LAW. Art. 18. Reports of Cases argued and determined in the High Court of Admiralty; commencing with the Judgments of the Right Hon Sir William Scott, Michaelmas Term 1798. By Chr. Robinson, LL.D. Advocate. Vol. I. Royal 8vo. pp. 196. 5s. Boards. Butterworth. 1799. In our thirtieth volume N. S. p. 98, we announced this gentleman's report of a judgment given in the High Court of Admiralty on the Swedish Convoy, and then expressed the pleasure which wa felt from the promise that these Reports were to be continued. The pure and upright administration of municipal laws is an object of great importance to every country; indeed a subject of deeper interest can scarcely be conceived, if we except the enactment of the laws themselves, by the operation of which the lives and properties of individuals are to be protected, or oppressed and injured. The administration, however, of the law of nations, is of more general and extensive concern, as it involves in its discussions and decisions the commercial interests of foreign states; it therefore becomes a measure highly proper and expedient, that it should be generally known both in this country and abroad, in what manner, and on what principles, our tribunals administer this species of law. A publication of this description, when its fidelity and accuracy are unimpeachable, will at least prevent the danger of misrepresentation; a danger to which, from the opposite views and jarring interests of the disputants, jurisdictions of this nature are particularly exposed, and the ill effects of which are obvious and important. We believe that this is the first instance in which the decisions of the Court of Admiralty have been reported; though many valuable tracts on the law of nations, which must necessarily furnish the ground work of those decisions, have appeared at different periods. The great variety of cases which have occurred during the present war, the natural interest which attaches itself to a subject of such universal importance, and the high and deserved reputation for splendid abilities, incorruptible integrity, and deep and extensive knowlege, possessed by the Judge who presides in that Court, render this publication at this time highly acceptable. The questions argued in this volume are of such a nature, that they will not only convey information, but give pleasure to every rational and inquisitive mind; and the general as well as the professional reader will be gratified with the discussions which it contains.In the case of the ship Mentor, it was determined that the actual wrong-doer is the only person responsible in the Court of Admiralty for seizure; the suit therefore against the Admiral of the station was dismissed, he not having been privy to the fact. The discussion produced by this case is curious and interesting; and the decision appears to be perfectly satisfactory, and to have proceeded on just and equitable principles. The cases here reported are thirty-three in number, and the work is dedicated by permission to Earl Spencer. We trust that the accuracy and diligence shewn by the author, on the present occasion, G 2 wil will meet with such encouragement from the public as will induce him to persevere in so valuable an undertaking. Art. 19. The first volume of this publication was noticed in M. Rev. vol. xxi. N. S. p. 463, and we have now merely to announce to our readers the completion of the second; expressing a wish at the same time, that a greater degree of attention had been bestowed on the correction of the press. Art. 20. An Essay on the Learning respecting the Creation and Execution of Powers; and also respecting the Nature and Effect of leasing Powers; in which the Doctrine of the Judgment delivered by the Court of King's Bench, in the Case of Pugh and the Duke of Leeds, and the principal Authorities for and against it, are considered. By John Joseph Powell, Esq. Barrister at Law, of the Inner Temple: the Second Edition, corrected and enlarged from Modern Determinations. 8vo. pp. 650. 9s. 6d. Boards. Butterworth. 1799 We mentioned the first edition of this useful publication, on a difficult and abstruse subject of our law, in M. Rev. vol. lxxx. p. 69, and in addition to the praise which we then bestowed on the performance, we must now observe that the author has enriched it with. the insertion of many cases which have been decided in the interval, and with such remarks as the subjects of them appeared to require. Art. 21. An Abridgment of the Modern Determinations in the Courts of Law and Equity, being a Supplement to Viner's Abridgment. By several Gentlemen in the respective Branches of the Law. Vol. 1st, ABATEMENT-BYE-LAWS. Vol 2d, CANONS-CREDITOR AND DEBTOR. Royal 8vo. 11. 8s. Boards. Butterworth. 