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!fOD.ERN LAWBOOICS,IXCLGDL,G

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BY

'BANKS, GOULD & CO.La'" Bookscllc:J:'s

~nd' Publishers,

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GOULD, BANKS &. CO.4'15 BRO.lilW.H,.A.LB~'Y,

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NEW YORK:No.

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GENERAL CATALOGUE ADVERTISEMENT.OF

THE large increase of our stock compels us to issue a new edition of our Catalogue, and we avail ourselves of the occasion to state generally our facilities for supplying the demands of the trade and members of the bar. We believe we can state with entire accuracy that we have on hand the largest and most complete assOl:tment of Law Books ever offered for sale' in the United States. In the Statutory Law and Reports of the various States of the Union, our collection is complete. We are proprietors of the Reports of the State of New York, which are required to complete every Law Library, and we invite attention especially to that department of our Catalogue. The English Statutes aud Reports are received regularly as they are published. We are now re-publishing the English Chancery Reports without abridgment or alteration in a style superior to the original, and at a very moderate cost. Our collection of Text Books and Digests, both American and English, will be found perfect. The increasing disposition to study the Civil Law has induced us to turn our attention also in that direction, and we are prepared to execute any order for Foreign or Continental Law Books with great promptness. An experience of forty years in the publication and sale of Law Books, has enabled us to become well acquainted with the wants of the younger members of the bar, who cannot afford more than a small collection ofpractical works. And we will be happy to make such suggestions as may be desired on the subject.

MODERN LAW BOOKS,INCLUDING

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ADVERTISEMENT.

PRINTING.-Reporters and other gentlemen who may wish to have their works either printed or published, will find it to their advantage to give us the preference, all we have confined ourselves almost exclusively to printing Law for the last thirtyfive years. In point of price, neatness, accuracy and dispatch, satisfaction will be given, as our long practical experience gives us a decided advantage over others, NOTE. The priges named in this Catalogue are bO'eneI'allY nomIna1 . . retail rates, from which discounts will be made to wholesale and cash purchasers, dependent on the amount and particular books ta ken.

CONTENTS.

Banks, Gould & Co.'s Publications, Chronological List of Reporters, List of Reports in the different Courts of Law and Equity, commencing with the Reign of Geo. III. to the present time, Explanation of .Abbreviations used in reference to Law Books, &c., and an Alphabetical List of Reports, State Reports, Laws and Digests, (American,) Catalogue of Law Books, Index,

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CATALOGUEOF

STAN DAR D lAW BOO KS,PUllLISHED AND FOR SALE BY

BANKS, GOULD _&JULAXD BY

GOULD, BANKS & GOULD.ADAMS ON EJECTMENT. A Treatise on the Principles and Practice of the Action of Ejectment, and the Resulting Action for Mesne Profits, by John Adams, Sergeant at Law. From the Third London Edition, with Notes of the Decisions made by the Supreme and Circuit Courts of the United States, and by the Courts of the several States, whose DecisioDs have been reported; and Note,s of Decisions upon those subjects made in the English Courts, except those cited in the text; together ,,-ith the statutory provisioDs in relation to those actions, contained in the Revised Statutes of New York; and Precedents of Entries, Pleadings and Process adapted thereto, by John L. Tillinghast, Counsellor at Law. To which are added Annotations and References to the most recent American Decisions, by Thomas W. Clerke, Counsellor at Law. Carefully collated, and made to correspond with the latest London edition, corrected by the author: together with additional Notes and Decisions in the Courts of the several States, to the present time, by ""Villiam Hogan, Counsellor at Law. 1846. $5.00.A

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BANKS, GOULD AN]) CO.'S

ALLEN ON. SHERIFFS. The Duties and Liabilities of Sheriffs, in their various relations to the Jlublic and to individuals, as governed by the principles of common law, and regulated by the Statutes of New-York. Revised, corrected and enlarged, by Otis Allen, Counsellor at Law. }845. $3.00.CONTENTS.

