New Books.

Conveyancing according to the Law of Scotland: Being the Lectures of the late ALLAN MENZIES, A.M., W.S., Professor of Conveyancing in the University of Edinburgh. Edinburgh: T. Constable and Co.

WE opened this book with all the partiality of an old pupil. There are few of those who had the privilege of attending the late Professor Menzies' class who will not gladly substitute, for the blotted note-book of the student, the elegant volume in which his prelections are now given to the world. Not only is their publication to be valued as an enduring memorial of one for whom all had so deep a respect, but it comes opportunely to fill a blank in our legal literature, which the young practitioner, of all others, was the first to feel. The difficulty, in the outset of his career, is to find a trustworthy guide on those innumerable details in matters of form for which he searches in vain for any assistance from those authors who treat only of the principles of the law. Those technical details which regulate the nature of the instrument in particular circumstances to be executed, the capacity of the persons to do so, and the formalities to be observed in its execution, are a branch of knowledge which a lengthened experience can only properly supply. But any one who has had the opportunity of feeling the life and vigour with which, in Mr Menzies' hands, so cold and dull a theme was animated, the clearness of his arrangement, and the felicity of his illustrations, will at once appreciate the invaluable advantages which both students and practitioners now have in consulting his lectures in a collected and accessible form. They combine the advantage of being at once systematic and complete, with the additional one of having all the leading cases cited in their proper place and brought down to the latest date. We have no hesitation, therefore, in saying, that it is a work, without which every law library will be incomplete.

The subject, comprehending as it does, the law applicable to the transmission, legal and conventional, of every species of right from one to another, is not only extensive in itself, but difficult of elucidation, from the mode in which it is interwoven with the rest of our jurisprudence. This being so, a clear and logical arrangement, by which not only the rules stated will follow in natural sequence, but every unnecessary encroachment, on extraneous topics, will be avoided, is plainly of the first moment; and such, we confidently affirm, is one of the most obvious excellencies of Mr Menzies' sysHis province was wide, dry, complicated, and uninteresting; but, we question, if the matter could have been so well disposed, and

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with so little liability to confusion, in any other manner. He divides it into three parts—(1) The essentials to deeds of all kinds— (2). The nature, forms, and effect of writings employed in the consti tution, transmission, and extinction of personal rights-and (3) The writs employed in heritable rights. As a basis of what is to follow, the first part is discussed in five chapters, in which (1) those preliminary conditions arising from the capacity of parties, the legality of the subject matter, and the validity of the consent adhibited to the deed, are disposed of. The second and third chapters relate to the statutory solemnities, and the general structure of deeds or the clauses common to all; the fourth, to delivery; and the fifth, to deeds otherwise imperfect, being made effectual by rei intenentus and homologation. In the second part, relating to moveable rights, we find everything relating to the constitution, transference, and enforcement of obligations of a personal nature, including marriage contracts, wills, and so forth. The third part, relating to heritable rights, will be found to be equally complete. It embraces everything regarding the history and principles of the feudal system, and the practice in those matters which fall under that branch of the law. The work will thus be seen to be not only a complete text-book for the student, but excellently adapted for consultation by the practitioner. The authorities quoted are admirably stated, and have been manifestly selected with great care, and with a due regard to the danger arising from that abuse of citation, which only tends to fatigue and perplex the reader. These, with the numerous important statutes which were passed last session, have, under the careful editorship of Mr J. M. Morrison, been brought down to the date of publication.

A Treatise on the Law relating to Bankers and Banking. By JAMES GRANT, M.A., Esq., of the Inner Temple, Barrister-at-law, author of the "Law of Corporations in General." London: Butterworths, 7, Fleet Street.

WHATEVER may be the opinion of the London public at the present time, the Scotch system of banking has this advantage-it does not create much litigation. Notwithstanding the great interests which the relation of banker and customer involves, it has rarely been the subject of discussion in our courts, a circumstance that is probably attributable to the fact, that our common law regarding lender and borrower, depositor and depositary, has been so little interfered with by the meddlesome hand of the legislature. From the year 1695, when the Bank of Scotland was first incorporated, there have been only five Acts passed with reference to banks, and the statutory regulations therein enacted, have chiefly regard to the corporate

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character and privileges of the companies. Their relation to the public has happily escaped the paternal care of Parliament; so the few questions which have been made the subject of judicial investigation, have for the most part arisen between agents and their cautioners-a subject which falls under a totally different branch of the law. In England, however, the case is widely different. It appears, from the work before us, that, apart from the statute law relating to the Bank of England, which, till 1826, enjoyed what was really a monopoly of the business, there are nearly a hundred statutes on the subject. The examination of how this mass of legislative wisdom has been interpreted, must be anything but an agreeable prospect to the Scotch lawyer, and, indeed, he has little chance of ever being required to do so, because the whole system of banking in England is totally different from the mode in which the business is done in this country. But should he ever be under the painful necessity of examining the mysteries of English law in this department, Mr Grant's book may be recommended as not only the latest, but the most complete on the subject. Perhaps it may be also consulted with advantage in questions respecting the obligations of bankers as to cheques, bills, and the deposit of securities. The work is compiled on the usual English plan, of giving the substance of every decision on every point alluded to-a system which is, no doubt, open to considerable objections, but which, at the same time, has the advantage of saving the reader the necessity of making any further reference for either law or authority. The book is well arranged, and the accumulation of cases quoted in common law, equity, and bankruptcy, shews that the author has brought to his task all the requirements necesary for the patient investigation of such an uninteresting branch of English jurisprudence.

