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nical law. Mr. Oliver thinks the law ought not to be reproached with all this uncertainty, but that it should rather be considered as that of the result of the trial than of the law, which he illustrates by the case of a failure to establish a right for want of evidence of a fact, which the party supposed he should be able to prove; and another case in which the construction of the same testimony might be different in different courts. In short, the uncertainty of most frequent occurrence is that of the facts, namely, first, as to what can be directly proved, and secondly, as to those which will or ought to be inferred from, or be considered as established by, those which are so proved. But he adds, that to those ignorant of the law it must necessarily be uncertain. And he puts out his book for the purpose of removing this cause of uncertainty in many ordinary transactions, and also to put the man of business on his guard in respect to those circumstances by which he may be most in danger of losing his rights or remedies.
The first subject is contracts, in regard to which the author treats first of the different kinds, as implied, express, executed, executory, absolute, conditional, contingent, obligatory, void, voidable; then of their requisites, as capacity to contract, consideration, consent, fraud, legality, mutuality. Chapter 2 treats of the construction, the performance and rescinding of contracts., 4, contracts with married women; 5 and 6, the statute of frauds; 7, sales; 8, stoppage in transitu ; 9, liens; 10, alterations, payments, acquittances, tender. Part 2, ch. 1, treats of agents and factors; 2, partnerships; 3, bills of exchange, &c. 4, insurance; 5, shipping; 6, bottomry and respondentia ; 7, carriers, innholders.
Such are the subjects of this work, and from a cursory examination of some of the chapters, they appear to be treated in a plain and popular manner, so that the work may be read with interest, even though the reader is not seeking for maxims and rules of practical application in business. The rules and doctrines contained in the work are such as every well informed man ought to be acquainted with, though his business is not that of making bargains, or his object, that of avoiding lawsuits. As a subject of philosophical inquiry and the gratification of a liberal and enlightened curiosity, a knowledge of the mercantile relations of men as parties to contracts and transactions, and the obligations by which they become mutually bound, are quite as important as the facts which go to constitute what commonly passes under the name of history. Mr. Oliver usually, but not invariably, refers to
his authority at the bottom of each paragraph, citing the page merely, and not the name of the case referred to. These references make the book a useful one for lawyers, without diminishing its utility to others. It is, however, more particularly designed for others than members of the profession, to whom it may be recommended as a very useful and instructive epitome of the law on the several subjects which it embraces.
INTELLIGENCE AND MISCELLANY.
Gould's Pleading. Preparing for publication, and nearly ready for the press. A Treatise on Pleading, by James Gould, LL. D. This work, which will form a volume of about 400 pages, 8vo., is strictly original, both in plan and execution; with scarcely a page of compilation in the whole. It has been the object of the learned author to make this title of the law, in all its parts, easily intelligible, by treating it, not as a collection of positive rules, (as our legal treatises and digests commonly do) but as a consistent, systematic, and rational science; and this has been effected by tracing the rules and doctrines of pleading to their elementary principles or reasons, except when these are too obvious to require such an elucidation. Those who have had the privilege of attending Judge Gould's Lectures will readily understand the plan of the work, and will as readily appreciate its merits; this treatise being but a new version, somewhat enlarged, of his Lectures on the same subjeet. Having had some opportunity of examining the MS., we are prepared to say to the public generally, (what we deer sufficient praise) that its publication will fully sustain the reputation of its author.
New Law School in Virginia. Briscoe G. Baldwin intends opening a Law School in the town of Staunton, Virginia, to be continued permanently, if adequate encouragement should be received. The mode of instruction will be a course of lectures and study, and frequent examinations. In order to devote the greater part of his time to the proposed school, he will, from its commencement, confine his practice to the Court of Appeals at Lewisburg, and the Federal and Circuit Superior Courts in Staunton. The first session will begin on the first of October, and continue until the first of July next following, without intermission, except during the terms of the Federal and Circuit Superior Courts. The tuition fees, per session, will be seventy-five dollars.
