Mr. Stephen (vol. ii. p. 595.) changes the word decide into "superintend."

Many of these alterations are minute, but we cannot think that they are justifiable.

We do not profess to have gone through the whole of Mr. Stephen's four volumes in this manner, because, as he gives no reference to book, chapter, or page, this is exceedingly difficult; but we have examined a considerable portion of it, and the result of our labour is, that we cannot tell with precision what portion is the author's, and what the editor's; and we have found that the brackets are frequently more calculated (quite unintentionally on Mr. Stephen's part, as we certainly believe) to mislead than to assist, and that in this way incorrect ideas are conveyed to the reader's mind.

We pass on to notice some instances in which the author places out of brackets certain portions of Blackstone, and thus, according to his notice, leads the reader, as we conceive, to suppose that they are his own. This constantly occurs more or less throughout the whole four volumes, because sometimes (not always, as we have seen), if the slightest alteration is made by the author, he does not hesitate to place it out of the brackets, and giving no regular reference to the portion so taken, it is difficult to find how much has been altered. But in some cases, portions of pure Blackstone are placed out of the brackets. To show this, we must cite the parallel passages in Blackstone and Serjeant Stephen.

In the former (Introd. p. 76.), Blackstone says,

"As to gavelkind and borough-English, the law takes particular notice of them, and there is no occasion to prove that such customs actually exist, but only that the lands in question are subject thereto. All other private customs must be particularly pleaded, and as well the existence of such customs must be shown, as that the thing in dispute is within the custom alleged. The trial in both cases (both to show the existence of the custom, as 'that in the manor of Dale lands shall descend only to the heirs male, and never to the heirs female'; and also to show that the lands in question are within that manor,') is by a jury of twelve men, and not by the judges; except the same particular custom has been before tried, determined, and recorded in the same court."

In Serjeant Stephen (Introd. p. 56.), it runs thus: —

"As to the modes of descent in gavelkind, and borough-English, the law takes particular notice of them, and there is no occasion to prove that such customs actually exist, but only that the lands in question are subject thereto. All other private customs must be particularly pleaded, and as well the existence of such customs must be shown, as that the thing in dispute is within the custom alleged. [The trial in both cases (both to show the existence of the custom, as, 'that in the manor of Dale lands shall descend only to the heirs male, and never to the heirs female,' and also to show that the lands in question are within that manor,') is by a jury of twelve men, and not by the judges; except the same particular custom has been before tried, determined, and recorded in the same court."

6

It seems to us obvious, according to the editor's plan, as stated, that the bracket should have been placed at the word "gavelkind," and not at the words "The trial." In another instance, at p. 68., in which the learned Serjeant places out of brackets a considerable portion of Blackstone (Introd. p. 85.), beginning with the word "First," and ending with the word "pleaded," Mr. Stephen seems to claim this as his own in both editions, after making some very trifling alterations, while on other occasions he gives Blackstone all the benefit of a single word.

Now of course we do not think for a moment that the learned Serjeant intended in any way to mislead. We only submit to the reader that he has adopted a plan which is in fact impracticable, even in hands so able and learned as his

own.

Having thus freely pointed out what we consider the chief defects of this work, we turn with no little pleasure to its merits. These four volumes furnish a learned, and very frequently a popular statement of the law of this country, brought down to the commencement of 1848; and great labour has evidently been bestowed in giving the effect of all the recent and most numerous statutory alterations in the law. These the learned Serjeant almost always approves, thus giving is sanction to the efforts made for the improvement of the law. Indeed, a liberal and truly charitable spirit pervades the whole work. His succinct account of the

alterations effected within the last few years by act of parliament is highly instructive and useful, and we may refer particularly to the Chapters in the Fourth Book "On the Laws relating to the Poor," "On Charitable and Benevolent Institutions, Lunatic Asylums, Gaols, Highways, the Sanatory Condition of the People, Public Carriages, the Press, Professions, Banks, and Births, Deaths and Marriages," as being highly useful, and (subject to some inaccuracies too few and unimportant to notice) we may add that the work as a whole is sound and correct in its law. We need not say to any one who knows the subject that it is next to impossible to support our opinion by any extract from a work of this nature.

