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Held, that the expenses of getting her off and taking her to Liverpool, were not chargeable to general average, but to particular average on the ship.
June 11. BRASS V. MAITLAND. Ships and shipping - Duty of shipper of dangerous cargo. It is the duty of the shipper of goods of a dangerous nature to give notice of their nature to the master, unless the latter knows or ought to have known it.
Crampton, J., doubted whether the rule would hold where the shipper himself had no actual notice of the nature of the goods.
July 3. MENNIE v. BLAKE. Replevin - Does not lie to try right of property. In England, the writ of replevin is a remedy for the unlawful disturbance of the plaintiff's possession of his chattel, and not to try a right. Therefore, where one who had possession of a horse and cart, as bailee, transferred it in payment to his own debt :
Held, the owner could not maintain replevin against the purchaser, even after demand.
July 3. WATERFALL v. PenistONE.
Chattel — Bill of sale Fixtures. Machines fixed to a mill with nuts and screws, but intended for the more convenient use of the mill, and not for the permanent improvement of the freehold, are trade fixtures, and therefore chattels, within 17 & 18 Vict. c. 36, requiring registration of all bills of sale of " personal chattels."
Common Bench. June 10.
ROBERTS v. BRETT. Covenant Construction Condition precedent. A. by indenture covenanted with B. to procure a vessel, and man, victual, and provide it, &c., and to take on board a telegraphic cable to be laid down between Africa and the coast of Sardinia, within a certain time, &c., and B. covenanted to pay A. £8000, (subject to deductions in case of delay, &c.,) the first instalment of £1000, within seven days after the arrival of the ship alongside of the wharf where the cable was lying. Each party agreed to give the other, within ten days of the date of the indenture, a bond with responsible sureties for the true performance of their respective covenants.
The plaintiff averred that he procured, manned, &c., a vessel, and brought her to the wharf, and requested the defendant to land the cable on board, &c. Plea, that he had never given a bond.
Held, that the giving of a bond by A. was a condition precedent to his right to proceed under the contract,
Notices of New Publications.
Early History of the UniveRSITY OF VIRGINIA, as contained in the
Letters of Thomas Jefferson and Joseph C. CABELL, hitherto unpublished ; with an Appendix, consisting of Mr. Jefferson's Bill for a Complete System of Education, and other illustrative documents; and an ÎNTRODUCTION, comprising a brief Historical Sketch of the University, and a Biographical Notice of Joseph C. Cabell. Richmond : J. W. Randolph. 1856. pp. 528.
This volume contains a history, or, as the editor remarks, the best materials for a history, of the foundation of the University of Virginia. It is of interest, not only to all the alumni of that justly renowned institution, but to all friends of education. The correspondence shows clearly the unremitted, zealous and enlightened efforts of many of the eminent men of Virginia, and especially of the two who are named in the title page, in the cause which through many difficulties, and after many struggles, achieved so signal a triumph. Our readers will find in this volume much that will interest and instruct them; the letters, most of which have not been heretofore accessible to the public, contain many matters of interest, besides those which bear upon the immediate object of the publication, and the spirit which pervades them is one which we hope will be honored and kept alive by all Americans.
The Elements of Mercantile Law. By THEOPHILUS PARSONS,
L.L. D., Dane Professor of Law in Harvard University at Cambridge. Boston: Little, Brown & Co. 1856. pp. 617.
Professor Parsons has devoted much time to the study and practice of commercial law ; he has the advantage, therefore, of having known and felt the wants of a student and practitioner in that department, and he has turned this experience to excellent account. The book which he now offers to the public, is intended to meet the wants of both, to guide the student in mastering principles, and to serve the practitioner, who is in haste for decisions ; it is also well worthy of perusal by merchants. The text is confined, as it should be, to the statement of principles, while the notes contain careful and well collected references to all the latest cases.
After a preliminary general view of contracts, the author treats of sales, stoppage in transitu, guaranty, the statute of frauds, payment, negotiable paper, partnership, carriage of goods, limitations, interest and usury, bankruptcy and insolvency, the law of place, shipping, insurance.
The consideration of shipping and insurance occupies nearly one-half the book, and we cannot point to any other so compendious and excellent a summary on these important and interesting subjects. We heartily recommend our readers to consult them.
Upon the other topics, or most of them, the learned author had already given the results of his study in his work on contracts, and it is not, therefore, necessary that we should review them; it is only fair, however, to say, that the author anticipates an objection on this point, and states that the character and object of this work being quite different from that of the other, and these sab ects coming within the scope of the present work, he felt authorized to consider them, which he has always done with a special view to their adaptation to this treatise.
COMMENTARIES ON THE Common Law, designed as introductory to its
study. By Herbert Broom, M. A., &c. Philadelphia: T. & J. W. Johnson & Co. 1856. pp. 674.
This elementary work, by the ingenious and learned author of “ Legal Maxims,” will be found to be of much use to the student in explaining the present state of the law on many subjects not often treated in the standard books. The author has been engaged for some years as a reader to the inns of court, and in the performance of his duties has been led especially to remark, he says, many points of difficulty and interest, which he considered to need elucidation; of these he has made copious notes, from time to time, and has endeavored in this work to throw light upon them. The book does not assume to be a complete introductory treatise on the entire common law, but rather an examination and explanation of certain portions of that law.
