White ([1901] 2 K. B. 669). The important subject of legal cause is not adequately covered by the two cases under "Damage Caused by the Intervention of Third Party" and whatever else may be scattered in the cases under "Negligence." The selection of Heaven v. Pender (L. R. 11 Q. B. D. 503), with its much criticised rule by Brett, M. R., as the leading case in negligence seems unfortunate. Thomas v. Winchester (6 N. Y. 397), is printed as dealing with a point in the law of negligence not covered by English authority. We fail to see why Winterbottom v. Wright (10 M. & W. 109), and George v. Skivington (L. R. 5 Ex. 1), are not in point on the liability of the vendor of chattels to a third person. On the whole, however, the cases have been carefully selected, especially those on defamation, the few notes are thorough and well written, and the mechanical features of the book are excellent.

CODE REMEDIES: Remedies and Remedial Rights by the Civil Action According to the Reformed American Procedure. A Treatise Adapted to Use in all the States and Territories where that System Prevails. By John Norton Pomeroy. Fourth Edition. Revised and Enlarged by Thomas A. Bogle. Boston: Little, Brown, and Company. 1904. pp. clxx, 983. 8vo. The candid student will admit that the old common law system of procedure had a number of technical rules, the enforcement of which often resulted in gross injustice to litigants. Far too often technicalities were the cause of costly and trying delays and even final dismissals without a determination of the merits. It is not surprising, therefore, that the suggestion of a reformed procedure, when first agitated, should have found many ardent supporters. One of the best exponents of the reform idea was John Norton Pomeroy, whose work on the subject of code remedies appeared in 1876, followed by second and third editions from his own hand in 1883 and 1894. The great enthusiasm of the author, combined with his legal ability and vigorous style, produced a very interesting and useful book.

It is believed that the author succeeded in establishing that a reformed system of procedure, eliminating most of the defects of the old system, is possible; it is only necessary to refer to the existing reformed system in England to demonstrate that it is feasibile. But that uniform success has been attained in those states of this country that have legislated on the subject may be doubted. Notwithstanding the optimism of the author, a careful consideration of the differences and narrow restrictions that have resulted from judicial interpretation principally induced by common-law ideas of procedure — and these differences and restrictions may easily be found pointed out even in the discussions and citations of this work is enough to lead the reader to the conviction that, while the author's exposition of what the reformed system should be is admirable and convincing, the actual system developed from the statutory enactments by judicial decision is deplorably disappointing. Nevertheless, in view of the existence of the reformed system of procedure in a large number of the states, a treatise as well written and as sound in its exposition as Mr. Pomeroy's book, if by reason of its completeness it recommends itself to the constant attention of the practitioner, may serve a very useful purpose in inducing a more reasonable view of code procedure; and this is a full justification for the present edition of the work.

The editor has omitted the portion of the author's introduction which Idealt with historical and theoretical considerations of procedure. He has also left out occasional discussions of common law procedure which, in former editions, appeared at infrequent intervals throughout the author's text. Otherwise, with slight exception, the text, as it appeared in the author's last edition, remains intact. The editor's attention has been directed to the notes. These have been materially increased by citations of new cases and the revision of the references to statutes. In a number of instances the editor has added explanatory and illustrative notes of a helpful character. In one instance an addition, which consists in a summary and classification of cases dealing with necessary

allegations and their forms, amounts practically to a new chapter. The revision of the index makes it somewhat more extensive, while a substantial elaboration in the details of the table of contents makes it much more valuable. Another useful change is the insertion of black-lettered titles to the individual sections.

C. H. O.

NOTES TO THE SPANISH CIVIL CODE showing changes effected by American legislation, with citation of cases from Philippines Supreme Court. By Charles A. Willard. Manila: E. C. McCullough & Co., Inc. 1904. pp. xi, 106. 8vo. With which is bound a Translation of the Civil Code in force in Cuba, Porto Rico, and the Philippines. Division of Customs and Insular Affairs. War Department. Washington: Government Printing Office. 1899. pp. vi, 322. 8vo.