Viva Voce Examination in Chancery. One question in regard to chancery reform in England, relates to the admission of viva voce testimony ; in regard to which it seems that the present Lord Chancellor has said, ' The proposition for having recourse to viva voce examinations, instead of interrogatories, is, I am glad to say, fully admitted and approved of.' The London Law Magazine remarks upon this subject, that 'the expediency of this suggestion, though it is sanctioned by the high authority of Mr. Spence, is beginning to be regarded as very doubtful indeed : and we think it very likely that the objections urged by Lord Lyndhurst, in his speech, Feb. 5th, will ultimately prevail.' These objections are, that almost all the advantages of viva voce evidence would be lost if the evidence were to be taken before one judge; and another judge, who had not heard the witnesses examined, should pronounce upon it.' “With the mode of examination suggested by his noble and learned friend, it was almost impossible that in the majority of cases, the examination could be completed in a single sitting. An adjournment must take place, and the consequence would be, that the very evil which the court of equity was most anxious to obviate, would take place - namely, that one party would have an opportunity of framing his evidence, after having heard that which was opposed to him, and thus a fabricated defence would be offered to the court.'
District Attorneys of the United States. Thomas B. Monroe, District Attorney of the United States for the District of Kentucky, in place of John Speed Smith, resigned : Daniel Le Roy, in Michigan: Nathaniel S. Benton, Northern District of New York, in place of Samuel Beardsley, elected to Congress : David E. Baker, in Illinois, in place of Samuel McRoberts : Thomas E. Burfoot, for the Western District of Virginia, in place of Robert Stannard, resigned.
QUARTERLY LIST OF LAW PUBLICATIONS.
AMERICAN. Reports of Cases adjudged in the Court of Common Pleas, Quarter Ses. sions, Oyer and Terminer, and Orphans' Court of the First Judicial District of Pennsylvania. By John W. Ashmead.
Reports of Cases adjudged in the Supreme Court of Pennsylvania, by Wm. Rawle, Jr., Charles B. Penrose, and Frederick Watts, Counsellors at Law. No. 3, forming the 1st volume.
Reports of Cases argued and determined in the Supreme Court of Judicature, and in the Court for the trial of impeachments and the correction of errors of the State of New York. By John L. Wendell, Counsellor at Law. Vol. 5.
The case of the Cherokee Nation against the State of Georgia, argued and determined at the Supreme Court of the United States, January Term, 1831; with an appendix, containing the opinion of Chancellor Kent on the case; the Treaties between the United States and the Cherokee Indians; Act of Congress, 1802, entitled, “An act to regulate intercourse with the Indian tribes,' &c. and the Laws of Georgia relative to the country occupied by the Cherokee Indians, within the boundary of that State. By Richard Peters, Counsellor at Law. Washington. Thompson & Homans. 1831.
Connecticut Reports, Vol. VII, Part II. Containing the Decisions of 1829. By Thomas Day. Hartford. Packard & Butler. 1831.
The Law Summary; a Collection of Legal Tracts on Subjects of General Application in Business. By Benjamin L. Oliver, Counsellor at Law. Boston. Marsh, Capen, & Lyon. 1831.
A Digest of the Laws of Pennsylvania from the year 1710 to the 7th of April 1830. By John W. Purden.
ENGLISH REPUBLISHED. A Supplement to the Reports in Chancery of Francis Vesey, Sen. Esq. during the time of Lord Hardwicke, comprising Corrections of Statements, and Extracts of the Decrees and Orders from the Registrar's books, references to the cases cited, subsequent determinations of the several points, some MSS. cases, new marginal notes, and a copious index. By R. Belt, Esq. Barrister at law. First American from the last London Edition. vol. royal 8vo. Philadelphia. R. H. Small. 1831.
