ing a locus penitentia before the commission of the crime, and therefore not the subject of a prosecution at common law. The court, however, unanimously determined against the objection, which they held to turn upon this fallacy-that no act had been done. They admitted, that if the defendant had a mere intent, or wish, to commit an offence, he could not be indicted without some overt act of that intent; but they held that there was in this case such overt act in the incitement and solicitation itself. This determination, if acted upon, will immensely extend our penal code. The gradations of crime are infinite. Is it to be wished that punishment by indictment should be co-extensive? We have principals and accessaries-are we henceforward to have inciters as a species of of. fenders, when the solicitation has not been attended with even the seduction of the person addressed? But was there any fallacy in the argument of the prisoner's counsel? They urged that no act was done-that is, no act in the proceeding of the ultimate felony. To attempt a felony is an endeavour to accomplish that offence; but that attempt must be a proceeding immediately and directly connected with the felony. To attempt to poison a man may be an offence indictable but is it so to attempt to concoct the mixture; to buy the glass to put it in; or walk into the field to pick the poisonous herb of which it is to be made? The prisoner undoubtedly contemplated the felony of stealing the twist, and he intended to effect it by means of this servant: but first the servant was to be prepared. Can it be said, that this attempt to prepare, which might or might not succeed, be repelled, or be recalled, was an attempt, or equal to an attempt, to commit the felony itself? The case of Haycraft v. Creasy, was discussed with much earnestness and attention; and the chief justice was left alone in the decision. Such a discussion had become necessary, from the frequent actions that had of late been brought upon the principle on which this case was alleged to be founded, viz. that the ART. III. Reports of Admiralty Cases. By IT is not a little surprising, that whilst England has maintained a most distinguished consideration amongst the pow 731 person who gives a character to another for solvency, upon which he obtains a credit, but afterwards turns out to have been insolvent, and incapable of payment, shall be responsible for the said loss. But an injury had never been brought. The Until the year 1789 an action for such first case was one of the and that perhaps mainly induced the court to give it support. The person grossest fraud, who gave the character, gave it for the purpose of enabling the insolvent to get goods on credit, which he immediately laid hold of for his own benefit. different description. Creasy asserted Haycraft v. Creasy was a case of a very the insolvent to be rich, and worthy of credit to his own knowledge; and it was clear that he believed her to be so; had many apparent evidences of it daily exhibited to him; had no interest in asserting what he did; and did not attempt to take advantage of the credit which was consequently given, though he had not knowledge of it in the strictest sense of that term; and the fact was untrue. The Lord Chief Justice held, that if a man (though not interested) falsely affirms any thing to be a fact to his own knowledge, when applied to for the purpose, in consequence of which the person to whom he makes the affirmation, acting in confidence of it, suffers an injury, he is answerable for the consequence; and that as the defendant here must have been conscious that what he was asserting, was not of his own knowledge, he therefore did it knowingly, and so, by inference of law, fraudulently. opinion, that as fraud was the foundaBut the other three judges were of tion of the action, one who was a mere voluntary, disinterested affirmant, and might be himself deceived, could not be the subject of it. And they held, that he made the misrepresentation malo anicircumstances must appear to shew that mo, in order to render him liable. In this case they thought the defendant did appear to have been himself deceived, and had intended only to assert his be lief, in which sense his assertion of knowledge was to be understood. T. C. ROBINSON, 3 Vol.Part 2. about 96 pp. ers of Europe, and risen in maritime. has for many years appeared, from her writers, upon the subject of general law. The foreign jurists in this wholly bore off the palm, and our own rich stores of judicial decisions remained in their native ores. But the last war gave rise to circumstances and situations which called forth, in a peculiar manner, the learning of our courts upon the law of nations At a moment when the greatest struggle was made by France, for some shew of maritime power, and new authorities were sought, by every pretext and stratagem, to be put into force, the present great judge of the court of Admiralty rose to the bench. His clear and pow. erful mind exercised with unexampled vigour the abundant treasures of legal information, which a long course of the highest professional practice had given him. It was at this important period that the learned editor of these reports adopted the task which has done himself so much honour, and been of so much importance to the whole profession