Editorial Committee of the Cambridge Law Journal

Acta Academiae Universalis Iurisprudentiae Comparativae. Vol. I by Elemer BaloghReview by: H. C. G.The Cambridge Law Journal, Vol. 4, No. 1 (1930), pp. 107-108Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge LawJournalStable URL: http://www.jstor.org/stable/4502481 .

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Book Reviews. Book Reviews. 107 107

Goode?ue's Personal Pro2verty. Seventh edition. :By D. T. OLIVER, of the ZIiddle Temple, Barrister-at-Law, iFellow and Lecturer in Law, - Trinity 1ia11, Cambridge. London: Sweet & Ma2zwell, Ltd. 1930. lvii axld 565 pp. (32s. 6d.)

1 GOODEV15 ' has long been a favourite with students and teachers alike, and stands unrivalled as an introduction to the study of the law of personal property. This new edition has been rendered necessary by the changes recently introduced byi the Companies Act, 1929, and issuing from the competent hands of Mr. D. T. Oliver it is, if anything, even better t}^an before. The only suggestion it is hardly a criticism-which oocurs to the revienver i8 that perhaps in future editions the question of documents of title to goOd8 might be dealt with more fully owing to the growing in}portance of these documents in modern commerce. A special word of praise must be given to the extremely lucid and accurate summary by the learned editor of the law relating to companies, a branch of personal property which presents unusual difficulties when it becomes necessary to compress it into a form suitable for assimilation by beginllers.

E. C. G.

Acta Academ Universal?.s lu7*isprudentiae Comparatiquae. Vol . I . E dited by ELXMER BALOGH . 1928. Berlin: Berlmann Sack. London: Sweet & Maxwell, Ltd. Paris: Marcel Riviere. ss:i and 1190 pp.

TEE Internationgl Academy of Comparative Law, which was founded at G%neva in 1924 and was transferred to The Hague in 1925, has furnished a visible BigII of its activities in the volume under review. The first part of this book is largely formal, as it consi6ta chiefy of the charter of the Academy, lists of members, and other documents of an official nature, but special attention may be directed to the obituary notices of Professor Vinogradeff by Sir Frederick Pollocls and of Sir 30hn Salmond by I)r. F. P. Walton. The secona part contains a number of monographs on various topics of comparative law, the most interesting from the point of view of Anglo-American lawyers being Dean Pound's examination of the influence of comparative law on the formation of American common law, and Professor Vinogradoff's discussion of the problems of customary law. Professor Lambert formulates a theory of international common law which merits serious attention, and ihould be read in conjunction with the critical examination by M. Andrd Weiss of the nature and characteristics of private international law in general. 'rhe third part is chiefly noteworthy for a discllssion by Professor Ldlry-Ullmann of the English law of agency viewed comparatively. This part al80 contains two valuable contributions, one by Professor Lee on the ' stiptFlotio

alterX ' in Roman-Dutch law, and the other by Dr. F. P. Walton on responsibility for breaches of duty to neighbours in making use of immovables. The fourth part is biographical and possesses quite an interest of its own, inasmuch as it contains portraits of the various learned lawyers constituting the membership of the Academy. Professor

Goode?ue's Personal Pro2verty. Seventh edition. :By D. T. OLIVER, of the ZIiddle Temple, Barrister-at-Law, iFellow and Lecturer in Law, - Trinity 1ia11, Cambridge. London: Sweet & Ma2zwell, Ltd. 1930. lvii axld 565 pp. (32s. 6d.)

1 GOODEV15 ' has long been a favourite with students and teachers alike, and stands unrivalled as an introduction to the study of the law of personal property. This new edition has been rendered necessary by the changes recently introduced byi the Companies Act, 1929, and issuing from the competent hands of Mr. D. T. Oliver it is, if anything, even better t}^an before. The only suggestion it is hardly a criticism-which oocurs to the revienver i8 that perhaps in future editions the question of documents of title to goOd8 might be dealt with more fully owing to the growing in}portance of these documents in modern commerce. A special word of praise must be given to the extremely lucid and accurate summary by the learned editor of the law relating to companies, a branch of personal property which presents unusual difficulties when it becomes necessary to compress it into a form suitable for assimilation by beginllers.

E. C. G.

Acta Academ Universal?.s lu7*isprudentiae Comparatiquae. Vol . I . E dited by ELXMER BALOGH . 1928. Berlin: Berlmann Sack. London: Sweet & Maxwell, Ltd. Paris: Marcel Riviere. ss:i and 1190 pp.

