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Commentaries on the Criminal Law. By Joel Prentiss Bishop. Vol. i. Boston: Little, Brown, & Co.
The Practice in Courts of Justice in England and the United States. By Conway Robinson. Vol. i. Richmond: A. Morris. 1854.
THE two works whose titles appear suprà, will receive from us due notice when completed. The Commentaries on Criminal Law, by Mr. Bishop, appear to us to have been executed in a masterly manner; and in this volume, forwarded to us, the principles of this branch of law have been treated on a broad and comprehensive plan. Another volume, however, is forthcoming (we presume, not actually published), which "will be less adapted to non-professional readers, because it will proceed further in the department of Criminal Law than most of them will choose to go." We must reserve our criticism upon Mr. Bishop's Commentaries until we have them fully developed to us, and are enabled to form a judgment respecting their execution in regard to details. We think we have discerned amongst our legal brethren of the United States a greater grasp of mind in discoursing upon law and jurisprudence than is ordinarily exhibited on this side of the Atlantic; and hence, as we conceive, the fact that American law treatises attract far more than recently they did the attention and respectful consideration of English Lawyers.
Besides the above works, the following pamphlets have reached
A Plea for Reformatories, by Charles Ratcliff. London: Nisbet & Co. 1856.-Criminal Lunatics, are they Responsible? by J. Russell Reynolds, M.D. London: Churchill. 1856.-Observations on the Administration of Justice, by T. M. Cattlin, Solicitor. London: Wildy. 1856 (which contains many sweeping and important suggestions for improving the practice of our Courts, in regard to almost any one whereof many elaborate arguments might be urged).-Remarks on the Lunacy Laws, as also Asylums, of Scotland and France, by John Webster, M.D., F.R.S., &c. (reprinted from the Psychological Journal).
Events of the Quarter.
ARCHDEACON DENISON'S CASE.
Perhaps the most noticeable of all the various events of the past quarter professionally interesting is the sentence of deprivation passed on Archdeacon Denison, after an elaborate argument on both sides, in consequence of the opinion expressed by him on the nature of the Holy Eucharist. Such a sentence can hardly be viewed with indifference, or rather cannot be considered other than as momentous, even by those who least care for the theological aspect of the question. Proceedings begun by at least an inconsiderate zeal, and prosecuted with that odium theologicum sure to arise in any dispute of this sort, may possibly terminate in rending asunder a Church which has as yet succeeded in vindicating her title of National against attack from without and division within, and in driving from her pale (for avowing doctrines unquestionably held by the most eminent divines of the Reformation) some of her most zealous and conscientious members. We say this without any reference to the individual involved in this particular case, or to the merits of the decision recently given. On the latter point we expressly reserve our opinion, because the matter is still sub judice, owing to the appeal which has been made, and because we fancy the case will assume a somewhat different aspect when it comes to be argued before the Privy Council. We cannot, indeed, refrain, in passing, from an expression of regret that doctrines involving the most sacred mysteries of our faith should be made the bone of contention for rival litigants, and be discussed after much the same fashion as the points in a special demurrer. We deplore that questions, which are to our mind as far beyond human solution as those of the origin of life, or of the mode in which mind acts through the bodily frame, or as any other of the subtlest problems of science, and to which the awe of sanctity is, or ought to be, superadded, should be handled before the public gaze like things of vulgar use. Such a spectacle, gloss it over as we may, is a scandal to the Church in which it is enacted, and a reproach to that spirit (only too rife in Protestant communities) which leaves the "weightier matters" of the law for the hair-splitting of dogmatic theology. In these remarks we intend not the slightest reflection on the very able advocates engaged on either side, who certainly discharged their responsible and delicate duty with a moderation and decorum which did them infinite honour.
Of the decision arrived at by the assessor to the Archbishop, on which the sentence of deprivation has been founded, we offer at present no opinion, but shall probably take a future opportunity to treat the whole subject at considerable length. That decision, as is
well known, narrowed the question at issue to this point,-whether the doctrine propounded by the Archdeacon was or was not consonant with the interpretation put upon Scripture by certain of the Thirtynine Articles. This decision is based on the construction which the learned personage in question puts on the Act of Elizabeth; and thus the argument becomes, in its definite form, a strictly legal one. We have very good grounds for believing that grave doubts are entertained, in quarters where any expression of opinion on such matters must command the highest respect, whether Dr. Lushington's construction be the correct one, and we anticipate that much more will be said before the Privy Council than some of our contemporaries seem to imagine. We are disposed to think, from what has come to our ears, that the arguments for a reversal of the decision will have a great weight of authority in their favour; but for ourselves, we entirely reserve our judgment on the matter, and shall content ourselves for the present with a close observation of the further steps in this momentous litigation.
T. B. Burcham, Esq., Barrister, of the Norfolk Circuit, and Recorder of Bedford, has succeeded the late lamented Mr. Gilbert Abbot A'Becket as Magistrate of the Southwark Police-Court.
William Snagg, Esq., has been appointed Chief Justice of the Island of Antigua.
