wisest way. Regina v. Wagstaffe, 10 Cox C. C. 530. Theories, however, may be so absurd that they cannot be considered to be honest beliefs. It is hard to believe a man sincere in withholding food from an infant, or in confining the treatment of a severed artery to prayer. But that is an argument for the jury on the question of good faith. If it is desirable that the conscientious holders of perverted views should not be allowed to injure others by practising on them, the difficulty should be met by statutes. The Statute 31 & 32 Vict., c. 122, s. 37 imposed a positive duty on parents to provide medical attendance for their infant children, and under this statute religious conviction has been held no defence. Regina v. Downes, 13 Cox C. C. III. Apart from such statutes the test is the good faith of the parent in attempting to fulfil the common law duty of care.

FEDERAL EQUITY PROCEDURE. A Treatise on the Procedure in Suits in Equity in the Circuit Courts of the United States including Appeals and Appellate Procedure. By C. L. Bates. Chicago: T. H. Flood and Company. 1901. 2 vols. pp. lxii, 599; 810. 8vo.

This is an excellent work upon an important, technical, but practical subject. In most of our states, practice acts or codes have so modified the original system of equity procedure developed by the English chancellors that it has now become hardly recognizable. But in the United States courts, at the beginning of their history, the English chancery system was made the basis of equity procedure, and now through the later adoption of the English Chancery Orders of 1842 by these courts, this highly developed English system, only slightly modified, persists in our circuit courts perhaps even to a greater extent than in England itself. This procedure is, or should be, uniform throughout all our federal courts. A book, therefore, of the scope of the present one must prove of great value to all practitioners in federal equity, especially since this subject has before been hardly treated adequately.

The author deals with his theme both broadly and minutely. He outlines the basis of federal equity jurisdiction, and carefully traces the sources of the system of procedure. Then each step in the bringing and prosecution of a suit, including appeals, is taken up with great detail, and all the many questions that may arise during any stage of the proceedings are thoroughly investigated. At each step the English chancery procedure with its modifications in this country is indicated, and the authority for every rule laid down is brought back to the United States Statutes, the Equity Rules of the Supreme Court, or the English Chancery Orders of 1842. The result of this method is a thorough and reliable text-book which brings this great complex system of adjective law into a form readily accessible to a busy lawyer, thus considerably simplifying his labors within this field. Nor is the book without interest to the student, for it shows the survival of an interesting and highly developed form of pleading and practice in its practical modern development.

This book will of necessity be chiefly valuable for reference purposes and its value in this direction is greatly increased by an extensive appendix, containing the Constitution of the United States, annotated, the various Federal Judiciary Acts, the Equity Rules of the Supreme Court, the English Orders in Chancery of 1842, the rules of certain other federal courts, and a thorough selection of forms in equity. This brings together much important material which is not otherwise readily accessible, and, together with the complete series of indexes, makes the whole book a welcome addition to the list of working law books.

W. H. H.

HANDBOOK OF ADMIRALTY LAW. By Robert M. Hughes. St. Paul: West Publishing Co. Hornbook Series. 1901. pp. xvii, 503. 8vo.

The author purports in this work to meet the need for an elementary treatise on marine law, to be of service to students as well as to the general practitioner who does not aim to specialize in this subject. After a brief outline of the origin and history of maritime law, and of its development and status in this country, the tests of jurisdiction are briefly given in the two main subdivisions, cases of contract and cases of tort, followed by a treatment of the various maritime contracts: supplies, repairs, and other necessaries bottomry and respondentia; general average; marine insurance; affreightment and charter-parties; mariners' contracts; stevedores' contracts; pilotage, towage, etc. Salvage, although admittedly not generally based upon a contractual claim, is considered under contracts, as is the effect of the Harter Act (1893). After a discussion of admiralty jurisdiction over torts the author treats of the rights of action in admiralty for injuries causing death. In connection with collisions, steering and sailing and other rules are considered, with a chapter on damages in collision cases. The rights and liabilities of shipowners, both prior to and after the Act of Congress limiting their liability, is dealt with, and after a statement of the relative priorities of maritime claims the body of the work closes with a brief outline of admiralty pleading and practice in this country. The appendix gives the Congressional statutes regulating navigation, evidence in the Federal courts, and suits in forma pauperis, together with the Admiralty Rules of Practice promulgated by the Supreme Court.

