which is designed as a syllabus to this work. But as such a prospectus will be of little use after the whole work is printed, it is the author's intention to substitute in its room, at the close of the publication, an essay on the rise, progress, and present state of conveyancing, which will be delivered gratuitously to the holders of the syllabus. The vo lume which is now published, appears to us to contain much valuable matter, arranged in an agreeable form, and divested, as much as the nature of the subject will admit, of that difficulty and dryness so common in works of this nature. ART. XV. A Summary Treatise of Pleading: viz. of Pleading in general, and bringing the Defendant into Court-Of the Declaration-Of Pleas-Of Replications-Of Rejoinders -Of Prefert. 8vo. pp. 105. IT may seem surprising, that with such excellent assistance as "Comyn's digest Title Pleader," "Buller's Introduction to the Law relative to Trials at Nisi Prius," and the "Reporters," no one should have composed a full and systematic treatise on special pleading. But it is a science only to be understood by long study, and considerable practice; and those who are fortunate enough to reach the possession of it themselves, have too little time to write for the instruction of others. Comyns applied extraordinary powers of mind, and great learning to it, and the outline he has drawn is comprehensive and masterly as he has inserted, however, under his subdivisions, almost every authority for and against, ancient and mod ern, in an unconnected form-the student who attempts to peruse them, is bewildered and disheartened, and abandons the consideration of what he despairs ever to comprehend. The subject, indeed, has a wide range; to know it well a man must be equally acquainted with the practice of the courts, the com position of pleadings, both as they are governed by general rules, and as they apply to particular actions, and the cir cumstances attendant upon trials. When so much of this is built upon matter of positive regulation, it would be difficult to compose a treatise upon it, such as should be at once interesting, and so complete as to contain all useful autho rities. Yet Mr. Tidd has, in his book of practice in the courts of King's Bench, shewn this to be practicable as far as he has gone. The gentleman who has written the present tract, has not failed in the little he has attempted, but his work is too contracted in its scale to be of any material use. He has given an outline of the general doctrine of pleading, so far as it regards the declaration, plea, replication, and rejoinder, with something upon profest and estoppel, and given it, upon the whole, well. The student may read it with advantage; but to understand the science of which it professes to be a summary, he must sacrifice days and years of toil. ART. XVI. MAC NALLY'S Rules of Evidence, or Pleas of the Crown, &c. 2 Vol. 8vo. PP. 668. THIS work is, we understand, the a considerable number of distinct rules production of a gentleman of great eminence at the Irish bar, and from this circumstance the public have a right to expect a performance of more than ordinary value. In this expectation we do not think they will be disappointed: the treatise before us containing all the most important matter on the subject of which it treats. The plan pursued is that of reducing the law of evidence to a body of rules, to each of which are added the cases illustrative of the rule, together with the observations and reasonings of the author. The work occupics two volumes, is divided into four books, and these books are again subdivided into chapters, in each of which are illustrated. The various matters about which this treatise is employed are very fully treated of, and the very words of the judges and lawyers who argued the cases are often abstracted, or given at full length. There are some literal errors, and other marks of haste, in some of the minuter parts of the work, for which the author himself apologises, attributing them to the pressure of his professional engagements, but it seems to us to be an excellent and practically useful treatise, as well from the full information it contains, as from the facility with which its reasonings and principles may be understood. As the rules of evidence, in criminal cases, are essentially the same as in civil, differing only from them in some particulars expressly enacted by the legislature, the present production may be consider ed as a general treatise on evidence, and the profession of the law must feel them selves indebted to any gentleman who employs his talents in illustrating a branch of law which is yet so imperfect, and which is in its nature so difficult and abstruse. ART. XV. WOODFALL'S Landlord and Tenant. THE ground over which Mr. Woodfall has gone, has been so frequently trodden, and there are treatises upon separate parts of his subject, of such sterling merit, that nothing new could be attempted, except in the arrangement and bringing together of all their parts, and the addition of subsequent cases. These have been his objects, and he appears to have very well succeeded in them. He has collected the law, first upon the contract between landlords and tenants, then upon the incidents which arise out of that rela tion, and afterwards upon the reciprocal remedies which the parties have against each other, and