roscoe's admiralty jurisdiction and practiceby geoffrey hutchinson

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Editorial Committee of the Cambridge Law Journal Roscoe's Admiralty Jurisdiction and Practice by Geoffrey Hutchinson Review by: H. C. G. The Cambridge Law Journal, Vol. 4, No. 3 (1932), pp. 413-414 Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge Law Journal Stable URL: http://www.jstor.org/stable/4502619 . Accessed: 12/06/2014 11:19 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . Cambridge University Press and Editorial Committee of the Cambridge Law Journal are collaborating with JSTOR to digitize, preserve and extend access to The Cambridge Law Journal. http://www.jstor.org This content downloaded from 194.29.185.251 on Thu, 12 Jun 2014 11:19:08 AM All use subject to JSTOR Terms and Conditions

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Editorial Committee of the Cambridge Law Journal

Roscoe's Admiralty Jurisdiction and Practice by Geoffrey HutchinsonReview by: H. C. G.The Cambridge Law Journal, Vol. 4, No. 3 (1932), pp. 413-414Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge LawJournalStable URL: http://www.jstor.org/stable/4502619 .

Accessed: 12/06/2014 11:19

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

.

Cambridge University Press and Editorial Committee of the Cambridge Law Journal are collaborating withJSTOR to digitize, preserve and extend access to The Cambridge Law Journal.

http://www.jstor.org

This content downloaded from 194.29.185.251 on Thu, 12 Jun 2014 11:19:08 AMAll use subject to JSTOR Terms and Conditions

Book Reviews. 413

English Law and Its Background. By C. H. S. Fifoot, M.A., of the Middle Temple, Barrister-at-Law, Fellow of Hertford

College, and Lecturer in Law at the University of Oxford. London: G. Bell & Sons, Ltd. 1932. 8vo. xvi and 279

pp. (105. Gd. net.)

To use a phrase made popular by the writers of another book of a

very different kind also coming from Oxford, this work is ' a good thing.' It is an account of the development of English law from the mediaeval

period to the present day with reference to the social and political environment of the times and may be read with profit and, we may add, with pleasure (an unusual feature of a book on English law) not only by lawyers but also by the unprofessional student. In the opinion of this reviewer it is the most interesting work on English law which has been written in this generation. It teems with striking and original phrases which, while not detracting from the accuracy of the narrative, help materially to fix the attention of the reader. We cannot resist the

temptation to give a few instances, but to quote at length would be unfair to the author. '

Egotism was a civic virtue and Protection the economy of a borough before it became the policy of a state' (p. 40). In speaking of Benefit of Clergy, it is described as ' the right of all literate laymen to exchange, by the simple reading of the neck-verse, the pains of capital execution for an innocuous branding of the thumb, and thus to enjoy, with the vicious dog, the privilege of a comparatively free first bite '

(p. 41). In an account of the Year Books (p. 83) we read: ' Writ and

pleading, process and execution, this was the mediaeval law. Principle was an academic recreation or the solace of old age.' The author must have been dozing when correcting the proof of p. 71, where capito is erroneously printed three times for capite. The same error appears in the Index. This, as far as we have been able to observe, is the only oversight, and the book as a whole gives evidence of the most careful preparation.

D. T. 0.

Book Reviews. 413

English Law and Its Background. By C. H. S. Fifoot, M.A., of the Middle Temple, Barrister-at-Law, Fellow of Hertford

College, and Lecturer in Law at the University of Oxford. London: G. Bell & Sons, Ltd. 1932. 8vo. xvi and 279

pp. (105. Gd. net.)

