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The large additional amount of pages, which this number contains, is
the reason for the delay in its appearance a little later than was intended.
Erratum. On page 61, line 2, in our last number, insert not before
more; thus; a judge not more distinguished,' &c. We owe an apology
to the accomplished lawyer, whose language we assumed to quote, for such
a misrepresentation of his meaning - whether the oversight was our fault
or that of the printer, we do not know.

AMERICAN JURIST.

NO. XXIII.

JULY, 1834.

ART. I.-CHARACTERS OF LAW BOOKS AND JUDGES.1

Utility of the Collection.

'En effet, le vrai savoir ne consiste pas tant dans une vaste et immense lecture, que dans une etude reflechie des meilleurs Ouvrages, avec le discernment propre pour consulter les autres Livres, et savoir y trouver le point fixe de la question contestee.' Lenglett, Tablettes Chronolog. t. 1, p. clxxx.

Mais, pour ne lire que les meilleurs Ouvrages, il faut les connaître; Ignoti nulla cupido. C'est donc à ce premier point que les Etudians doivent s'attacher. Vous ne devez (leur dirai-je avec Lami dans son entretien sur les sciences) vous ne devez, jamais lire un Livre que vous ne sachiez quel en a été l'Auteur, le temps auquel il a écrit, sa vie, l'estime qu'on en fait, et quelle en est la bonne impression.' Manual des Etudians en Droit, par M. Dupin.- Discours Prelim. p. 5.

'To balance and contrast the authority due to the several works of the law is itself a science, requiring great knowledge and discernment. For instance, Bracton (whose authority was much pressed on the occasion of the Berkley and Gardiner Peerages, upon the late question on the necessity of a religious

To give completeness to the present collection, reference is made throughout to that published in the Jurist, vol. 8, which was confined entirely to the characters of Reports. The following pages embrace notices of the characters of Text-Books, distinguished Judges, and also of Reports, where any could be gleaned after the able and industrious hand to which we are indebted for the collection in the former volume.

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ratification of marriage previous to the marriage acts, and upon the great case of maritime accretions recently decided in the House of Lords), it is matter of controversy, whether he is an English lawyer or a civilian. So Lord Holt informs us that Lord Coke is to be listened to with greater attention when speaking in his first than in his second Institute; but that in his second Institute he is much more of an oracle than in his fourth. And were we to pin our faith upon a book of reports, without knowing something of its character, we might perhaps be told, after involving our clients in an expensive lawsuit, that, according to the words of Sir M. Foster, it was the "rummage of a dead man's library," or, in those of Mr. Justice Powell, that "it seemed written for the purpose of making himself and his brethren go down to posterity like a parcel of blockheads."' Prof. Amos's 2d Introductory Lecture at London University. p. 14. November, 1829.

Characters of Law Books and Judges.

Abbott on Shipping. Equally distinguished for practical good sense and for extensive and accurate learning, remarkably compressed and appropriately applied.' 3 Kent Com. 250.

Abridgments. Take heed, reader, of all abridgments, for the chief use of them is, as of tables, to find the book at large; but I exhort every student to read and rely only on the books at large.' 5 Rep. 25.

This I know, that abridgments, in many professions, have greatly profited the authors themselves, but, as they are used, have brought no small prejudice to others, for the advised and orderly reading over of the books at large, in such manner as I have elsewhere pointed out, I absolutely determine to be the right way of advancing to perfect knowledge, and to use abridgments as tables, and trust only to the books at large, for I hold him not discreet that will sectari rivulos, when he may petere fontes.' Preface to 4 Rep.

'I had once intended, for the ease of our student, to have made a Table to these Institutes, but when I considered that Tables and Abridgments are most profitable to them that make them, I have left that work to every studious reader.' Coke Lit. last words.

Aleyn's Reports. See Am. Jurist, vol. 8. p. 260.
Ambler's Reports. See Am. Jurist, vol. 8. p. 260.

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Amos & Ferard on Fixtures. This work undoubtedly shows great industry and affords an excellent analysis of the cases; but its value to the practitioner is greatly diminished by its frittering down broad and general principles by minute distinctions. It rather opens doubts upon the law than removes them, and will, we foretell, be productive, as far as its influence extends, of much litigation.' 6 Lond. Law Mag. 99. Angell on Limitations.

4 Kent Com. 188.

Learned, accurate and valuable.'

Angell & Ames on Corporations. This contains an able and thorough examination of every part of the learning appertaining to corporations; and is a performance which deserves and will receive the respect and patronage of the profession.' 2 Kent Com. 316.

'On the subject of easements and aquatic rights, I have derived much aid and facility in my researches, from the three valuable treatises of Mr. Angell, which treat of water courses, of tide waters, and of the rights acquired by adverse enjoyments for twenty years. In those essays, the author has faithfully collected the law and authorities applicable to the subject and accompanied his digest of them with free and judicious criticism.' 3 Kent Com. 453.

Atkyn's Reports. On a careful examination of Lethulier . Tracy,' say Messrs. Barnewall & Alderson, it appears probable that Fearne, and some other writers who have discussed it, have been misled, by the inaccuracy and want of perspicuity in both Atkyns' and Ambler's reports of it, into an important mistake.' 1 Barn. & Ald. 742.

'Part of the second edition was very incorrectly printed in 8vo. in 1782.' Bridgman's Leg. Bibliog. 5.

See Am. Jurist, vol. 8. p. 260.

Bacon's Abridgment. This was composed chiefly from materials left by Lord Chief Baron Gilbert. It has more of the character of an elementary work than Comyn's Digest. The first edition appeared in 1736, and was much admired, and the abridgment has maintained its great influence down to the present time, as being a very convenient and valuable collection of principles arising under the various titles in the immense system of the English law.' 1 Kent. Com. 510.

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