Lewis Morris Wilkins, Esq., has been appointed a Puisne Judge of the Supreme Court of Nova Scotia, and A. G. Archibald, Esq., to be Solicitor-General for that province.
Mr. S. Wauchope has been appointed to officiate as Chief Magistrate of Calcutta.
J. J. Wickson, Esq., has been appointed Crown Solicitor for Hong-Kong.
J. H. Gray, Esq., has been appointed Attorney-General, and J. C. Allen, Esq., Solicitor-General, for the province of New Brunswick.
13th. WYATT, John, Esq., senior bencher of the Inner Temple, aged 94.
28th. A'BECKET, Gilbert Abbot, Esq., barrister-at-law, and a magistrate of the Southwark Police-Court, aged 45.
6th. POLSON, F., Esq., of Lincoln's Inn, barrister-at-law, aged 48.
24th. CLARKSON, William, Esq., the eminent Crown lawyer, at Brighton.
VOL. II. NO. III.
List of New Publications.
Archbold-The Law of Partnership and Joint-Stock Companies, with or without Limited Liability, under the recent Act; with the Proceedings under the New Bills of Exchange Act. By J. F. Archbold, Esq., Barrister. Second Edition. 12mo. 58. cloth.
Archbold-The Practice of the New County Courts, including the Practice under the recent Statute (1856); with Addenda, comprising the Practice of those Courts under the Protection Act and the Judgment Debtors Act. By J. F. Archbold, Esq., Barrister. Sixth Edition. 12mo. 12s. cloth.
Cox-The Joint-Stock Companies Act, 1856, for the Regulation of Companies, with or without Limited Liability; with Introduction and Notes. By E. W. Cox, Esq., Barrister. 12mo. 4s. sewed.
Cor-The New Law and Practice of Joint-Stock Companies, with and without Limited Liability. By E. W. Cox, Esq., Barrister. Second Edition. 12mo. 7s. 6d. cloth,
Halliday-A Digest of the Examination Questions in Conveyancing, Common Law, and Equity, from the commencement in 1836 to the present time, with Answers, &c. &c. By R. Halliday, Solicitor. 8vo. 10s. 6d. cloth.
Harrison-The Joint-Stock Companies Act, 1856; with Remarks and a copious Introduction. By W. G. Harrison, Esq., Barrister, and G. A. Cape. 8vo. 3s. 6d. cloth.
Markham-The Common Law Procedure Acts, 1852 and 1854, containing an Abstract of every Case decided on their construction to the present time; giving new Precedents, Forms, with a mass of Practical Information, copious Notes, all the Regulæ Generales, &c. By T. H. Markham, M.A., Barrister. 12mo. 5s. cloth.
Oke The Magisterial Formulist; being a complete Collection of Forms and Precedents for Practical Use in all cases out of Quarter Sessions, and in Parochial Matters, by Magistrates, their Clerks and Attorneys; with an Introduction, Explanatory Directions, Variations, and Notes. By G. C. Oke. Second Edition, with considerable Additions. 8vo. 21s. cloth.
Paterson-The Practical Statutes of the Session 1856; with Introduction, Notes, Tables of Statutes repealed and Subjects altered, List of Local, Personal, and Private Acts. By W. Paterson, Esq., Barrister. 12mo. 9s. 6d. cloth.
Real Property-Notes on the Law of Real Property during 1855. 8vo. 2s. sewed.
Saunders-The Counties Police Acts (2 & 3 Vict. c. 93; 3 & 4 Vict. c. 88; and 19 & 20 Vict. c. 69); together with an Analysis of the Statutes, the Rules and Regulations under them, &c. By T. W. Saunders, Esq., 12mo. 5s. Gd. cloth.
Shelford-The Real Property Statutes passed during the reigns of William IV. and Victoria; including Prescription, Limitation of Actions, Abolition of Fines, Payment of Debts, Wills, Judgments, the Trustee Acts, and Leasehold Sales of Settled Estates; with copious Notes of Decided Cases and Forms of Deeds. By L. Shelford, Esq., Barrister. Sixth Edition. Royal 12mo. 25s. cloth.
Smith-A Treatise on the Principles of Equity. By J. S. Smith, Esq., Barrister. 8vo. 25s. cloth.
Standing Orders of the Houses of Lords and Commons relating to Private Bills, as amended in July, 1856; with Appendix, containing Table of Fees charged at the House of Commons, &c. 12mo. 58. cloth.
Warren Blackstone's Commentaries; systematically abridged, and adapted to the existing State of the Law and Constitution; with great Additions. By S. Warren, D.C.L., Q.C. Second Edition. Post 8vo. 18s. cloth.
Williams-A Treatise on the Law of Executors and Administrators. By E. V. Williams, Esq., Barrister (now the Hon. Mr. Justice Williams). Fifth Edition. 2 Vols. Royal 8vo. £3. 13s. 6d. cloth.
Wordsworth-The Joint-Stock Companies Act, 1856; with Introduction, Notes, Index, Forms, &c. By C. F. F. Wordsworth, Esq., Barrister. Fourth Edition. 8vo. 3s. sewed.