Third Edition. The Law and Practice relating to the Formation of Companies. By VALE NICOLAS and W. F. LAWRENCE, M.A. London: Butterworth & Co. 1908. Although the first edition of this book was only issued in 1903, it has been found necessary to issue a second in 1904, and the present edition in 1908. The Authors have striven to supply an omission, that has existed up to the present time, of compiling a treatise which deals exclusively with the formation of Joint Stock Companies. It is a curious fact that, although the term occurs both in the Companies Act of 1900 and in the Act of 1907, it is nowhere defined as to what is meant by "the Public." Various cases have dealt indirectly with this point, but in not one of them is it specifically decided. Since the issue of the second edition many important things have happened. Table A has been revised and re-issued ; the rules of the London Stock Exchange dealing with Special Settlements and Official Quotations have been considerably altered; new cases on the formation of Limited Liability Companies have been decided. Last but not least, the new Companies Act of 1907 has been passed. All of these matters have been dealt with and have been incorporated into the text. Permission has been given by the Committee of the London Stock Exchange to print in the book the new rules, and special information has been given respecting Special Settlements and Official Quotations. Not only in the List of Cases, but also in the text, the date when each case was decided, is given. The forms given at the end of the book, numbering 173 in all, are most comprehensive, and include some very excellent model Articles of Association. If we were to venture upon any criticism, it would be that the "Index to Treatise and Notes" errs on the side of terseness. The treatise is, however, a very excellent one, and does great credit to the erudition of the learned Authors. No doubt the present edition will continue to be as successful as the former ones, and will continue to appeal to a wide reading public as it has done in the past. Fourth Edition. The Law of Libel and Slander. By HUGH FRASER, M.A., LL.D. London: Butterworth & Co. 1908. Mr. Hugh Fraser's name, as an authority on the Law of Libel and Slander, has become of late years particularly well known in the legal world. Associated with a large majority of leading cases in this branch of law, he can speak with the weight of practical as well as theoretical knowledge. The result of this practical experience is incorporated in Appendix A, which treats on the conduct of a Civil Action. Two matters upon which the learned Author lays great stress will most certainly commend themselves to the prudent practitioner :—(1) It is always wise not to issue a writ for libel or slander in a hurry; (2) In actions for slander, where so much depends upon the exact words spoken, get signed proofs from the witnesses as soon as possible. How often does the angry client insist on a writ being served without a moment's delay, and how often have lawyer and client lived to regret the day this was done, without a careful survey of the situation. Many and many a case has been lost by counsel, relying upon a glowing proof, being hopelessly "let down" by the witness when in the box. Recent decisions in the Court of Appeal dealing with fair comment, have necessitated the re-writing of the division of the text which deals with that subject. Later and riper experience has enabled Mr. Fraser to add many valuable hints to those formerly given in Appendix A. Fresh forms have been added to those which hitherto appeared in Appendix B, and include precedents of Pleadings, Particulars, Applications, Interrogatories, etc., which will prove most useful to any practitioner. Another useful innovation appears in the Table of Cases. The page upon which the facts of any particular case appear, is numbered in heavy type, thus preventing the reader from hunting up several references before he obtains this information. The same plan has been adopted in the Index to Statutes. The references to the pages in the Appendix where the Statutes are set out in full are also printed in heavy type. It will thus be seen that no pains have been spared to make this treatise complete, handy, and up-to-date. The text is written in simple and uninvolved language, the several points are made clearly and concisely. The book will therefore be useful alike to law student, practitioner and layman, thereby creating an enormous reading public. The size of the volume is such as to be easily carried about for ready reference. In conclusion, it is only necessary to add that the Index is complete, and offers a sure guide to the contents of the text. Fourth Edition. Law and Practice in Divorce. By W. J. DIXON, LL.M. London Butterworth & Co. 1908. The law of Divorce is not a very wide subject, but Divorce practice is. This fact is demonstrated when we see that, in a standard work such as Mr. Dixon's is, Divorce law takes up seventy-five pages, whereas Practice takes up some two hundred and twenty pages. Probably this is due to questions of Divorce resolving themselves mainly into questions of evidence. Such vexed questions, as to what is domicile, adultery, cruelty, impotence, etc., must obviously be decided upon the facts of each individual case. When one realises the difficulty and expense of procuring a divorce prior to 1857, it is hard to comprehend why our forefathers tolerated this state of things for so long. The Matrimonial Causes Act of that year revolutionised matters, and increased facilities have produced an increased demand for Divorce, as is proved by the large number of cases dealt with each year by the Divorce Court. To those whose work lies in that direction, Mr. Dixon's treatise is of the greatest practical utility. Instructive, clearly written, and wellinformed, it gives every aid requisite. As the learned Author says himself, whatever information cannot be traced by the Index, will probably be found in the comprehensive summary of the contents of the several chapters printed at the commencement of the book. Seventh Edition. The Law of Wills. By H. S. THEOBALD, K.C. London: Stevens & Sons. The Law of Wills. 