« AnteriorContinuar »
to which it is applied, and will be refined at last into a mere word, of logical definition. In this case it will owe all it's power as a motive to action to habit, or association ; for it is so immediately or in itself no longer than while it implies a sentiment, or real feeling representative of good, and only in proportion to the degree of force and depth which this fecling has.
Art. 14. A Practical Treatise of the Law of Vendors and Purchasers
of Estates. By Edward Burtenshaw Sugden, of Lincoln's Ina. 2d Edition. 8vo. 168. Boards. Butterworth. 18c6.
This publication displays not only diligence but considerable act. men ; it indicates a mind that feels principle, and is able to follow it through a series of decisions, till it discerns where it has prevailed and where it has been discarded. --Its subject being of the practical kind, the work embraces various heads of the law, most of which are satisfactorily treated; and though, as is usual in law treatises, the composition is without pretensions, strength and clearness mark the conceptions of the writer. If, as we think, he sometimes controverts authorities and sometimes submits to them without reason, we readily own that wherever he appears in propria persona, his observations are pertinent and forcible.
The practitioner will find this work a very convenient assistant ; while the student will meet in it with numerous doctrines of the law correctly stated, and judiciously applied. It is said that legere maul tum, non multa, makes a man learned ; and we are of opinion that acribere multum, non multa, is a maxim highly deserving of attention.
In order to give the reader an idea of the contents of this volume, we shall lay before him an analysis of those of one chapter ; which treats of the title which a purchaser may require.'
Mr. S. first considers title as it arises from length of possession : he next examines what securities the vendee of an estate may insist on having produced : he then treats of the right of a lessee to see the title of his lessor, and that of the assignee of a term to see that of the original grantor : he next investigates the circumstances of insecurity in the property assigned to a wife for her jointure, which give a right to a veudce of other lands of the husband to have a fine levied on them; and finally he states the incidents which may occasion sixty years' possession not to furnish a good title. It is obvious that, in order to effect this, it must be adverse : but it is even possible, he observes, for an estate to be enjoyed adversely for hundreds of years, and be at last recovered ; as in the case of an estate limited to one in tail, with remainder over to another in fee, and the tenant in tail 10 be barred of his remedy by the statute of limitations, it is evident, as his estate subsists, the remainder man in fee's right of eutry cannot take place until the failure of issue of the tepant in tail ; which may pot happen for an immense number of years, but, whenever it does happen, the remainder man in fee may enter at any time within twenty years afterward. This is exemplified in the famous case of Taylor and Horde.
Art. 15. An Abridgment of the Law of Nisi Prius. Part I. Con
taining twelve Chapters under the following Titles : 1. Account. 2. Adultery. 3. Assault and Battery. 4. Assumpsit. s. Attorney. 6. Auction. 7. Bankrupt. 8. Baron and Feme. 9. Bills of Exchange. 10. Carriers. 11. Common. 12. Consequential Damages. Svo. gs. Boards. Brooke. 1806.
The learning and accuracy which distinguish the Treatise on Nisi Prius Law designated as the work of Mr. Justice Buller, but which originated with Mr. Justice Clive, and the better arrangement of a later publication, do not render unnecessary an attempt like the present. As a part only of the undertaking now lies before us, we shall content ourselves with observing that the chapters which have been executed do credit to the judgment, industry, and information of its learned
compiler. Of the particulars of the plan, and the merits of its - accomplishment, we shall forbear speaking till we possess the entire perforinance. Art. 16. A Treatise on Conveyancing, with a View to its Applica
tion to Practice ; being a Scries of Practical Observations, written in a plain familiar Style, which have for their Object to assist in preparing Drafts, and in judging of the Operation of Deeds, by distinguishing between the formal and essential Parts of those Deeds, &c. in general Use, being a Course of Lectures, with an Appendix of select and appropriate Precedents. By Richard Preston of the Inner Temple, Esq. Author of the Elementary Treatise on the Quantity of Estates, &c. &c. : 8vo. ios. Boards. Clarke. 1806.
