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Art. 19. Practice Common-placed; or, The Rules and Practice of the Courts of King's Bench, and Common Pleas, methodically arranged. By George Crompton, Efq. of the Inner Temple. 3d Edition. 8vo. 2 Vols. 16s. bound. Whieldon. 1786. This ufeful compilation has received fome improvement in this edition, which has, accidentally, fo long efcaped our notice. The additions are not numerous, but they are of importance. We wish the author had expunged fome of the cafes which have been overruled in modern practice; for though, in one refpect, they furnish a fort of history of the decifions on the fubject, yet they are apt to perplex the mind with their variety; and to perfons who do not diftinguish accurately the periods when they were determined, they may occafion mistakes.
Art. 20. A Collection of the Statutes now in force relative to Elections, down to the prefent Time. By Richard Troward, of Norfolk-street. 8vo. PP. 450. 7s. 6d. Boards. Whieldon, &c. 1790. The gentleman who has taken the pains to make this collection, being much converfant in the bufinefs of elections, as a parliamentary agent, and having probably felt the want of a correct publication that comprehended the more recent, as well as the ancient ftatutes relative to this fubje&t, has undertaken to collect and arrange them for the convenience of the public. He has fubjoined, by way of appendix, certain orders and refolutions of the House of Commons concerning elections; the acts regulating the election of peers and members for Scotland, which feemed to him not eafily to be incorporated with the English acts; and likewife a table of the cafes of controverted elections that have been determined under Mr. Grenville's acts, with the names of the parties, the events of the petitions, and the dates of the proceedings.
Art. 21. A Digeft of the Law refpecting County Elections. Containing the Duty and Authority of the High Sheriff, from the Receipt of the Writ to the Return thereof; and the Mode of proceeding at County Elections, whether determined by the View, the Poll, or the Scrutiny. Together with the Qualifications, and perfonal and other Difqualifications, of the Voters. By Samuel Heywood, Efq. of the Inner Temple. 8vo. pp. 480. 7s. 6d. Boards. Johnfon. 1790.
This work is evidently the product of much labour and extenfive information, and is only a part of a general digeft of the law of elections, for which the author has been, during more than twelve years, collecting materials. It was his intention, he tells us, to have given, by way of introduction, an inquiry into the tenures and fituation of the freeholders of England, from the earliest times to the paffing of the ftatute 8 Henry VI. which introduced the present mode of reprefentation for counties: but he found it would fwell the publication to an immoderate fize. His object is therefore confined to the qualifications and difqualifications of the electors, as they exift at prefent; and to the duty and authority of the Sheriff, from the time when he receives the writ, till the election is concluded and the return is made. Wherever the cafes of borough elections
tend to illuftrate or establish any general principles of election law, the author properly refcets to them, and applies them with judg ment. The method which Mr. Heywood has purfued, is thus briefly stated:
• Under each divifion I have given the history, as well as the prefent ftate of the law, and in general the modern practice will be found at the conclufion of each respective head. Feeling no prejudice in fupport of any eftablished fyftem, I have paid little regard to the commentaries of others; but have reforted, with unremitting induftry, to the original authorities, and endeavoured to deduce the law from the fountain-head. I have, however, acted fairly by my readers, and, upon all occafions, given them the authorities on both fides. It is for them to judge how far my obfervations are well founded; they may difpute the conclufions I have drawn from the premises here laid down, or take that for the rule which I have confidered as the exception. At all events, I flatter myfelf that this publication, as a mere repertory of cafes, may fave fome trouble to the profeffion, be a convenient companion at a poll, and perhaps not wholly without its ufe on the table of a committee. The ftatutes cited are generally given in the very words of the ftatutebook, and the cafes carefully examined with the original Journals and Reports. I am fenfible that the accuracy of fuch a work must ftamp its value in the public eftimation.'
Mr. Heywood very candidly expreffes his acknowlegements for the liberality with which every individual of the profeffion, to whom he had recourfe, favoured him with information: but to the fecond volume of Mr. Luders's Cafes on controverted Elections, he confeffes himself under peculiar obligations. The number of important points agitated in the Bedfordshire cafe, particularly on the affeffment of freeholders, and the accuracy with which they are reported, he justly obferves, render it a moft valuable acquifition to the code of election law.
