- 
 ing except where it is at present preserved in a debased 
 form in the "casuistry" still cultivated by Roman Catholic 
 theologians. The science was constructed by taking 
 principles of conduct from the system of the Church ; 
 and by using the language and methods of jurisprudence 
 for their expression and expansion. But the amount of 
 Roman law has sensibly diminished by the time we 
 come to the Spanish moralists. The casuists and the 
 followers of Grotius formed two great schools of 
 thought ; but Grotius' book is rather an attempt to 
 determine the law of nature. All philosophy of right 
 and wrong termed " casuistry " has origination in the 
 distinction between mortal and venal sin : it received 
 its last blow in the " Provincial Letters " of Pascal. The 
 ancient Greeks never felt seriously perplexed by the 
 great questions of free will and necessity ; nor ever 
 showed the smallest capacity for producing a philosophy 
 of law, which latter was founded with respect to modern 
 Europe, by the school of Boulogne." 
 
 ' " Ancient Law,'' chap. ix. 
 
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INTERNATIONAL LAW 
 
 25 
 
 PART VI 
 
 INTERNATIONAL LAW 
 
 The confusion between the " Jus Gentium," and inter- 
 national law is entirely modern, for the classical ex- 
 pression for the law of war, the law of negotiation 
 and diplomacy is " Jus Feciale," which is derived from 
 ijtvaig {i.e. " nature "), [vide notes on Law of Nature 
 and Equity].^ Modern international law is, however, 
 partly derived from the law of nature [vide notes on 
 Modern History of the Law of Nature], and its giving 
 birth to international law is the greatest function of 
 the latter. The law of jiatigns is, founded on two 
 p ostula tes. The first is t hat there is a determinable I 
 law of natur e. Grotius and his successors took this 
 assumption directly from the Romans : but they differed 
 widely from the latter in their ideas as to the mode of 
 determination. Setting aside the conventional part, 
 most of the law of nations as created by them consists 
 of Roman law, and doctrines of jurisconsults in 
 harmony with the Jus Gentium. It is difficult to know 
 whether their subject is law or morality ; and whether 
 the state of international law they describe is actual or 
 
 1 " Ancient Law," chaps, iii., iv, " International Law," lects. 
 i., ii., &c. - " International Law," lects. i., ii. 
 
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26 INTERNATIONAL LAW 
 
 ideal. The second assumption is that natural law j s 
 bmding_on States " inter se." But there is no passage 
 in Roman law which proves that the jurisconsults 
 believed natural law to have had any obligatory force 
 between independent commonwealths. The condition 
 of Europe was long such as to preclude any universal 
 reception of a law of nations, which was supposed by 
 early modern interpreters of Roman jurisprudence, 
 misconceiving the meaning of " Jus Gentium," to have 
 been bequeathed by the Romans as a system of rules 
 for the adjustment of international transactions. Ayala 
 and Grotius adopted from the Antonine jurists the 
 conclusion that the Jus Gentium and Jus Naturale were 
 identical, and maintained that the law of nature is the 
 code of states ; and they were rewarded with the 
 enthusiastic assent of the whole o£ Europe. It is 
 essential that commonwealths should be considered 
 equal, if the society of nations is to be governed by 
 international law. The part of the latter referring to 
 " dominum " is pure Roman property law, as also are the 
 rules relating to the acquisition of territory and modera- 
 tion of wars. For the Jus Gentium to be applicable, 
 sovereigns must be deemed related to one another like 
 ordinary Roman proprietors, and sovereignty must be 
 territorial, and the sovereign must be absolute owner 
 of the territory of the states. But the c onception o f 
 territorial sovereignty was notentertained during a large 
 portion of modern history. After the barbarian irrup- 
 tions had subsided the notion of sovereignty assumed 
 was tribe sovereignty, and the claims of the several 
 tribes, who considered themselves nomad hordes, were 
 
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INTERNATIONAL LAW 2/ 
 
 not based on territorial possession ; the Merovingian 
 chieftains, descendants of Clovis, when part of Trans- 
 alpine Gaul and Germany had become France, were and 
 called themselves kings of the Franks ; and, when used,, 
 territorial titles were considered merely convenient as 
 designating the rulers of portions of the tribal posses- 
 sions ; but the king of the whole tribe was king of his 
 people, not of his lands. The idea of universal 
 dominion, " a ut Caesar aut nuUus ," was the alternative o f 
 tribal so vereignty. If a chieftain would no longer be 
 king of his tribe, he must be king of the world with 
 the full prerogatives of the Byzantine emperors ; and 
 Charlemagne only took the course which the character- 
 istic ideas of the age permitted him to follow. 
 Territorial sovereignty w as the distinct offsho ot o f 
 feudalism, which, limiting personal duties, limited 
 personal rights to the land. 
 
 The connection of confederate states in the Romano- 
 German Empire was regulated by means of Imperial 
 Constitutions ; and the German lawyers considered the 
 Jus Gentium inapplicable. With the decay of feudal 
 and ecclesiastical in fluences during the fourteenth and 
 especially th^ fifteenth centuries, t he views of Ayala 
 and^ Grotius progressed. The marvellous success of 
 the " De Jure Belli et Pacis " may be partly explained 
 by the horrors of the Thirty Years' W ar. As it is 
 assumed by the theory of international law that states 
 are related to one another in a state of nature, and 
 the component atoms of this society are independent 
 and insulated ; if an universal suzerainty had been 
 admitted, the labours of Grotius would have been idle. 
 
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28 {NTERNATIONAL LAW 
 
 and if sovereignty had not become territorial, three 
 parts of the Grotian theory would have been incapable 
 of application.^ 
 
 The term international law has been limited to 
 those rules existing as the law of nations between 
 Grotius and Vattel.^ In the time of Grotius, war wa s 
 not even an art ; but at present it might be termg d a 
 science. i. The acceptance of international law by 
 nations is a late stage in the diffusion of Roman law, 
 never wholly lost, over Europe. 2. International law 
 was generated before the era of legislation, and, like 
 Roman law, did not spread over the world by legis- 
 lation, but possessed a power of self-propagation. 
 3. The Roman element in international law was the 
 Jus Gentium part of Roman law. The influence of 
 Grotius is still perceptible in modern manuals of war. 
 
 In the world divided between the Roman Emperor 
 and the King of Persia, there would be little room or 
 need for international law. Some writers consider 
 that the original Jus Gentium was often used as law 
 binding on tribes and nations as such ; but the Jus 
 Gentium was not exalted to international law till, 
 probably, the Roman peace, which transformed the 
 Roman law from a technical to a highly plastic system. 
 There are two_theories concernin g the foundation_of 
 international law — viz., (i) It is a system of positive 
 institutions founded on consent and usage ; (2) it is 
 founded on a system of rules applied to nations as 
 
 ' Et sup., " Ancient Law," chaps, iii., iv. 
 
 ^ Et seq., " International Law," lects. i., ii., iii. 
 
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INTERNATIONAL LAW 29 
 
 moral persons, &c. ; but neither are worth adopting. 
 The law of nations, of which there is a natural as 
 well as a positive, consists of: (i) general principles of 
 right and justice suitable for the government of in- 
 dividuals and nations ; (2) usages, customs, and 
 opinions ; (3) and, lastly, a code of positive law. 
 I ndividual and i nternational morality are parts of one '■ 
 and the same science ; and the whole question of inter-, 
 national law, if admitted to be derived from the law 
 of God, is one of ethics ; and so there would be no 
 demand for a sanction. International law has, like 
 systems of morals and religion accompanied by laws, 
 gained currency through its own moral influence. What 
 Justice Stephen says of the sources of religion applies 
 to morality and to the law of nations. The latter is a 
 code in the same sense as Eastern collections of rules, 
 founded on a new morality ; and, on its first ap- 
 pearance, it excited unbounded enthusiasm. Indeed, 
 Grotius' book^ shows Jthat.. international Jaw is essen- 
 tially a moral and religious system. Austin has not 
 succeeded in injuring the force of international law ; 
 for the latter, it must be remembered, has but slender 
 connection with " positive law " ; and one sense of law, 
 if used consistently, is as good as any other. I t is a 
 habit of mind, not fea r of a sanctio n, that causes law to 
 be obeyed ; and if they have not created a sanction, the 
 founders of international law, by creating a strong 
 approval of a certain body of rules, have created this 
 law-abiding .sentiment. 
 
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30 INTERNATIONAL LAW 
 
 INTERNATIONAL SOVEREIGNTY ' 
 
 The view of sovereignty entertained by the earliest 
 international jurists was at bottom " dominum " ; and 
 individuals (the several sovereigns) were considered the 
 subjects of international law ; which fact was favour- 
 able to the latter, as it enabled states to be regarded as 
 moral beings bound by moral rules. The indivisibility 
 of sovereignty insisted upon by Austin does not belong 
 to sovereignty in international law. 
 
 MARE LIBERUM^ 
 
 The earliest development of international law consisted 
 in a movement from " mare liberum " to " mare 
 clausum " ; for originally the sea was common and free 
 only in the sense of being universally open to depreda- 
 tion ; but the progress thenceforward was from " mare 
 clausum " to " mare liberum." The claims of England, 
 which have almost dwindled to the "King's Chambers," 
 owing to the expenses of lighting, &c., are really dis- 
 advantageous to her, 
 
 ARBITRATION ^ 
 
 As nations fight because they cannot go to law, disputes 
 should be referred to arbitration. But in international 
 law arbitration is peculiar, as there is no court of 
 justice, nor the force underlying its operation that there 
 
 ' " International Law," lects. ii., iii., xi. 
 = Ibid., lect. iv. ^ Ibid., lect. xii. 
 
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INTERNATIONAL LAW 3 1 
 
 IS in municipal law ; and this want of coercive power 
 is a great drawback. It may also be objected to arbi- 1 
 tration that there are s ome state s which, just as insur- 
 ance companies in municipal arbitration, are unpopu lar 
 l itigant s. A third objection is the unsatisfactory com- 1 
 position of courts of arbitration ; and the fact that 
 ju rists are indispensable, an d what is no w a jurist? The 
 courts do not exercise a continuous jurisdiction ; and, 
 fifthly, the future effect of decisions on the rights of 
 neutrals is not sufficiently kept in view. 
 
 The formations of great empires, the institution of 
 forms of trial, and fines ; the arbitration, to some 
 extent in Christendom, of the Pope ; and the influence 
 of writers on international law, have, heretofore, tended 
 to prevent wars. As to modern proposals to abate 
 war, there is a great deal in Molinari's League of 
 Neutral Powers, b y which one of the duties of neutrality 
 is to thwart belligerency ; and the breaking out of war 
 becomes a^ " casus bellP' for other states. Could it not 
 be arranged that all the sovereigns of civilised nations 
 should agree to constitute a single and permanent court, 
 board, or assemblage of arbitrators who may in future 
 act as referees in any questions submitted to them by 
 any community or communities ? 
 
 Belligerency can only be arrested by sacrifices on 
 the part of states wh en at peace with o n e ano ther, and 
 desirous of its continuance ; and it is only by local 
 isolation that it can possibly be extinguished.' 
 
 1 " International Law," lect. xii. 
 
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32 ORIGIN AND HISTORY OF PROPERTY 
 
 PART VII 
 
 ORIGIN AND HISTORY OF PROPERTY 
 
 Property in land as known to communities of the 
 Aryan race has arisen from (i) the disentanglement of 
 the individual from the collective rights in the family or 
 tribe ; (2) from the growth and transmutation of the 
 sovereignty of the chief.' The modern English con- 
 ception of absolute property is descended from th e 
 special proprietorship_of the__chi££ first over his own 
 domain lands, and then over the tribal lands. Property 
 in land has grown out of the dissolution of those bodies 
 of men in which the idea of common ancestry has been 
 entirely lost, as in the manor, or fief ; the Indian village 
 communities, bodies of men simply held together by 
 the land they occupy, as opposed to the Russian village 
 communities, who believe in their common ancestry, 
 and have a periodical redistribution of the land ; the 
 house community of the Sclavonians, which absorbs 
 strangers ; and the joint family of the Hindus, a body 
 of actual kinsmen, joint in food, worship, and estate.' 
 From the Brehon law ' we find that in the Irish tribe, 
 a corporate organic and self-sustaining unit, a holder of 
 
 1 Et seq., " Early History," lect. v. 
 
 2 Ibid,, lect. iii. ' Ibid., lect. iv. 
 
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ORIGIN AND HISTORY OF PROPERTY 33 
 
 an allotment cannot alienate what he has as tribesman 
 without the consent of his tribe, though he can do so 
 in case of great necessity, to the extent of one half ; 
 and this is the case in Russian and Indian village com- 
 munities ; and under the Hindu law, all the gains of a 
 professional man, unless he has become learned other- 
 wise than at the expense of his family, become part of 
 the family property. 
 
 Of the three theories' concerning the relation between 
 the chief and the tribe, viz., (i) the chiefs owned the 
 land and were oppressed rack-renters ; (2) the Norman 
 barons became such rack-renting chiefs ; (3) the lan d 
 belonged absolutely to the tr ibe, and_the chief merely 
 received a remuneration as administrati ve office r ;_the_ 
 last is the true jone. The tribe's territory eventually 
 became permanently alienated to sub-tribes. The 
 power of the chief grew through the colonising of waste 
 lands and commendation. Next to land," cattle has 
 been the most important commodity, which, at first 
 valuable for flesh and milk, and also for manure and 
 the plough, became the medium of exchange ; and the 
 Brehon fines were paid in cattle. The system of giving 
 and receiving stock in the Senchus Mor is explained by 
 the fact that the chief had more cattle than pasture. 
 
 From the practice of the chief giving stock and the 
 tribesmen taking it, have grown the right to rent, and 
 the liability to pay it ; and most of the incidents of 
 feudal tenure, vassalage, and the effects of commenda- 
 
 ' Et seq., " Early History," lect. v. 
 ? Et seq., Ibid., lect. vi. 
 
 C 
 
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34 ORIGIN AND HISTORY OF PROPERTY 
 
 tion. The chiefs themselves took stock, and in time 
 the taking became a fiction, and was commendation; 
 and the Brehon tracts show that the natural growth of 
 feudalism formed part of the process by which the 
 chief's authority was extended, and the derivation of 
 " feud^ " &c., from " emphyteusis," is abandoned, it being 
 really derived from " vieh," which, like " pecus," origin- 
 ally meant cattle, but came to mean property 
 generally. 
 
 The Romans ' classed the modes of acquiring pro- 
 perty among the laws of nature ; and with them 
 " occupation " was the advisedly taking possession of 
 what at the moment was the property of no one, with 
 the view of acquiring ownership in it. They have 
 always made the conjecture that the institution of pro- 
 perty is not so old as the existence of mankind. 
 Blackstp ne's theory of the origin of property is unten- 
 able ; for it is probable that the occupant's right of 
 possession would only last as long as he had the 
 physical power of enforcing it, which would be a very 
 short time. The object of those who say that occu- 
 pancy first gave a right against the world to an 
 exclusive but temporary enjoyment, which right after- 
 wards remained exclusive, but became perpetual, was to 
 reconcile the doctrine that in a state of nature " res 
 nullius " became property through occupancy, with their 
 inference that the patriarchs in Scripture did not at 
 first permanently appropriate the soil. 
 
 Savigny has laid down that all property is founded 
 
 ' Et seq., " Ancient Law," chap. viii. 
 
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ORIGIN AND HISTORY OF PROPERTY 35 
 
 on adverse possession ripened by prescription ; but this 
 statement is made only in respect to Roman law ; and we 
 must consider him to assert that we can get no further 
 than a conception of ownership involving the following 
 three elements : possession, adverseness of possession — 
 a holding, not permissive or subordinate, but exclusive, 
 against the world — and prescription, i.e., the period of 
 time during which the adverse possession has uninter- 
 ruptedly continued. This canon is valuable in that it 
 ■draws our attention to the weakest point of the theory. 
 The true basis of the theory seems to be the popular 
 notionrthat an occupant becomes owner because every- 
 thing valuable is deemed to have some owner, and no 
 one can b e pointed out with a better right than the 
 occupant. T he popular impression a s to the part played 
 by occupancy directly reverses the truth ; for the acts 
 and motives supposed by the theories of occupancy, are 
 those of individuals ; but joint ownership _and^ not 
 separate ownership is the really archaic instituti on ; the 
 impression that individual proprietorship is the normal, 
 having been derived from the Roman law, transformed 
 by the theory of natural law ; and the latter differed 
 from the former in the account it took of individuals, 
 its greatest service being the enfranchising them from 
 the authority of archaic society.' 
 
 The Mahometan theory of ownership was that all 
 private property in land existed by the sufferance of 
 the sovereign, who was the absolute owner of all 
 land.^ 
 
 1 Et stip., " Ancient Law." 
 
 2 " Village Communities," lect, iv. 
 
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36 ORIGIN AND HISTORY OF PROPERTY 
 
 The distinction ' of "movables " and " immovables " is 
 modern. The former corresponded with "things 
 destructible by fire " ; and " fixtures " came to be 
 included among "immovables," though leases in 
 English law are included among " personalty." 
 
 " Allod," as distinguished from " feud," originally 
 signified an aliquot part, and was formerly restricted to 
 certain property held by freemen ; and " feud " was 
 originally restricted to that held by servants.^ 
 
 The history^ of the Roman law of property is th e 
 history ^f the assimilation of " res mancipi" and "r es 
 nee mancipi " ; of European property law, it is the 
 history of the subversion of the feudalised law of land 
 by the Romanised law of movables. In Roman law 
 the division into " movables and immovables " was but 
 slowly developed. " Res mancipi " at first enjoyed 
 precedence just as heritable property in Scotland^ and 
 realty in England ; and in Roman law those things 
 first known as objects of enjoyment were emphatically 
 dignified with the name of property ; and this is why 
 the most costly jewels never ranked as " res mancipi." 
 After Justinian abolished the distinction, the fact of 
 " traditio " becoming the sole conveyance, led the 
 jurisconsults to a belief that which is exactly the 
 reverse of the truth — viz., that " traditio " is more 
 ancient than mancipation. 
 
 All Germanic peoples, except the Anglo-Saxons, 
 forbade alienations which were not consented to by the 
 
 1 " Early Law and Custom," chap. 
 
 2 " Ancient Law,'' chap. viii. 
 
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ORIGIN AND HISTORY OF PROPERTY 37 
 
 male children ; and they were altogether prohibited by 
 the primitive law of the Sclavonians.^ The German 
 rules for transfer of property outside the allod, e.g., 
 the "whergeld," and "reifus," originated in Roman 
 law. The English distinction has been between land 
 (with which ranked, e.g., heirlooms) and goods. The 
 reason why a Statute of Limitations was obtained so 
 late in English law was the influence of the Canon 
 law, which discredited pirescription in accordance with 
 the doctrine of the scholastic jurists, of the realistic 
 sect, concerning the indestructibility of rights. An 
 expedient, resembling the " in jure cessio," suggested 
 itself to our forefathers and produced the " Fines and 
 Recoveries." In Roman law, anything corresponding 
 to the " injunction " of the Chancery Court, in the case 
 of " bonorum pdssessio," was unnecessary, owing to the 
 same Court administering law and equity. The 
 special proprietorship of the mortgagor, cestui-que-trust, 
 4&c., in English law, resembled the "bonorum possessio" 
 of Roman law. The distinction between Quiritarian 
 and Bonitarian ownership, has had nothing to do with 
 feudalism ; and it was not the jurisprudence of 
 Justinian, but the undigested system of Western 
 Europe that " clothed with flesh and muscle the scanty 
 skeleton of barbarian usage." 
 
 The " lat^undia " of the Roman patricians were 
 cultivated by slave-gangs ; and the practice of letting 
 out " agri vectigales " began with the " municipia," and 
 was followed by individuals. The praetor recognised 
 
 ' Et seq., " Ancient Law," chap. viii. 
 
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38 ORIGIN AND HISTORY OF PROPERTY 
 
 the tenant as having an "emphyteusis" proprietorship ; 
 and the slave-gangs of the patricians, becoming "coloni," 
 rendered to the landlord a fixed portion of the crop. 
 The " coloni medietarii " reserved half the produce for 
 the owner, and were the origin of the " metayer " 
 system. It was on the terms of an " emphyteusis," 
 but garrison duty taking the place of rent, that veterans 
 occupied the " agri limitrophi " ; and it is by the fact 
 of the grantee's heir succeeding to the " emphyteusis " 
 that the tendency of " benefices " to become hereditary 
 is explained, the duty of gratitude and of providing 
 dowries, &c., being derived from the ancient relations 
 between " patrones " and ".clientes." 
 
 There are diverse alleged origins of feudalism,' 
 among which are numbered, firstly, the occupation of 
 the " agri limitrophi " by the veterans ; the ancient 
 relations existing between the "patrones" and "clientes"; 
 the " beneficia," by the conquering Teutonic kings, which 
 like emphyteusis (a fourth), were not at first hereditary ; 
 the tenancy of "fuidhirs;" and the "taking stock" 
 from the chiefs, the term feud being derived from "fihu," 
 the stock — i.e., cattle — taken. When land became more 
 valuable than cattle, gifts of the former took the place 
 of gifts of the cattle, and this explains the transforma- 
 tion of the legal aspect of landed property. 
 
 The third of the above explanations of the origin of 
 feudalism, the " beneficia," is insufiScient.^ The auto- 
 cratically governed manorial group resembled and suc- 
 
 'i Early Law and Custom," chap. x. . — 
 Et seq., " Village Communities," lect. v. 
 
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ORIGIN AND HISTORY OF PROPERTY 39 
 
 ceeded the cultivating group, which was democratic ; 
 and the rights of the free tenants remained after the 
 waste land of the community had become the lord's 
 waste, though theoretically by the lord's sufferance ; and 
 the free tenants correspond, in the main, to the free 
 . heads of the households of the old village community : 
 the Manorial Courts, Court-Leet, Court-Baron, and 
 Customary Court of the Manor, are all descended from 
 the township — the tie connecting the common interests 
 of the cultivators ; and the encroachments of the lord 
 were in proportion to the uncertainty of the rights of 
 the community. Under the Roman law " res nullius " 
 were reserved to the community; under feudal law they 
 belonged to the lord. According to the German writers,(V 
 the " great cause of feudalisation " was inter-tribal war ;. 
 when conquered, the waste was either colonised, the \ 
 effect of which was " inequality," or restored entire to J 
 be held in dependence, the effect of which was '' suze- 
 rainty" or "lordship"; and from the "families" military 
 leaders were chosen with political, judicial, and military 
 power, with a share of the land.' Though this^ theory 
 thus accounts for all the elements of feminism, the 
 s ystem in its ultimate develo pment is. the result of a 
 double set of influences, the^Jboyef^md another coming 
 into existence when grants^ oJ| national waste or con- 
 quered land were made, after the powerful Teutonic 
 monarchies were formed by the sovereign. The reason 
 why feudalisation, once at work in India, was never 
 completed there, is that the kings did not trouble them- 
 
 ' Et seg., " Early History," lect. v. 
 
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40 ORIGIJM AND HISTORY OF PROPERTY 
 
 selves about the cultivating societies ; and owing to 
 the greater wars, there was no time for inter-tribal 
 fighting. 
 
 From the growth and transmutation of the power of 
 the chief have arisen certain rights to dues and certain 
 monopolies and primogeniture. In France, as the land 
 was mostly held by the peasantry, the nobles lived, 
 not on rent, but on feudal dues ; and the law of the 
 people became, though it was just the contrary in 
 England, the land law of the nobles. Feudalism ' has, 
 according to Bishop Stubbs, arisen from the benefice 
 and commendation ; and the reasons are to be looked 
 for in the general disorders of the times : it is probable 
 that civil and criminal responsibility had some effect. 
 As to the practice of " giving stock," the more stock he 
 received, the lower sank the tribesman. There were 
 two classes of tenants: the "saer" and the "daer" 
 tenants. The former took a small amount of stock 
 and remained free, and had the use of the cattle ; but 
 they had to give up, for seven years, all increase and 
 milk, paying homage also, to the chief, and performing 
 manual labour for him, or, in lieu thereof, military 
 service. The " daer " tenant laboured for the chief, 
 and provided him with a calf and refections if he 
 received three heifers. The chief's ownership of stock 
 is illustrated by the English "heriot." The "daer" tenant 
 was owner of his land, and so differed from a " metayer " 
 tenant, and the acceptance of stock by him was dis- 
 couraged by his tribe. 
 
 ' Et seq., " Early History," lect. vi. 
 
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ORIGIN AND HISTORY OF PROPERTY 4 1 
 
 Dr. Sullivan derives the words " feud," &c., from 
 " fuidhir." The fuidhirs were servile denizens work- 
 ing for a tribe, or for the chief to whom they paid rent, 
 and who settled some of them on unappropriated tribal 
 lands. They were tenants at will, and rack-rentable ; 
 their position was inferior to that of the " daer " tenants ; 
 and their having no status rather than degradation, 
 were the cause of their wretchedness.' 
 
 RENT ^ 
 
 The right to re nt and liab ility to. pay it hj.s originated 
 from the p ractice of g iving stock and receiving it from 
 the chief by thetribesman.^ It is highly probable that 
 the various layers of the society of a village community 
 were connected by a systematic payment of rent. As 
 soon as a community has become a close corporation, 
 new-comers would be admitted only on the condition 
 of rendering service or the paying of rent. Oriental 
 sovereigns take a share of the produce of the soil ; and 
 it was by assignments of such, and not by rent, that 
 such nobility as exists is supported. T he fund out o f 
 which rent is provided is a British creation . In village 
 communities, which do not show that mere lapse of 
 time conferred any right on one section of the group 
 as against the other, it is admitted that rent never has 
 been paid, and evictions are rare. The most ancient 
 
 ' " Early History," lect. vi. 
 
 2 " Village Communities," lect. vi. 
 
 3 " Early History," lect. vi. 
 
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42 RENT 
 
 rules concerning rent are contained in the Senchus 
 Mor, according to which the three rents are "rack," 
 " fair," and " stipulated " rents. The first was from a 
 stranger tribe ; and the "fair" was paid by the tribe's 
 members ; whilst the " stipulated " was paid equally by 
 the tribe and the stranger tribe. 
 
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INTESTATE SUCCESSION 
 
 PART VIII 
 
 INTESTATE SUCCESSION ■ 
 
 Intestate is the most ancient succession in spite of 
 the doctrine that testamentary is the natural one/ 
 When a family became totally extinct, the tribe to 
 which it belonged succeeded to the property/ Where- 
 individuals of the family had property, the family in 
 some way or other succeeded ; and after wills had 
 come into use, the laws of Solon, the Roman law, 
 and the will of Bengal prohibited the disinheriting of 
 certain relatives. Under the Mosaic system all the 
 kindred were entitled to succeed, and Hindu male 
 children, like the ancient Germans, were co-proprietors 
 with the father, though to property other than the 
 " allod " German women and their children could 
 succeed ; and equal distribution is that ordained under 
 the French Code.^ 
 
 Among the Hindus the instant a son is born he- 
 acquires a vested right in his father's property, whiclv 
 cannot be sold without recognition of his joint owner- 
 ship ; and on attaining majority, he can, without 
 waiting for his parent's death, dispense with any 
 
 1 " Ancient Law," chap. vi. ^ Ibid., chap. viii. 
 
 ' Ibid., et seq., chap, vii. 
 
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44 INTESTATE SUCCESSION. PRIMOGENITURE 
 
 necessity for succession " ab intestate," and compel 
 partition of the estate. In most archaic societies 
 intestate succession is "per capita"; then comes 
 succession " per stirpes," and lastly the property of a 
 •deceased is distributed among his direct descendants,' 
 The connection between succession and the perform- 
 ance of a dead man's obsequies was intimate ; and it 
 was owing to the idea that the eldest son was the most 
 likely to confer spiritual benefit on his father, that he 
 succeeded to more of the property than the other sons, 
 and sometimes to the whole, though equal distribution 
 was the most general ; and as they could not worship 
 their ancestors satisfactorily, this was the reason why 
 women were excluded from the succession, though when 
 it agreed with the interests of the Brahmans, the priests 
 and lawyers allow them to succeed ; " but later they 
 objected to women's succeeding at all ; and ultimately 
 their dislike created the Suttee.^ Where a son had a 
 birthright (as the eldest son under the influence of 
 ancestor- worship) its object was generally to secure 
 impartial distribution ; and although, as has been already 
 stated, the eldest son sometimes succeeded to the 
 whole of the deceased's estate, "primogeniture" was 
 unknown to the classic world.* It is, as a rule of 
 succession to property, a product of tribal ownership 
 in its decay and the growth and transmutation of the 
 power of the chief,* and it arose with the irruption of the 
 
 ' " Early History," lect. vii. 
 
 2 Et sup., " Early Law and Custom," chap. iii. 
 
 ' " Early History," lect. xi. 
 
 < Ibid., lect.vii. ^ Ibid., lects. v., vii. 
 
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INTESTATE SUCCESSION. PRIMOGENITURE 45 
 
 barbarians, when election became necessary. Its origin 
 from benefices, distributed on a great scale by Charle- 
 magne, may be thus explained : the beneficiaries 
 succeeded, through the feebleness of Charlemagne's 
 successors, in enlarging their tenure and continuing 
 their land in their families after death ; and they 
 agreed, as to what should be the rules governing the 
 succession, with the grantors ; and the benefices 
 became, like emphyteusis,' hereditary ; and the popu- 
 larity of allowing the eldest son alone to succeed and 
 become legal proprietor of the inheritance led to the 
 mode of succession called primogeniture. In a patri- 
 archally governed group the eldest son might succeed 
 to the government of the agnatic group, i.e., to the 
 " political power," and to the absolute disposal of the 
 property ; but he was not a true proprietor ; and when 
 the group of kinsmen ceased to be governed by an 
 hereditary chief the domalin was equally divided among 
 all. But Roman jurisprudence looked upon uncon- 
 trolled power over property as equivalent to ownership ; 
 and the contact of the refined and barbarous notion 
 created the conception of primogeniture.^ 
 
 Prior to the introduction of English law, Irish land 
 descended according to the rules of Tanistry, or Gavel- 
 kind.' On the death of the landowner, all the land 
 of the sept was redistributed, the male members thereof, 
 including bastards, being the successors. 
 
 The successor to the Irish chieftaincy was the eldest 
 
 1 " Ancient Law," chap. viii. ^ Et sup., " Ancient Law." 
 
 3 Et seq., " Early History," lects. iv., vil. 
 
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.46 INTESTATE SUCCESSION. PRIMOGENITURE 
 
 and worthiest in blood, as a brother. Doubt existed 
 -up to the time of Henry II. as to whether the deceased's 
 son or brother had the better right to succeed. All rules 
 of inheritance are made up of the debris of the various 
 forms which the family has assumed ; and primogeniture 
 •is a political not a tribal institution. In the succession 
 •to abbacies, blood relatives of the deceased abbots were 
 preferred. In India literary fosterage created certain 
 -rights of succession.' In ancient codes of law, the 
 rules relating to intestate succession were not treated 
 of as being the most important, precedence being given 
 to procedure and thefts.^ 
 
 ' Et sup., " Early History," lects. iv., vii. 
 2 " Early Law and Custom," chap. xi. 
 
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TESTAMENTARY SUCCESSION 47 
 
 PART IX 
 
 TESTAMENTARY SUCCESSION 
 
 In Europe' the barbarians were strangers to any such 
 conception as that of a will, which they ultimately 
 derived from the Romans. As religious foundations 
 derived their temporal possessions chiefly from private 
 bequests, it is not surprising that the earliest provincial 
 councils condemned tJiose who denied the sanctity of 
 wills : it was the influence of the Church that chiefly 
 prevented discontinuity in the history of testamentary 
 law. 
 
 The jurists of the se venteenth century, in m aintain- 
 ing that succession "ex te stamento " is the natural an d 
 normal mod e of succession which ought to be followed 
 primarily, imply either that testamentary succ^sionjs^uni- 
 versal, which is untenable, or that nations are prompted 
 to sanction it by an original impulse or instinct,^ which 
 is contrary to the best ascertained facts in t he early 
 history of law : the truth is that intestate inheritance is 
 a more ancient institution than testamentary succession. 
 It may be that the Athenian will, an inchoate testa- 
 ment, was indigenous ; but the rudimentary will of the 
 Jews was probably derived from their contact with the 
 
 1 Et scq., " Ancient Law," chap. vi. 
 
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48 TESTAMENTARY SUCCESSION 
 
 Romans ; and sonie suppose that the will of Bengal 
 was an invention of Anglo-Indian lawyers, for among 
 the Hindus adoption filled the place of wills. The 
 leges Barbarorum were destitute of any traces of testa- 
 mentary succession. 
 
 The cause of the assertion that all testaments were 
 originally legislative enactments is that the earliest 
 Roman testaments were executed by the " comitia 
 curiata " ; but the modern will is not descen ded from the 
 t estament " calatis commitii s." The latter will probably 
 originated from the reversionary rights of the Gentiles. 
 There was a time when the will di d not take effect at 
 death only , was not secre t, was irrevocable ; and the 
 invention of the Romans was originally looked upon, 
 not as a contrivance for parting property from the 
 family, but as a means of making better provisions for 
 the members of the household than could be secured 
 by the rules of intestate succession ; and this accounts 
 for the mode of inheritance in the case of sovereignty. 
 It was an instrument regulating the devolution of the 
 " family," declaring the succession to the chieftaincy ; for 
 primitive society consists of " family " units ; and the 
 notion of a will was inextricably mixed up and 
 confounded with the theory of a man's posthumous 
 existence in the person of his heir, the notion that a 
 man never dies being the centre round which the whole 
 law of testamentary and intestate succession circles ; 
 though the theory of identity is much older than any 
 form or phrase of succession " ex testamento." It is 
 thus intimately connected with the "sacra," which acquire 
 increased importance whenever the continuous existence 
 
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TESTAMENTARY SUCCESSION 49 
 
 of the family is endangered ; and which embraced, in 
 the time even of Cicero/ inheritances and adoption, on 
 the former of which he says they constituted an intoler- 
 able burden. 
 
 The character of the " haeres " was the same whether 
 he took " ab intestato " or by testament ; and " haere- 
 ditas est successio in universum jus quod defunctus 
 habuit " ; and unless provision was made in the will for 
 the instant devolution of the testator's rights and duties 
 on the heirs or coheirs, the testament lost all its effect. 
 The family was a corporation, and the heir succeeded 
 to the testator as its public officer, being the successor 
 " uno ictu " to the " universitas juris," which differed from 
 other bundles of rights and duties, in having once 
 belonged to one and the same person. 
 
