of generality from the law of nations in its widest sense, including the philosophy of public law, to the various branches of international law as now understood and its auxiliary learning. No such comprehensive guide to the literature of the subject has yet been produced or, so far as we know, planned. The materials were supplied by the author's own collection, which he offered to present to the Spanish Ministry of Foreign Affairs, and actually placed in its custody for two years, but under conditions intended to secure its proper preservation and maintenance. When it appeared that there was no prospect of the conditions being fulfilled, he reluctantly reclaimed his books, not altogether intact.

The collection is naturally rich in Spanish works, and will doubtless give much new information to historical students of the subject: but a catalogue which includes Also sprach Zarathustra' as a work dealing with public law cannot be said to lack comprehensiveness of aim in other tongues. English is apparently the weakest point. The literature of the Monroe Doctrine (not that we consider this really to belong to international law) is certainly much more voluminous than the reader can learn here; Bentham's works appear, by an unlucky misprint, as having been edited by one 'Browning'; and we read of a writer on constitutional history called 'Maucalay.' Indices of authors and subjects are promised for the third and final part. Meanwhile the order of the works enumerated is chronological within each heading, but according to the date of the edition used; we hope the date of the first edition will ultimately be given for all important works.

The slight and mechanical blemishes incident to the printing of a catalogue dealing with works in many languages must not be supposed to detract from the general merit of this most laudable and remarkable performance.

The Relationship of Landlord and Tenant. By EDGAR FOA. Fourth Edition. London: Stevens & Haynes. 1907. La. 8vo. clix and 957 pp. (308.)

WE are glad to see from the preface that the author recognizes the evil of increasing the size of a book on every fresh edition, but he seems to think that it is impossible to prevent it. We do not think the difficulty is insuperable. Most law books could be cut down without any great difficulty and with much advantage to themselves and their readers. But the process is laborious, and few authors or editors seem inclined to undertake it. The process must, however, be sooner or later undertaken, otherwise the book grows and grows until it becomes unwieldy, and then is superseded by a smaller and more convenient volume. We are not saying that the volume before us is of inordinate length; we are only expressing a hope that so good a book will not become too bulky and share the fate of all unwieldy works. To some extent the increased size of the present volume is due to recent legislation. The new Agricultural Holdings Act and the Small Holdings and Allotments Act could not well be left out. But we should have preferred to see the latter placed in an appendix, and not in an addendum of twenty closely printed pages. So large an addendum is apt to give one a sense of incompleteness.

Turning from form to substance, we have little to complain of and much to commend. We have tested the book in many ways, and it has not been found wanting. In particular we have scrutinized the parts devoted to outgoings and assessments, upon which there have been so many cases lately, and we have found the subject fully and clearly dealt with and

brought well up to date. We also examined the chapter on Assignment, especially those parts of it which deal with covenants running with the land and assignment of reversions, and here again we find a full and lucid treatment of the subject. The recent and important case of Woodall v. Clifton [1905] 2 Ch. 257 in this connexion is well handled and properly explained.

There is one point, however, upon which this and other textbooks fail to satisfy us, and that is on the question how the costs of a lease are to be borne. It is said (on p. 333) to be the ordinary practice in large towns for the lease to be prepared by the lessor's solicitor at the expense of the lessee. We have never been able to understand why this should be so, nor are we quite sure that, apart from agreement, it ought to be so or is so. If it is merely a practice, then it is not binding apart from contract. If it is the law, then the practice goes for nothing. Is it the law? The first case cited, Grissell v. Robinson, 3 Bing. N. C. 10, seems to us to be far from conclusive, and the subsequent cases seem merely to restrict the right, assuming that it exists. The question is one of importance and daily occurrence, and ought not to depend upon practice even if it is universal, which it is not.

The book has an excellent table of cases and a good index, though the latter would be greatly improved by being more alphabetical. On the whole we can strongly recommend this latest edition of a work which deals very ably with a subject of undoubted difficulty.

Select Essays in Anglo-American Legal History. By various authors. Compiled and edited by a Committee of the Association of American Law Schools. Vol. I. Boston, Mass.: Little, Brown

& Co. 1907. La. 8vo. ix and 847 pp.