Art. 22. Efay to demonftrate that contingent Debts cannot, by Law, be ranked on Eftates fequeftered in Terms of the Statute, 23 Geo. III. Cap 18. entitled, An Act for rendering the Payment of Creditors more equal and expeditious, in that Part of Great Britain called Scotland, &c." By James M'Nayr, Writer. 8vo. pp. 63. 2s. Printed at Glasgow, and fold by Creech in Edinburgh. 1790.
By the law of England, if a man accepts a bill of exchange at the request of another, and a commiffion of bankruptcy iffues against the latter before the bill becomes due, the acceptor, who pays it after the bankruptcy, cannot prove his demand under the commiffion, because it was not a debt due at the time when the commission was iffued. It is otherwife if an acceptor become a bankrupt; for the holder of the bill is intitled to prove his debt, allowing a difcount according to the time which the bill has to run. A late ftatute, 23 Geo. III. cap. 18. has extended most of the provisions of the bankrupt laws into Scotland; and a cafe fimilar to that first
mentioned, has been brought before the Court of Seffion, in which a decifion has been pronounced different from what would have taken place in the courts of juftice in England. The author of this effay ftrenuously refifts the doctrine of the Court of Seffion, and grounds himself on analogies drawn from the English law-books. We can only fay, refpecting the different rules adopted by the dif ferent judicatures,
"Non noftrum inter quos tantas componere lites." T. Art. 23. In the Confiftory Court of London. Augufta Evans, the Wife, verfus Thomas Evans, Efq. the Hufband. Sentence given by Sir William Scott, July 2. 1790. Taken in Short-hand by Mr. Gurney. 4to. PP 98.
Sir John Scott has acquired confiderable reputation by his impartial determination of this litigious fuit; and it were much to be wished, that the excellent remarks which his fpeech contains, could be diffufed in our fashionable circles. We will tranfcribe a page from the concluding part of it, for the perufal of our readers:
The truth of the cafe, according to the impreffion which the whole of it makes upon my mind, is this:-Two perfons marry together; both of good moral characters, but with fomething of warmth, and fenfibility, in each of their tempers; the husband is occafionally inattentive; the wife has a vivacity that fometimes difpleafes, that fometimes offends, and fometimes is offended. Something like unkindness is produced, and is then eafily inflamed; the lady broods over petty refentments, which are anxiously fed by the bufy whifpers of humble confidants; her complaints, aggravated by their reports, are carried to her relations, and meet with fomething like facility of reception, from their honeft, but well-intentioned minds; a ftate of mutual irritation increafes; fomething like incivility is continually practifing; and, where it is not practifed, it is continually fufpected; every word, every act, every look, has a meaning attached to it; it becomes a conteft of fpirit, in form, between two perfons, eager to take, and not abfolutely backward to give, mutual offence; at laft the husband breaks up the family connection, and breaks it up with circumstances fufficiently expreffive of difguft; treaties are attempted, and they miscarry, as they might be expected to do, in the hands of perfons ftrongly dif affected towards each other; and then, for the first time, as Dr. Arnold has obferved, a fuit of cruelty is thought of; a libel is given in, black with criminating matter; recrimination comes from the other fide; accufations rain heavy and thick on all fides, till all is involved in gloom, and the parties lofe fight of each other's real characters, and of the truth of every one fact which is involved in the cause.'
This fpeech is not published, and is therefore not likely to meet with fo general a circulation as it certainly merits. For the use of the copy before us, we are indebted to a worthy and respectable friend. Anon.
Art. 24. State of the prefent Form of Government of the Province of Quebec. With a large Appendix, containing Extracts from the
Minutes of an Investigation into the past Administation of Juftice in that Province, inftituted by order of Lord Dorchefter, in 1787, and from other original Papers. 8vo. Pp. 176. Debrett.