 The Roman " testamentum per aes et libram " was an 
 ordinary mancipatio n, an out-and-out conveyance, un- 
 conditional, irrevocable and of immediate effect ; and 
 the instrument declaratory of the bequests bore the same 
 relation to a testament as the deed leading the uses 
 bore to the fines and recoveries of old English law; 
 or as the charter of feoffment bore to the feoffment 
 itself. With the testament " septem signis signatis," 
 sealing first appears, though it was known to the 
 Hebrews. By the Roman will is generally meant that 
 made in accordance with the Jus Tripartitum. The 
 Romans, in their horror of intestacy were very different 
 from the F rench , w ho prefer being saved the trouble of 
 making a will; and this horror is explained by their 
 
 " Early Law and Custom," chap. iii. 
 
 D 
 
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50 TESTAMENTARY SUCCESSION 
 
 considering the will as a means of makin g goo d 
 provisions for their families j for the power of diverting 
 property from the family is not older than the latter 
 portion of the Middle Ages, when feudalism had 
 completely consolidated itself When movables became 
 completely disposable by will, claims of children became 
 obliterated, though the widow's were still respected, the 
 change being attributable to primogeniture. Testa- 
 ments became the principal means of producing 
 inequality ; and t here could be no broader distinctii jn 
 than that bet ween free testamentary disposit ion^ and a 
 system like feudalism.^ 
 
 'Ancient Law," chaps, vi., vii. 
 
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MARRIED women's PROPERTY 51 
 
 PART X 
 
 EARLY HISTORY OF THE PROPERTY OF 
 MARRIED WOMEN ' 
 
 The first stage in the history of Married Women's Pro- 
 perty is when the wife enters " in manum " of her husband ; 
 the next is marked by the contrivance of the annual 
 absence for three nights and days ; and the " manus " 
 (which originally denoted not only the marital, but the 
 whole power of the paterfamilias), being thus evaded, 
 the conditions of the wife's property, owing to her 
 guardian's power being nominal, resembled that of a 
 married woman under a modern marriage settlement. 
 Then comes the " dos," a contribution by the wife or 
 another on her behalf to support the expenses of the 
 conjugal household, to provide which the Leges Julian 
 €t Papia Poppsea obliged parents ; and from this com- 
 pulsory dotation is derived the "doarium," by which a 
 third of the rents and profits of a deceased husband 
 ■went to his widow. The " corpus " was only capable 
 of alienation with the consent of the court. Minus the 
 dos, the wife's property, her " parapherna," distinct from 
 the present " paraphernalia," was under her exclusive 
 •control and disposal. 
 
 ' " Early History," lect. xi. 
 
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52 MARRIED WOMEN'S PROPERTY 
 
 If the Hindu " stridhan " — according to Manu, it 
 consisted not only of what the father, mother, husband, 
 or brother gave at the time of the wedding up to the 
 nuptial fire, but also included everything she acquired 
 by inheritance, purchase, partition, seizure, or finding — 
 originated in the Bride Price, part of which was paid 
 to the wife and part to her family, it consisted of, 
 firstly, property conveyed to the wife at the nuptial 
 fire ; secondly, of what corresponded to the Roman 
 " dos," from her own family ; and, lastly, of all her 
 property whatsoever. In the special succession to the 
 stridhan, female relatives were preferred. It is untrue 
 that men have tyrannised over the weaker sex ; and 
 the cause of the Brahmans' reluctance in placing pro- 
 perty in women's hands, was the same as that which 
 influenced them to assign individual rights—" capita " 
 as opposed to "stirpes" — viz., religion ; and this also, 
 together with the anxiety of the family, was the ulti- 
 mate cause of the " Suttee," an institution contrary to 
 the general law of the Hindus, which latter gave a 
 life-interest to a childless wife in preference to col- 
 laterals. 
 
 The differences in the histories of the Romans and 
 Hindus are accounted for by the fact that the one did, 
 and the other did not, favour and increase those 
 changes, which put an end to the seclusion and degra- 
 dation of women.' 
 
 1 " Early History," lect. xi. 
 
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BREHON LAW 53 
 
 PART XI 
 
 THE BREHON LAW 
 
 The first volume of the Irish law, the so-called Brehon 
 Laws, was published in 1865 ; but than the professed 
 Irish Code there is probably an older nucleus, corre- 
 sponding to the Twelve Tables, for juridical interpreta- 
 tion. The Brehon law, having grown, unlike Teutonic 
 and Roman laws, before the era of legislatures, is not 
 obscured by any legislation of centralised powers ; and, 
 containing strong analogies to Hindu law, it is an 
 authentic monument of ancient Aryan usages. The 
 law exists in the form of tracts, the two largest being 
 the "Senchus Mor," and the " Senchus Aicill." The 
 former is attributed to the fifteenth century, though it 
 professes to have been written under St. Patrick, which 
 is not impossible, as usages had been set down in 
 writing very soon after the conversion to Christianity. 
 The Senchus Aicill is referred to the fourteenth cen- 
 tury. Most of the Senchus Mor is in verse. Each 
 tract consists of an original text with glosses and 
 ■commentaries, and was probably the property of a 
 ■" Family Law School." The institutions contained in 
 
 ' " Early History of Institutions," lects. i., ii., iii., iv., v., vi., 
 ■vii., viii., x. ; " Early Law and Custom,'' chap. vi. 
 
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54 BREHON LAW 
 
 them are identical with those of early English law ; 
 but Spencer and Davis and the Statute of Kildare, 
 1367, have condemned them. The preface claims a 
 semi-divine origin for the Senchus Mor. The state- 
 ment that pecuniary fines originated in Christian influ- 
 ences is unacceptable : they probably succeeded simple 
 retaliation. 
 
 The Brehons were an hereditary class of professional 
 lawyers, resembled a caste, and were the creators of 
 the Irish law. Strong points of correspondence 
 existed between the functions of the Druids and those 
 of the Brehons, though the latter disclaimed any con- 
 nection with the former ; e.g., their authority as judges 
 and referees in cases of homicides, boundary disputes, 
 &c. ; their teaching in schools, the Irish course covering 
 twelve years ; their issuing law, and that in a poetic 
 form ; their discussions of philosophical matters, and 
 astronomical observations ; and the election and ap- 
 pointment of a chief of the order. The judicial power 
 once belonging to a popular assembly was delegated to 
 the Brehons, the most ancient of whom were of royal 
 blood ; and Brehon families became the hereditary 
 lawgivers of princely houses. They were not priests 
 — in this they differed from the Druids — which fact 
 accounts for the absence of supernatural penalties in 
 Brehon law. Their self-assertion — e.g., in classing 
 themselves with bishops and kings, and their claiming 
 that St. Patrick sanctioned their law — were the causes 
 of the existence and authority of the Brehon codes.' 
 
 ' £i mp., " Early Historj'," lect. i. ' Ei sup., Ibid., lect. ii. 
 
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BREHON LAW 55 
 
 They bore a strong resemblance to the Brahmans ' of 
 India. The " Senchus Mor " ' they maintained to be 
 formed on the law of nature — the ancient pre- 
 Christian ingredient — and the law of the " Letter " ; 
 provided the former did not clash with the latter. It 
 is objectionable to designate, as Dr. Sullivan does, part 
 of the Irish legal system as Statute Law ; for in ancient 
 time the legislator, like the judge, was only understood 
 to declare pre-existing law or custom. In his division 
 of the Continental Celts into Equites, Druids, and 
 Plebeians, Caesar overlooked the fact that the Equites 
 or chiefs stood in closer relations to their various septs 
 or groups than they did to one another ; and that the 
 Plebeians were distributed into every sort of natural 
 group. The tribal chief or king standing by the side of 
 the popular assemblies was the chief priest as well as 
 Captain of the Host; but among the Gauls and Celts 
 of Ireland he ceases to be a priest; and the popular 
 assembly acquire his judicial powers, only in the end to 
 surrender them to the Brehons. 
 
 The Law of Distress is the chief subject of Brehon 
 law. The lack of sanctions distinguished it ; and con- 
 sent to arbitration was made compulsory by seizure 
 of property. To enforce a legal rule, according to the 
 Senchus Mor, it was necessary to fast on the person ;* 
 but the principle could hardly be asserted after Chris- 
 tianity, ordaining fasting, had been adopted. Without 
 
 " Early Law and Custom," chap. ^•i. 
 Et seq., " Early History," lect. ii., &c. 
 Sitting " dharna." 
 
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56 BREHON LAW 
 
 the authority of the Hindu jurisprudence, the Brehon 
 Code more resembles the Responsa Prudentum, but 
 was not, however, like the latter, enforced by Courts of 
 Justice ; and, composed of the opinions of an hereditary 
 caste, who invented facts on which to frame decisions, 
 it widely differed from the English law, the great glory 
 of which arises from its view of " facts," always, unfor- 
 tunately, the despair of the law-reformer. For the 
 " will," Brehon jurisprudence is indebted to Roman 
 law ; whilst the " Corns Bescna " — a treatise on the 
 archaic limitations of family rights — a subtract, shows 
 that for " contracts " it is indebted to the Church. As 
 a general rule, Christianity has a negative influence ; 
 but there resulted from its adoption the addition of a 
 large mass of rules relating to the territorial rights of 
 the Church ; though the Law of Marriage shows that the 
 new religion had not completely interpenetrated the 
 law of the Brehons. The primitive notion of kinship 
 is stamped in the Brehon law more clearly than in the 
 actual land law of India ; and the rights of a brother- 
 hood of kinsmen control the rights of private owners ; 
 and the chief of the clan is on the way to acquiring the 
 position held by a lord of the manor ; and the reason 
 why the feudal monarchy was the exact counterpart of 
 the feudal manor is that both were in origin bodies of 
 assumed kinsmen settled on land, and the fact that 
 they went through the same transmutation of ideas. 
 The term " family " or " fine " is applied to all the 
 subdivisions of Irish society, even to the tribe itself; 
 but more properly to the " sept," the legal unit of 
 the Brehon tracts. The eponymous ancestor gave 
 
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BREHON LAW 57 
 
 the name not only to the chief, but also to the 
 country. 
 
 The Irish tribe constituted a corporate, organic, self- 
 sustaining, political unit ; and, with a king at its head, 
 was settled on the tribal territory, part of which 
 descended from chief to chief. That part of the land 
 occupied by the fuidhirs became permanently so 
 occupied either through the tacit sufferance or active 
 consent of the tribesmen. Prior to the introduction of 
 English law, Tanistry or Gavelkind were the modes 
 in which land descended. In the case of Gavelkind 
 there was a redistribution of all the land of the sept on 
 the death of a landowner. The Hindu " stirpes " were 
 actual divisions of the family living together in distinct 
 parts of the common dwelling. The " Rundale " 
 holdings in Ireland — definite areas occupied by a 
 group of families — point to collective enjoyment, and 
 the modes of occupancy being liable to be changed by 
 the legal proprietor, the occupiers were really lessees, 
 or tenants at will. The Corns Bescna, probably 
 influenced by the Church, is in favour, however, of 
 separate ownership. 
 
 The Fine, mentioned in the Corns Bescna as the 
 tribe, is not the tribe but the sept, and corresponds 
 to the Joint Undivided Family of the Agnatic kindred. 
 The tract, " Judgments of Co-tenancy," says that co- 
 tenancy arose owing to the increase of several heirs on 
 the land. Each kinsman tills as he pleases ; then 
 exchanges are made, and after boundaries have been 
 fixed, in the tenth year separate property is attained. 
 The " Liber Hymnorum " mentions the great increase 
 
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58 BREHON LAW 
 
 of population as the cause of the fixing of bound- 
 aries. 
 
 Wherever the joint family is an institution of the 
 Aryan race we find it springing from a patriarchal cell, 
 and when it dissolves it dissolves into a number of 
 those cells. The chief is chosen from the eldest line, 
 and is elective ; so the more the patriarch approaches 
 the condition of a chief, the more "elective" does his 
 ofifice become. Aristocracy and kingship, having at 
 first the same history, begins with chieftaincy. It is 
 only when it is composed of victors, that an aristocracy 
 can be termed a section of any community. The chief 
 rules his own land ; is the most noble, experienced and 
 wealthy in live stock, and is steadfast in suing for 
 profits and being sued for losses. Riches constitute 
 the principal condition of chieftaincy. The first 
 aristocracy that sprung from kingly favour was probably 
 the " comitatus '' ; and the companies expected the 
 rewards of land which they obtained, for land was the 
 cheapest commodity of the Middle Ages. They also 
 expected part of the spoil, which, when possessed in a 
 great quantity, led to nobility. But the retinue of the 
 King of Erin was composed of men of servile condition ; 
 the free tribesmen also were numbered among the body- 
 guard. 
 
 Every signory or chiefry went, with a portion of the 
 land, to the tanist, not by descent, but by election, or 
 force. By the Irish custom of Gavelkind, inferior 
 tenancies were partitioned among all males of the sept, 
 including bastards, and when one of them died there 
 was repartition. And this also occurred in the Hindu 
 
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BREHON LAW 59 
 
 joint family. In proportion as the belief or fact of 
 kindred diminishes, the more do the households cling 
 to the allotment each has obtained, and redivisions 
 become less frequent, till we at last arrive at English 
 Gavelkind. There co-existed in Ireland Gavelkind as 
 it exists in Kent. Old chiefs, in the decay of their 
 vigour, parted with their power, and only retained a 
 fraction of their property. On their deaths the eldest 
 and worthiest in blood, as a brother, succeeded as 
 tanists. Where there is internal peace and kingly 
 authority, respect for purity of blood has full play, 
 and even an infant can succeed as ruler. There was 
 doubt as to which had the better right in the time of 
 Henry II. ; but when the eldest son had once taken 
 the place of his uncle as heir to his father, he probably 
 acquired the portion of land attached to the chiefry 
 which went without partition to the tanist. 
 
 Within the Irish family seventeen members were 
 organised in four divisions ; the Geilfine, a junior class 
 of five persons ; the Deilhfine, the " true " ; the Jarfine, 
 the " after " ; and the Judfine, the " end." When any 
 one was born into the Geilfine, the eldest members of 
 each was promoted into the higher division. The 
 " fifth " person in the Geilfine was termed " parent " 
 and " Geilfine Chief." This is not, therefore, a classifi- 
 cation founded on degrees of consanguinity, as we 
 understand them. Morgan concludes that ideas con- 
 cerning relationship fall either under the descriptive 
 system — this is our own, and classes relatives either from 
 " ego," or a common ancestor — or the classificatory 
 system, in which relatives are grouped in classes having 
 
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6o BREHON LAW 
 
 no necessary connection with degrees, which is 
 founded on a state of sexual relations. The reason 
 why the number five is the representative number, is 
 that there are five fingers on the human hand, the sign 
 of power. In the Geilfine the parent had the four 
 natural or adopted sons immediately in his power ; the 
 first in dignity was the younger son. 
 
 In Brehon law the same word " guild " — many 
 guilds have grown out of primitive brotherhoods of 
 CO -villagers and kinsmen — describes bodies formed by 
 contract of co-partners, and bodies formed by common 
 descent of co-heirs or co-parceners ; and present 
 guilds, though artificial, confirm this assertion. 
 
 In Ireland the relation existing between religious 
 houses was tribal ; and the original monastery founded 
 by a missionary, who perhaps was a chief, was deemed 
 the parent of those which had derived their existence 
 from it ; all belonging to the same family and akin to 
 each other. In the succession to abbacies, blood 
 relationship was preferred to election. Spiritual ties 
 affected marriage, and in Ireland were closely assimi- 
 lated to blood relationship ; but not, however, to such 
 an extent as literary fosterage, . creating the "patria- 
 potestas " in India, where preceptor and disciple 
 succeeded, in default of kinsmen, to each other, and 
 where aptitude was considered hereditary, which led 
 to the forming of a literary caste.' 
 
 1 Et sup., " Early History of Institutions," chaps, i.-viii. (inclu- 
 sive) ; " Early Law and Custom," chap. vi. 
 
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CONTRACTS 6 I 
 
 PART XII 
 
 CONTRACTS 
 
 When persons trained in political economy apply it as 
 an art they endeavour to enlarge the province of con- 
 tract.^ In th e ancient Roman law, the ft was the only 
 form of dis honesty t reated of. In Homer the deceitful 
 cunning of Ulysses was praised as well as Nestor's 
 prudence and the constancy of Hector. Montesquieu's 
 Troglodytes, who systematically violated their contracts, 
 perished utterly. The fact is that they flourished 
 without paying much respect to contract. The good 
 faith, Rousseau points out, of the Persians ceased with 
 civilisation. His theory of the " social compact," 
 which derived its sap from speculations of lawyers, 
 was first valued by Englishmen as being of service in 
 politics ; and the English authors of the theory saw 
 that it was applicable to all social as well as political 
 phenomena, and was especially useful as a means of 
 eluding such doctrines as that of divine right ; and Dr. 
 Whewell considers the doctrine of an original contract 
 a convenient form for the expression of moral truths. 
 Originally, contracts were incomplete conveyances : 
 (i) formal exchange and sale, (2) sale in which 
 
 1 Et seq., "Ancient Law,'' chap. ix. 
 
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62 CONTRACTS 
 
 purchase-money remains unpaid, and (3) lastly where no 
 delivery, nor payment, are epochs in the development of 
 contracts. The iirst name for contract, for which there 
 was no room in ancient societies, except as between 
 heads of families, was " jexum," the definition of which, 
 '' omnejguod geritur per aes et libragi," confounded the 
 former with conveyance. P recisely the same forms 
 were used for both ; and in ancient contracts forms are 
 the most important. The mental engagement signified 
 through external facts the Romans ter med Pact s, or 
 conventions ; and of these " contrac ts " were merely a 
 species. If the proposition " in primitive society 
 property is nothing, obligation is everything " were 
 reversed, it would be nearer the truth. Among the 
 Romans the " contract " was a " pact " plus an obli- 
 gation ; and the " obligatio " was only undone by 
 
 ■" solutio." Each class of contracts was named from 
 what was necessary besides the consensus to create 
 the " vinculum." The question and answer of the 
 ^' stipulatio," the ancient verbal contract, w as the "nexum" 
 in a simplified form. With regard to the primitive 
 " literal " contract, it is not certain whether the obli- 
 gation was created by a simple entry on the part of 
 the creditor, or whether the consent of the debtor or 
 corresponding entry on his own books was necessary to 
 give it legal effect. The third class of contracts . in 
 historical order, the. first derivation from the nexum 
 being the contracts " verb is^.' the secon d those " litteri s," 
 consisted of " real " contracts. Whenever an agree- 
 ment hadToFlts object THe delivery of a specific thing, 
 as soon as the delivery had actually taken place, the 
 
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CONTRACTS 63 
 
 obligation was drawn down ; though formerly, unless a 
 person, lending money, had stipulated formally for it, 
 he could not sue ; but in the real contracts perform- 
 ance on one side imposes a legal duty on the other, 
 and moral considerations appear as an ingredient in 
 contract law. " Consensua l " form the last class, and 
 the term " consensual " indicates that the obligation 
 is at once annexed to the ' ^consen sus," and is analogous 
 to~"Veal," " verbal,^'^ and ""literal." What were termed 
 " natural " obligations practically differed from obliga- 
 tions merely null and void in that they could be civilly 
 confirmed if capacity to contract were subsequently 
 acquired. Since the notion of a " vinculum juris," as 
 well as the theory of " natural law," are exclusively 
 Roman, the mature Roman law of contract and debt 
 are also so. The adjunct "quasi" in such expressions 
 as " quasi-contract " is exclusively a term of classifica- 
 tion ; and so-called " quasi-contracts " are not " con- 
 tracts " at all ; and it is the law in consulting the 
 interests of morality that imposes an obligation. The 
 Roman jurisprudence of contract performed for the 
 relation of sovereign and subject the same service 
 which it rendered to the relation of persons bound 
 together by an obligation of quasi-contract. ^ 
 
 It is probable that the Romans styled the consensual 
 contracts, contracts "juris gentium," owing to their 
 having perceived the universality of such contracts 
 becoming binding through mere assent ; but thfey existed 
 before the formation of the " juris gentium," wherefbre 
 theycould not originallyhavebeen termed "juris gentium." 
 
 ' " Ancient Law,'' chap. ix. 
 
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64 COGNATION AND AGNATION 
 
 PART XIII 
 
 COGNATION AND AGNATION 
 
 COGNATIC relationship arises through common descent 
 from a pair of married persons. Agnatic relationship 
 is the connection existing between members of the 
 same family, being founded not on marriage but on the 
 authority of the paterfamilias ; and all persons who 
 are Agnates are under the same paternal power. A 
 table of Cognates is formed by taking each lineal 
 ancestor in turn, and including all descendants of each 
 of both sexes : if we stop at the name of a female and 
 pursue that branch no further, all who remain, including 
 those who are adopted after the descendants of women 
 are excluded, are agnates, and the relationship existing 
 between them is agnation. The reason why descen- 
 dants of females are outside the limits of archaic kinship 
 is that where potestas ends, kinship ends, relationship 
 being exactly dependent upon the patria-potestas ; and 
 the exclusion of women from political functions, attri- 
 buted to usages of the Salian law of the Franks, has 
 an agnatic origin ; and the exclusion from succession 
 to each other's land of half-blood is derived from the 
 fact that agnatic uterine brothers are no relations at 
 all ; and the English judges extended the resulting in- 
 capacity to consanguineous brothers also. The family. 
 
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HUSBAND AND WIFE. MANUS 65 
 
 a s held together by the patria-potestas is the_ nidus, put 
 of which th e_Law of Persons has germinated. The 
 contrivance by which women included in the agnatic 
 relationship were retained in the bondage of the family 
 for life was the " perpetual tutelage of women.'" The 
 Romans regarded " Gentile " relationship as kinship 
 similar to agnation ; and the " Gens " was composed of a 
 group of descendants of ancestors long since forgotten ; 
 though imitation caused some amount of fiction." 
 Morgan considers that first groups acknowledge female 
 descent. A similar institution exists in Australia and 
 is marked by the " totem." 
 
 When the three ancient modes of marriage fell into 
 disuse it became confined to certain classes ; the rights 
 of the wife's original family remained unimpaired, she 
 no longer passing " in manum viri " ; and she remained 
 in the perpetual tutelage of her guardians, whose 
 authority (ultimately reduced to a shadow)' over- 
 rode in many respects that of her husband. There 
 resulted a remarkable liberty of divorce, which was, 
 however, narrowed by Christianity ;' but that liberty 
 was the cause, together with religion, of the transition 
 from polygamy to monogamy ; but Christianity did not 
 interpenetrate the Law of Marriage in Ireland, where 
 women, in certain conditions are more favoured than 
 they are in other systems of law.* 
 
 The theory that there is one ancestor of all the tribes- 
 
 ' Et sup., " Ancient Law," chap. v. 
 
 ' Et seq., " Early Law and Custom," Notes and Illustrations. 
 » " Early History," lect. xi. 
 
 ' " Ancient Law," chap. v. » " Early History," lect. ii. 
 
 E 
 
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66 HUSBAND AND WIFE 
 
 men could not have existed prior to the institution of 
 marriage.' The force that was originally employed in 
 obtaining a wife by the husband is still simulated in 
 some marriage ceremonies.^ During the troubled era 
 that begins modern history German and Sclavonian 
 laws remained superposed over Roman law ; and the 
 husband, taking a wife from any family except his own, 
 paid a price for her,^ which Bride-Price existed in the 
 Hindu law and was the supposed origin of the 
 Stridhan ;* but in time the husband ceased to purchase 
 his wife when unmarried females had been relieved from 
 family bondage ;' and from this time the law of Southern 
 and Western Europe began to be distinguished by the 
 freedom allowed unmarried women and widows. The 
 Code of Justinian relating to marriage was read not in 
 the light of Roman, but of Canon law, which latter 
 became prevalent everywhere. The Code Napoleon 
 followed those local codes of some parts of France 
 which allowed married women of a rank below nobility 
 nearly all the powers given by Roman jurisprudence. 
 The state of Scotch law shows that scrupulous deference 
 to the latter did not extend to the mitigation of the 
 disabilities of women ; and the Danish and Swedish 
 laws were less favourable to wives than the generality 
 of Continental codes. The English Common law is 
 yet more stringent in the proprietary incapacities it 
 imposes, being mostly borrowed from the Canon law ; 
 
 ' " Early History," lect. ill. ^ Ibid., lect. ix. 
 
 =" " Ancient Law," chap. v. * " Early History," lect. xL 
 
 * Et seq., " Ancient Law,'' chap. v. 
 
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ADOPTION AND TUTELAGE 67 
 
 and the complete subjection of wives remained untouched 
 by equity or statute law. 
 
 In ancient times the father had absolute power, 
 •extending to life and death over his children.^ In 
 Hindu and Irish society the relation of teacher and 
 pupil closely resembled that existing between father 
 and son.^ Adoption was one of the earliest legal 
 fictions, and arose from the process by which the 
 family became expanded into the tribal community ; 
 for strangers were, through necessity, admitted into the 
 original family, and it was expedient that they should 
 feign themselves related : in sharing in the sacrifices, 
 they shared in the common lineage.' A great cause 
 of adoption was the strong desire to have male offspring 
 to perform the, funeral ceremonies, and to worship the 
 .adoptive ancestor.* In the Irish law the adoption of a 
 son had the same effect as the birth.^ 
 
 On the death of his father a son was released from 
 (paternal power because he was capable of becoming 
 the head of a new family ; ^ if he were an infant, his 
 subjection to it was prolonged in the hands of another, 
 his guardian till he arrived at puberty, and became 
 able to found a new family, when he at once 
 became independent : and this is the origin of " tutela." 
 Women were placed under perpetual guardianship 
 
 ' " Ancient Law,'' chap. v. ^ " Early History," sect. viii. 
 
 ^ " Ancient Law," chap. v. 
 
 ■• "Early Law and Custom," chap, iii., and "Ancient Law,'' 
 chap. vi. 
 
 * " Early History," sect. vii. 
 
 " Et seq., " Ancient Law," chap, v. 
 
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68 PERPETUAL GUARDIANSHIP. SLAVERY 
 
 because they were incapable of having persons under 
 their " power " ; for on the death of the paterfamilias, 
 though they were on that account theoretically released 
 from the patria-potestas, it virtually continued in the 
 hands of the guardian, and perpetual guardianship was 
 nothing else than an artificial prolongation of the patria- 
 potestas. The original tutela, therefore, was a different 
 thing from the modern idea of guardianship, which first 
 arose in the creation of " curators " under the Lex 
 Plaetoria. 
 
 The Greeks explained slavery as grounded on the 
 intellectual inferiority of certain races ; the Romans on 
 a supposed agreement between victor and vanquished : 
 the wish to use the labours of another for the production 
 of one's own pleasure and ease, is the true foundation. 
 The tie uniting a slave to his master was the same as 
 that binding any other member of the family to the 
 'chief J and that a slave was not completely outside the 
 pale of the family, nor degraded to the footing of 
 inanimate property, is proved by the fact that in the 
 last resort he was capable of inheriting the property of 
 'his master. 
 
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DELICTS AND CRIMES 69 
 
 PART XIV 
 
 DELICTS AND CRIMES 
 
 Offences against the state are called crimes, 
 "crimina"; against individuals, wrongs/ In the infancy 
 of jurisprudence, citizens depended for protection 
 against violence or fraud not on the law of crime, but 
 on the law of tort. The law of the Senate of Areo- 
 pagus was a special religious code ; the Pontifical juris- 
 prudence punished adultery, sacrilege, and perhaps 
 murder. In b oth Rome an d Athens offences against 
 God were punished as jins, and those against indi- 
 viduals as torts. A separate enactment of the legis- 
 latures of primitive commonwealths punished every 
 offence vitally touching their security ; and this is the 
 earliest conception of a crime, and the law directed 
 against the perpetrator was called a "privilegium"; and 
 the Athenian EiffayyeXta — bills of pains and penalties 
 — survived the establishment of regular tribunals. The 
 criminal jurisdiction of the Witenogemot was of the 
 same nature. In disputes concerning composition for 
 homicide, the share in the compensation awarded 
 to the plaintiff of the state was claimed as a price for 
 its time and trouble. The distinction between manifest 
 
 ' Et seq., " Ancient Law," chap. x. 
 
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yO DELICTS AND CRIMES 
 
 and non-nwnifest theft was not confined to Roman law^ 
 and the Anglo-Saxon and German codes only allowed 
 the thief to be killed if taken in the act or before the 
 pursuit has been intermitted. 
 
 The history of Roman criminal jurisprudence begins 
 with the Judicia Populi, presided over by the king, 
 which delegated its criminal jurisdiction to Quaestionies, 
 some of which were, it is believed, annually appointed. 
 True criminal law came into existence with the Lex: 
 Calpurnia de Repetundis ; but in spite of the perpetual 
 Quaestionies the Comitia still exercised its powers. The 
 Comitia Centuriata reserved the right to inflict capital 
 punishment, and the incompetency of other tribunals — 
 for even the Comitia Tributa was incapacitated in this 
 respect — gave birth to the Prsescriptiones. Before the 
 death of Augustus, Rome had obtained a complete 
 criminal law. Gradually the punishment of crimes 
 passed to magistrates nominated by the Emperor, and 
 his privy council succeeded to the privileges of the 
 senate ; and this becoming a court of criminal appeal, 
 paved the way to the doctrine that the supreme Judge 
 in criminal as well as itl other matters is the Sovereign. 
 
 1 Et sup., " Ancient Law," chap, x. 
 
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REMEDIAL RIGHTS AND PROCEDURE 7 1 
 
 PART XV 
 
 REMEDIAL RIGHTS AND PROCEDURE 
 
 All the later Roig an Jaw_of actions has grown out of 
 the " actio sacramenti " The ceremony described by 
 Gains is substantially the same as that in Homer which 
 Hephaestus is moulding into the shield of Achilles.' 
 
 " Legis Actio " ^ is equivalent to procedure, though 
 it partly consists of modes of executing decrees ; and 
 Lex and Le^is Act io correspond to su bstantive a nd 
 adjective law ; but the former term when applied to 
 early law is misleading. The technical formalities of 
 the "actio sacrimenti " are a dramatisation of the origin 
 of justice ; the formal " dialogue " and the " sacramen- 
 tum " are the parents of the modern " pleading " and 
 " court fees " ; and the pretended quarrel remained in 
 other societies, and in the " Wager of Battle " it was a 
 reality ; the idea of force is still retained in the marri- 
 age ceremonies of different peoples. The true signifi- 
 cation of the " sponsio " and " restipulatio " is that 
 betting would avert bloodshed. 
 
 The " condictio " was not createdj as Gains says, but 
 merely regulated by the leges silia and calpurnia, 
 
 ' " Ancient Law," chap. x. 
 
 ' Et seq., " Early History," lect. ix. 
 
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72 REMEDIAL RIGHTS 
 
 It was the " manus injectio " that first gave an 
 impetus to those popular movements which ultimately- 
 affected the whole history of the Roman common- 
 wealth ; and it was the original mode of execution 
 against the person of the debtor. The true office of 
 the extra judicial " pignoriscapio " consisted in allowing 
 the claimant to take forcible posseksion of the property 
 of his adversary till the latter consented to submit to 
 the court ; and though it was somewhat similar to the 
 modern power of distress and replevin, yet it was 
 different, in that the modern idea of distress has in view 
 compulsory credit to the tenant, and principally concerns 
 rent.' The practice of distress is attested by records 
 before the Conquest, and differed from the sacramental 
 action, in that in the seizure, rescue, and counter-seizure 
 the foray was a reality ; and the impounding, pledge, 
 and acknowledgment of continuing ownership point at a 
 feeling of revenge which was necessary to be regulated. 
 The action of replevin affords>an example of the ancient 
 principle under which the defendant was plaintiff. The 
 Salic law only allowed distress to be resorted to when 
 the sanction of the popular court had been obtained ; 
 and Blackstone unconsciously agrees with Gaius in 
 saying that it was its hazardous character that caused 
 the gradual disuse of distress, though it is also the case 
 that the more public force is placed in the hands of 
 tribunals, the more does extra-judicial assistance become 
 dispensable. In ancient law, it is concluded, distraint 
 was either incorporated with a regular procedure 
 
 ' Et seq,, " Early History," lect. ix. 
 
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REMEDIAL RIGHTS 'J2, 
 
 or considered a wilful breach of the peace, unless it 
 were, up to a certain point, resorted to as a means 
 merely of compelling submission to the court. A 
 peculiarity of the Irish distress, which extended to 
 breaches of contract and attendance of witnesses, was 
 the presence of a Brehon law agent, though it required 
 neither assistance nor permission from any court of 
 justice. 
 
 In the " notice " and " stay of proceedings " it was 
 less archaic than the English law ; also in the regula- 
 tions as to " witnesses " and the " legal adviser." The 
 Irish law contained a provision not contained among 
 Teutonic rules, but at present existing in India, viz., 
 the " fasting " on a debtor of high rank ; the Hindu 
 " sitting dharna." In the latter the Brehon law is 
 closely connected with Hindu law, and in the confining 
 cattle, with the English law ; though it went further 
 than the latter in confining the wife and son as well.' 
 
 EVIDENCE^ 
 
 It is probable that the cause of the existence of the 
 English Law of Evidence is the separation of the 
 provinces of Judge and Jury. The Indian Evidence 
 Act (joint result of the labours of Judge Steven and 
 the Indian Law Commission) abandons the term " hear- 
 say," and confines the expression " evidence " to actual 
 media of proof, " statements which the court permits 
 or requires to be made before it by witnesses in rela- 
 
 ' " Early History of Institutions," lects. ix., x. 
 ' " Village Communities," Indian Evidence Act 
 
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74 EVIDENCE ' 
 
 tion to the matter of fact under inquiry," and to 
 documents produced for the inspection of the court. 
 
 In the " Evidences of Christianity " the term evi- 
 dence has the following meanings — viz., the testimony,, 
 the facts believed on such testimony, and the arguments 
 founded on them. Courts can only be concerned with 
 two classes of facts : ( i ) " facts of issue," the fact or 
 group of facts to which, if its existence be proved, the 
 substantive law of a given community attaches a definite 
 legal consequence, generally an obligation or a right ;. 
 (2) " relative " facts, which affect the probability of facts 
 in issue, or have the capacity of furnishing an inference- 
 from them.' 
 
 ' " Village Communities," Essay. 
 