1799. The great work, to which the present publication is intended to form a Supplement, appeared between the years 1741 and 1751; and, though it labours under the faults of an erroneous arrangement and frequent repetitions, it must still be considered as a valuable body of law and equity, and as constituting a necessary part of every lawyer's library. Since the year 1751, a number of excellent reports have been given to the profession; Wilson, Burrow, Cowper, Douglas, and the Term Reports both in the Courts of King's Bench and Common Pleas, not to mention a great variety of Chancery Re porters, have all appeared since that time, and have published many cases which deserved and demanded insertion in a general digest of the law. To accomplish this desirable purpose is the object of the present work, which will be continued till the whole alphabet is completed. We now only announce to our readers the publication of the first two volumes, reserving our opinion of the merits of the exe. cution till the whole performance is before us. Art. 22. A Treatise upon the Law of Legacies. By R. S. Donnison Roper, Esq. of Gray's-Inn, Barrister at Law. Svo. pp. 250. 4s. 6d. Boards. Butterworth. 1799. It has been the author's object, in the present performance, to collect most of the cases on personal bequests, and to extract from them principles, (as far as the nature of the subject admits of being reduced to principles or positive rules,) which may be applied to questions in similar circumstances. We do not recollect any work which has treated on legacies alone, though that branch of our law must necessarily find a place in every treatise on the duty of executors, since it constitutes an important part of that duty. For the purpose of avoiding prolixity, Mr. Roper has given references only to the cases; excepting in a few instances, where a statement of the substance or material parts of them appeared necessary to illustrate the reasons on which they were determined. We approve this prac tice, and greatly prefer it to the usual mode of extracting large portions from the reports; by which means, books are easily made, without trouble or discrimination on the part of the compiler, and the shelves of a lawyer's library are filled again and again with the same matter in different shapes. We were surprized at not finding, in the chapter which treats of the jurisdiction of courts in legatory matters,' the cases of Atkins against Hill, B. R. E. 15 Geo. III. Cowp. 284. and Hawkes against Saunders, B. R. H. 22 Geo. III. Cowp. 289. in which it was decided that an assumpsit lies upon a promise by an executor to pay a legacy in consideration of assets. The subsequent case of Deeks against Strutt, B. R. T. 34 Geo. III. 5 T. R. 690. is mentioned by the author, in which it was decided that no action at law ties for a legacy :-but, in this fast case, it is observable that no express promise on the part of the defendant was made to pay the legacy; and it was there said that the law will not imply a promise in consideration of there being a sufficiency of assets. This determination proceeds on the reason of courts of equity being competent to render more substantial justice to the parties, than courts of law. Art. 23. A complete System of Pleading; comprehending the most approved Precedents and Forms of Practice; chiefly consisting of such as have never before been printed; with an Index to the principal Work, incorporating and making it a Continuation of Townshend's (Townsend's) and Cornwall's Tables, to the present Time; as well as an Index of Reference to all the antient and modern Entries extant. By John Wentworth, Esq. of the InnerTemple, Barrister at Law. 10 vols. Royal 8vo. 61. Boards. Robinsons. 1797-1799: The first volume of this extensive production was announced in our 22d vol. N. S. and we mentioned in that article that Mr. Townsend (not Townshend) published his tables in the year 1667; and that, in the year 1705, Mr. Cornwall's Continuation appeared. The present work professes to be not only a continuation of the two former compilations, but also to incorporate the contents of these volumes. Was such a measure necessary? G 3 Judgment Judgment in selection, and accuracy in transcribing, are the only qualities that can be expected in a production of this nature; which must be considered merely in the light of a collection of precedents, and an index to printed forms. Neither of these qualities appears in any eminent degree to belong to Mr. Wentworth; for we perceive precedents accumulated with slight variations; and the mistakes discoverable in the work are so numerous, that the pleader must exercise his caution when he applies to these volumes for assistance. Art. 24. Practical Forms; being chiefly designed as an Appendix to the Practice of the Court of King's-Bench in Personal Actions, By William Tidd, Esq. of the Inner-Temple. 8vo. pp. 6ca. 9s. Boards. Butterworth. 