expenses of the men. The case was tried before the Lord Chief Baron, in London, when the plaintiff was nonsuited.

Bramwell, Q. C. now moved, pursuant to leave reserved, to set aside the nonsuit and enter a verdict for the plaintiff for the amount claimed. The captain had pledged the credit of the owner for these expenses- he assured the publican, when the men were removed from the vessel to his house, the owner would pay for them; he contracted on account of the owner. [PARKE, B.-Was the vessel delayed in consequence of the absence of these men, or was their presence on board necessary before the vessel could proceed?] No; others supplied their place; the vessel went on; the men remained at the plaintiff's house some time after.

PARKE, B. — The captain had no power, under these circumstances, to pledge the credit of the owner; and the defendant is not liable for these expenses. If it had been requisite for the vessel's proceeding on her voyage that these men should have been restored, the case may have been different; but that was not so; the vessel proceeded, and the men remained. The defendant is not liable.

POLLOCK, C. B. and ALDERSON, B. concurring.
Rule refused.

Notices of New Books.

A TREATISE ON THE CRIMINAL LAW OF THE UNITED STATES, comprising a Digest of the Penal Statutes of the General Government, and of Massachusetts, New York, Pennsylvania and Virginia, with the decisions of cases arising upon those statutes and a General View of the Criminal Jurisprudence of the Common and Civil Law. By FRANCIS WHARTON, author of "Precedents of Indictments and Pleas." Third Edition. Philadelphia: Kay & Brother, Law Booksellers and Publishers. 1855. That this work has proved valuable and acceptable to the profession, is shown by the fact that a third edition has been issued within the term of nine years. From the examination which we have been able to bestow upon it, we believe it calculated to supply the want often felt by prac titioners in the criminal courts, of a convenient and compendious work of Nisi Prius reference.

But it is also something more than this, and it appears well adapted for a guide in the preliminary studies which are necessary for a due preparation for the trial of a cause. We are glad to see that Mr. Wharton has not restricted himself to making his book a mere index of cases of common and statute law, but that he has drawn upon the too much neglected treasures of the civil law, and upon the modern jurisprudence of the European continent. We hope to see the same method adopted in treatises on other branches of legal science.

We have some doubt of the utility, in a work intended to elucidate the general principles of the criminal law, of attempting a digest of the penal statutes of the individual States of this Union. The diversities in our criminal legislation are as various as the circumstances and character of the different States. To digest the statutes of only a part of the States, is confessedly to construct a work on an imperfect plan. To embrace the whole, would make the volume too expensive and unwieldy to be of general and familiar use. Our criminal law is essentially statutory, at least with regard to crimes above misdemeanors, and, by consequence, local; and a practitioner in New York or Massachusetts can hardly be willing, in purchasing a treatise for his practical use, to pay also for a collection of all the statute criminal law of the States. The volume before us exceeds the usual size of works of the kind. It extends to more than eleven hundred large and closely-printed pages, yet only comprises the statute law of the United States and of four of the States. When the thirty-one, or the indefinite number to which we shall hereafter attain, are included, the work will be too ponderous for ready and familiar use.

The volume before us is well provided with copious notes and references, a full and minute index, and a table of the numerous cases cited. We believe it to be a valuable addition to the resources of the profession, and as such we wish for it its merited success.

A TREATISE ON THE LAW OF HOMICIDE IN THE UNITED STATES, to which is appended a series of Leading Cases on Homicide, now out of print, or existing only in manuscript. By FRANCIS WHARTON. Philadelphia Kay & Brother, Law Booksellers and Publishers. 1855.

This work is by the same author and from the same publishers as that just before noticed. It contains a compendious view of the law in the United States on the subject of Homicide, such as has not, to our knowledge, ever before been attempted. We argue well for the character of this volume, from that of the one just noticed by the same author. We are glad to find a chapter on the divisions of the crime of murder, into murder in the first and second degree - a distinction arising, we believe, in Pennsylvania by statute, from thence adopted in several other States, but unknown to the common law or to the criminal jurisprudence of Massachu setts. The table of contents, and of cases cited, and the index, appear to be well done, and the references are numerous. We welcome the work with the same commendations and good wishes that we have above bestowed on its elder brother.

INDEX.

rules to avoid in third circuit, Curtis's jurisdiction and practice, 417.
343.

Common Carriers of articles of cloth-