probably to all Europe. For the fame of English courts of justice could only be increased by such evidence of the Admiralty adjudications being equal to those of the courts of common law. The present part is the second of the third volume, and compleats it. These reports are in general done on a different plan from those of the cases in the courts of King's Bench and Common Pleas ; and, in some respects, we think, not so good a one. The arguments of counsel are often omitted altogether, and very rarely put in at any length: on the other hand, many of the judgments of the court are given with such particularity as to include a repetition of the case, and the remarks of the judge upon the evidence; which, although in all instances it shews in him vast precision and acuteness, must in every case be limited in its application to the evidence then before the court, and add nothing to the value of the general object of the reports, There is, however, the strongest internal evidence, that the opinions delivered by the judge are most truly and accurately reported. One of the most important and interesting decisions in this part, which includes some cases of 1800, and all those in 1801, is that of the Gratitudine, p. 240, in which, after great consideration of the powers of masters of merchant ships, it was resolved, that they may hypothecate their cargoes as well as their ships in case of distress, and when the money is to enable them to prosecute their voyage. The difficulty contended with was, whe ther the captain should be considered as agent for the cargo, or the mere carrier This part includes the Index to the volume. ART. IV. Reports of Sir Edm. Saunders, by WILLIAMs, Vol. 2. ONE of the most valuable books of Reports ever given to the profession of the law, was that of Sir Edmund Saunders, Lord Chief Justice of the court of King's Bench in the reign of Charles II. It contains the record at length of each case before the court, and in a very concise and clear manner states the objec tions and arguments of the counsel, and opinions of the judges. As Saunders was deeply versed in the science of special pleading, and was himself counsel in most of the cases he reported, the points discussed are given with clearness, and with a truth to which a special pleader more readily attains, whose habits sharpen the mind to a quick perception of legal distinction, and discipline it in a close adherence to the severest logic. These Reports were first published, ą Parts. pp. 423. the records in Latin, and the arguments in French, in the year 1686. A superior edition came out in 1722. In 1799 the present editor, Mr. Serjeant Williams, published a first volume, and he has now completed his work by this second vo lume, in two parts. This edition is not merely enriched with many references to new authorities, but the editor has added numerous and very long notes; in which he has discussed, with an industry, an accuracy of discrimination, and an extent of legal research and learning, rarely excelled, most of the heads of law connected with the subject of the reports. This second volume contains a dedication to Lord Eldon, a second preface, and a most useful index to the notes. The skill with which these notes have In the courts of common law, it was long ago decided, if the ships had been freighted on a charter party, the captain is the servant of the freighter, and of course the immediate ageut of the goods a but it would seem that this had been a government ship. Rev. been composed, has been correspondent to the judicious and excellent objects of them. The editor declares, in his prefaces, that they were written, as well with a view of inciting the student to a diligent perusal of the pleadings, and giving him a knowledge not only of the excellence or defects of those before him, but of the grounds and reasons upon which the rules of special pleading and practice were formed, and the variations which modern times had adopted from older forms; as of affording the more experienced a useful book upon the circuits, where many cannot be referred to. With these intentions, Mr. Serjeant Williams has digested into them the doctrine and authorities relating to most kinds of practice and special pleading, and many of general laws. Several are complete, though concise treatises upon their respective subjects. To expatiate upon the utility of such a work is superfluous. Every lawyer will read it with interest and advantage. To the rest of the world, its confined and technical topics must ever keep it a stranger. ART. V. Digested Index to the Chancery Reports. pp. 537. IN consequence of the increased publication of reports of modern decisions, a general index to the cases contained in them became indispensable. The profession were supplied with one, of the reports of the courts of common law, by Mr. Tomlins; and this is another of the reports of Chancery cases, we believe in a great measure by the same gentleman. ART. VI. Bosanquet and Pullen's Reports in the Common Pleas, for Hilary, Easter, Trinity, and Michaelmas Terms, 1802. pp. 309. THESE reports are conducted upon the same plan with those of Mr. East, in the King's Bench. They include the cases determined in the court of Common Pleas, and in the court of Error in the Exchequer Chamber; and are executed with great care and