1799. We have frequently noticed Mr. Tidd's Book of Practice in terms of commendation; and our praise has been sanctioned by the approbation of that court, the proceedings of which it professed to. illustrate. This new collection, which is intended principally as an appendix to the author's former production, contains a great variety of practical forms, taken from different printed books, as well as from the author's own MSS. These forms are placed in the volume before us in the order in which they occur in the course of a suit, so as to exhibit the general progress of the proceedings, and the particular varieties attending them. The work furnishes an additional proof of the judgment and information of the writer, and incontestably shews that the greatest attention has been paid to method and arrangement: circumstances not to be disregarded in a compilation of this nature. POLITICAL, &c. Art. 25. Thoughts on Government, with a short View of the comparative Political Freedom enjoyed in France, America, Britain, &c. dedicated to The Sovereign People. By George Watson, Esq. 8vo. 13. 6d. Chapple. 1799. The irony of the dedication indicated to us the complexion of this pamphlet; which strongly reprobates all republican and democratic governments, as the most destructive of liberty. At first sight, (says Mr. Watson,) a republican form of government seems the least exceptionable; but upon an analyzation of its principles, and a knowlege of its effects, it may, perhaps, be pronounced the most so, because the people are slaves to the worst of all tyrants-themselves." He is not more partial to the Aristocratical form. Degrading as is monarchy, it is still preferable to the yoke of a proud factious nobility.' If I am asked under which of the three forms of unmixed government I should choose to live, I would answer without hesitation, "under a Monarchy." There, it is true, I should be the slave of a despot, and my life would be subject to his will; but I should not be the sport of riot and faction.' It is allowed that no human government can be perfect: but that constitution which most discourages vice, and most promotes the practice of virtue, is the nearest to perfection. The present French constitution Constitution does not appear to be of this kind; and yet, according to Mr. W.'s account of the best political system, we may be allowed to wonder at hearing him say that it would be happy for France could she regain her old form of government, however exceptionable.' If she must change, why change from one extreme to the other? Why not adopt the limited monarchy of Great Britain; which is pronounced to be more perfect, and likely to endure longer, than any other constitution in the world? Of the British constitution, the author exhibits a 'very engaging picture; and so far from his having any fears from the influence of the Crown, his apprehensions arise from the opposite quarter. Strange as it may appear to some, I will boldly assert my belief, that, if not properly restrained, the superior influence of the people will swallow up the power of the Crown.' We leave Mr. W. in the full and uninterrupted enjoyment of this part of his political creed; and we will not ask for the facts on which he builds his opinion. Art. 26. A Word for the Poor or general Thoughts, candidly submitted to the good Sense, Discernment, and particular Consideration of the British Public, on the late scanty Harvest, and the dreary Prospect of a hard Winter. Interspersed, are a few homely, but wholesome, Hints (if rightly taken) to all deep Speculators and greedy Monopolists, whether Farmers or Cornfactors, Usurious Contractors, Forestallers, Engrossers, or Regraters. With a Glance at Levellers,, and a parting Word of Admonition to the Poor. By a true Lover of his Country. 8vo. 18. Hurst. 1799 Some writers are like bad coachmen; they cannot conduct a subject along the road of discussion, without running foul of every idea with which they happen to meet. From the title, we conceived that the author of the pamphlet before us was of this number: but we were deceived; and he has disappointed us in another way. He has induced us to expect more than we found. He has painted more on his board than his shop furnishes. Instead of General Thoughts, Hints, Glances, and Parting Words, the pamphlet is little more than a sermonic declamation on the words he that with-holdeth corn, the people shall curse him.". These words are repeated as often as a fanatical preacher repeats his text in the course of an extemporaneous address; and though it is said that a good thing cannot be told too often, we are of opinion that a good thing may be printed too often, when paper, like corn, is become a very scarce and dear article. The intention of the writer is certainly benevolent: but we fear that such general hints as those which he throws out are not calculated to do much good. Art. 27. Speech of the Earl of Glandore in the House of Lords of Ireland, on Friday February 13, 1789, upon a Motion to agree with the Commons in an Address to His Royal Highness the Prince of Wales, to take upon him the Regency of that Kingdom, during the Incapacity of the King. 8vo. pp. 13. Dublin. $799. This |