THE compilers of these chapters have done their work not only with all due consents had and obtained, but with excellent judgment, and the result is a conspectus of the general development of the Common Law, not so good as an ideal Blackstone with our present knowledge might make it, but better than any one or two or three men are likely to make it for some time to come. Most of the contributors are or were lawyers of repute, or more; Maitland's admirable Rede lecture on English Law and the Renaissance, probably not easy to meet with otherwise in America, is included bodily. But the editors have not confined themselves to the legal profession; they have borrowed a chapter on Henry II's justice from Mrs. J. R. Green, omitting some paragraphs of extra-forensic history. One very good contribution, The Five Ages of the Bench and Bar of England,' by Mr. John Maxcy Zane, of the Chicago Bar and the North-western University, is new. Mr. Van Vechten Veeder's 'A century of English Judicature' shows a critical appreciation of modern English judges which, if it were not before our eyes, we should not have thought attainable even by a good lawyer and a diligent reader of the reports without intimate personal knowledge.

6

Les fondations en Angleterre

étude de droit comparé. Par JEAN
1907.
1907. La. 8vo. ix and

ESCARRA. Paris: Arthur Rousseau.
422 pp. + 1 leaf. (10 fr.)

It would be a sufficiently remarkable feat for a French lawyer to have produced an accurate summary of the legal history of charitable gifts in England. But M. Jean Escarra has done more than this, so much that, if we mistake not, English as well as French scholars ought to be thankful for

this book. He has neglected nothing from the earliest Anglo-Norman conveyancing to the current form of a scheme settled by the Charity Commission, which he sets out in an appendix, and he has followed Maitland's example by considering our doctrine of trusts in the light of Continental theories of corporate personality. He has faced the intricacies of the Statute of Uses, and knows how to distinguish the operation of the Thellusson Act from that of the rule against perpetuities, a point on which English writers are sometimes fallible. We very much doubt whether so systematic and adequate a treatise on the whole subject is to be found in English. M. Escarra appears to have mastered the literature both historical and technical with the thoroughness of a good scholar trained in a good school. We could not vouch for the accuracy of all the details without a very minute examination, but we have no reason to doubt the general soundness of the work. A certain number of merely clerical and mechanical errors in proper names and the like, almost inevitable in the passage of English extracts and citations through a French press, do not call for animadversion.

The Merchant Shipping Acts. By ROBERT TEMPERLEY and HUBERT STUART MOORE, assisted by ALFRED BUCKNILL. Second Edition. London: Stevens & Sons, Lim. 1907. La. 8vo. xevi and 900 pp. (308.)

THIS work when it first appeared in 1895 was concerned exclusively with the great Act of 1894, which practically repealed and re-enacted in a consolidated form all previous legislation relating to Merchant Shipping.

In strictness, therefore, the present book is a second edition of that of 1895 only in so far as the Act of 1894 is dealt with, while it is an original edition in respect of the subsequent legislation. And indeed, although in its character of a second edition it is to be sincerely welcomed, the authors in their preface admit that its appearance in this capacity is mainly due to the necessity felt by them for amending their original work by the addition thereto of Mr. Lloyd-George's important Act of 1906-an Act to amend the Merchant Shipping Acts, 1894-1900. (Three Acts of minor importance had been passed in 1897, 1898, and 1900.)

The book is a monument of industry, careful comparison, and exact knowledge, and nothing has been spared to make the Acts intelligible to all willing to understand them, but to many of whom, perhaps, opportunity for prolonged study is denied.

The notes appended to the successive sections of the Act of 1906 are naturally without citation of cases decided under them; but they contain, where applicable, careful reference to cases previously decided, as also to sections of the principal Act (1894) which have any bearing on their interpretation.

The labour of this must have been very considerable, but the convenience of it to the student can scarcely be overestimated.

The notes to the Act of 1894 have been enlarged and brought up to date by reference to, and short explanations of, a large number of cases decided since the first edition appeared, and leave little, if anything, to be desired. Those on the sections dealing with Wreck and Salvage, and Limitation of Liability, are especially well arranged and exhaustive. The table comparing the sections of previous Acts with those of the Act of 1894 repealing them, which appeared in the first edition, is reproduced in the present one; by which means the modification of law effected by the repealing Act can VOL. XXIV.

H

be readily identified. This useful book should continue to be, what its first edition has made it, a necessity to that large section of the community, the success of whose occupations in great measure depends on a practical acquaintance with the operation of these important legislative enactments.

The Law relating to Freight. By J. E. R. STEPHENS. London: The Syren and Shipping, Lim., and Sweet & Maxwell, Lim. 1907. 8vo. xxiii and 222 pp. (78. 6d.)

