COURSE OF LAW STUDIES.

(Continued from Vol. I., p. 207.)

[WE are sorry we have been unable, for want of space, to resume this subject before now. We begin to fear that our pages are too few, but we must wait a little longer to feel our way before having recourse to any change, either in size or price.-ED.]

Works on Contracts.-The last class of books before referred to (Vol. I., p. 207) comprises Treatises on Contracts and Torts. These are preferable to the Nisi Prius works; indeed some of them are of great repute. Commencing with contracts, the first book to be taken up is the late J. W. Smith's Lectures on the Law of Contracts, the third edition of which, under the editorship of Mr. J. G. Malcolm, appeared in 1860, price 16s. It is rather a small book, and of course elementary, but it has the great advantages of being thoroughly trustworthy and of treating of the principal doctrines of contracts. It should be added that a fourth edition is now in the press. We would advise the student to peruse the 11th chapter of our "Principles of the Common Law," pp. 131-211, on simple contracts, in which the nature of simple contracts is explained, and the provisions of the statute of frauds fully noticed, and the subject of illegal contracts is considered. Also chapter 15 of the same work, pp. 244285, treating of covenants, 1st, generally; 2nd, express covenants; 3rd, implied covenants; 4th, covenants running with the land; 5th, dependent, concurrent, and independent covenants; 6th, Who to sue and be sued in covenant. Those persons who desire more complete treatises can have recourse either to Chitty on Contracts or Addison on Contracts. The former work is by the late Joseph Chitty, jun., and the sixth edition appeared in 1857, under the editorship of Mr. J. A. Russell, who is Professor of English Law in University College, London. There is one volume, and the price is £1 12s. Mr. Addison's work has gone through four editions, the last of which appeared in 1856, price 42s. Of these two works, the student can choose which he likes, as they appear equally good, but it may be mentioned that whilst Mr. Chitty's work is confined to simple contracts, that of Mr. Addison extends to contracts under seal, which renders the work more extensive in its range.

Works on Torts.-With respect to works on torts, a large portion of Selwyn's Nisi Prius, under various headings, such as "Actions on the Case," "Trespass,' "Trover," &c., will furnish useful information, and the titles "Trover," " Trespass," and "Actions on the Case," in our "Principles of Common Law," may be consulted; that is, Chapter XIV., pp. 217-243; Chapter XIV., pp. 285-313; and Chapter XVII., pp. 313-353. A complete treatise on torts

has been very lately produced by Mr. Addison, the author of the above-mentioned work on contracts. The work is entitled "Wrongs and their remedies; being a Treatise on the Law of Torts." There is one volume, price 30s.

Smith's Leading Cases.-In addition to the preceding works, the industrious student will find it very useful to read and make himself thoroughly acquainted with Mr. J. W. Smith's "Selection of Leading Cases in various branches of the Law," some editions of which were edited by the present Judges Willes and Keating, but the last (fifth) is edited by Messrs. Maude and Chitty, and is just published, price 63s. It is superfluous to say anything in commendation of a work which has received the approbation of the whole profession, including the Judges. Of course, it will be with some a difficult undertaking, but perseverance will certainly be richly rewarded.

Works on some Branches of the Law.-Many students may not be satisfied with the preceding course, and may require advice as to works on some of the more important heads of the law, and we will therefore proceed to notice those which appear to us likely to be most serviceable. Some of the works already mentioned will have furnished information of a more or less extended nature concerning many of the principal heads of the law, such as bills of exchange, executors, partnership, landlord and tenant, ejectment, insurance, &c.; in particular, the various works on Nisi Prius (Vol. I., p. 207), those on contracts and torts; our "Principles of the Common Law" contain, in addition to the matters which we have before mentioned as being noticed therein, such titles as Accounts (pp 20-24); Account Stated (pp. 24-28); Administrators (pp. 37-44); Agent and Principal (pp. 44-63); Aliens (pp. 63-66); Ambassadors (pp. 66-68); Annuities (pp. 68-75); Attorneys (pp. 75-86); Bills of Exchange and Promissory Notes (pp. 86-131); Replevin (pp. 211-216); Dower and Ejectment (pp. 354-360).

