Unfortunately the author not infrequently weakens the force of his thought by stating principles in old, inaccurate, and stereotyped forms. Thus the duty of the employer to provide safe appliances, the servant's right to insist on such appliances, and his obligation to assume the risks incidental to the business, are referred to as contractual. Yet they exist entirely apart from any animus contrahendi, and no one would ever attempt to enforce them by the machinery of the law of contracts. They are merely correlative rights and duties pertaining to the relation of master and servant, whether that relation is created by contract or not. Similar loose statements are occasionally met with in other parts of the volume. But in spite of these minor blemishes the book is an excellent production, and will prove of great service to the average practitioner. An appendix containing the language of the different acts, a most comprehensive index, and valuable collections of cases on all points throughout the volume, add greatly to its usefulness.

W. H. H.

Outlines of CRIMINAL LAW. By Courtney Stanhope Kenny. Cambridge (Eng.): The University Press. New York: The MacMillan Company.

8vo.

1902. pp. xxii. 528. In this volume, divided into four parts, Professor Kenny offers the substance of a course of lectures which he has given at Cambridge University for the past twenty-five years. The first part discusses the elementary principles of Criminal Law, embracing chapters on such general subjects as the Purpose of Punishment, Intent, Exemptions from Responsibility, and Inchoate Crimes. The second is more specific in its nature and deals with particular offences, defining the more important common law crimes and presenting an analytic study of the essential elements of each. The third and fourth parts, somewhat shorter than the others, are concerned with matters of evidence and criminal procedure respectively. An interesting chapter on "The Problems of Punishment" is included, the subject being treated from the standpoint of the sociologist. The concluding chapter suggestively forecasts some possible reforms in the criminal law of England and in its administration.

To those not far advanced in the study of legal topics the book will prove to be of much value, and to them it may be heartily recommended for its clear presentation of the fundamental principles of criminal law. It is not and does not assume to be an exhaustive treatise, but is rather professedly and really an "elementary manual," covering only the main points of each subject, but treating them in a style admirably simple and compact. The propositions laid down are not discussed in the abstract alone, but are abundantly illustrated by concrete cases from the reports.

The work is for the most part free from inaccuracies. In rare instances, however, one feels that the reasoning of courts has been too unhesitatingly accepted. An example of this is perhaps to be seen in the apparent lack of discrimination in the treatment of necessity as a ground for exemption from responsibility.

But

The American reader will find the small portion of the volume dealing with procedure of little importance, since the author confines his discussion principally to the practice of the English courts. On disputed questions of law, too, the English decisions are generally stated to the exclusion of the American. in the broad, elementary view taken by the author these differences are comparatively few and minor, and serve only to emphasize a more general agreement. While it is probably true that the book is not entitled to the highest rank as a volume of reference, it will nevertheless repay careful study by the beginner and occasional examination by the lawyer. It deserves cordial recognition.

A TREATISE ON THE LAW OF MASTER AND SERVANT, including therein Masters and Workmen in Every Description of Trade and Occupation, with an Appendix of Statutes. By Charles Manley Smith. Fifth edition by Ernest Manley Smith. London: Sweet & Maxwell, Limited. 1902. pp. xcviii, 823. 8vo.

A reader who approaches this book with the expectation of finding a theoretical discussion of the various legal problems which arise out of the relationship of master and servant, will turn away disappointed. But if one desires a reference manual, he will find here an accurate and concise statement of the English law, supported by a collection of the most important decisions. The first edition, which appeared in 1852, was the pioneer among legal publications on this subject. Its purpose was to supply the need of the profession for a separate work which should make easily accessible the law relating to master and servant, which formerly had to be sought in books of general scope, such as treatises on contracts, agency, torts, criminal law, or evidence. How successfully the purpose was accomplished is shown by the demand for subsequent editions. Since the needs of the practitioner rather than the student determined the character of the book, the author was satisfied with stating the rule without seeking the reason for it. The same method of treatment has been followed in all the later editions.

Since the appearance of the fourth edition in 1885, numerous statutory changes and important judicial decisions have made a revision desirable. The work of the present editor, who has followed closely the manner and method of the original, has added much to the value of the book by bringing the subject completely down to date. In general, his analysis of cases is clear, and his statement of the existing rules of law, as deduced from the authorities, accurate and succinct. But in the chapter on "Combinations amongst Masters and Workmen," the treatment of the recent important decisions before the House of Lords seems scarcely adequate, the subject being dismissed with a discussion six pages in length. To American readers it will appear strange, also, to see the Fellow-Servant rule allotted so small a space as is here accorded it.