THIS is the second of a series of handbooks on Shipping Law, in course of being issued by the Syren and Shipping, Lim., the first of which, The Law of Demurrage, by the same author, appeared in April of last year, and was noticed in the next succeeding number of this REVIEW. Mr. Stephens has again opened with a chapter entitled Definitions, which, though perhaps not the most important of the total number of seven, comprises rather more than one-fourth of the entire book. Yet it is not too long, for it is only by establishing the true significance of technical commercial terms and figures of speech, that a treatise of this nature can be understood.

In this chapter the author gives-inter alia-by reference to decided cases, a short and accurate illustration of the principles of law controlling the payment of freight advance, and shows how this principle may be modified by express stipulation in a contract of affreightment. This is frequently a source of difficulty.

An explanation is also to be found of the meaning of 'dead freight,' a commercial expression not always understood, even by shipowners or their underwriters.

But where did Mr. Stephens find the expression back freight'? It is at least not general.

There are few principles of common law more widely known than that, prima facie, freight at risk is not payable to the shipowner, before he is ready to deliver the cargo at its destination. Yet disputes as to when freight has in fact become due are of constant recurrence, and frequently engage the attention of the courts. The author has devoted his longest chapter to the consideration of this question, and by a careful and judicious marshalling of cases has done something towards elucidating underlying principles, and enabling men of business to think out these problems for themselves. The method of payment of freight by bills is shortly and simply dealt with, and Mr. Stephens has done well to accentuate the distinction between freight as an incident of ownership of a vessel, and the rights in respect of it of the assignee of a contract of affreightment. This latter point is not always properly appreciated by commercial men, and may easily become a source of misunderstanding.

The final chapter explains in a practical manner the operation of a shipowner's lien on the cargo-his most effective weapon-for the purpose of enforcing payment of freight.

The book is sufficiently indexed, and its pages, though not bearing the number of the chapter which is a defect-are headed with their subjectmatter. This, with the marginal notes, facilitates reference-the very essence of a good textbook. It ought to become a popular treatise.

The Law relating to Covenants in Restraint of Trade. Second Edition. By JOSEPH BRIDGES MATTHEWS and HERBERT M. ADLER. London : Sweet & Maxwell, Lim. 1907. 8vo. 8vo. x and 231 pp. (78. 6d.) THIS book deals with a chapter in the law of contracts, and is of a less ambitious character than its title would lead some people to expect, as there is excluded from its purview the law relating to combinations of traders to prevent competition, and the law relating to combinations of workmen. The latter have been to a large extent legalized, but the former are untouched by legislation. So far as we can see, however, we have to reach p. 184 to learn, from a note to Collins v. Locke (1879) 4 App. Cas. 674, as abridged in the digest of cases, that the law relating to these combinations of traders is not within the scope of the work. We must, of course, admit the right of every author to set the limits within which he will keep his book, and with this right the reviewer has generally no concern. At every turn we meet with the impress of Mr. Matthews's care and accuracy, which are well known to those who have had occasion to consult his works, and we can only regret that he has not extended the scope of the book. Mr. Adler, as co-editor, must also be congratulated for his share in the preparation of this edition for the press. In Tables A and B, printed in the appendix, the practitioner working at high pressure will find much useful information, but the utility would have been increased if the references to the reports had been more carefully checked.

The Law of Married Women's Contracts. By M. R. EMANUEL. London: Butterworth & Co. 1907. Sm. 8vo. xvii and 185 pp.

MR. EMANUEL has prepared a book of considerable utility, and one covering practically the whole ground suggested by the title. The only criticism that occurs to us is that the learned author has not appreciated the full effect of the reading of section 19 of the Married Women's Property Act, 1882, which commended itself to the Court of Appeal in Hancock v. Hancock (1888) 38 Ch. D. 78, and was applied in Stevens v. Trevor Garrick [1893] 2 Ch. 307, and Buckland v. Buckland [1900] 2 Ch. 524. The effect of these decisions has been modified by the Married Women's Property Act of this year (7 Ed. VII, c. 18, s. 2). We are disposed to ascribe the omission of this statute to the fact that the King's printer's copy was not published when the manuscript left the author's hands, so full and accurate have we found the book as a general rule. The equity cases decided prior to the amendment of the general law are dismissed in what some may consider a cursory manner at p. 112. But it is difficult to imagine that a case, where a married woman has contracted a debt a quarter of a century ago, is likely to give rise to questions affecting the extent of her liability; and the title which the author has chosen may be assumed, in a book emanating from the Temple, to signify that proprietary dealings by way of contract, conveyance, or mortgage are intentionally omitted.