The Abridgment of Mr. Viner, is the most copious, and is enriched with the publication of several determined cases, either not at all, or generally speaking, not so fully and accurately reported elsewhere.' Woodeson's Elements, 175.

'Brother Viner is not an authority. Cite the cases that Viner quotes that you may do.' Per Foster, J. 1 Burr.

364.

'A most valuable, but shapeless mass of law.' Notes to North's Study of the Laws, p. 76.

'Viner's Abridgment, with all its defects and inaccuracies, is a convenient part of every lawyer's library. We obtain by it an easy and prompt access to the learning of the Year Books and the old abridgments, and the work is enriched with many reports of adjudged cases, not to be found elsewhere; but, after all that can be said in its favor, it is an enormous mass of crude undigested matter, and not worth the labor of the compilation.' 1 Kent Com. 510.

Mr. Waterhouse,

Waterhouse's Fortescue Illustratus. though a very prolix as well as an extravagant writer, one who too frequently exhausts himself and disgusts his readers by tedious, useless, and ill-timed digressions, appears to have been a man of considerable learning; and his collections, relative to the antiquities of our law, may sometimes be resorted to with great advantage, and may very much facilitate the labors of more judicious and able inquirers.' Hargrave's Notes, Co. Lit. 17 a.

Watkins' Principles of Conveyancing. This will furnish the student with a very accurate, though cursory view of the modern doctrines in Conveyancing.' Barton's Elements Study of Conveyancing, vol. 1. p. 28.

Wentworth's Executors. This is a good book.' Per Curiam, Skinner, 565.

Wentworth's Pleadings. This voluminous collection is rendered almost useless by the want of a rational Index.' Notes to North's Study of the Laws, p. 87.

Willes, Lord Chief Justice. Lord Eldon. 2 Br. & B. 598.

A very great lawyer.' Per

Williams on Executors. A work characteristic of the great learning and ability of its author-one of the most able and correct works that has ever been published on any legal subject.' 1 Chitty's Practice, 510.

Williams' (William Peere) Reports. Of Mr. Cox's edition of these reports, Lord Glenbervie (Sylvester Douglas) said in 1808, 'It is well-known that perhaps the best book extant of Equity Reports, has lately received very important elucidation, correction, and improvement, by an accurate examination of the original proceedings in Chancery on the cases therein contained.' Appendix to First Report on Public Records, p. 383.

See 8 Am. Jurist, 274.

Winch's Reports. See 8 Am. Jurist, 274.

Wilmot, Lord Chief Justice. His opinion in King v. Almon, found among his papers and published, is entitled to no more respect, and as for myself, I do not consider it entitled to as much respect as the opinions of many American lawyers.' Per Judge Spencer, arguendo, Judge Peck's Trial, 299.

'It is vain to deny Wilmot the praise which his cotemporaries bestowed on him, or to regard him less favorably than as a lawyer of deep, varied, and extensive learning, whose opinions are always entitled to respect and confidence.' Per Meredith, arguendo, Peck's Trial, 349.

Wilson' Reports. In King v. Wilkes, 2 Wilson, 160, S. C. 19 How. St. Tr. 990, Pratt, C. J. is made to say, 'I cannot find in any book that a libeller is bound to find surety of the peace, in any book whatever, nor ever was in any case, except one, viz. the case of the seven bishops, where three judges said that surety of the peace was required in the case of a libel; Judge Powell, the only honest man of the four judges, dissented, and I am bold to be of his opinion, and to say that case is not law.' In Butt v. Conant, 1 B. & B. 593, Burough, J. in reference to the case in Wilson says, 'It appears that a most severe and unfounded reflection was made on the Chief Justice and the two Judges who concurred, and the reporter might well have omitted a passage which, if warranted by the fact, (and this seems doubtful) was a libel on those judges, whose character I have never heard impeached. I do not believe it was said.' [The three associates of Mr. Justice Powell, were Sir Robert Wright, Chief Justice, Holloway and Allybone, Justices.]

Wood's Conveyancer. It is no authority-it is a very indifferent collection of precedents.' Per Heath, J. 2 Taunt.

Wood's Institute. Dr. Wood published in 1722, his Institute of the Laws of England. His object was to digest the law and to bring it into better order and system. By 1754, his work had passed through eight folio editions, and thereby afforded a decisive proof of its value and popularity. It was greatly esteemed by the lawyers of that age; and an American Judge (himself a learned lawyer of the old school,) (M'Kean, C. J. 1 Dallas, 357,) has spoken of Wood as a great authority and of weight and respect in Westminster Hall.' 1 Kent Com. 512. · Wright's Tenures. Sir Martin Wright's Introduction to the Law of Tenures is an excellent work, and the value of it cannot be better recommended than by the fact, that Sir William Blackstone has interwoven the substance of that treatise into the second volume of his Commentaries.' 1 Kent Com. 512.