At the time of the occupation of the Philippines by the United States in 1898 the law in force upon the islands was derived chiefly from the Spanish Civil Code, which had been effective there since 1889. In 1901, however, the Philippine Commission enacted a Code of Civil Procedure in Civil Actions, many of the provisions of which superseded the provisions of the Spanish Code. Changes in methods of administration and in the functions of public officials, introduced by acts of Congress and by independent orders of the Philippine commissions, likewise operated to alter materially the effect of many articles of the code which were applicable originally to conditions under the Spanish domination. It is the purpose of Mr. Justice Willard's work to note the instances in which the Spanish law has thus been repealed, or modified by necessary implication. Each article of the code is taken up separately, and those which have been abrogated, or limited in effect, are commented upon. The authorities upon which the annotation is based comprise the two codes, the acts of Congress and the commissions, and the works of the Spanish commentators, Manresa and Alcubilla. There are also frequent references to the decisions of the Philippines Supreme Court, of which Mr. Willard is a member. The statements of the author often follow manifestly from a comparison of the civil code with subsequent legislation; and where they do not, they seem to be founded on sound logic and consistent with the little authority available. The comments are concise, and the result of the discussion is stated clearly at the conclusion of each article. For convenience of reference a copy of the civil code is bound with the notes. Coming as it does from one in authority the work should prove a valuable aid in overcoming the difficulties attendant upon the practice of such a complex system of law as exists in the Philippines.

THE LAW OF TORTS: A Treatise on the Principles of Obligation Arising from Civil Wrongs in the Common Law: to Which is Added the Draft of a Code of Civil Wrongs Prepared for the Government of India. By Frederick Pollock. Seventh Edition. London: Stevens and Sons, Limited. 1904. pp. xxxviii, 679. 8vo.

The present edition of this standard text-book was called forth by the decision of the House of Lords in Quinn v. Leathem, just as its predecessor, the sixth edition, owed its justification to the case of Allen v. Flood. Practically the only changes made in the text in the last two editions have been in the section where the general principles involved in these two cases are discussed. The changes made in the law by Quinn v. Leathem and recent decisions of the Court of Appeal on allied topics are pointed out in the present volume with clearness. The eminent author still believes that motive is not a determining factor under the present English law, and that the element of combination has not the importance it is believed by some to possess, and was not the distinguishing feature of Quinn v. Leathem. He adheres to the opinion expressed in the sixth edition that "a special right not to be disturbed in one's business is not known

to the law." He suggests the following as a solution of the whole question, "that, generally speaking, persuasion and advice are free and of common right; but that, when persuasion is acted upon to the damage of a third person, such damage being intended by the persuader or a natural and probable consequence of the act, the persuader is liable to an action at the suit of the person damaged if he has either used unlawful means, such as intimidation (whether open or disguised as persuasion) or corruption, or procured a criminally punishable or fraudulent act; and that he is also liable, but subject to exception in the nature of privilege, if the act procured was a breach of contract or a merely civil wrong not involving breach of the peace or fraud."

In addition to these changes in the text the index has been revised and cases decided since the publication of the sixth edition have been added to the citations in the footnotes.

COPYRIGHT CASES. A Summary of Leading American Decisions on the Law of Copyright and on Literary Property, from 1891 to 1903; together with the text of the United States Copyright Statute, and a Selection of Recent Copyright Decisions of the Courts of Great Britain and Canada. Compiled by Arthur S. Hamlin. New York and London: G. P. Putnam's Sons. 1904. pp. vii, 237. 8vo.

"The purpose of this compilation," as declared by the editor, "is to bring together, for convenient reference on the part of publishers, authors, and others interested in copyright property, a summary, as comprehensive as is practicable in a volume of such compass, of the issues that have arisen and the decisions that have been given under the statutes controlling copyright and literary property, since the enactment of the International Copyright Law of 1891.' The scope of the collection is indicated by the title-page. All the American decisions on points of substantive law between the dates named are included, as well as the decisions of the Treasury Department upon the importation, under the copyright law, of books and works of art. Only the more important recent English and Canadian cases are included in the collection. The work of the editor has been in the main well done. The cases are abstracted with sufficient fulness for practical purposes and with great clearness. The arrangement and classification of cases are admirable and render easy the finding of any desired point settled upon authority. In some of the footnotes the editor has pointed out inconsistencies in the cases and has given his own views in connection with authorities cited. If a criticism upon the footnotes might be ventured, it is that the citation of a case included within the collection is not followed by the number of the page at which it can be found. This omission makes necessary continual reference to the index of cases. On the whole, however, the book is likely to serve well the laymen for whom it was intended and can be recommended further to the student who desires to acquire without extended study a knowledge of the present condition of copyright law.

THE UNITED STATES AND PORTO RICO, with special reference to the problems arising out of our contact with the Spanish-American civilization. By L. S. Rowe. New York: Longmans, Green, and Co. 1904. pp. xiv, 271. 8vo.