Introduction. Chapter 1.--The Sheriff. 2.-- Under Sheriff and Deputy. 3.-Arrest. 4.-Bail of the Sheriff. 6.-~"ieri Facia. 6 --Capias ad Satisfaciendum. 7.-Escape8. 8.-- Writ of P8SeSsion. 9.- Writ of Haheas Corpus. 10.-Writ of Replevin. 11.Writ of Inquiry. 12.-Attachments. 13.-Fecs of Sheriff. 14.Coroners. 16.-Forms. AppendiX.

'AMEBTCAN CHANCERY DIGEST. .Reing an Analytical Digested Index of.an the Reported.Decisions. in Equity of the United States Courts, and of the Courts of the several States to the' present time,'with Notes and a copious Index; also an Introductory Essay, comprising an historical sketch of the Court of Chancery; an account of the nature, powers and functions of the Court, and the organization and equity jurisdiction of the courts of the United States, and of each of the States of the Union, by Thomas W. Waterman, of the New-York Bar. S vols. 1851. $15.00.. Fro"!'- the United States"~at1J M..~azine. The mechanical execution of this great work, reflcts credit on _ the hduse by which it is published. It is printed ...ith new type on fine white paper j aDd the press-work Fpeaks well fQr Messrs~ Bell & Gould. printers. Indeed, in appearance. the volumes both within and withl,)ut, are superior to any law pUblication which has lately appeared. When we inform our readers that this work is all it purports to be: we have said enough to ~uggegt tlie. fact that it must be an indispensable adjunct to the libra.ry of every praeti~ing lawyer in the Union. Of the "accuracy of the Digest. the ability , and profe.sional standing of ldr. Waterman are a sUIDcieut guaranty. In his prefatory remarks, Mr Wdprm:tn say~ : "The great accumulation of rpports, creating a nccf,Ssity'!..or some more brief and methodical arraDge~ent of decisions which .sha.ll be easy of reference, and at the sarnR. tiple convey the neces. sary information: bas led to tbe compiling of digests, designed. as they are: to facilitate investigation by a. clear. simple, and at the same time Eci~Dtific arrangement of each liuhjt:!ct. The value of this Djge~t is enhanced by the fact of its being & :lational wOJ"t-confi,ucd to no One State or sectioD: but comprt>bend, ing ellch and eTOry State, lind the entire country llJl a whole. CO!!-

PUBLICATIONS.

iii:

talning all the reported decisions in equity of the United State. Courts, and of the courts of the several States of the Union, from the caTtiest period to thp. present time. it embodies almost every known principle of American law, and hence becomes a complete encyclopoodia of American legal science. . It was originally placed in the hands of the late John A. Dunlap, Efq., well known to the profession for his learning and accuracy as a. law writer. He had, however, scarcely entered upon the task, when he was prostratad by thE:! disease which, after a languishing sickness of eighteen months l terminated fa.tally. Shortly before his decease, [ was called in to prosecute the work so long unavoid1bly neglected. Though his sand, of life were nearly spent, and the ohjects of sense fast fading from his sight, the vigor of a highly disciplined mind continued unimpaired to the last; and I have to acknowledge from him much valuable counsel, and ma~y important hints and suggestions, which cheered, directed and aid.ed my sub sequent labors. Though ostensibly tbe third edition of the American Chancery Digest, this is SUbstantially a new work,-not only the plan and ar ran~ement being new, but a larg~ proporti~n of the ma.terials also. In the arrangement, I ha.ve avoided. &8 much as possible, the multiplication of divisions, and sub-divisions. which only tend to confuse and embarrass, and haTe aimed q,t an order and classification nt once simple and natural. J have examined, with few exceptions, all the reports of -the different States. To enS".lre entire correctness, J have not ventured always to rely upon the reporter's notE's 8.t the hea.d of the case, but ha.ve, in every instance, carefully read the decision. and then taken tho:! spirit of it, with proper regard to brevitY,and clearnel:5s of statement, as well as to accuracy. /With almost every decision, I have also given the a.uthorities tlfat sup port it, so that the references to standard works are numeTOUS and valuable Explanatory notes are another feature of tho lVork. At the end of each volume is a very copious index, which it ~s hoped will prove a. valua.ble a.cquisition. "" It has been prepar.ed wIth care, and with a view to utility. The intrQduction r.~prlscs, first;an historical skf'tcb of the Court of Cll,ancery j secqndly, the :r:tat~re, powp.r~, and functions of the Court; ag.d t4irdly! the organlzatlOD and jurisdiction of the equity courts of ille UnIted ~t&teB and .of each of the several States of the Union?As these ,suhJeots are dIStinct, it seemed proper to as3Jgn tJy>nl to as many different chapters." . L"'f \Ve subjoin a list of the Ame~ican Reports from whichthe Di~t.t ba.s been compiled: From !:JUs catalogue, the Lawyer WIll perCeIve that the three volumes uuder cons:deratioD, contain more practical law than any other cOrPpllatiun he could purchase. ALAD.\l'tIA.-Alab~Reports, by Minor, 1 vol. j stewart's Reports; 3 'vols . Stewart and Porters' Repo!ts, 5 vols. j Porters' Report~, 9 vol~./; Alabama Reports, (new sf'riesJ 17 vola. ARKAN"BAS.-Arkansas Reports, :> volB. ; Englishs Arkansas Reports, 4 vols. CONN~ICUT.-Kirby's Reports, 1 vol~ j Root's Reports, 2 vols. i 'DaY'~eports: 5 vats. ; CODnecti~ut Reports, 19 vola. lJ.Jrt.AwARE.-Harrington's Reports, 4 vols. "6.EORGfA.-T. U. P. Chariton's Reports, 1 vol. j R. M. Charlton'e :Report., 1 vol. ; DUdley's Reports, 1 vol i Kelley's Reports, 3 yols. i Georgia ReportB, 3 yols.