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CASE LAW 
 
 IS 
 
 PART XVI 
 
 CASE LAW 
 
 English case law, like the " responsa prudentum," 
 rests on legal fictions. When a group of facts comes ' 
 before an English court for adjudication, it is taken 
 for granted that there is somewhere a rule of known 
 law covering those facts ; but as soon as the judgment 
 has been given it is admitted that the law has been 
 modified or altered. But the generally received theory, 
 among other inconsistent doctrines, concerning English 
 jurisprudence, is that adjudged cases and precedents 
 exist antecedent to rules, principles, and distinctions. 
 
 The English case law is sometimes spoken of as 
 unwritten ; but it is a question whether the whole of 
 the law the English judges claimed to monopolise was 
 unwritten law ; at any rate, as soon as decisions were 
 formed in recorded cases, case law at once became 
 written law, and only differed from code law in being 
 written in a different manner.' 
 
 ' " Ancient Law," chap. ii. 
 
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76 CODES AND CODIFICATION 
 
 PART XVII 
 
 CODES, CODIFICATION, OFFICIAL 
 DRAFTSMEN 
 
 Laws written or engraved on tablets took the place of 
 usages deposited within the recollection of a privileged 
 oligarchy. Most codes are direct results of the invention 
 of writing, and merely enunciate pre-existing customs. 
 Their great value consisted besides, in making the 
 Jinowledge of law available to all, in preventing those 
 usages adopted by the state in its infancy, which are 
 generally the most beneficial to it in later times, from 
 degenerating by analogy. The Hindu code of Manu, 
 the sacerdotal element in which has been underrated, 
 does not as a whole represent a code of law ever 
 actually administered in India ; and, in point of the 
 relative progress of Hindu jurisprudence, is a recent 
 production. The Attic code of Solon had very little 
 order, and the code of Draco probably less. The 
 theoretical descent of Roman law from a code, and 
 the ascription of English law to immemorial usage, 
 are the causes of the differences in the development of 
 the two systems.' 
 
 ' " Ancient Law,'' chap, i,; " Early Law and Custom " chap, i. 
 
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OFFICIAL DRAFTSMEN 7/ 
 
 CODIFICATION ' 
 
 Codification has acquired two meanings. The term 
 is applied to the conversion of unwritten law inta 
 written law — e.g., the twelve tables, the laws of Draco, 
 of Solon, and the earliest Hindu codes of Manu and 
 Narada, &c. Secondly, it is, in the present sense of the 
 term, the conversion of written into well-written law. 
 The great difficulty of codification arises from the fact 
 that n o code ca n prevent the ext ension of Jaw by 
 judicial interp retation. 
 
 OFFICIAL DRAFTSMEN IN LEGISLATION =" 
 
 The introduction of amendments into bills is a very 
 great evil. It could be remedied by the creation of 
 official draftsmen ; but the latter are objectionable, as 
 they would be likely to interfere with the liberty of 
 Parliament. 
 
 1 " Village Communities." ' lh%A. 
 
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78 ROMAN LAW AND LEGAL EDUCATION 
 
 PART XVIII 
 
 ROMAN LAW AND LEGAL EDUCATION 
 
 Roman law should be studied, not only because of 
 its historical connection with English law, but also 
 owing to the fact that the more matured English law 
 becomes, the more will -it resemble Roman law. In 
 addition to the two above reasons, it should be studied 
 for the following : Roman law pervades and modifies 
 all products of human thought not exclusively English ; 
 the study is an excellent gymnastic for the mind ; 
 moral philosophy, on the Continent, has been discussed 
 in the language and according to the modes of reason- 
 ing of the Roman law ; the work of Grotius is founded 
 on Roman law, and the phraseology of the latter, pre- 
 ferred by the followers of Grotius, is better than 
 Bentham's or Austin's ; in legislation and legal expres- 
 sion it would serve as a model, and would furnish con- 
 ■cise terms ; it would improve the whole vocabulary of 
 philosophy ; it is the key to private international law, 
 and would be of great aid in the law of nations and 
 diplomacy, in which Roman technical terms are so 
 mixed up ; it is the " lingua Franca " of European 
 jurisprudence, and since the code of Louisiana, of 
 America ; its study would make men more capable of 
 
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ROMAN LAW AND LEGAL EDUCATION 79 
 
 -grappling with codification ; and, lastly, it is valuable 
 as an exercise in the interpretation and manipulation 
 of express written rules. ^ 
 
 " Village Communities," Essay, pp. 330-387. 
 
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8o COMPARATIVE JURISPRUDENCE 
 
 PART XIX 
 
 COMPARATIVE JURISPRUDENCE 
 
 When two or more systems of law are taken and 
 compared together, either the whole or part, e.g., the 
 law of marriage, of the one, with the whole or the 
 same part of the other, this is comparative juris- 
 prudence. The term is applied in a second sense to 
 the examination of a number of phenomena with a 
 view of establishing if possible that some of them are 
 related in the order of historical succession, the word 
 " comparative " signifying what it does in the phrase 
 " comparative philology," and this method, in some of 
 its applications, is indistinguishable from the historical 
 method.* 
 
 » Et sup., "Village Communities," lect. i. 
 
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CLASSIFICATION OF LAWS 8 1 
 
 PART XX 
 
 CLASSIFICATION OF LAWS' 
 
 In all the codes, theft and deposits occupy the foremost 
 ranks. The prominence of thefts points to a barbarous 
 period. The codes of Manu and Narada presume 
 quarrels and disputes ; and courts of justice, as in 
 Icelandic society, are the dominant idea. The " Sen- 
 chus Mor " chiefly concerns distress and hostage 
 securities. Manu and Narada begin with the mechanism 
 of courts of justice, procedure, and evidence ; then 
 come heads of disputes and relations which originate 
 disputes. The reprisals and violence allowed by early 
 courts point to their own weakness. The transfer of 
 the law of actions from the first to the last place 
 proves that a habit of obeying the law had been 
 acquired, which the law of Nature more especially 
 does, for the latter so hid the sanction of law that 
 Austin and Bentham had difficulty in persuading men 
 even of its existence. Modern classifications of law 
 are based on kinds of rights, the idea of which belongs 
 to a modern date ; but still the Roman jurists distin- 
 guished law from procedure, and their conception of a 
 
 ' " Early Law and Custom," chap. xi. 
 
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82 CLASSIFICATION OF LEGAL RULES 
 
 law of things was a great achievement in mental 
 abstraction. 
 
 The triple division into law of persons, things and 
 actions is now exploded. The Roman jurists are 
 unjustly blamed for the inconsistencies of this classifica- 
 tion, for t hey had never clearly arrived at an^ con- 
 ception of "right." But t his was n ot the popular 
 division of law with the Romans ; for the orders 
 followed in the edict, code, and digest are founded on 
 the order of the twelve tables. In all these, as well 
 as in the Lex Salica and the Brehon codes, and the 
 codes of Manu and Narada, adjective law comes 
 first; though there is an ecclesiastical preface to the 
 code, and the digests open with definitions and 
 principles. 
 
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VILLAGE COMMUNITIES 83 
 
 PART XXI 
 
 VILLAGE COMMUNITIES 
 
 A body of kindred holding a domain in common is 
 the simplest form of a village community. The 
 archives of Northern India show that aliens were 
 admitted and permanently engrafted ; and in the South 
 there are communities which have sprung from two or 
 more different families, and in some the composition is 
 entirely artificial ; in all, however, common parentage 
 is assumed. Village communities therefore are either 
 assemblages of blood relations, or bodies of co-proprietors 
 of land formed on the model of an association of kins- 
 men. A landholder of a village community of 
 Southern India requires the consent of the village if he 
 wish to alienate or mortgage his rights, and when a 
 family becomes extinct, its rights revert to the com- 
 munity. The required consent reminds us of the 
 consent required in cases of adoptions and wills of the 
 " comitia curiata." The co-owners of an Indian 
 village community have their rights distinct, and this 
 separation is complete and permanent ; which is not 
 the case, though theoretically so, in the Russian village. 
 But in Servia, Croatia, and Austrian Sclavonia, not only 
 is the common property undivided, but it is considered 
 indivisible, according to the principle " the property of 
 
 Digitized by Microsoft® 
 
84 VILLAGE COMMUNITIES 
 
 families cannot, for perpetuity, be divided." The 
 chiefs of the ruder Highland clans, it is said, used to 
 dole out food, at the very shortest intervals, to their 
 subordinate heads of families, and in Sclavonian 
 villages of Austria and Turkish provinces there is an 
 annual distribution of the total produce of the year.' 
 
 Village communities are found even in the most 
 backward Sclavonic societies ; but among the Celts 
 the real character of the institutions is hidden by 
 feudal law ; though large communities with shifting 
 severalties have existed within living memory in the 
 Highlands. In France the associations consist of 
 groups of kinsmen of the house community type.^ 
 They have been met with also in Japan and Northern 
 Africa.^ Consanguinity, real blood relationship, is 
 thus the earliest tie binding men in communities, and 
 theoretically there is but one ancestor of all the tribes- 
 men, whose descendants have formed themselves into 
 sub-groups, the smallest of which is the existing family. 
 To be true, however, this assertion must be confined to 
 the Aryan, Semitic and Uralian races, and, according 
 to Morgan, must be subsequent to the institution of 
 marriage. Kinship tends to be regarded as the same 
 thing with power, owing to the subjection to the 
 common authority ; even the tribe consists of a group 
 of men subjected to one chieftain ; and the conception 
 of kinship is simplified by patriarchal power. The case 
 of the Velatee, who crystalised down into village 
 
 1 Et sup., " Ancient Law," chap. viii. 
 
 2 " Early History," lect. i. ' Et seq., ibid., lect. iii. 
 
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VILLAGE COMMUNITIES 85 
 
 communities, proves that principles of union exist in a 
 tribe before its final settlement ; but after the latter, 
 land takes the place of kinship, and becomes the basis 
 of society ; and Englishmen are those who live in 
 England, whereas England used to be the country- 
 inhabited by Englishmen. Abrupt stages cannot be 
 assigned to the changes of the earliest cultivating groups 
 of kinsmen, into bodies held together merely by the land 
 (vide " Origin and History of Property ")•' Most of the 
 legal ideas^ of civilised races may be traced to the 
 conception of the patriarchal group, the source of a 
 great part of law ; and of the village community it is 
 the family that is the unit. 
 
 The Teutonic,^ cultivating community, consisted of a 
 number of families standing in a proprietary relation- 
 ship to land ; and the latter was divided into three 
 portions : the mark of the township or village, the 
 arable mark, and the common mark or waste. The 
 arable mark was allotted to the several families, each 
 governed by its own paterfamilias, whose house's privacy 
 was considered sacred. The common mark was owned 
 strictly in common, and has survived in England as 
 " common," " commonable," " open fields," and inter- 
 mixed lands ; the arable mark is also found, and, as 
 in all Teutonic village communities, is invariably divided 
 into three long strips (for a rude rotation of crops), 
 which were again subdivided, there being most intricate 
 regulations for the cultivation by each householder of 
 
 • Ante, p. 31. ^ " Village Communities," lect. i. 
 
 " Ibid., lect. iii. 
 
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86 VILLAGE COMMUNITIES 
 
 his lot — the first form of the law of landed property. 
 Whereas the " meadow " was frequently redivided, the 
 periodical distributions of arable land were rare. The 
 arable part of the domain was indicated by (i) simple 
 intermixed fields of nearly equal size, and belonging to 
 a great number of owners ; (2) by " shifting several-, 
 ties/' which were rare ; (3) by fields of nearly equal 
 size, arranged in three long strips ; (4) by certain rights 
 of pasture over the green baulks. The portion of the 
 domain kept in grass was represented by (i) shifting 
 severalties of meadow land ; (2) the removal of en- 
 closures after hay harvest ; (3) and the exercise, when 
 hay was not maturing for harvest, of the right to 
 pasture. 
 
 In the Indian village community^ — identical, except 
 in some details, with the Teutonic and Sclavonian — 
 although there is private property in the arable land, 
 there is no departure from the joint system of cultiva- 
 tion. The elders, who are either elected or hereditary, 
 determine the distribution of water ; but it is custom 
 that the villagers consider should be obeyed, the great 
 sources of early law being either authority, custom, or 
 chance ; and the second, it is accepted in India, can be 
 created by the first. The extraordinary secrecy of the 
 family life is the characteristic of the Indian homestead; 
 and any attempt by the lawgiver to intrude on the 
 paterfamilias' judicial power would be looked on with 
 the greatest disgust. In India, nearly all movable pro- 
 perty followed the king ; and the camps of the latter, 
 
 ' Et seq., ibid., lect. iv. 
 
 Digitized by Microsoft® 
 
VILLAGE COMMUNITIES 87 
 
 though many towns have grown from the collection 
 together of village community townships, are the origin 
 of the most famous cities. The waste lands in India 
 are considered the property of the various communi- 
 ties, who are only waiting an opportunity to cultivate 
 them. The communities themselves are organised and 
 self-acting ; with a village police, accountant, and 
 several hereditary traders ; and an elected headman or 
 a village council exercises their deputed authority. The 
 different trades have separate lots assigned to their 
 members ; but those traders who bring goods from 
 distant markets are not included in the organic group.' 
 
 1 Et sup., " Ancient Law,'' chap. viii. ; " Early History," lects. 
 ., iii. ; " Village Communities," lects. i., ii., iii., iv. 
 
 Digitized by Microsoft® 
 
88 FORMS OF GOVERNMENT 
 
 PART XXII 
 
 FORMS OF GOVERNMENT 
 
 Austin admits the possible existence of anarchy, 
 and so does Hobbes ; and J ustice Step hen insists on 
 the possibility of a " dormant anarchy," as where there 
 is deliberate abstinence from fighting out a question 
 known to be undecided.' 
 
 Heroic kingships^ partly depended upon divine 
 prerogative, partly upon supernatural strength, courage, 
 or wisdom. The royal power gradually decayed, 
 giving way to aristocracies, and in Europe to oli- 
 garchies, the king becoming merely an hereditary 
 general, as the ap^wv at Athens, and the " rex sacrific- 
 ulus" at Rome. In Greece, Italy, and Asia Minor 
 there existed " political aristocracies," consisting of 
 families related by blood. In Persia and India, military 
 and religious oligarchies existed ; and the latter, 
 attached to the king, formed the governing bodies, and 
 were the depositaries and administrators of the un- 
 written and customary law. 
 
 In India, according to the law books, the king sits 
 on the throne of justice ; he protects his people, and 
 
 1 " Early History," lect. xiii. 
 
 2 Et seq., " Ancient Law," chap, i., and vide, p. 58, ante. 
 
 Digitized by Microsoft® 
 
FORMS OF GOVERNMENT 89 
 
 keeps distinct and in order the four supposed castes.' 
 Though divine, he can only act with the aid of his 
 Brahman assessors. The Brahmans in Ireland, under 
 the Brehon law, were represented by the Brehons, who 
 claimed for themselves divine origin. 
 
 DEMOCRACY 
 
 Of all forms of government, D emocracy is the mos t 
 difficult, and the greatest sagacity is required to keep 
 it from misfortune, for itsjnfirmities are ir remediab le.^ 
 The truth, perceived by Hobbes, that p olitical liberty is 
 politigaTpQwer. cut i nto frag ments, and by Stephen, J., 
 that wh ere there is political liberty there i s no equality, 
 explains the infirm ity of popular go vernments ; and 
 Mr. Labouchere cannot be contradicted when he says 
 that agricultural labourers will employ their power for 
 their own interests. Though the American Constitu- 
 tion has lasted so well, there is no evidence that popular 
 governments will be of indefinite duration ; and " the 
 British Constitution may find its last affinities in silence 
 and the cold." 
 
 To suppose that democracies are more a ctive than 
 o ther forms of government in legislation is erroneous ; 
 and, like monarchies, they are at first highly destructive, 
 though, unlike them, they trample out all privileges. 
 An inevitable evil resulting from this f9rm of govern- 
 ment is the flattery of the Demos, which is always 
 resorted to. The truths of Bentham are only visible to 
 
 ' Et seq., " Early Law and Custom," chap. vi. 
 
 2 Et seq., " Popular Government," Essays i., ii., iii., v., preface. 
 
 Digitized by Microsoft® 
 
90 FORMS OF GOVERNMENT 
 
 the intellectual aristocracy, for, a s Machiave lli says, 
 " The worl d is made up of ^hejvulgar ;" and, ignoring this 
 fact, Bentham, overrating human nature and intelli- 
 gence, falsely avers that democracies are much more 
 free than monarchies and aristocracies from " sinister " 
 influences, on the ground that whatever interests they 
 promote must be the interests of all. This freedom 
 he should have extended to monarchies ; for the 
 United States show that the same infirmities belong to 
 democracies as to monarchies in that respect. At any 
 rate, the advantages of democracy insisted upon by 
 Bentham, if existent, are overbalanced by its difficul- 
 ties ; for how can a multitude exercise volition ? In 
 answering this question, the theory that it is capable of 
 volition is confused with the theory that it is capable 
 of adopting an opinion. A jury, the old adjudicating 
 democracy, blindly follows the opinion of an advocate, 
 or the summing-up of the judge. The antidote of this 
 fundamental infirmity of democracies is representation. 
 A neutralising drug is discovered in the caucus. The 
 next evil is that no representative assemblies can be 
 free from obstruction. The ple biscite is a failure, for 
 thejieopLejiamLOt _pDSsibly_Jgiow^ even „ the imm.ediat 
 r esults^_ their, dfidapn. That democracy is a pro- 
 gressive form of government is a gross delusion, and it 
 cannot be denied that al l scien ti fic legislation is e n- 
 dangerejjby^it ; and the mitigating influences, if not to 
 the intelligence, are certainly injurious to the morality 
 of the multitude.' 
 
 ' Et sup., " Popular Government," Essays i., ii., iii. 
 
 Digitized by Microsoft® 
 
FORMS OF GOVERNMENT 91 
 
 CONSTITUTION OF THE UNITED STATES' 
 
 That the American Constitution is distinctly English- 
 is proved by the fact of two Houses having been taken- 
 as the normal structure instead of one, and unless it 
 were known that its founders had lived under a once 
 autocratic king, it would be unintelligible ; it is a 
 version of the British Constitution as it must have 
 appeared to our forefathers in the second half of the- 
 last century. The institution of the supreme court 
 would have been impossible before the appearance of 
 the " esprit des Lois," and Montesquieu's standard was 
 the British Constitution. The House of Representa- 
 tives sharing with the Senate legislative powers is a- 
 reproduction of the House of Commons ; and the 
 " revenue bills " in it have an English origin. The- 
 circumstances excluding an hereditary king and an 
 hereditary nobility were the causes of the existing 
 modifications. The success of the American Con.stitu- 
 tion is remarkable, considering that t he Republican i s. 
 of all forms of governme nt, th e most dangerous and 
 likely to be unsuccessful. The safeguards of the 
 United States Constitution c onsist in the carefully 
 defined na ture of the public po wers ; the limited power 
 of legislating only within the limits permitted by the 
 Federal Constitution, conferred on individual states; the 
 
 in terrogation of jninisters, and " procedure." The 
 
 Federation is slowly gaining at the expehse of the 
 States. The impossibility of having an hereditary king 
 is the causeof the form of the United States Constitution. 
 
 '■ " Popular Government," Essay iii. 
 
 Digitized by Microsoft® 
 
92 THEORIES AS TO THE ORIGIN OF LAW 
 
 PART XXIII 
 
 THEORIES AS TO THE ORIGIN OF LAW ' 
 
 Locke's theory that law originated in a social compact 
 scarcely conceals its Roman derivation. Hobbes' 
 theory repudiates the reality of a law of Nature as 
 conceived by the Romans and their disciples. .Montes- 
 guieu betrays an evident anxiety to thrust into promi- 
 nence those manners and institutions which surprise the 
 civilised reader by their uncouthness. The inferen ce 
 he_continually suggests isJthatJaws are the creatures of 
 climate, local situation, accident, or imgosture. The 
 supposition that man's_ nature is entirely plastic consti- 
 tutes the error vi tiati ng his system ; he underrates t he 
 stability of the human race and pays little or no regard 
 to its inherited qualities. Of men's physical and moral 
 constitution, the stable fact is the greater, and the 
 amount and character of the variations of human 
 societ;^are not so extensive as to be unascertaijnable. 
 The historical theory of Bentham is quite distinct from 
 an analysis of law which is conceived in his fragment 
 on government, and completed by Austin. In answer 
 to the question why nations impose commands on 
 themselves, the suggestion of Bentham that societies 
 
 ' " Ancient Law," chap. v. 
 
 Digitized by Microsoft® 
 
THEORIES AS TO THE ORIGIN OF LAW 93 
 
 modify their laws according to the modification of their 
 views concerning general expediency is valueless when 
 we consider that what seems expedient to a society 
 altering a rule of law is the same as the object in view 
 when it makes the change.^ 
 
 ' " Ancient Law," chap. v. 
 
 Printed by Ballantyne, Hanson & Co. 
 London and Ediniurg-k. 
 
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STEP' ENS &= HAYNES, BELL YARD, TEMPLE BAR. 
 
 INDEX OF SUBJECTS. 
 
 32 
 
 17 
 23 
 
 IS 
 
 ABSTRACT DRAWING— 
 
 Scott . .; . .,- . . . . 
 
 ADMINISTRATION ACTIONS— 
 
 Walker and Elgood . .... I 
 ADMINISTRATORS— 
 
 Walker 
 
 ADMIRALTY LAW— 
 
 Kay . , . . 
 
 .- ^mith . .. . 
 
 AFEILIATION— 
 
 Martin . ... 
 
 ARBITRATION— 
 Slater . . . 
 
 BANKRUPTCY— 
 Baldwin . . 
 
 Hazlitt 29 
 
 Indermaur (Question & Answer) 28 
 Ringwood . , ,• .~ . . . I5i 29 
 
 BAR EXAMINATION JOURNAL 39 
 
 BIBLIOGRAPHY ...... 40 
 
 BILLS OF EXCHANGE— 
 
 Willis 14 
 
 BILLS OF LADING— 
 
 Campbell 9 
 
 Kay 17 
 
 BILLS OF SALE— 
 
 Baldwin , . 15' 
 
 Indermaur 28 
 
 Ringweod 15 
 
 BUILDING CONTRACTS— 
 
 Hudson 12 
 
 CAPITAL PUNISHMENT— , 
 
 Copinger 42 
 
 CARRIERS— 
 
 i-w RAILWAY LAW. 
 SHIPMASTERS, 
 
 CHANCERY DIVISION, Practice of— 
 BrQ\yn's Edition of Snell ... 22 
 Indermaur ... v .... 25 
 
 Williams 7 
 
 And see EQUITY. 
 
 CHARITABLE TRUSTS— 
 
 Bourchier-Chilcott 47 
 
 Cooke 10 
 
 Whiteford 33 
 
 CHURCH AND CLERGY— ' 
 
 Brice ' ■ • 33 
 
 CIVIL LAW— Ae ROMAN LAW. 
 
 CLUB LAW— 
 
 Wertheimer 32 
 
 CODES— Argles . . - .- . , .32 
 
 COLLISIONS AT SEA— Kay . , 17 
 
 COLONIAL LAW— 
 
 Cape Colony . . . , , . . 38 
 
 Forsyth 14 
 
 Tarring ..... . . 41 
 
 COMMERCIAL AGEN(E^g/f;zec/ by ^'i&tfSmmAKlZS- 
 
 I 
 
 Campbell 
 
 COMMERCIAL LAW— 
 
 Hurst and Cecil II 
 
 COMMON LAW— 
 
 Indermaur .•-%-•-. . , • . . 24 
 COMPANIES LAW— 
 
 Brice 16 
 
 Buckley 17 
 
 Reilly's Reports 29 
 
 Smith .39 
 
 COMPENSATION— 
 
 Browne 19 
 
 Lloyd 13 
 
 COMPULSORY PURCHASE— 
 
 Browne 19 
 
 CONSTABLES— 
 
 5«« POLICE GUIDE. 
 
 CONSTITUTIONAL LAW AND 
 HISTORY— 
 Forsyth ...,.'... 14 
 
 Taswell-Langmead 21 
 
 Thomas 28 
 
 CONSULAR JURISDICTION— 
 
 Tarring 42 
 
 CONVEYANCING— 
 
 Copinger, Title Deeds .... 45 
 Deane, Principles of . .... 23 
 
 COPYRIGHT-: 
 
 Copinger 45 
 
 CORPORATIONS— 
 
 Brice .... . ,, . . . . 16 
 Browne 19 
 
 COSTS, Crown OfSce— 
 
 Short . ,. 41 
 
 COVENANTS FOR TITLE— 
 
 Copinger , . 45 
 
 CREW OF A SHIP— 
 
 Kay 17 
 
 CRIMINAL LAW— 
 
 Copinger 42 
 
 Harris 27 
 
 CROWN LAW— 
 
 Forsyth 14 
 
 Hall 30 
 
 Kelyng 35 
 
 Taswell-Langmead . .... 21 
 - Thopias .... . . , . . . 28 
 
 CROWN OFFICE RULES— 
 
 Short 10 
 
 CROWN PRACTICE— 
 
 Corner , . 10 
 
 Short and Mellor 10 
 
 CUSTOM AND USAGE— 
 
 Browne ... 19 
 
 Mayne ......... 38 
 
 DAMAGES— 
 
 Mayne > ■ 31 
 
 Brown 
 
 26 
 
STEVENS &■ HAYNES, BELL YARD, TEMPLE BAR. 
 
 INDEX OF SUBJECTS-<^'»«^w««ar. 
 
 DIGESTS— PAGE 
 
 Law Magazine Quarterly Digest .37, 
 
 BISCOVERY— Peile ..... 7 
 
 DIVORCE— Harrison 23 
 
 DOMESTIC RELATIONS— 
 
 Eversley . 9 
 
 ■DOmiCW^Ste PRIVATE INTER- 
 NATIONAL LAW. 
 
 DUTCH LAW 38 
 
 ECCLESIASTICAL LAW— 
 
 Brice -33 
 
 Smith . 23 
 
 EDUCATION ACTS— 
 
 See MAGISTERIAL LAW. 
 
 ELECTION LAW and PETITIONS—' 
 Hardcastlei. ...... 33 
 
 O'Mailey and Hatdcastle ... 33 
 Seager 47 
 
 EQUITY— 
 
 Blyth 22 
 
 ' Choyce Cases 35 
 
 Pemberton . . . .u :. j . . . 32 
 Snell . i ■ . . '. . . . 22 
 
 Story ... . 43 
 
 Williams -■.'■...'... 7 
 
 EVIDENCE— 
 
 Phipson 20 
 
 EXAMINATION OF STUDENTS— 
 Bar Examination Journal ... 39 
 Indermaar ...... 24 and 25 
 
 Intermediate LL.B .'21 
 
 EXECUTORS— 
 
 Walker and Elgood . ... \ 6 
 
 EXTRADITION- 
 
 Clarke 
 
 ^ii! MAGISTERIAL LAW. 
 
 FACTORIES— 
 
 Ste MAGISTERIAL LAW. 
 FISHERIES— 
 
 See MAGISTERIAL LAW. 
 FIXTURES— Brown . . . 
 FOREIGN LAW— 
 
 Argles, . . .... • 
 
 Dutch Law ..... 
 
 Foote . .' . - . • • 36 
 
 Pavitt . . . . ... . .32 
 
 FORESHORE— 
 
 Moore i . . '3° 
 
 FORGERY— i'^ MAGISTERIAL LAW. 
 FRAUDULENT CONVEYANCES— 
 
 May ., ,' . . . 29 
 
 GAIUS INSTITUTES-^ ■-• - 
 
 Harris . . . . . . "■ . • 2° 
 
 GAME LAWS— 
 
 See MAGISTERIAL LAW. 
 
 GUARDIAN AND WARD- 
 HACKNEY GAmiAGE&Jgitizecl by 
 .$■««• MAGISTERIAL LAW. 
 
 45 
 
 33 
 
 32 
 38 
 
 HINDU LAW— 
 . , Coghlan . , 
 Cunningham 
 
 • • 28 
 
 38 and 42 
 
 . . 38' 
 
 Mayne 
 HISTORY— 
 
 Taswell-Langmead . . . , 21 
 
 HUSBAND AND WIFE- 
 
 Eversley . .... .9 
 
 INFANtS— 
 
 Eversley 9 
 
 Simpson . .' 43 
 
 INJUNCTIONS — 
 
 Joyce '. . . . . . . . .44 
 
 INSTITUTE OF THE LA\V— 
 
 Brown's Law Dictionary ... 26 
 INSURANCE— 
 
 Porter . 6 
 
 INTERNATIONAL LAW— 
 
 Clarke 45 
 
 Cohbett '43 
 
 Foote 36 
 
 INTERROGATORIES— 
 
 Peile 7 
 
 INTOXICATING LlQUORS— 
 See MAGISTERIAL LAW, 
 
 JOINT StOCK COMPANIES— 
 See COMPANIES. 
 
 JUDGMEIMTS AND ORDERSr- , 
 
 Pemberton 18 
 
 JUDICATURE ACTS— 
 
 Cunningham and Mattinson . , 7 
 Indermaur ........ 25 
 
 Kelke .......... 6 
 
 JURISPRUDENCE— 
 
 Forsyth . ...;'..'.. . ■ . • I4 
 Salmond . . • ,- . ■ • • • '3 
 
 JUSTINIAN'S INSTITUTES— 
 
 Campbell 47 
 
 Harris , . 20 
 
 LANDLORD AND TENANT— 
 
 Foa . . . . , . . '. • • II 
 
 LANDS CLAUSES CONbOHDA- 
 
 TION ACT— 
 
 . , Lloyd . . . . ... . • 13 
 
 LATIN MAXIMS .j 28 
 
 LAW DICTIONARY- 
 
 Brown . . 26 
 
 LAW MAGAZINE and REVIEW. 37 
 
 LEADING CASES— ' 
 
 Common Law .... ! ' . 25 
 
 Constitutional Law .- , . j 28 
 
 Equity and Conveyancing ... 25 
 Hindu Law . . .... . .28 
 
 International Law : . . > . .1. 43 
 
 l^itasasDMB statutes— 
 
 Thomas . . ■ . . . . . . a8 
 
STMVJSNS &' HAYNES, BELL YARD, TEMPLE BAR. 
 
 INDEX OF SUBJECTS-'""^"*^- 
 
 FACE 
 
 LEASES— 
 
 Copinger 45 
 
 LEGACY AND SUCCESSION— 
 
 Hanson lO 
 
 LEGITIMACY AND MARRIAGE— 
 
 See PRIVATE INTERNA- 
 TIONAL LAW. 
 LICENSES— i-ee MAGISTERIAL LAW. 
 LIFE ASSURANCE— 
 
 Buckley I7 
 
 Reilly 29 
 
 LIMITATION OF ACTIONS— 
 
 Banning 42 
 
 LUNACY— 
 
 Renton 10 
 
 Williams 7 
 
 MAGISTERIAL LAW— 
 
 Greenwood and Martin .... 46 
 MAINE'S (Sir H.), WORKS OF— 
 
 Evans' Theores and Criticisms . 20 
 MAINTENANCE AND DESERTION. 
 