ability. The numbers now under our review constitute part of the third volume. these numbers, completed six volumes of reports of cases determined in the court of Chancery. The object is the same as that which governs the similar reports which have for many years been published of the decisions of the courts of common law; and the performance is now too well known to require any comment. ART. VIII. Forrest's Exchequer Reports, Part 1. pp. 177. THE court of Exchequer is less known to the public than that of either the King's Bench or Common Pleas, probably from its divided jurisdiction, in holding pleas both in equity and common law. The present work is to bring forward the decisions there, for the same professional use which has attended the publications of the reporters of the other courts of Westminster Hall; and when it is considered, that that court holds exclusive jurisdiction over revenue causes, and has obtained almost exclusive jurisdiction in cases of tythes, the importance of its decisions will readily be acknowledged. Mr. Forrest has begun his lafirst specimen, we are led to expect that bours with great ardour; and from this he will execute it with a fidelity commensurate with the value of its object. ART. IX. Opinions and Memoirs of Lord REPORTS of adjudged cases are to the lawyer what experiments are to the chemist: they exhibit the application of principles for the solution of new combinations of fact, and accumulate his means for the deduction of further general principles to the enlargement and perfecting of his science. To both it is of infinite importance, that the records of these events, in their respective pursuits, should be accurate and authentic; and, therefore, whenever they come from the hand of the author himself, they are entitled to the greatest weight and attention. The work now before us is a collection of seventeen cases, decided between the years 1757 and 1770. In that time Wilmot acted as puisne judge in the court of King's Bench, lord commissioner of the great seal, and lord chief justice of the court of Common Pleas; and delivered the judgments now published from his Mr.VESEY has, by the publication of own MSS. They relate chiefly to cases ART. VII. Vesey's Reports in Chancery, in Trinity and Michaelmas Term, 1801Hilary, 1802. pp. 825. on real property, but some of them are of more general interest. The opinion on the writ of Habeas Corpus; the fining dissenters for not qualifying themselves to serve the office of sheriff; the granting attachments for libels on the court, and on punishments to commence at a future period, will be read with avidity by all who concern themselves in questions which affect public liberty. The editor (who we understand is the son of the lord chief justice, and the present master in chancery) expresses himself, in a note prefixed, to have been prompted to the publication by some of the judgments it contains having been seen by several eminent professional persons, and been thought by them too excellent to be kept private. This indeed greatly enhances their value. He has therefore given those which are no where else to be found in print, with others of which the general reporters of the day have taken some notice, but not equal to the MSS. of the lord chief justice himself. Though none of them, we are told, were prepared by their author for publication, they all are elaborate, perspicuous, elegant, and learned; and may be consulted with advantage for objects vastly beyond the individual cases on which they were delivered. It is of no small consequence too, that the superior qualities which lord chief justice Wilmot always displayed as a judge, were fully sustained by his eminent virtues in private life. The memoirs which are now given of him are highly interesting, and honourable to his memory. He was, perhaps, a rare in stance of the union of great legal talents with a most delicate humility; of an industry and capacity for the highest of fices in his profession, with feelings that had no gratification in the rewards of ambition, or the exercise of power; of a fitness for the possession of the seals, which were offered to him, and a resolution to decline them. He accepted of his high honours rather in obedience to the urgency of his friends, than from incli nation; and looked upon the advance in office as an accumulation of sacred and awful duties. Some of his letters to his sons, whilst young men, are printed in these memoirs, and give the highest idea of the purity and magnanimity of his character. By gentlemen just beginning the arduous profession, in which their author so well and justly succeeded, they will, both from their sentiments and information, be found a most valuable acquisition. Ellis's Practical Remarks on ART. X. Proceedings in Parliament. pp. 226. THIS book has been published in order to facilitate the labours of those whose duty it may be to solicit any of the numerous private bills which are perpetually passing through the houses of parliament, respecting roads, canals, &c. these purposes; the rules of the houses, It contains practical instructions for and a collection of forms. The chapters are Of private bills in general; of inclosure and drainage bills; of turnpike-road bills; of navigation bills; of bills for building bridges; of bills for the more easy recovery