6

This work contains a learned and perspicuous display of those parts of the law of fends which are chiefly necessary for the elucidation of the learning relative to the origin of estates and their legal properties.' Barton's Elements - Study of

Conveyancing, vol. 1. p. 26.

6

Year Books. The Year Book that is called Hen. 7th is accounted the most explicit in expression and matter, and very many of the chief law matters now evidently known, were considered, debated and resolved there; and it gives an idea of the manner of practice and expression of the law in that time, and enables a student to read the other books of the Annals.' Roger North's Study of the Law, p. 21.

'I do not know that his lordship had read over in course all the Year Books, but I verily believe he had despatched the greatest part, and that he began with the book termed Henry 7, which hath some years in the antecedent reigns. That book, be used to say, was the most useful, or rather necessary, for a student to take early in his hands and go through with, because he had observed much of the common law that had fluctuated before it received a settlement in that time and from thence, as from a copious fountain, it hath been derived through other authors to us, and now is in the state of common erudition, or maxims of the law. He thought a lawyer could not be well grounded without a knowledge of these ancient Reports.' North's Life of Lord Guilford, vol. 1. p. 27.

Sergeant Maynard had such a relish of them, that he carried one in his coach to divert his time in travel, and said he chose it before any comedy.' Ibid.

'Lord Mansfield said that when he was young, few persons would confess that they had not read a considerable part at least of the Year Books, but that at the time he was speaking, few would pretend to more than an occasional recourse to them in very particular cases.' Butler's Reminiscences, p. 134.

'So great have been the changes since the feudal ages, in the character of property, the business of civil life and the prac tice of the courts, that the great mass of curious learning and technical questions contained in the Year Books has sunk into oblivion; and it will be no cause of regret if that learning be destined never to be reclaimed. The Year Books have now become nearly obsolete, and they are valuable only to the antiquary and historian, as a faithful portrait of ancient customs and manners. In 1 Barnewall & Cresswell, 410, the Court of King's Bench decided a case chiefly upon the authority of a citation from the Year Book of 42 Edw. III.; but such a reference is rare.' 1 Kent Com. 481.

It is a great way to go back for a precedent to the 7th of Edw. III. Come to modern precedents-something within 300 years. Per Mansfield, C. J. and Heath, J. 2 Taunt. 201.

Yelverton's Reports. These have been lately recommended to the notice of the American lawyer, by a new edition published in this country, and enriched with copious, valuable and accurate notes by Mr. Metcalf.' 1 Kent Com. 485.

6

Zouch's Questions. That work was not designed as an authority for courts; but as a disputation for schools.' Per Curiam, 2 Phill. Rep. 273.

ART. II.-LAW OF SALVAGE.-DERELICT.-ADMIRALTY

PRACTICE.

[The following case embraces so many important questions on the law of salvage and derelict, so elaborately discussed and satisfactorily settled, presenting a concise treatise on those subjects, that we have requested Judge Story to lend us his manuscript, thinking we could not fill an equal space in the present number with any thing so useful to a great portion of the profession. ED. JUR.]

The Ship Henry Ewbank, Charleston Fire and Marine Insurance Company, &c. claimants. Oct. T. 1833. Boston.

CASE OF SALVAGE.

Underwriters cannot make any claim for salvage property in the admniralty, unless there has been an abandonment of the property to them and. it has been accepted by them.

In salvage cases the proper course is to make all the co-salvors parties to the original libel. And if any are omitted, they need not file a new libel, where the property has been already taken possession of and is in the custody of the court under process; but they may bring forward their claims by a suitable allegation, and thus make themselves parties to the cause, without the formality of notice or process to the other parties. Where different libels are filed by co-salvors unnecessarily, it is at the peril of paying

costs.

In cases of derelict the habit of courts of admiralty is to allow one moiety as salvage. That proportion is not departed from unless under extraordinary circumstances.

If salvors, in effecting a salvage service, fall themselves into distress, and are relieved by other salvors, they do not lose their original right to salvage, but the second salvors only partake in the salvage according to their merit. Second salvors cannot lawfully make it a condition of giving assistance, that the original salvors shall abandon all claims to salvage.

An appeal by any parties interested in the distribution of salvage, as to their shares, brings up incidentally a review of the whole decree, so far as

the distribution is concerned.

Stoppage on the high seas to save the lives of a distressed crew in another ship, is not a deviation from the voyage, which discharges a policy of insurance. But a stoppage merely to save property is a deviation.

In the distribution of salvage, the owner of the salvor ship ought under ordinary circumstances to be allowed one third of the salvage. In cases of extraordinary merit, or extraordinary peril to the ship, he may found a claim to higher salvage.

Rule of apportionment between the master, officers and crew; and be

tween co-salvors.

Salvors are ex necessitate admitted as witnesses to all facts, which are deemed peculiarly or exclusively within their knowledge. To other facts hey are incompetent witnesses.

What constitutes a case of derelict.

Apportionment of costs among co-salvors and claimants.