NOTICES OF NEW BOOKS.

Supplement to Petersdorff's Abridgement of English Common Law Cases, argued and determined in the Courts of King's Bench, Common Pleas, Exchequer, and at Nisi Prius; being a Practical Abridgement of the Cases reported from Michaelmas Term, 4 Geo. IV., to Hilary Term, 3 Will. IV., alphabetically and systematically arranged under appropriate Titles. By ELISHA HAMMOND, Esq., Counsellor at Law. New-York. Treadway & Atwood, 1835. 2 vols. 8vo.

This is a mere bookseller's job, with hardly labor enough infused into it to save the copyright. It is composed of the English Common Law decisions, most interesting in our country, since Mr. Petersdorff's work, arranged-not in chronological order, as they are in the Reports-but alphabetically, according to the subjects of which they treat. No abridgement of the opinions of the judges appears to have been attempted. The arguments of counsel have, indeed, been omitted, and the statements of facts sometimes condensed or omitted. Nothing is given, in the shape of essay or dissertation, in the notes, corresponding to that valuable part of Mr. Petersdorff's work. Not a single reference occurs throughout the volumes to an American case. Of all the productions which booksellers have palmed upon the profession in our country, this seems the most bare-faced. We have been astonished, that any gentleman of the bar should be found willing to lend himself to such a job. The advertisement prefixed to the work, shows at once 'a richness of ignorance' and an unchastised effrontery in its display, without even any of the compunctious manifestations which troubled the poor apothecary of Mantua, when his 'poverty, but not his will' consented to sell the potent poison. Mr. Hammond says; 'These volumes will be found to contain the pith and marrow of the 'English Common Law decisions for the last ten years,-the most im'portant period in the judicial history of that country; (?) not merely because it is the latest, but because these decisions were made while

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'Best, Park, Bosanquet, Abbott, Littledale and others equally distin'guished, filled the judicial seats. Perhaps no judges, even in England, ever equalled, (?) certainly none ever exceeded them in the extent of 'their legal attainments, nice discrimination, and integrity of purpose. (?) 'To abridge the opinions of such jurists were not desirable; (?) they have 'therefore been given entire, as far as practicable. Viner's Abridge'ment has been considered one of the best, because he abridged the 'least. (?) Perhaps this supplement may claim that merit.' Mr. Hammond has substituted a plea for Viner's Abridgement, which no man of sense ever urged, and which, in the very nature of things is nonsense, in order to excuse and cover his own attempt. In short, a work is pronounced the best abridgement, because it has the least of that character which is implied and expected from the title. The hitherto received meaning of terms is changed. When a work is announced as an Abridgement, an attractive title, sure to be read with interest by the student, whose weary sight almost fails in beholding the innumerable volumes of law, we are no longer to look for a condensation and curtailment of the original materials, so that time and labor may be saved, but, according to Mr. Hammond's new-fangled doctrine, are to greet them all,-the tedious and seriatim opinions of judges, and the whole contents of the Reports,-with the single change of a new arrangement and binding,—and forsooth, for this piece of quackery the editor is to claim merit.'

A good Abridgement of Law is one of the most valuable works, which can be produced. If well done, it will require labor and learning, and judgment, such as few are gifted with. Let our parvenu editor turn to the massive page of Comyns, if he would behold a model, the excellence of which is undisputed, where every line bears witness to the close thought of its most learned author, and where the arrangement of the subject shows the luminous mind which was capable of looking through the most complex and minutely intricate subject.

When the reader understands how Mr. Hammond has abridged the Reports, he will not be astonished at his remark, above quoted, that these volumes will be found to contain the pith and marrow of the English Common Law decisions for the last ten years. These, indeed, will be found here, as they are also to be found in the volumes of Reports in Sergeant and Lowber's condensed edition of the Common Law Reports. That the period of the last ten years is the most important in the judicial history of England; and that Best, Park, Bosanquet, Abbott and Littledale have never been equalled,―aye, surpassed, in judicial abilities, in the proud annals of English Law, it is sheer ignorance to assert. It is not a little singular that Mr. Hammond has omitted in this group the name most eminent, after Lord Tenterden,

if not indeed superior to his lordship in every thing but station, of all who have been on the bench during the last ten years, we mean Sir John Bayley, whose knowledge of the common law was most profound, and whose whole judicial course has been marked by the most uniform ability and fidelity. Best was a celebrated advocate, and a ready, and often powerful judge, but not always safe. Bosanquet and Littledale have been respectable members of the Court. Park (not Baron Parke,) is in no wise remarkable. Without, however, speaking of these distinguished names in terms other than those of the highest respect, it will not be unjust to say that they cannot be placed in comparison with Mansfield and Buller, the two great lights of Westminster Hall, of the last century, by the side of which all who have since occupied their places 'pale their ineffectual fires.' The volumes of Burrow, Cowper and Douglas, in which are preserved the beautifully reasoned judgments of Lord Mansfield, constitute an epoch in English Jurisprudence, which will be felt to the latest times, when the faint lines which mark the era of the last ten years will no longer be discerned in the distance, or will be absorbed in the enduring traces left by that legislative Reform of the law, which is the characteristic of this age.

