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estimated by those who have undertaken something of the same kind themselves. The toil of the maker of digests is by no means the mere mechanical drudgery of scissors and paste that it is supposed to be by the unexperienced, but, on the contrary, it tasks severely some of the best faculties of the mind. A man who can make a good abstract of a case, omitting nothing and having nothing superfluous, gives thereby evidence of a good legal understanding. No member of the legal profession need be told of the importance of having in his library the means of ascertaining the decisions of the various courts of the United States, upon the various momentous questions over which they have exclusive or concurrent jurisdiction. Besides the constitutional cases, which though not coming within the range of the common practice of a lawyer, ought to be familiar to every citizen and especially every member of a liberal profession, there are the various expositions of the statutes of the United States, including the important subject of patents, the cases coming under the head of admiralty and maritime law, and the various common law questions arising between citizens of different states, all of which are of frequent application in the course of practice, and none of which a lawyer can safely be ignorant of. But when the practitioner learns that this important information is to be sought in upwards of sixty volumes, which cost over two hundred and fifty dollars, there will be very likely to arise a "conflict" between the "law" of his purse and the "law" of his mind, which will probably wait a long time for adjudication and settlement. Erasmus writes in one of his letters, that when he gets money, he shall first buy Greek books and then clothes. There are many young lawyers who find themselves in the dilemma of this great scholar, called upon to select between law-books and clothes; and to this numerous class Mr. Peters's labors recommend themselves most emphatically. Within the compass of three octavos and at no extravagant price, they can procure an abstract and summary of all the decisions of the various courts of the United States, from their organization to the present time. Nothing has been omitted; indeed, if there be a fault it is of the opposite kind; the redundancy and the

want of compression and compactness, though this can hardly be deemed a defect, at least to those who have not the reports themselves.

The matters found in the books of reports are arranged in the digest under upwards of nine hundred and fifty heads; and on evidence the points in the work amount to eleven hundred and fifty-seven; on insurance, to four hundred and eighty-seven; on bills of exchange and promisory notes, three hundred and thirtyseven; on patents for useful inventions, to one hundred and ninetyfour; on prize and admiralty law and admiralty practice, to seven hundred; on lands and land titles, to four hundred and seventy; and on chancery and chancery jurisdiction and practice, to five hundred and forty.

We recommend the book to the profession, as one eminently worthy of their attention. We cannot consider a library, on the most moderate scale, to be complete without it. The typographical execution also deserves great praise.

2.—The Judicial Chronicle; being a List of the Judges of the Courts of Common Law and Chancery in England and America, and of the contemporary Reports from the earliest period of the reports to the present time. Published and sold by James Munroe & Co., Washington Street, Boston.

[A notice of Mr. Gibbs's Judicial Chronicle has heretofore appeared in our journal (see vol. xi, p. 483), but as we have been informed that a considerable portion of the edition still remains unsold, which we can only account for on the supposition that the profession are not aware of its convenience as a manual of reference, we readily give place to the following notice from a correspondent. EDS.]

The attention of our readers is recalled to this very useful little work, not so much for the purpose of examining its design and contents, which are sufficiently explained by the title, as to recommend it, if possible, to more general notice and use. Its cheap and convenient form, and its accuracy and variety of information, render it a most desirable book of reference for the whole profession, and for the younger practitioners, and students of law,

especially, there is no work of the kind which embraces within a small compass so much valuable matter. They will find numberless minutia here collected and classified, which are indispensable to the finished, or even tolerably read lawyer, but which lie scattered over an immense surface, and without the aid of some such compendium as this, are gathered only after a life of labor. It is accurate, methodical, and thorough, and no library, we think, should be without it.

3.-An Analysis of the Principles of Equity Pleading. By D. G. LUBÉ, Esq., of Lincoln's Inn, Barrister at Law. With notes and references to American Cases. By J. D. WHEELER, Counsellor at Law. New York: Gould, Banks & Co.: and by Wm. and A. Gould & Co., Albany, 1840.

