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thor to approach as near as he can to perfection in the kind of composition which he attempts.*
ARTICLE IV. Treatise on Pleading in Civil Actions. An Elementary Treatise on Pleading in Civil Actions. By Eduard
Lawes of the Inner Temple. 8vo. Brooke, 1806. London. N this treatise, we meet with that forceful arrangement and
that perspicuity of statement, which constitute the chief merit of performances of this kind; while many observations and hints are here given, which will excite the curiosity and stimulate the researches of the attentive and diligent student. The addition of the specimens of the different style of pleading at different periods was a happy idea, and will much assist the attainment of liberal and enlarged views of what is here termed a science, but which we think is more an art; we mean pleading
Mr. Lawes gives us reason to expect from him a larger book upon this subject. The present specimen makes us strongly wish that he may fulfil his engagement; since we have no doubt of his proving equal to this rice and intricate undertaking, and such a work is a great desideratum. This gentleman is not, we understand, the worthy and very deserving counsel of the same name, who is so well known and esteemed in the king's bench.t
This treatise has been republished in America by Thomas and Tappan, Portsmouth, N. H.
ARTICLE V. Practical Points, or, Maxims in Conveyancing. Practical Points, or, Maxims in Conveyancing, drawn from the
daily experience of a very extensive practice. By a late eminent Conveyancer. To which are added Critical Observations on the various and essential parts of a Deed, by the late J. Ritson, Esq.
8vo. Clarke, London. THE
"HE editor of these tracts represents them as containing
“ a brief but instructive selection of maxims, which the student may turn to great advantage by diligent reading, and * Monthly Review, 1807.
+ Monthly Review, 1807.
to a much greater by interleaving his own copy with writing paper, and making it his common place book.” Entertaining such high notions of their importance, he ought, we think, to have bestowed a little more attention on their revisal. The passages here strung together might surely have been copied accurately, references made to the works from which they were borrowed, and the cases specified which support the doctrine; it was not necessary that it should be made known to the public that the compilers were better lawyers than grammarians. The attempt of Mr. Ritson was well imagined, and, had it been better executed, it would have proved interesting *
Observations on the Rules of Descent. Observations on the Rules of Descent; and on the Point of Law,
whether the brothers of a purchaser's paternal grandmother shall be preferred in the descent, to the brother of the paternal great grandmother of a purchaser? in defence of Mr. Justice Manwood's position; and in reply to the advocates for the doctrine of Mr. Justice Blackstone. Together with some Reflections on the subject of our Law's Disallowance of Lineal Ascent. By W. H. Rowe of Gray's Inn, Esq. Conveyancer. 8vo. pp. 117. Clarke and Sons. London. F this question be not without practical interest, it princi
pally claims the attention of the student as forming him in the habit of investigating abstruse legal points. Much of the learning that bears on the matters in discussion admits of more useful application.
* Monthly Review, 1807.
BOOKS RECENTLY PUBLISHED. 1. CONSIDERATIONS concerning a Proposal for dividing the Court of Sessions into Classes or Chambers; and for limiting Litigation in small Causes; and for the Revival of Jury Trial in certain civil actions. pp. 129. 8vo. London.
2. REMARKS on the Operations and Consequences of the Laws for the recovery of Debts; in a series of Letters addressed to the right honourable the Earl of Moira, &c. 8vo. pp. 106.
Letter I. is introductory, explaining the motives and plan 1 the work.
“ I wish," says the author, “by a display of the flagrant violation of justice and morality that can be effected under colour of these laws, to enforce the propriety of legislative provision; to demonstrate the necessity of extensive and radical melioration; and to manifest that occasional palliatives “ may skin and film the ulcerous parts,” but can neither purify nor renovate a vitiated and contaminated system."
Letter II. contains a history of the Roman laws relative to debt.
Letter III. after several observations on the effects of credit ili this country, the author adverts to the former practice on this subject.