against third persons, for the injuries they may sustain in respect of their property. As this goes through all the rights and wrongs of landlords and tenants, it, of course, includes the doctrines relating to leases and covenants, waste, distresses, reple vin, and ejection. The arrangement is very clear, and the new matter has been collected and interwoven with diligence and accuracy. ART. XVI. An appendix is added, of the usual precedents and forms. MARSHALL on Insurance. THERE is no subject of mercantile law which has undergone so much discussion, both in the closet and in courts of justice, as insurance. The more theoretical treatises of Valin Pothier and Emerigen, have received the fullest and happiest illustration from those practical decisions which are to be found recorded in the pages of Park and Millar. The penetration of Lord Mansfield, the acuteness of Mr. J. Buller, the learning, and strong good sense of Lord Kenyon, upon this subject, have greatly exalted the character, and extended the fame of our judicial investigations. This work, which Mr. Serjeant Marshall now presents to the public, will be found not unworthy of the advanced state of our knowledge on this most intricate branch of law, and his character as a lawyer will, undoubtedly, induce every one who is interested in the question on which he writes, to consult it. The author has addressed his attention particularly to the principles which govern this species of contract, and has given, with great assiduity, the opinions of foreign writers, as well as the decisions of our own courts upon them. He remarks, that those principles lie within a narrow compass, and are, in general, well defined, but that there is scarcely any contract which affords a ANN. REV. VOL. I. greater number of questions of doubt and difficulty, from its uniform tenor, and the infinitely various and compli cated circumstances which attend it, and which require the application of those principles for their solution. He laments, that with us the real justice of the case has been sometimes permitted to supersede every other consideration, and that there are a few decisions of Westminster Hall, irreconcileable with the true principles of the law of insurance. The equity which should preside in all questions arising from commercial transactions, is not, our author says, "those loose and wild notions of right, in which no two men can agree, but the result of natural reason, enlightened and directed by the wisdom, of the law." Impressed with these sentiments, Mr. Serjeant Marshall has bestowed great pains in analysing his subject, and in sifting those principles which ought to govern every part of it. He differs from Park and from Millar, in giving a shorter abstract of determined cases, in adding an extended comment upon them, drawn, in a great measure, from the corresponding laws of other countries, and illustrated by the opinions of foreign writers: and he has calculated his book for easy reference, by simple, yet accurate subdivisions, and marginal notes. 3 Bb The analysis which precedes the work, is so full as to exhibit at once the whole range of the subject. It is divided into the following books and chapters, hav ing each numerous sections. First book, chapter 1st. Introduction, 2d. Of the parties to the contract. 3d. Of the subject matter of marine insurance. 4th. Of the interest of the assured. 5th. Of the voyage. 6th. Of the risks or perils insured against. 7th. Of the policy. 8th. Of warranties. 9th. Of representations. 10th. Of concealment. 11th. Of the ship. 12th. Of deviation. 13th. Of loss. 14th. Of abandonment. 15th. Of the adjustment of losses. 16th. Of the return of premiums. 17th. Of proceedings in actions on policies. Book the second treats of bottomry and re spondentia. Book the third, of insur ance upon lives. And the fourth book, of insurance against fire. It would exceed the limits which we prescribe to ourselves in the review of works containing rather novelty of ar rangement than of matter, if we were to follow our author through the detail of his subject, and to shew, that the learning and knowledge which he dis plays in it are not less striking than the clearness and method of his analysis, From what we have already observed, the object of the publication, and mode of its execution, will sufficiently appear, and we have no doubt that it will be found a valuable acquisition both by the profession, of which the author has long been a member, and by the public, ART. XVII. A Treatise of the Law relative to Merchant Ships and Seamen, in Four Parts 1st. Of the Owners of Merchant Ships. 2d. Of the Persons employed in the Navigation thereof. Sa. Of the Carriage of Gonds therein. 