This is a work of very modest pretension, but of great merit. The author has done that for equity, which Mr. Stephen, in his masterly work on pleading, has done for the common law. The work is purely elementary, and highly scientific in its character. Its chief characteristic is that it considers the subjects of practice and pleading separately.

The author has executed his task with singular ability and success. We commend his work, most earnestly, to those who are entering upon the study of equity. The notes of Mr. Wheeler add much to the value of the work.

4.-Digest of the Decisions of the Courts of Common Law and Admiralty in the United States. By THERON METCALF and JONATHAN C. PERKINS. Vol. I. Boston: Hilliard, Gray & Co. 1840.

We have not space in the present number to notice, as it deserves, this first volume of Messrs. Metcalf and Perkins's long expected digest. It is a royal octavo of seven hundred pages, printed in double columns and fine type. The matter is alphabetically arranged. This volume commences with "abandonment,” and terminates with "custom and usage," and contains one hundred

1840.] Jurist Reports.-Phillipps and Amos's Evidence. 247

and fifty titles. The names of the authors (we prefer this term, when speaking of such a work, to that of "compilers ") are a sufficient guarantee that their task has been well performed; and the very slight examination, we have been able to give their work, entirely confirms the favorable judgment we should be inclined to form beforehand. We think it not extravagant to say, that this work will be to the United States, what Comyns's Digest has been and is to England.

5.—Reports of Cases argued and determined in the several Courts

of Law and Equity, in England, during the year 1839. Jurist Edition. Vol. I. New York: Halsted and Voorhies, 1840.

We presume that this volume contains the cases republished from the Jurist, by Messrs. Halsted and Voorhies, in their monthly publication of the same title. We have already expressed our favorable opinion of the reports contained in the work from which this volume is made up; and we need not therefore reiterate it on this occasion. This volume is got up in good style, and contains within a moderate compass the English Cases in law and equity, for the last year. We wish the publishers all the success, which their enterprize deserves; and cannot doubt, that they will find it for their advantage to continue the work.

6.-A Treatise on the Law of Evidence. Fifth American from the eighth London edition, with considerable additions. By S. MARCH PHILLIPPS, Esq., and ANDREW AMOS, Esq., Barristers at Law. With notes and references to American Cases. Parts I and II. New York: Halsted & Voorhies, 1839.

Mr. Phillipps's valuable treatise has been long and favorably known to the profession. The present work is not a new edition, however, but an enlargement of the first volume, of that publication, disconnected with the details of particular actions. It is confined to an inquiry into the general principles of the law of evidence, and the rules of evidence, applicable to particular actions, as referred to for example and illustration. We are glad this work has been republished in this country. We should say more of it, if we had room.

INTELLIGENCE AND MISCELLANY.

The late Andrew Stuart, Esq. We extract from the Quebec Gazette of March 13th, the following obituary notice of the late Andrew Stuart, Esq., a distinguished member of the legal profession in Canada.

The decease of the late Andrew Stuart, Esq., her majesty's solicitor general in this province, has left a blank so difficult to be filled up in the public mind, that it is humbly conceived, some further tribute than has yet appeared to his memory will meet with a willing reception.

Mr. Stuart was the son of the late reverend John Stuart, D. D. and minister of Kingston, Upper Canada, a gentleman well known and highly respected in these provinces, and particularly noted for his generous patronage of humble merit, and his zealous efforts to promote the cause of education. His son, who is the subject of these remarks, was born at Kingston, in 1786. He received his classical instruction under the venerable archdeacon Strachan, then residing at Cornwall, now bishop of Toronto, with whom he held a most friendly correspondence to the period of his death. His proficiency in his studies, if we may judge by the correct habits of thinking to which it was the prelude, must have been conspicuous. He afterwards continued to prosecute his studies at Union college, Schenectady.

His commencement of the study of the law took place in 1802, and his admission to the bar, on the fifth of November, 1807. He rose almost immediately into extensive practice, his success being secured by three of the greatest qualities a lawyer can possess, extensive knowledge both of the principles and of the

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