 Martin 7 
 
 MARRIAGE and LEGITIMACY— 
 
 Foote 36 
 
 MARRIED WOMEN'S PRO- 
 PERTY ACTS— 
 
 Brown's Edition of Grifiith , . 40 
 MASTER AND SERVANT— 
 
 Eversley 9 
 
 MERCANTILE LAW— 
 
 Campbell 9 
 
 Duncan ^ . . 33 
 
 Hurst and CecTi 11 
 
 Slater 7 
 
 See SHIPMASTERS. 
 MERCHANDISE MARKS— 
 
 Daniel 42 
 
 MINES— 
 
 Harris 47 
 
 MONEY LENDERS— 
 
 Bellot and Willis 11 
 
 MORTMAIN— 
 
 See CHARITABLE TRUSTS. 
 NATIONALITY— 5-c< PRIVATE IN- 
 TERNATIONAL LAW. 
 NEGLIGENCE— 
 
 Beven 8 
 
 Campbell 40 
 
 NEGOTIABLE INSTRUMENTS— 
 Willis 14 
 
 NEWSPAPER LIBEL— 
 
 Elliott 14 
 
 OBLIGATIONS— 
 
 Brown's Savigny . . j.^. , , .,,20 
 
 PARENT AND CHiLD-D/g/f/zecf by 
 
 Eversley ....... 9 
 
 //?J 
 
 PARLIAMENT— 
 
 Taswell-Langmead , .... 21 
 
 Thomas 28 
 
 PARTITION— 
 
 Walker 43 
 
 PASSENGERS— 
 
 See MAGISTERIAL LAW. 
 „ RAILWAY LAW. 
 PASSENGERS AT SEA— 
 
 Kay 17 
 
 PATENTS— 
 
 Daniel 42 
 
 Frost 12 
 
 PAWNBROKERS— 
 
 See MAGISTERIAL LAW. 
 PETITIONS IN CHANCERY AND 
 LUNACY— 
 
 Williams 7 
 
 PILOTS— 
 
 Kay 17 
 
 POLICE GUIDE— 
 
 Greenwood and Martin .... 46 
 
 POLLUTION OF RIVERS— 
 
 Higgins 30 
 
 PRACTICE BOOKS— 
 
 Bankruptcy IJ 
 
 Companies Law .... 29 and 39 
 
 Compensation 13 
 
 Compulsory Purchase .... 19 
 
 Conveyancing 45 
 
 Damages 31 
 
 Ecclesiastical Law 33 
 
 Election Petitions 33 
 
 Equity . , . , , . 7) 22 and 32 
 
 Injunctions 44 
 
 Magisterial. . 46 
 
 Pleading, Precedents of . . . 7 
 
 Railways and Commission ... 19 
 
 Rating .19 
 
 Supreme Court of Judicature . . 25 
 
 PRECEDENTS OF PLEADING— 
 
 Cunningham and Mattinson . , 7 
 
 Mattinson and Macaskie ... 7 
 
 PRIMOGENITURE— 
 
 Lloyd 13 
 
 PRINCIPLES— 
 
 Brice (Corporations) ..... 16 
 
 Browne (Rating) 19 
 
 Deane (Conveyancing) .... 23 
 
 Harris (Criminal Law) .... 27 
 
 Houston (Mercantile) .... 32 
 
 Indermaur (Common Law) , . 24 
 
 Joyce (Injunctions) 44 
 
 Ringwood (Bankruptcy) . . , 15 
 
 Snell (Equity) 22 • 
 
 ''PKl^ftS® INTERNATIONAL LAW— 
 
 Foote ...,,.,.. 36 
 
STEVENS (St- HAYNES, BELL YARD, TEMPLE BAR. 
 INDEX OF ^UEiEGTS-continued, 
 
 PROBATE— 
 
 Hanson lo 
 
 Harrison 23 
 
 PUBLIC WORSHIP— 
 
 Brice 33 
 
 QUARTER SESSIONS^ 
 
 Smith (F.J.) 6 
 
 QUEEN'S BENCH DIVISION, Practice 
 of— 
 
 Indermaur 25 
 
 QUESTIONS FOR STUDENTS— 
 
 Aldred 21 
 
 Bar Examination Journal ... 39 
 
 Indermaur 25 
 
 Waite 22 
 
 RAILWAYS— 
 
 Browne 19 
 
 Godefroi and Shortt 47 
 
 RATING— 
 
 Browne 19 
 
 REAL PROPERTY— 
 
 Deane 23 
 
 Edwards 16 
 
 Tarring 26 
 
 RECORDS— 
 
 Inner Temple 11 
 
 REGISTRATION— 
 
 Elliott (Newspaper) .... 14 
 
 Seager (Parliamentary) .... 47 
 
 REPORTS— 
 
 Beliewe 34 
 
 Brooke 3S 
 
 Choyce Cases 35 
 
 Cooke 35 
 
 Cunningham 34 
 
 Election Petitions ..... 33 
 
 Finlason 32 
 
 Gibbs, Seymour Will Case . . 10 
 
 Kelyng, John , 35 
 
 Keljn^e, William 35 
 
 30 
 30 
 
 17 
 
 Reilly 
 
 Shower (Cases in Parliament) . 34 
 
 ROMAN DUTCH LAW— 
 
 Van Leeuwen 38 
 
 ROMAN LAW— 
 
 Brown's Analysis of Savigny . . 20 
 
 Campbell 47 
 
 Harris 20 
 
 Salkowski 14 
 
 Whitfield 14 
 
 SALVAGE— 
 
 Jones 47 
 
 Kay 17 
 
 SAVINGS BANKS— 
 
 Forbes 18 
 
 SCINTILLAE JURIS— 
 
 Darling (C, J.) . . r\;^u-;-^^ t^X^i 
 
 SEA SHORE— > 
 
 Hall 
 
 Moore 
 
 SHIPMASTERS AND SEAMEN^ 
 Kay 
 
 SOCIETIES— 
 
 See CORPORATIONS. 
 STAGE CARRIAGES— 
 
 See MAGISTERIAL LAW. 
 STAMP DUTIES— 
 
 Copinger 45 
 
 STATUTE OF LIMITATIONS— 
 
 Banning 42 
 
 STATUTES— 
 
 Hardcastle, by Craies .... g 
 
 Marcy 26 
 
 Thomas 28 
 
 STOPPAGE IN TRANSITU— 
 
 Campbell 
 
 Houston a 
 
 Kay .17 
 
 STUDENTS' BOOKS . 20—28, 39, 47 
 SUCCESSION DUTIES— 
 
 Hanson 10 
 
 SUCCESSION LAWS- 
 
 Lloyd . 13 
 
 SUPREME COURT OF JUDICA- 
 TURE, Practice of— 
 
 Indermaur . 25 
 
 TELEGRAPHS— 
 
 See MAGISTERIAL LAW. 
 TITLE DEEDS— 
 
 Copinger 45 
 
 TORTS— 
 
 Ratanlal (Indian) 26 
 
 Ringwood 13 
 
 TRADE MARKS— 
 
 Daniel . . 42 
 
 TRAMWAYS AND LIGHT RAIL- 
 WAYS— 
 
 Brice 19 
 
 TREASON— 
 
 KeJTDg ,35 
 
 Taswell-Langmead 21 
 
 TRIALS— Bartlett, A. (Murder) . . 32 
 
 Queen v. Gurney • 3* 
 
 ULTRA VIRES— 
 
 Brice l6 
 
 USAGES AND CUSTOMS— 
 
 Browne 19 
 
 VOLUNTARY CONVEYANCES— 
 
 May '. . . 29 
 
 WATER COURSES- 
 
 Higgins , ... 30 
 
 WILLS, CONSTRUCTION OF— 
 
 Gibbs, Report of Wallace v. 
 
 Attorney-General 10 
 
 WORKING CLASSES, Housing of 
 
 Digttii^d bf!^icros6f^ '^ 
 
6 STEVENS SfxHAYNES, BELL YARD, TEMPLE BAR. 
 
 Third Edition, in 8vo, price zu., cloth, 
 
 THE LAWS OF INSURANCE : 
 
 dFire, ilife, ^cctient, anti ©fuarantee. 
 
 EMBODYING 
 
 CASES IN THE ENGLISH, SCOTCH, IRISH, AMERICAN, AND 
 
 CANADIAN pOURTS. 
 
 By JAMES biggs PORTERi 
 
 OF THE INNER TEMPLE, BARHISTER-AT-LAW. 
 
 ,,' . , ASSISTEi3''BY ■'.'!(' ■ > '' ■ ' ''• --■ 
 
 W. FEILDEN CRAIES,. M.A., and THOMAS S. LITTLE, 
 
 OF THE INNER TEMPLE, EARRISTERS-JAT^LAW., 
 
 " We find little change in the scope of the book, but the cases detided since i887_, some of them a-e 
 of considerable importance, together with the hew Statute Law relating to the subject, have all been 
 properly placed, and make the third edition as valuable as its predepessor. We do, not hesitate to 
 recommend this book to the continued favourable attention of the Legal profession." — Law Journal. 
 
 " This work, which ii? the present edition has been brought down to the latest date, "was originally 
 published by Mr. Porter in 1^84, with the view of Supplying a .concise treatise on the Laws of In- 
 surances within the compass of a moderate sized volume, and we have no hesitatjpji in saying hpw 
 excellently the author has attained that object, while overlooking or omitting nothing of importance- 
 The book is one of great value." — Irish L,aw Times. '^' ' ' ... 
 
 " The issue of a third edition calls for little more than a record of the facty for the previous editions 
 of the book established 'its teputa'tldn as a lucid and exhaustive examination of the subject dea:]t,with. 
 It is still, so far as we know, the only book wh cb embraces the whole Law of Insurance [excepting 
 marine) and the present edition is as clearandconciBe^Sever." — Manchester Guardian. ' ' 
 
 " The third edition ,of>Pprt^r's most excellent and concise treatise on the. laws relating to Insurance 
 is now before us; and, tjiose with ariy knowledge of, or experience in, insurance affairs of any class or 
 descriptioDj will know that, with the name of the author quoted, the contents will he at oiice inclusive,. 
 
 ,clear^ concise and reliable Should certainly be on the .shelves of .every insurance office^ 
 
 and in the possession of every broker, as well as a necessary addition to a, laiyyer's librar^"i 'Liverpool 
 journal of Covimerce. ' '^ 
 
 '• In Royal i2mo, price 20J., cloth, 
 
 QUARTER SESSIONS PRACTICE, 
 
 A VADE MECVM OF GENERAL PRACTICE IN APPELLATE AND 
 CIVIL CASES AT QUARTER SESSIONS. 
 
 ' By FREDERICK JAMES SMITH, 
 
 ■OF THE MIDDLE TEMPLE, BARRISTER- AT-LAW, AND RECORDER OF MARGATE. ' ' 
 
 Third Edition. In one volume, Svo, price 2IJ., cloth, 
 
 A COMPENDIUM OF THE LAW RELATING TO 
 
 EXECUTORS AND ADMINISTRATORS, with an Appendix of 
 
 Statutes, Annotated by means of References to the Text^"^ By W. GREGORY 
 Walker, B.A., Barrister-at-Law, and Edgar J. Elgood, B.C.L., M.A.» 
 Barrister-at-Law". Third Edition by E'.J. Ei,good, B.C.L., M.A. 
 
 " Mr. Walker is'fortunate in his choice of a sub- 
 
 "We higWy approve pf Mf., Walker's arrange- 
 ment. . . . . 1*he Notes are full, arid as far as we 
 have been able to.ascertain, carefully and accurately 
 
 compiled We can commend it as bearing 
 
 on its face evidence of skilful and careful labour, 
 arid we anticipate that it will be found a very 
 aoceptable substitute for tbe ponderous tomes 
 of the. much, esteemed . and valued Williams." — 
 Law Tifnes. -. , , , 
 
 ject, and the power of treating it succinctly ; for 
 the ponderous tomes of Williams, however satisfac- 
 tory as an authority, are necessarily inconvenient 
 
 for reference asv well-as ejroensive^ On the 
 
 whole we are inclined to tfiinlc the book a good and 
 useful one." — Law Jotimal. ' ■ 
 
 In royal I2m9, price 4^., cloth, 
 A DIGEST OF THE LAW OF 
 
 PRACTICE UNDER THE JUDICATURE ACTS AND RULES, 
 
 AND THE CASES PJECIDED IN THE CHANCERY AND COMMON LAW DIVISIONS 
 FROM NOVEMBER 1875 TO AUGUST 1880. !../.: 
 
 By W. H. HS^teefif J^MClBpSDJfiDBarrister-at-Lafl-. 
 
STEVENS ^I/4YJVES, BELL YARD,^ TEMPLE BAR, 
 
 Second Edition, in 8vo, price gj., cloth, 
 
 THE LAW OF MAINTENANCE AND DESERTION, 
 
 . AND THE Q-RDERS OF THE JUSTICES THEREON. Second 
 iidition, including the LAW OF AFFILIATION and BASTARDY. With 
 an Append!* of Statutes and Fotlns," including the Summary Jurisdiction (Marrild 
 Womens') Act of,- 1895. By Temple Chevallier Martin, Chief Clerk of the 
 Lambeth Police Court, Editor of the " Jilagisterial and Police Guide," &C:, and 
 George Templb Marti n, M.A., of LincoIn^s Inn, Barrister-at-Law. 
 
 Third Edition. Crown 8vo, price 6^. 6(/., cloth, 
 
 THE LAW OF ARBITRATION AND AWARDS ; 
 
 With Appendix containing the STATUTES RELATING TO ARBITRA- 
 TION, and a collection of Forms and Index. Third Edition. By Joshua 
 Slater, of Gray's Inn, Barrister-at-Law. 
 
 Second Edition. Crown 8vo, in preparation. 
 
 THE PRINCIPLES OF MERCANTILE LAW. By 
 
 Joshua Slater, of Gray's Inn, Barrister-at-Law. 
 In 8vo, price \2s., cloth, 
 
 THE LAW AND PRACTICE OF DISCOVERY in 
 
 the SUPREME COURT of JUSTICE. With an Appendix of Forms, 
 Orders, &c., and an Addenda giving the Alterations under the 
 New Rules of Practice. By Clarence J. Peile,' of the Inner Temple, 
 Barrister-at-Law. 
 
 In one volume, Svo, price i8x., cloth, 
 THE LAW AND PRACTICE RELATING TO 
 
 PETITIONS IN CHANCERY AND LUNACY, 
 
 • Including THE SETTLED ESTATES ACT, LANDS CLAUSES ACT, 
 TRtrSTEE ACT, WINDING-UP PETITIONS, PETITIONS RELATING 
 TO SOLICITORS, INFANTS, Etc., Etc. With an Appendix of Forms 
 and Precedents. By Sydney E. Williams, Barrister-at-Law. 
 
 Second Edition, in 8vo, price 28j., cloth, 
 
 A SELECTION OF PRECEDENTS OF PLEADING 
 
 UNDER THE JUDICATURE ACTS IN THE COMMON LAW DIVISIONS. 
 
 With Notes explanatory of the different Causes of Action and Grounds of Defence ; aiad 
 
 an Introductory Treatise on the Present Rules and Principles of Pleading as 
 
 illustrated by the various Decisioiis down to the Piresent Time. 
 
 By J. CUNNINGHAM and M. W. MATTINSON. 
 
 SECOND EDITION. 
 
 By miles walker MATTINSON, of Gray's Inn, Barrister-at-Law, and 
 
 STUART CUNNINGHAM MACASKIE, of Gray's Inn, Barrister-at-Law. 
 
 REVIEWS. 
 "The notes are very pertinent and satisfactory : the introductory chapters on the present system of pleading 
 are excellent, and the precedents will be found very useful. "^r-Zrw/i Ltiw Times. 
 ' "A work which, in the compassof a single portable volume, oontains> a brief Treatise on the Principles 
 and Rules of Pleading, and a' carefully annotated body of Forms which have to a great extent gone throueh 
 the entirely separate sifting procesMjaf-iihambevs Coi:rt, and Tii'Ji;as' Chambers, cannot fail to be a most 
 uieyut companion in the PractitioiAif 'fcaill^Aitia/j. " - -La w Mizgai,!M and linieiu. - 
 
STEVENS &• HAYNES, BELL YARD, TEMPLE BAR. 
 
 Second Edition, in two volumes, royal 8vo, price 70J., cloth, 
 
 NEGLIGENCE IN LAW 
 
 Being the Second Edition of "Principles of the Law op Negligence," 
 Re-arranged and Re-written. 
 
 By THOMAS BEVEN, 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF *' THE LAW OF EMPLOYERS* LIABILITY 
 FOR THE NEGLIGENCE OF SERVANTS CAUSING INJURY TO FELLOW SERVANTS." 
 
 REVIEWS, 
 
 " These volumes, says Mr. Beven in the preface, maybe regarded as a second edition of his ' Principles 
 of the Law of Negligence,' in so, far as the subjects treated of in both books are the same; and the 
 materials collected in the one have been used without reserve in the other. _ As to anything beyond this, 
 he continues, the present is a new work. The arrangement is altogether different from that_ previously 
 adopted. Nearly a half of the contents of these volumes is absolutely new, and of the remainder there 
 is very little which has not been materially modified, if not in substance, yet in expression. 
 
 "Upon its first appearance, the * Princii>Ies of the Law of Negligence ' was at once recognized as a 
 work of the highest importance, and the ability and industry which Mr. Beven had brought to bear upon 
 his task laid the profession under no ordinary obligation. The service which he then rendered has been 
 greatly increased by the production of this second edition, and the book deserves a place in the first 
 rank among authoritative expositions of the law. 
 
 " The chief characteristic of Mr. Beven s method is thoroughness. He is not himself in a hurry, and 
 it is certainly useless for his readers to be so. The law is to be found in his pages, and, when found^ it is 
 alearly enunciated ; but it is always deduced from a full and discriminating examination of multitudmous 
 cases— English and American— and readers must be content to survey, leisurely and cautiously, with Mr. 
 Beven, the whole field of judicial exposition, and to follow his own careful and elaborate criticism, if they 
 would gain the full benefit of the results at which he arrives. The book is not meantto be takenup 
 for a hasty reference, and often the lawyer may find it more convenient to resort to a treatise more concise. 
 On the other hand, it will be an invaluable companion in the consideration of any matter which requires 
 research, and the style and arrangement are such that, whether the book is used for purposes of business or 
 of general study, it cannot fail to prove deeply interesting. . . . 
 
 "The above account is but a sketch of Mr. Beven's great work. It is impossible within the present 
 limits to give an adequate idea of the variety of topics which are included, of the learning and patience with 
 which they are discussed. Negligence may only be an aspect of the law ; but the treatment here 
 accorded to it throws into prominence a host of questions of the utmost importance, both practically and 
 theoretically. By his contribution to the due understanding of these Mr. Beven has placed the profes- 
 sion under a lasting obligation, an obligation which no reader of his work will fail to realize." — Solicitors* 
 youmal. 
 
 ** The book upon which this is founded, and which is in a measure a former edition of the present 
 volumes, has made Mr. Beven an authority on the subject of the law of negligence. He has, in writiug 
 tuese volumes, made full use of his former labours ; but he claims that in reality the present work is a 
 new one, and his claim is justified. . . . Just occasionally a well-written and ably-conceived law 
 book is published, and such a one is this of Mr. Beven's. We think that to compare it with other books 
 on the subject would be impossible ; it stands easily the best book on the subject. In clear exposition of 
 law, for good classification of subject-matter, for accuracy of detail, and for every arrangement to facili- 
 tate reference it cannot be beaten. We may congratulate Mr. Beven upon the accomplishment of his 
 laborious task ; he has given to the profession a valuable work, and one which will enhance his reputation 
 as a writer on the Law of Negligence." — Law yournai, August 3, 1895. 
 
 *' He has treated the well-known subject of Negligence in a scientific way, and has not been content with 
 merely collecting, in more or less relevant positions, a number of cases which anyone could find for himself 
 in any Digest of Law Reports, but has endeavoured to reduce from the chaos of decided cases a systematic 
 study of the subject, with clear enunciations of the principles he finds governing the various decisions. In 
 the arrangement of the book the author has been very happy in his method, a by no means easy task in the 
 treatment of a subject in which each branch of it in reality overlaps another. ... A good index and 
 clear type increase the value of a book which will without doubt receive the hearty commendation of the 
 profession as a successful completion of the author's ambitious task." — Law Times. 
 
 " In respect of the style of treatment of the subject, the book must be highly commended. It will be of 
 service to every lawyer who wishes rather to get an intelligent understanding of the Law of Negligence, 
 than merely to find correct and reliable legai propositions for practical use, and that whether he be a student 
 or a practitioner. To the student the work is valuElble for the searching and well-sustained discussion of the 
 cases ; and to the practitioner there are presented all the cases that bear on most points for which he may 
 be in search of authority. One of the chief merits of the work is, that all the available authority on eadh 
 point is collected and so arranged that it can be easily found." — juridical Review. 
 
 "Contains evidence of much s^g[/£/2€jG&i^yu^<G£'G&Qi^^fair trial at the hands of the profes; 
 
 sion." — Law Quarterly Rez'iew. 
 
STEVMNS ^ HAYNES, BELL YARD, TEMPLE "BAk. 
 
 Second Edition, in royal 8vo, price 38^. , cloth, 
 
 THE LAW OF THE DOMESTIC RELATIONS, 
 
 ' , INCLUDING 
 
 HUSBAND AND WIFE: PARENT AND CHILD: GUARDIAN AND 
 WARD : INFANTS : AND MASTER AND SERVANT. 
 
 By WILLIAM PINDER EVERSLEY, B.C.L., M.A-, , 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 We are glad to dee a second edition of Mr. Eversley's iisefiil work. There is a convenience in having 
 Che^rious subjects of which it treats collected in one volume, while at the same time each is handled 
 with such fulness as to give the reader all the information he could expect -in a separate volume. Mr. 
 E»6rtl«y states the law with the most painstaking thorougViness, and has made an exhaustive survey of 
 all. the relevant statutes and cases. . . Great care has been taken to make the pfesent edition complete 
 and accurate, and a very full index adds to its \it\\\X'j."—Solieitars' Journal. ' 
 
 "Iniportant statutes and cases have come into, operation since the first edition, and tbis has induced 
 Mr. Eversley togive the contracts of married women separate treatment. Careful revision to date now 
 makes- this treatise comprehensive and thoroughly reliable." — Law Times. 
 
 "This is an important and almost .a-.leading treatise ondomestic law. - The former edition was received 
 with merited favour. Its value has become well known, and now, after an interval of eleven years, the 
 learned author has brought out a second edition. "^i;,«OT-y(7Kr«fl/. ^ ; 1 
 
 _ " It is only necessary to refer to Mr. Eversley's learned and scholarlike work; on ' The Domestic Rela- 
 tions/ a book which, though technically belonging to the forbidding ranks of ' Law Books,' is yet full of 
 human interest, and written, moreover, in the English language." — Edinburgh Review. 
 
 Second Edition, in one volume, royal 8vo, price 32^., cloth, 
 THE LAW RELATING TO THE 
 
 SALE OF GOODS AND COMMERCIAL AGENCY. 
 
 SECOiVD EDITION. , . . 
 
 By ROBERT CAMPBELL, M. A., 
 
 OF Lincoln's inn, barrister-at-law; advocate of the scotch bar, 
 
 AUTHOR OF THE " LAW OF "NEGLIGENCE," ETC. 
 
 **An accurate, careful, and exhaustive handbook on the subiect with which it deals. The exceller t 
 index deserves a special w<Kd sC coainieridat^on;"Tr^_i!r?« Quarterly Review. 
 
 __ *' We can, therefore, repeat what we said when re\dewing the first edition— that the book is a contribu- 
 tion of value to the subject treated of, and that thfe writer deals with his subject carefully and fiilly." — 
 Lam yaumal. . - • ' , ■"-' 
 
 Second Edition, in one volume, 8vo, price 28^., cloth, ' 
 
 A TREATISE ON 
 
 THE CONSTRUCTION AND EFFECT OF 
 STATUTE LAW. 
 
 WITH APPENDICES CONTAINING WORDS AND EXPRESSIONS USED IN STATUTES 
 
 WHICH HAVE BEEN JUDICIALLY OR STATUTABLY CONSTRUED, AND 
 
 THE POPULAR AND SHORT TITLES OF CERTAIN STATUTES. 
 
 By HENRY HARDCASTLE, Barrister-at-law. 
 SECOND EDHION, REVISED AND ENLARGED, by W. F. CRAIES, 
 
 BARRISTER- AT-LAW. 
 
 -" The result of Mr. Craies' industry is a sound and good piece of work, the new light thrown 
 on the subject since 1879 having been blended wiih the old in a , thoroughly workmanlike 
 manner. Though' less a student's manual than a practitioner's text book', if is the sort of 
 volume an intelligent perusal uf vh^ch wqald /g^juceitftjafflmdent better than the reading of 
 much substantial \a,yi ." ^Satu'rday Reviaor^ ;w70Txr50(rc3- 
 
10 STEVENS &= HAYNES, BELL YARD, TEMPLE BAR, 
 
 Fourth Edition, in 8vo, price 30j-., cloth, 
 HANSON'S DEATH DUTIES;. being the Fourth Edition of 
 
 the Acts relating to Estate Duty Finance, Probate, Legacy, and Succession 
 Duties. Comprising the 36 Geo. III. c. 52; 45 Geo, III. c. 28 ; 55 Geo, IIL 
 c. 184; and 16 & 17 Vict. c. 51; the Customs and Inland Revenue Acts, 
 43 Vict. c. 14; and 44 Vict. c. 12; also the New Estate Duty Finance Acts, 
 57 & 58 Vict. c. 30, and 59 & 60 Vict. c. 28 ; with an Introduction, 
 Copious Notes, and References to all the Decided Cases in England, Scot- 
 land, and Ireland. An Appendix and a full Index. By Alfred Hanson, of 
 the Middle Temple, Esq., Barrister-at-Law, Comptroller of Legacy and Suc- 
 cession Duties. Fourth Edition by Lewis T. Dibdin, M.A., D.C.L., and 
 F. H. L. Errington, M.A., Barristers-at-Law. 
 
 " It is remarkable how surely a really good legal 
 treatise finds favour with the Profession. The late 
 Mr, Hanson's edition of the Acts relating to "Es- 
 tate, Probate, Legacy and Succession Duties," is 
 one of these. .... The passing of the Finance 
 Acts of 1894 and 1896 have caused the introduction 
 of new matter. We recognise a decided improve- 
 ment in the work, which we think will enhance its 
 
 reputation with the Profession, and all iateresteef 
 in a somewhat difficult subject." — Law Times. 
 
 "Of all the various treatises on the subject to 
 which the recent Acts have given biFth, the one 
 under review strikes us as the fullest and best, and 
 we heartily recommend it to all seeking instruction 
 on these difficult statutes." — Ir^sh Law Titnes^ 
 
 In one Volume, royal 8vo, price 50J, 7tet, 
 
 THE LAW AND PRACTICE IN LUNACY: with 
 
 the Lunacy Acts, 1890-91 (Consolidated and Annotated) ; the Rules of Lunacy 
 Commissioners; the Idiots Act, 1886; the Vacating of Seats Act, 18S6 ; the 
 Rules in Lunacy ; the Lancashire County (Asylums and other powers) Act, 1891 j 
 the Inebriates Act, 1879 and 1888 (Consolidated and Annotated) ; the Criminal 
 Lunacy Acts, 1800-1884 ; and a Collection of Forms, Precedents, &c. By A. 
 Wood Renton, Barrister-at-Law. 
 
 In 8vo, price 30^., cloth, 
 
 THE PRACTICE ON THE CROWN SIDE 
 
 Of the Queen's Bench Division of Her Mfgesty's High Court of Justice 
 
 (Founded on Corner's Crown Office Practice.), including 
 Appeals from Inferior Courts ; with Appendices of Rules and Forms, 
 By F. H. SHORT, Chief Clerk of the Crown Office, and 
 FRANCIS HAMILTON MELLOR, M.A., Barrister-at-Law. 
 
 In 8vo, price \2s., cloth, 
 
 THE CROWN OFFICE RULES AND FORMS, 1886. 
 
 The Supreme Court of Judicature Acts and Rules of the Supreme Court, 1883, relating to 
 the Practice on the Crown side of the Queen's Bench Division ; including Appeals 
 from Inferior Courts, Tables of Court Fees, Scales of Costs ; together whh Notes, 
 Cases, and a Full Index. By F. H. SHORT, Chief Cler k of the Crown Office. 
 
 In royal 8vo, 1877, piice lOJ., cloth, 
 
 THE CASE OF LORD HENRY SEYIVIOUR'S WILL 
 
 (WALLACE V. THE ATTORNEY-GENERAL). 
 Reported by FREDERICK WAYMOUTH GIBBS, C.B., Barrister-at-Law, 
 
 ^^_^_ LATB FELLOW OF TRINITY CO LLEGE, CAMBRIDGE. 
 
 In 8vo, 1867, price i6j., cloth, 
 
 CHARITABLE TRUSTS ACTS, 1853, 1855, 1860; 
 
 THE CHARITY COMMISSIONERS* JURISDICTION ACT. 1862: 
 THE ROMAN CATHOLIC CHARITIES ACTS: 
 '^"B^'^^r with a Collection of Statutes relating to or affecting Charities, including the 
 Mortmam Acts, Notes of Cases from 1853 to the present time. Forms of Decla- 
 rations of Trust, Conditions of Sale, and Conveyance of Charity Land, and a 
 verj' copious Index. S?co.nd F,dit!on.(M,Wn<tnff(R) 
 By HUGH COOKE &nd R, G. HAE[W8r6B.°gfthe Charity Commission. 
 
STEVENS <Sr= HAi'NES, BELL VARD, TEMPLE BAR. U 
 
 Just Published, Demy 8vo, 152 pp. Price 7^. 6^. 
 
 THE LAW RELATING 
 
 TO 
 
 UNCONSCIONABLE BARGAINS 
 
 WITH 
 
 MONEY-LENDERS. 
 
 INCLUDING the History of Usury to the Repeal of the Usury Laws, with Appendices, 
 •^ coiitaiiiing a Digest of Cases, Annotated ; relating to Unconscionable Bargains, 
 Statutes, and Forms for the use of Practitioners. By Hugh H. L. Bellot, M.A., 
 B.C.L., and R. James Willis, Barristers-at-Law. 
 
 INNER TEMPLE RECORDS. A Calendar of the. 
 
 Edited by F. A. Inderwick, Q.C. Vol. L, 21 Hen. VH. (1505)— 45 Eliz. 
 (1603). Imperial 8vo. Roxburghe binding. 1896. 2.0s, net. 
 
 In one Volume, Svo, price 20j., cloth, 
 THE 
 
 PRINCIPLES OF COMMERCIAL LAW; 
 
 WITH AN APPENDIX OF STATUTES, ANNOTATED BY MEANS OF 
 REFERENCES TO THE TEXT. 
 
 By JOSEPH HURST and LORD ROBERT CECIL, 
 
 OF THE INNER TEMPLE, BARRISTERS-AT-LAW. 
 
 "Their compendium, we believe, will be found a really useful volume, one for the lawyer and the 
 business man to keep at his elbow, and which, if not giving them all that they require, will place in their 
 hands the key to tjie richer and more elaborate treasures of the Law which lie in larger and more exhaus- 
 tive works." — Ldiv Times. 
 
 "The object of the authors of this work, they tell us in their preface, is to state, within a^M^oderate 
 compass, the principles of commercial law. Very considerable pains have obviously been expended on the 
 task, and the booka.s in many respects a very serviceable one." — Law Journal. : .^ 
 
 Second Edition, in royal Svo, price 25^., cloth, 
 THE 
 
 RELATIONSHIP OF LANDLORD AND TENANT. 
 
 By EDGAR FOA, 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. , ' 
 
 "Will be found of much value to practitioners, and when a second edition has given the author the 
 opportunity of reconsidering and car^efuUy revising his statements in detail, we think it will take its place 
 as a very good treatise on the modern'laSv of landlord and tenant.'^ — Solicitors' yournaL 
 
 " Mr. Foa is a bold man to undertake the exposition of a branch of law so full of difficulties and encum- 
 bered by so many decisions as the Law of Landlord and Tenant. But his boldness is justified by the 
 excellent arrangement and by the lucid statements which characterise his book.'' — Law Quarterly Review. 
 
 " Mr, Foa's is a compact work, treating (i) of the creation of the relationship ; (2) the incidents of 
 creation (distress) and determination of the relationship ; {3) modes and' incidents of determination. We 
 commend it to the attention of the Profession and predict for ¥oa on Landlord and Tenant a very useful 
 and very permanent future." — Law Times. 
 
 "We Imve nothing but praise for the work, and we shall be astonished if it does not take rank in 
 course of time as one of the best — if not the best — work for every-day practice on the subject of Landlord 
 and Tenant." — Law Notes. 
 
 "Without making any invidious comparison with existing works on the subject, we may frankly say 
 that Mr. Foa's work indisputably possesses merit. . . . Our verdict on the book must be a decidedly 
 favourable onfi."— Zaw Students^ Journal. 
 
 " ' The Relationship of Landlord and Tenant,' ^)'l■itten by Mr. Edgar Foa, Barrister-at-Law^ affords a 
 striking instance oi accuracy an{Di©»^@C)Bl|)tMri^fC/tlt8©M®e should be found useful not only by 
 lawyers but by landlords and tenants themselves, the law in each particular being stated with a simplicity 
 and clearness which bring it within the grasp of the lay mind."— Z.aw Gazette. 
 
12 STEVE-NS &> HAYNES, BELL YARD, TEMPLE BAR. 
 
 Second Edition. In royal 8vo, price y>s., cloth, 
 A TREATISE ON THE 
 
 LAW AND PRACTICE 
 
 RELATING TO 
 
 LETTERS PATENT FOR INVENTIONS. 
 
 WITH AN 
 
 APPENDIX OF STATUTES, INTERNATIONAL CONVENTION, 
 RULES, FORMS AND' PRECEDENTS', ORDERS, &c. 
 .. By ROBERT FROST, B.Sc. (Lond.), 
 
 FELLOW OF THE CHEMICAL SOCIETY ; OF LINCOLN'S INN, ESQUIRE, BARRISTER-AT-LAW- 
 
 " In our view a good piece of work may create a demand,' aiid without disparaging existing literature 
 upon the subject of patents, we think the care and skill With which the 'volume by Mr. Frost has been 
 compiled entitles it to recognition at the ha^nds of the^ profession. . .' . -. Judging Mr. Frost on this 
 ground, we find him completely satisfactory. A careful examination of the entire volume satisfies us that 
 gi>eat-'Care and much labour have been devoted to the production of -this treatise, and we think that patent 
 agents, solicitors, the bar and the bench, may confidently turn for guidance and instruction to the pages 
 of Mr. Frost."^Zaw Times. ■ ■ - . 
 
 "Few practice books contain so much in so reasonable a space, and we repeat that it will be found 
 generally useful by practitioners in this important branch of the law, . . A capital index concludes 
 
 the haoV."— Law yournal. . ^ . , 
 
 "■The bciok is, as itprcrfesses to 'be, a treatise on patent "law and practice, the several topics being con- 
 veniently .(feiiyan^ed .^nd discussed; in the thirteen chapters which form ,the body of th« work, to which 
 are appended statutes, rules, and h)rms. The statements of the law, so far as we have been able to test 
 them, appear to be clear and accurate, and the author's style is pleasant and good. . . . The book is 
 a good one, and will make its way-. The index is better than usual. Both paper and type are also 
 ixceWsat."— Solicitors' Journal. [ ' , ■ , 
 
 Second Edition. In two volumes, royal 8vo, price 50J"., cloth, 
 
 A PRACTICAL TREATISE ON THE 
 
 LAW OF BUILDING AND 
 _ENGINEERING CONTRACTS, 
 
 And'o'f the DUTIES "and LIABILITIES of ENGINEERS, ARCHITECTS, 
 SURVEYORS AND VALUERS, 
 
 WITH AN APPENDIX OF PRECEDENTS, 
 
 ANNOTATED BY MEANS OF REFERENCE TO THE TEXT AND TO CONTRACTS 
 
 IN USE. 
 
 AND AN APPENDIX OF UNREPORTED CASES 
 
 ON BUILDING AND ENGINEERING CONTRACTS. 
 By ALFRED A. HUDSON, 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 ' ' This is a book of ^reat elaboration and completeness. _ It appears from the prefape that the author has 
 the twofold qualifipation of technical knowledge of building,- gained as an architect,, and devotion to the 
 Ifgal aspects of .building, engineering, and shipbuilding contracts since he became a member of the ba-r. 
 .... The list of cases cited covers fifty large pages, and they include, not merely Engliih, but American 
 and Colonial decisions. ■■ • • The hookas a whofe represents a large, amqunt of well-directed labour, and 
 it oughf to become the standard work on its subject. "-T-6"^#irzVorj' Journal. , . 
 
 " A very full index completes the book. Mr. Hudson has struck out a new line for, himself, and pro- 
 duced a work of considerable merit, and one which will probably be found indispensable by practitioners, 
 inasmuch as it conta,ins a great deal that is not to be found elsewhere. Thcj^able pf. Cases gofers to -all 
 the reports." — Law youmat. _ _ > ■ - 
 
 "Mr. Hudson, having abandoned his profession of, an arc|iitect to become a.barrister, hit upon the idea 
 of writing this work, and he has done it with a thoroughness which every houseowner would like to see 
 bestowed upon modern houses. . ., . ,. The Index and Table of Cases reveal a vast amount of industry 
 expended upon detail, and we shtpy^/^iUv;/ siaiu-ir^vi u does not reap the reward of his 
 
 labours by obtaining a large and ap^eciative public." — Law Titnes. 
 
STEVMNS ■St- ha YNES, BELL YARD, TEMPLE BAR. 13 
 
 Third Edition. In 8vo, price los. 6d., cloth, 
 
 OUTLINES OF THE LAW OF TORTS. 
 