A History of English Law, or an attempt to trace the rise, progress, and successive changes of the common law from the earliest period to the present time, by George Crabb, Esq. of the Inner Temple, Barrister at Law. First American edition, with definitions and translations of law terms and phrases, additional references, dates of successive changes, explanations of abbreviations, &c. Burlington. C. Goodrich. 1331.
Reports of cases argued and determined in the English Ecclesiastical Courts; with Tables of the Cases and Principal matters. Edited by Edward D. Ingraham, Esq. of the Philadelphia Bar. Vol. 1st, containing Philimore's Reports.
ENGLISH Forms of Decrees in Equity and of orders connected with them, with Practical Notes. By Henry Wilmot Seton, of Lincoln's Inn, Barrister at Law. 1 vol. 8vo.
Bell's Supplement to Vescy Senior's Reports.
An Introduction to the Law relative to Trials at Nisi Prius. By Sir F. Buller, Bart., late one of the Justices of his Majesty's Court of Common Pleas. 7th edition, with copious Annotations, by R. W. Bridgman, Esq. 1 vol. 8vo.
A General Treatise on Statutes; their Rules of Construction, and the Proper Boundaries of Legislation and Judicial Interpretation. Including a Summary of the Practice of Parliament, and the Ancient and Modern Method of Proceeding in Passing Bills of every kind. With an Appendix of Precedents, Forms, Rules, and Orders. By Fortunatus Dwarris, of the Middle Temple. 8vo. pp. 624 and xxxiv.
Juridical Letters, addressed to Sir Robert Peel in reference to the present crisis of Law Reform. Letter III. By Eunomus. London. 1830. pp. 134. 8vo. [We have noticed the former letters of Eunomus in the last April number of the Jurist, and shall probably notice the third more particularly in a future Jurist.]
igest of Criminal Law. This work is alphabetically arranged, and comprises the whole of the alterations lately made in the Criminal Law, including the new Statute relating to Forgery. An Abstract of all the reported Cases is likewise given up to the end of Hilary Term, 1831, together with a notice of some points decided by the Judges under the late Special Commissions ; and the work will be found to be adapted, in its plan and arrangement, to the use of the Country Magistrate and private Gentleman, as well as to that of the members of the Legal Profession.
Practical Points or Maxims in Conveyancing; being Selections from the MSS. of Mr. Butler, Mr. Preston, Mr. Bradley, Mr. Barton, Sen., the late Mr. Downing, and others. The whole revised and alphabetically arranged for the use of Students and Practitioners. With Explanatory Remarks, and an Appendix containing Observations on Shelley’s settlement. By Charles Barton, Jr. Esq. of the Middle Temple. 8vo.
Archbold's Summary of the Law relative to Pleadings and Evidence in Criminal Cases; with Precedents of Indictments, &c., and the Evidence necessary to support them. Fourth edition, corrected and enlarged, with the Decisions and Statutes to the present time. By John Jervis, of the Middle Temple, Esq. Barrister at Law. 12mo.
An Abridgment of the Law of Nisi Prius. By William Selwyn, Esq. Barrister at Law. The Eighth Edition, with considerable alterations and additions. In Two Vols. Royal 8vo.
Concise Forms in Conveyancing. By Thomas Coventry, Esq. Barrister at Law. Fourth Edition.
A Memoir of the Life of Robert Henley, Earl of Northington, Lord High Chancellor of Great Britain. By the Right Hon. Robert, Lord Henley, his Grandson. 12mo.
A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading; with Second and Third Volumes, containing Precedents of Pleadings in three volumes. By Joseph Chitty, Esq. of the Middle Temple, Barrister at Law. The Fifth Edition, corrected and enlarged.
The Justice of the Peace and Parish Officer. By Richard Burn, LL. D. Twenty-sixth Edition, corrected and greatly enlarged, and containing a New Collection of Precedents. The titles · Excise and Customs, Poor, and Taxes.' By J. Chitty, Esq. of the Middle Temple, Barrister at Law. The rest of the Work by Thomas Chitty, Esq. of the Inner Temple. In Six Vols.