But hark! some spirit seems to say, sway, 1 Shall wing Destruction's bitter blast, Chains are the portion of the slave- Leaves, flowers, and fruitage, blushing wealth! While Trade, with all her sails unfurl'd, Proclaims the PATRIOT OF THE WORLD.' We think it difficult to copy more successfully a model so curiously polished as the Botanic Garden; to assemble ideas *Chains are the portion of the slave The virtuous will be free and brave.] "The author hopes that he shall not be censured for unnecessary warmth on so interesting a subject. He is aware that it is become almost fashionable to stigmatize such sentiments as no better than empty declamation; but it is an ill symptom, and peculiar to modern times." + On Virtue's fane Columbia's lord.] When this line was written, General Washington was President of America. He has now retired from the helm of affairs; but his name, like that of William the Third, will always be dear to every lover of genuine liberty; and he is with justice entitled the Saviour of his Country, the Supporter of Freedom, and the Benefactor of Mankind.' more more luxuriously elegant; to annex epithets more unexpectedly apposite or to harmonize couplets more imitative and euphonious. ART. XV. The Law-Dictionary: explaining the Rise, Progress, and present State of the English Law, in Theory and Practice; defining and interpreting the Terms or Words of Art; and cumprising copious Information, historical, political, and commercial, on the Subjects of our Law, Trade, and Government. Originally compiled by Giles Jacob; and continued by him, and other Editors, through ten Editions; now greatly enlarged and improved, by many material Corrections and Additions from the latest Statutes, Reports, and other accurate Publications, by T. E. Tomlins, of the Inner Temple, Barrister at Law. 2 Vols. 4to. 31. 3s. Boards. Longman, Butterworth, &c. 1797. T HE first edition of Jacob's Dictionary appeared about the year 1729, and was by far the most valuable publication of the indefatigable compiler whose name it bears. In the interval between 1729 and 1772 it went through eight editions, and was then published by Owen Ruffhead and J.Morgan, Esquires, with so much additional matter as to occupy nearly 300 pages more than any former edition; this we noticed in our fortysixth volume, p. 457. In 1782, another edition, under the direction of the same gentlemen, was given to the public; which is succeeded by the impression now before us; and which possesses so many advantages over the preceding editions, from the important corrections and additions introduced, as to entitle it in a great measure to be considered as an original work. In the Preface, Mr. Tomlins makes his readers acquainted with the difficulties which he had to encounter, and the method which he has pursued. He first carefully examined the Text, as it stood in the Tenth Edition. Here he found much sound Learning on the Origin and Antiquity of our Law, defaced with unskilful Interpolations: Innumerable Statutes, long repealed, detailed at large as Existing Laws: The other Statutes quoted throughout the Work, (by continued errors of the Press through various Editions,) incorrectly cited: Except in some few instances, a want of Method, and Poverty of Language, pervading the whole body of the Work: And the Improvements of our Law, during the last Thirty Years and more, either wholly passed over, or very superficially noticed. His next Step, therefore, was to correct the Errors which appeared.-Solely to perform this was a long and tedious labour: Every Statute quoted has been examined; and it is by no means an exaggeration to say, that many thousand Errors, in this particular alone, have been detected and amended.-To erase whatever was superseded * Titles HIGHWAYS, TURNPIKES; and others.' or or contradicted by modern Laws or Determinations, was next requisite: And, when thus much was performed, a vast void remained, to be filled up with a Summary of the State of the Law, as at present existing. In many Instances, where the Law relative to one Subject was scattered through the Book, the whole has been brought together under a single Title, consolidated, re-arranged, and enlarged; and the proper References made from Title to Title*. In some few others, it was found convenient to remove the whole of a Title, as it stood in the former Work; and to supply its place by a New Abridgment of the Law on that particular Subject+.-In no case, however, has any alteration been made, without mature consideration, and a sincere wish for the Improvement of the Work, and the Instruction of the Reader. In the next place, the Editor considered himself called upon to introduce many New Titles; some on the Origin and Antiquity of our Law; and several connected with the Commercial Concerns of the Country; which had for the most part been entirely omitted, or at best very slightly referred to, by JACOB or his Continuators.— These Additions, it is believed, do not make less than One Fourth Part of the present Volumes.' The sources from which he has chiefly derived his materials are thus mentioned by the editor: The Statutes have been perused with peculiar care and diligence; almost all, which are material, even to the end of the session of Parliament in 1796, are introduced; and throughout the work, it is believed, that none are omitted to be noticed which passed before the thirty-third year of the present reign. To the excellent series of modern Term Reports in the Courts of Westminster-hall, which have appeared within the last ten years, to the various new editions of former Reports, and other Law Books of long-established reputa tion, together with many other smaller volumes well deserving notice, as including systems of particular branches of the Law,—to all these recourse has been had, and the information contained in them has been applied to the present purpose with a care and attention which the Editor trusts have not been totally fruitless. But above all, the Commentaries of the learned Blackstone have been fully and freely applied to, and the most material parts of them adopted; sometimes abridged, but more frequently enlarged by additions from the various sources above alluded to. The edition last published (by Mr. Christian) has been used, whenever the term of its publication allowed, (it was originally published in numbers,) and many of the new Notes •* AWARD, ARBITRATION;-HOMICIDE, MURDER, MANSLAUGHTER;--EXECUTOR, ADMINISTRATOR;-ADVOWSON, PRESENTATION, USURPATION; and very many others. BANKRUPT, BILL OF EXCHANGE, HIGHWAYS, WILLS, &C. EAST INDIA COMPANY, NAVIGATION-ACTS, INSURANCE, &c. &c.' there there introduced have been added to the mass of modern intelligence here presented to the reader.' Such is the outline of the plan pursued by Mr. Tomlins, and such are the sources from which he has drawn the information methodised and detailed in the volumes before us. We have examined many of his titles with care, (for the whole of a dictionary is too much for the labour even of a Reviewer ;) and notwithstanding some few omissions, which we shall presently mention, we think that the work evinces in an eminent degree the persevering diligence, the watchful attention, and the sound judgment of the Editor. For the information of our readers, and to enable them to judge for themselves of the nature of the performance, we will extract the title Bailment; not because it possesses greater merit than many other portions, but because it is almost the only article which can be admitted within our scanty limits, and will at the same time furnish a tolerable idea of the manner in which the work is executed. BAILMENT, from bailler Fr. to deliver.] "A delivery of goods in trust, upon a contract expressed or implied that the trust shall be faithfully executed on the part of the bailee:" [the person to whom they are delivered.] 2 Comm. 451. which see: to which Sir W. Jones adds, "and the goods re delivered as soon as the time or use, for which they were bailed, shall have elapsed or be performed.” Law of Bailments, p. 117. It is to be known that there are six sorts of bailments which lay a care and obligation on the party to whom goods are bailed; and which consequently subject him to an action, if he misbehave in the trust reposed in him. 1. A bare and naked bailment, to keep for the use of the bailor, which is called depositum; and such bailee is not chargeable for a common neglect, but it must be a gross one to make him liable. 2 Str. 1099. 2. A delivery of goods which are useful to keep, and they are to be returned again in specie, which is called accommodatum, which is a lending gratis; and in such case the borrower is strictly bound to keep them for if he be guilty of the least neglect, he shall be answerable, but he shall not be charged where there is no default in him. See post. 3. A delivery of goods for hire, which is called locatio or conductio; and the hirer is to take all imaginable care, and restore them at the time; which care if he so use, he shall not be bound. 4. A delivery by way of pledge, which is called vadium; and in such goods the pawnee has a special property; and if the goods will be the worse for using, the pawnee must not use them; otherwise he may use them at his peril; as jewels pawned to a lady, if she keep them in a bag, and they are stolen, she shall not be charged; but if she go with them to a play, and they are stolen, she shall be answerable. So if the pawnee be at a charge in keeping them, he may use them for his reasonable charge; and if notwithstanding all his dili gence gence he lose the pledge, yet he shall recover the debt. But if he lose it after the money tendered, he shall be chargeable, for he is a wrong doer ; after money paid (and tender and refusal is the same) it ceases to be a pledge, and therefore the pawnor may either bring an action of assumpsit, and declare that the defendant promised to return the goods upon request; or trover, the property being vested in him by the tender. 5. A delivery of goods to be carried for a reward, of which enough is said under title Carrier. It may here be added, that the plaintiff ought to prove the defendant used to carry goods, and that the goods were delivered to him or his servant to be carried. And if a price be alledged in the declaration, it ought to be proved the usual price for such a stage; and if the price be proved there need no proof, the defendant being a common carrier: but there need not be a proof of a price certain." 6. A delivery of goods to do some act about them (as to carry) without a reward, which is called by Bracton, mandatum, in English, an acting by commission; and though he be to have nothing for his pains, yet if there were any neglect in him, he will be answerable, for his having undertaken a trust is a sufficient consideration; but if the goods be misused by a third person, in the way, without any neglect of his, he would not be liable, being to have no reward. The above is taken from Lord Chief Justice Holt's opinion, in the case of Coggs v. Bernard, Ld. Raym. 909. as abridged, Bull. N. P. 72. See also Sir W. Jones's Essay on the Law of Bailment, p. 35: Com. Rep. 133. with Mr. Rose's notes; and on this subject 2 Inst. 89: 4 Rep. 83: 1 Rol. Ab. 338: 1 Inst. 89 b: Doct. 129: 1 New Ab. 243. St. Having mentioned Sir W. Jones's Essay on the Law of Bailment, we cannot help recommending it to the attention of the rational student; and for the use of such, extracting the following analysis, which will in general be found to be consonant with the determinations in the books, and convey much knowledge in a short compass. Sir W. Jones differs in a few points from Lord Holt, and Lork Coke, and his reasons are deserving of much attention. "I. DEFINITIONS.-1. Bailment, as before at the beginning of this article.-2. Deposit is a bailment of goods to be kept for the bailor without recompence.-3. Mandate is a bailment of goods, without reward, to be carried from place to place, or to have some act performed about them.-4. Lending for use is a bailment of a thing for a certain time to be used by the borrower without paying for it. 5. Pledging, is a bailment of goods by a debtor to his creditor, to be kept till the debt be discharged.-6. Letting to hire is, (1) a bailment of a thing to be used by the hirer for a compensation in money; or (2) a letting out of, work and labour to be done, or care and attention to be bestowed, by the bailee on the goods bailed, and that for a pecuniary recompense; or (3) of care and pains in carrying the things delivered from one place to another, for a stipulated or implied reward.-7. Innominate bailments are those where the compensation for the use of a thing, or for labour and attention, is not pecuniary; but either (1) the reciprocal use or the gift of some other thing; or (2) work |