Works on Bills of Exchange.-With respect to the law of bills of exchange and promissory notes, the work of Mr. Justice Byles will be found useful, though more complete works are those by Chitty and Bailey. The last edition of Byles is the seventh, published in 1857, in one volume, price 22s. The last edition (the tenth) of Chitty appeared in 1858, one volume, and is edited by Messrs. Russell and Maclachlan, price 28s. The last edition of Bailey is the sixth, one volume, edited by Mr. G. M. Dowdeswell, price 22s., 1849. Mr. Chitty's work has the better reputation.

Works on Executors.- On the law of executors and administrators, the most complete work is that by Mr. Justice Williams, in two volumes, fifth edition, 1856, price £3 13s. 6d. It is a large work for reading, but there is not any other at present which can be con

sidered as superseding it, though the smaller work of Mr. Allnutt, entitled "The Practice of Wills and Administrations," with forms, fourth edition, price 21s., may perhaps suffice for most purposes. It is to be regretted that there is not a later edition of Toller's Executors than that of 1838, by Whitmarsh, price 16s., the law since that time having undergone considerable alteration, otherwise it is an excellent compendium of this branch of the law. We may here add that a new work is announced under the title of "A Concise and Practical Treatise on the Law of Executors and Administrators," by Mr. J. G. Malcolm, but it is of course uncertain when it will appear.

Works on Partnership.—If a work on partnership is desired, that by Mr. Lindley, which also includes the law relative to joint-stock and other companies, will be found very useful; it is in two volumes, 1860, price £2 8s. Mr. Bissett's work on Partnership, which also includes railway and other joint-stock companies, is a very able one, but its date is 1847, price 18s. The work in most vogue is that by Mr. Collyer, which, however, is confined to ordinary partnerships, of which a second edition appeared in 1840, and a third is now announced as being in the press. Mr. Gow's work contains a good summary of the law, but there has been no edition since the third, in 1830, with a supplement in 1841, bringing down the decisions to the latter period.

Works on Landlord and Tenant.—As to landlord and tenant law, the most complete work is that usually called "Woodfall's Landlord and Tenant," but which its different editors, especially Mr. S. B. Harrison (now a County Court Judge in Canada) and Mr. H. Horn have changed into a nearly new work. An eighth edition is now in the press; it will, we presume, before long make its appearance, under the superintendence of Mr. W. R. Cole. The seventh edition, which appeared in 1856, was in one thick volume. A more elementary, but still very excellent work, is Smith's "Law of Landlord and Tenant," being a course of lectures delivered by the well-known J. W. Smith, the author of "Leading Cases" and "Law of Contracts," in the Law Institution. This was published posthumously under the editorship of Mr. F. P. Maude, with notes and additions; the price is 14s., the date 1855, in one volume. Mr. Coote's "Treatise on the Law of Landlord and Tenant" is a very good one, but there has been one edition only, and that so far back as 1840. It is in one volume, price 21s. Another and cheaper work is that by Mr. Archbold, which treats fully of actions, pleadings, and evidence, in the usual systematic and concise form for which the author has acquired such a reputation. There is a second edition, price 10s.

Works on Shipping.-On the law of shipping, the work of the late Lord Tenterden, known as "Abbott on Shipping," has been the

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favourite work. The tenth edition, with very considerable additions, is edited by Mr. Serjeant Shee, price 32s. However, two modern works have entered into a successful rivalry with the preceding; the first being Maclachlan's "Treatise on the Law of Merchant Shipping," 1860, one volume, price £1 12s.; the other being "A Compendium of the Law of Merchant Shipping," by Messrs. Maude and Pollock, one volume, 1861, price 30s. Mr. Dowdeswell has produced a very useful edition of the Merchant Shipping Acts, 1854, 1855, in one volume, price 14s., 1856.