To use a phrase made popular by the writers of another book of a

very different kind also coming from Oxford, this work is ' a good thing.' It is an account of the development of English law from the mediaeval

period to the present day with reference to the social and political environment of the times and may be read with profit and, we may add, with pleasure (an unusual feature of a book on English law) not only by lawyers but also by the unprofessional student. In the opinion of this reviewer it is the most interesting work on English law which has been written in this generation. It teems with striking and original phrases which, while not detracting from the accuracy of the narrative, help materially to fix the attention of the reader. We cannot resist the

temptation to give a few instances, but to quote at length would be unfair to the author. '

Egotism was a civic virtue and Protection the economy of a borough before it became the policy of a state' (p. 40). In speaking of Benefit of Clergy, it is described as ' the right of all literate laymen to exchange, by the simple reading of the neck-verse, the pains of capital execution for an innocuous branding of the thumb, and thus to enjoy, with the vicious dog, the privilege of a comparatively free first bite '

(p. 41). In an account of the Year Books (p. 83) we read: ' Writ and

pleading, process and execution, this was the mediaeval law. Principle was an academic recreation or the solace of old age.' The author must have been dozing when correcting the proof of p. 71, where capito is erroneously printed three times for capite. The same error appears in the Index. This, as far as we have been able to observe, is the only oversight, and the book as a whole gives evidence of the most careful preparation.

D. T. 0.

Roscoe's Admiralty Jurisdiction and Practice. Fifth edition.

By Geoffrey Hutchinson, Barrister-at-Law, formerly Scholar of Clare College, Cambridge. London: Stevens &

Sons, Ltd., and Sweet & Maxwell, Ltd. 1931. lxvi and 577 pp. (425.)

The jurisdiction of the Admiralty Court has been much enlarged by the provisions of the Administration of Justice Act, 1920, which are now consolidated in section 22 of the Judicature Act, 1925. These changes have called for a new edition of 'Roscoe,' a treatise which has no rival in its own field and is in all respects a model practice book. One often wishes that it were possible to compile a similar work dealing with the practice of the Chancery and Common Law Courts. The learned editor has seized the opportunity afforded by the new edition to deal with an important question which has loomed large in the public eye

Roscoe's Admiralty Jurisdiction and Practice. Fifth edition.

By Geoffrey Hutchinson, Barrister-at-Law, formerly Scholar of Clare College, Cambridge. London: Stevens &

Sons, Ltd., and Sweet & Maxwell, Ltd. 1931. lxvi and 577 pp. (425.)

The jurisdiction of the Admiralty Court has been much enlarged by the provisions of the Administration of Justice Act, 1920, which are now consolidated in section 22 of the Judicature Act, 1925. These changes have called for a new edition of 'Roscoe,' a treatise which has no rival in its own field and is in all respects a model practice book. One often wishes that it were possible to compile a similar work dealing with the practice of the Chancery and Common Law Courts. The learned editor has seized the opportunity afforded by the new edition to deal with an important question which has loomed large in the public eye

This content downloaded from 194.29.185.251 on Thu, 12 Jun 2014 11:19:08 AMAll use subject to JSTOR Terms and Conditions

The Cambridge Law Journal. The Cambridge Law Journal. 414 414

of lateX namely, the immunity enjoyed by stateKwned ships. A new chapter has been sBdded which deals solely with thz matter. The present position in which governments engage in maritime trade without incurring any responsibility for damage caused by publicly{>wned vessels is little short of a scandal, and Mr. Hutchinson has done a public service in calling attention once more to thi6 aspect of international trade. In Great Britain this question is merely a part of the wider problem of proceedings by and against the Crown, but there is a need throughout the world for a drastic reform of the law which will bring it more into line with modenl requirements. International action is pending, but ie does not seem to be likely to become effective in the near future.

Mr. Eutchin60n iB to be congratulated on the ill and care which he has displayed in the important tafik of revising a work which i8 not only indispensable to practitioners, but also makes a strong appeal to tho6e who are interested in the unification of the law of the sea.

H. C. G.

I'almer's Co7)wpany Precedents. Part I (General Forms). FourteeIlth edition. By A. F. 17OPHAM, K.C., A. R. TAYLOUR, and A. M. R. TOPHAM, Barristers-&t-Ijaw. IJondon: Stevens & Sons, Ltd. 1931. clvi and 1640 PP. (£3 13s. 6d.)