An exhaustive treatise upon maritime law would be of decided value. But the author has not attempted, nor does the work afford, anything more than a statement of general principles usually in the form of summaries of, or extracts from, important decisions. In but two or three instances are disputed questions thoroughly discussed, while these few discussions by no means exhaust the unsettled parts of this branch of the law. Although in the main the conclusions reached are sound, in several instances inaccuracies are to be found. Thus it is stated (p. 369), "This new appellate court (the circuit court of appeals) is the court of last resort in admiralty cases, except that it may certify to the Supreme Court for decision any questions as to which it may desire instruction, and except, also, that the Supreme Court may, by certiorari, bring up for review any case which it may deem of sufficient importance." In addition the Act seems to provide for appeals in admiralty, from the District Court to the Supreme Court, in five classes of cases. 26 U. S. Stat. 827, ch. 517, sects. 5-6. Again the statement (p. 10) that admiralty jurisdiction extends to "waters entirely within the limits of a state and above tide water seems opposed to the cases cited by the author without criticism on the following page. U. S. v. Burlington, etc., Co., 21 Fed. Rep. 331 (semble); Strapp v. Steamboat Clyde, 43 Minn. 192. The citation of apparently inconsistent cases, relying upon both as authority, illustrates the danger of an attempt to state elementary principles merely by summarizing cases. See pp. 181, 182; The H. S. Pickands, 42 Fed. Rep. 239; The Strabo, 90 Fed. Rep. 110. Yet in spite of these defects, and of the absence of a thorough collection of authorities, the work will doubtless be useful as an elementary text-book, and may prove helpful to lawyers through its collection of the different Federal Statutes and of the Admiralty Rules of Practice.

...

A TREATISE ON INJUNCTIONS AND OTHER EXTRAORDINARY REMEDIES. By Thomas Carl Spelling. Second edition. Boston: Little, Brown & Co. 1901. 2 vols. pp. clxxii, 821; xxvii, 1073. 8vo.

This book aims to treat at length extraordinary remedies at equity and at law, covering injunctions, habeas corpus, mandamus, prohibition, quo warranto, and certiorari. The demand for a second edition is the best evidence of its value to lawyers. It does not profess to treat the underlying principles of these subjects nor to discuss the propriety or soundness of the various applications of these doctrines. Instead it purports to give an enumeration of the different circumstances under which these remedies have been sought and these principles

applied, while broad statements of very general rules of law serve to make its form that of a text-book rather than that of a digest. Naturally, when such a method has been adopted, the success of the work depends very largely upon the accuracy of the statements of the decisions and upon the arrangement of the subjectmatter. In no other way than by actual use can this accuracy be fairly tested. If the lawyer is able to turn quickly to the line of cases which he has in mind and finds them reported with exactness, it will be a very useful manual to him, and the fact that the book has found a place for itself shows that the author has done his work well. Such a book, however, can be of very little assistance to students and this second edition makes it no more so. Indeed the second preface addresses itself to the lawyer whose client is not willing to wait until he gets an education on the various subjects which are treated. Such a lawyer will certainly not disappoint his client if he uses Mr. Spelling's book.

Very few changes have been made in this second edition. Some late cases seem to have been added, but not enough to add appreciably to the value of the book. The author, in the preface, speaks of recent important extensions of the jurisdiction to grant the writ of injunction, but a comparison of the two editions give little evidence of any such extensions since the first edition. Still fewer important changes can be found in the extraordinary remedies at law. The total lack of discriminating comment upon such recent extensions as are noted makes whatever added value there may be seem very slight, and there is little danger that it will wholly supplant the first edition.

A very sensible feature of this new edition, however, is that the section numbering of the first edition has been preserved. This makes it unnecessary to state the edition from which a citation is made.

A BRIEF ON THE MODES OF PROVING THE FACTS MOST FREQUENTLY IN ISSUE OR COLLATERALLY IN QUESTION ON THE TRIAL OF CIVIL OR CRIMINAL CASES. By Austin Abbott. Second and enlarged edition by_the publishers' editorial staff. Rochester: The Lawyers' Coöperative Pub lishing Co. 1901. pp. xxii, 653. 8vo.

