distinguished, because then the man acquires the habit of relaxing his attention, and runs a risk of making mistakes by looking for the marks instead of the thing itself. This has actually happened. Where the pilot was distinguished by lamps, a pointsman, on one occasion on the Caledonian Railway, thought he saw the engine lamps, when they were the lamps of somebody else, and a collision ensued. Therefore it was in vain for the Lord Advocate to say that the prisoners were criminally responsible because the pilot was not distinguished from other engines. As it was, it so happens this Company have a dwarf locomotive of a peculiar kenspeckle order-called 'Little Scotland'- specially used for this service, and no other. She was obliged to go home for repairs on the Saturday before the accident; but the pointsman was duly made aware of the change, and of the appearance of the substitute that came in her room. Nor can we discover any defect in the order, so far as relates to the directions given to the enginedrivers and the pointsmen. In fact, all those who were examined said they understood it perfectly well, and thought it quite safe. The case for the Crown is thus narrowed to the two first particulars in which the order was said to be defective, namely, in so far as, (1) it dispensed with an existing order, and (2) did not provide sufficient regulations.

It appears that some years ago the accused gentleman, Mr Thomson, had framed a code of regulations for the guidance of the servants of the Company, by collecting together the different rules and orders which had been from time to time printed. Of this compilation, as improvements came to be suggested by experience, several editions were subsequently prepared with great care and anxiety. One of the cases provided for is the break-down of a railway train, or the accidental blocking up of the line. The nearest station agent is at once to be communicated with, and he is to appoint a pilot-man with a red cap, under whose orders the traffic both ways is to pass over the other line till the obstruction is removed. These directions are to apply, when accidents or obstructions occur, which necessitates the stoppage of the traffic on the proper line of rails, and the transfer of it to the wrong line between certain stations or through connections, and the working of both the up or down traffic over one line.' The Lord Advocate maintained that this rule was applicable to a case of obstruction from relaying. But it would rather seem that the expression,

'accidents or obstructions,' was intended to mean accidental obstructions. For another reason, it could not be supposed to refer to relaying, because this was an operation conducted by the Engineer, whereas the rule in question places the line under the nearest station agent, who is to assume the chief authority.' Of course, it was impossible to get a single railway official to adopt the rather strained interpretation put upon this rule by the counsel for the prosecution. This ground therefore also failed.

Lastly, the prosecution seems to have been instituted on the theory that the railway authorities should have had a pilot-man present, as well as a pilot-engine. But Captain Tyler admitted that so lately as 1856 he had, in his reports to Government, recommended that single lines might be worked by a pilot-engine or pilotman, without showing any preference for either. In truth, the driver of the pilot-engine does the duty of the pilot-man. In either case, the pointsman is bound to see that he is there, before the train is allowed to pass.

The result is, that the order for which the two gentlemen in the dock were sought to be made responsible had nothing to do with the accident; but, on the contrary, should have made such an occurrence impossible, had not a system sprung up, outwith the knowledge of both the Manager and Superintendent, of acting in direct violation of it. When the pilot was assigned to its particular

service, no one had any right to employ it for another purpose. But it seems it went to Linlithgow every morning for the platelayers engaged in the relaying; and, in the same way, took them home at night. In this manner, the pointsman at Pardovan came to interpret the word, 'there,' to mean at Linlithgow, or anywhere to the west of him. So long as he fancied the pilot to be west, he considered it was there, and the line to be consequently clear. This was the first cause of the accident. When the pointsman saw the 5 o'clock train from Glasgow approach, a train consisting of an engine, tender, truck, and third class carriage-the latter with a tail-light-was at a rapid rate going away to Linlithgow. This he supposed to be the pilot-engine going off on her nightly duty,—and hence the frightful catastrophe. The marvel is, that any one should have made such a mistake, because the pilot never had a third class carriage attached, and never carried a tail-light; and he was standing within four feet of the train when it passed him. But then he was a very inefficient man, without experience in his duties. No

pains were taken to see that he understood them; and, in fact, after his appointment, he said he never so much as read the special order. His appointment in these circumstances was the second cause of the accident. Lastly, the pilot-engine, in following a train, should have gone right through the points, as the order plainly contemplated: the practice of stopping short 20 or 30 yards, or perhaps more, and at once going back to the other end for another train, was the third cause of the accident.

