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ACCOUNT AND ANALYSIS
NEW LAW BOOKS,
WITH OCCASIONAL REMARKS.
ARTICLE VIII.-A COMPENDIUM of the Statute Laws and
REGULATIONS of the Court of ADMIRALTY, relative to Ships of Iar, Privateers, Prices, Re-captures, and Prize Money. With an Appendix of Notes, Precedents, fc. By Thomas HARTWELL HORNE.-W. CLARKE and Sons, Portugal Street, 1803. 12mo. pp. 168.
R. HORNE informs us, in his preface, that his object
is to exhibit a concise view of the existing statutes, laws, and regulations of the court of Admiralty, concerning ships of war, privateers, prizes, and other matters connected with that subject. And although the elaborate works of Mr. Lee, the earl of Liverpool, M. D'Martens, and Mr. (Dr. we believe) Browne might seem to render any farther work on this head unnecessary; yet as they are too intimately blended with the law of nations to contain a compendium of British prize law, the editor was induced to arrange the sheets here submitted to the public, in order to supply the deficiency.” Mr. Horne adds that “perspicuity and brevity, are the objects he has chiefly kept in view that he might be enabled to come prize all the operative words of the laws and regulations now in force respecting prizes."
The work commences with a disquisition on the origin of letters of marque, after which the author proceeds to consider the conduct of ships of war and privateers at sea, as well before as after capture, recaptures, legal proceedings, fees of office, appeals, &c. The regulations concerning agents and prize-money, prize-vessels, and prize-goods, and, finally, the rewards of ships of war and privateers. An appendix is added containing several necessary forms and notes of decided cases illustrative of positions advanced in the body of the work.
Mr. Horne appears to us, to have very accurately executed what he professed, and we have no doubt that this Compendium will be found useful by those who practise in the court VOL, 111. No. 19,
of admiralty, and also by those who are concerned in the capture of prizes.
The subject is indeed of great importance to those whom it concerns, and Mr. Horne has, we think, rendered them the more service by preparing bis Compendium in a size and form so convenient that all who are concerned in shipping may readily acquire information upon the points most useful to be known concerning the law of prize in British courts of admiralty. We have only to add, that this work was printed before the late decision, in the cases of Lord Nelson v. Tucker and Lord Keith v. Pringle concerning the chief flag officers' right to the one-eighth share of prize taken by his squadron which has been held to belong to the effective present acting flag officer on the station under the fourth article of the king's proclamation 1797+ and not to the superior officer nominally on the station returning home and leaving the ships behind to act under another command, notwithstanding the prizes then in question were taken by an officer dispatched from the feet, by orders of the admiral returning home, and before that officer could receive orders from the admiral left behind, and while the former continued to retain the title of admiral on that station with the pay table, money, &c.
• Vide Law Journal, vol. iii. p. 111. + Horne's Compendium, p. 82. 85.
Sir Edward Coke's Reading on the Statute of Uses.
We are now enabled to state from the best authority that it is most probable that this reading has never yet been published. The expression in Lord Bacon's Reading alluded to by Studens and from which he inferred that it had been published, we are now convinced, upon a full examination of that excellent work, is merely accidental, and does not warrant the inference which he has drawn from it. In anolher place* Lord Bacon notices the reading of Sir Edward Coke, in the past tense, as follows:“ inaster attorney,” (evidently meaning Coke)" who read upon this statute, said well: so that it seems the authority of Lord Bacon is perfectly indifferent, as to the publication of the reading, though it is decisive as to the fact of Coke's having read upon the statute of uses. In addition to this we have since been informed, that amongst the collections belonging to Mr. Hargrave, who has several volumes of manuscript readings, there is a note of some part of Lord Coke's Reading on the Statute of Uses, but we are also informed, and it must be inatter of regret to all, that it is but a mere scrap too imperfect' to satisfy the wishes of those who know how to value the labours of such men as Bacon and Coke. We are sorry also to add that Mr. Hargrate has never seen a complete copy of Coke's Readingson Uses, and we have not as yet been able to ascertain that it exists at present in any of the public libraries, or private collections of manuscripts.
• P.5, edit. 1785.