The author's task, outlined in the title, is really one of giving suggestions. Out of such points as his experience has shown to be of widest application he has constructed what must prove a ready manual for trial lawyers. The particular subjects of proof, arranged alphabetically, serve as chapter-headings, and the paragraphs of the text, stated first generally, are developed by summaries of cases in digest form averaging half a page in length.

The value of such a book may be fairly measured by the adequacy with which it treats important practical topics like presumptions, burden of proof, and judicial notice, both because its scope includes these more properly than does that of a treatise on evidence, and because the confusion which blurs them in practice should be removed by accurate text-book definition. In the first edition, however, nothing more was attempted than to state carefully each separate proposition which involved these subjects. The present editors often omit even this process of clarifying, and many pages, out of the larger share devoted in the new edition to these matters, are marred by the miscellaneous inaccuracies of reporters' head-notes. Little help, for example, can be found in the statement on page 19 that "It will be presumed that one who abandons land which he has been holding adversely held in subordination to the title of the true owner, but the burden of proving abandonment or interruption of adverse possession is upon the adverse party."

As an authority the book must now stand as if anonymous, for the editors have doubled the original size and generally failed to indicate which passages are theirs and which the author's. They call attention, however, on page 162, to a departure that they take from the latter's views, where they distinguish, for purposes of construction of writings, between patent and latent ambiguities. In this they are singularly retrogressive. See THAYER, PRELIM. TREAT. Ev., 422-425; Meyers v. Maverick, 28 S. W. Rep. 716(Tex.). Except in the respects suggested, however, the original work seems to have been successfully expanded.

BAILMENTS A COMMENTARY ON THE LAW OF CUSTODY AND POSSESSION.

By Wyatt Paine. London: Sweet & Maxwell, Limited. 19c1. pp. lxxxvi, 550. 8vo.

If legal literature is not enriched by the addition of another book on bailments to the works of Story and Sir William Jones, the fault lies rather in the nature of the thing attempted than in the industry of the author. The impossibility of writing in one volume a satisfactory treatise on so comprehensive a subject is apparent. The book is necessarily little more than a bare statement of rules of law. Here and there the reader is refreshed by an expression of personal views, as in the section on the responsibility of bankers for the safe custody of the valuables of their customers, pp. 19-23. But in general one must be content with quotations from decided cases and these occupy an unfortunately large portion of the book. For the same reason many important questions which might well form the subject of chapters are either passed over with a word or omitted altogether: for example, the real nature of the bailor's right against the bailee in possession. Of those subjects, however, with which the work deals, the treatment is clear and generally accurate. Although Lord Holt's classification of bailments into six sorts is adopted and adhered to throughout, the arrangement is not always logical. The reader is at times confused by the treatment of topics under section headings with which they seem to have no connection. One wonders why matters of agency and the duties of lodginghouse keepers should be dealt with in a section purporting to treat of attornment. Again, the law governing trustees and executors, pp. 71-80, falls entirely without the jurisdiction of this subject and this is also true of much that is included in the sections on Hire of Work and Labour, pp. 155-180, Stoppage in Transitu, pp. 220-232, and Bills of Lading, pp. 361-384. The chief merit of the book lies in the liberal citation of authority, including the most recent decisions. The fact that approximately 2000 cases are cited and 200 statutes referred to, together with the admirable plan of first stating the common law and then the statutory modifications, assures for this work a useful future among English practitioners. Added value is given by an appendix containing a collection of Australasian and Indian cases and statutes with brief comments thereon.

A TREATISE ON INTERNATIONAL PUBLIC LAW. By Hannis Taylor. Chicago: Callaghan & Co. 1901. pp. lxxvi, 912. 8vo.

CROMWELL ON FOREIGN AFFAIRS, together with Four Essays on International Matters. By F. W. Payn. London: C. J. Clay & Sons. 1901. pp. viii, 167. 8vo.

INDEX TO CURRENT LEGAL ARTICLES.

Adverse Possession, What constitutes Actual? A. L. Tidd. 53 Central L. J. 482-485.
Anarchist Murderer Czolgosz, The Trial of the. LeRoy Parker. 11 Yale L. J. 80-94.
Anarchy Our New Problem. F. S. Key Smith. 63 Albany L. J. 451-454.
Anarchy, The Suppression of. James M. Beck. 23 Nat. Corp. Rep. 592.
Appeal under the Companies Act. Anon. 11 Madras L. J. 257-263.
Appellate Courts, The Powers of. Anon. 11 Madras L. J. 249-257.

