any person found prowling about the house, is held, in Com. ex rel. Wadsworth v. Shortall (Pa.), 65 L. R. A. 193, to be guilty of no crime if he shoots a person who approaches the building and refuses to obey his command to halt. A note to this case considers the question of martial law when there is no actual war. Master and Servant.-An innkeeper is held, in Rahmel v. Lehndorff (Cal.), 65 L. R. A. 88, not to be liable, in the absence of negligence on his part, for injuries to a guest caused by an assault committed by a servant employed in the inn. A hostler in charge of an engine running through a yard is held, in Louisville & N. R. Co. v. Lowe (Ky.), 65 L. R. A. 122, not to be a fellow servant of a car inspector at work therein, so as to relieve the company from liability for injuries inflicted by him upon the inspector by the negligent running of the engine. Municipal Corporations.--A municipal corporation is held, in Johnson v. White (R. I.), 65 L. R. A. 250, to be liable for injuries to property upon which it casts surface water in a body across intervening land by means of a drain or culvert in a highway, although no more water is collected. than would have naturally flowed upon the property in a diffused condition. An extensive note to this case reviews all the other authorities on rights and duties of municipal corporations with respect to surface water. Railway.-A railway company which permits the public to use its right of way to travel on foot at a particular place con continuously and frequently as to result in a well-beaten and clearly defined path, plain and open, is held, in Matthews v. Seaboard Air Line Railway (S. C.), 65 L. R. A. 286, to be bound to use ordinary care not to maintain pitfalls or unsafe conditions which may result in injury to one attempting to use the path relying on the safety suggested by the implied invitation arising from the visible conditions. BOOK REVIEWS. The Law of Banking.-By Heber Hart, LL.D. (Lond.), Barrister-at-Law. London: Stevens and Sons, Limited: 1904. This is a book of over one thousand pages dealing with the English law of banking in all its branches. The English system of banking is so different from the Canadian system that no English text book upon the subject can be entirely satisfactory from the standpoint of the Canadian practitioner, but there is sufficient similarity between the two systems to render this book an exceedingly useful addition to the equipment of a Canadian law office. That the work is up to date is indicated by the fact that Imperial Bank of Canada v. Bank of Hamilton, decided by the Judicial Committee of the Privy Council last year, is cited in seven different pages. About two thousand cases are cited in all. The usefulness of the book will appear by a reference to some of the subject matters which are there dealt with: thus we have a treatment of the officers and staff, including directors, manager, auditor, cashier, and clerks, with their respective powers, duties, and liabilities; branches, agents, and correspondents; crimes relating to banking; the customers' account, including payments in, position as to trust moneys, appropriation of payments, interest (simple and compound), pass book and entries therein; customers' cheques (covering one hundred pages); customers' drafts and acceptances (covering seventy-three pages); collections by bankers, shewing the scope of the bankers' responsibility (covering seventy-eight pages); bankers' documents of credit, including bank notes, bankers' drafts, deposit receipts, letters of credit, and circular notes (covering fifty-eight pages); incidental services by banker, including custody of the customers' property, custody of trust property, and other services generally; advances by banker, including loans, discounting, representations as to credit, guarantees, banker's lien, mortgages and pledges (covering two hundred and sixty pages). Other subjects are dealt with in the book, but the ones above mentioned are the ones which will be the most interesting to the Canadian practitioner. The work appears to be one which can be well recommended as a useful working tool. A. H. M. Edwards's Law of Property in Land and Conveyancing.A Compendium of the Law of Property in Land and of Conveyancing relating to such Property (4th edition), by William Douglas Edwards, LL.B., Barrister-at-law. London: Stevens and Haynes: 1904. We This is a standard work for students and also a book of reference with an established reputation. The 4th edition is larger and of wider scope than the previous ones. think it will be very useful to Canadian lawyers as a concise book of reference. PERIODICALS AND PAMPHLETS. Judge-made Law, by A. H. F. Lefroy, M.A. (Oxon.), Professor of Roman Law and General Jurisprudence in the University of Toronto. (Reprinted from the Law Quarterly Review, October. 1904.) London: Stevens and Sons, Limited: 1904. This is a portion of a forthcoming "Practical Study of the English Case-law System." The object is, first, to define the expression "making" law, and then to single out for consideration certain special lines or directions in which the Judges have made and are from day to day making new law. Mr. Lefroy's definition is this: "Where a rule directly or indirectly affecting human action, or the rights and liabilities attaching to human relations, either in respect to person or property, and not being a mere necessary deduction or corollary from some existing rule, is laid down for the first time authoritatively, which rule will be thereafter applied and acted upon by courts of justice, until altered or abolished by competent authority, there, it is submitted, according to all ordinary and proper understanding of words, new law is made." If we are to regard it as a question open for discussion whether Judges really do make law, of course we must know what is meant by "make law." The definition now given is not too broad, and we think may be accepted. Proceeding upon this definition, the proposition that what is defined is constantly done is well established by concrete instances, for which we must refer the reader to the thesis itself, a 16-page pamphlet. The Punjab Law Reporter for September, 1904. The reports are of cases determined by the Chief Court of the Punjab. [Ed., following a title, indicates that the article or item will be found in the EDITORIAL Appointments to the Bench- Anglin, Mr. Justice, Ed., 114. Appointments to the County Court Bench Appointments to the High Court Bench, Appointments, Judicial, Ed., 80. Arbitration, Windsor Schools, Ed., 157. Aylesworth, Mr. A. B.-Entrance into B. Bar Anecdotes, Selected, Ed., 55, 84, 116, Bar Association, The Toronto, Ed., 114. Beck, Adolf, Case of, Ed., 300, 418. Book Notices and Reviews. American Bar Association, 249. Bell on Rating, 32. Bray's Digest of Discovery, 123. Edwards's Law of Property in Land Foote's Private International Juris- General Digest, American and Eng- Hamilton's Osgoode Hall Reminis- Handbook of Legal Correspondents, Harris's Illustrations in Advocacy, Harris's Principles of the Criminal Hart's Law of Banking, 424. Nicolas on Formation of Companies, Porter's Law of Insurance, 249. Topham's Company Law, 392. Wellman's Act of Cross-Examina- Bray, Mr. Justice, Appointment of, Ed., British Columbia, Supreme Court of, Ed., Bruce, Mr. Justice, Resignation of, Ed., Byrne, The Late Mr. Justice, Ed., 158. |