2.—A Treatise on the American Law of Landlord and Tenant; having reference to the statutory provisions and decisions of the several United States, with a selection of precedents. By JOHN N. TAYLOR, Counsellor at Law. New York: John S. Voorhies. 1844.

THE attempt of the learned author of this treatise to supply a plain summary of the doctrines of the common law as affecting the relation of landlord and tenant, together with the various alterations made by statutory regulations in these United States, has been very successful. The work is concise, systematic, and practical; and as displaying the existing law on this subject, is adapted not merely to the system existing in the state of New York, under the revised statutes, but is equally fitted for every state.

The English treatises on the law of Landlord and Tenant, though they sufficiently present the rules of the common law as modified by acts of parliament, do not give a correct and clear view of the American law, and we think that Mr. Taylor has acted very judiciously in not attempting to adapt an English book to American law.

A work exhibiting the principles of the common law as practically modified in the United States was called for, and the learned author in his attempt to furnish a treatise valuable not only to the profession but to the community, has fully achieved his object.

3.-A Treatise on the Practice of the Court of Chancery, with an appendix of precedents. By OLIVER L. BARBOUR, Counsellor at Law. In 2 volumes. Albany: William and A. Gould & Co. New York: Gould, Banks & Co.

THE author of this excellent work on chancery practice has aimed to give a concise and comprehensive view of the present practice of the court of chancery, as contradistinguished from pleading and collateral topics.

The work is executed with great industry and correctness, and measurably we believe, under the revision and with the advice of the present learned chancellor of the state of New York. On a future occasion we propose to examine in detail the plan and the execution of Mr. Barbour's Treatise.

4.-History of the Law of Nations in Europe and America, from the earliest times to the treaty of Washington. 1842. By HENRY WHEATON, LL. D., Minister of the United States at the court of Berlin, Corresponding Member of the Academy of Moral and Political Sciences in the Institute of France. New York: Published by Gould, Banks & Co. Albany: William and A. Gould & Co. 1845.

WE regret that we received this work too late for an extended view of the important subject which the author has illustrated.

In our next number we propose to recur to this important work.

5.-A Digest of the first twelve volumes of the Ohio Reports, con

taining all the cases ever reported at law and in equity in the supreme court of the state of Ohio in bank. By P. B. WILCOX, Attorney at Law, and sometime reporter of that court. Columbus. 1844.

A HASTY examination of this volume has satisfied us that it is a very well executed book, extremely useful to the profession in Ohio. Its usefulness however, will not be confined to that state, for such is the multiplication of Report books in the twenty-six states composing the United States, that members of the profession must content themselves with possessing in their private libraries, Digests of Reports of the sister states.

6.-Digest of the Decisions of the Supreme Courts of the states of Indiana and Illinois, and the Circuit Court of the United States for the seventh circuit. By CHARLES GILMAN, Counsellor at Law. Columbus: Published by Henry W. Derby. 1844.

We have here another Digest to which the remark made on Wilcox's Digest also applies.

The books digested are four volumes of Indiana Reports, by Blackford, and four volumes of Illinois Reports, one by Breese and three by Scammon, besides the two volumes of United States Circuit Court Reports, by Mr. Justice M'Lean.

7.-A practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature and the Court for the Correction of Errors of the state of New York, together with the Reported Cases of the Superior Court for the city and county of New York, from the earliest period to the present time. By THOMAS W. CLERKE, Counsellor at Law. In 2 volumes. New York: Published by Gould, Banks & Co., Law Booksellers, No. 144 Nassau street; and by William and A. Gould & Co., No. 104 State street, Albany. 1845.

THE Report books of the state of New York exclusive of their chancery reports, already amount to seventy-two volumes; and one Digest has already been published, prepared by Mr. Johnson, a continuation of which subsequently appeared. With the first edition of Clerke's Digest, in 1841, we were not well satisfied. It seemed to be a mere work of physical labour, the printed marginal notes of the cases in the Report books having been thrown together under the different heads, and mostly in the backward order. The general division and arrangement was good, and it appeared as though the editor had left the filling-up to subordinates. The consequence was, that the work abounded with repetitions, and the same proposition was distinctly inserted as often as it had been reaffirmed. Many of these errors have been corrected in this edition, and the work is altogether much improved. It is curious however, that under each title, the Digest commences with the last volume of Hill, and proceeds backwards to the earlier reports.

8.-A Treatise on Crimes and Misdemeanors. By Sir WILLIAM OLDNALL RUSSELL, Knt., late Chief Justice of Rengal;-by CHARLES SPRENGEL GREAVES Esq., of Lincoln's Inn and the Inner Temple, Barrister at Law, and a magistrate for the county of Stafford. Fifth American from the third London edition, with the Notes and References contained in the former American edi. tions, by DANIEL DAVIS and THERON METCALFE, ESQRS.; and with additional Notes and References, by GEORGE SHARSWOOD. In 2 volumes. Philadelphia: T. & J. W. Johnson, Law Booksellers, (successors to Ni-klin & Johnson,) No. 5 Minor street. 1845.

OUR enterprising publishers in presenting a new edition of this standard work from the third London edition, with additions and improvements by Mr. Greaves, have wisely determined to offer it to the public in an unmutilated form. Former American editions have omitted many chapters, on the ground of their inapplicability to this country. We have often had occasion to lament in regard to other works this plan of leaving out parts. Every one desirous of possessing such a work, must desire to possess it entire, and no one can say, looking at the chapters which have heretofore been omitted, and which relate to English statutes, that they do not present many interesting illustrations of the principles upon which penal statutes are to be construed, besides giving a knowledge of the actual state of the criminal law of England.

462

LEGAL INTELLIGENCE.

APPLICATION OF PAYMENTS.

[We publish below an interesting case decided by the supreme court of Pennsylvania, on the subject of the application of payments. We take this opportunity of calling the attention of our learned correspondent, "B.," to the remarks of the chief justice on his article in No. 1 of this magazine, and of inviting from him, a continuation of his valuable contributions to our pages.]

LOGAN V. MASON.1

The provisions of the Roman law, which, in the application of a payment, requires the creditor, when the right has devolved on him by the laches of the debtor, to consult the debtor's interest in preference to his own, has not been adopted as a part of the common law; and the propriety of an instant and actual application, by a creditor firm, of the proceeds of a separate note transferred to it generally as collateral security, without specifying for what debt, by a partner indebted to it on joint and separate account, cannot be questioned.

ERROR to the district court of Allegheny county.

John T. Logan and Robert T. Kennedy, trading under the firm of Logan & Kennedy, against Washington Mason and William Dilworth, trading under the firm of Mason & Dilworth. It appeared by a case stated that the defendants, Mason & Dilworth, were indebted, at the dissolution of their partnership, on the 27th June, 1839, to the plaintiffs, Logan & Kennedy, who held their bills and notes for about $2000. Mason, who continued the business, and Owens, his surety, contracted with Dilworth, who retired, to pay the partnership debts. Mason continued to deal with the plaintiffs, on his own account, till the 4th December, 1839, when he was

'6 Watts & Serg. 9.