+ We shall be happy to receive information from any of our intelligent correspondents, concerning such remains in Ms. of the unpublished works of eminent lawyers, or curious tracts, as may be within their knowledge. It is a part of the plan of this work to afford an opportunity for the publication of those things which though curious and interesting it would be hazardous and unprofitable to publish in another forms.
Declared in the London Gazette, from July 3d to
August 28th, inclusive.
[The Solicitors' Names, and Dates of the Gazette, are preceded
by a Crotchet.]
Aveson H. of Manchester, publican. [Foulkes, Bury place, Bloomsbury square.
Inn. July 17,
Southwark. August 3.
Bird William Wilberforce, of Coventry, silk manufacturer. [Berry, Walbrook,
street, Southwark. July 28.
Melina place, St. George's fields, Westminster road. August 11.
Son, Bristol; and Pearson, Pump court, Temple, London. August 14.
Christmas George, of Carey street, livery stable keeper. [Wright and Co. Sher
borne lane, Londoo. July 7. Chatburn Samuel,of Hebden bridge, Yorkshire, cotton spinner. [Holland, Mane
chester. July 21. Credan John, of Johnson's court, Fleet streetbookbinder. [Lee, Castle street:
Chaplin S. of High street, Southwark, grocer. [Hall, Salter's Hall, Londor.
July 28. Clayton J. Salford, Lancashire, flour dealer. [Jones and Co. Manchester; and
Edge, Inner Temple. July 31. Clark James, Bursledun, Southampton, ship owner. [Armor, Southampton ; and
Leigh and Co. New Bridge street, London. July 32. Cartwright Richard, of Manchester, brush maker. (Ellis, Cursitor street, Lon.
don; and Kearlley and Cardwell, Manchester. August 7. Cooper Thomas, jun. of Derby, watchmaker. (Curzon, Derby ; ani Lowton,
Temple, London. August 7. Caven 'Perer, of Brighthelmstone, Sussex, linen draper. (Choign, Lictie Friday
street, Cheapside. August 7. Cook S. of Trowbridge, Wilts, clothier. [French and Williams, Cascle street,
Holborn. August 11. Connellan J. Brown's buildings, St. Mary Axe, London, merchant. [Biunt, Old
Pay Office, Broad street. August 11. Cole T. of Dagsenham, Essex, baker. [Eaton, Birchin Jane, London. Ave
Deighton J. of Reeth, Yorkshire, ironmonger. [Egerton, Gray's Inn square,
street, Soho. July 28. Denton Jonathav, ot Hunshelf, Yorkshire, cotton spinner. (Rimmington god
Wake, Sheffield; and Wilson, Castie stree:, H»iborn. August 7. Daulby Joseph, of Liverpool, siater and pleisterer. [Bardswell, Liverpool
August 25, Drummond William, of Fobbing, Essex, mariner. [Druce, Billiter square, Fen
church stresi. August 2;.
Ellis Benjamin, of Holt, Norfolk, vintner. [Tarrant and Moule, Chancery lane,
London. July 10. Emmet Richard, of Withnell, and Peter Baldwin, of Hoghton Lancashire, cotton
manufacturers. [Duckworth and Chippendale, Manchester. July 14. Eddelis 1. of Aldermanbury, London. (Swale, Boswell court, Carey street. August 18.
Fortnum Charles, late of Upper Berkeley street, Middlesex, merchant. (Palmer
and Tomlins, Warnford couri, Throgmorton street. July 14. Francis George, of Bridgend, Glamorgan, shopkeeper. (James, Gray's Ion square,
London ; and Morgan, Bristol. August 31.
upon Tyne, and Nelsou, Maddox street, Hanover square, London. August 31.
Gunton R. of Droitwich, Worcester, innholder. [Hill, Mertdich, and Roblos,
Gray's Inn, London. July 10. Giibert Thomas, of Birmingham, factor. (Alexander, Bedford row, London,
July 17; Cidlow W. Hindley, Lancashire, cotton manufacturer. [Blackstock, St. Mildred's
court, Poultry, London. July 21. Gower R. I. Soper and J. Beavis, of Birmingham, leather dressers. •[Richardson,
Monument yard, London. July 24.