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ILLINOI3.-BreeS8's Reports, 1 vol. ; Scammon's Reports, 4 vols. ; Gilman's Reports, {) vols. . I~DU.NA.-Bla.ckford'8 Reports,8 vola.; Smith's Reports) 1 Yol. IOWA.-G. Greene's Reports, 1 vol Kt:NTUCRY.-Hughcs' Reporta, 1 vol; Kentucky DeciaioDs, 1 T01.; Hardin's Reports) 1 vel. j Bibb's-Rt'port8~ 4 vols ; A. K ..Marshall's Reports. 3 vols. j Littell's Repolts, 5 vols.; Littell's Select Cascs, 1 voL: MonrlJe's Reports, 7 vels. j J. J. Ml'Iorshall's Reports, 7 Yols. ; Dana's Reports~ 9 vols. i Ben. Monroe's Law and Equity Reports, S vola.' . LOUISfANA.-~"fa.rtin'g Reports, 12 vola. ; ~"'arlin's Report.s, (new Ecries;) 8 vols. ; Louisiana. Report~, 19 vols. j Robinson's Reports, 12 vols ; Louisiana Annual Reports, 3 vola. l\!JA.INJi:.--Greenlea.f's Reports, 9 vals.; Fairfield's Rtports, 3vals.; Maine Report~, 16 vola. MARvLAND.-Bland'~ Chancery Reports, 3 vols. j Harris & McHenry's Reports, 4 vols. j Harris & Johosan'A Reports. 7 vols. i Harris &. Gill's Reports) 2- vols. ; Gill & Johnson '8 Reports) 12 vols. ; Gill's Reports, 5 volE'. MASSACHUSETTs.-MasElachusetts Reports, 17 vol~. i Pickering'. Reports) 24 vola. ; MetcaU's Reports, 12 volB. ; Cushing's RepOrLB) 1 vol. ~1ICHIGAN'.--Harrington'B Chancery Reports, 1 vol:; Walker's Chancery Reports, 1 vol MJssouRJ.--Missouri Reports, 9 vola. MISSISSIPPI -Freeman's Chancery Report~, l' vol. j Smedcs & . . Marshall'sChan,-ery Reports, I vol.; Wa.lker's Reports. 1 vol.; How'~,rd's Reports, 7 vols ; Smedes and.Marshall's Revorts) 13 vola. NEW HilIPSHTRF.. -New HampshIre Repo... ts, 13 vols. E'\~ JERSF.Y.-GreelJe's Chancery Rf'purts J 3 vols.; Sa.xton's Chancer.;y Reports, 1 vol. ; HAlsted's Chancery Reports,l voL"; Cox'sReports, 1 vol. j FenningtQn'e Reports, 2 vols. ; Southard's Report~ vow. ; Halsted~s Law Rp-ports, 7 vols j Green's Law Reports, 3~V?\tt. i. H~rrison's Reports, 4 vols. ; Spencer's Reports, 1 vol. ; ZaDiif!olWa's Reports. 1 vol NEW Yon-K.-:::::':~hllson)8 f'bancery Reports~ 7 vola, j HOPkin.s' Cha.ncery Reports>-..l vol.; PlliO'e's Chancery Reports, 11 vols . Ba.rbour's Chancery "Re.ports. 3 v~ls. i Edwa.rd~' Chancery Reports', 3 vols ; Hoffman's Chan~ry Rt'ports, 1 vol. i C}.lIke's Chance!'y Reports. 1 voL; Sa.ndford's Cha.ncery R~ports, 4 vols. j Coleman's Cases, 1 vol. j Coleman &,Caines' Cases,l Vl'l. j Caines' Reports 3 vols. ; Caines' Cases in Jrrar~ ~ols. ; Antho'n's N. P. Reports,' 1 vol. ; Yatps) Select Cases. 1 vo),,;_Johnson's Ca!=es, 3 vols,; JohnBon'S Reports, 20 vols. ; Cowen's -~port8. 9 vols. ; Wtnddl's Roports, 26 vols. ; Hill's Reptrts, 7 vola. ~nio'S Reports, 5 vola. ; 'llaTboul"s SQpreme Court ReportR. [) VOIl!.. I Comf':t6ck's Reports 3 TOIS. j Hall's Superior Court Reports, 2 vols. i Sandford:s S. C. portA, 1 vol. .... NORTH CAROLINA.-Dever12aux's Equity Re~8 2 vols. j Devereaux & Battle's Equity Rpports. 2 vols. ; Iredell ~qUity Rpporta, 5 vols. ; Martin's Reports. 1 vol ; Haywood's RepOl:ts) 2 vols, . Ta.ylor's RE'!ports, 1 voL j Ca.meron & Norwood's Conf~rence Re~ ports, 1 vol. ; NOlth CarGlina. Term Ueports, 1 vol.-j Carolina l.aw Repository, 2 voh. i Murphey'f: Reports. 3 vols. j Hawks' Reports, 4 vola. ; Devereaux's Law. Reports: 4 vol~.; Devereaux & Battle's Law 1l.eports, 4 vOIB.; Iredell's Law Reports, 10 volB.

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PUBLICATIONS.