'Though the practitioner may find nothing in these pages but sound law, and may feel grateful for the forms which constitute the Appendix, he will still be of opinion that his obligations would have been coni: siderably enhanced, if Mr. Preston had bestowed some pains on digesting and arranging the matter which is here accumulated with. out any regard being shewn to method or language. When Gentlemen appear before the public, 'even as authors and compilers of Law Books,
no reason which releases them from the observance of rules that are binding on writers in other lines. We conceive it to be incumbent on them to give to their compositions all the excellence of which the didactic style is susceprible. Blackstone has set the example, and is himself a model in this respect ; and in no works can method and perspicuity be more important than in law treatises.--It is true that every practising lawyer must have recourse to all the authorities on which text books are founded, and that to him it is not important how they are drawn up, since they can serve him for little else than as Indices of reférence : but we still maintain it to be the duty of an author to approach as near as he can to perfection in the kind of composition which he attempts. Art. 17. An Elementary Treatise on Pleading in Civil Actions. By
Edward Lawes of the Inner Temple. 8vo. 75. 6d. Boards.
In this treatise, we meet with that succesful arrangement, and that perspicuity of statement, which constitute the chief merit of performances of this kind; while many observations and hints are here given, which will excite the curiosity and stimulate the researches of the attentive and diligent student. The addition of the specimens of the different style of pleading at different periods was a happy idea, and will much assist the attainment of liberal and enlarged views of what is here termed a science, but which we think is more an art, we mean, Pleading.
Mr. L. gives us reason to expect from bim a larger book on this subject. The present specimen makes us strongly wish that he may fullil his engagement; since we have no doubt of his proring equal to this nice and intricate undertaking, and such a work is a great desideratum. - This Gentleman is not, we understand, the worthy and very deserving counse! of the same name, who is 60 well known and estcemed in the King's Bench.
Art. 18. Remarks upon “ A Bill [as amended by the Committee]
for promoting and crucouraging of Industry amongst the labouring Classes of the Community, and for the Relief and Regulation of the necessitous and criminal Poor. Orilered to be printed 24th Feb. 1207." By One of His Majisty's Justices of the Peace. 8vo.
I s. 6d. Lackington and Co
It is strange that this Magistrate should hesitate in admitting so obvious a fact that “the Poor's Rates have been for many years in a state of increase.” The complaint is not that the number of poor is greater than it was a century ago, which may occur on the ground of an increased population, and yet no evil be felt, but that the
proportion of the poor’s rate to the renital is much higher than it was for. merly; and no doubt can be entertained of the truth of this state. ment Persons who have given much attention to the subject are thoroughly convinced of the existence of material defects in our poor laws, and particularly as they do not provide against the evils of an immoral education. Here, however, the Justice of Peace is at issue with the framers of the New Bill; for he is fearful of the sad consequences of teaching the poor to read and write : but if lie compares that part of the empire which has a free school in every parish, with that which leaves the poor in total ignorance, and if he be open to the instruction which experience dictares, he will find that less immorality, less licentiousness, and less idleness prevail among the educated Scotch than among the illiterate Irish. The Tory Dr. Johnson had different ideas on this subject from the remarker before us: ht observed that writing and reading is nothing when it ceases to be a distinction: that a laced waistcoat is a distinction when worn only by a few; but when all wear laced waistcoats it ceases to be so. The clauses respecting setilements, for equalizing county rates, and for reducing the poor-rate in trading and manufacturing lowns, at the expence of the respective counties, require much deliberation ; and we trust that thuc hints which tlic dlagistrate has suggested will meet with due at
tention. We most cordially agree with him that the number of Alehouses is a serious evil, and that they are the sources of disorder and crime among the lower classes. Art. 19. The State of the Case, addressed to Lord Grenville and
Lord Howick. 8vo. Hatchard. Whether the causes assigned for the late change in administration were merely ostensible or otherwise, it led to a very singular discussion in Parliament, which called forth all the energy, not to say the acrimony of party. Some were animated by interest, others by fear, and others by a conviction of the importance of the subject to the welfare of the Empire. Of the last we believe the number to be considerable: but we apprehend that, in the present corrupt state of so. ciety, that number is surpassed by the multitude of alarmists and court sycophants. We have been concerned to read the intemperate expressions which were employed in the late debates, and still more lurt at, the unwarranted insinuations conveyed in some late addresses. Can any man say that the case of Ireland does not require the assistance of some able political physician; or can he honestly assert that the relief, which the late Ministers meditated to extend towards her, was calculated to endanger the Protestant religion? As Protestants, we ought to be more liberal, and as Britons more just.—The writer of the present pamphlet does not enter into the merits of the Catholic claims, nor examine the advantages which were likely to accrue from the system projected by the late Ministers : but he accuses them of a dereliction of principle; of betraying the confidence of the King; and of entering a Manifesto against him on the minute-book of the Privy Council ; in consequence of which, the most marked reprobation of their conduct is here expressed, and the necessity of the pledge required of them, and even of their being driven from office, is maintained. As an expedient for removing them from office, the pledge, whoever advised it, was a dextrous measure :-— by the mere pro. position of it the late Ministers were thrown on the horns of a dilemma ; and whether they consented or not, they were sure of being thrown out, since by consenting they must lose the confidence of the country, and by refusing must forfeit that of the King. By this project, however, it cannot be said that the King was a gainer. His late Ministers had consented to withdraw the Catholic bill altogether; and had they on any future occasion proposed a similar measure, His Majesty was ar full liberty again to express his displeasure. The more, therefore, we survey the grounds on which the Outs and the Ins stand, the more we are persuaded that the Catholic bill is not the sole bone of contention.
