explanation in connexion with the clauses of the Act, which they seem to us to require. For example, does O. LV. R. 13 A (c) enable an application. for a vesting order under clause 31 of the Act to be made by summons, the word 'judgment' only being used in that clause?

A Digest of Civil Law for the Punjab, chiefly based on the Customary Law as at present judicially ascertained. By W. H. RATTIGAN. Fourth Edition. Allahabad: Pioneer Press. 1893. 8vo. xii, 177, and xxxi pp.-The fact that Dr. Rattigan's digest of Panjab law is both meritorious and of great practical utility does not by any means prove that it would be wise or safe for the Government of India to charge itself with codifying Asiatic customs. Mr. Bogišić, in a much smaller, and one would think a safer field of experiment, deliberately left the law of the family out of the code of property law which he drafted for the Principality of Montenegro, and which has now been in force there for some years. Does Dr. Rattigan think the customs of mixed races and religions in the Panjáb a lighter thing to meddle with than those of uniformly Orthodox Slavs ? Therefore we wish, contrary to Dr. Rattigan's expressed aspirations, that he may enjoy the honour and profit of many more editions of his Digest before there is any talk of turning it into an authoritative Code.

The Institutes of Justinian illustrated by English Law. By JAMES WILLIAMS. Second Edition. London: W. Clowes & Sons, Lim. 1893. 8vo. xx and 351 pp. (78. 6d.)-This book seems intended for the use of students of Roman law who take up the Institutes after having made some acquaintance with English law. We should think it more embarrassing than useful to a learner who takes his Roman law first to try to pick up English law pari passu with his Institutes by means of a series of comparative notes. That some one does find the book useful is proved, however, by this being the second edition. Mr. Williams's statements of English law seem to be as generally accurate as can be expected, having regard to their brief and elementary character. It would have been better to quote less freely and with more critical discretion from unauthoritative text-books of both Roman and English law, and we do not think the latest editions have always been used.

On the Nature of State Interference. By HORACE SEAL. London: Williams & Norgate. [1893]. 8vo. viii and 96 pp.-In nature everything interferes with everything else, and only the very lowest individuals can be called individualist. Therefore increasing State interference in human society is part of a necessary and beneficent evolution. Such is the nearest approach we can make to a consecutive head-note for this little book. It is wonderfully desultory for its size, but a clever book withal; and it may well be found stimulating, which in speculative politics is the most that can be expected of any book short of a masterpiece. Its connexion with the Faculty of Law is somewhat remote: hence the brevity of this notice.

Social Evolution. By BENJAMIN KIDD. London: Macmillan & Co. 1894. 8vo. vi and 348 pp.-We have not had time to verify how far Mr. Kidd's book touches on the theory of legislation or any other topic properly within the province of law. One of his main points, apparently the central one, is that no rational proof can be given to the individual that his interest coincides with that of society, and this because in fact it does not. If this be so, law must of course be conceived not as a temporary but as a permanent and necessary constituent of social life. Mr. Kidd has some good critical points: thus he perceives that Mr. Herbert Spencer's political

philosophy is in essentials pure individualism. The book seems remarkable and likely to be fruitful.

The Statutes of Practical Utility . passed in 56 & 57 Vict. (1893), alphabetically arranged, with notes thereon, and a copious Index. By J. M. LELY and W. F. CRAIES. Vol. III. Part 3. London Sweet & Maxwell, Lim.; Stevens & Sons, Lim. 1894. 8vo. 599-747 pp. (108. 6d.)

A Treatise on Stock and Stockholders, Bonds, Mortgages, and General Corporation Law. By WILLIAM W. COOK. Third Edition. Two vols. Chicago: Callaghan & Co. London: Kegan Paul, Trench, Trübner & Co., Lim. 1894. La. 8vo. ccvii and 2068 pp.

The Revised Reports. Edited by Sir F. POLLOCK, assisted by R. CAMPBELL and O. A. SAUNDERS. Vol. XIII. 1811-1815. (2 & 3 Vesey & Beames19 Ves.-14 & 15 East-4 Taunt.-3 Camp.) London: Sweet & Maxwell, Lim. Boston: Little, Brown & Co. 1894. La. 8vo. xvi and 842 pp. (258.)

Index of Cases commented upon in judgments in the Court of Session and in Scottish Appeals to the House of Lords, 1862-1893. By P. J. HAMILTON GRIERSON. Edinburgh: W. Green & Sons. 1894. La. 8vo. vii and 473 PP.