4th. Of the Wages of Merchant Seamen. By CHARLES ABBOT, of the Inner Temple, Barrister at Law. Svo. IN the preface to this valuable book, Mr. Abbot states it to have been compiled not only from the text writers of our own nation, and the reporters of the decisions in our own courts, but also from the books of the civil law, the maritime laws of foreign nations, and works of foreign writers. In mention ing those authorities, he very justly expresses his surprise, that the subject should not have engaged the pen of any member of the profession of the law, for a very long period of years. Molloy wrote above a century ago, and since that time, not only have the principles of maritime commerce undergone the most masterly and extensive investigation, but the operation of the register acts have created a new system of laws, with which it is most important that the merchant and the lawyer should be acquainted, and, yet, which even the acuteness and industry of Mr. Abbot, are unable thoroughly to explain or reconcile. With this accumulation of matter, and the vast interest that it involves, it is very satisfactory, that the subject has been undertaken by a lawyer of maturer experience and learning. Mr. Abbot has not dismayed his reader by long cases, and a simple repetition of matter already before the public. "In the composition of this treatise, his object," he says, "has been rather to arrange and illustrate principles, than to collect the decisions of courts, or the acts of the legislature." The work is divided into four parts; 1st. Of the owners of merchant ships. 2d. Of the persons employed in the navigation of merchant ships. Sd. Of the carriage of gccds in merchant ships. 4th. Of the wages of merchant seamen And subdivisions have been adopted of chapters and sections. In his first part, the author treats of the general rights and duties of owners of merchant ships, of the nature of their property, as regulated by the register acts, and of the peculiarities incident to partnership. Amongst the important questions which these topics bring forward, are those of the liability of mortgagees, not in possession, to the debts of the ship, and of the charterers to the conse. quences of the captain's misconduct during the voyage. The opposing determinations are stated fairly, and though Mr. Abbot does not solve the difficulty, he, in a great degree, lessens the evil, by exposing it. A consolidated view is then given of the several register acts regulating the ownership and transfer of ships, and afterwards of the several judicial decisions to which these statutes have given rise. It is impossible to doubt that these navigation acts (as they are called) have been of service to our commerce: they occurred at a favourable period of its history, and, aided by other circumstances, mainly assisted in giving us that superiority in our commercial relationship with our colonies, which we have so long enjoyed. It might be well if the promoters of them would be content with this general effect, and would endeavour to revise the statutes now in force by the experience which we have had of their uses and defects, without straining the legislative regulations to an extent which involves this species of property in insecurity, and checks the national spirit of maritime adventure. This is an observation which every reader of this chapter will make, and which the slightest acquaintance with shipping interests confirms. The merchant, indeed, fairly cuts the knot, by altogether neglecting those regulations which he finds it difficult to comprehend, or impossible to follow. He trusts that good faith, or public character, will induce the person with whom he has contracted for a ship, to fulfil an engagement which these statutes treat as void. He waves the benefit of the law, rather than attempt to understand it; and depends more upon his general uprightness in protecting him from its penalties, than upon his knowledge of not having incurred them. The interest of part owners of ships, is treated of: first, as with relation to each other; and, secondly, as with relation to strangers. In this discussion there appears a striking instance of the superiority in our laws over those of other countries. When the several owners differ as to the manner of em ploying the ship, the majority must govern: but with us the dissentient party may claim a security against loss on account of the risk from which they withdraw, whilst foreign laws make him abide by it, however inconvenient. In the second part, Mr. Abbot has given chapters on the qualifications of the master and mariners, of their conduct, of the authority of the master, and of pilots. The qualifications of persons employed in the navigation of British merchant ships depend on statutes, frequently varying as the necessity of the times may require. The object always is to enforce the employment of our fellow subjects as much as possible, but as they are liable to be impressed in time of war, foreign seamen are then permitted in our ships. In the African commerce, particular regulations are adopted as to the master, who is re quired to have a certain experience in the trade before he undertakes a command, which will put the lives of a number of unhappy victims under his power. The master's authority, by virtue of the trust reposed in him, in the naviga tion and management of the ship, is considered as to his contracts for the employment of the ship, and as to those for her repair. It is a pretty obvious rule, that the owners who invest him with this trust must be bound by whatever he justly and necessarily does in its execution. In these chapters the power of the master to hypothecate the ship in foreign countries (for he cannot do it at home), i. e. pledge it for the repayment of money borrowed by him for the use of the voyage, undergoes examination. That power has, however, rarely been used, since the more convenient practice of bills of exchange has so uni versaliy prevailed. The conduct of the master and mariners to each