By a judicious omission of such cases and statements of the law as subsequent decisions or statutes have made of slight value, the text has been reduced

about seventy pages. But the unavoidable increase in the length of the appen

dix of statutes has made the entire volume somewhat larger than the fourth edition.

Occasionally American decisions are cited and differences noted between the English and the American law, but the book will necessarily find its readers chiefly among those who wish to know the English law. Had the editor cared to enter upon more extended comment or criticism of the rules he lays down, the work would be of greater value to Americans.

REPORTS ON THE LAW OF CIVIL GOVERNMENT IN TERRITORY SUBJECT TO MILITARY OCCUPATION BY THE MILITARY Forces of the United STATES, submitted to Hon. Elihu Root, Secretary of War. By Charles E. Magoon. Washington: Government Printing Office. 1902. pp. 808. 8vo. This large volume is made up entirely of reports submitted by the Law Officer of the Division of Insular Affairs to the Secretary of War of the United States, and by him regarded as of such value as to warrant publication. The reports are in general brief, but cover a large variety of topics. They were prepared merely as advisory opinions for the use of the Secretary of War in particular cases which arose from time to time. They in no way form, nor are they intended to form, a systematic treatise on civil government under military occupation. Consequently the volume is of greater value to the student of political science than to the lawyer. Much of the correspondence between the War Department and the generals and other officials stationed in the insular possessions of the United States, is contained in this volume.

The reports show considerable familiarity with the works of international law writers, and painstaking research into the archives of the government and the reports of Congressional debates and of Supreme Court decisions. As a compendium of what statesmen, lawyers, judges, and men of action have thought, advised, decided, and done in connection with some of the most important questions of constitutional and international law that have confronted this country, the book is well worth owning; and, containing as it does the information and the advice on which the present Secretary of War has acted in many cases of far-reaching importance touching the insular possessions, it must remain of permanent interest. Some of the reports contain original legal work by the writer but in many the work is mainly compilation, the contribution of the writer being largely in the nature of a running narrative to connect numerous and lengthy citations from the sources mentioned above. volume has an excellent index.

The

THE LAW OF Interpleader as administered by the English, Irish, American, Canadian, and Australian Courts, with an Appendix of Statutes. By Roderick James Maclennan. Toronto: The Carswell Company, Limited. London: Stevens & Sons, Limited. Boston Boston Book Co. 1901. pp. xxix, 464.

8vo.

Interpleader is a proceeding by which a person in the position of a stakeholder may compel two or more adverse claimants for the same property to litigate their rights among themselves. In the early common law the remedy lay only when, after a joint bailment, the bailee was in doubt as to which bailor had the rightful claim. The legal remedy being thus clearly inadequate, chancery early took jurisdiction and gave relief when a stakeholder, who claimed no interest in the property and was under no independent liability, desired to determine which of several claimants asserting title from a common source was the true owner. To avoid the litigation of legal claims in a court of equity, interpleader statutes now generally authorize proceedings in common law courts. The present author is apparently the first to attempt to cover the entire subject. More than half of the book relates solely to matters of procedure. The remainder deals with the elements of the right of interpleader, but confines its discussion largely to the English and the Canadian law, making only occasional references to the American. A complete collection of local statutes and an exhaustive list of cases are included in the volume. It is apparent from the nature of the work that it will prove serviceable as a practical manual, though perhaps to English more especially than to American lawyers. It will be of distinct value also to the student who is interested in observing the different rules prevailing in the various jurisdictions in the same small field of the law. To the doctrine of Crawshay v. Thornton, 2 Myl. & C. 1, the author has devoted an entire chapter. He concerns himself, however, mainly with the growth of the principle of independent liability, without entering upon a searching investigation of the reason underlying it. He concludes, in accord with the recent statutes, by adopting the liberal view that the mere fact that a stakeholder is under an independent liability to one claimant should not deprive him of the valuable remedy of interpleader. This mode of treatment is typical of the entire book. The theory of the subject is discussed but briefly; for interpleader as a remedy is based largely on considerations of practical convenience. The trend of legislation and decision, however, is considered at generous length, and the present state of the law is concisely summarized.

By Louis J. Rosenberg
Chicago: D. P. Engel.

SOCIOLOGIC Studies of a MedICO-LEGAL NATURE. and N. E. Aronstam. Introduction by Clark Bell. hard & Company. 1902. pp. 137. 12mo. The authors of this little volume, one of whom is by education a lawyer and the other a physician, have here with slight modifications gathered under a

single cover much of the interesting material that has already appeared over their names at different times in various medical journals. Chapters are found discussing Crime, the Drink Evil, the Regulation of Marriage, Premature Burial, Suicide, and kindred subjects of sociologic significance.