It is generally underflood, that one of the earlieft fubjects of difcuffion in the prefent parliament, will be the conftitution of the province of Quebec. That the inhabitants are extremely diflatisfied with the prefent form of their government, is an acknowleged fact. Repeated petitions for the repeal of what is generally denominated the Quebec Act, have been tranfmitted to his Majelty and both Houfes of Parliament, hitherto without effect. By that act, a governor and council is eftablished as the legislature of the province. The council is made to confift of not more than twenty-three, nor less than feventeen, members, who are appointed by the King, at the recommendation of the Governor; and are liable to be fufpended by the Governor, and removed at his Majefty's pleasure. By adverting to the period when the act paffed, we may be led to conjecture why a houfe of reprefentatives was not made part of the conftitution of the province. Popular affemblies were not then in high efteem with the fabricators of that law: but whatever reafons operated to withhold this nobleft and moft effential part of a free govern.ment, it is clear that the relative fituation and circumftances of Canada are now wholly altered. Its population is greatly increased: extenfive fettlements have been formed, fince the peace, by American loyalists: its commercial advantages are felt both in the quantity and value of its exports, and in the proportional demand of British manufactures. We cannot help thinking, with the author of this well-written pamphlet, that a houfe of reprefentatives, converfant in the refources of the country, and poff ffed of the powers neceffary for improving them in their whole extent, muft advance the profperity of the colony, and be productive of reciprocal benefits to the parent itate and its dependency.
With regard to the extracts concerning the adminiftration of juftice, we feel ourselves under confiderable difficulties in forming our opinion. The chief caufe of complaint feems to arife from the uncertainty of the principles of decifion adopted by the judges, being fometimes drawn from the ancient laws of Canada, fometimes from the English law, and fometimes from general notions of equity and moral rectitude. As we can readily fuppofe occafions, in which each of thefe rules of decifion may be properly applied, we are not willing, without fuller information, to impute error, much lefs intentional misconduct, to perfons appointed to prefide in the feat of judicature.
Art. 25. Introduction to the Obfervations made by the Judges of the Court of Common Pleas for the District of Quebec, on the oral and written Teftimony adduced on the Investigation into the paft Administration of Juftice. Ordered in confequence of an Address of the Legislative Council. 8vo. pp. 50. Is. 6d. Stockdale.
We cannot refufe our affent to the principle on which this short Introduction' is published; namely, to engage men of candor
and moderation to fufpend their judgment on the merits of the ins velligation into the conduct of the judges, until a report fhall be made by the law officers of the crown, to whom the papers relative thereto, which were tranfmitted by Lord Dorchester to the Secretary of State, have been referred. The editor obferves, that there was an evident impropriety, to give it no harfher term, in publishing mutilated extracts from the inveftigation, in order to ferve political purposes, and to prejudice the public against the Judges of Quebec, pending fuch reference.
Art. 26. A Second Inquiry into the Situation of the East India Com pany, from Papers laid before the Houfe of Commons, in 1789. And a Poffript relative to the India Budget, opened by Mr. Dundas on the 30th of March 1790. By George Craufurd, Efq. 4to. pp. 38. 3s. Debrett.
For an account of the former part of this very important Inquiry, our readers may confult Rev. vol. lxxx. p. 549.; and in confrmation of what he there reprefented, Mr. Craufurd now obferves, Very foon after the publication of my Inquiry into the Situation of the Eaft India Company, I was informed that the Court of Directors had ordered their accomptant, Mr. Richardfon, to give a public refutation of my ftatements; and that this gentleman fcrupled not to declare that I was deceived in my data, and perfectly erroneous in my conclufions.
How far thofe reports were founded in truth, I cannot pretend to fay, but the public expected that fome attempt would have been made to invalidate my teftimony on the fubject, and particularly as the mode I purfued gave every opportunity for detection, from whatever cause I might have erred, whether from ignorance or defign. A total filence, however, on the part of the Court of Directors, as well as their late application to parliament for leave to increase their capital one million sterling, give the strongest grounds for fufpecting the non-existence of means to liquidate their debts, either by a furplus revenue, or by a profitable trade; and indicate at the fame time, that the pleafing hopes of Indian profperity, with which the nation is lulled into a ftate of perfect indifference refpecting the affairs of that empire, are to the highest degree delufive and dangerous.'
It will not be expected that we should enter into the intricacies of East Indian accounts; we fhall therefore only add, that Mr. C. purfues a calm examination into their statements; and if the fallacies which he points out in them are fuffered fill to remain uncontroverted, the public will be confirmed in the opinion that his detections of them are valid.
N. Art. 27. The Eaft India Calendar; or Afiatic Regifter for Bengal, Madras, Bombay, Fort Marlborough, China, and St. Helena, For the Year 1790. 12mo. 2s. 6d. Debrett.
Thefe lifts of the Company's civil, military, marine, law, and revenue establishments, &c. &c. cannot fail of proving peculiarly acceptable to all who have connections in that part of the world.