tion, it will be found on closer inspection that it is only the excrescences and lumber of centuries of wear and tear that have been cleared away, and that the real working principles of the law are as vigorous and more active than ever. That this is the case is evident, from the fact that our old real property law is now as to its principles as much our guide as formerly, and instead of treatises written before these changes being entirely to be laid aside and their subjects re-written, they can be usefully edited by the incorporation of the new rules for the application of old principles, or by the addition of appropriate notes.

After a careful perusal of this work in its original state, the Editor conceived that it was of singular merit;—that it displayed a thorough and sound acquaintance with real property law as applied to conveyancing, and was written in strong and vigorous language, and, without overlaying the subjects touched on, gave to the mind of the thinking student, or the more experienced practitioner, the true elucidation of the principles which should guide the transfer of property by written instruments.

That the work should have been little noticed is easily explained. It was published in 1828, and in 1830 the author was in his grave, having but only entered on his 30th year. Deprived of its natural guardian, the work was probably soon passed over, and fell like its author but slightly noticed by the general professional public. Yet the notices given of it were such as showed its worth, for it will be found honourably mentioned in several works, by men of great and the greatest attainments in real property law, (Sugden, Jarman, Sweet, and others). The author's age has been mentioned, but not for the purpose of asking indulgence for a work written at such an early period of life. No such favour is necessary. Had the author been spared to win the rewards which his eminent learning and abilities could not fail to have earned him, we are sure he need not have been ashamed of these first efforts of his pen. Nowhere will be found any trace of weakness, untrained thought, inaptitude of expression, or the unsound hasty reasoning of youth. The language is nervous, full to the point, not diffuse, thoroughly imbued with legal principles; and whenever the student feels at first sight that he differs from the author, we think that he will often find, as we have often done, that sound learning has dictated the proposition. What will strike the reader of this and the author's other works is the vigour and firmness with which he differs from his seniors in the profes

sion; his views are stated clearly and succinctly, and the matter left to the reader;-a mode infinitely superior to that of some who, when they engage a mighty chieftain of the law, raise straightway a cloud of dust, which obscures the subject and eclipses the combatants. In short, the Author, though young, wrote "as one having authority, and not as the Scribes."

As to the Precedents, it is surprising how early the Author pointed out the verbiage which the sanction of the first conveyancers has since rendered the removal of safe, and it will be seen that they exhibit a clearness and terseness of expression which abundantly satisfies the real lover of sound but safe reform in the language of deeds.

Acquainted with the Author only through his writings, and closely following his mind by transcribing the whole of the present work for the purpose of incorporating the necessary alterations, the Editor could not avoid feeling great sympathy for one who, so learned, was cut off when just commencing existence, and who had to lay down as useless all those stores of knowledge which he had amassed by deep reading and much labour. We rarely become interested in an author without being desirous of knowing his personal history and character, but it is not often that the sinking of such a life in the great ocean of existence leaves a ripple for the view of survivors. It was, however, with much pleasure that the Editor found that a kind hand had perpetuated a short sketch of Mr. Cornish's life, and which will be found in an early volume of the Law Magazine (to which he was a valued contributor); and, presuming upon a kindred feeling in the reader, the Editor has appended to this preface the substance of the memoir.

The Editor will now, more for the vindication of the Author than for his own pleasure, state what he has done in this edition. The original Precedents were by names of parties, and the Editor has substituted their characters instead of their names. The notes were also placed altogether at the end of each Precedent, which seemed an inconvenient mode of reference, and therefore they have been placed under the portions of the Precedent to which they refer, or removed to where they can be more easily referred to. The alterations in the law have been incorporated in the text, where they could be conveniently so placed, leaving substantial paragraphs to stand bracketed, as being the Editor's. He is aware that he has by so doing deviated from the ordinary course of editorship, which seems to be to leave the Author entire, and