 By RICHARD RIJSTGWOOD, M.A., 
 
 OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF "PRINCIPLES OF BANKRUPTCY," &C,, 
 AND LPCTURER ON^ COMMON LAW TO THE INCOKl'ORATED LAW SOCIETY. 
 
 "We hav^alv(^ys Jiad a greatllikin'g for this work, and are very pleased to sets by ijie.appearancp of 
 a new Edition tlfat it is appreciate A- by students. We considerthaC -fof the ordinary student ta-h'o Wants 
 to take up a separate work on Torts, this is the best book be can read, for it is clear and explanatory, and 
 has good illustrative cases, and it is all contained in a very modest compass. . . This Edition 
 appears to Jiaye been thoroughly revised, and is, we think, in many respects improved." — La-w^tudents' 
 journal. >-*----■' ' - .... 
 
 " ITie work is one we well recommend to law students, and the able way in which it is written reflects 
 much credit upon the author." — Law Times. 
 
 " Mr. Ringwood's b^ook is a plain and straightforward introduction to this branch of the law." — Law 
 youmal. ■ ' ■ ' 
 
 *** Prescribed as a text-book by ike Incorporated Law Society of Ireland. 
 
 Sixth Edition, in 8vo, price 2ij., cloth, 
 
 THE LAW OF COMPENSATION FOR LANDS, HO(JSES,Jc, 
 
 UNDER THE LANDS CLAUSES CONSOLIDATION ACTS, THE RAILWAYS 
 CLAUSES CONSOLIDATION ACTS, THE TUBLIC HEALTH ACT, 1875 ; 
 THE HOUSING OF THE WORKING CLASSES ACT, iSqd; 
 -. XHE METROPOLIS LOCAL MANAGEMENT ACT ' , 
 
 ' , ," _ , . ._. AND OTHER ACTS, , i ; ' . i ~^ 
 
 WITH A FULL COLLECTION OF FORMS AND PRECEDENTS. 
 By eyre LLOYD, 
 
 OF THE INNER TEMPLE,;bARRIST"ER-AT-LA_W. 
 
 SIXTH EDITION. 
 
 ..1 By W, J. BROOKS, „ _— 
 
 OF THE INNER TEMPLE, BARRISTEK-AT-LAW. 
 
 " Itt providing the le^al profession with a book which contains the decisions oj the Courts oj Law and 
 Equity upon tlie various statiites relating to the Laiv of Compensation^ Mr. Eyre Lloyd has long since 
 l^t all competitors z« the distance, and his booh may now be considered the standard uuork upon the sub- 
 ject. The plati of Mr. Lloyds book is generally known, and its lucidity is appreciated; the present quite 
 fit^is all tkepr'oj^^es of the Receding editions^ and contahis in addition to other matter a complete se^ 
 ^ffori^ts ufidertke/Artizf^ts ^7id Labourers Act, 1875, and specimetis of Bills of Costs, which will be fouivd 
 a novel feature, extremely iisefulto legal practitioners." — Justice of the Peace. 
 
 ^ ' .L : .; I jjj %s'Oi price 7 J., cloth, 
 
 THE SUCCESSION LAWS OF CHRISTIAN COUNTRIES, 
 
 WITH SPECIAL REFERENCE-^b THE LAW OF PRIMOGENITURE 
 
 AS IT -EXISTS IN ENGLAND. -' 
 
 By eyre LLOYD, B.A., Barrister-at-Law. 
 
 In crown 8vo,. price 6i., clothj 
 
 ESSAYS IN JURISPRUDENCE AND LEGAL HISTORY. 
 
 By JOHN W. SALMOND, M.A., LL.B. (Lond.), 
 
 A BARRISTER OF T-HE SUPfiEME COITRT OF NEW ZEALAND. 
 
 In crown 8.vo, price 6j., cloth. 
 
 THE FIRST PRINCIPLES OF JURISPRUDENCE. 
 
 at-Lvv; M^mk^E&YM\C(&^^L 
 
 ;.A., LL.B., 
 
 bareister-at-la«- ; AiJI0ffl£lB&BRyvlVt{CfiiiS^{[f^tiCis and iEcit history^ 
 
14 STEVENS dr= HAYNES, BELL YARD, TEMPLE BAR. 
 
 In 8vo, -price "js. 6d., cloth, 
 
 THE LAW OF 
 
 NEGOTIABLE SECURITIES. 
 
 CONTAINED IN A COURSE OF SIX LECTURES. 
 Delivered by WILLIAM WILLIS, Esq., Q.C, 
 
 AT THE REQUEST OF 
 
 THE COUNCIL OF LEGAL EDUCATION. 
 
 In one large vol., 8vo, price 32.5., cloth, 
 
 INSTITUTES AND HISTORY OF ROMAN PRIVATE LAW, 
 
 WITH CATENA OF TEXTS. 
 
 By Dr. CARL SALKOWSKI, Professor of Laws, Konigsberg. 
 Translated and Edited by E. E. Whitfield, M.A. (Oxon.). 
 
 In 8vo, price 4^. dd., cloth, 
 THE 
 
 NEWSPAPER LIBEL AND REGISTRATION ACT, 1881. 
 
 WITH A STATEMENT OF THE LAW OF LIBEL AS AFFECTING 
 PROPRIETORS, PUBLISHERS, and EDITORS OF NEWSPAPERS. 
 
 By G. ELLIOTT, Barrister-at-Law, of the Inner Temple. 
 In one volume, royal 8vo, 
 
 CASES AND OPINIONS ON CONSTITUTIONAL LAW, 
 
 AND VARIOUS POINTS OF ENGLISH JURISPRUDENCE. 
 
 COLLECTED AND DIGESTED FROM OFFICIAL DOCUMENTS 
 
 AND OTHER SOURCES. 
 
 WITH NOTES. 
 
 By WILLIAM FORSYTH, M.A., M.P., Q.C, 
 
 STANDING COUNSEL TO THE SECRETARY OF STATE IN COUNCIL OF INDIA, 
 
 Author of ''Hortensius--; ';Histmvof.Xrid by Jiy^" "Life of Cicero," etc. 
 
 late 
 
 'I^^W[/%'^®liLbridgef 
 
STEVENS &' HAYNES, BELL YARD, TEMPLE BAR. 15 
 
 Sixth Edition, in 8vo, price \qs. 6d., cloth, 
 
 THE PRINCIPLES OF BANKRUPTCY. 
 
 WITH AN APPENDIX, 
 
 CONTAINING 
 
 THE CONSOLIDATED RULES OF 1886, 1890 & 1891, SCALE OF 
 
 COSTS, AND THE BILLS OF SALE ACTS, 1878, 1882, 1890 & 
 
 1891, AND THE RULES THEREUNDER; THE DEEDS OF 
 
 ARRANGEMENT ACT, 1887, AND THE RULES THEREUNDER. 
 
 By RICHARD RINGWOOD, M.A., 
 
 or THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; LATE SCHOLAR OF TRINITY COLLEGE, DUBLIN. 
 
 ""We welcome a new edition of this excellent student's book. We have written favourably of it in 
 reviewing previous editions, and every good word we have written we would now reiterate and perhaps 
 «ven more so. . . . In conclusion, we congratulate Mr. Ringwood on this edition, and nave no 
 hesitation in saying that it is a capital student's book." — Law Students' Journal. 
 
 "This edition is a considerable improvement on the first, aj^d although chiefly written for the use of 
 Students, the work will be found useful to the practitioner." — Laiv Tunes. 
 
 Seventh Edition, in 8vo, price 2iJ., cloth, 
 A TREATISE UPON 
 
 THE LAW OF BANKRUPTCY 
 
 AND 
 
 BILLS OF SALE. 
 
 WITH AN APPENDIX 
 
 CONTAINING 
 
 THE BANKRUPTCY ACTS, 1883— 1890; GENERAL RULES, 
 FORMS,. SCALE OF COSTS AND FEES ; , 
 RULES UNDER S. 122 of 1888 ; DEEDS OF ARRANGEMENT- ACTS, 
 
 1887— J890; RULES AND FORMS ; BOARD OF TRADE AND 
 
 COURT ORDERS ; DEBTORS ACTS, 1869, 1878; RULES and FORMS; 
 
 BILLS OF SALE ACTS, 1878— 1891, Etc., Etc. 
 
 By EDWARD T. BALDWIN, M.A., 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 "The sev«n editions simply record the constant progress of case growth and statute law. \x. is a 
 jremarkably useful compendium." — Law Times^ July 20, 1895. 
 
 '*Asa well-arranged and complete Collection of case law this book should be found of great use."— iaa/ 
 Journal^ July 20, 1895. 
 
 ■" Carefully brought dowm to date." — Solicitors' ^oumali November g, 1895. 
 
 ■**We have always considered the work an admirable one, and the present edition is quite up to the 
 
 Erevious high standard of excellence. We know of no better book on bankruptcy for the practitioner's 
 brary." — Law Students youmal, August, 1895. 
 - ** Practitioners may, we feel sure, safely rely oftyff^lljy^^J^^;^ A distinct acquisition for reference 
 purposes to the shdf of any practiticr.jr.' '-Zai'iivV*! 
 
16 STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. 
 
 Third Edition, in one vol., price 20J., cloth, 
 
 A COMPENDIUM OF THE LAW OF 
 PROPERTY IN LAND. 
 
 FOR THE USE OF STUDENTS AND THE PROFESS/ON. 
 
 THIRD EDITION WITH ADDENDA, GIVING THE LAND TRANSFER 
 ACT, 1897, WITH REFERENCES TO THE TEXT. 
 
 Bt WILLIAM DOUGLAS EDWARDS, LL.B., 
 
 OF Lincoln's inn, barrister-at-law, 
 
 "Mr. Edwards^ treatise on the Law of Real Property is marked by excellency of arrangement and 
 
 conciseness of statement We are glad to see, by the appearance of successive editions, that the 
 
 merits of the book are appreciated." — 'Soliciiors' Jour^ial. 
 
 " So excellent is the arrangement that we know of no better compendium upon the subject of which it 
 treats." — Law Times, , , . i . 
 
 "We welcome the 'third edition of Mr. Edwards' book.' It has by this time secured a first place 
 amongst students' books on 'Real Property, both by its admirable arrangement of. topics and- by the ' 
 clearness of its statements. The present edition incorporates the Statutes and Cases for 1896." — 
 Cambridge Review, 
 
 ,, I' Ai) established place, in legal literature is occupied by Mr. W. D. Edwards' ' Compendium of the Law 
 
 , of.Propetty in Land,' the third editio;n of which has just been published." — The Globe. ' ^ _,. 
 
 ', " We consider it one of the best workspablished on Real Property Law." — Law Students* ypur?iaL '. 
 
 " Another excellent compendium which has entered a second edition is Mr. Edwards' ' Compendium of 
 the Law of Property in Land.' No work on English law is written more perspicuously." — Law Times, 
 
 " The aiithor has the merit of being a sound lawyer, a merit perhaps not always possessed by the 
 authors of legal text-books for students." — Law Quarterly Review. 
 
 "Altogether it is a work for. which we are mdebtedto the author, _and..is_ worthy of the improved 
 notions of law which the study of jurisprudence is bringing to the {ront."—S(ftzciters' jfoumal. 
 
 Third Edition, royal 8vo, price 38^., cloth, 
 THE 
 
 LAW OF CORPORATIONS AND COMPANIES.' 
 
 A TREATISE ON THE DOCTRINE OF 
 
 ULTRA VIRBS: 
 
 BEING 
 
 An Investigation of the Principles which Limit the Capacities, Powers, and Liabilities of 
 CORPORATIONS, 
 
 AND MORE ESPECIALLY OF - 
 
 JOINT STOCK COMPANIES. 
 
 By SEWARD BRICE, M.A., LL.D., London, 
 
 OF THE INNER TEMPLE, ONE OF HER MAJESTV'S COUNSEL. 
 
 THIRD EDITION. 
 
 REVISED THROUGHOUT AND ENLARGED, AND CONTAINING THE 
 UNITED STATES AND COLONIAL DECISIONS. 
 
 REVIEWS. 
 
 '1 . . . On tke 7t>hole, we consider Mr. Brice's exhaustive work a valuable addition to the liieratttreq/ 
 hi fro/ession." — Saturday Review. 
 
 ^ ' It is the Law of Corporations that Mr. Brice treats of (and treats of more fully, and ^t the.jsame 
 tin e more 50ienti6c^lly, than any work with which we are acquainted), not the law of principal and 
 3gent ;:^nd Mr. .Pri.Qe-does not do his book justice by giving it so vague a title." — Law Jojtrtiai. 
 
 "On this doctrine, first introduced in the Common Law Courts m Eiist Anglidti Railway Coi v. 
 Eastern Connties Railway Co.^ Brice on Ultra Vires may be read with advantage."-^5^M(4we»jf ef 
 Lord Justice Bramwell, in thQ[JQ'^j>^§^7^dff^ L. is' li.^^^Ry. Co. (L. R., 3 Q. B. Div. 141.). 
 
STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. 
 
 17 
 
 Seventh Edition, in royal 8vo, price 36^., cloth, 
 
 BDCKLEY ON THE COMPANIES ACTS. 
 
 THE LAW AND PRACTICE UNDER THE COMPANIES ACTS, 1862 to 1893 ; and 
 
 THE LIFE ASSURANCE COMPANIES ACTS, 1870x01872; including 
 
 THE COMPANIES (MEMORANDUM OF ASSOCIATION) ACT; 
 
 THE COMPANIES (WINDING-UP) ACT, and the 
 
 DIRECTORS' LIABILITY ACT. 
 
 ^ ^xttiXxat Ott the gjiitu of <f oint ^\at\ ffiomvantea, 
 
 CONTAINING THE STATUTES, WITH THE RULES, ORDERS, AND 
 
 FORMS, TO REGULATE PROCEEDINGS. 
 
 SEVENTH EDITION BY THE AUTHOR, and 
 A. C. CLAUSON, Esq., M.A., 
 
 OF LINCOLN'S INN, BARRISTEE-AT-LAW. 
 
 Second Edition, with Supplement, in royal 8vo, price 46.;., cloth. 
 THE LAW RELATING TO 
 
 SHIPMASTERS AND SEAMEN. 
 
 THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS, LIABILITIES 
 
 AND REMEDIES, 
 
 By THE LATE JOSEPH KAY, Esq., M.A., Q.C, 
 Second Edition. 
 
 WITH A SUPPLEMENT 
 
 Comprising THE MERCHANT SHIPPING ACT, 1894, The Rules oj 
 Court made there7inde7', and the {-proposed) Regulations for 
 Preventing Collisions at S£a. ' ' 
 
 By THE Hon. J. W. MANSFIELD, M.A., and 
 
 G. W. DUNCAN, Esq., B.A., 
 
 OF THE INNER TEMPLE, BARRISTERS-AT-LAW. 
 
 REVIEWS OP THE SECOND EDITION: 
 
 '" It will, however, be a valuable boofc of refer- 
 ence for any lawyer desiring to look up a point 
 connected with the rights and duties of a ship- 
 master or a seaman— the list of cases" cited covers 
 nearly seventy pages — while any shipmaster, ship- 
 agent or consul who masters this edition" will "be 
 ^well posted up. . . -. . We fcope this' new 
 {Edition will be >quickly appareciated, for the 
 
 Editors have carried out an arduous task carefully 
 and well." — Laiv yournai, April, 1894. 
 
 "it has had practical and expert knowledge 
 brought to bear upon it, while the case law is 
 brought down to a very late date. Considerable 
 improvement has been -made in the index." — Law 
 Timei, April, 1894. ■ , ■ - 
 
 In royal 8vo, price loj. 6d., cloth, 
 
 THE MERCHANT SHIPPING ACT, 1894; 
 
 With the Rules of Court made thereunder. Being a Supplement to KAY'S LAW 
 RELATING. TO SHIPMASTERS AND SEAMEN. To which are added the 
 (proposed) Regulations for Preventing Collisions at Sea. With Notes By Hon T 
 W. Mansfield, M.A., and G. W. Duncan, B.A., of the Inner Temple, Barristers- 
 
 at-Law. Digitized by Microsoft® 
 
18 
 
 S7 EVENS <V HAYNES, BELL YARD, TEMPLE BAR. 
 
 Fourth Edition, in royal 8vo, price 40J., cloth, 
 
 THE JUDGMENTS, ORDERS, AND PRACTICE OF 
 THE SUPREME COURT, 
 
 CHIEFLY in RESPECT to ACTIONS ASSIGNED to the CHANCERY DIVISION, 
 
 By LOFTUS LEIGH PEMBERTON, 
 
 One ol" the registrars of the Supreme Court of Judicature ; and Author of " The Practice 
 
 in Equity by way of Revivor and Supplement. " 
 
 ' ' The work under notice ought to be of considerable service to the profession The forins 
 
 throughout the work — and they are the most important element in it — appear to us to be accurate, and of 
 the most approved type. This fact alone will commend the new edition to practitioners in the Chancery 
 Division. There is a useful table of the Lord Chancellors arid Judges at the beginning of the book, and a 
 very full index concludes it." — Lwiv Times. 
 
 In demy i2mo, price 5j-., 
 
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 SAVINGS BANKS (1863—1891), together with the Treasury Regu- 
 lations (1888 — 1889), and the Scheme for the Appointment of the Inspection 
 Committee of Trustee Savings Banks. By Urquhart A. Fokbes, of Lincoln's 
 Ir.n, Esq., Barrister-at-Law, Author of " The Law Relating to Savings Banks ;" 
 the "Law of Savings Banks since 1878;" and joint Author of "The Law 
 Relating to Water. " 
 
 In demy i2mo, price ts., cloth; 
 
 THE LAW OF SAVINGS BANKS SINCE 1878; 
 
 With a Digest of Decisions made by the Chief Registrar and Assistant Registrars of 
 Friendly Societies from 1878 to 1882, being a Supplement to the La-yv' relating to 
 Trustee and Post Office Savings Banks. 
 
 By U. a. FORBES, of Lincoln's Inn, Barrister-at-Law. 
 * ^* The comfUte work can be had, price loj. dd., cloth. 
 
 In 8vo, price 15^., cloth, 
 THE LAW AND PRACTICE RELATING TO 
 
 T-HE ADMINISTRATION OF DECEASED PERSONS 
 
 BY THE CH.4NCERY DIVISION OF THE HIGH COURT OF JUSTICE; 
 WITH AN ADDENDA giving the alterations effected by the NEW BULBS of 1883, 
 
 And an APPENDIX OF ORDERS AND FORMS, Annotated by 
 References to the Text. 
 
 By W. GREGORY WALKER and EDGAR J. ELGOOD, 
 
 OF Lincoln's inn, barristers-at-law. 
 
 "In this volume the most important branch of 
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 sion is treated with conciseness and care. Judging 
 from the admirable clearness of expression which 
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 sentative .... Useful chapters are introduced 
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 tration actions,' To the last -mentioned chapter we 
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 the reports, and a fairly good index, much increase 
 the utility of the -viotV" -Solicitor^ y.ourtiaL 
 
 In Foolscap 8vo, superfine paper, bound in Vellum, price 3j. dd, net. 
 *^* A liviited number of copies have been printed upon large paper, price 7r. dd. net. 
 
 SCINTILLAE JURIS. 
 
 CHARLES J. DARLING, Q.C, M.P. , With a Frontispiece and Colophon by 
 Frank Lockwood, Q.C, M.P. Fourth Edition (Enlarged). 
 
 " 'Scintillae Juris' is, that little bundle of humorous essays on law and cognate matters which) since the 
 dayof its first ajjpearance, some years ago, has been the .delight of legal circles. ... It has a quality 
 of style which suggests much study of Bacon in his ligHter vein. Its best essays would not be unworthy of 
 the Essays, and if read out, one by one, before a blindfoldeci connoisseur, might often be assigheii to that 
 wonderful ho6k."-J)aily Ne^vs . Dj pjtjzed by MJCrOSOft® 
 
STEVENS <&- ffAYNES, BELL YAUD, TEMPLE BAR. M 
 
 In 8vo, price ., cloth, 
 
 THE LAW SPECIALLY RELATING TO 
 
 TRAMWAYS AND LIGHT RAILWAYS: 
 
 AND CONTAINING 
 
 THE TRAMWAYS ACT, 1870, and the BOARD OF TRADE RULES AND REGULATIONS 
 
 RELATING TO TRAMWAYS, WITH NOTES; and the LIGHT RAILWAYS 
 
 ACT, 1896, AND THE BOARD OF TRADE RULES AND REGULATIONS 
 
 RELATING TO LIGHT RAILWAYS, WITH. NOTES ; 
 
 AND A FULL COLLECTION OF PRECEDENTS. 
 
 By SEWARD BRICE, M.A., LL.D., London, 
 
 ONE OF HER MAJESTY'S COUNSEL, 
 
 Author of'^A Treatise 07i the Doctrine of Ultra Vires," &^c, 
 
 Second Edition, in 8vOj price 25J., cloth, 
 THE PRINCIPLES OF 
 
 THE LAW OF RATING OF HEREDITAMENTS 
 
 IN THE OCCUPATION OF COMPANIES. 
 By J. H. BALFOUR BROWNE, 
 
 OF THE MIDDLE TEMPLE, Q.C., 
 
 And D. N. McNAUGHTON, of the Middle Temple, Barrister-at-Law. 
 
 that such a work is much needed, and we are sure 
 
 "The tables and specimen valuations which are 
 piloted in an appendix to this volume will be of 
 great service to the parish' authorities, and to the 
 legal practitioners who may have to deal with the 
 ratan^ of- those properties which are in the occupa- 
 tion' G^ Companies, and we congratulate Mr. Browne 
 on the production of a clear and concise book of 
 the system of Company Rating. There is no doubt 
 
 that all those who are interested in, or have to do 
 with, public rating,' will find it of great service. 
 Much credit is therefore due to Mr. Browne for his 
 able treatise — a work which his experience as 
 Registrar of the Railway Commission peculiarly 
 qualified him to undertake." — Law Magazine. 
 
 In 8vo, 1875, P^i'^^ 7-^' 6^* J cloth, 
 
 THE LAW OF USAGES & CUSTOMS : 
 
 % |rattixHl f afa Eract. 
 By J. H. BALFOUR BROWNE, 
 
 OF THE MIDDLE TEMPLE, Q.C. 
 
 "We look upon this treatise as a valuable addition to works written on the Science of Law.'' — Canada 
 Law youmal. 
 
 "As a tract upon a very troublesome department of Law it is admirable — the principles laid down are 
 sound, the illustrations are well chosen, and the decisions and dicta are harmonised so far as possible and 
 distinguished when necessary." — Irish Law Times, 
 
 "As a book of reference we know of none so comprehensive dealing with this particular branch of 
 Common Law In this way the book is invaluable to the practitioner." — Law Magazine. 
 
 In one volume, Svo, 1875, price i8j,, cloth, 
 
 THE PRACTICE BEFORE THE RAILWAY COMMISSIONERS 
 
 UNDER THE REGULATION OF RAILWAY ACTS, 1873 & 1874; 
 With the Amended General Orders of the Commissioners, Schedule of Forms, and Table 
 of Fees : together with the Law of Undue Preference, the Law of the Jurisdiction 
 of the Railway Commissioners, Notes of their Decisions and Orders, Precedents of 
 Forms of Applications, Answers and Replies, and Appendices of Statutes and Cases 
 
 By J. H. BALFOUR BROWNE, 
 
 OF THE MIDDLE TEMPLE, Q.C. 
 
 In 8vo, 1876, price ^s. (>d., cloth, 
 
 ON THE COMPULSORY PURCHASE OF THE UNDERTAKINGS 
 OF COMPANIES BY CORPORATIONS, 
 
 D 2 
 
20 STEVENS 6- HAYNES, BELL YARD, TEMPLE BAR. 
 
 Second Edition, in crown 8vo, price I2s. i>d., cloth. 
 
 THE LAW OF EVIDENCE, 
 
 By S. L. PHIPSON, M.A., of the Inner 'Temple, B arris ter-at- La: w. 
 
 " This is a very compendious and accurate volume on a subject which we fear is not_ studied as much as 
 it should be. The arrangement is excellent, illustrations and examples being given in parallel columns, 
 lis success is thoroughly justified."— Z«w Times. 
 
 " The work is compact yet reasonably full, and the rules of law are accompanied by a large number of 
 well-rhosen illustrations. The book is somewhat longer, than its predecessor, the text being .amplified, the 
 index enlarged, and the number of cases cited considerably increased." — Law Journal. 
 
 '■ This second edition of Mr. Phipson's work seems to have been brought down to date with great care, 
 
 and to have the English and Irish cases carefully collated The author's mode of contrasting 
 
 in parallel columns the decisions for or against a particular question, or drawing nice distinctions, can 
 hardly be excelled. The author seems to have succeeded in producing a book handy in size, easy of 
 reference, and replete with information." — Irish Laiv Times. 
 
 -_-— — In 8vo, price 5^., cloth, 
 
 THEORIES AND CRITICISMS OF SIR HENRY MAINE. 
 
 By morgan O. EVANS, Barrister-at-Law, 
 
 Contained in his six works, "Ancient Law," "Early Law and Customs," "Early 
 History of Institutions," "Village Communities," "International Law," and 
 "Popular Government," which works have to be studied for the various examina- 
 tions. 
 
 In 8vo, 1872, price Ts. 6d., cloth, 
 AN EPITOME AND ANALYSIS OF 
 
 SAYIGNY'S TREATISE ON OBLIGATIONS IN ROMAN LAW. 
 
 By ARCHIBALD BROWN, M.A. 
 
 EDIN. AND OXON., AND B.C.L. OXON. OF THE MIDDLE TEMPLE, BARRISTER- AT- LAW. 
 
 " Mr. Archibald Brown deserves the thanks the French translation consisting of two volumes, 
 of all interested in the science of Law, whether | with some five hundred pages apiece, as compared 
 
 with Mr. Brown's thin volume of a hundred and 
 fifty pages. At the same time the pith of Von 
 Savigny's matter seems to be very successfully pre- 
 served, nothing which might be useful to the 
 English reader being apparently omitted." — Laiv 
 Journal. 
 
 as a study or a practice, for his edition of 
 Herr von Savigny's "great work on ' Obligations.' 
 Mr. Brown has undertaken a double task — the 
 translation of his author, and the analysis of his 
 author's matter. That he has succeeded in reducing 
 the bulk of the original will be seen at a glance ; 
 
 THE ELEMENTS OF ROMAN LAW. 
 
 Second Edition, in crown 8vo, price 6j., cloth, 
 A CONCISE DIGEST OF THE 
 
 INSTITUTES OF GAIUS AND JUSTINIAN. 
 
 ]Vith copious References arranged in Parallel Columns, also Chronological and 
 
 Analytical Tables, Lists of Laws, i^c. S^c. 
 
 Primarily designed for the Use of Students preparing for Examination at 
 
 Oxford, Cambridge, and the Inns of Court. 
 
 By SEYMOUR F. HARRIS, B.C.L., M.A., 
 
 WORCESTER COLLEGE, OXFORD, AND THE INNER TEMPLE, BARRISTER- AT-LAW : 
 AUTHOR OK "UNIVERSITIES AND LEGAL EDUCATION." 
 
 " This book contains a summary in English of the elements of Roman Law as contained 
 iti the works of Gains and Justinian, and is so arranged that the reader can at once set 
 what are the opinions of either of these tiuo writers on each point. From the very exact 
 and accurate references to titles and sections given he can at once refer to the original 
 writers; The concise vianner in which Mr. Harris has arranged his digest will t^ender 
 it most useful, not only to the students for whom it was originally written, but also to those 
 persons who, though they have not the time to wade through the larger treatises of Poste, 
 .Sanders, Ortolan, and others, yet desire to obtain sonu knowledge of Ronmn Law." — 
 Oxford and CAMBRiDG£)l£Mffie6fc0j^u/lffle«lOpfift®AL. 
 
WORKS FOR LAIV STUDENTS. 21 
 
 Fifth Edition, in crown 8vo, price iSj., cloth, 
 
 ENGLISH CONSTITOTIONAL HISTORY: 
 
 FROM THE TF.VTONIC INVASION TO THE PRESENT TIME. 
 
 gesifliiei as a 'Eext-iook for ^Stubiitts anii otitew. 
 
 By T. p. TASWELL-LANGMEAD, B.C.L., 
 
 OF LIN INN, BARRISTER-AT-LAW, FORMERLY VINERIAN SCHOLAR IN THE UNIVERSITY 
 
 AND LATE PROFESSOR OF CONSTITUTIONAL LAW AND HISTORY, 
 
 UNIVERSITY COLLEGE, LONDON. 
 
 Fifth Edition, Revised throughout, with Notes, 
 By Philip A. Ashworth, 
 
 BARRISTER-AT-LAW ; TRANSLATOR OF GNEISt's "HISTORY OF THE ENGLISH CONSTITUTION." 
 
 "_We heartily commend this valuable book to the study of all, whether Conservative or Liberal in 
 politics, who desire to take an intelligent part in .public life." — The New Saturday. 
 
 _" ' Taswell-Langmead ' has long been popular with candidates for examination in Constitutional 
 History, and the present edition should render it even, more so. It is now, in our opinion, the ideal 
 students' book upon the subject." — Laiv Notes. 
 
 "Mr.. Carmichael has performed his allotted task with credit to himself, and the higli' standard of 
 excellence attained by Taswell-Langmead's treatise is worthily maintained. This, the third edition, will 
 be found as useful as its predecessors to the large class of readers and students who seek in its pages 
 accurate knowledge of the history of the constitution." — Law Times. 
 
 "To the student of constitutional law this work will be, invaluable. .... The book is remarkable, 
 for the raciness and vigour of its style. The editorial contributions of Mr. Carmichael are judicious, and 
 add much to the value of the work." — Scottish Law Review. 
 
 "The work will continue to hold the field as the best class-book on the sxxVytiCt."— Contemporary Review. 
 
 "The book is well known as an admirable introduction to the study of constitutional law for students at 
 law. . ,. ; . Mr. Carmichael appears to have done the work of editing, made necessary by the death 
 of Mr. Taswell-Langmead, with care and judgment." — Law yountai. 
 
 " The work before us it would be hardly possible to praise too highly. In style, arrangement, clearness, 
 and size, it would be difficult to find anything better on the real history of England, tlie histbrt of its 
 constittitional growth as a complete storjr, than this volume." — Boston '{&.S:) Literary World. '' - 
 
 "As it now stands, we should find it hard to name a better text-book on English Constitutional 
 'H\'sX.OTy"~;-Solicitors* youmal. 
 
 ]' Mr. Taswell-Iiangmead's compendium of the rise and development of the English Constitution has 
 
 evidently supi)lied a want The present Edition is greatly improved. . . . We have no hesitation in 
 
 sayingthat it is a thoroughly ,good and useful work." — Spectator. 
 
 "It is a safe, careful,, praiseworthy digest and manual of all constitutional history and \2Cfi."^Globe. 
 
 "The volume on English Constitutional History, by Mr, Taswell-Langmead, is exactly what such a 
 history should.be." — Standard. 
 
 "Mr. Taswell-Langmead has thoroughly grasped the bearings of his subject. It is, however, n dealing 
 with that chief subject of constitutional history — parliamentary government — that the work exhibits \X.% 
 great superiority over its rivals." — Academy. 
 
 Second Edition, in 8vo, price 6j., cloth, 
 
 HANDBOOK TO THE INTERMEDIATE AND 
 FINAL LLB. OF LONDON UNIVERSITY : 
 
 (PASS AND HONOURS), 
 
 Including A COMPLETE SUMMARY OF "AUSTIN'S JURISPRUDENCE," 
 AND THE EXAMINATION PAPERS of LATE YEARS in ALL BRANCHES. 
 
 By a B.A., LL.B. (Lond.). 
 In crown 8vo, price 3/. ; or Interleaved for Notes, price 45., 
 
 CONTRACT LAW. 
 
 QUESTIONS ON THE LAW OF CONTRACTS. With Notes to the 
 Answers. Founded on "Anson," " Chitty," and "Pollock." 
 
 By Philip FosTRRDigitf2&d^fMicfifStM®Col\ege and Gray's Inn. 
 
22 1V0R/CS FOR LAW STUDENTS. 
 
 Twelfth Edition, in 8vo, price 2\s., cloth, 
 
 THE PRINCIPLES OF EQUITY. 
 
 INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. 
 By EDMUND H. T. SNELL, 
 
 OF THR MIDDLE TBMPLK, BARRISTER-AT-LAW. 
 
 TWELFTH EDITION. 
 By ARCHIBALD BROWN, M.A. Edin, & Oxon., & B.C.L. Oxon., 
 
 OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF "a NEW LAW DICTIONARY," 
 "an ANALYSIS OF SAVIGNV ON OBLIGATIONS," AND THE " LAW OF FIXTURES." 
 
 REVIEWS. 
 
 "The Twelfth Edition of this work will be welcomed. . . . The book is now a standard work on the 
 ' Principles of Equity,' and we suppose that very few aspirants for the Bar and the Rolls present them- 
 selves for examination without reading the book more than once. . . There is no book on Eq^uity 
 which can come near ' Snell.' "—Laiv Notes. 
 
 *' ' Snell ' remains, as it has been for a generation, the indisputable introduction to the study of Equity." 
 — Oxford Magazine. 
 
 "The fact that ' Snell's Principles of Equity ' has reached the Twelfth Edition is in itself suffideat 
 to show the warm approval of the profession. It is a wonderful compendium of Equity Principles, so 
 arranged as to lead the reader steadily on from simpler to more abstruse questions ; and is most useful, 
 not only lo the student, but also to the barrister in his every dav work."— /wA Law Titiies. 
 
 "The student who has mastered 'Snell' will know as much about Equity as most practitioners, and 
 more than some. . . , This edition appears to have been brought well up to date. It is, moreover, 
 furnished with an excellent index. This is fortunate, as ' Snell holds the field as a treatise on Equity." 
 — La-w yournal. 
 
 " This is the Eighth Edition of this student's text-book which the present editor has brought out. . . . 
 the book is a good introduction to Equity, and is additionally useful by haying, a full index." — Solicitors' 
 yournal. 
 
 "Whether to the beginner in the study of the principles of Equity, or to the practising lawyer in the 
 hurry of work, it can be unhesitatingly recommended as a standard and invaluable treatise." — Cambridge 
 Review. 
 
 " This is now unquestionably the standard book on Equity lor students." — Saturday Review. 
 