1908. By A. GUEST MATHEWS, M.A. London: Stevens & Haynes. 1908. Mr. Theobald has made the intricate subject of the Law of Wills peculiarly his own, and he would be a bold man who ventured to disagree with any opinion stated by the learned Author. It is now three years since the sixth edition issued from the Press. Since then many decisions, some comprehensible, some incomprehensible, have been given by the Courts. The House of Lords has shown a laudable desire to sweep away old canons of construction which sought to give ordinary words other than their usual meaning. A touch of humour was introduced by the same Court in their decision of Grimond v. Grimond, where they held that religious institutions. were not necessarily charitable. But for genuine humour one must go to the Emerald Isle. The instance given by Mr. Theobald, in the Preface, of the case where a testator was cross-examined by the Court as to the meaning of a bequest known to appear in his Will, is Gilbertian in its irony, but is too long to be given here. The learned Author has added a chapter on the "Devolution of Trusts and Powers," in which is collected information on that subject which had been scattered under various heads in former editions. The List of Cases takes up one hundred and forty pages, a slight indication of the mass of work necessary to compile such a treatise, and incidentally showing the amount of litigation involved in seeking to construe the often vaguely expressed wishes of persons making Wills. The work is headed "A Concise Treatise on Wills," and occupies some eight hundred and seventy-four pages! Was this sarcasm on this branch of the law intentional or involuntary on the part of the learned Author? The Index is a model to other writers of how to furnish the reader with an easily understood key to the text. Generally speaking, Mr. Theobald is to be congratulated upon producing a book which will probably long continue to remain the standard work on the subject treated of. Mr. Guest Mathews states that his little book is primarily intended for students, and seeks to elucidate for their information the fundamental principles which underlie the law relating to Wills. Regarded from that standpoint, it may safely be commended to the use of those beginning their legal studies. Standard works very often start from a point which has not been reached by the student, and the present work will be useful in guiding their footsteps along the path which leads to that point. Eighth Edition. The Law of Torts. By Sir F. POLLOCK, Bart., D.C.L. London: Stevens & Sons. 1908. It is always a pleasure to examine a fresh edition of one of Sir F. Pollock's masterly treatises, and to refresh one's memory of his scholarly dissertations on the branches of law which he has made his own. The rapidity, however, with which fresh editions are called for, generally prevents the reviewer from having much new material to comment on. In the present instance there are not many decisions of importance since the last issue to be noticed, but one statute of great importance has been passed, namely, the Trade Disputes Act 1906; and we think it will interest our readers to hear the opinion of the distinguished jurist on this piece of legislation "The Legislature has thought fit, by the Trade Disputes Act 1906, to confer extraordinary immunities on combinations, both of employers and of workmen, and to some extent on persons acting in their interests. Legal science has evidently nothing to do with this violent empirical operation on the body politic, and we can only look to jurisdictions beyond seas for the further judicial consideration of the problems which our Courts were endeavouring (it is submitted not without a reasonable measure of success) to work out on principles of legal justice." And again, "It is not within a text-writer's province to comment on the policy of the statute or the reasons unconnected with the science of law which led to its enactment without serious opposition in either House of Parliament." We think it worth while to call attention to a few of the learned Author's opinions on doubtful and undecided questions of law. He supports the contention that in modern law the person who intentionally does harm to another is primâ facie liable, in spite of the opinion to the contrary of Mr. A. Cohen, K.C., in his memorandum on Allen v. Flood. He also differs from Mr. Beven in considering that under an ordinary rule of due care and caution "mischief which could by no possibility have been foreseen and which no reasonable person would have anticipated," cannot be taken into account. He submits "that whether Clark v. Chambers can stand with it or not, both principle and the current of authority concur to maintain the law as declared in Sharp v. Powell." He disapproves of the decision of the Judicial Committee in Victorian Railway Commissioners v. Coultas; and strongly criticises the "barbarous rule" actio personalis moritur cum persona. We notice the pleasant observation that "there are incidents, again, in every football match which an uninstructed observer might easily take for a confused fight of savages." A valuable opinion on a much-disputed question is that on Martial law: "I venture to think it is the better opinion that whatever, in time of war within the jurisdiction, is or reasonably appears necessary for the common defence against the King's enemies, is justified by the Common law, but that, in the absence of an Act of Indemnity, the existence of the necessity and the reasonableness of the action are to be determined by the ordinary Courts when peace is restored.” He takes the view, on which there is at any rate an apparent conflict of authorities, that inevitable accident is not a ground of liability. It must be a subject of just gratification to the learned Author to be able to point out that something like four pages of the text under the heading "Seduction" have been adopted by FitzGibbon, L.J., in his judgment in Murray v. Fitzgerald. Some interesting new points suggested by the progress of modern science are glanced at, such as, “whether defamatory matter recorded on a phonograph would be a |