to exhibit every touch of the editorial pen; but as the Author has ceased to care for his work, and the Editor, with the greatest respect for him, feels no compunction for what he has done, he hopes that by sparing the reader the tediousness of being reminded at every few lines that now he is on original and now on alterations, he shall escape blame, if not merit slight praise. The incorporations thus made are, principally, if not entirely, of the subsequent alterations in the law, so that a moment's reflection will inform the reader whether Author or Editor be addressing him. The Editor is aware that an apology is necessary for the changes he has made in the work, especially as the precise nature of them do not appear in the present edition. It would be most tedious and unprofitable to describe them. To those possessing the original they will soon appear, and receive an appropriate judgment. To those who become acquainted with the Author for the first time through the present medium, (for to those previously intimate with his works this statement cannot be necessary,) the Editor entreats them to be assured that when they find any error of manifest appearance, indicatory of false reasoning, insufficient authorities, or egregious blunders, such are NOT the AUTHOR'S but the Editor's, and to be charged against him forthwith, without any necessity for comparison with the original. That such defects will be found is not improbable. The work was undertaken when leisure abounded, and probably incapacity also; and its completion, now that leisure is supplied by business, has perhaps by no means tended to remove imperfections. In conclusion, the Editor wishes to be understood merely as one who having found, what he conceives to be, a valuable contribution to legal knowledge, has removed from it the dust of twenty years, and having repaired the pages torn with the storm of legislation in that period, presents it to the reader with his best wishes, and retires.

GEORGE HORSEY.

6, Symonds Inn, Chancery Lane,

March, 1855.

MEMOIR

OF THE LATE

WILLIAM FLOYER CORNISH, ESQ.

[Extracted from the Law Magazine for November, 1830. Vol. iv. p. 517.]

WE have to mention the death of Mr. William Floyer Cornish, which has occurred within the last three months. [August, 1830.]

Circumstances have placed us in full possession of his brief, though promising career, and we believe we shall gratify a large circle of friends by detailing it.

He was the son of a highly respectable solicitor, at Totnes, in Devonshire, and the grandson of Dr. Cornish, well known in that neighbourhood for his convivial powers and wit. Mr. Cornish received the principal part of his education at the grammar school of Tiverton, then (under Dr. Richards) a school of some celebrity in the West. Here he was principally remarkable for a quiet observing disposition, but gave little proof of either talent or industry. The time he remained was comparatively short, certainly not long enough to justify us in attributing any portion of his acknowledged merits to the school. "Every man," says Gibbon, "who rises above the common level has received two educations: the first, from his teachers; the second, more personal and important, from himself.” The subject of our narrative had little but the second to depend upon. But he will be admired the more by those who knew him in the latter years of his life; "quantum detraxit ex studio tantum amisit ex gloria." After leaving school he continued to reside for many years at his father's; but as he was never under articles, it is to be presumed that he was from the first intended for the bar, though the usual course, a university education, was departed from. During all this time he

appears to have devoted himself unremittingly to literature and law, and the stores of particular branches of each which he amassed were really surprising. Very probably his connections observed and calculated upon this spontaneous development, and were thus induced to suffer him to follow his own mode of training, and form a character for himself, instead of encumbering him with the helps of an academy. The calculation, in his case, was justified by the result, and we have little doubt, judging from his occasional fits of listlessness, that had the earlier efforts of his mind been cramped, it might never have regained its elasticity. In literature, his principal attention had been given to the best writers of what are termed the golden ages of English literature; the ages we mean of our Queens; in law, to real property authorities, and more particularly to Coke, who next to Shakespeare, was the god of his idolatry. He was also very fond of Gibbon; evident traces of which are abundantly discoverable in his works. He was entered of the Inner Temple some time in 1820, and called to the Bar by that Society in Hilary Term, 1827. His "Essay on Uses," the first of his productions, having appeared in 1825, must consequently have been composed during the commencement of his studentship. He had previously passed some time in the chambers of Mr. Jacob Phillips, a conveyancer of some standing. His " Essay on Remainders" came out in 1827, almost immediately after his call to the Bar, and attracted considerable attention, by the originality of some parts of the plan, he having succeeded in deducing rules applicable alike to each species of remainders, whilst Fearne has treated them as almost wholly distinct. The treatise on Purchase Deeds was published in 1829; and just before his death he was actively engaged in a work on Settlements. He was, we are proud to say, a large contributor to the Law Magazine. We have already intimated that this is not the place for criticism; but there is one remark which, considering the rapid succession of his works, we think it right to add. He had thoroughly considered every subject he undertook; he wrote

* [Of this work I may be permitted to say, that it gives, in a small compass, a masterly, concise view of the learning of Remainders, and any one who should make himself thoroughly acquainted with this work, would find that no part of the law of Remainders is difficult to him. A second edition of this work, by a competent hand, would be a great favour to the profession.]-Ed.