xi

PF.NNSYLVA~U. REPORTs.--Browne's Reports, 2 valB. ; :Miles' Re~ ports. 2 volg. : Ashmead',.l Reports. 2 vols. ; Dalla.s' Reportfil, 4 vola.; Addison's Reports, 1 vol.; Yeates' Reports, 4 vols. ; Binney's Reports,6 vols. ; Sergeant & Ra.wle's Reports, 17 vola. j R~wle's Reports. 5 vols. j Penrose & Watts' Reports) 3 vols. j Wharton's Reports; 6 vola. ; _ Watts' Reports. 10 vols. j Watt8 & Sergeant's Reports,..9 vola. i Barr's Reports, 10 vols._ SOUTH CAnOLIl\-A.-De5~.ussure8' Equitv Reports: 4 vols. Harper's Equity R"porrs, 1 vol j McCord's Chancery R{>ports, 2 vols. j Ba!luy'a Equity Reports. 1 vol. j Hill's Chancery Reports, 2 vols. j RIlports, 3 vola. j South Carolina Reports , 2 vole. ; -~ott,.& McCord's Reports,-2 vals. j GonstltuffonaTRep-o-ns;-4-vols. ; Ha.rper's Ln.w Reports, 1 vol. i McCord's Law Rpports) 4 vols. j BaiI~Y'8 Law Reports, 2 vilIs ; Hill's Law Reports, 3 vols_ ; Riley's.Law R . , d E uity Reports, 1 voL j Rice's ~a.w Report.s, 1 vol. j McMullan's aw rts, 2 vola.,; Spear's Law Reports. 2 vols j Richardson's Law Reports,' 3....:v_ol~_ hart's Law Reports, 3 vols. TgNNIo.:SsEE.-Tennessee Reports, by Overton. 2 vola. i Cooke's Reports, 1 vol. j Haywood's Reports, 3 vals. j Peck's Reports, 1 vol. j :l\1artin & Yerger's Report.s, 10 vols. ; Yerger's R~ports, 10 vola. j Meig's Reports, 1 vol. ; Humphrey's Reports, 9 vols. UNITJo:O STATES CouRTs.-Dallas' Reports, 4 vols. j Cr:l,ncb's Reports, 9 vols. j Wheaton's Report.s, 12 vols. ; Peters' Reports, 17 vola. j Howard's Reports. 8 vols.; GaUison~s Reports,2 vols ; :MaBon's R~port3, 5 vols j Sumner's Reports. 3 vols. j Story's Reports, 3 vols. j Woodbury & Minot's Reports, 2 vols. ; Paine's Reports, 1 vol j W3shington's C. C. Reports,.4 vols. j Peters' Reports, (Circuit C,Jurt,) 1 vol. ; Baldwin's Reports, 1 vol. i Gilpin's Reports, 1 vol. j Vlallace'f! Reports, 1 v.pl.: Wallace, Jr., Reports, l vol. i Mc-

OHIo.--Ohio Reports, 18 vols.

Lean's Reports, 3 vola; Btockenbrough, (Chief J. Marshall's Decision.) 2 vols. . V"';R1'lIONT.-N. Chipma.n's Reports, 1 vol. j TyJer'B Reports, 2 vols. j Bra.yton's Reports, 1 'Vol. ; D. Chipman's Reports, 2 vola. ; Aiken's Reports. 2 vols.; Vermont Reports, 21 vols. VJRGINIA.--Jefl'erson's Reports, 1 VJl. j Virginia Caliles, 2 vola. j Wythe's ReportR~ 1 vol. ; Washington's Reports, 2 'Vola. j Call's Reports, 6 VGls ; Henning & Munford's Reports, 4 vols. ; :Munford's Reports, 6 vols. i Gilmer's Reports. 1 'Vol. j Randolph's Reports, 6 vols. ; Leigh's Reports, 12 vois. j Robinson.'s Reports, 2 vola. ; Grattan's Reports, 6 vulll.PromLEWIS

H. S.... NDFORD) Judge of the Superior COU1t of the City of New Yt/1'k, and late Vice. Chancellor.

New York, Feb. 1st, 1851. Messrs. BANKS, GOULD & Co. : Gentlemen,- I am much obligedto you for calling my attention to your recent edition of the American Chancery Digest, prepared by Mr. Waterman~ -

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It is an admirable work. and cannot fail to give entire satisfaction to the profession. . Besides being a complete digest of aU the American decisions in equity, well arranged, and a. reference to every head very much facilitated by the ample and copious index at the end of e.ach vo lume i it is enriched with references to English Chancf'ry decisions on the same points. and with a valuable history of the COUl"t of Chancery and account of the equity cuurts and jurisdictiGD of the several states a.nd the United Statf's. This history and de.!'crip~ tic.n ~one must have cost the energetic au-thor a great deal of . la.bor i and the whole work is a monument of welldirect.ed.-.and.-_persevering industry. ---Yours, sincerely, LLlUB~.R.n..

From the

HOD

R !ODBEN

H

VV ..LYl.~z.a.te-eltunceUor-o-.r-Ule :State of-~.l:k.