We cannot conclude this imperfect notice of this important work without expressing a hope that in a future edition the learned author may be induced to make some alterations in it. Its arrangement we do not expect him to abandon; but on the points on which we have principally dwelt, because they greatly impede the practical utility of the whole, we would fain hope he might be induced to reconsider his plan. We would then earnestly recommend that he should throw out the brackets altogether, then refer in the usual way to his obligations to Blackstone, by a side or foot note, but take upon himself the responsibility of the whole statement of the law which he gives. We may also mention a minor defect, the entire absence of marginal notes, which we hope may be supplied. Having abandoned the arrangement of Blackstone, let him not hamper himself with his language, but, adopting what he pleases, let him add or alter when he thinks best, and we assure him that his work, which has now as it stands great merit, will be not only more useful, but far more adapted to show what part of it is borrowed, and what is original.

JI. A Supplement to a Treatise on the Law of Perpetuity; embracing all the Authorities on the Subject of the original Work since its publication. By WILLIAM DAVID LEWIS, of Lincoln's Inn and Gray's Inn, Barrister-at-Law, and Lecturer on the Law of Real Property, &c., in Gray's Inn. London, 1849.

THE author of the excellent Treatise on Perpetuities, published in 1843, has now added a Supplement to that work, with the view of bringing before the profession, in a connected form, the various cases which, since the original publication, have been decided or reported upon points in the Law of Perpetuities. While it is surprising to find that so many decisions have occurred upon this subject during the short space of five years, the circumstance proves clearly (if proof were wanting) that the rule against perpetuities is a most important article in our jurisprudence, and that Mr. Lewis did not err in supposing that an attempt to unfold the principles, and explain the practical application of it, might prove a serviceable addition to our law libraries.

The present work commences with a short sketch of our recent legislation, in which, as Mr. Lewis considers, "the principles of the Law of England so decidedly favourable to freedom in the alienation of land," have been "consistently and largely applied." We are glad to find that Mr. Lewis is not entirely without sympathy for the progressive improvement of our law of real property, as is shown in the following passage, in which he enumerates the statutes passed in reference to the transfer of land during the last few years:

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During the last five years the principles of the law of England so decidedly favourable to freedom in the alienation of land, have been consistently and largely applied in practical legislation. The law has not contented itself with a philosophic preference of the theory of free commerce in land, but has diligently acted out the

spirit of those vigorous examples of past times, of which the unfettering of entails by fine and recovery (in contradiction of the baronial policy of our first Edward's era) was chief and foremost. Our long line of statutes against mortmain, again, have not been suffered to bear their witness to a policy which successive ages have acknowledged to be just and necessary, without allowing ramifications of it in other departments of the law which, though possibly less conspicuous and important than mortmain and entails, may yet contain, according to their measure, a capacity of producing the same evils which mortmain and entail would have involved, but for the judicial correction applied to the one, and the legislative limitation assigned to the other.

"Thus, simplicity in the transfer of land has been promoted by a well considered and scientifically constructed enactment that all corporeal tenements and hereditaments shall, as regards the conveyance thereof, be deemed to lie in grant; but this provision is permissive and optional only, for the land is to be considered as lying in grant, as well as in livery, which leaves still open to the discretion of a purchaser the adoption of the ancient feoffment. Transactions and forms of assurance to which an inconvenient and burdensome condition in law was impliedly annexed, such as exchanges and partitions, are now relieved of the incidental condition. An immediate estate and the benefit of a condition or covenant may be conferred by an indenture upon a person who is not named a party to it. Contingent and executory interests and possibilities coupled with an interest in land, may now be aliened by deed, no less than by will. The reversion expectant on a lease may be surrendered or merged at discretion, without the disagreeable result of an extinguishment of the incidents to the reversion, in exoneration of the lessees. The difficulty, delay, and expense' attending the assignment of satisfied terms, which operated in many cases to the prejudice of the persons justly entitled to the lands,' have been removed by rendering the assignment of such terms unnecessary. The extended investment of capital in the permanent improvement of the soil,' has been encouraged, by enabling proprietors under disability to make permanent improvements in the lands, charging the expense of effecting them on the inheritance of the land; thus rendering alienable pro tanto lands placed in settlement. Purchasers and others whose titles were intended to be secured' by fines levied and recoveries suffered in the lately abolished Courts of Great Sessions in Wales and Che