of such a guide as the work before us peculiarly valuable. The book consists of two distinct parts-the Table of Statutes and the Index. The first of these is arranged in parallel columns, showing at a glance the year and number of each Statute, the subject with which it deals, and the manner in which it has been affected by subsequent legislation, if any, on the same subject. Repealed Statutes are included in the Tables, but are distinguished by italics.

The second part of the work, i.e., the Index to the Statutes, appears to be clear and accurate. It is hardly in our judgment sufficiently full, but it is only fair to say that it appears to be quite as full as the Index of English Statutes lately published by order of Government. An Introduction is prefixed to the work, giving a brief account of the origin and classification of Indian Statute Law. This part of the work is calculated to be of much service to all students of Indian law, as an explanatory sketch of the subject before them. The necessity of such an explanation is shown by the circumstance that there are no less than twenty-one different classes of laws prevailing in different parts of British India, and that these twenty-one different classes of laws have been made by eight different authorities. After such a statement we cannot do better than recommend every one who contemplates a plunge into the labyrinth to seek the guidance which Mr. Field's book is calculated to supply.

Humanity and Humanitarianism. By William Tallack. London : F. B. Kitto, 5, Bishopsgate Street. 1870.

MR. TALLACK's views, with reference to penal treatment and the prevention of crime, must always command respect. Indefatigable in his self-imposed task, that of bringing the English nation to condemn capital punishment both as barbarous and useless, he has touched and adorned the discussions upon reformatory treatment. The pamphlet before us urges, inter alia, that petty offenders should be confined a sufficiently long time to work out their own reformation and cost by industrial work, but at the same time cautions us against the system lately adopted in the United States of making the condition of a prisoner a luxury, and rendering his career safe, profitable, and even agreeable. The writer calls attention to the former almost perfect system of gaol discipline in Philadelphia, and laments its retrogression. Most justly does he deprecate the extreme severity of some English magistrates, but we should be glad to know under what law a man has been punished for trapping a fox. The remarks upon insanity are worthy of careful attention, and we gladly see that the principle of making parents of criminal children pecuniarily responsible for the cost of their maintenance in reformatories is warmly advocated. We concur with many of the writer's strictures upon capital punishment, and may give as an illustration of the alleged deterrent effect that within a few days of Mary Waters having been hung a woman attacks another, threatening that she will be the next to be hung at Horsemonger Lane. The observations upon prison labour and discipline merit consideration, and we would ask why

are military men, who have had the least previous experience of criminals and their habits, generally selected to deal with them. It seems somewhat absurd that these gentlemen are usually appointed governors of gaols and chief constables, frequently after long service abroad, and nearly always without any special qualifications for their post, beyond an alleged knowledge of discipline, a science not difficult of acquirement or involving any high mental education. We commend Mr. Tallack's treatise to all interested in the repression of crime.

The Criminal Law Consolidation Acts, with Notes of the Cases decided on their construction. By Edward W. Cox, S.L., Recorder of Portsmouth, and Thomas William Saunders, Esq., Barrister-atLaw, Recorder of Bath. Third Edition. London: Law Times

Office. 1870.

VERY seldom in so small a work do we find the contributions of so many eminent writers upon the subjects treated of. The principles of punishment, the Forfeiture for Felonies' Act and the Habitual Criminals' Act are carefully considered by Mr. Serjeant Cox, the able Deputy Assistant-Judge of the Middlesex Sessions. Mr. Greaves, Q.C., clearly explains the law of arrest without a warrant, while a very useful table of crimes and their punishments has been specially compiled for this publication by Mr. Purcell. In the necessarily small compass of this notice it is almost impossible to do justice to the book before us. The single subject of the principles of punishment is one of much difficulty. As the Lord Chancellor, in a recent debate in the House of Lords, argued, "How are you to gauge the feelings of those who are called upon to act?" Admitting this, Mr. Serjeant Cox asks, "But is it practicable to frame anything in the nature of principles for the guidance of the judgment in the meting out of punishments? I have put the question to many judges, who have had more experience than myself, and I have found their opinions to differ widely. Some declared the framing of rules to be difficult, and the adoption of them impossible; others pronounce positively against the practicability of either making or acting upon rules; a few have expressed belief that rules might be found, or at least some guiding principles discovered. But all are of one mind in admitting that such a work would be of the utmost value, if only it could be executed with even partial success." In the hope that the design may not altogether be impossible, Mr. Serjeant Cox has devoted his attention to the matter in an essay, which will be read by all magistrates with much interest. We do not, however, attach so much weight, as the writer evidently does, to the suggestion that meetings of magistrates, held periodically, would be of service in procuring greater unanimity in sentences. We believe it has already been tried by one body of stipendiary magistrates, and has not been so successful as it apparently de

serves.

The commentary on the law of forfeiture for felony constitutes an important portion of this work, and we entirely concur, it is much to be regretted that in the recent Statute opportunity was not taken to give the power of compensation and payment of expenses in cases of fraud, assault, and, in fact, in all offences attended with injury to the person or property of another, without reference to the ideal distinction between felony and misdemeanour. In the law of arrest without warrant, Mr. Greaves, the learned framer of the Consolidated Acts, gives his opinion upon an often recurring and imperfectly understood question of criminal law. To chief constables and others who have the direction of the police, Mr. Greaves' remarks are invaluable. The author shows most distinctly the error into which the Times has fallen when it stated broadly that "in a case of mere misdemeanour, indeed, except when a Statute enacts otherwise, a private individual is not justified in arresting without a warrant ; and even an officer is not justified in so arresting, unless the misdemeanour is committed in his presence." The general proposition (says Mr. Greaves) as to private individuals is partly correct and partly erroneous. It is correct as to the cases of omissions and neglects, which have already been mentioned (such, for instance, as the neglect to provide food for a child or apprentice, the neglect to repair a highway by a party bound to repair ratione tenuræ,) “but it is erroneous in numerous other cases; and the important question is whether it is not erroneous in every case where the party is caught in the act-and whether, in every such case, a private person may not lawfully arrest the offender without a warrant." After quoting many decisions, Mr. Greaves seems to be of opinion that there has been, from very early times indeed, a regular current of decisions and judicial opinions, that any private person may arrest an offender caught in the act of committing a misdemeanour, and consequently that Hollyday v. Oxenbridge was only an instance of a previous well known rule. The right of arresting affrayers and persons found committing offences by night, with many other matters, is subsequently argued, and quotations are made from all the leading cases. The next contribution, also from Mr. Greaves' pen, is a lucid exposition of the obscure law of attempts to commit crimes. Then follow all the Statutes, and portions of Statutes, referring to criminal law as affected by Statute, and by judicial decision from the passing of the Criminal Law Consolidation Acts, to the end of the last session of Parliament, accompanied by most valuable notes, and, a sine qua non in such a work, a most copious index easy of reference. are grateful to the writers for this book, which will be found a great assistance not only to those who have to administer the law, but to the legal profession. Devoid of pretence, simple and accurate in language, the essays upon the various subjects must ensure careful attention and considerable approbation. From their manner of treatment, the subjects may be read with interest by lay readers, while they resolve many doubts which have troubled our lawyers. We could only suggest that in a fresh edition, in order to make the

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