Had the prisoners been responsible for these three things, they would not have escaped so easily. But neither of them appointed the pointsman, and neither of them were aware that the rule was systematically violated in the two particulars above-mentioned. Even had they been aware of it, they could not have interfered; because, in relaying on the Edinburgh and Glasgow Railway, according to the evidence of Mr Jameson, the Secretary, the Engineer takes formal possession of the line, and is responsible for the working of both lines; just in the same way as he and his plate-layers are answerable for the safety of the traffic when they take out a single rail. In effect, he takes the train out of the hands of the traffic department at one end, and hands it over to them at the other. The advantages of this arrangement are very questionable. The Engineer is an independent officer, and the Manager and the Superintendent have no control over the movements of his employées; and thus a barrier is placed in the way of that unity of action which is indispensable to the successful conduct of all large mercantile undertakings.

While we hold that the Crown acted quite properly in withdrawing the case from the jury, we are far from asserting that no criminal responsibility was incurred by any of the employées of the Company. It is difficult in such cases to get at the facts which fix responsibility upon the proper parties. The moment the Crown examines a railway official in the way of precognition, that party is morally, if not legally, discharged from liability to prosecution. The first step taken may thus lead to the impunity of the chief delinquent,—a consideration which may explain, if it does not wholly excuse, the miscarriage of justice which has taken place in the case of the awful calamity in question.

New Books.

Conveyancing, according to the Law of Scotland; being the Lectures of the late ALLAN MENZIES, A.M., etc. Third Edition. Edinburgh Bell and Bradfute.

To the most numerous class of those who are engaged in the practice of the law, the writers and solicitors of the various societies in Scotland, a good treatise on conveyancing is the most useful work in the library, and the one most frequently consulted. A knotty point in the science may occasionally call for more thorough consideration and research than is implied in the consultation of even the most accurate and copious of practical treatises; but for one such instance, there are a hundred points of difficulty, a solution of which, the conveyancer knows from experience or the results of reading, is to be obtained by a reference to the decided law on the subject. Until the publication of the Lectures of Professor Menzies, there was no manual of reference to which the conveyancer could turn for assistance in his difficulties, or to assist his memory in reference to points of practice.

We believe that we only give expression to the unanimous opinion of the profession, when we say that the deficiency has been most amply and meritoriously supplied by the publication of the work to which this notice refers. Indeed, the issue of three editions in twice as many years affords the most convincing and practical evidence of the estimation in which the lectures of the learned professor are held by the profession, and proves that the favourable reception accorded to these prelections in the lifetime of the author was no mere complimentary tribute to the estimable and popular qualities of the man, but was due to the intrinsic merit of the instruction which he imparted.

It is unnecessary, in noticing a new edition of a work so universally read and consulted as 'Professor Menzies' Conveyancing,' to enter upon any discussion of the arrangement and treatment of the subject. The editor of the present edition has very properly preserved the original text intact, both as to matter and arrangement, incorporating the new matter in the form of notes and new paragraphs, printed in a different character. This course, which is

generally advisable in republishing works of established reputation, is preferable on every ground when we have to deal with a work treating of conveyancing, a subject which includes the cultivation of the art not only as it is, but also as it has existed during the lengthened period over which a progress of titles may extend. Conveyancing, in one, and not the least important of its aspects, is a historical science; and on that ground, if on no other, the revision which a conveyancing text-book must undergo in its re-issue, ought to be by way of addition, not of substitution. No one knew better how to treat the subject historically than Professor Menzies himself, and the additions to the present treatise which have been made by the well qualified hand of the gentleman who has modestly withheld his name from the public, are in perfect harmony with the general tone and design of the work.

These additions consist chiefly in the incorporation of the provisions of the Titles to Lands Acts with the chapters relating to feudal conveyancing. The substance of other statutory alterations on the law of property has been stated in the form of foot-notes,among which we may instance a summary of the provisions of the Joint-stock Companies Acts, appended to the chapter on the Law of Partnership at p. 434; and the note on the transfer of shipping property under the 17 & 18 Vict., cap. 104, with the relative decisions, at p. 468.

It is satisfactory to observe that the index, which in the previous editions was very defective, has been rewritten and considerably enlarged. This, with the prefixed table of cases and statutes cited, will much enhance the value of the edition as a book of reference. Why a table of contents should not also have been added, we are at a loss to divine; but may inform the reader by whom it has not already been noticed, that in the introductory lecture at p. 24, a synoptical table of the method of exposition will be found, which partially, though imperfectly, supplies the want of a table of contents. The printing and getting up of the work are in keeping with the improved requirements of professional taste in those matters, and are creditable to the enterprise of the publishers.