other, and those for whose benefit they are employed, occupies the fourth chapter. This has been the subject of much legislative interference. Where so much power is to be exercised, and so much confidence is unavoidably reposed, it is to be expected, that men of such education and habits as sailors, will easily fall into tyranny and fraud. To correct those, and to promote honesty and valour in our seamen, many statutes have been passed; and it is not paying them an ill compliment to say, with much effect.. The longest and most generally im, portant part of the book, is that which treats of the carriage of goods in merchant ships: and in this Mr. Abbot has distinctly stated the law relative to the contract for it, and its dissolution; the duties of the carriers and their servants, and of the merchants, with their re spective limitations, and excuses for nonperformance, together with the doctrine relating to the subjects incidental to it, of average, stoppage in transitu, and salvage. A merchant ship is let out either wholly to one party, then that party gains the temporary ownership, and exclusive management of it for the period of the contract, or the master undertakes separately, with different merchants, to carry the goods of each to the destined port, and continues to act through the voyage as the servant of his original owners, who remain the managers of the vessel, subject to these contracts. In the first case, the ship is let by contract of charter party; in the second it is called a general ship, and the master only signs bills of lading, undertaking to deliver the goods mentioned in it, safe, upon being paid the freight and usual charges. When the ship is delayed in pursuing or completing the voyage, without the default of the owners or master, or any thing remaining to be at that time done by them, the merchant is liable to pay a compensation for it to the owners, called demurrage.. The terms of this are generally specified by the charter party, or, if not, are governed by the ordinary customs of the trade in which the ship is then employed. Our author mentions particularly the cases when the ship is delayed with respect to the cargo, and by waiting for convoy. In the performance of their contract, it is the duty of the carriers to fit their ship for this voyage; to pursue it with every practicable attention to its accomplishment, with speed and safety, and to deliver the goods on board, in good condition, to the consignees. They are, however, invested with much discretionary power; they may deviate from the usual track, or even sell a part of the goods, in cases of necessity or when the welfare of all concerned, renders it advisable. They must be strict in the observance of their warranties or particular covenants; of which those reJating to sailing upon a particular day, or with convoy, are here particularly discussed; but, on the other hand, are not compellable to part with their merchandize, except upon payment of the freight. The extensive liability to which ship owners exposed themselves, by only ex cepting in their contracts, "the danger of the seas," occasioned, two or three years ago, an alteration in these ancient instruments, more for their advantage. The act of God, the king's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever," is now the form of the exceptions. These words have not as yet undergone any judical examination, and, therefore, Mr. Abbot confines himself to observations on the meaning of the phrase "perils of the seas," and the implied exceptions of the acts of God and the king's enemies, and of the statement of the cases upon them. It is pretty well known, that, by sta tute, ship owners are exempted from any loss beyond the value of the ship and freight, proceeding from the misconduct of their servants, without their knowledge, or from fire. In his chapter upon the payment of freight, the author has stated the law with his usual precision: dividing the matter into, when the whole freight be comes payable; and where part only is due. In many cases this will depend upon the terms of the contract. If it be not expressly provided for, in general the freight is not payable until the com pletion of that by which it has been agreed to be earned. But there are some exceptions. Where the goods are injured by the voyage, the consignee may refuse them, and avoid paying freight, but he cannot reject some part and take another. An apportionment of freight takes place in two cases; when the ship performs the voyage, bringing some of the goods, but not all; and where stopping, through necessity, at a place short of the destined port, the master delivers the goods to the con signee. Whatever the master does in destruction of a part of the property under his charge, for the general safety, is to be paid for by a contribution from the proprietors of the whole. This rule, originating with the Rhodians, is called general average; and the different rules concerning it are laid down here under the question of who shall contribute: what articles shall contribute; and in what manner shall the contribution bę made, The doctrine of stopping goods in transitu, is introduced here for the purpose of affording direction to masters of ships how they must act, when that right has been exercised, and the con signee still demands the goods. It is now fully established by our laws |