We would especially recommend the chapter on “The Nature of Rights, Enforcible by Action,” that on “ The Courts of Law,” including the new County Courts, that on “Extraordinary Remedies," such as mandamus, injunction, certiorari, quo warranto, &c., and that on “ The Proceedings at a Criminal Trial.” The author admits into his text, as is usual with English writers on law, abstracts of important cases, but they are always succinct, and the whole work is within a very reasonable compass. The reprint is well executed, and is not burdened with any notes upon the law of this country, which, in so elementary a treatise, would be out of place. ACTS AND RESOLVES, passed by the General Court of Massachusetts, in
the year 1856 : together with the Messages, &c., &c., &c. Published by the Secretary of the Commonwealth. Boston : William White, Printer to the State. 1856. pp. 396.
We have already considered the general legislation of the last session. The volume before us is the autheniic edition of the law, of that session, both public and private, and is printed in the usual excellent style. All our Massachusetts readers must buy it. OFFICIAL OPINIONS OF THE ATTORNEYS GENERAL OF THE UNITED STATES,
advising the President and Heads of Departments in relation to their Official Duties, and Expounding the Constitution, Treaties with Foreign Governments and with Indian Tribes, and the Public Laws of the Country. Edited by C. C. ANDREWS, Counsellor at Law. Volume VI. Washington : Published by Robert Farnham. 1856.
We have in this volume a continuation of a most valuable legal publication. The idea of this series was undoubtedly originally suggested by the manuscript volumes of Opinions, which Mr. Wirt collected and had bound up during his occupation of the post of Attorney General. In it the proudest names of American Law have found some appropriate record of iheir labor and their wisdom. No previous volume possess so much of valuable public law as the one before us, and for learning, accuracy, and closeness of reasoning, Mr. Cushing will suffer by a comparison with no one of his predecessors. A vast number of questions, of first-rate importance to the jurist, are daily occurring in the various departments of the government; some of them of practice, and, therefore, of importance as precedents; others involving great principles, and, therefore, forming a part and parcel of the body of public law. Mr. Cushing has not confined himself to a discharge of the ordinary duties of his office by answering inquiries propounded to him by others, but, of his own motion, has devoted himself to all the pursuits of his office as “the administrative head, under the President, of the legal business of the government.” After a year of service we have, as the result of his experience and studies, a paper of twenty-nine pages upon “ The Office and Duties of Attorney General." Among the more important opinions, we may mention, in passing, those upon - International Extradition," on p. 99; The Jurisdiction of Federal and State Courts, p. 103; Texas Bonds, p. 130; Surrendering Deserting Seamen, p. 148 ; Upon Harbor Improvements and Purpresture, p. 172, already published in this journal; the Courts of the United States, (271,) containing an analysis of the existing Constitution of the judicial system of the United States, and suggestive of desirable modifications thereof, &c., &c. No student of the law can find more valuable reading than in these opinions. If they have not the force of judicial decision, they come from one who formerly, (though too briefly,) occupied high judicial station with great and growing reputation, and they are reasoned with such power, and illustrated with such exhaustive learning, as to make them fully equal in convincing weight to ordinary judicial opinions. And besides, many of them are upon topics where we in vain look for the opinion of the courts. We would urge the student to turu now and then from the common place reading of the profession to the great studies which impart to the law the dignity of a science. If less immediate in the rewards they bring, they are the only studies which can win for the legal aspirant the true glory of a great lawyer.
Xnsolvents in Massachusetts.
Name of Insolvent.
Abbott, Joho E.
Simon N. (c)
Commencement of Name of Judge.
18, Alexander H. Bullock.
6, David Per. ins. 27, Isaac Ames. 20,
Henry B. Fernald.
John M. Stebbins. 12,
David Perkins. 6,
David Perkins. 27,
David Perkins. 18, Alexander H. Bullock.. 2
(a) Andrews & Hantington. In lividual names not rendered by Court.
(d) Olmstead & Brother.
MONTHLY LAW REPORTER.
THE COUNTY COURTS OF ENGLAND.
A court, without lawyers, and without a jury, is a novelty, if not an anomaly. Such, practically, is an English County Court.
By the invitation of Mr. Adolphus, known to the profession as a learned reporter and leading barrister, and now a County Court Judge, I attended a session of his court, in the Mary-le-bone District of London. The courthouse is a large building, with its name printed on a large sign over the door, and easily found by the poorer class of suitors who may seek for it. The lower story is occupied by the offices of the registrar and of bailiffs, and the upper by the court room. It was about noon,
e court room was well filled with parties and witnesses, the judge sat upon the bench, in a barrister's wig and gown, the registrar sat below him, as does the clerk of our courts, and there was a reasonable attendance of bailiffs and other officers.
The course of proceedings may be best presented to the reader by a familiar description.
The registrar calls a case. John Lucas against William Brown. “ John Lucas, John Lucas, is John Lucas in court!” calls the bailiff. John Lucas appears, and takes his stand in the witness box, on the left of the judge, and is sworn. Mr. Brown is called in the same manner, and VOL. IX. — NO. VII. — NEW SERIES.