The author of this book as former chairman of the Porto Rican Code Commission writes as one having authority. The merit of his book can best be shown by giving a brief abstract of its contents. According to the "Insular Decisions Porto Rico is not a foreign country within the language of the Dingley Tariff Bill, nor is it a part of the United States within the meaning of the Constitution. Citizens of Porto Rico are not citizens of the United States. Unhampered, then, by a number of constitutional limitations, Congress estab

lished a civil government bearing many marks of centralization. The inexperience of the people in political affairs made it necessary to give the central government, among other things, large supervision over municipal activities, control of municipal police, control of roads and highways, and the entire management of schools. The new government at once began a series of reforms. Municipal government has been changed, an American system of taxation introduced, a plan of civil service adopted, and the entire judiciary reorganized. A new criminal code giving right of trial by jury introduces American criminal law. The commercial law, the law of divorce, of descent and distribution, and the law concerning the status of married women have been similarly changed. The object of all the reforms is to bring the public and private law of Porto Rico into harmony with that of America. The book shows with great clearness the problems presented and the progress thus far made toward their solution.

THE EXPANSION OF THE COMMON LAW. By Frederick Pollock. Boston: Little, Brown, and Company. 1904. pp. vii, 164. 8vo.

In this volume are published the series of lectures which the author delivered before several American law schools during the autumn of 1903. Under the title, "The Foundations of Justice," is shown the effect which publicity of trial before a court which acts as an umpire and against whose jurisdiction there is no official or personal privilege has had upon the development of our laws. The lecture on "The Scales of Justice" treats of the substitution of the King's Courts for the old popular courts, and explains the origin and growth of equity jurisdiction. The evolution of the power of the courts to enforce their orders is considered in the chapter on "The Sword of Justice." In the chapter entitled "The Law of Reason," which incidentally discusses the law merchant and international law, it is demonstrated that the common law has, in substance, adopted the "Law of Nature," "a living embodiment of the collective reason of civilized mankind."

As the preface points out, the work is but "a rapid survey of a wide field," and, in consequence, there is but little attempt at detail, and much knowledge of matters both of fact and of law is taken for granted. Introductory to the lectures on the expansion of the common law is a lecture entitled "The Vocation of the Common Law," in which it is argued that the destiny of the common law is to unite legally, if not politically, the United States and Great Britain. There is also an appendix giving a summary view of Anglo-Saxon law before the Norman Conquest.

A SUMMARY OF THE LAW OF PRIVATE CORPORATIONS. By Leslie J. Tompkins. New York: Baker, Voorhis & Company. 1904. pp. xxxi, 264. 8vo.

As its title indicates, this work is intended to be but an outline of the law of private corporations. It states briefly and in a systematic manner the rules of law within the scope of its subject, citing the leading cases and referring to the larger and more important treatises upon many points. In general outline the writer follows the arrangement of topics adopted by Professor Smith in his collection of cases upon this subject. The book will therefore prove of considerable service to the law student, especially in connection with the case system of study. It is just such a summary as is often found an excellent supplement to that method. For the practitioner, however, the book is too brief and general in its treatment to be of real value, except in the most incidental manner.

W. H. H.

A TREATISE ON AMERICAN ADVOCACY. Based upon the Standard English Treatise, Entitled Hints on Advocacy, by Richard Harris. All new matter added being such as conforms peculiarly to American practice, thus making the work more valuable to the practitioner and student of this country than the English edition upon which it is founded, while the best features of the English book have been retained; more than one half of the present volume being new and original matter. Enlarged, completely Revised and Americanized. By Alexander H. Robbins. St. Louis: Central Law Journal Company. 1904. pp xiv, 295. 8vo.

Cases On Restraint of InfRINGEMENT OF INCORPOREAL RIGHTS. A Collection of Cases with Notes. By Wm. Draper Lewis. Philadelphia: International Printing Co. 1904. pp. ii, xv, 405. 8vo.

A LETTER TO THE SHERIFFS OF BRISTOL. By Edmund Burke. Edited with an introduction and notes by James Hugh Moffatt. Philadelphia and New York: Hinds, Noble & Eldredge. 1904. pp. xxxvii, 85. 16mo.

THE INDUSTRIAL ARBITRATION REPORTS AND RECORDS, NEW SOUTH WALES, 1904. Edited by G. C. Addison. Vol. III. Part 3. Sydney: William Applegate Gullick. 1904. pp. viii, 276, viii. 8vo.

THE NATIONAL BANK ACT with all its amendments annotated and explained. By John M. Gould. Boston Little, Brown, and Company.

xvi, 288. 8vo.

:

1904. pp.

AN OUTLINE OF THE FRENCH LAW OF EVIDENCE. By Oliver E. Bodington. London: Stevens and Sons, Limited. 1904. pp. viii, 199. 8vo. HANDBOOK OF the Law of INSURANCE. By William Reynolds Vance. St. Paul, Minn. West Publishing Co. 1904. pp. xiv, 683. 8vo.

THE MONROE DOCTRINE. By T. B. Edgington. Boston: Little, Brown, and Company. 1904. pp. viii, 344. 8vo.