صور الصفحة
PDF
النشر الإلكتروني

in the first instance, and not to leave it open for discussion at a subsequent stage of the proceedings, or in a future action of ejectment. However, it would seem, that the statutory action of partition is in a great measure superseded by the more simple and expeditious remedy of a bill in equity, which applies, in every case, where the legal title does not come into discussion.

There is a full chapter on the action of ejectment, which is principally taken from the very valuable treatise of Adams, a writer who has entered largely into the subject of titles, and of the evidence necessary and pertinent to support the claims of the respective parties. It is obvious, that a work purporting to be a book of practice could not go very extensively into discussions of that nature ; still it contains many things, which the student will find extremely useful, especially as it refers to the most important American decisions.

As writs of scire facias and error are applicable to actions of every description, they are reserved for the conclusion of the work.

Very full and complete Addenda and Corrigenda are given, containing the local statutes passed, and cases adjudged, whilst the work was going through the press, and such other matters as had been overlooked in its progress.

We have spoken of Archbold's Practice. This is doubtless a very excellent work, and Mr Dunlap appears to have derived considerable assistance from it; but as regards the state for whose use his work was designed, it has almost entirely superseded all other treatises on English practice. As to the sources from which he has mainly derived the information conveyed to his readers, besides those we have already mentioned, they are principally the different constituent parts of the practice of New York. These are

1. The statutes of the state, as the statutes of jeofails, for the amendment of the law, &c. most of which are transcribed from the English statutes; the text of which has generally been preserved, on account of its having received a settled judicial construction ; though it sometimes has been changed, perhaps not always for the better.

2. The statute law of the Supreme Court of the state, which is a Court of original jurisdiction; that is, its general Nere Series, No. 17.

27

rules, which constitute a very essential part of the local system, and fix its form in a number of the most important particulars. The author has generally, and very properly, introduced the statutes and rules of court verbatim.

3. The decisions of the Court, as ascertained in the voluminous Reports of Mr Johnson and others, which have reflected such a lustre on the jurisprudence of the state. It seems that a decision of the Supreme Court, whether in conformity or in opposition to the English practice, has always been regarded as conclusive, and of course English authorities are wholly unnoticed in such cases.

4. The practice of the Court of King's Bench, as contained in its Reports - or in elementary treatises and compilations of established reputation. The Supreme Court of New York, as well as that of the United States, has said that it will follow the practice of the King's Bench in all cases not provided for by statutes, or by its own rules. Of the English Reports, the most valuable and authoritative, on this subject, are those of the latter half of the last century. The author has, however, noticed the decisions of the King's Bench down to the third volume of Barnwall and Alderson inclusive.

5. The usage of the Court, as ascertained from observation and the information of skilful practitioners. This usage may have been founded on, or sanctioned by express decisions of the Court, at some period since it was first established in 1691, but its present authority rests merely in tradition and universal acceptation.

It did not fall within the plan of the author to notice those parts of the English practice, which have been altered or retrenched in the system of which he treats. Although we, who are accustomed to a more concise, direct, and simple course of proceedings, may think it still too complicated and unwieldy; yet those who are familiarly acquainted with the English forms cannot but be struck with the comparative brevity, neatness, and facility of those of New York and the other states, which have adopted a similar system; advantages which have been obtained almost without any sacrifice of those great leading principles, which constitute the foundation of the common law practice and pleading.

The author has executed his laborious task with an accuracy and extent of learning, which support his well earned reputation as a lawyer, and we are well pleased to learn, that the work has been received in the most flattering manner by the bar for whose use it was principally intended. Nor, as we have before hinted, is its utility confined to that sphere. Every professional man, under whatever system he may practice, will derive from it much valuable instruction, delivered with a luminous method, and in a clear and perspicuous style.

We have been disappointed in not being able to obtain for insertion in our present number, a review of Mr Phillips's work on the Law of Insurance. We regret this the more, as we understand the work is highly approved by the best judges, and is one with whose merits the professional public ought to be extensively acquainted. Hereafter we hope to render it suitable justice.

A review of a Residence in Chili' is necessarily postponed till the next number.

QUARTERLY LIST OF NEW PUBLICATIONS,

AGRICULTURE. The New England Farmer, or Georgical Dictionary, containing a

compendious Account of the Ways and Methods in which the important Art of Husbandry, in all its various Branches, is, or may be pursued, to the greatest Advantage in this country. By Samuel Deane. Third Edition, corrected and enlarged. 1 vol. 8vo.

ARTS, SCIENCES, AND NATURAL HISTORY. Silliman's American Journal of Science and the Arts. No. 1. Vol.

VII. for November. The Boston Journal of Philosophy and the Arts. No. IV. Utility of Natural History; a Discourse delivered before the Berk

shire Medical Institution, at the Organization of the Lyceum of Natural History in Pittsfield, September 10, 1823. By Rev. Edward Hitchcock.

The author of this Discourse has fully redeemed the pledge, which he gives on his title page, of setting forth the utility of natural history. He has even done more, and drawn with no unskilful pencil the pleasures to be derived from a study of the works of nature. We suspect a tinge of enthusiasm mingles with his own feelings, but nothing is more essential to progress in a favorite pursuit; and that it does not carry him out of the bounds of utility may be inferred, not only from this Discourse, but from several interesting communications to which we have seen his name affixed in our scientific journals. Of the advantages of natural history he speaks, as they relate to the common and social interests of man, intellectual improvement, and religion. Some of our literary men, perhaps, might profit by his advice; he considers the study of natural history a sovereign remedy for the maladies, which prey upon this puny race. The literati of these days,' he says, 'look with amazement on the ponderous folios of other centuries, and sigh over the degeneracy of their constitutions. Let them acquire a taste for exploring the works of nature, and they will no longer cling to their ósoft couches,' and think with terror on the exertion of a morning's ride, or an evening's walk. They will seek the "untrodden glen, or the rough mountain.' The flowers and the glittering insects, the rocks and pebbles, the still lake and the babbling stream, will allure them from their closets, and make them ashamed of their inglorious retreat. Let the emaciated, dyspeptical votary of literature

« السابقةمتابعة »