28

"We must not be understood as intimating that all and every part of this work has a legal interest. Much of it concerns only the practical life of the master and crew. But there are many chapters to which members of both branches of the profession, and especially solicitors residing at the great ports, will turn with gratitude to the author in moments of difficulty. For example, Part IV. is on the master's duties and powers with respect to the cargo, and deals with hypothecation, freight, lien, and delivery. Part V. contains an exhaustive treatise on bills of lading, with special reference to the effect of the transfer of the bill of lading upon the property named in the bill. Part VI. explains fully the right of stoppage in transitu, and Part VII. teaches when the master may bind the shipowner by the master's personal acts. So again Part XIII. deals with the principles of salvage, and the nature and reward of salvage services. The great bulk of the book, however, is devoted to the consideration of the rights, duties, and obligations of the master and of the crew. After explaining the powers and prerogatives of the several public authorities to whose control mariners are subject, the author proceeds to the appointment, certificates, &c. of the master, his general duties and authorities on the voyage towards the shipowner, the charterer, the underwriter, and the harbour master.

Next are

considered the duties and powers of the master with respect to the cargo, his power to bind the shipowner by contracts either for necessary supplies or for absolute sale of the ship, and his power of hypothecation. Having so considered the position of the master, the author next deals with the crew, their engagement, wages, legal rights to wages, and modes of recovery; their discipline, and the legislation for their protection in life, limb, and pocket. Pilots and pilotage are then considered at great length; and then we have a survey of the rights and liabilities of passengers, and the statutable provisions for their protection. Collisions, salvage, the master's personal remedies and liabilities, complete the list of subjects. The appendices contain an immense variety of forms, tables, scales, &c., embracing fees, medicines, boats, protests, bottomry, and respondentia bonds, orders in council, instructions to emigration officers, lights, bye-laws as to pilots, remuneration of receivers, and other matters and things too numerous for detail.

"The volumes are well printed, with wide margins, and present a smart appearance both in cover and page; and, while they will find their way to the cabins of the masters of all big passenger steamers and merchantmen, they will, we believe, also adorn the shelves of many lawyers."

"In a brief notice no idea could be given of the importance, or even the extent, of the details referred to in Mr. Kay's book, and a catalogue of the contents would constitute a small painphlet. There are also in the course of the treatise interesting historical references, and the duties and responsibilities of passengers are not overlooked. Speaking generally of the law of shipping, as defined and described in the book before us, we may say that the seaman has a Magna Charta of his own. The rights of the owner, of the ship's officers, and of the sailors are all clearly recognised on the statute book, and the penalty for the infringement is in every case specified. We read of the precautions for the safety of life and property exacted by the authorities, and of the conditions which must be fulfilled before a vessel is pronounced seaworthy; yet we learn with amazement that before 1850 no proper precautions were taken in England to protect the public from

the appointment of ignorant and untrustworthy men as masters of ships. In illustration of the various branches of his subject Mr. Kay refers to more than a thousand cases. The appendices also contain a considerable amount of valuable information, and the index is so complete that it indirectly serves the additional purpose of a glossary. In his preface Mr. Kay modestly hopes that his book may prove to be a useful book of reference for intelligent masters and for ship agents and consuls in foreign ports on matters relating to shipmasters and seamen.' That it will prove useful to them we have no doubt whatever, and that it will be gratefully accepted as a boon by many others we are equally sure. Directly or indirectly, it cannot but prove an important work of reference to all who are engaged in the shipping trade, and Mr. Kay deserves the thanks of the commercial as well as of the shipping community for having so successfully carried out his arduous task."

THE

ON

29

"This is an interesting and valuable book. It treats of one of those obscure branches of the law which there is no great inducement for a legal writer to take up. Questions of foreshore, when they arise, are sure to have a great deal of law in them; but they are few and far between, and Mr. Loveland can scarcely expect his book to obtain the demand it deserves in this country, although we hope that the well-known penchant of American lawyers for subjects with a flavour of legal antiquity will give the publishers a market on the other side of the Atlantic. Mr. Hall, whose first edition was issued in 1830, was a writer of considerable power and method. Mr. Loveland's editing reflects the valuable qualities of the' Essay' itself. He has done his work without pretension, but in a solid and efficient manner. The Summary of Contents' gives an admirable epitome of the chief points discussed in the Essay,' and indeed, in some twenty propositions, supplies a useful outline of the whole law. Recent cases are noted at the foot of each page with great care and accuracy, while an Appendix contains much valuable matter; including Lord Hale's treatise De Jure Maris, about which there has been so much controversy, and Serjeant Merewether's learned argument on the rights in the river Thames. The book will, we think, take its place as the modern authority on the subject."-Law Journal.