Five Years' Railway Cases, 1889-1893... being a supplement to Railway Rights and Duties. By JAMES FERGUSON. Edinburgh: W. Green & Sons. 1894. 8vo. viii and 124 pp.

The Annual County Courts Practice, 1894. By His Honour Judge HEYWOOD. Two Volumes. London; Sweet & Maxwell, Lim.; Stevens & Sons, Lim. 1894. 8vo. xxxii and 946, xiv and 438 pp. (258.)

Les lois sociologiques. Par GUILLAUME DE GREEF. Paris: Félix Alcan. 1893. 8vo. 181 pp. (2 fr. 50).

Outlines of the Law of Torts. By R. RINGWOOD. Second Edition. London: Stevens & Haynes. 1894. 8vo. xli and 253 pp.

The Editor cannot undertake the return or safe custody of MSS.
sent to him without previous communication.

THE

LAW QUARTERLY

REVIEW.

No. XXXIX. July, 1894.

NOTES.

RDER XLVIII A, r. 1, applies to any firm carrying on business

firm, and whether it also carries on business in a colony or abroad or not. And a writ may be issued against the partners in the firm name without leave of the Court.

This is the technical point determined by the Court of Appeal in Worcester City &c. Co. v. Firbank & Co., '94, 1 Q. B. (C. A.) 784, 9 R. May, 217.

The decision may seem to determine a mere matter of practice, but in reality it involves the whole theory of the limits of the High Court's jurisdiction over persons not resident in England, and suggests several important conclusions.

First. In an action against a firm the High Court claims jurisdiction over aliens no less than over British subjects merely on the ground of their carrying on business in England.

Secondly. Worcester City &c. Co. v. Firbank & Co. is distinctly opposed to the spirit of such cases as Russell v. Cambefort, 23 Q. B. Div. 526, Grant v. Anderson, '92, 1 Q. B. (C. A.) 108, St. Gobain &c. Co. v. Hoyermann's Agency, '93, 2 Q. B. (C. A.) 96, 4 R. 441.

Thirdly. From the above cases read together results a singular anomaly. If an alien carries on business in England, but resides abroad, then the mere fact of his carrying on business in England does not give the Court jurisdiction to entertain an action against him; but if a firm consisting of two aliens carries on business in England, but both of them reside abroad, then the mere fact of their carrying on business in England does give the Court jurisdiction.

Fourthly. The Rules of Court as to actions by and against firms contained in Order XLVIII A require revision; they are obscure in

themselves; the decisions of the Court of Appeal reduce them to hopeless confusion. The source of this confusion is not hard to discover. The Order was intended to deal with what may be called matters of form, and merely to make it possible to sue a firm or an individual under a trade name. But the Order has in fact raised some of the nicest questions of jurisdiction.

We suspend comment on Hanfstaengl v. Empire Palace, '94, 2 Ch. 1, C. A., until the judgment of the C. A. in Hanfstaengl v. Newnes, reported in the Court below 8 R. May, 127, is fully before

us.

The points actually decided are that (1) a group of living persons arranged after a picture and exhibited for gain does not infringe the copyright of the picture: (2) neither does a sketch taken from that group and published as an illustration of the performance and not of the picture.

In the Chishima-Ravenna case some important questions will have to be decided by the Judicial Committee. One is, whether under the existing arrangements for British Consular Courts in Japan a counter-claim by a British defendant against a Japanese, and especially against the Japanese Government, can be dealt with by such Courts. Another is, whether the Inland Sea of Japan is to be treated as a portion of the high sea or as Japanese territorial waters. The Chief Justice at Shanghai, reversing the decision of the Consular Court at Yokohama, decided that the collision which occurred in a narrow channel of the Inland Sea between the Chishima, a Japanese public ship, and the Ravenna, one of the Peninsular and Oriental Company's steamers, took place on the highway of nations, and that this was the same thing as saying that it occurred at a spot which, for the purposes of the law administered in his Court, must be considered as the high seas. His decision was also in favour of the British company as regards the admission of the counter-claim, the jurisdiction exercised by his Court being exercisable under the order in Council upon the principles and in conformity with the law in force and for England.' As regards the legal position of the Inland Sea, the description given of it, viz. that it is entirely surrounded by Japanese territory and has four entrances, two extremely narrow, the third under two miles in width, and the fourth with two branches, the broader of which is about two miles wide, cannot be said to substantiate the assimilation of the waters in question to the high sea. The admission of the counter-claim under the circumstances raises the more delicate point of whether Japan, by renouncing her jurisdiction over British subjects sued on her own territory, can be considered