The plan of the work is simple. As its title indicates, it does not assume to be at all exhaustive in its treatment, but merely to present briefly some leading considerations of medico-legal importance suggested by faithful study and investigation. Existing evils are pointed out, remedies are proposed and considered, and occasionally suggestions are made urging legislative interference. The authors' views are rationally presented and seem deserving of thoughtful attention, though possibly some of them may impress the reader as somewhat

extreme.

A BRIEF OF NECROSCOPY and its Medico-Legal Relation. By Gustav Schmitt. New York and London: Funk and Wagnalls Company. 1902. pp. 186. 16mo.

This little manual presents in clear, concise form the essential facts bearing upon the study, diagnosis, and technique involved in the conduct of post-mortem examinations. Without assuming to instruct the physician in the elements of medicine or the attorney in matters of law, it recognizes that the results aimed at in such examinations, though essentially medical in their nature, are yet of direct legal consequence. It is accordingly designed to furnish material such as, on the one hand, will enable the examiner to secure accurate and relevant data, and. on the other, will enable the attorney to subject any data or conclusions to rigid scrutiny.

THE HEALTH OFFICERS' MANUAL AND PUBLIC HEALTH LAW OF THE State of NewW YORK, containing the Public Health Law (Laws of 1893, Chap. 661), and all Statutes relating to the Public Health, Powers and Duties of Local Boards of Health and Health Officers, Adulterations of Food, Medical, Dental and Veterinary Practice, Pharmacy, etc., as Amended to the Close of the Legislative Session of 1902, with Annotations, Forms and Cross-References. By L. L. Boyce. Albany: Matthew Bender. 1902. pp. xii, 289. 8vo.

THE ADMINISTRATION OF DEPENDENCIES: A Study of the Evolution of the Federal Empire, with Special Reference to American Colonial Problems. By Alpheus H. Snow. New York and London: G. P. Putnam's Sons, The Knickerbocker Press. 1902. pp. vi, 619. 8vo.

A TREATISE On the Law of IntercorpoRATE RELATIONS. By Walter Chadwick Noyes, Judge of the Court of Common Pleas in Connecticut. Boston: Little, Brown and Company. 1902. pp. xlviii, 703. 8vo.

For list of exchanges, see p. 156.

EXCHANGES.

Albany Law Journal; American Bankruptcy Reports; American Law List; American Law Register; Amèrican Law Review; American Law School Review; American Lawyer; American Telephone Journal; Australian Law Times; Bar, The; Bombay Law Reporter; Brief, The; Bulletin Mensuel de la Société de Législation Comparée; Calcutta Weekly Notes; Canada Law Journal; Canadian Law Review; Canadian Law Times; Case and Comment; Cases Cited; Central Law Journal; Chicago Law Journal; Chicago Legal News; Columbia Law Review; Cumulative Index-Digest; Dickinson Forum; Green Bag; Harvard Graduates' Magazine; Insurance Law Journal; Iowa University Law Bulletin; Irish Law Times; Japan Register and Messenger; Johns Hopkins University Studies; Journal of Political Economy; Journal of Society of Comparative Legislation; Justice of the Peace; Kansas City Bar Monthly; Kansas Lawyer; Kathiawar Law Reports; Lancaster Law Review; Law, The; Law Digest and Recorder; Law Journal; Law Magazine and Review; Law Notes (Eng.); Law Notes (N. Y.); Law Quarterly Review; Law Student's Helper; Law Students' Journal; Law Times; Law Times Reports; Lawyer, The (India); Lawyer and Layman; Legal Adviser (Chicago); Legal Adviser (Denver); Legal Intelligencer; Madras Law Journal; Maryland Law Review; Medico-Legal Journal; Michigan Law Review; Natal Law Quarterly; Nation, The; National Corporation Reporter; New Jersey Law Journal; New York Law Journal; North Carolina Law Journal; Ohio Law Bulletin; Pittsburg Legal Journal; Political Science Quarterly; Punjab Law Reports; Queensland Law Journal; Review of Reviews; Revista General de Legislación Jurisprudencia; Revue de Jurisprudence; South African Law Review; Summons, The; Victorian Law Reports; Virginia Law Register; Washington Law Reporter; Western Reserve Law Journal; Yale Law Journal; Zeitschrift für Internationales Privat- und Strafrecht.