of small debts; of bills for paving; of bills respecting letters patent; of divorce bills; and of estate bills with a large appendix of precedents. The knowledge it communicates seems to be ample, and collected with care; and it need hardly be observed, that such a publication is calculated, in the present day, for very extensive use. ART. XI. Marriott's Formulary. pp. 388. THE collection of forms here given to the public has the sanction of Sir James Marriott's respectable name. By the preface, (as far as it can be understood) it would seem that a principal object of the publication is to exhibit the excellence of the orders and proceedings of the courts to which it relates; but we hope its use will surpass the design expressed in the absurd composition by which it is preceded. ART. XII. Table of Tithes. A compendium useful enough to be fixed up in the kitchens of farmers, to remind them of the extent to which they are liable under this most heavy and galling exaction. ART. XIII. Original Precedents in Conveyancing, selected from the MS. Collection of the late John Joseph Powell, Esq. Author of the Law of Mortgages, Wills, and other valuable Law Treatises. Revised and corrected, with Notes and Remarks explanatory of the Nature and Efficacy of the several Deeds, and other Assurances, contained in the Collection. By CHARLES BARTON, of the Inner Temple, Esq. 8vo. 6 vols. pp. 2900. THE collection of precedents here presented to the public, is stated, by the publishers, to have been purchased by them from the late Mr. Powell's executrix. But, as a collection of precedents obtained solely from the opportunities afforded by actual practice, cannot be supposed to be entirely complete, the editor tells us he has supplied the defects arising from this source, either from his own collection, or by drafts expressly prepared for the purpose. Wherever Mr. Powell has been led (by notions in some degree peculiar to himself) to the addition of forms not generally used in the profession, the editor has remarked upon them, and has explained the principles and views which guided Mr. Powell in his deviation from common practice. This the editor has been peculiarly enabled to do, from his long intimacy with Mr. Powell, and the frequent opportunities which that intimacy afforded him of becoming acquainted with his legal opinions., Nor has the editor confined himself entirely to this he has introduced essays, or elementary dissertations, on the nature and use of the different species of as surances contained in the collection, and has added occasional notes and observations, explaining the operation and intention of the particular clauses inserted in them, with numerous references to the determinations which have taken place on questions relative to these clauses. The short essays, or treatises, prefixed to each class of precedents, on the following topics, viz.; on agree ments, on appointments, on assignments, bargains and sale, bonds, deeds of confirmation, covenants, declarations of trust, deeds of demise, feoffments, grants, leases, deeds of lease and release, lease and release by way of settlement, and wills. These essays are, we think, executed with considerable ability, and possess the very great advantage of very full references to the various cases and determinations on the subjects of which they treat. The work extends to six very large octavo volumes, and from the various precedents it contains, and the other recommendations we have enumerated, it will, we think, be found to be a work of considerable professional value. ART. XIV. Elements of Conveyancing; to which are prefixed cursory Remarks on the Study and Practice of that Science; including a Course of Reading, and List of Books for the Use of Students and Practitioners, and a Syllabus of the Remainder of the Work. By CHARLES BARTON, of the Inner Temple, Esq. 2 vol. 8vo. pp. 1282. THE professed design of this work is to introduce the student to an acquaintance with the elementary principles of the science of conveyancing. The materials from which it was composed, were (we are informed by the author) originally intended to have been arranged into a course of private lectures for the instruction of pupils; a plan which was, however, afterwards abandoned. The subject is, of course, real property, its nature and incidents, and the several estates and interests which may be had in such property. The work is divided into five books, and each book is subdivided into chapters. Book I. treats of the several species of real property, their natures and incidents. Book II. of the estates and in terests which may be had in real property, with some of the chief incidents attending their enjoyment. Book III. of the injuries of which estates and inheritances in real property are susceptible, with the means of redressing them. Book IV. of the manner of transferring estates and interests in real property, from one person to another, by voluntary alienation. And book V. of the mode of transmission and descent of real property, on the involuntary dereliction, or the decease of the proprietor. Only one large octavo volume of the work, comprizing the first book, is yet published, but the author has presented the public with an additional volume, containing a prospectus of conveyancing, as far as concerns real property, and |