A General Digest of the Law for the year 1834, containing all the Reported Decisions in all the Courts; together with the Rules of Court, from Will. IV. By HENRY RoscoE, of the Inner Temple, Esq. Barrister at Law. London. 1835. pp. 742.

Mr. Roscoe, though yet a young man, has contributed much to the advance of professional knowledge. His works, already numerow, have been ably and faithfully prepared, and have been of essential service to the practitioner. His work on Evidence we regard of very high value, and we are anxiously expecting the publication of his work, already announced, on Evidence in Criminal Cases. L18 name alone gives assurance that the present work is well executed.

Mr. Roscoe states in his preface, that the monod pursued by him, in the preparation of this work, has been, after the perusal of a case, in one of the contemporary Reports, eithe to adopt the marginal note, or, if he thought it capable of being sefully abridged or altered, to abridge or alter it accordingly. To this abstract he has added the names of the cases cited in the rgument and judgment, for the purpose of affording a reference authorities where the volume containing the report in questior cannot readily be obtained. Mr. Roscoe

thinks, also that the insertion of these authorities will be found useful in promoting a practice of great importance, that of noting, in the margin of the Reports the names of the modern cases. The cases are arranged with skill and classed under proper heads. To each individual case, an under-title is added, as in the Digest of Reports in our Journal; so that the eye may with ease distinguish what particular point of the general branch of law was involved in the decision.

Practical Directions for taking Instructions for, and drawing Wills; with an Appendix of Precedents. By WILLIAM HUGHES, Esq., of Gray's Inn, Barrister at Law. London. 1833. 12mo.

This volume, small as it is, appears to have been written in considerable haste. It is of quite an elementary character and will be very useful to practitioners who are called upon to draw up wills. Its object is to give practical hints to persons taking instructions for drawing wills, in order to discern in what manner the testator may wish to dispose of his property; to point out the most effectual means of carrying his intention into effect, by explaining the manner in which the different estates and interests should be limited, and by referring to the forms which may be best adapted for that purpose, and which are given in an appendix; and also to point out the formalities requisite to be attended to in the execution.

The forms are arranged in distinct clauses, which may be selected a occasion may require; and, in order to prevent any difficulty from arising as to their order and arrangement, several skeleton wills are supplied, by which it is shown in what order the different clauses should be placed, so as to adapt them to almost every possible purpose.

In the Introductory Chapter, the lengths to which courts have gone in order to effectuate the testator's intention are commented on. The second chapter furnishes practical suggestions for taking instructions for wills. The enquiries to which the person about to prepare the will should direct the tention of the testator, are expressed in a short and didactic manner. The third chapter furnishes practical directions for drawing wills, in regard to the property on which the will is intended to operate, the description of the devisee, the devises and bequests in trust, the devises and settlements of real estate, provisions for children and legacies. The fourth chapte treats of the execution and attestation of wills,―of the execution of wils of real and personal estate,―o what will be a valid execution within he statute of frauds,-conclu ding with practical observations, which a highly useful and impor

tant. In the fifth chapter the rules with regard to the revocation of wills are considered; in the first place, express revocations, and in the second place, implied revocations, arising either from subsequent conveyances, or marriage and the subsequent birth of children. The sixth and last chapter, treats of the republication of wills. These chapters occupy only 135 pages of the volume, the remainder of which is taken up by a valuable collection of precedents.

A Practical Treatise on the Law of Bonds, with an Appendix of Forms, Declarations and Pleas. By EDWIN TYRREL HURLSTONE, Esq. of the Inner Temple, Barrister at Law. London. 1835.

This work appeared in London as late as last March. It has since then been reprinted in our country, forming part of the July number of the Law Library. The object of the author has been to collect and arrange the numerous cases relative to the Law of Bonds. In pursuing this object, he states that the early decisions have been examined and referred to, so far as they are applicable to the present law. It is said by the author, however, that upon perusing the cases collected in the old Abridgements, it appeared that a great portion of the questions brought before the courts, have arisen from the various and unsettled terms formerly used in creating an obligation, and the ambiguity consequent therein; and that, therefore, the nature of a bond being now better understood and its form settled by practice,-many of the early decisions are no longer important.

The first chapter treats of Bonds in General; the second of Bonds with Condition, under which are considered the nature and requisites of a good condition, and therein of conditions unlawful at common law or by statute; the construction of the conditions and recitals; the performance or breach of the condition. The third chapter, which treats of Stamps, contains little that will be interesting to a practitioner of our country. In the fourth chapter are discussed the nature and requisites of those particular bonds upon questions which most frequently arise in practice; as bail-bonds, replevin bonds, administration bonds, bastardy bonds, annuity bonds, arbitration bonds, bonds to replace stock, bottomry and respondentia bonds, post obit bonds, and indemnity bonds. Chapter fifth treats of Joint and Several Bonds; Chapter sixth of the Proceedings against Heir and Devisee on the Bond of Ancestor or Devisor. In Chapter seventh is considered the important subject of the Liability of the Obliger, generally, and as Surety ;in Chapter eighth is the effect of Changes by Death, Marriage, Bank