TZERS are perhaps half-aZozen books of precedents which are so generally recognized as supreme that every practising lawyer relies on them. Palter's Company Precedents is one of the6e. It contains in addition to precedents a wealth of notes on many topics of company law. The present volume i8 t}le first part of a new edition incorporating for the first time the Companies Act, lg29. The companion volumes on Debentures and Winding Up will, one supposes, follow soon.

As one would expect, the work of incorporating the new law has been well and accurately done and needs no comment. One general criticism, however, may be apposite. In 60me <}f the notes the references to the newer law are so BhOH &8 to be easily overlzked, and in wme plaws where orle could expect to find a point referred to there ls no reference, though the point may be dealt with elsewhere. There are few CtOfiS referencffl and no index of statutes, and the general index, which has been cut down, does not always lead one directly to the place one wants. In these circumstances points which one knows of are sometimes hard to find, and points one does not know of may be overlooked. If cross- references were introduced more widely into the nest edition, and the index was made fuller, the book would, I think, be made more valllable for those not already thoroughly acquainted with itB arrangement, and a certain amount of duplication could be avoided.

May one suggest also that in the parts of the book still to be pub- li^;hed mention b4 made of the date up to which the reported ca6es are included. The present volume appears to end at [1930] 1 Ch., though one case at least from [1931] 1 Ch. is included.

J. W. B.

of lateX namely, the immunity enjoyed by stateKwned ships. A new chapter has been sBdded which deals solely with thz matter. The present position in which governments engage in maritime trade without incurring any responsibility for damage caused by publicly{>wned vessels is little short of a scandal, and Mr. Hutchinson has done a public service in calling attention once more to thi6 aspect of international trade. In Great Britain this question is merely a part of the wider problem of proceedings by and against the Crown, but there is a need throughout the world for a drastic reform of the law which will bring it more into line with modenl requirements. International action is pending, but ie does not seem to be likely to become effective in the near future.

Mr. Eutchin60n iB to be congratulated on the ill and care which he has displayed in the important tafik of revising a work which i8 not only indispensable to practitioners, but also makes a strong appeal to tho6e who are interested in the unification of the law of the sea.

H. C. G.

I'almer's Co7)wpany Precedents. Part I (General Forms). FourteeIlth edition. By A. F. 17OPHAM, K.C., A. R. TAYLOUR, and A. M. R. TOPHAM, Barristers-&t-Ijaw. IJondon: Stevens & Sons, Ltd. 1931. clvi and 1640 PP. (£3 13s. 6d.)

TZERS are perhaps half-aZozen books of precedents which are so generally recognized as supreme that every practising lawyer relies on them. Palter's Company Precedents is one of the6e. It contains in addition to precedents a wealth of notes on many topics of company law. The present volume i8 t}le first part of a new edition incorporating for the first time the Companies Act, lg29. The companion volumes on Debentures and Winding Up will, one supposes, follow soon.

As one would expect, the work of incorporating the new law has been well and accurately done and needs no comment. One general criticism, however, may be apposite. In 60me <}f the notes the references to the newer law are so BhOH &8 to be easily overlzked, and in wme plaws where orle could expect to find a point referred to there ls no reference, though the point may be dealt with elsewhere. There are few CtOfiS referencffl and no index of statutes, and the general index, which has been cut down, does not always lead one directly to the place one wants. In these circumstances points which one knows of are sometimes hard to find, and points one does not know of may be overlooked. If cross- references were introduced more widely into the nest edition, and the index was made fuller, the book would, I think, be made more valllable for those not already thoroughly acquainted with itB arrangement, and a certain amount of duplication could be avoided.

May one suggest also that in the parts of the book still to be pub- li^;hed mention b4 made of the date up to which the reported ca6es are included. The present volume appears to end at [1930] 1 Ch., though one case at least from [1931] 1 Ch. is included.

J. W. B.

This content downloaded from 194.29.185.251 on Thu, 12 Jun 2014 11:19:08 AMAll use subject to JSTOR Terms and Conditions