 ** We know, of no better introduction to the Principles of Equity.^ — 
 Canada Law Journal. 
 
 Sixth Edition, in 8vo, price 6^., cloth, 
 
 AN ANALYSIS OF SNELL'S PRINCIPLES OF 
 
 EQUITY. Founded ON THE Twelfth Edition. With Notes thereon. 
 _By E. E. Blyth, LL.D., Solicitor. 
 
 " Mr. Blyth's book will undoubtedly be very useful to readers of Snell." — Law Times. 
 " This is an admirable analysis of a good treatise ; read with Snell, this little book will be found very 
 profitable lo the student." — Law lournaL 
 
 In 8vo, price 2j., sewed, 
 
 QUESTIONS ON EQUITY. 
 
 FOR STUDENTS PREPARING FOR EXAMINATION. 
 
 FOUNDED ON THE NINTH EDITION OF 
 
 SNELL'S "PRINCIPLES OF EQUITY." 
 By W T WAITE^ 
 
 BARRISTEK AT-LAW, Hftt^SgitferAt Vf ■JM'-llSflVbMkm'E SOCIETY OF GRAV'S IKN. 
 
WORJCS FOR LAW STUDEJVTS. 23 
 
 Second Edition, in one volume, 8vo, price i8s., cloth, 
 
 PRINCIPLES OF CONVEYANCING. 
 
 AN ELEMENTARY WORK. FOR THE USE OF STUDENTS, • . . 
 By henry C. DEANE, 
 
 OF Lincoln's inn, barrister-at-law, sometime lecturer to the incorporated law society 
 
 OF THE UNITED KINGDOM. 
 
 " W; hope to see this book, like SnelVs Equity y a standard class-book in all Law Schools 
 where English law is taught" — CANADA Law Journal. 
 
 " We like the worlc, it is well written and is an 
 excellent student's book, and being onl^ }ust pub- 
 lished, it has the great advantage of having in it all 
 the recent important enactments relating toconvey< 
 ancing. It possesses also an excellent index." — 
 L,aw Students' yourtutl, 
 
 " Will be found of great use to students entering 
 npan the difficulties of Real Property Law. It has 
 an unusually exhaustive index covering some fifty 
 pages." — Zmw Tifnes. 
 
 " In the parts which have been re-written, Mr. 
 Deane has preserved the same'pleasant style marked 
 by simplicity and lucidity which distinguished his 
 first edition. After* Williams pn Real Property/ 
 there is no book which we should so strongly 
 recommend to the student enteriftg upon Real Pro- 
 perty Law as Mr. Deane's ' Principles of Convey- 
 ancing,' and the high character which the first 
 edition attained has been fully kept up in this 
 second." — Law Jourtial. 
 
 Fourth Edition, in 8vo, price loj., cloth, 
 A SUMMARY OF THE 
 
 LAW & PRACTICE IN ADMIRALTY. 
 
 FOR THE USE OF STUDENTS. 
 By EUSTACE SMITH, 
 
 OF THE INNER TEMPLE; AUTHOR OF "A SUMMARY OF COMPANY LAW." 
 
 **The book is well arranged, and forms a good introduction to the subject." — Solicitors' JournaL 
 
 " It is, however, in our opinion, a well and carefully written little work, and should be in the hands of 
 
 every student who is taking up Admiralty Law at the Final." — Law Student^ Journal. 
 
 " Mr. Smith has a happy knack of compressing a! large amount of useful matter in a small compass. The 
 
 pcesent work will doubtless be received with satisfaction equal to that with which his previous ' Summary ' 
 
 has twen met."^ — Oxford and Cambridge Uttdergraduates' "yottrtial. 
 
 Fourth Edition, in 8vo, price 8j., cloth, 
 A SUMMARY OF THE 
 
 LAW AND PRACTICE IN THE ECCLESIASTICAL COURTS. 
 
 FOR THE. USE OF STUDENTS. 
 By EUSTACE SMITH, 
 
 THE INNER TEMPLE; AUTHOR OF "A SUMMARY OF COMPANY LAW " AND "A SUMMARY OF 
 
 THE LAW AND PRACTICE IN ADMIRALTY." 
 
 " His object has been, as he tells us in his preface, to give the student and general reader a fair outline 
 of the scope and extent of ecclesiastical law, of the principles on which it is founded, of the Courts by' 
 which it is enforced, and ■ the procedure by Vifhich these Courts are regulated. -We think:,thpi:book,"weU, 
 fulfils its object. Its value is much enhanced by a profuse citation of, authorities for the propositions 
 contained in it." — Bar Examination Journal. 
 
 Fourth Edition, in 8vo, price 7j. ^d., cloth, 
 
 AN EPITOME OF THE LAWS OF PROBATE AND DIVORCE, 
 
 FOR THE USE OF STUDENTS FOR HONOURS EXAMINATION. 
 By J. CARTER HARRISON, Solicitor. . 
 
 " The work is considerably '"hlet^^^ft)'^^ji^JQf^^ffff^ "'" *" '"'""' °' ^'^^ assi>!tanse to 
 
24 WORKS FOR LAW STUDENTS. 
 
 Eighth Edition. In one volume, 8vo, price 2oj. cloth, 
 
 PRINCIPLES OF THE COMMON LAW. 
 
 INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. 
 EIGHTH EDITION. 
 
 By JOHN INDERMAUR, Solicitor, 
 
 AUTHOR OF "a MANUAL OF THE PRACTICE OF THE SUPREME CQDRT,." 
 " EPITOMES OF LEADING CASES," AND OTHER WORKS. 
 
 "The Student will find in Mr. Indermaur's book a safe and clear guide to the Prin- 
 ciples of Common Law." — Law Journal, 1892. 
 
 "The present edition of this elementary treatise has been in general edited with praise- 
 worthy care. The provisions of the statutes affecting the subjects discussed, which have 
 been passed since the publication of the^last edition, are clearly suihmariseiJ, and the effect 
 of the leading cases is generally very well given. In the difficult task, of selecting and 
 distinguishing principle from detail, Mr. Indermaur has been very successful ; the leading 
 principles are clearly brought' out, and very judiciously illustrated."— Solicitors' yourual. 
 
 "The work is acknowledged to be one of the best written and most useful elementary 
 works for Law Students that has been published." — Law Times. 
 
 " The praise which we were enabled to bestow upon Mr. Indermaur's very useful com- 
 pilation on its first appearance has been justified by a demand for a second edition." — 
 Law Magazine, 
 
 "We were able, four years ago, to praise the first edition of Mr. Indermaur's book as 
 likely to be of use to students in acquiring the eleinents of the law of torts and contracts. 
 The second edition maintains the character of the hook."^Law Journal. 
 
 "Mr. Indermaur renders even law light reading. He not only possesses the faculty 
 of judicious selection, but of lucid exposition and felicitous illustration. And whfle his 
 works are all thus characterised, his ' Principles of the Common Law ' especially displays 
 those features. That it has already reached a second edition, testifies that our estimate of 
 the work on its first appearance was not unduly favourable, highly as we then signified 
 approval ; nor needs it that we should add anything to that estimate in reference to the 
 general scope and execution of the work. It only remains to say, that the present edition 
 evinces that every care has been taken to insure thorough accuracy, while inchiding all 
 the modifications in the law that have taken place since the original publication j and that 
 the references to the Irish decisions which have been now introduced are Calculated to | 
 render the work of greater utility to practitioners and students, both English and Irish." 
 — Irish Law Times. 
 
 " This work, the author tells us in his Preface, is written mainly with apiew to the 
 
 xaminations of the Incorporated Law Society ; but we think it is likely to attain a wider 
 
 usefulness. It seems, so far as we can judge from the parts we have examined, to^ be a 
 
 careful and clear outline of the principles of the common law. It is very readable ; and 
 
 not only students, but many practitioners and the public, might benefit by a perusal of its 
 
 /«iis.. "-SOLICITORS' ]ouRi0fgjfJ2Q^ [jy Mlcrosoft® 
 
WORKS FOR LAW STUDENTS. 25 
 
 Seventh Edition, in 8vo, price 14^-., cloth, 
 
 I MMDAL OF THE PRACTICE OF THE SUPREME COURT OF JUDICATURE, 
 
 IN THE QUEEN'S BENCH AND. CHANCERY DIVISIONS. 
 Seventh Edition. 
 Intended for the use. of Students and the Profession. 
 By John Indermaur, Solicitor, 
 "Mr. Indermaur has brought out a sixth edition of his excellent ' Manual of Practice' at a very 
 opportune time, for he has been able to incorporate the effect of the new Rules of- Court which came into 
 force last November, the Tirustee Act, 1893, and Rules, and the Supreme Court Fund Rules, 1893, as 
 well as that of other Acts of earlier date. A very complete revision of the worlc has, of course, been 
 necessary, and Mr. Indermaur, assisted by Mr. Thwaites, has 'effected this with his usual thoroughness 
 , and careful attention to details. The book is well known and valued by students, but practitioners also 
 find it handy in many cases where reference to the bulkier ' White Book ' is unnecessary." — Law Titnes, 
 Febntary^ 1894. 
 
 " This well-known students' book may very well be consulted by practitioners, as it contains a, considerable 
 amount of reliable information on the practice of the Court. It is written so as to include the new Rules, 
 and a supplemental note deals with the alterations made in Rule XI. by the Judges in January last. The 
 praise which we gave to previous editions is quite due to the present issue. "^ — Law Jouriial, February, 1894. 
 
 Eighth Edition, in 8vo, price 6s., cloth, 
 
 AN EPITOME OF LEADING COMMON LAW CASES; 
 
 WITH SOME SHORT NOTES THEREON. 
 Chiefly intended as a Guide to " Smith's Leading Cases." By John Indermaur, 
 
 Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872). 
 "We have received the third edition of the ,' Epitome of Leading Common Law Cases,' by Mr. Inder- 
 maur, Solicitor. The first edition of this work was published in February, 187^, the second in April, 187.4; 
 and now we have a third edition dated September, 1875. No better proof of the value of this book can be 
 furnished than the fact that in less than three years it has reached, a third edition." — Lcvw yountal. 
 
 Eighth Edition, in 8vo, price 6j., cloth, 
 
 AN EPITOME OF LEADING CONVEYANCING AND EQUITY CASES; 
 
 WITH SOME SHORT NOTES THEREON, FOR THE USE OF STUDENTS. 
 By John Indermaur, Solicitor, Author of " An Epitome of Leading 
 Common Lavir Cases. " 
 V We have received the s«:ondi edition of Mr. Indermaur's very useful Epitome of Leading Convey, 
 ancing and Equity Cases. 'Tne work is very well done." — LaivTivtes,- 
 
 "The Epitome well deserves the continued patronage of the class — Students — for whom it is especially 
 intended. Mr. Indermaur will soon be known as the Students' Friend.' " — Canada Law Jourjial. 
 
 Sixth Edition, 8vo, price 6^. , cloth, 
 
 THE ARTICLED CLERK'S GUIDE TO AND 
 SELF-PREPARATION. FOR THE FINAL EXAMINATION. 
 
 Containing a Complete Course of Study, with Books to Read, List of Statutes, Cases, 
 "^^ Test ■ Questions, &c.,, and intended for the use of those Articled Clerks who read 
 by themselves." By John Indermaur, Solicitor. 
 
 *'In this edition Mr. In<iennaur extends his counsels to the whole period from the Intermediate 
 examination to the Final. His advice is practical and sensible : and if the course of study he recommends 
 is intelligently followed, the art;cled clerk will have laid in a store of legal knowledge more than sufficient 
 to carry nim through the Final Examination." — Solicitors' Journal. 
 
 Now ready, Fifth Edition, in 8vo, price lo^., cloth, 
 
 THE ARTICLED CLERK'S GUIDE TO AND SELF- 
 PREPARATION FOR THE INTERMEDIATE EXAMINATION, 
 
 As it now exists on Stephen's Commentaries. Containing a complete course of Study, 
 with Statutes, Questions, and Adyice. Also a cqfmplete Selected Digest of the 
 whole of the Questions and Answers set at the Examinations on those parts of 
 " Stephen " now examined on, embracing a period of fourteen and a half years 
 (58 Examinations), inclusive of 'the Examination in April, 1894, c&c. &c,, and 
 intended for ihef^.fise ' of all Articled Clerks who have not yet passed the Inter- 
 mediate Examination. BywJoHN Indermaur, Author of " Principles of Com- 
 mon Law, " and other works. 
 
 In 8vo, 1875, price 6s., cloth, 
 
 THE STUDENTS' GUIDE TO THE JUDICATURE ACTS, 
 
 AND THE RULES THEREUNDER: 
 Being a book of Questijejj^jlj^Arswe'F intended Jpr the use of Law Students. 
 
 ^Sl)E AM A UK, SdShcitor. 
 
26 WORKS FOR LA W STUDE,\ TS. 
 
 In Demy 8vo, cloth gilt, pp. 600, price gj. net, 
 
 THE LAW OF TORTS, 
 
 ARRANGED ON THE PRINCIPLES OF THE ENGLISH COMMON LAW, 
 AND OF THE INDIAN CASE LAW. 
 
 By RATANLAL RANCHHODDAS, B.A., LL.B., 
 
 PLEADER, HIGH COURT. 
 
 The Right Hon. lord Herschell, Ex-Lord High Chancellor ot England :— 
 ' Wherever I have tested it, the statements of law appear accurate and clear. " 
 
 The Right Hon. Lord Russell of JCilloiven, Lord Chief Justice of England : — " It 
 f eems to me to be carefully done and to be well arranged. 
 
 The Right Hon. Lord Davey, of Her Majesty's Privy Council :— " I have pleasure 
 in saying that it appears to me to be well arranged and carefully done, and I have no 
 doubt that it will prove useful both to the student and to the practitioner." 
 
 The Hon. Mr. Justice Parsons, of the Bombay High Court : — " I am sure the book ' 
 will prove most useful to all who wish to acquire a knowledge of this subject, and from 
 the great pains you have evidently bestowed upon it, it seems quite entitled to rank as 
 the text-book of the subject in India." 
 
 The Hon. Mr. Justice P. C. Chatterjee, of the Panjab Chief Court ;— " It is a work 
 of considerable originality and merit, I believe the general accuracy of your book is 
 beyond question." 
 
 Fifth Edition, in crown 8vo, price I2J. 6d,, cloth, 
 
 AN EPITOME OF CONVEYANCING STATUTES, 
 
 Extending from 13 Edw. I, to the End of 55 & 56 Victori,«. Fifth 
 Edition, with Short Notes. By George Nichols Marcy, of Lincoln's Inn, 
 Barrister-at- Law, 
 
 Second Edition, in 8vo, 
 
 A NEW LAW DICTIONARY, AND INSTITUTE 
 
 OF THE WHOLE LAW; Embracing French and Latin Terms and References 
 to the Authorities, Cases, and Statutes. Second Edition, revised throughout, and 
 considerably enlarged. By Archibald Brown, M.A. Edin. and Oxon., and 
 B.C.L., Oxon,, Barristei-at-Law ; Author of the "Law of Fixtures," etc. 
 
 In royal 8vo, price 5^., cloth, 
 
 ANALYTICAL TABLES 
 
 THE LAW OF REAL PROPERTY; 
 
 Drawn up chiefly from STEPHEN'S BLACKSTONE, with Notes. 
 By C. J. TARRING, of the Inner Temple, Barrister-at-Law. 
 
 ■* Great care and considerable skill have been shown in the compilation of these tables, which will be 
 found of much service to ='"<l='"|3MlW^gtf Wfte^ll/figm'Sh''/?^'"' Times. 
 
WORKS FOR LAW STUDENTS. 27 
 
 Seventh Edition, in 8vo, price 20J., cloth, 
 
 PRINCIPLES OF THE CRIMINAL LAW. 
 
 INTENDED AS A LUCID EXPOSITION OF THE SUBJECT FOR 
 THE USE OF STUDENTS AND THE PROFESSION. 
 
 By SEYMOUR F. HARRIS, B.C.L., M.A. (Oxon.), 
 
 AUTHOR OF '*A CONCISE DIGEST OF THE INSTITUTES OF GAIUS AND JUSTINIAN." 
 
 SEVENTH EDITION. 
 By C. L. ATTENBOROUGH, of the Inner Temple, Barrister- at -Law. 
 
 REVIEWS. 
 
 " Messrs. Stevens & Haynes have just issued the Seventh Edition of their well known text-book, 
 * Harris's Principles of the Criminal Law.' For the present edition Mr. Charles L. Attenborough, 
 of the Inner Temple, Barrlster-at-Law, is responsible. He has brought the work up to date, and 
 ensured for it a further career of usefulness as the leading student's text-book upon the Criminal 
 Law," — Law Times. 
 
 "This work is, pretty well known as one designed for the student who is preparing for examination, 
 and for the help of young practitioners. Among articled clerks it has long enjoyed a popularity which 
 is not likely to be interfered with. . . . We have been carefully through the new edition and can 
 cordially commend it." — Laiv Student's JournaL 
 
 "The book must be good, and must meet a demand, and Harris's Criminal Law remains as it has 
 always been, an excellent work for obtaining that kind of theoretical knowledge of the criminal, law 
 which is so useful at the University Examinations of Oxford and Cambridge." — Law Notes. 
 
 ■ '" The characteristic of the present Edition is the restoration to the book of the character of ' a concise 
 exposition ' proclaimed by the title-page. Mr. Attenborough has carefully pruned away the excrescences 
 which had arisen in successive editions, and has improved the work both as ree^ards terseness and clearness 
 of exposition. In both respects it is now an excellent student's hook. The text is very well broken up 
 into headings and paragraphs, with short marginal notes — the importance of which, for the convenience 
 of the student, is too often overlooked." — Solicitors' youmai._ 
 
 " The favourable opinion we expressed of the first edition of this work appears to have 
 deen justified by the reception it has met with. Looking through this new Edition, we see 
 no reason to modify the praise we bestowed on the former Edition. The recent cases have 
 been added and the provisions of the Summary Jurisdiction Act are noticed in the chapter 
 relating to Summary Convictions. The book is one of the best manuals of Criminal Law 
 for the student.'*'' — Solicitors' Journal. 
 
 ** There is no lack of Works on Criminal Law, but there was room for such a useful 
 handbook of Principles as Mr. Seymour Harris has supplied. Accustomed, by his previous 
 labours, to the task of analysing the law, Mr, Harris has brought to bear upon his present 
 work qualifications well adapted to secure the successful accomplishment of the object which 
 he had set before him. That object is not an afnbiiious one, for it does not pretend, to soar 
 above utility to the young practitioner and the student. For both these classes, and for the 
 yet wider flass who may 7-equire a book of reference on the subject, Mr. Harris has produced 
 a clear and convenient Epito7ne of the Law.'" — Law Magazine and Review. 
 
 "This work purports to contain * a concise exposition of the nature of crime, the various offences punish- 
 able by the English law, the law of criminal procedure, and the law of summary convictions,' with' tables 
 of offences, punishments, and statutes. The work is divided into four books. Book I. treats of crime, its 
 divisions and essentials ; of persons capable of committing crimes ; and of principals and accessories; 
 Book II. deals with offences of a public nature ; offences against private persons ; and offences against the 
 property of individuals. Each crime is discussed in its turn, with as much brevity as could well be used 
 consistently with a proper explanation of the le^al characteristics of the several offences. Book III. 
 explains criminal procedure, including the jurisdiction of Courts, and the various steps in the apprehension 
 and trial of criminals from arrest to punishment. This part of the work is extremely well done, the 
 description of the trial being excellent, and thoroughly calculated to impress the mind of the uninitiated. 
 Book IV. contairis a short sketch of ' summary convictions before magistrates out of quarter sessions.' The 
 table of offences at the end of the vplume is most useful, and ti^e is a very full index. Altogether we 
 must congratulate Mr. Harris onfii^ffverM ine, '—-L.'iL^ 2t'^i'-f,'.(4t® 
 
28 WORKS FOR LAW STUDENTS. 
 
 Second Edition, in crown 8vo, price 5^. 6d,, cloth, 
 
 THE STUDENTS' GUIDE TO BANKRUPTCY; 
 
 Being a Complete Digest' of the Law of Bankruptcy in the shape of Questions and 
 Aiiswers; and comprising all Questions asked at the Sohc'itors' Final Examinations 
 in Bankruptcy since theBankruptcy Act, 1883, and all importarit Decisions since 
 that Act. By John Indermaur, Solicitor, Author of " Principles of Common 
 Law," &c. &c. 
 
 In l2mo, price CfS. td.\ cloth, 
 
 A CONCISE TREATISE ON THE LAW OF BILLS OF SALE, 
 
 FOR THE USE OF LAWYERS, LAW STUDENTS, AND THE PUBLIC. 
 
 Embracing the Acts of 1878 and 1882. Part I. — Of Bills of Sale generally. Part II. — 
 Of the Execution, Attestation, and Registration of Bills of Sale and satisfaction 
 thereof. Part III.— Of the Effects of Bills of Sale as against Creditors. Part IV. 
 — Of Seizing under, and Enforcing Bills of Sale. Appendix, Forms, Acts, &c. 
 By John Indermaur, Solicitor. . 
 
 "The object of the book is thoroughly practical. Those who want to be told exactly what to do and 
 where to go when they are registering a bill of sale Will find the necessary information in this little book." 
 — Lww yourmaL 
 
 Second Edition, in 8vo, price 4^., cloth, 
 
 A COLLECTION OF LATIN MAXIMS & PHRASES. 
 
 LITERALLY TRANSLATED. 
 
 INTENDED FOR THE USE OF STUDENTS FOR ALL LEGAL EXAMINATIONS. 
 
 Second Edition, by J. N. COTTERELL, Solicitor. 
 
 " The book seems admirably adapted as a book of reference for students who come across a Latin maxim 
 in their reading," — Lww Journal. 
 
 In one volume, 8vo, price g^., cloth, 
 
 LEADING STATUTES SUMMARISED, 
 
 FOR THE USE OF STUDENTS. 
 By ERNEST C. THOMAS, 
 
 BACON SCHOLAR OF THE HON. SOCIETY OF GRAY'S INN, LATE SCHOLAR OF TRINITY COLLEGE, OXFORD ; 
 AUTHOR OF '* LEADING CASES IN CONSTITUTIONAL LAW BRIEFLY STATED." 
 
 Second Edition, in Svo, enlarged, price 6j., cloth, 
 
 LEADING CASES IN CONSTITUTIONAL LAW 
 
 Briefly Stated, with Introduction and Notes. 
 By ERNEST C. THOMAS, 
 
 BACON SCHOLAR OF THE HON. SOCIETY OF GRAY's INN, LATE SCHOLAR OF TRINITY COLLEGE, OXFORD. 
 
 _" Mr. E. C. Thomas has put together in a slim octavo a digest of the principal cases illustrating Con- 
 stitutional Law, that is to say, all questions as to the rights or authority of the Cro\vn or persons under it, 
 as regards not merely the constitution and structure given to the governing body, but also the mode in 
 which the sovereign power is to be exercised. In an introductory essay Mr. Thomas gives a veryclear and 
 intelligent surveyof the general functions of the Executive, and the principles by which they are regulated ; 
 and then follows a summary of leading cases.'' — Saturday Reviem. 
 
 " Mr. Thomas gives a sensible introduction and a brief epitome of the familiar leading cases."— Zajv 
 Tirnes. 
 
 In Svo, price %s., cloth, 
 
 AN EPITOME OF HINDU LAW CASES. With 
 
 Short Notes thereon. And Introductory Chapters on Sources of Law, Marriage, 
 Adoption, Partition, and Succession. By William M. P. Coghlan, Bombay 
 Civil Service, late JifilS^^tel9|f#piMe^©B?^/?®i''a- 
 
STEVMNS ar> HAYNES, BELL YARD, TEMPLE BAR. 
 
 29 
 
 Second Edition, in crown 8vo, price I2j. 6(f., cloth, 
 
 THE BANKRUPTCY ACT, 1883, 
 
 With Notes of all the Cases decided under the Act ; 
 The consolidated RULES and FORMS, 1886 ; The Debtors Act, 1869, so 
 
 FAR AS APPLICABLE TO BANKRUPTCY MATTERS, WITH RULES AND FORMS 
 THEREUNDER; THE BiLLS OF SALE ACTS, 1878 AND 1882 ; 
 
 Board of Trade Circulars and Forms, and List of Official Receivers ; Scale of Costs, 
 Fees, and Percentages, 1886 i Orders of the Bankruptcy Judge of the High 
 Court ; and a Copious Index. 
 
 By WILLIAM HAZLITT, ESQ., and RICHARD RINGWOOD, M.A., 
 
 SENIOR REGISTRAR IN BANKRUPTCY, OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW. 
 
 Second Edition, by R. RINGWOOD, M.A., Barrister-at-Law. 
 
 "This is a very handy edition of the Act and Rules The cross references and marginal 
 
 references Co corresponding provisions of the Act of i86g are exceedingly useful There is a very 
 
 full index, and the book is admirably printed." — Solicitors' Journal. 
 
 Part I., price 7^. 6cl., sewed, 
 
 LORD WESTBURY'S DECISIONS IN THE 
 
 EUROPEAN ARBITRATION. Reported by Francis S. Reilly, 
 
 of Lincoln's Inn, Barrister-at-Law. 
 
 Parts I., II., and III., price 25^., sewed, 
 
 LORD CAIRNS'S DECISIONS IN THE ALBERT 
 
 ARBITRATION. Reported by Francis S. Reilly, of Lincoln's Inn, 
 Barrister-at-Law. 
 
 Second Edition, in royal 8vo, price 30^., cloth, 
 A TREATISE ON 
 
 THE STATUTES OF ELIZABETH AGAINST 
 FRAUDULENT CONVEYANCES. 
 
 The Bills of Sale Acts 1878 and 1882 and the LAW OF VOLUNTARY 
 DISPOSITIONS OF PROPERTY. 
 
 By the late H. W. MAY, B.A. (Ch. Ch. Oxford). 
 
 Second Edition, thoroughly revised and enlarged, by S. WORTIIINGTON WORTHINGTON, 
 of the Inner Temple, Barrister-at-Law ; Editor of the " Married Women's 
 Property Acts," 5th edition, by the late J. R. Griffith. 
 
 "Mr. Worthington's work appears to have been 
 conscientious and exhaustive. " — Saturday Review. 
 
 " In conclusion, we can heartily recommend this 
 book to our readers, not only to those who are in 
 large practice, and who merely want a classified 
 list of cases, but to those who have both the desire 
 and the leisure to enter upon a systematic study of 
 our \a.vi."— Solicitors' Journal. 
 
 " As Mr. Worthington points out, since Mr. May 
 wrote, the ' Bills of Sale Acts ' of 1878 and 1882 
 have been passed ; the ' Married Women's Property 
 Act, 1882 ' (makirig settlements by married women 
 void as against creditors in cases in Avhich similar 
 settlements by a man would be void), and the 
 ' Bankruptcy Act, 18B3.' These Acts and the deci- 
 sions-upon them have been handled by Mr. Worth- 
 ington in a manner which shows that he is master 
 of his subject, and not a slavish copyist of sections 
 and head-notes, which i^ a vicious propensity of 
 many modern compilers of text-books. His 1 able 
 of Cases (with reference to all the reports), is 
 admirable, and his Index most exhaustive."— Z.«a/ 
 Times. - ■ , ... ^ . 
 
 "The results of the authorities appear to be 
 given well and tersely, and the treatise will, we 
 Slink, be found a convenient andJriistworthjj book 
 of reference."— ina- Journal. UigillZeu Uy 
 
 "Examining Mr. May's book, we find it' con- 
 structed with an intelligence and precision which 
 render it entirely worthy of being accepted as a 
 guide in this confessedly difficult subject. 'The 
 s'u^ject is an involved one, but with clean and clear 
 handling it is here presented as clearly as it could 
 be. . . . On the whole, he has produced a very 
 useful book of an exceptionally scientific character." 
 — Solicitors' Joitrnal. 
 
 " The subject and the work are both very good. 
 The former is well chosen, new, and interesting ; 
 the latter has the quality which always distin- 
 guishes original research from borrowed labours." 
 — American Law Review. 
 
 " We are happy to welcome his(Mr. May's)work 
 as an addition to the, we regret to say, brief cata- 
 logue of law books conscientiously executed. "We 
 can corroborate his own description of his labours,' 
 ' that no pains have been spared to make the -book 
 as concise and practical as possible, without doing 
 .so_at the expense of perspicuity, or by the omission 
 "lyiiiwiycrlant points.'" — La7V Times. 
 
30 
 
 STEVENS &' HAYNES, BELL YARD, TEMPLE BAR. 
 
 In one volume, medium 8vo, price 38^., cloth ; or in half-roxburgh, 42^., 
 
 A HISTORY OF THE FORESHORE 
 
 AND THE LAW RELATING THERETO. 
 
 With a Hitherto Unpublished Treatise by Lord Hale, Lord Hale's 
 "De Jure Maris," and the Third Edition of Hall's Essay on the 
 
 RIGHTS OF THE CROWN IN THE SEA-SHORE. 
 
 With Notes, and an Appendix relating to Fisheries. 
 
 By STUART A. MOORE, F.S.A., 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 wealth of materials for founding and building up 
 arguments. Mr. Stuart Moore has written a work- 
 which must, unless his contentions are utterly un- 
 founded, at once become the standard text-book on 
 the law of the Sea-shore." — Laiv Tifnes, Dec. ist. 
 
 "Mr. Stuart Moore in his valuable work on the 
 Foreshore. " — Th^ Times. 
 
 '* Mr. Stuart Moore's work on the title of the 
 Crown to the land around the coast of England 
 lying between the high and low water mark is 
 something more than an ordinary law book. It is 
 a history, and a very interesting one, of such land 
 and the rights e^ercLs^d over it from the earliest 
 times to the present day ; and a careful study of 
 the facts contained in the book and of the argu- 
 ments brought forward can scarcely fail to convince 
 the reader of the inaccuracy of the theory, now so 
 coniitantly put forward hy the Crown, that without 
 the existence of special evidence to the contrary, 
 the land whicji adjoins riparian property, and 
 which is covered at high tide, belongs to the 
 Crown and not to the owner of the adjoining 
 manor. The list which Mr. Moore gives of places 
 where the question of foreshore has been already 
 raised, and of those as to which evidence on the 
 subject exists amongst the public records, is valu- 
 able, though by no means exhaustive ; and the 
 book .should certainly find a place in the library of 
 the lord of every riparian manor." — Morning Post. 
 
 '."This work is nominally a third edition of the 
 late Mr. Hall's essay on the rights of the Crown in 
 the Sea-shore, but in reality is an absolutely new 
 production, for out of some goo odd pages Hall's 
 essay takes up but 227. Mr. Moore has written a 
 book of great importance, which should mark an 
 epoch in the history of the rights of the Crown and 
 the subject in the litus maris, or foreshore of the 
 kingdom. Hall's treatise (with Lovel and' s notes) is 
 set out with fresh notes by the present editor, who 
 is anything but kindl;^ disposed towards his author, 
 for his notes are nothing but a series of exposures 
 of what he deems to be Hall's errors and misrepre- 
 sentations. ' lir. Moore admits his book to be a 
 brief for the opposite side of the contention sup- 
 ported by Hall, ; and a more vigorous and argu- 
 mentative treatise we have scarcely ever seen. Its 
 arguments are clearly and broadly disclosed, and 
 supported by a wealth of facts and cases which 
 show the research of the learned author to have 
 been most full and elaborate. . . . There is no 
 doubt that this is an important work, which must 
 have a considerable influence on that branch of the 
 law with which' it deals. That law is contained in 
 ancient and most inaccessible records ; these have 
 now been brought to light, and it may well be 
 that important results to the subject may flow 
 therefrom. The Profession, not to say the general 
 public, owe the learned author a deep debt of 
 gratitude for providing ready to hand such a 
 
 In one volume, 8vo, price I2J., cloth, 
 A TREATISE ON THE LAW RELATING TO THE 
 
 POLLUTION AND OBSTRUCTION OF WATER COURSES ; 
 
 Together with a Brief Summary of the Various Sources of Rivers 
 
 Pollution. 
 
 By clement HIGGINS, M.A., F.C.S., 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 "As a compendium of the law upon a special 
 and rather intricate subject, this treatise cannot 
 but prove of great practical value, and more 
 especially to those who have to advise upon the 
 institution of proceedings under the Rivers Pollu- 
 tion Prevention Act, 1876, or to adjudicate upon 
 those proceedings when brought." — Irish Law 
 Times. 
 
 "We can recommend Mr. Higgins' Manual as 
 the best guide we possess." — Public Health. 
 
 " County Court Judges, Sanitary Authorities, 
 and Riparian Owners will find in Mr. Higgins' 
 Treatise a valuable aid in obtaining a clear notion 
 of the Law on the Subject. Mr^Hij 
 
 tZtneer. 
 the Subject. Mr,^Hiegins h^ I n>j;I^^ef5^9fe\^"^ convenient manual of the law 
 accomplished a work for which heyigfffilZfil^by> /MvOfieSOjES^to which it relates."— 5tf/iVzV(7rj' 
 . ._■ ;_i £. .. _/ Journal. 
 
 recognised as having special fitness on account of 
 
 his practical acquaintance both with the scientific 
 and the legal aspects of his subject." — Law Maga- 
 zine and Review. 
 
 ' ' The volume is very carefully arranged through- 
 out, and will prove of great utility both to miners 
 and to owners of land on the banks of rivers." — 
 The Mining JonrnaL 
 
 "Mr. Higgins writes tersely and clearly, while 
 his facts are so well arranged that it is a pleasure 
 to refer to his book for information ; and altogether 
 the work is one which will be found very useful by 
 all interested in the subject to which it relates." — 
 Eng: 
 
STEVENS <S- HAYNES, BELL YARD, TEMPLE BAR. 31 
 
 In Svo, Fifth Edition, price 28^., cloth. 
 
 MAYNE'S TREATISE 
 
 ON 
 
 THE LAW OF DAMAGES. 
 
 FIFTH EDITION. 
 REVISED AND PARTLY REWRITTEN. 
 
 BY 
 
 JOHN D. M A Y N E, 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW ; 
 
 AND 
 
 His Honor Judge LUMLEY SMITH, Q.C. 
 
 " ' Mayne on Damages ' has now become almost a classic, and it is one of the books which 
 we cannot afford to have up to date. We are therefore pleased to have a new Edition, and 
 one so well written as that before us. With the authors we regret the increasing size of the 
 volume, but bulk in such a case is better than incompleteness. Every lawyer in practice 
 should have this book, full as it is of practical learning on all branches of the Common Law. 
 The work is unique, and this Edition, like its predecessors, is indispensable." — Law Journal, 
 April, 1894. 
 
