[** All Law Books and works of interest to the Legal Profession, forwarded to the Editor of the LAW MAGAZINE, will henceforth be noticedeither shortly, or at length-in its pages.

atrotron adj dordla to, dood ɑp-ton bow s

A Treatise

the Powers and Duties of Parish Vestries in 1 的 se on in

Eccle

siastical Matters, being a Vestryman's Guide. By A. Wills, Esq., Barrister-at-Law. London: Maxwell.

1855.

111

THIS seems to us to be a useful and well-executed little volume. “It

has been my object," says its author, "to place within the reach of the vestryman the information which he requires to enable him to assert those rights to which, as a vestryman, he is by law entitled ; and to indicate to him the extent and the limits of his powers and obligations as a parishioner. While this work is thus intended to be useful and intelligible to the vestryman, it is, I trust, not destitute of legal accuracy. So far as we have looked into it (and we have examined with some care its most important and interesting portions), this book vindicates the announcement of its author, and is entitled to be designated "A Vestryman's Guide," in regard to all matters wherewith he is concerned in his official and constituent capacity. The duties devolving on a vestryman are various and important: he is called upon to participate in the election of churchwardens and other functionaries; with him it lies to entertain the question of a rate to make or refuse it. At p. 66 of the Treatise before us, is stated the mode of granting a church-rated; at p. 150 is discussed the legality of refusing so to do, and the consequences which thence result. We noticed that the Lord Chancellor, whilst remarking the other day upon the anomalous state of our law in regard to the mode of compelling a church-rate upon recusant parishioners, and, after citing the maxim, ubi jus, ibi remedium, as generally recognised in our law, intimated that excommunication was not at the present day to be deemed (even by the uninitiated) an engine specially well adapted for this end; and we perceive that the learned author of the work before us, taking the same view, observes, that "the obligation of the parish [to make a rate for repairs of the church] is undoubted; and where is the remedy to enforce it? The answer is, that a remedy exists still by interdict, or by prosecuting and excommunicating all the parishioners, which was once powerful and efficacious, but whose power and efficacy are now worn out." The subject here alluded to, and, we must in justice say, ably handled by our author, demands, and will doubtless soon receive, due attention from the Legislature. We cordially recommend the volume which has elicited these brief

remarks, as well to the attention of the learned profession as to the perusal of that very large class of the community for whom more particularly it is designed.

exhold whil to autoff rode

The Military Forces of Great Britain and Ireland: their Constitution, Administration, and Government, Military and Civil. By H. Byerley Thomson, Esq., of the Inner Temple, author of "The Laws of War affecting Commerce and Shipping." London: Smith, Elder, & Co. 1855. (pp. 399.)

THIS is a well-timed and a well got-up book; of which the contents are, for the most part, compiled with considerable care and diligence from various well-known and authentic sources; in part, also, original, and-where so-indicating a very laudable amount of interest on the part of the author in the subject which he has selected for treatment. We could wish, however, that somewhat more had been said relative to courts-martial, the proceedings thereat, the rules of evidence there recognised. This part of the general subject undertaken by Mr. Thomson, be it remembered, is of extreme interest and importance to military men; has frequently, and on memorable occasions, riveted the attention of civilians; and demands, at the hands of one who affects to write respecting the constitution and government of our army, much and scrupulous examination. It might be illustrated by many important cases, for references to which we confess thate we have searched vainly in the work before us" boisagiesb ed of To the ninth section of the volume now under our notice, we can unhesitatingly award commendation; it treats of the nature of military authority, and the mode in which it may be exercised. It opens with an allusion to the great case of Sutton v. Johnstone, 1 T. R. 504; passes in review many decisions of our Courts at Westminster, which should be familiar to the military commander, as they are to the forensic practitioner; and concludes with a brief but judicious exposition of the law of England in regard to the mode admissible for the preventing, quelling, and dispersing of tumultuous and riotous assemblages.***

roo to The work concludes with several important sections on the militia ands volunteer corps, which must indubitably have considerable interest and value at the present time. W zove) bemsub ed

r

A Digest of County Court Cases, decided in the Superior Courts on Motion or on Appeal. By Sir George Stephen, Barrister-at-law. London Crockford. 1855.

THIS digest is alphabetically arranged, with a view to the convenience of the practitioner. It consists merely of brief abstracts of cases, and is, we presume, intended as a note-book, to be filled up as opportunity offers by its owner. e C7 t toutmoser vieiören

Reports of Cases relating to Letters Patent for Inventions, &c. Part I. By Edmund Macrory, Esq., Barrister-at-law. London: Benning & Co.

THIS, the first part of a new series of reports of the proceedings in Patent Cases, has been produced with a very creditable amount of care and diligence by the learned reporter.

MR AT-god erJO ) JADITEL:8330) The Westminster Review. New Series. April, 1855. London: Chapman. THIS is an excellent number of the above Quarterly. To one article contained in it, that which treats of the Re-organization of the Civil Service, we would specially direct the attention of our readers. The other contents, although very able, are not suited to notice in these pages. I ditorio les co) V by Lil M

1

The Journal of Psychological Medicine and Mental Pathology. April, 1855. London: Churchill,ind ofgate a troddiw, comsbnetts THIS periodical contains matter of great interest to the legal legal profes sion respecting a much-vexed subject, that of irresponsibility for acts prima facie criminal, on the ground of mental aberration, to which we propose very speedily to direct attention. In the meantime we can but recommend the suggestions thrown out in the work before us to the consideration which they merit. ene-rotisilon adt JLC MV TM astark N

1

Ayckbourn's Chancery Practice. Fifth Edition. By T. H. Ayck bourn, Esq., Barrister-at-law, and Hubert Ayckbourn. London: Wildy and Sons. 1855.