Manual of Bankrupt Law: or, Annotations on the Recent Sequestration Statute, 19 and 20 Vict., c. 79; with Forms of Procedure in Bankruptcy; comprising also the Mercantile Amendment and Judicial Procedure Acts. By JAMES MURDOCH, Member of the Faculty of Procurators, Glasgow: Revised by Sheriff BARCLAY. Edinburgh: T. and T. Clark.

Practice in Bankruptcy in Scotland: Being an Analysis of the Acts 19 and 20 Vict., c. 79; and 19 and 20 Vict., c. 91; with Forms and Styles adapted for Professional Use. By DAVID JOHNSTONE MACBRAIR, S.S.C. Edinburgh: T. and T. Clark.

CONDSIDERED as works, rapidly prepared, in order to be ready by the time the recent Bankrupt Act came into operation, there is little room to object to the mode in which either has been executed. Both do their respective authors considerable credit; both have

supplied the profession with a preliminary manual, which all felt to be indispensable; but, having done so, their function is fulfilled. Having no pretensions to being works of a standard character, they must give place, whenever one of a more elaborate, systematic, and scientific kind, makes its appearance.

The dissection of a new statute requires, for its proper performance, qualities of a varied kind-in particular, a habit of clear classification, an accurate appreciation of the various provisions of the Act, and a thorough and comprehensive knowledge of the whole subject. The object of the author should be to explain the nature of the new law, not only in itself, but in its relations to the preexisting law, and the former current of decisions. The keeping of this in view is especially important, when one has to deal with a consolidating measure; for the difficulty of the practitioner in such a case, is to know how far he may refer to the previous decisions of the Court, for assistance in interpreting the real mind of the legislature. The two volumes before us are fair specimens of how this should be done. The reports have been carefully ransacked, and ample reference is made to every decision that may be quoted as an authority, or in illustration of the meaning of the new law. In this respect, they seem to be equally accurate and complete, and the question of merit between the two, therefore, falls to be determined by the systems respectively followed.

Mr Murdoch takes the Act, clause by clause, appending to each a note of whatever occurs to him in reading it over, word by word. Much may be said in favour of this plan, especially in respect of the facilities it affords for reference when a particular section is quoted. But, as the Act in question happens to be one of the most confused and unsystematic piece of legislation which the Queen's printer ever gave to the lieges, we are bound to give the preference to the plan of Mr Macbrair. He traces the various processes which occur in bankruptcy, through all their stages, step by step, incorporating, as he proceeds, the provisions which lie scattered throughout the Act, bearing on the point in question, along with styles of the forms to be employed, and a note of points already decided on questions likely to occur. This, we conceive, will be, on the whole, the most useful plan for the practitioner, who is thus saved the trouble of referring from section to section, and avoids the danger of occasionally overlooking a clause most likely to be of perverse significancy. Arrangement, however, is, in many respects, a matter of taste; and Mr Murdoch's manual, apart from purely technical details, contains much useful matter, in which the able hand of Sheriff Barclay is not difficult to detect. Should a second edition of either be ever required, we think a little time might be advantageously given, by both authors, to the improvement of the Forms which they have prepared.

Digest of Decisions.

COURT OF SESSION.

FIRST DIVISION.

MITCHELL V. MAJOR.-Nov. 12.

Sequestration-Sale-Bona Fides.

A party purchased the furniture of a bankrupt from his then trustee; but before the price was paid, or an assignation delivered, the trustee was removed, and Major appointed in his stead. In the meantime, Mitchell, in ignorance of these proceedings, paid the balance of the price to the ex-trustee, who then delivered to him the assignation, which had been previously executed by him and the commissioners. The bankrupt being allowed to remain in possession of the furniture, the new trustee repudiated the transaction, maintaining that the furniture, being in the custody of the bankrupt, was legally in his (the trustee's) possession. The Court were of opinion, that the assignation was good evidence of a completed contract, in which the purchaser stood as debtor, and the trustee creditor, for the price; and the same having been paid in bona fide, the new trustee was not entitled to bring the furniture again to sale. Interdict therefore granted.

PATERSON . MACKENZIE.-Nov. 12.

Diligence against Havers-Bill of Exchange.

Action for payment of a bill against a married woman, granted by her before marriage. Defence, non-onerosity. The record being closed, and put to the debate-roll to determine the mode of proof, held that, before the mode of proof was determined, it was incompetent to grant a general diligence to recover documents not the writ of the pursuer-without prejudice, however, to the competency of a diligence, to recover the writ of the pursuer, to instruct the non-onerosity of the bill.

KEDDIE v. J. & J. GRAY.-Nov. 12.

Process-Partibus-Summons.

Objection, that in the partibus defender was erroneously designated. Held, that the case ought not to be proceeded with, as it was non coram judice. Partibus to be amended and called again.

Petitioner, DRUMMOND AND OTHERS.-Nov. 12.

New Bankrupt Act.

Held, that proceedings under the old Bankrupt Act, where sequestration has been awarded prior to 1st Nov. 1856, may be conducted to a close under the old Act; but that where sequestration, though applied for, has not been awarded till after 1st Nov., the proceedings fall to be regulated by the new Bankrupt Act, 19 and 20 Vict., c. 79. An interlocutor is not required to bring the proceedings under the operation of the new statute.

HILL v. DYMOCK.-Nov. 18.

Public-House Act-Statutory Form of Conviction.

The record of a conviction under 9 Geo. IV., c. 58 (adopted by 16 and 17 Vict.. c. 69), must bear that the "offence was proved by a credible witness." Suspension of a charge on a sentence pronounced in the Burgh Court, which simply bore, that certain witnesses having been examined on oath in support of the charge and in exculpation, "the bailie convicts" the defender. This, it was objected, neither proved that the witnesses were credible, nor that the case was proved. The Court held, that, although the statute does not require a literal