 " Few books have been better kept up to the current law than this treatise. The earlier part 
 of the book was remodelled in the last edition, and in the present edition the chapter on 
 Penalties and Liquidated Damages has been rewritten, no doubt in consequence of, or with 
 regard to, the elaborate and exhaustive judgment of the late Master of the Rolls, in Wallis v. 
 Smith (31 W. R. 214 ; L. R. 21 Ch. D. 243). The treatment of the subject by the authors is 
 admirably clear and concise. Upon the point involved in Wallis v. Smith they say : ' The 
 result is that an agreement with various covenants of different importance is not to be governed 
 by any inflexible rule peculiar to itself, but is to be dealt with as coming under the general rule, 
 that the intention of the parties themselves is to be considered. If they have said that in the 
 case of any breach a fixed sum is to be paid, then they will be kept to their agreement, unless 
 it would lead to such an absurdity or injustice that it must be assumed that they did not meaii 
 what they said.' This is a very fair simimary of the judgments in Wallis v. Smith, especially 
 of that of Lord justice Cotton ; and it supplies the nearest approach which can be given at 
 present to a rule for practical guidance. We can heartily commend this as a carefully edited 
 edition of a thoroughly good book." — Solicitors' Journal. 
 
 " During the twenty-two years which have elapsed since the publication of this well-known 
 work, its reputation has been steadily growing, and it has long since become the recognised 
 authonty on the important subject of which it treats." — Law Magazine and Review. 
 
 "This edition of what has become a standard 
 work has the advantage of appearing under the 
 supervision of the original author as well as of 
 Mr. Lumley Smith, the editor of the second- edition. 
 The result is most satisfactory. Mr. Lumley 
 Smith's edition was ably and conscientiously pre- 
 pared, and we are glad to find that the reader still 
 enjoys the benefit of his accuracy and learning. 
 At the same time the book has doubtless been 
 improved by the reappearance of its author as co- 
 editor. The earlier part, indeed, has been to a 
 considerable extent entirely rewritten.- 
 
 " Mr. Mayne's remarks on damages in actions of 
 tort are brief. We agree with him that in such 
 actions the courts are governed by far looser prin- 
 ciples than in contracts; indeed, sometimes it is 
 impossible to say they are governed by any prm- 
 ciples at all. In actions for injuries to the person or 
 reputation, for example, a judge cannot do more 
 than give a general direction to the jury to give 
 
 what the facts proved in their judgment required. 
 And, according to the better opinion, they may giv^ 
 damages 'for example's sake,' and mulct a ricli 
 man more heavily than a poor one. In actions for 
 injuries to property, however, ! vindictive' or 
 ' exemplary ' damages cannot, except in very rare 
 cases, be awarded, but must be limited, as in con- 
 tract, to the actual harm sustained. 
 
 " It to needless to comment upon the arrangement 
 of the subjects in this edition, in which no alteration 
 has been made. The editors modestly express a 
 hope that all the English as well as the principal 
 irish decisions up to the date have been included, 
 and we believe from our own examination that the 
 hope is well founded. We may regret that, warned 
 Tjy the growing bulk of the book, the editors havd 
 not included any fresh American cases, but we feel 
 that the omission was unavoidable. We should add 
 that the whole work has been thoroughly revised." — 
 Solicitors^ yournal. 
 
 This text-book is so well known, not only as the highest authority on the subject treated 
 of but as one of the best text-books ever written, that it would be idle for -us to speak of it 
 in the words of commendatio;: that it '^'ffS^fMjr/i^QMoW®^ ^^"^ no practising lawyer can 
 da without."— Cti.-SADA Law journal.-' 
 
p " 
 
 32 STEVENS &' HAYNES, BELL YARD, TEMPLE BAR. 
 
 In crown 8vo, price 4j. dd., cloth, 
 
 ABSTRACT DRAWING. Containing Instructions on 
 
 the Drawing of Abstracts of Title, and an Illustrative Appendix. By C. E. ScOTT, 
 Solicitor. 
 
 " This Uttle book is intended for the assistance of those who have the framing of abstracts of title 
 entrusted to their care. It contains a number of useful rules, and an illustrative appendix." — Law Titnes, 
 
 *' A handy book for all articled clerks.'* — Law Students* journal. 
 
 " Solicitors who have articled clerks would save themselves much trouble if they furnished their clerks 
 with a copy of this little book before putting them on to draft an abstract of a heap of title deeds." —Law 
 Notts. 
 
 " The book ought to be perused by all law students and articled clerks." — Red Tape. 
 
 Second Edition, in crown 8vo, price 7^., cloth, 
 
 THE LAW RELATING TO CLUBS. 
 
 By the late JOHN WERTHEIMER, Barrister-at-Law. 
 Second Edition, by A. W. CHASTER, Barrister-at-Law. 
 
 " A convenient handbook, drawn up with great 
 judgment and perspicuity. " — Morfiiitg Post. 
 
 " Both useful and interesting to those interested 
 hi club management." — Law Thnes. 
 
 ^' Mr. Wertheimer's history of the cases is com- 
 plete and well arranged." — Satzn'day Review. 
 
 *' This is a very neat little book on an Interesting 
 subject. The law is accurately and well expressed." 
 — La'w Jounial. 
 
 " This is a very handy and complete little work. 
 This excellent little treatise should He on the table 
 of every club." — Pu7np Court. 
 
 In 8vo, price 2j,, sewed, 
 
 TABLE of the FOREIGN MERCANTILE LAWS and CODES 
 
 in Force in the Principal States of EUROPE and AMERICA. By Charles 
 Lyon-Caen, Professeur agrege a la Faculte de Droit de Paris ; Professeur a 
 I'Ecole libre des Sciences politiques. Translated by Napoleon Argles, 
 Solicitor, Paris. 
 
 In 8vo, price \s., sewed, 
 
 A GUIDE TO THE FRENCH LAWS OF 1889, ON NATION- 
 ALITY AND MILITARY SERVICE, as affecting British Subjects. By A. 
 Pavitt, Solicitor, Paris. 
 
 In one volume, demy 8vo, price \os. td., cloth, 
 
 PRINCIPLES OF THE LAW OF STOPPAGE" IN TRANSITU, 
 
 RETENTION, and DELIVERY. By John Houston, of the Middle Temple, 
 Barrister-at-Law. 
 
 In 8vo, price loj. , cloth, 
 
 THE TRIAL OF ADELAIDE BARTLETT FOR 
 
 MURDER ; Complete and Revised Report. Edited by Edward Beal, B.A., 
 of the Middle Temple, Barrister-at-Law. With a Preface by Edward Clarke, 
 Q.C., M.P. 
 
 In 8vo, price los. dd., cloth, 
 A REPORT OF THE CASE OF 
 
 THE QUEEN v. GURNEY AND OTHERS, 
 
 In the Court of Queen's Bench before the Lord Chief Justice COCKBURN. With Intro- 
 duction, containing History of the Case, and Examination of the Cases at Law 
 and Equity applicable to it. By W. F. Finlason, Barrister-at-Law. 
 
 In royal 8vo, price loi. 6d., cloth, 
 
 THE PRACTICE OF EQUITY BY WAY OF REVIVOR AND SUPPLEMENT. 
 
 With Forms of Orders and Appendix of Bills. By Loftus Leigh Pembbrton 
 of the Chancery ^^^02^^^ MiCrOSOft® 
 
STEVENS &>. HAVNES, BELL YARD, TEMPLE BAR, 88 
 
 In 8vo, price i2j. ()d., cloth, 
 
 THE ANNUAL DIGEST OF MERCANTILE 
 CASES. FOR THE YEARS 1885 AND 1886. 
 
 Being a Digest of the Decisions of the English, Scotch and Irish Courts 
 ON Matters relating to Commerce. 
 
 By JAMES A. DUNCAN, M.A., LL.B., Trin. Coll., Camb., 
 
 AND OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 In 8vo, 1878, price ts., cloth, 
 THE 
 
 LAW RELATING TO CHARITIES, 
 
 especially with reference to the validity and construction of 
 
 CHARITABLE BEQUESTS AND CONVEYANCES. ■ 
 
 By FERDINAND M. WHITEFORD, of Lincoln's Inn, Barrister-at-Law. 
 
 Vols. I., II., III., IV., and V., Part I., price 5/. Ts. 
 REPORTS OF THE DECISIONS OF THE 
 
 JUDGES FOR THE TRIAL OF ELECTION PETITIONS 
 
 IN ENGLAND AND IRELAND. 
 
 PURSUANT TO THE PARLIAMENTARY ELECTIONS ACT, 1868. 
 
 By EDWARD LOUGHLIN O'MALLEY and HENRY HARDCASTLE. 
 
 *„* Vol. IV. Part III. and all after are Edited by J. S. Sandars and A. P. P. Keep, 
 
 Barristers-at-Law. 
 
 In 8vo, price \2.s., cloth, 
 
 THE LAW OF FIXTURES, in, the principal relation Oi 
 Landlord and Tenant, and, in all other or general relations. Fourth Edition^ 
 By Archibald Brown,''M.A. Edin. and Oxon., and B. C.L. Oxon., of the 
 Middle Temple, Barrister-at-Law. 
 
 In one volume, 8vo, price 28^., cloth, 
 
 THE LAW RELATING TO PUBLIC WORSHIP.; 
 
 With ' special reference to Matters of Ritual and : Ornamentation, arid the Means of 
 Securing the Due Observance thereof, and containing in extenso, with Notes and 
 References, The Public Worship Regulation Act, 1874 ; The Church Discipline 
 , Act; the various Acts of Uniformity; the Liturgies of 1549. I-SS^. and 1559, 
 compared with the Present Rubric; the Canons; the Articles; and the Injunc- 
 tions, Adv^rfisementSj, and. other Original Documents of Legal Authority. By 
 
 Sj,and other (Jrigmal JJocume 
 
 Seward Brice, LL.M9«f^y™eW6fi?«$?/»Siri5ter-at-Law, 
 
34 STEVENS &- BAYNES, BELL YARD, TEMPLE BAR. 
 
 ^tebensi ani ?|asn*«' .Striea of fleprints of tht ®»rl2 flfporttrs. 
 SIR BARTHOLOMEW SHOWER'S PARLIAMENTARY CASES. 
 
 In 8vo, 1876, price 4/. 4J., best calf binding, 
 
 SHOWER'S CASES IN PARLIAMENT 
 
 RESOLVED AND ADJUDGED UPON PETITIONS Sf WRITS OF ERROR. 
 
 FOURTH EDITION. 
 
 CONTAINING ADDITIONAL CASES NOT HITHERTO REPORTED. 
 
 REVISED AND EDITED BY 
 
 RICHARD LOVELAND LOVELAND, 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW ; EDITOR OF " KELYNG'S CROWN CASES," AND 
 "hall's essay on the rights of THE CROWN IN THE SEASHORE." 
 
 " Messrs. Stevens & Haynes, the successful publishers of the Reprints of Bellewe, 
 Cocke, Cunningham, Brookes's New Cases, Choyce Cases in Chancery, William Kelynge 
 and Kelj^g's Crown Cases, determined to issue a new or fourth Edition of Shower's Cases 
 In Parliament. 
 
 " The volume, although beautifully printed on old-fashioned Paper, in old-fashioned 
 type, instead of being in the quarto is in the more convenient octavo form, and contains 
 several additional cases not to be found in any of the previous editions of the work. 
 
 " These are all cases of importance, worthy of being ushered into the light of the 
 world by enterprising publishers. 
 
 "Shower's Cases are models for reporters, even in our day. The statements of the 
 case, the argumentsofcounsel,andthe opinions of the Judges, are all clearly and ably given. 
 
 " This new edition with an old face of these valuable-reports, under the able editorship 
 of R. L. Loveland, Esq. , should, in the language of the advertisement, ' be welcomed by 
 the profession, as well as enable the custodians of public libraries to complete or add to 
 their series of English Law Reports.'" — Canada Law Journal. 
 
 BELLEWE'S CASES, T. RICHARD II. 
 
 In 8vo, 1869, price 3/. 3^., bound in calf antique, 
 
 LES ANS DU ROY RICHARD LE SECOND. 
 
 Collect* ensembl' hors les abridgments de Statham, Fitzherbert et Brooke. Per 
 Richard Bellewe, de Lincolns Inne. 1585. Reprinted from the Original 
 
 Edition, 
 
 *' No public library in the world, where English 
 law finds a place, should be without a copy of this 
 edition of Bellewe." — Canada Law youj-nal. 
 
 " We have here Si/aC'Simiie edition of Bellewe, 
 and it is really the most beautiful and admirable- 
 reprint that has appeared at any time. It is a 
 perfect p;em of antique printing, and forms a "most 
 interesting monument of our early legal history. 
 It belongs to the same class of works as the Year 
 ■Book of JEdward 1. and other similar works which 
 have been printed in our own time under the 
 auspices of the Master of the Rolls ; but is far 
 superior to any of them, and is in this respect 
 
 highly creditable to the spirit and enterprise of 
 private publishers. The work is an important link 
 in our legal history ; there are no year books of the 
 reign of Richard II., and Bellewe supplied theonly 
 substitute by carefully extracting and collecting all 
 the cases he could find, and he did it in the most 
 convenient form — th^t of alphabetical arrangement 
 in the order of subjects, so that the work is a 'digest 
 as well as a book of law reports. It is in fact a 
 collection of cases of the reign of Richard II., 
 arranged according' to their subjects in alphabetical 
 order. It is therefore one of the most intelli^ble 
 and interesting legal memorials of the Middle 
 Ages." — Law- Times. • , .- - - -.. 
 
 CUNNINGHAM'S REPORTS. 
 
 In 8vo, 1871, price 3/. 3j., calf antique, , 
 Cunningham's (T.) Reports in K. B., 7 to 10 Geo. II.; to which is prefixed a Proposal 
 for rendering the Laws of England clear and certain, humbly offered to the 
 Consideration of both Houses of Parliament. Third edition, with numerous 
 Corrections. By Thomas Townsend Bucknill, Barrister-at-Laiw. 
 
 ** The instructive chapter which precedes the 
 cases, entitled * A proposal for rendering the Laws 
 of England clear and certain,' gives the volume a 
 degree of peculiar interest, independent of the value 
 of many of the reported cases. That chapter begins 
 with words which ought, for the information of 
 every people, to be printed in letters or gold. They ._«..... ..„.«^^ i 
 
 are as follows : ' Nothing conduci?^ 'it.m^- ^mk MlCfO^Ottmi. 
 
 peace and prosperity of every nation than good 
 laws and the due execution of them.' The history 
 of the civil law is ' then rapidly traced. Next a 
 history is given of English Reporters, beginning 
 with the reporters of the Year Books from i Edw. 
 III. to 12 Hen. VIII. — being near 200 years — and 
 afterwards, to the time of the author."— Como^ 
 
STEVENS &' HAYNES, BELL YARD, TEMPLE BAR. 35 
 
 §Ui>tne ani ^iajnes' ^tries of Jltimnta of tlu (Earijg Sleyortas. 
 CHOYCE CASES IN CHANCERY. 
 
 In 8vo, 1870,- price 2/. 2j., calf antique, 
 
 THE PEAOTIOE OF THE HIGH COURT OF GHANOEEY. 
 
 With the Nature of the several Offices belonging; to that Court. And the Reports of 
 many Cases wherein Relief hath been there had, and where denyed. 
 
 **This volume, in paper, type, and binding (like 'BeIlewe'sCases')is a fac-simile of the antique edition, 
 All who buy the one should buy the other." — Canada Lain 'journal. 
 
 In Svo, 1872, price 3/. 'is., calf antique, 
 
 SIR G. COOKE'S COMMON PLEAS REPORTS 
 
 IN THE REIGNS OF QUEEN ANNE, AND KINGS GEORGE I. and II. 
 
 The Third Edition, with Additional Cases and References contained in the Notes 
 taken from L. C. J. Eyre's MSS. by Mr, Justice Nares, edited by Thomas 
 TowNSEND BuCKNiLL, of the Inner Temple, Barrister-at-Law. 
 
 an old volume of Reports maybe produced by these 
 
 ** Law books never can die or remain long dead 
 so long as Stevens and Haynes are willing to con- 
 tinue them or revive them when dead. It is cer- 
 tainty surprising to see with what facial accuracy 
 
 modernpublishers, whose good taste is onlyequaUed 
 by their enterprise." — Canada. Law yoitmal. 
 
 BROOKE'S NEW CASES WITH MARCH'S TRANSLATION. 
 
 In Svo, 1873, price 4/. 4?., calf antique, 
 Brooke's (Sir Robert) New Cases in the time of Henry VIII., Edward VI., and 
 Queen Mary, collected out of Brooke's Abridgement, and arranged under years, 
 with a table, together with March's (John) Translation (t/^Brooke's New Cases 
 in the time of Henry VIII., Edward VI., and Queen Mary, collected out of 
 Brooke's Abridgement, and reduced alphabetically under their proper heads and 
 titles, with a table of the principal matters. In one handsome volume. Svo, 1873* 
 
 " Both the original and the translation having 
 long been very scarce, and the mispaging and other 
 errors in March's translation making a new and 
 corrected edition peculiarly desirable, Messrs. 
 
 Stevens and Haynes have reprinted the two books 
 in one volume uniform with the preceding volumes 
 of the series of Early Reports." — Canada Law 
 Journal. 
 
 KELYNGE'S (W.) REPORTS. 
 
 In Svo, 1873, price 4/. 4^., calf antique, 
 Kelynge's (William) Reports of Cases in Chancery, the King's Bench, &c., from the 
 3rd to the 9th year of his late Majesty King George II., during which time Lord 
 King was Chancellor, and the Lords Raymond and Hardwicke were Chief 
 Justices of England. To which are added, seventy New Cases not in the First 
 Edition. Third Edition. In one handsome volume. Svo. 1873. 
 
 KELYNG'S (SIR JOHN) CROWN CASES. 
 
 In Svo, 1873, price 4/. 4^., calf antique, 
 Kelyng's (Sir J.) Reports of Divers Cases in Pleas of the Crown in the Reign of King 
 Charles II., with Directions to Justices of the Peace, and others; to which are 
 added. Three Modern Cases, viz., Armstrong and Lisle, the King and Plummer, 
 the Queen and Mawgridge. Third Edition, containing several additional Cases 
 never before printed, together with a Treatise upon the Law and Proceed- 
 ings IN Cases of High Treason, first published in 1793. The whole carefully 
 revised and edited by Richard Loveland Loveland, of the Inner Temple, 
 Barrister-at-Law. 
 
 goodservice rendered by Messrs. Stevens andHaynes 
 to the profession. . . . Should occasion arise, the 
 Crown prosecutor, as well as counsel for the prisoner: 
 will find in this volume a complete vade mecuttt 01 
 the law of high treason and proceedings in relation 
 
 "We look upon this volume as one of the most 
 important and valuable of the unique reprints of 
 Messrs. Stevens and Haynes. Little do we know 
 of the mines of legal wealth that lie buried in the 
 oldiawbooks. But a careful examination, either of ^,5>," 
 
 the reports or of the treatise embqgMl/p/S^SP'Kj^ A lldl^efS'Clrl®"""^'' •'""' J'^rnal. 
 now before us, will give the reader some idea oit*'^ 
 
36 STEVENS &= HAYNES, BELL YARD, TEMPLE BAR, 
 
 Second Edition, in 8vo, price 26j., cloth, 
 A CONCISE TREATISE ON 
 
 PRIVATE INTERNATIONAL JURISPRUDENCE, 
 
 BASED OM THE DECISIONS IN THE ENGLISH COURTS, 
 By JOHN ALDERSON FOOTE, 
 
 OF Lincoln's inn, barrister-at-law ; chancellor's legal medallist and senior whewell scholar 
 
 OF international law, CAMBRIDGE UNIVERSITY, 1873 ; SENIOR STUDENT IN JURISPRUDENCE 
 AND ROMAN LAW, INNS OF COURT EXAMINATION, HILARY TERM, 1874. 
 
 "This work seems to us likely to prove of considerable use to all English lawyers who have to deal with 
 questions of private international' law. Since th6 publication of Mr. Westlake's valuable treatisfej' twenty 
 years ago, the judicial decisions of English courts bearing upon different parts of this subject have greatly 
 increased in number, and it is full time that these decisions should be examined, and that the conclusions 
 to be deduced from them should be systematically set forth in a treatise. Moreover, Mr. Foote has dbne 
 this well." — Solicitors' youmal. 
 
 " Mr. Foote has done his work very well, and the book will be useful to all who have to deal, with th? 
 class of cases in which English law alone is not sufficient to settle the question."— *S'«^«rrfaj' iPtf^Vw, 
 March 8, 1879. 
 
 "The author's object has been to reduce into order the mass of materials already accumulated in the 
 shape of explanation and actual decision on the interesting matter of which he treats ; and to construct a 
 framewoi-k of private international law, not from the dicta of jurists so much as fronx judicial decisi(»is in 
 English Courts which have superseded them. And it is here, in compiling and arranging in a concise 
 form this valuable material, that Mr. Foote's wide range of knowledge and legal acumen bear such good 
 fruit. As a guide and assistant to the student of international law,, the whole treatise will be invaluable : 
 while a table of cases and a general index will enable him to find what he wants without trpuble." — 
 Standard. 
 
 " The recent decisions on points of international law (and there have been a large number since Westlake's 
 publication) have been well stated. So far as we have observed, no case of any importance has been 
 omitted, and the leading cases have been fully analysed. The author does not hesitate to criticise the 
 grounds of a decision when these appear to him to conflict with the propei- rule of law. Most of his 
 criticisms seem tous very just. . . . On the whole, we can recommend Mr. Foote's treatise as'a'^useful 
 addition to our text-books, and we expect it will rapidly find its way into the hands of practising lawyers." 
 — The youmal 0/ JuTispy-itdence and Scottish Law Magazine. 
 
 " Mr. Foote has evidently borne closely in mind the needs of Students of Jurisprudence as well as those 
 o'the Practitioners. For both, the fact that, his work is almost entirely one' of Case-law will commend 
 it ds one useful alike in Chambers and in Court." — Law Magazine and Review, 
 
 "Mr. Foote's book will be useful to the student One of the best points of Mr. Foote's book 
 
 is the * Continuous Summary,' which occupies about thirty pages, and is divided into four parts — Persons, 
 Property, Acts, and Procedure. Mr. Foote remarks that these summaries are not in any way intended as 
 a.n attempt at.po.diiication. However that may. be, they are a digest which reflects -high- credit on the 
 author's assiduity and capacity. They are ' meant merely, to guide the student ; ' but they will do much 
 more than guide him. They will enable him to get such a grasp of the subject as will render the reading 
 of the text easy and fruitful." — Law JoumaL 
 
 "This book is well adapted to be used both as a text-book for students and a book of reference for 
 practising barristers." — Bar Examination Journal. 
 
 . "This is a book which supplies the want which has long been felt,for a really goodmodern treatise on 
 Private International Law adapted to the every-day requirements of the English Practitioner. The 
 whole volume, although designed for the use of the practitioner, is so moderate in size— an octavo of 500 
 pages only— and the arrangement and development of the'subject so well conceived and executed, that it 
 will amply repay perusal by th»se whose immediate object maybe not the actual decisions of a knotty 
 point but the satisfactory disposal of an examination paper." — Oxford and Cambridge Undergraduates' 
 youmal. * 
 
 ' '''Since the publication, some twenty years ago, of Mr. Westlake's Treatise, Mr. Foote's book, is,, in 
 our opinion, the best work on private international law which has appeared in the English language. .... 
 The work is executed with much ability, and will doubtless be found of great value by all petsotls who 
 have to consider questions on private iotematipnal laiv-'.' — Atken^itw. 
 
 Digifizeaby Wlicroson® 
 
STEVENS &- ffAYNES, BELL YARD, TEMPLE BAR. 37 
 
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 AND 
 
 QUARTERLY DIGEST OF ALL REPORTED CASES. 
 
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STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. 
 
 Fifth Edition, revised and enlarged, Svo. 
 
 A TREATISE ON HINDU LAW AND USAGE. 
 
 By John D. Mayne, of the Inner Temple, Barrister -at -Law, Author of "A Treatise on 
 
 Damages," &c. 
 
 " A new work from the pen of so established an authority as Mr. Mayne cannot fail to be welcome to 
 the legal profession. In his present volume the late Officiating Advocate-General at Madras has drawn 
 upon the stores of his long experience in Southern India, and has produced a work of value alike to the 
 practitioner at the Indian Bar, or at home, in appeal cases, and to the scientific jurist. 
 
 " To all who, whether as practitioners or administrators, or as students of the science of jurisprudeDce, 
 desire a thoughtful and suggestive work of reference on Hindu Law and Usage, we heartily recommend 
 the careful perusal of Mr, Mayne's valuable treatise." — Laiv Magazine and Review. 
 
 In 8vo, 1877, P"ce 15J., cloth, 
 
 A DIGEST OF HINDU LAW, 
 
 AS ADMINISTERED IN THE COURTS of the MADRAS PRESIDENCY, 
 
 ARRANGED AND ANNOTATED 
 
 By H. S. CUNNINGHAM, M.A., Advocate-General, Madras. 
 
 DUT CH LAW . 
 
 In I Vol., Svo, price 40^., cloth, 
 THE OPINIONS OF GROTIUS, As contained in the Hollandsche 
 
 Consultatien en Advijsen. Collated, translated, and annotated by D. P. DE 
 Bruyn, B.A., LL.B., Ebden E.ssayist of the University of the Cape of Good 
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 In 2 Vols., Royal 8vo, price 90J., cloth, 
 
 VAN LEEUWEN'S COMMENTARIES ON THE ROMAN-DUTCH 
 
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 *,* Vol. II. can be had separately, price 50J. 
 In Svo, price 15J. dd., net. 
 
 VOET'S TITLES ON VINDLCATIONES AND INTERDICTA, 
 
 Or the Roman Dutch Law of Actions to Assert Rights of Property, including Injunc- 
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 Titles I. to III., Book VII. Title VI., Book VIII. Title V., Book XX. Title IV., 
 and Book XLIII. Titles L, XVI. to XXXIII., of Voet's Commentary on the 
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 Roman Civil and Roman Dutch, and English Law, Notes of Ceylon Enactments 
 and Practice, and Decisions of the Supreme Court, Ceylon, etc. By John J. 
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 In Svo, price ifls. , cloth, 
 
 THE JUDICIAL PRACTICE OF THE COLONY OF THE CAPE 
 
 OF GOOD HOPE AND OF SOUTH AFRICA GENEEALLT. With suitable 
 
 and copious Practical Forms, subjoined to, and illustrating the Practice of the 
 several Subjects treated of. By C. H. Van Zyl, Attorney-at-Law, Notary 
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 In Crown Svo, price 3IJ. dd.y boards, 
 
 THE INTRODUCTION TO DUTCH JURISPRUDENCE OF 
 
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 In l2mo, price 15^-. net, boards, 
 
 SELECT THESES ON THE LAWS OF HOLLAND & ZEELAND. 
 
 Being a Commentary of Hugo Grotius' Introduction to Dutch Jurisprudence, and 
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 Advocate. Translat^,Jarf,Wfjl,qp;ft,^/mer-at-Law. Second Edition. 
 With a Biographical TTofifce oftTie Author Ijy Professor J. De Wal, of Leyden. 
 
STSVENS dr" HAY'NES, BELL YARD, TEMPLE BAR. 
 
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 Price 3^. 
 
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 A GUIDE TO THE BAR. 
 
 LEADING DECISIONS AND STATUTES OF 1894. 
 NEW BOOKS AND NEW EDITIONS. 
 
 W. D. EDWARDS, LL.B., 
 
 OF Lincoln's inn, barrister-at-law. 
 In 8vo, price \%s, each, cloth, 
 
 THE BAR EXAMINATION JOURNAL, VOLS. IV, v., 
 
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 from Easter Term, 1878, to Hilary Term, 1892, with List of Successful Candidates 
 at each examination, Notes on the Law of Property, and a Synopsis of Recent Legis- 
 lation of importance to Students, and other information. 
 
 By a. D. TYSSEN and W. D. EDWARDS, Barristers-at-Law. 
 
 In 8vo, price 8^-., cloth, 
 
 SHORT PRACTICAL COMPANY FORMS. 
 
 By T. EosTACB Smith, of the Inner Temple and Lincoln's Inn, Barrister-at-Law, 
 Author of " A Summary of the Law of Companies," etc., assisted by Roland E. 
 Vaughan Williams, of the Inner Temple, Barrister-at-Law. 
 
 REVIEW. 
 " This collection of Company Forms should certainly prove of service to secretaries, directors, and 
 others interested,, in the practical working of companies. '^^' ' '' ' "' '^ ' ' 
 
 the point." — Law Times. 
 
 The forms themselves are short and to 
 
 Sixth Edition. In 8vo, price gj. cloth, 
 
 A SUMMARY OF JOINT STOCK COMPANIES' LAI. 
 
 By T. EUSTACE SMITH, 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 " The author o( this handbook tells us that, when 
 an articled student reading for the final examina- 
 tion, he felt the want of such a work as that before 
 us, wherein could be found the main principles of 
 law relating to joint-stock companies . . . Law 
 students may well.read it ; for. Air. Smith has very 
 wisely been at the pains of giving his authority for 
 all his statements of the law or of practice, Ss applied 
 to joint-stock company business usually transacted 
 in solicitors' chambers. In fact, Mr. Smith has 
 by his little book offered a fresh inducement to 
 students to make themselves — at ^'I events, to some 
 Axtent — acquainted with company la ^. £.£ -^. stparue 
 branch of study." — Lcem Times. 
 
 "These pages give, in the words of the Preface, 
 ' as briefly and concisely as possible a general 
 view both of the principles and practice of the law 
 affecting companies. ' The work is excellently 
 printed, and authorities are cited ; but in no case 
 IS the very language, of the statutes copied. The 
 plan is good, and shows bo.th grasp and ne^tnesSf 
 and, both amongst students andlaymen, Mr. Smith's 
 book ought to meet a ready sale." — Law y.(mrruU. 
 
 " The book is one from which we hstve derived 
 a large amount of Valuable information, <and we can 
 heartily anfl conscientiously recommend' it to our 
 \-ti.3Lit\'L.'','.- Oxford and Cambridge Undergra* 
 duates' journal. 
 
40 
 
 STEVENS Sf HAYNES, BELL YARD, TEMPLE BAR. 
 
 In 8vo, Sixth Edition, price gj., cloth, 
 
 THE MARRIED WOMEN'S PROPERTY ACTS ; 
 
 1870, 1874, 1882 and 1884, 
 
 With Copious and Explanatory Noje^, and an Appendix of the Acts 
 relating to married women. 
 By Archibald Brown, M.A., Edinburgh and Oxon., and the Middle Temple, 
 Barrister-at-Law. Being the Sixth Edition of The Married Women's Property 
 Acts. By the late J. R. Griffiths, B.A. Oxon., of Lincoln's Inn, Barrister- 
 at-Law. 
 
 *' Upon the whole, we are of opinion that this is the best work upon the subject ,which> has been issued 
 since the passing of the recent Act. Its position as a well-established manual of acknowledged worth gives 
 it at starting a considerable advantage over new books ; and this advantage has been well maintained by 
 the intelligent treatment of the Editor." — Solicitors' Journal. 
 
 "The notes are full, but anything rather than tedious reading, and the law contained in them is good, 
 and verified by reported cases. ... A distinct feature of the work is its copious index", practically a 
 summary of the marginal headings of the various paragraphs in the body of the text. This book is worthy 
 of all success." — Laiv Magazine. - - ' 
 
 In 8vo, price I2J., cloth, 
 
 THE LAW OF NEGLIGENCE. 
 
 SECOND EDITION. 
 
 By Robert Campbell, of Lincoln's Inn, Barrister-at-Law, and Advocate 
 of the Scotch Bar. 
 
 *• No less an authority than the late Mr. Justice 
 Willes, in his judgment in Oppenheini v. White 
 Lion Hotel Co. , characterised Mr. Campbell's 
 ' Law of Negligence ' as a ' very good book ; ' and 
 since very good books are by no means plentiful, 
 when compared with the numbers of indifferent, 
 ones which annually issue from the press, we think 
 the profession will be thankful to the author of this 
 
 new edition brought down to date. It is indeed an 
 able and scholarly treatise on a somewhat difficult 
 branch of law, in the treatment of which the 
 author's knowledge of Roman and Scotch Juris- 
 prudence has stood him in good stead. We con- 
 fidently recommend it alike to the student and the 
 practitioner." — Lazv Magazine. 
 
 In 8vo, price loj. 6d. net. 
 
 THE LAW AND PRIVILEGES RELATING TO 
 
 THE ATTORNEY-GENERAL AND SOLICITOR-GENERAL 
 
 OF ENGLAND, with a History from the Earliest Periods, and a Series of 
 King's Attorneys and Attorneys and Solicitors-General from the reign of 
 
 Henry' HI. to the 60th of Victoria. 
 Inn, Barrister-at-Law. 
 
 the 
 By J. W. Norton-Kyshe, of Lincoln's 
 
 BIBLIOTHECA LEGUM. 
 
 In i2mo (nearly 400 pages), price 2s., cloth, 
 
 A CATALOGUE OF LAW BOOKS, including aU the Reports 
 in the various Courts of England, Scotland, and Ireland ; with a Supplement to 
 December, 1884. By Henry G. Stevens and Robert W. Haynes, Law 
 Publishers. 
 
 In small 4to, price 2s. , cloth, beautifully printed, with a large margin, for the 
 special use of Librarians, 
 
 CATALOGUE OF THE REPORTS IN THE 
 
 VARIOUS COURTS OF THE UNITED KINGDOM OF GREAT 
 BRITAIN AND IRELAND, arranged both in alpha- 
 
 CHRONOLOGICAL ORDES.. By Stevens & Haynesj 
 
 BETICAL &- 
 Law Publishers. 
 
 Digitized by Microsoft® 
 
STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. 41 
 
 Second Edition, much enlarged, in 8vo, price 2Qr., cloth, 
 
 CHAPTERS ON THE 
 
 LAW RELATING TO THE COLONIES. 
 
 To which are appended Topical Indexes of Cases decided in the Privy Council 
 on Appeal from the Colonies, Channel Islands and the Isle of Man, and of 
 Cases relating to the Colonies decided in the English Courts otherwise than on 
 Appeal from the Colonies. 
 
