societies, and Easter offerings given to clergymen, though all the cases are given under Schedule E, Rule 4, and on looking again after having found them, the only reference we could find to the page was the single word "Emolument."

Second Edition. The Law of Copyright in Designs. By LEWIS Edmunds, D.Sc., K.C., and H. BENTWICH, LL.B. London: Sweet & Maxwell. 1908.

The Law and Commercial Usage of Patents, Designs and Trade Marks. By K. R. SWAN, B.A. London: Archibald Constable & Co. 1908.

The Patents and Designs Act 1907. By W. M. FREEMAN. London: Horace Cox. 1908.

The Statute Law relating to Patents of Invention and Registration of Designs. By J. W. GORDON. London: Jordan & Sons. 1908.

The old days when the Crown was enabled to grant a monopoly in the manufacturing of any particular thing to a Court favourite are now passed. A large body of law which has grown up since the time of the Stuarts, when this abuse reached its zenith, has protected the rights of the subject not only in England but also in foreign lands. Patent law has always found an able exponent in Mr. Lewis Edmunds, and students and practitioners in that branch of law always welcome any work bearing the imprint of his authorship. Whilst the present edition was in course of preparation, Mr. Lloyd George brought in and passed his famous Patents and Designs Act 1907. This Act not only consolidated the then present law, but introduced many important modifications. Notable among these modifications was the one which extended the term of protection from five to an optional fifteen years, and gave enlarged rights and advantages to all registered owners. How far-reaching this innovation was in its scope is apparent when we state that in 1907 more than twenty-six thousand designs were registered. The new Act affected the design of the work under review to a very considerable extent. Great alterations in the text were rendered necessary, in fact it entailed a complete revision of the whole treatise. This important duty was entrusted to Mr. Bentwich, and well has he acquitted himself of the task. The whole of Part I is divided into sections which state the law and rules of practice in large type. In a smaller and heavier type are given the cases upon which the state

ments in the particular section are based. Part II is made up of a comparison between the new Patents and Designs Act 1907, and the repealed Patents, Designs and Trade Marks Acts 1883-1888, so far as these repealed enactments deal with Designs. Also is comprised, the Designs Rules 1908 and the International Convention for the protection of Industrial Property, which was signed at Paris in the year 1883. Part III, Appendix A, gives a List of Statutes repealed and replaced by the Consolidating Act of 1883; and then are set out in full the Statutes between 1883 and 1888. A very excellent and comprehensive set of Forms of Pleadings and other proceedings in Actions is given, which will be found to be of great practical utility. A somewhat startling innovation is to be found in illustrations of designs and the alleged infringement, and we fear that some of those chosen will be a source of amusement, not to mention ribald comment, on the part of any frivolously-minded reader. The Index is very excellent and complete.

Mr. Swan's book is intended for the layman, and to such it will undoubtedly appeal, although the language employed by the Author is sometimes somewhat involved for that class of reader. It is one of a series of works which is called the "Westminster." The Index

is altogether too crowded up, but that is the fault of the printer and not of the learned Author. Generally speaking, the work is based upon an excellent model.

The work of Mr. Freeman is intended to be a treatise on the new Act for the guidance of students. As Chairman of the Patents, Designs and Trade Marks Committee of the Birmingham Chamber of Commerce, his work will bear the impress of practical experience.

Mr. Gordon disclaims all intention of writing a code of the Statute law relating to Patents for Inventions and Registered Designs. He has left out of the scope of his work the Common law and the Case law relating to his subject, and has contented himself with dealing with the principal points of the new Act, pointing out their novelty and importance. His analysis of the new Act is of more than passing excellence, and this work, though not of large size, may safely be recommended to any student or practitioner who wishes to become conversant with its intricacies. The whole "get-up" and scheme of this little treatise is attractive both in form and style of writing, and as the author of kindred works, Mr. Gordon is well qualified for the work he has undertaken.

Third Edition.

BEVEN.

Negligence in Law.

London Stevens & Haynes.

2 Vols. 1908.

By THOMAS

The first edition of this book attained at once the character of a scientific, accurate and thoughtful study of that complicated question the law of Negligence, and subsequent editions have only increased that reputation. We know no legal work in which cases are examined and analysed with more knowledge, skill and courage, than in this one by Mr. Beven. As an instance, take his examination of Lord Halsbury's judgment in Scholfield v. Earl of Londesborough, and particularly the part where that noble and learned Lord invites the other Lords to over-rule Young v. Grote; to which invitation, in Mr. Beven's opinion, they did not respond. The conclusion he comes to about the Colonial Bank of Australia v. Marshall is, "that the statement there made, that 'the duty which according to the ruling of the learned Chief Justice subsists between customer and banker is substantially the same as that contended for in Scholfield v. Earl of Londesborough,' is as accurate in law as it is in fact." The last edition was published in 1895, and the present one is much altered. It has not only been brought up to date, but presents "a considerable body of new problems and conclusions," owing partly to the fact that "the increasing complexity of social relations in modern life accentuates immensely the occasions of conflict, whether intentional or not, between those whose interests or rights are converging but not identical." New cases to the number of 1465 have been introduced, and it is not surprising to learn that the preparation of this edition has taken up a very large proportion of the Author's time during the last three or four years. It is pleasant to hear Mr. Beven say that he has used "considerable freedom in inquiring into the validity of the decisions arrived at." He certainly has, and speaks with indignation of the attempt of Williams, L.J., to dismiss his beloved Young v. Grote in a parenthesis. A large portion of the work has been re-written; for instance, the chapters on Corporations and Local Bodies, the Occupation of Property, Common Carriers by Water, and on Collision on Water. The whole of Book VII, on Unclassified Relations, which includes Partnership, Trustees and Executors, Bankers, and Estoppel, has also been re-written. In many other chapters considerable alterations have been made. New subjects which have been dealt with are the procedure under the Public Authorities Protection Act 1893, and the Motor Acts. It