This writer carries his enmity against Lord Grenville so far as to accuse him of contriving the prosecution and impeachment of Lord Melville, in order to remove his dangerous rival for the office of prime minister:--but, if we recollect accurately, the proceedings against Lord Melville originated in the Reports of certain Commissioners, to the appointment of whom Lord G. was not in any way accessory: In perfect unison with his condemnation of the late ministers, and dislike of their parliament, this writer speaks of a dissolution as a popular measurs. Ff2
Art 20. Reasons for not making Peace with Bonaparte : to which is
added a Postscript. By William Hunter, Esq. Second Editiull, Corrected. 8vo. pp. 119. 28. 60. Stockdale. 1807.
Though a devoted admirer of the late Mr. Pitt, this writer entertained a favourable opinion of the administration which a sort of political hurricane has recently overi urned. His sentiments on our internal politics are manly and liberal ; and we concur with him in all that he says in commendation of the abolition of the Slave Trade, and of the new regulations of our military system : but we cannot unite with him in censuring the American Intercourse Bill, or the pacific disposition displayed towards the United States : necessity was the parent of the former of these measures, while obvious policy pre. scribed the latter.--Mr. Hunter was hostile to the late negotiation, but he bestows liberal praise on the manner in which it was conducted on our part ; and his remarks on this subject bespeak an impartial and well informed mind.. Various other topics are introduced into this pamphlet, on which we differ tato calo from Mr. H. : but, ad. mitting his views to be correct, the composition is altogether credit, able to the writer. Art. 21. Cursory Reflections on the Measures now [lately] in Agita
tion, in Favour of the Roman Catholies of the United Kingdom. By a Loyal Irishman. 8vo. 28. 6d. Haichard. 1807. Accustomed to lend a patient ear to all parties, we have listened with attention to this loyal Irishman ;' whose loyalty, however, is accompanied with furious violence, a most unbecoming temper, and very indecorons language. Weighing impartially all that this angry writer has said, we do not find ourselves shaken in the opinion that liberal, mild, and gentle treatment towards religious parties is equally our duty and our sound policy. We have read of religious establish. mients having been subverted, which emoluments and privileges ag. grandized, and which penalties and exclusions fenced and protected: but we know not any instance in which a religious establishment has suffered injury from too great leniency being shewn to separatists. The experience of modern times is altogether in favour of this important practical proposition. Alas! How unfortunate that, in this age of improvement, the moment in which we should most anxiously study to unite all in the cause of the country should be selected in order to rekindle and infiame religious ani'nosities; and that there should be statesmen who, without a blush, could have recourse to these dangerous means in order to serve party purposes ! The enlightened of this day ought to discountenance the unworthy and mischievous stratagem.
It was the opinion of Mr. Burke that the Popery code formed one consistent whole, and that it must stand or fall together. Those who applauded his foresight iu regard to the French Revolution, and the confederacy which was formed to resist it, deny his authority on the present subject, though they well know that it was one to which he had given lorg and anxious attention; and certainly it is not one more difficult and large than those in which they admit his decisions to have
been well founded. His ductrine with respect to the Popery code embraces a comprchensive proposition : but we are con, 3