 By CHARLES JAMES TARRING, M.A., 
 
 ASSISTANT JUDGE OF H.B.M. SUPREME CONSULAR COURT, CONSTANTINOPLE, AND H.M.'S CONSUL ; 
 AUTHOR OF "BRITISH CONSULAR JURISDICTION IN THE EAST," "a TURKISH GRAMMAR," ETC. 
 
 CONTENTS. 
 
 Chapter IV. — The Judiciary and the Bar. 
 Chapter V.-^Appeals from the Colonies. 
 Chapter VI. — Imperial Statutes relating tu the 
 C;oIonies. 
 Section i, — Imperial Statutes relating to the 
 
 Colonies in general. 
 Section a. — Subjects of Imperial Legislation 
 relating to the Colonies in 
 general. 
 Section 3. — Imperial Statutes relating to par- 
 ticular Colonies. 
 
 Table of Cases Cited. 
 Table of Statutes Cited. 
 
 Introductory. — ^Definition of a Colony. 
 Qiapter I. — The laws to which the Colonies are 
 subject. 
 Section i. — In newly-discovered countries. 
 Section z. — In conquered or ceded countries. 
 Section 3. — Generally. 
 Chapter II.— The Executive. 
 Section i. — ^The Governor. 
 
 A. — Nature of his office, power, and 
 
 duties. 
 B. — Liability to answer for his acts, 
 I.— Civilly. 
 
 I. a. — In the courts of his Govern- 
 ment. 
 h, — In the English courts. 
 2. — For what causes of action. 
 II. — Criminally. 
 Section 2. — The Executive Council. 
 Chapter III.— The Legislative Power. 
 Section z. — Classification of colonies. 
 Section 2. — Colonies with responsible govern- 
 ment. 
 Section 3. — Privileges and powers of colonial 
 Legislative Assemblies. 
 
 Topical Index of Cases decided in th& Privy 
 Council on appeal from the Colonies, the 
 Channel Islands, and the Isle of Man. 
 
 Index of some Topics of English Law dealt with 
 in the Cases. 
 
 Topical Index of Cases relating to the Colonies 
 decided in the English Courts otherwise than on 
 appeal from the Colonies. 
 
 Index of Names of Cases. 
 
 Appendix I. 
 — II. 
 
 General Index. 
 
 In 8vo, price ioj., cloth, 
 
 THE TAXATION OF COSTS IN THE CROWN OFFICE. 
 
 COMPRISING A COLLECTION OF 
 
 BILLS OF COSTS IN THE VARIOUS MATTERS TAXABLE IN THAT OFFICE; 
 
 INCLUDING 
 
 COSTS UPON THE PROSECUTION OF FRAUDULENT BANKRUPTS, 
 AND ON APPEALS FROM INFERIOR COURTS ; 
 
 TOGETHER WITH 
 
 A TABLE OF COURT FEES, 
 
 and a scale of costs usually allowed to solicitors, on the taxation 
 
 of costs on the crown side of the queen's bench division 
 
 of the high court of justice. 
 
 By FREDK. H. short, 
 
 CHIEF CLERK IN THE CROWN OFFICE, 
 
 ''This is decidedly a useful work on the subject of those costs which are liable to be taxed before the 
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 before the master of the Crown Office ; in fact, such a book is almost indispensable when preparing costs 
 for taxation in the Crown Office^ or when taxing an opponent's costs. Country solicitors will find the scale 
 relating to bankruptcy prosecutions of especial use, as such costs are taxed in the Crown Office. The 'general 
 observations' constitute a useful feature in this manual." — Law Times. 
 
 **The recent revision of the old scale of costs in the Crown Office renders the appearance of this woric 
 particularly opportune, and it cannot fail to be welcomed by pr^fifitioners.' Mr. Short gives, in the iir«t 
 place, a scale of costs usually allav-ud ia iclicUc^s on fh." :iri3.t!'j/r y? costs in the Crown Office and then 
 bills of costs in various matters. These are well arranged and clearly printed." — Solicitors^ yournal. 
 
42 STEVENS S;' HAYNES, BELL YARD, TEMPLE. BAR, 
 
 Just Published, in 8vo, price "js. 6d., cloth, 
 
 BRITISH CONSULAR JURISDICTION IN THE EAST, 
 
 WITH TOPICAL INDICES OF CASES ON APPEAL FROM, AND 
 RELATING TO, CONSULAR COURTS AND CONSULS; 
 
 ' Also a Collection of Statutes concerning Consuls. 
 
 By C. J. TARRING, M.A., 
 
 ASSISTANT-JUDGE OF H.B.M. SUPREME CONSULAR COURT FOR THE LEVANT. 
 
 In one volume, 8vo, price 8j. 6d., cloth, 
 A COMPLETE TREATISE UPON THE 
 
 NEW LAW OF PATENTS, DESIGNS, & TRADE MARKS, 
 
 CONSISTING OF THE PATENTS, DESIGNS, AND TRADE MARKS ACT, 
 
 1883, WITH THE RULES AND FORMS, FULLY ANJiOTATED 
 
 WITH CASES, &c. 
 
 And a Statement of the Principles of the Law upon those subjects, with a Time Table 
 
 ' and Copious Index. 
 
 By EDWARD MORTON DANIEL, 
 
 OF Lincoln's inn, barrister-at-law, associate of the institute of patent agents. 
 In 8vo, price 8j., cloth, 
 
 The TRADE MARKS REGISTRATION ACT, 1875, 
 
 And the Rules thereunder ;, THE MERCHANDISE MARKS ACT, 1862, with an 
 Introduction containing a SUMMARY OF THE LAW OF TRADE MARKS, 
 together with practical Notes and Instructions, and a copious Index. By 
 Edward Morton Daniel, of Lincoln's Inn, Barrister-at-Law. 
 
 Second Edition, in one volume, Svo, price i6j-., cloth, 
 A CONCISE TREATISE ON THE 
 
 STATUTE LAW OF THE LIMITATIONS OF ACTIONS. 
 
 With an Appendix of Statutes, Copious References to English, Irish, and American Cases, 
 and to the French Code, and a Copious Index. 
 
 By henry THOMAS BANNING, M.A., ' ,: 
 
 OF THE INNER TEMPLE, ,BARRISTER-AT-LAW. - , ,^ ^ 
 
 "The work is decidedly valuable." — Law Times. 
 
 " Mr. Banning has adhered to the plan of printing the Acts in an appendix, and making his book a 
 running treatise on the case-law thereon. The cases have evidently been investigated mth. care and 
 digested with clearness and intellectuality." — Law yottmaL . \- ^. _ - 
 
 In 8vo, price l.f., sewed, 
 AN ESSAY ON THE 
 
 ABOLITION OF CAPITAL PUNISHMENT. 
 
 Embracing more farticularly an Enunciation and Analysis of the Principles of Law as 
 applicable to Criminals of the Highest Degree of Guilt. 
 
 By WALTER ARTHUR COPINGER, 
 
 OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW. 
 
 Sixth Edition, in Svo, price 31J. 6t/., cloth, 
 
 THE INDIAN CONTRACT ACT, No. IX., of 1872. 
 
 TOGETHER 
 
 Wim AN INTRODUCTION AND EXPLANATORY NOTES, TABLE OF 
 CONTENTS, APPENDIX, AND INDEX. 
 By H. S. CUNNINGHAM and H. H. SHEPHERD 
 Digiti^SfnfmiSMiSoft® 
 
STMVENS <Sh HAYNES, BELL YARD, TEMPLE BAR. 
 
 13 
 
 Second Edition, in 8vo, price 15J.,, cloth, 
 
 LEADING CASES and OPINIONS on INTERNATIONAL LAW 
 
 COLLECTED AND DIGESTED FROM 
 
 ENGLISH AND FOREIGN REPORTS, OFFICIAL DOCUMENTS, 
 PARLIAMENTARY PAPERS, and other Sources. 
 
 With NOTES and EXCURSUS, Containing the Views of the Text-Writers oa 
 the Topics referred to, together with Supplementary Cases, Treaties, and Statutes; 
 and Embodying an Account of some of the more important International Trans' 
 actions and Confirpversies. 
 
 By PITT COBBETT, M.A., D.C.L., 
 
 OF gray's inn, BAKRISTER-AT-LAW, professor of law, university of SYDNEY, N.S.W. 
 
 "The book is well arranged, the materials \frell , "The notes are concisely written and trust- 
 selected, and the comments to the point. Much | worthy. .... The reader will learn from them a 
 
 _;n,i„ r J ■ n ■ ■-• u . , . greaf deal on the subject, and the bdok as a 
 
 wiU he found m small space in this book.'-^aH, *hdle seems a convenient introduction to fuller and 
 
 Journal. \ more systematic works." -^Oxford Jlfag^azim. 
 
 Second Edition, in royal 8vo. 1 100 pages, price 45^., cloth, 
 
 STORY'S COMMENTARIES ON EQUITY 
 JURISPRUDENCE. 
 
 Sec&nd English Edition, 'from the Twelfth Ainericcin Edition, 
 By W. E. GRIGSBY, LL.D. (Lond.), D.C.L. (Oxon.), 
 
 AND OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 
 has been rendered more perfect by additional 
 indices." — Laiu Times, 
 
 " It is Jiigh testimony to the reputation of ^tory, 
 and to the editorship of Dr. Grigsby, that another 
 edition should haye b.e,en. called for. , . . The work 
 
 Second Edition, in 8vo, price 8j., cloth, 
 
 THE PARTITION ACTS, 1868 & 1876. 
 
 A Manual of the Law of Partition and of Sale, in Lieu of Partition. With the Decided 
 Cases, and an Appendix containing Judgments and Orders. By W. GREGORY 
 Walker, B.A., of Lincoln's Inn, Barrister-at-Law. 
 
 "This is a very good manual^--practical, clearly 
 written, and complete. The siioject lends itself 
 well to the mode of treatment adopted fay Mr, 
 Walker, and in his notes to the various sections he 
 
 has carefully brought together the cases, and dis- 
 cussed the difficulties arising tipdn the language ol 
 the different provisions." — Solicitors^ Journal. 
 
 Second Edition,- in 8vo, price 22s., cloth, 
 A TREATISE ON THE 
 
 LAW AND PRACTICE RELATING TO INFANTS. 
 
 By ARCHIBALD H. SIMPSON, M.A., 
 
 OF Lincoln's inn, barrister-at-law, and fellow of Christ's college, Cambridge. 
 SECOND EDITION'. By E. J. Elgood, B.C.L., M.A., of Lincoln's Ini>, 
 
 Barrister-at-Law. 
 
 " Mr. Simpson's book comprises the whole of the 
 law relating to infants, both as regards their per- 
 sons and their property, and we haVe not observed 
 an^ very important omissions. The author has 
 evidently expended much trouble and care upon 
 his work, and has brought together, in a concise 
 and convenient form, the law upon the subject down 
 to the present ^ime"-^SoliHiors' JourHaL- 
 
 "Its law is unimpeachable. We, have detected 
 no errors, and whilst thei" work' might have been 
 done more scientifically, it is, beyond all question, 
 a compendium of sound legal principles." — Lofw 
 Times. 
 
 "Mr. Simpson has arranged th^T^^J^M/dn^I^w 
 relating to Infants with much fuInes*'of cfetail, ana 
 
 yet in comparatively little space. The result is 
 due mainly to the businesslike condensation of his 
 style. Fuliiess, however, has by no means been 
 satirificed to brevity, and, so far as we have been 
 able to test it, the work omits no point of any im- 
 portance, from the earliest cases to the last. In 
 the essential qualities of clearness, completeness, 
 and orderiy arrangement it leaves nothing to 'be 
 desired, 
 
 " Lawyers in doubt on any point of laW or prac- 
 tice will find the information they require, if it can 
 be found at all, in Mr. Simpson's book, and a 
 writer of whom this can be said may congratulate 
 Vi.-iido'a'c^^^ing achieved a considerable success." 
 — Law magazine.^ February, 1876. 
 
44 
 
 STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. 
 
 In one volume, royal 8vo, 1877, price 30?., cloth, 
 
 THE DOCTRINES & PRINCIPLES OF 
 THE LAW OF INJUNCTIONS. 
 
 By WILLIAM JOYCE, 
 
 OF Lincoln's inn, barrister-at-law. 
 
 "Mr. Joyce, whose learned and exhaustive work on 'The Law and Practice of Injunctions' has 
 gained such a deservedly high reputation in the Profession, now brings out a valuable companion volume 
 on the ' Doctrines and Principles ' of this important branch of the Law- In the present work the Law is 
 enunciated in its abstract rather than its concrete form, as few cases as possible being cited ; while at the 
 same time no statement of a principle is made unsupported by a decision, and for the most part the very 
 language of the Courts has been adhered to. Written as it is by so acknowledged a master of his subject, 
 and with the conscientious carefulness that might be expected from hinL this work cannot fail to prove of 
 the greatest assistance alike to the Student — ^who wants to grasp principles freed from their superincum- 
 bent details — and to the practitioner, who wants to refresh his memory on points of doctrine amidst Che 
 oppressive details of professional work." — Law Magazine and Review. 
 
 BY THE SAME AUTHOR, 
 
 In two volumes, royal Svo, 1872, price 70^., cloth, 
 
 THE LAW & PRACTICE OF INJDMCTMS. 
 
 EMBRACING 
 
 ALL THE SUBJECTS IN WHICH COURTS OF EQUITY 
 AND COMMON LAW HAVE JURISDICTION. 
 
 By WILLIAM JOYCE, 
 
 OF Lincoln's inn, barrister-at-law. 
 
 REVIEWS. 
 
 "A work which aims at being so absolutely 
 complete, as that of Mr. Joyce upon a subject 
 which is of almost perpetual recurrence in the 
 Courts,^ cannot fail to be a welcome offering to the 
 profession, and doubtless, it will be well received 
 and largely used, for it is as absolutely complete as 
 
 it aims at being This work is, therefore 
 
 eminently a work for the practitioner, being full of 
 practical utility in every page, and every sentence, 
 of it We have to congratulate the pro- 
 fession on this new acquisition to a digest of the 
 law, and the author on his production of a work of 
 permanent utility and fame." — Law Magazine 
 and Review. 
 
 " Mr. Joyce has produced, not a treatise, but a 
 complete and compendious exposition of the Law 
 and Practice of Injunctions both in equity and 
 common law. 
 
 "Part in. is devoted to the practice of the 
 Courts. Contains an amount of valuable and 
 technical matter nowhere else collected. 
 
 " From these remarks it will be sufficiently per* 
 ceived what elaborate and painstaking industry, as 
 well as legal knowledge and ability has been 
 necessary in the compilation of Mr. Joyce'swork. 
 No laboiu: has been spared to save the practitioner 
 labour, and no research has been omitted which 
 could tend towards the elucidation and exemplifi- 
 cation of the general principles of the Law and 
 Practice of Injunctions." — Law journal. 
 
 " He does not attempt to ^o an inch beyond that 
 for which he has express written authority ; he al- 
 lows the cases to speak, and does not speak for them. 
 
 "The work is something more than a treatise on 
 the Law of Injunctions. It g^ves us the general 
 law on almost every subject to which the process of 
 injunction is applicable. Not only English, but 
 American decisions are cited, the aggregate number 
 l^ii^S ^f5°°i ^^^ the statutes cited 160, whilst the 
 index is, we think, the most elaborate we have ever 
 seen — occupying nearly 200 pages. The work is 
 probably entirely exhaustive." — Law Tiynes. 
 
 "This work, considered either as to its matter or manner of execution, is no ordinary work. It is a 
 complete and exhaustive treatise both as to the law and the practice of granting injunctions. It must 
 supersede all other works on the subject. The terse statement of the practice will be found of incalculable 
 value. We know of no book as suitable to supply a knowledge of the law of injunctions to our common 
 law friends as Mr. Joyce's exhaustive work. It is alike indispensable to members of the Common Law 
 and Equity Bars. Mr. Joyce's great work would be a casket without a key unless accompanied by a good 
 index. His index is very full and well arranged. We feel that this work is destined to take its place 
 as a standard text-book, and the text -book on the particular subject of which it treats. The authcn: 
 deserves great credit for the M«fK^g?'sat l.ibour brstowed upo&vit. The publishers, as usual, have 
 acquitted themselves in a manneF-d^^Vl^ig cf iV- ^iz^* rcputatidirsmey bear." — Canada Law journal. 
 
STEVENS <&- HAYNES, BELL YARD, TEMPLE BA/i. 
 
 45 
 
 Third Edition, in 8vo, price 20s., cloth, 
 A TREATISE UPON 
 
 THE LAW OF EXTRADITION, 
 
 WITH THE CONVENTIONS UPON THE SUBJECT EXISTING BETWEEN 
 
 ENGLAND AND FOREIGN NATIONS, 
 
 AND THE CASES DECIDED THEREON. 
 
 By Sir EDWARD CLARKE. 
 
 OF LINCOLN S ] 
 
 ' ' Mr. Clarke's accurate and sensible book is the 
 best authority to which the English reader can 
 turn upon the subject of Extradition." — Saturday 
 Review. 
 
 "The opinion we expressed of the merits of this 
 work when it first appeared has been fully justified 
 by the reputation it has gained. It is seldom we 
 come across a book possessing so much interest to 
 the general reader and at the same time furnishing so 
 useful a guide to the lawyer. " — Solicitors' JoumaL 
 
 "The appearance of a second edition of this 
 treatise does not surprise us. It is a useful book, 
 well arranged and well written. A student who 
 
 !J, S.-G., Q.C, M.P, 
 
 wants to learn the principles and practice of the 
 law of extradition will be greatly helped by Mr. 
 Clarke. Lawyers v/ho have extraiHtion business 
 will iind this volume an excellent book of reference. 
 Magistrates who have, to. administer the extradition 
 law will be greatly assisted by a careful perusal of 
 'Clarke upon Extradition.' This may be called a 
 warm commendation, but those who have read the 
 book will not say it is unmerited." — Laiu Journal. 
 The Times of September 7, 1874, in a long 
 article upon " Extradition Treaties," makes con- 
 siderable usa of this work and writes of it as " Mr. 
 Clarke's usefiil Work on Extradition." 
 
 In 8vo, price 2.s. 6(/., cloth, 
 
 TABLES OF STAMP DUTIES 
 
 FROM 1815 TO 1878. 
 By WALTER ARTHUR COPINGER, 
 
 OF THE MIDDLE TEMPLE, ESQUIRE, BARRISTER-AT-LAW I AUTHOR OF " THE LAW OF COPYRIGHT IN 
 WORKS OF LITERATURE AND ART," " INDEX TO PRECEDENTS IN CONVEYANCING," "tITLE DEEDS," &C. 
 
 " We think this little book ought to find its way 
 into a good many chambers and offices." — Soli- 
 eUors' journal. 
 
 "This book, or at least one containing the same 
 amount of valuable and well-arranged information, 
 should find a place in every Solicitor's office. It is 
 of especial value when examining the abstract of a 
 
 large number of old title-deeds." — Law Times. 
 
 "His Tables o/Stam^ Duties, /rofmZis ^01878, 
 have already been tested in Chambers, and being 
 now published, will materially lighten the labours 
 of the profession in a tedious department, yet one re- 
 quiring great care." — Law Magazine ana Review, 
 
 In one volume, 8vo, price 14J., cloth, 
 
 TITLE DEEDS: 
 
 THEIR CUSTODY, INSPECTION, AND PRODUCTION, AT LAW, IN 
 EQUITY, AND IN MATTERS OF CONVEYANCING, 
 
 Including Covenants for the Production of Deeds and Attested Copies ; with an Appendix 
 of Precedents, the Vendor and Purchaser Act, 1874, &c. &c. &c. By Walter 
 Arthur Copinger, of the Middle Temple, Barrister-at-Law ; Author of "The 
 Law of Copyright " and *• Index to Precedents in Conveyancing." 
 
 "The literary execution of the work is good 
 enough to invite quotation, but the volume is not 
 large, and we content ourselves with recommending 
 it to the profession." — Law Times. 
 
 "A really good treatise on this subject must be 
 essential to the lawyer : and this is what we have 
 
 here. Mr. Copinger has supplied a much-felt want,- 
 by the compilation of this volume. We have not 
 space to go into the details of the book ; it appears 
 well arranged, clearly written, and fully elaborated. 
 With these few. remarks we recommend his volume 
 to our readers." — Law Journal. 
 
 Third Edition, in 8vo, considerably enlarged, price 36^., cloth, 
 
 THE LAW OF COPYRIGHT 
 
 In Works of Literature and Art; including that of the Drama, Music, Engraving, 
 Sculpture, Painting, Photography, and Ornamental and Useful Designs ; together 
 with International and Foreign Copyright, with the Statutes relating thereto, and 
 References to the English and American Decisions. By Walter Arthur 
 Copinger, of the Middle Temple, Barrister-at-Law. 
 "Mr. Copinger's book is very comprehensive, 
 
 de«ling with every branch of his subject, and even 
 
 extending to copyright in foreign countries. So far -.,,,, j, , .u u i ■ r ■- 
 
 ^Xon^irnrRr^^s^-l^i^^^^^ t^'S^^""'-^ 
 there is an unusually good index. These are 
 
 merits which will, doubtless, lead to the placing of 
 this edition on the shelves of the members of the 
 profession whose business is concerned with copy- 
 ervedly, for the book is 
 " — SoHeitors^ Journal. 
 
46 STEVENS &• HAYNES, BELL YARD, TEMPLE BAR. 
 
 Third Edition, in One large Volume, 8 vo, price '^2s. , cloth, 
 
 A MAGISTERIAL AND POLICE GUIDE: 
 
 BEING THE • LAW 
 
 RELATING TO THE 
 
 PROCEDURE, JURISDICTION, AND DUTIES OF MAGISTRATES 
 AND POLICE AUTHORITIES, 
 
 IN THE METROPOLIS AND IN THE COUNTRY. 
 
 With an Introduction showing the General Procedure before Magistrates 
 both in Indictable and Summary Matters. 
 
 By henry C. greenwood, 
 
 STI-PENDIARV MAGISTRATE FOR THE DISTRICT OF THE STAFFORDSHIRE POTTERIES ; AND 
 
 TEMPLE CHEVALIER MARTIN, 
 
 CHIEF CLERK TO THE MAGISTRATES AT LAMBETH POLICE COURT, LONDON ; 
 AUTHOR OF "the LAW OF MAINTENANCE AND DESERTION," " THE NEW FORMULIST," ETC. 
 
 Third Edition. Including the Session 52 & 53 Vict., and the Cases Decided in tht 
 Superior Courts to the End of the Year 1889, revised and enlarged. 
 
 By temple chevalier MARTIN. 
 
 "A second edition has appeared of Messrs. Greenwood and Martin's valuable and 
 comprehensive magisterial and police Guide, a book which Justices of the peace should take 
 care to include in their Litiraries." — Saturday Review. 
 
 ' ' Hence it is that we rarely light upon a work which commands our confidence, not merely 
 by its research, but also by its grasp of the subject of which it treats. The volume before us 
 is one of the happy few of this latter class, and it is on this account that the public favour will 
 certainly wait upon it. We are moreover convinced that no effort has been spared by its 
 authors to render it a thoroughly efficient and trustworthy guide. " — Law Journal. 
 
 "Magistrates will find a valuable handbook in Messrs. Greenwood and Martin's 
 
 ' R^agisterial and Police Guide,' of which a fresh Edition has just been published." The 
 
 Times. . . 
 
 " A very valuable introduction, treating of proceedings before Magistrates^and largely of the 
 Summary Jurisdiction Act, is in itself a treatise which will repay perusal. We expressed our 
 high opinion of the Guide when it first appeared, and the fa:vourable impression then produced 
 is increased by our examination of this Second Edition." — Law Times. 
 
 " For the form of the work we have nothing but commendation. We may say we have 
 
 here our ideal law book. It may be said to omit nothing which it ought to contain." 
 
 Law Times. 
 
 " "This handsome volume aims at presenting a comprehensive magisterial handbook 
 for the whole of England. The mode of arrangement seems to us excellent, and is well 
 carried out." — Solicitors' Journal. 
 
 " The Magisterial and Police Guide, by Mr. Henry Greenwood and Mr. Temple 
 Martin, is a model work in its conciseness, and, so far as we have been able to test it 
 in completeness and accuracy. It ought to be in the hands of all who, as magistrates or 
 otherwise, have authority in ^matters of police." — Daily News. 
 
 " This work is eminently practical, and supplies a real want. It plainly and concisely 
 slates the law on all points , upon which Magistrates are called upon to adjudicate, system 
 matically arranged, so as to be easy of reference. It ought to find a place on every Justice's 
 table, and we cannot but think that its usefulness will speedily ensure for it as large a sale 
 as its merits deserve. " — Midland Counties Herald. 
 
 " The exceedingly arduous task of collecting together all the enactments on the subject 
 has been ably and efficiently performed, and the arrangement is so methodical and precise 
 that one is able to lay a finger on a Section of an Act almost in a moment. It is wonderful 
 what a mass of information is comprised in so comparatively small a space. We have much 
 pleasure in recommending the volume not only to our professional, but also to our 
 general readers ; nothing ca.\QjgJtim0^^y\M(^s&ft® than an acquaintance with the 
 outlines of magisterial jurisdictioJrana proceOure. ' — Sheffield Post. 
 
STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. 47 
 
 In 8vo, price \2s. 6(^. cloth, 
 THE LAW RELATING TO THE 
 
 ADMINISTRATION OF CHARITIES, 
 
 WITH THE 
 
 CHARITABLE TRUSTS ACTS, 1853-1894, AND LOCAL 
 GOVERNMENT ACT, 1894. 
 
 By THOMAS BOURCHIER-CHILCOTT, 
 
 'OF, THE MIDDLE TEMPLE, BARRISTER-AT-LAW.' 
 
 In one thick volume, 8vo, price 32J,, cloth, 
 
 THE LAW OE RAILWAY COMPANIES. 
 
 Comprising the Cowpanifes Clauses, the Lands Clauses, the Railways Clauses Consoli- 
 dation Acts, the RaSlway Companies Act, 1867, and the Regulation of Railways 
 Act, 1868 ; with Notes of Cases on all the Sections, brought down to the end of the 
 year i868 ; together with an Appendix giving all the other material Acts relating 
 to Railways, and the Standing Orders of the Houses of Lords and Commons ; 
 and a copious Index. By Henry Godefroi, of Lincoln's Inn, and John 
 { Shortt, of the Middle Temple, Barristers-at-Law. 
 
 i In a handy volume, crown 8vo, 1870, price ioj. (>d., cloth, 
 
 ! THE LAW OF SALVAGE, 
 
 j As administered in the High Court of Admiralty and the County Courts ; with the 
 \ Principal 'Authorities, English and American, brought down to the present time ; 
 
 and an Appendixj containing Statutes, Forms, Table of Fees, etc. By Edwyn 
 
 Jones, of Gray's Inn, Barrister-at-Law. 
 
 Jn crown 8vo, price 4J., cloth, 
 A HANDBOOK OF THE 
 
 LAW OF PARLIAMENTARY REGISTRATION. 
 
 WITH AN APPENDIX OF STATUTES AND PULL INDEX. 
 By J. R. SEAGER, Registration Agent. 
 
 Second Edition, in One Vol., 8vo, price \2s., cloth, 
 
 A COMPENDIUM OF ROMAN LAW, 
 
 Founded on thb InstitOtes of Justinian; togethp^' with Examination Questions 
 Set in the tTniversity and Bar Examinations (with Solutions), and Definitions of 
 Leading Terms in the Words, of the Principal Authorities. Second Edition. By 
 . GopasON Campbell, of the Inner Temple, M.A.jilate .Scholar of Exeter College, 
 Oxford; M.A., LL.D., Trinity College, Cambridge; Author of "An Analysis, of 
 Austin's Jurisprudence, or the Philosophy of Positive Law. " 
 
 In 8vo, price Ts. 6d., cloth, 
 
 TITLES TO MINES IN THE UNITED STATES, 
 
 WITH THE 
 
 STATUTES AND REFERENCES TO THE DECISIONS 
 OF THE COURTS RELATING THERETO. 
 
 OF LINCOLN S INN7 BARRISTER-AT-LAW ; AND OF THE AMERICAN BAR, 
 
INDEX 
 
 To the Names of Authars and Editors of Works enumerated in this Catalogue, 
 
 Aldred (P. ¥.), page 21. 
 Argjles (N.), 32. AsHwoRXH (P. A.), 21. 
 Attenborough (C. L.), 27. 
 Baldwin (E. T.), 15. 
 Banning (H. T.), 42 
 Beal (E.), 32. Bellewe (R.), 34. 
 
 Bellot & Willis, II. 
 Seven (T.), 8. 
 .Blyth (E. E.), 22. 
 Bourchier-Chilcott (T.), 47. 
 Brice (Seward), 16, 19, 33. 
 Brooke (Sir R.), 35. 
 Brooks (W. J.), 13. 
 
 Brown (Archibald), 20, 22, 26, 33, 40. 
 Browne (J. H. Balfour), 19. 
 Buckley (H. B.), 17. 
 
 BUCKNILL(T. T.), 34i 35. 
 
 Campbell (Gordon), 47. 
 
 Campbell (Robert), 9, 40. 
 
 Cecil (Lord R.), 11. 
 
 Chaster (A. W. ), 32. Chitty (J.J. C. ), 38. 
 
 Clarke (Sir Edward), 45. 
 
 Clauson (A. C), 17. 
 
 Cobbett (Pitt), 43. 
 
 COGHLAN (W. M.), 28. 
 
 Cooke (Sir G.), 35. 
 
 Cooke (Hugh), 10. 
 
 CoPiNGER (W. A.), 42, 45. 
 
 Corner (R. J.), 10. 
 
 Cotterell (J. N. ), 28. 
 
 Craies (W. F.), 6, 9. 
 
 Cunningham. (H. S.), 38, 42. 
 
 Cunningham (John), 7. 
 
 Cunningham (T.), 34. 
 
 Daniel (E. M.), 42. 
 
 Darling (C. J.), 18. 
 
 Deane (H. C), 23. 
 
 DeBruyn(D. P.),38. De Wal (J.), 38, 
 
 DiBDIN (L. T.), 10. 
 
 Duncan (G. W.), 17. 
 
 Duncan (J. A.), 33. 
 
 Edwards (W. D.), 16, 39. 
 
 Elgood (E. J.), 6, 18, 43. 
 
 Elliott (G.), 14, 
 
 Errington (F. H. L.), id. 
 
 Evans (M. O.), 20. 
 
 Eversley (W. p. ), 9. 
 
 FiNLASON (W. F.), 32. FoA (E.), II. 
 
 Foote (J. Alderson), 36. 
 
 Forbes (U. A.), 18. 
 
 Forsyth (W. ), 14. Frost (R.), 12. 
 
 Gibbs (F. W.), 10. 
 
 godefroi (h.), 47. 
 
 Greenwood (H. C.), 46. 
 
 Griffiths (J. R. ), 40. 
 
 Grigsby (W. E.), 43. 
 
 Grotius (Hugo), 38. 
 
 Hall (R. G.), 30. Hanson (A.), 10. 
 
 Hardcastle (H.), 9, 33. 
 
 Harris (Seymour F.), 20, 27. 
 
 Harris (W. A.), 47. 
 
 Harrison (J. C), 23. 
 
 Harwood (R. G.), 10 
 
 Hurst (J.), ii, 
 25, 28. 
 
 Joyce (W.), 44. 
 
 HiGGiNS (C), 30. 
 Houston (J. ), 32. 
 Hudson (A. A.), 12. 
 Indermaur (John), 24; 
 
 InDERWICK, II. 
 
 Jones (E.), 47. 
 Kay (Joseph), 17. 
 Kelke(W. H.), 6. 
 Kelyng (Sir j.), 35. 
 Kelynge (W.), 35. 
 KoTzfe (J. G.), 38. 
 Lloyd (Eyre), 13. 
 LoRENZ (C. a.), 38. 
 LovELAND (R. L.), 34, 35. 
 Lyon-Caen (Charles), 32. 
 Maasdorp (A. F. S.), 38. 
 McNaughton (D. N.), 19. 
 Macaskie (S. C), 7. 
 Mansfield (Hon. J. W.), 17 
 March (John), 35. 
 Marcy (G. N.), 26. 
 Martin (Temple C), 7, 46. 
 Mattinson (M. W.), 7. 
 May (H. W.), 29. 
 Mayne (John D.), 31, 
 Mellor (F. H.), 10. 
 Moore (S. A.), 30. 
 Norton-Kyshe, 40. 
 O'Malley (E. L.), 33 
 Pavitt (A. ), 32. 
 Pemberton (L. L.), 
 Phipson (S. L.), 20, 
 Porter (J. B.), 6. 
 Ratanlal, 26. 
 Reilly(F. S.), 29. 
 
 RiNGWOOD (R.), 13, 
 
 Salkowski (C), 14. 
 
 Salmond (J. W.), 13. 
 
 Savigny (F. C. Von), 20. 
 
 Scott (C. E.), 32. 
 
 Seager (J. R.), 47. 
 
 Shepherd (H,H.), 42. 
 
 Short (t\ H.), 10, 41. 
 
 Shortt (John), 47. 
 
 Shower (Sir B.), 34. 
 
 Simpson (A. H.), 43. 
 
 Slater (J.), 7. 
 
 Smith (Eustace), 23, 39. 
 
 Smith (F. J.), 6. 
 
 Smith (Lumley), 31. 
 
 Snell (E. H. T.), 22. Story 
 
 Tarring (C. J.), 26, 41, 42, 
 
 Taswell-Langmead, 21. 
 
 Thomas (Ernest C), 28. 
 
 Tyssen (A. D.), 39. 
 
 Van der Keesel (D. G.), 38. 
 
 Van Leeuwen, 3& Van Zyl, 38. 
 
 Waite (W. T.), 22. 
 
 Walker (W. G.), 6, 18,43. 
 
 Wertheimer (J.), 32. 
 
 Whiteford (F. M.), 33. 
 
 Whitfield (E. E.), 14. - 
 
 Williams (S. E.), 7. Willis (W.), 14. 
 
 ,38. 
 
 Peile (C. j.), 7. 
 18, 32. 
 
 Renton (A.W.), 10. 
 IS, 29. 
 
 .43- 
 
 hazlitt (w.), 29. Digitized JbyiMliP©:sei#®roN (S. w.), 29 
 
 BKADSURY, AGNEW, & CO, LD., FSINTEKS, LONDON AND TONBRIDGE. 
 
Digitized by Microsoft® 
 
Digitized by Microsoft® 
 
Digitized by Microsoft® 
 
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