William H. Hotchkiss. 9 Am. Law. 567-570.
David W. Amram. 13 Green Bag 592-594.
Samuel Scoville, Jr. 13 Green Bag 556-557.
as Basis of Legality of. Frederick H. Cooke. 11

Bankruptcy and Preferences à la mode.
Biblical Law, Chapters from the.
Blue Laws, A Flirtation under the.
Boycotting, Solidarity of Interest
Yale L. J. 153-158.

Cape, Martial Law at the. Anon.
Capital Punishment, Infliction of.

I Can. L. Rev. 148-150.
Anon. 9 L. Stud. Help. 359-360.

Charitable Uses in New York. Robert L. Fowler. 2 Colum. L. Rev. 10-23.
Cheques in Settlement. G. Pitt-Lewis.

I Can. L. Rev. 141-144.

Circuit System, A Plea for the. Mr. Justice Grantham. No. 298 Nineteenth Cent. 664-676.

Claims, The Court of. Anon. 36 Law J. (London) 634-635.

"Clogging" the Equity of Redemption of a Mortgage. Anon. 35 Irish L. J. 575-577. Coke, Sir Edward. Anon. 9 L. Stud. Help. 366-371.

Companies Act, Appeal under the. Anon. II Madras L. J. 257–263.
Competition and the Law. Bruce Wyman. 15 HARV. L. REV. 427-445.

Consideration, Afterthoughts on. Sir Frederick Pollock. I Can. L. Rev. 135-140.
Constitutional Prohibition of Local and Special Legislation in Pennsylvania - II.
Thomas R. White. 40 Am. L. Reg. N. s. 687-707.
Constitutional "Right of Refusal to Deal" Again.
L. J. 475-476.

Constitution, The Treaty Making Power under the.
69-79.

Frederick H. Cooke. 63 Albany

John W. Foster. 11 Yale L. J.

Contempt Cases, The. Anon. 6 Chic. L. J. N. s. No. 51.

Contract Inter Absentes, Formation of. Clarence D. Ashley. 2 Colum. L. Rev. 1-9.
Contract, Privity of. John G. Farmer. 38 Can. L. J. 3-9.
Contractual Oligations, The Doctrine of Negotiability of.

Notes 22-23.

Anon. 6 Calcutta Week.

Conversion, A Point in the Law of. Anon. I Can. L. Rev. 145-148.

Corporation, Foreign, Power of a State to restrict or forbid the doing Business within its Territory by a. T. E. Lyon. 53 Central L. J. 462-468.

Crime, A Sequence in. H. Gerald Chapin. 14 Green Bag 36-44.

Crime, Whipping as a Punishment for-A Reply. Duane Mowry. 13 Green Bag 553-556.

Criminal Cases, Insanity in II. W. H. Parry. 63 Albany L. J. 459-472.

Criminal Law-Parent's Liability for Death of Child due to lack of Medical Attendance. J. H. L. Lee. 9 Am. Law. 565-567.

Criminal Law Reform, Sir Samuel Romilly and. Charles N. Gregory. 15 HARV. L. REV. 446-467.

Criminal Trials, Early III. Anon. 13 Green Bag 562-566.

Czolgosz, The Trial of the Anarchist Murderer. Le Roy Parker. 11 Yale L. J. 80-94

Debtor-Proceedings against Absconding Judgment Debtor. John P. Leary. 7 Va. L. Reg. 529-531.

Democracy, Law in a. Isaac F. Russell. 63 Albany L. J. 474-475.

Devil in Law, The. R. Vashon Rogers. 13 Green Bag 581-591.

Divorces, European, While You Wait. J. H. Beale, Jr. 14 Green Bag 9-11.

Duchy of Cornwall, The. Anon. 13 Green Bag 591.

English Judicature, A Century of -X. Van Vechten Veeder. 13 Green Bag 573581. XI.- House of Lords. 14 Ib. 27-34.

Equity of Redemption, “ Clogging" the, of a Mortgage. Anon. 35 Irish L. T. 575-577.