"The essay of which this is a reproduction was first published in 1830, and Mr. Loveland has simply supplied annotations and appended Lord Chief Justice Hale's 'De Jure Maris,' the case of Dickens v. Shaw, the speech of Serjeant Mere

wether in the case of the Attorney-General v. The Mayor and Corporation of London, and forms in use by the Board of Trade. Thus we have a very useful compendium upon a branch of law which for a long time has been and still is in a very unsettled state.

"The treatise, as originally published, was one of considerable value, and has ever since been quoted as a standard authority. But as time passed, and cases accumulated, its value diminished, as it was necessary to supplement it so largely by reference to cases since decided. A tempting opportunity was, therefore, offered to an intelligent editor to supply this defect in the work, and Mr. Loveland has seized it, and proved his capacity in a very marked manner. As very good specimens of annotation, showing clear judgment in selection, we may refer to the subject of alluvion at page 109, and the rights of fishery at page 50. At the latter place he begins his notes by stating under what expressions

a

'several fishery' has been held to pass, proceeding subsequently to the evidence which is sufficient to support a claim to ownership of a fishery. The important question under what circumstances property can be acquired in the soil between high and low water mark is lucidly discussed at page 77, whilst at page 81 we find a pregnant note on the property of a grantee of wreck in goods stranded within his liberty.

"We think we can promise Mr. Loveland the reward for which alone he says he looks-that this edition of Hall's Essay will prove a most decided assistance to those engaged in cases relating to the foreshores of the country."-Law Times.

30

By LUMLEY SMITH, of the

"Few modern text-books have a higher authority than Mayne on Damages. An argument is seldom heard in the courts upon a question of the measure of damages without the work being referred to; and there are several points upon which there was, at the date of the first edition (1856), either an absence or a conflict of authority, and upon which the views advanced by the author have since been held to be law by the courts. . . . . It is fortunate for the reputation of the work that so good an editor has been found for it as Mr. Lumley Smith. The additions to the text of the former edition are distinguished by brackets. Mr. Lumley Smith's work has been well done, and the new cases are skilfully incorporated. Probably there is no other one subject upon which the cases reported as well as unreported so frequently present the same difficulty of extracting from complicated statements of fact, special in their character and not likely to occur again, the legal principles involved in the decision, so as to be available for guidance in other cases. It is exactly this difficulty which makes the subject one upon which a good text-book such as the present is peculiarly valuable."-Solicitors' Journal.

"We are glad that this useful work fell into the hands of so capable an editor as Mr. Lumley Smith. It is always a great advantage gained when an editor has had practical experience of the subject with which he deals, and it is a positive gain to the law when busy lawyers can find time to do well the work which is so apt to fall into the hands of those who have little learning and less practice. The law relating to damages is a branch of our jurisprudence peculiarly practical in its nature and highly important to suitors and the profession; it is, moreover, surrounded by difficulties which require a clear explanation before they become intelligible to the ordinary mind.

"The concluding chapter (c. 19) is very important, and we should like to make copious extracts from it. It deals with the 'powers of the court or judge in regard to damages.' We recommend it to the attention of our readers, as indeed we do the entire work, which is excellently executed, with an entire freedom from verbosity, and a good index."-Law Times.

"In the year 1856 Mr. John D. Mayne, a gentleman of the bar, now enjoying a very extensive practice in the Indian Empire, published a treatise on the Law of Damages. Mr. Mayne conferred a great boon on the profession by his labours, and for sixteen years his book has been regarded with high respect in Westminster Hall. In the ordinary course of things such a lapse of time, from the natural accretion of precedents, would have created a demand for a new edition, but in the particular department of law investigated by Mr. Mayne there has been an extraordinary development of principles, exhibited in numerous cases, upon which the judges have expended a large amount of time, industry, and learning. Consequently, the publication of a new edition is not premature. On the contrary, it was high time that the profession should be supplied with a treatise condensing and arranging the matter brought into existence by the contested cases of that period. It is perfectly intelligible that Mr. Mayne's absence from England and the toil of his professional career have prevented him from undertaking this duty himself. But the performance of it has fallen on a deputy, whose success in the discharge thereof might fairly have been anticipated, and who in the result has, we think, not disappointed the reasonable expectations formed concerning him.

"Mr. Lumley Smith has evidently been actuated by a modest desire not to despoil the original author of well-earned fame. He has, as far as possible, retained the primary form of the book, and has distinguished what Mr. Mayne wrote from what he himself has written, by enclosing all the later matter in brackets, adding a brief separate chapter on the assessment of damages in the Court of Chancery under Lord Cairns's Act, 21 & 22 Vict. c. 27. He has also cited many Scotch and Irish cases, and the leading American decisions of recent date.

"One word with regard to the book itself will not be out of place. It is well printed, in an excellent form, and of a convenient size-no small considerations in a text-book, which, from the nature of its contents, is useful rather for reference than for study. Good looks in a book set off its intrinsic merits, just as an imposing appearance adds to the dignity and influence of a judge."—Law Journal.