By the practice of the common law, a plaintiff was formerly compelled to produce two sufficient sureties, to testify that he had at least a probable cause of action; and those pledges were amerced if he failed to substantiate his claim. A wise provision which afforded security to the defendant against unjust or trivial actions; and allowed the plaintiff leisure to reflect before he plunged into a tedious and expensive litigation. These pledges to prosecute still remain in form, although the substance has vanished, and the fictitious names of John Doe and Richard Roe, have long usurped and superseded the use of real, substantial sureties,
In Letter IV. we read that
The places of vulgar resort contiguous to Sergeant's Inn, are crowded every evening during term, with a horde of miscreants, who are ready, for a trifling reward, to swear to any fact which may serve the purpose or promote the ends of their employers.
The author, after exposing the facility of illegal arrests, to answer fraudulent purposes, states that a person
May be incarcerated from the month of August until July in the following year, for an unjust demand, on the solitary unsupported oath of an unprincipled miscreant, if unable to procure bail.
In Pennsylvania it is wisely provided that a person who is anrested for debt, may, upon application to a judge at his chambers, have the cause of action investigated, and if it is not properly supported on the part of the plaintiff he is discharged without bail. But in Maryland no such law-exists. A man may be arrested without any oath and confined more than six months. It is no answer to this, to say that he has a remedy by an action for false imprisonment. He may be too poor to support such action; or his persecutor, even if he be found, may not be worth prosecuting. It is a serious grievance which loudly demands the interposition of the legislature.
Letter V. relates to the custom of procuring hired bail; that is
Inducing, by a stipulated reward, two indigent insolvent persons to swear that they are possessed of property to a considerable amount. The public will reluctantly believe, that this flagitious practice is systematically organized; and that many low attorneys, and desperate, needy miscreants, derive a regular and considerable subsistence from this source of perjury, immorality and injustice. This custom is openly and daringly continued, and persons may now be bailed for any amount, if they will agree to the stipulated exaction of the attorney, who previously makes his own private agreement with the persons that purpose to become bail!
Letter VI. explains various means by which the claims of bona fide creditors may be eluded, sham pleas, false demurrers, bills in chancery and writs of error.
Letter VII. relates to the proceedings against prisoners, extortions to which they are exposed.
Letter VIII. contains a summary of the arguments previously used, and hints towards forming a system more effective as it regards creditors, and more lenient as it regards honourable debtors. He presents some striking comparative remarks on the treatment of debtors and of malefactors.
3. LETTERS on Capital Punishments, addressed to the English Judges, by Beccaria Anglicus. 8vo. London:
4. MEMOIR of the Case of John Mason, Esq. barrister at lav, who was confined as a state prisoner in Kilmaimham for more than two years; containing Addresses and Letters to the Earlof Hardwicke, the Duke of Bedford, Mr. Wickham, Judge Daly, Sir Evan Nepean, Judge Day, Lord Henry Petty, &c. &c. and Letters from some of the above personages, most respectfully submitted to the consideration of the Commons in parliament assembled. 8vo. London.
5. THE LAWS relating to the Poor. By Francis Coust, Esq. of the Middle Temple, barrister at law, 3 vols. 8vo. London.
In this edition (the fifth) the statutes and cases to Easter Term, 1807, are arranged under their respective heads: and the whole system of the poor-laws, including the collections originally made by E. Bott, Esq. together with many cases never before published, are placed in a lucid and perspicuous order.
6. A COLLECTION of Rules and Standing Orders of the House of Commons, relative to the application for Private Bills &c. with the additional Orders respecting Ireland, completed to the session, 14th August 1807. 4to. pp. 44. London.
The orders contained in this useful compilation relate to
Private Bills generally; Inclosures; Turnpike Roads; Navigable Canal; Bridges; Small Debts; Paving, &c. Letters Patent; Divorces; Trade; Religion; Public Money; Ireland.
The utility of this work to all who are concerned in parliamentary affairs is very evident: not only to the professional man, who conducts a bill through its several stages, but also to every individual whose interests may be affected by private bills, as much delay will be avoided by those who take the proper steps at the commencement of an application to the legislature.
7. THE Law of Charitable Uses, as laid down and digested, by George Duhe, Esq.in 1679, together with the learned Readings of Sir Francis Moore, printed from his own Manuscript. To which is now added, the Law of Mort main, as established by the statute of 9 George II. cap. 6. The whole continued to the present time. Enlightened by an Abridgment of all the adjudged Cases, particularly adapted to the use of every Professor of the law, as well as all Bishops, Cathe