Equity Practice.-We now proceed to mention some works in the important branch of equity, and, in the first place, it will be convenient to consider what relates to Practice. The country-articled clerk has little or no opportunity of making personal acquaintance with the course of business in this branch of the law, and therefore it behoves him to make up for this deficiency by extra diligence in reading. It must be admitted that it is no easy matter to acquire the necessary amount of knowledge in this manner, because the course of proceeding in equity is of a very peculiar nature. For the reasons before stated (Vol. I., p. 204) with reference to common law, we would advise the student to read some short statement of the proceedings in equity, such as that in Chapter XXXVI. of our First Book or Outlines of Law, or in Book V., Chapter XIV., of Stephen's "Commentaries." The points to which the reader will direct his attention are the following (the references are to the pages of our First Book); the names and number of the judges, observing which of them have appellate and which original jurisdiction (p. 283); how proceedings are commenced, noticing which are the usual modes and which only occasional, bearing in mind that the proceeding by claim has been abrogated, and particularly noticing that the proceeding by summons is confined to administration suits, and does not embrace all such cases (p. 283); that bills must be printed, though in particular cases a written copy may be filed as a substitute for a limited period of time (p. 283); that bills of revivor and supplement, where suits become defective by the happening of some event, have in most cases become superseded by a simple statement, and order of course to revive (pp. 283, 284); that there is now no process requiring the defendant's appearance, but a copy of the bill is served (p. 284); that the defendant has a limited time for appearing to the bill, and that on his default the ordinary course is for the plaintiff to appear for the defendant, and not to proceed, as formerly, by way of attachment (p. 224); that a defendant is not bound to answer a bill unless interrogated, but he may, within a limited time, put in a voluntary answer (p. 284); let it be borne in mind that this kind of answer cannot be objected to like an answer which the plaintiff has called for, termed a compulsory

answer; that a defendant may defend himself by demurrer, plea, or answer, or he may disclaim; care should be taken to understand the appropriate offices of each of these proceedings, and the times within and the modes in which they may be put in (pp. 284-286); and it should be borne in mind that a defendant has now twenty-eight days' time to answer, in lieu of the shorter period mentioned at p. 286; that to call for a compulsory answer, interrogatories must have been filed, and be also delivered within limited periods of time (pp. 284, 285) respecting which mistakes are very common, as we have pointed out in Vol. I. (pp. 1, 28, 29); that an answer may be enforced, where desired, by process of contempt; but there is no proceeding like that at common law; that where the plaintiff considers the defendant's answer insufficient, his course to get a better answer is to file and set down exceptions for hearing in Court (p. 286); that either where the defendant has answered or has not, the plaintiff may give a month's notice of motion for decree, first filing his affidavits (pp. 287, 288); notice the different times for filing the affidavits; that if the plaintiff does not give a notice of motion for a decree, he must, if he wishes to proceed, join issue by filing a replication; observe that after replication filed there can be no notice of motion for a decree (pp. 286, 287); that evidence in equity is now chiefly by affidavits, but the witnesses may be orally examined before examiners (p. 287), or even at the hearing (1 Exam. Chron., pp. 134, 168; Ord., 5 Feb., 1861); that where replication is filed, the evidence must be closed within eight weeks after issue joined, except the cross-examination of an affidavit-witness (p. 28×); that where a replication is filed, but not where notice of motion is given, a subpoena to hear judgment is issued and served (p. 288); that before the decree is drawn up minutes are prepared and settled (p. 288); that decrees are either interlocutory, or (but rarely) final; that issues of fact may be directed to be tried at law (and so indeed by the 21 & 22 Vic. c. 27, s. 3, such issues may be tried by a special or common jury before a court of equity, but this is rarely acted on), but that cases are not now sent to common law courts for their opinion; that accounts are taken and inquiries made in Judges' Chambers by the Chief Clerks, and that afterwards the cause is brought on in Court on further consideration, formerly called further directions (pp. 288, 289); that decrees for payment of money and costs may be enforced by execution against the party's property, but not his person; that where the decree is for some other matter, or for money or costs, it may be enforced by process of contempt, which is then against the person (pp. 289, 290); that a registered decree or order will have the same effect as a registered judgment at law (p. 290), as to which see 1 Exam. Chron. pp. 31, 195, 196.

The student cannot now do better than read Mr. Hunter's