TEE Internationgl Academy of Comparative Law, which was founded at G%neva in 1924 and was transferred to The Hague in 1925, has furnished a visible BigII of its activities in the volume under review. The first part of this book is largely formal, as it consi6ta chiefy of the charter of the Academy, lists of members, and other documents of an official nature, but special attention may be directed to the obituary notices of Professor Vinogradeff by Sir Frederick Pollocls and of Sir 30hn Salmond by I)r. F. P. Walton. The secona part contains a number of monographs on various topics of comparative law, the most interesting from the point of view of Anglo-American lawyers being Dean Pound's examination of the influence of comparative law on the formation of American common law, and Professor Vinogradoff's discussion of the problems of customary law. Professor Lambert formulates a theory of international common law which merits serious attention, and ihould be read in conjunction with the critical examination by M. Andrd Weiss of the nature and characteristics of private international law in general. 'rhe third part is chiefly noteworthy for a discllssion by Professor Ldlry-Ullmann of the English law of agency viewed comparatively. This part al80 contains two valuable contributions, one by Professor Lee on the ' stiptFlotio

alterX ' in Roman-Dutch law, and the other by Dr. F. P. Walton on responsibility for breaches of duty to neighbours in making use of immovables. The fourth part is biographical and possesses quite an interest of its own, inasmuch as it contains portraits of the various learned lawyers constituting the membership of the Academy. Professor

This content downloaded from 62.122.77.83 on Sat, 14 Jun 2014 18:59:33 PMAll use subject to JSTOR Terms and Conditions

108 108 108 The Cambrtdge Law Journal. The Cambrtdge Law Journal. The Cambrtdge Law Journal.

Balogh, the editor of this important work, is entitled to warm con- gratulations on the success which has attended his labours. The Acta of the Academy may truly be described as marking an epoch in the historiy of comparative law, the youngest but by no means the most insignific31lt of the various branches of juridical sciencw.

H. C. G.

ANazwell on the Interpretation of Statutes. Seventh edition. Bv G. F. 1a. B:RIDG+lAN. London: Sweet & Maxwell, Lta. 1929. csi and 372 pp. (£1 12s.)

ENGLISE lawyers are pretty well of wxth book# on the interpretation of statute lawv. The treatises of Maxwell and Craies are standard works, and in some directions supplement one another. Mr. Bridgman tells U8 that in this new edition of Mazzwell he has embodied recent examples of the principles stated in the text, and has deleted lrrelevant and unneces- ssry matter. Otherwise he has left the structure of the book untouched. Two new features are decided improvementthe 1lse of short titles of statutes wherever they exist, and the incorporation in an Appendix of the Interpretation Act, 1889. It would be a still further improvement if an Index of Statutes were added to the very full one of cases. Maxwell's book has always been a readable one, and the evil results of adhering too closely to literal interpretation are picturesquely illustrated by the promise of Mahomed II to spare the Vsnetian governor's head, which he strictly fulfilled by sawing his body in two; and by Tamerlane's burial alive of a garrison whose blood he had pledged himself not to shed. On a necessarily rough test, this edition seems to have been well done. With respect to recent cases, two suggestions Inay be made. Marper v. liedges [1924] 1 R. B. 151 is not included (unless the Index of Cases is defective), and it raised an interesting query as to whether, for the purpose of giving legal validity to an act otherwise illegal, an Act of Parliament can in any circumstances be presumed to have been made and lost within the last 150 years. Ormonhl Ievestment Co., Ltd. v. Betts [1928] A. C. 143, to which bare reference is made on p. 31, might also have been noted more appropriately at pp. 107, 246 249, where the interpretation of statutes imposing taxes i8 treated.

P. H. W.

A Sunzmary of the I,aqs of Companies. BY T. EUSTACE SMITH of Lincoln's Inn, Barrister-at-Law. Fourteenth edition. BJr WILLIAM HIGGINS, of the Inner Temple, Barrister-at- Law. London: Sweet & Maxwell, I,td. Toronto: The Carswell Compally, Ltd. SydIley, Melbourne, Brisbane: The Law 13ook Company of Australia, Ltd. 1929. s2cii and 376 pp. (7s. 6d.)

TES first edition of Smith's Companies was published in 1878. It has now reached a fourteenth edition a life of three years for each edition. No better evid¢nce could be adduced of its merits and welldeserved

Balogh, the editor of this important work, is entitled to warm con- gratulations on the success which has attended his labours. The Acta of the Academy may truly be described as marking an epoch in the historiy of comparative law, the youngest but by no means the most insignific31lt of the various branches of juridical sciencw.

H. C. G.

ANazwell on the Interpretation of Statutes. Seventh edition. Bv G. F. 1a. B:RIDG+lAN. London: Sweet & Maxwell, Lta. 1929. csi and 372 pp. (£1 12s.)