Having just one twelvemonth since (see the Law Magazine for May, 1854), expressed our high opinion of the 4th Edition of this popular Hand-book an opinion which has been amply confirmed by its marvellously rapid salewe need now but notify to our readers the fact that another carefully revised edition of the work before us, which as we believe will well sustain its established reputation, has just issued from the press. This volume may fairly lay claim to the title seldom accorded to a book of practice of a vade mecum, taining multum in parvo.

Y

con

ECCLESIASTICAL COURTS REFORM.-The Ecclesiastical Courts are to be swept away, and a competent tribunal established in lieu of them. It is, moreover, satisfactory to lawyers to see that the practice of the new tribunal is to be open to the whole profession, ten1

LCOUNTY COURT JUDGES.The Lord Chancellor has made an order altering the circuit of some of the County Court judges. Mr. Burnaby bas been removed from circuit 34 to circuit 20, held by the late Mr. Hildyard; Mr. Cooke, of circuit 11, at Bradford, has been appointed to circuit 34; and Mr. Lonsdale, the last appointed judge, is to take the circuit held by Mr. Cooke.

Ar the last Quarter Sessions at Lewes, ten barristers were in attendance, without a single brief; and four prisoners only were upon the calendar, most of whom pleaded guilty.

LAW AMENDMENT SOCIETY.-The annual meeting of this society was held in London last month, Lord Brougham in the chair, There was a large attendance of members; amongst whom were Mr. Vernon Smith, M.P., Mr. Fitzroy, M.P., Sir J. Pakington, M.P., the Solicitor-General, Mr. Dunlop, M.P., Viscount Ebrington, M.P., Mr. Napier, M.P., Mr. M. D. Hill, Mr. Hadfield, M.P., Mr. Crauford, M.P., Mr. Murrough, M.P., Mr. Whiteside, M.P., Mr. Massey, M.P., &c. In opening the proceedings, the noble chairman said he did not remember a session which had done more for the amendment of the law than the last, and he would fain hope that the present would not lag behind with "unequal foot." The following resolution, moved by the Solicitor-General, and seconded by Sir J. Pakington, was agreed to:-"That, in the opinion of this meeting, it is desirable that the friends of law reform should, at the present time, direct their special attention to the following measures:-1. The consolidation of the law. 2. An amendment of the Common Law Procedure Act of last session, so as more effectually to secure the attainment of its objects. 3. An amendment in the law of bankruptcy. 4. An alteration in the law of partnership, with a view to affording greater facilities for the formation of partnerships with limited liability. 5. An amendment in the laws relating to women, including the law of divorce. 6. The appointment of a public prosecutor. 7. The more speedy trial of offenders (especially when charged with petty offences), and a general improvement in the administration of the criminal law. 8. The amendment of the Acts of last session relating to juvenile reformatories."

THE Charity Estates Commission are to have further powers. They are unable to carry out the objects for which they exist, because the Legislature did not vest them with the necessary authority to compel disclosures in the first instance. It is singular that nearly every Act for creating a new jurisdiction requires an Amendment Act before it will effect its object. i. 946H boci CRIMINAL LAW. Lord Brougham' has moved a series of resolutions on Criminal Law Procedure in connection with his Bill on that subject, of which the chief features are these:

t

6. That the prosecution of offenders should be intrusted to an officer appointed by the Government, with such number of subordi nate officers as may be required for conducting prosecutions in the counties and larger towns; but that until such a measure can be adopted, it is expedient to appoint barristers, who shall advise upon and conduct the prosecutions in the Central Criminal Court and the Courts of Quarter Session of Middlesex and Surrey.

7. That the public prosecutor should, in all the graver cases, as the pleas of the Crown and forgery, proceed by bill before the grand jury; but in other cases should, at his discretion, be allowed to proceed upon commitment by a stipendiary magistrate, without any bill

found.

stel

8. That assizes should be holden four times a year in each county, and quarter sessions so frequently and at such times relating to the assizes as that a court of criminal jurisdiction shall sit once a fortnight in each county d W X Y 8700

9. That to equalise the business, counties may be divided and parts of different counties united for the purposes of trial, and that persons may be tried at the option of the public prosecutor, either in the district where the offence is alleged to have been committed, or in an adjoining district.

10. That the same criminal jurisdiction should be given to judges of the County Courts as is at present possessed by the quarter sessions of the peace; that this jurisdiction should extend over the district subject to their civil jurisdiction, and that the justices of every county may be relieved from the obligation to hold sessions oftener than four times a year, whensoever it shall appear that, besides those four sessions and the assizes, there is a sufficient number of County Court criminal sittings to give two criminal courts monthly in the district.

The Government Bill for the summary and speedy trial of petty larcenies will be reviewed in our next number, and its bearings discussed.

(T