will be both interesting and instructive to give Mr. Beven's opinions on the liabilities of motors. He points out that the Common law rights and liabilities are quite unaffected. The duty on the driver of the motor car is increased the more powerful the engine is, "for the duty to use care increases in proportion to the danger involved in dealing with the instruments which for a man's own purposes he brings into relations of proximity to his neighbours." "On the other hand, the change in ways and customs of using the highways must act on the standard of care of passengers. A person crossing the road in front of an oncoming motor with a clear course, must take that into account and not leave a margin that would only be sufficient to admit of crossing in front of a lame donkey drawing a costermonger's barrow." He then proceeds to deal with a prevalent error, "through the ill-considered decisions of certain County Court judges," that the skidding of a motor vehicle is alone enough to fix liability for accident on its owner. There is no liability without negligence and a motor or bicycle is only liable for accidents caused by skidding either on the ground of negligence or nuisance, unless it is proved that there is a tendency to skid under normal circumstances. "It is plainly incompetent for any judge without evidence to rule that a motor is either dangerous or a nuisance." With all respect to Mr. Beven we think a great many persons, who are not , judges, do both. The only chapter left unaltered is that on Duty to Answer for One's own Acts, and there Mr. Beven has by no means altered his opinion of Stanley v. Powell, or of the judgment of the learned judge who decided that case. To make room for new matter, the discussion of several important cases has been compressed and also, we fear with reluctance, some long notes have had to disappear. Another important change has occurred from the Author coming to the conclusion that it is impossible satisfactorily to range and compare the American and English system, both on account of the great bulk of the American decisions and also from the fact that "American law has in late years been developing along divergent lines, and accepts principles widely applicable that are to us not only novel but fundamentally unsound." Of this he gives some illustrations. The first is an amusing case in which a female passenger recovered heavy damages against a railway company whose guard kissed her against her will. Some 300 or 400 American decisions have in consequence dropped out, and have been replaced to a certain extent by Colonial decisions. It is very satisfactory to

read the appreciative terms with which one so well qualified to form an opinion as Mr. Beven alludes to our Colonial judges.

Third Edition. The Law of Nuisances. By E. W. GARRETT, M.A., and H. G. GARRETT. London: Butterworth & Co. 1908. Besides the addition of some 400 cases decided since the last edition was published in 1897, the Authors have had to make very considerable additions to the Statutory Appendix. Perhaps the most important of these is caused by the Motor Car legislation. Under the Common law excessive traffic was indictable as a nuisance, and now 66 excessive traffic has taken new forms in excessive speed, smoke, noise, etc., all of which come directly under the head of nuisance, as contributing an interference with the free and uninterrupted use of the highway, by causing danger or inconvenience to the public in the exercise of the Common law right." These additions are the Locomotives Act 1898, under sect. 12 of which some very important cases have been decided; the Motor Car Act 1903, on the construction of which there are about ten reported cases; the Motor Car Order 1903, the Motor Car Order 1904, the Heavy Motor Car Order 1904, the Locomotive Construction Order 1905, the Heavy Motor Car (Amendment) Order 1907, the Petroleum Order 1907, Petroleum Regulations 1907. Perhaps also the Lights on Vehicles Acts 1907 may also be included under this head. The law dealing with the adulteration of foods and drugs, a subject very frequently before magistrates, has also been modified to some extent by the Sale of Food and Drugs Act 1899, the Butter and Margarine Act 1907, and the regulations as to the sale of milk and butter made under the first of these two Acts. Other additions are, the Street Betting Act 1906, the Dogs Act 1906, and the Dogs Act Rules 1906. We notice Smith v. Giddy is cited without having applied to it the destructive criticism which we find in Mr. Beven's book.

Fourth Edition. The Principles of Equity. By H. A. SMITH, M.A., LL.B. London: Stevens & Sons.

1908.

It is five and a-half years since Mr. Smith issued the last edition of his very practical treatise. We have looked up several subjects in it and found them treated very clearly and satisfactorily. There are a considerable number of new cases added, some of them, such as Colls v. Home and Colonial Stores, of very considerable importance.