ENGLISE lawyers are pretty well of wxth book# on the interpretation of statute lawv. The treatises of Maxwell and Craies are standard works, and in some directions supplement one another. Mr. Bridgman tells U8 that in this new edition of Mazzwell he has embodied recent examples of the principles stated in the text, and has deleted lrrelevant and unneces- ssry matter. Otherwise he has left the structure of the book untouched. Two new features are decided improvementthe 1lse of short titles of statutes wherever they exist, and the incorporation in an Appendix of the Interpretation Act, 1889. It would be a still further improvement if an Index of Statutes were added to the very full one of cases. Maxwell's book has always been a readable one, and the evil results of adhering too closely to literal interpretation are picturesquely illustrated by the promise of Mahomed II to spare the Vsnetian governor's head, which he strictly fulfilled by sawing his body in two; and by Tamerlane's burial alive of a garrison whose blood he had pledged himself not to shed. On a necessarily rough test, this edition seems to have been well done. With respect to recent cases, two suggestions Inay be made. Marper v. liedges [1924] 1 R. B. 151 is not included (unless the Index of Cases is defective), and it raised an interesting query as to whether, for the purpose of giving legal validity to an act otherwise illegal, an Act of Parliament can in any circumstances be presumed to have been made and lost within the last 150 years. Ormonhl Ievestment Co., Ltd. v. Betts [1928] A. C. 143, to which bare reference is made on p. 31, might also have been noted more appropriately at pp. 107, 246 249, where the interpretation of statutes imposing taxes i8 treated.

P. H. W.

A Sunzmary of the I,aqs of Companies. BY T. EUSTACE SMITH of Lincoln's Inn, Barrister-at-Law. Fourteenth edition. BJr WILLIAM HIGGINS, of the Inner Temple, Barrister-at- Law. London: Sweet & Maxwell, I,td. Toronto: The Carswell Compally, Ltd. SydIley, Melbourne, Brisbane: The Law 13ook Company of Australia, Ltd. 1929. s2cii and 376 pp. (7s. 6d.)

TES first edition of Smith's Companies was published in 1878. It has now reached a fourteenth edition a life of three years for each edition. No better evid¢nce could be adduced of its merits and welldeserved

Balogh, the editor of this important work, is entitled to warm con- gratulations on the success which has attended his labours. The Acta of the Academy may truly be described as marking an epoch in the historiy of comparative law, the youngest but by no means the most insignific31lt of the various branches of juridical sciencw.

H. C. G.

ANazwell on the Interpretation of Statutes. Seventh edition. Bv G. F. 1a. B:RIDG+lAN. London: Sweet & Maxwell, Lta. 1929. csi and 372 pp. (£1 12s.)

ENGLISE lawyers are pretty well of wxth book# on the interpretation of statute lawv. The treatises of Maxwell and Craies are standard works, and in some directions supplement one another. Mr. Bridgman tells U8 that in this new edition of Mazzwell he has embodied recent examples of the principles stated in the text, and has deleted lrrelevant and unneces- ssry matter. Otherwise he has left the structure of the book untouched. Two new features are decided improvementthe 1lse of short titles of statutes wherever they exist, and the incorporation in an Appendix of the Interpretation Act, 1889. It would be a still further improvement if an Index of Statutes were added to the very full one of cases. Maxwell's book has always been a readable one, and the evil results of adhering too closely to literal interpretation are picturesquely illustrated by the promise of Mahomed II to spare the Vsnetian governor's head, which he strictly fulfilled by sawing his body in two; and by Tamerlane's burial alive of a garrison whose blood he had pledged himself not to shed. On a necessarily rough test, this edition seems to have been well done. With respect to recent cases, two suggestions Inay be made. Marper v. liedges [1924] 1 R. B. 151 is not included (unless the Index of Cases is defective), and it raised an interesting query as to whether, for the purpose of giving legal validity to an act otherwise illegal, an Act of Parliament can in any circumstances be presumed to have been made and lost within the last 150 years. Ormonhl Ievestment Co., Ltd. v. Betts [1928] A. C. 143, to which bare reference is made on p. 31, might also have been noted more appropriately at pp. 107, 246 249, where the interpretation of statutes imposing taxes i8 treated.

P. H. W.

A Sunzmary of the I,aqs of Companies. BY T. EUSTACE SMITH of Lincoln's Inn, Barrister-at-Law. Fourteenth edition. BJr WILLIAM HIGGINS, of the Inner Temple, Barrister-at- Law. London: Sweet & Maxwell, I,td. Toronto: The Carswell Compally, Ltd. SydIley, Melbourne, Brisbane: The Law 13ook Company of Australia, Ltd. 1929. s2cii and 376 pp. (7s. 6d.)

TES first edition of Smith's Companies was published in 1878. It has now reached a fourteenth edition a life of three years for each edition. No better evid¢nce could be adduced of its merits and welldeserved

This content downloaded from 62.122.77.83 on Sat, 14 Jun 2014 18:59:33 PMAll use subject to JSTOR Terms and Conditions