Saratoga Springs, March 11th, 1851. 1.fessrs. BANKS, GOULD & Co. : . Gentlemen -I have e7>a.lllioeQ tone tbree vOlumes or the Amerl~ _ ca.n Ch.a.ncer...Y-.DjgeEOt newly arran,:z;ed and brought down to the pre~ Rent t.Ime. by Thomas W. Watt>rman, Esq., and find it a. work of great value; very faithfully executed; which the members of the profession will not think it wise to dispense with the posSession of when they once become acquainted with its mf'.rit~. _ Your8, with respect, R. H. WA.LWORTH.

Fn~m

the Poughkeepsie 'Telegraph.

The title-page of this wor.k is sufficient to show that it would make a very desirable addition to every lawyer's library. It com~ pri&ies, in the smallest practical compass~ the fruits of long years of tedious l~bor. The compH\ r bas reaped a rare and extensive field, and has gathered up for us wisdom that could heretofore be obtain~ cd only after difficult and costly research. A copy of the book hali been in our possession but a few weeks. but we ha.v' a.lready re~ ceived valua.ble aid from it, which could not have been -furni8hed us from any other source within our reach. It has been aptly Etyled a compll'te Encyclopredia. of American Legal Science. There is scarcely a principle of American Jaw that i8 Dot embodied in the decisions of our equity courts; and the essence of all th"se adju. c.licationa-tbis work cODtaiD~. The compiler states that to insure entire correctness, he has Dot ventured always to rely upon the" re. porter:s notes at the head of the case, but ba.'l, :n every in!"tance~ carefUlly read the decisioD, and then taken the spirit of it. with proper regard to brevity and clearness of statement, as well as,to accuracy. A.s concerns the accuracy and faithfulness with which this work is eX"cuted, the professional reputation of Mr. Waterman wiJl prove.. to most of the professioD, a better guaranty than- aught that we might say. Having, however. examined it thoroughly in these res:pects, we will s~te that we have beeJ;l able to det~ct no errors ihat are not too trivial to be noticed here. '.

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--.URI Ie ATIONS

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The arrang.ement of the work is admirable. On the one band, too. minute and fanciful divisions and sUbdivisions. which tend only to confusion, and which injure so many of our books of rpference, have been avoided j while on the other hand, an easy and n~tural classifica.tion has been adopted, which may well be taken as a. mOdd by others engaged in preparing similar compilations . . TheSE" volumes are three in number. and are published in Banks, Gould &. CO.'s best style. Indeed (hree more neat and.-...SJlbs.tantial law volames have DO~ heen issued in a. long time. In a. notice of this:! work the introd'\lctioo is worthy of a remark. It is a concise, though lucid. eSSHy, on the necessity, the nature, and tho kl.tory of tho Court of Chancery; tog.ther with tM _more local rell:ulations by which it is governed in the several states. Throughout, it is full of inforJ;llation Otod intere&t-while reading it one cannot fail to mark the triumph of equitable principles over te~hnical rules. Truly wa.s it said by one of the brightest orna ments of our profession. that'~ the docttint's of the Court of Equity are the most unstained prodactions of the morality and intellect of man, directed to the regulation of bis civil duties, that the world ha.s yet known. No code of jurisprUdence, flom the crude instiiu. tions of barbaric ignorance, to the scientific compilations of modern knowledge, exhibits & system of such pure morality, so consistent with the dictates of a sound unbiased rt:ason (-so founded upon the everlasting principles of truth; so righteous, and so wise."

The L~~ of.Nis.i Prius, being Reports of Cases determined at NlSi Pnus m the Supreme Court of the State of New York. With Notes and Commentaries on each case. To which is prefixed an Introductory Essay on the Studies preparatory to the active duties of the Bar, by John Anthon, Esq., Counsellor at Law. Judges names :-Mr. Chief Justice Kent; Mr. Justice Van Ness; Mr. Justice Thompson; Mr. Justice Spencer j Mr. Justice Yates. 1 vol. $2.00. ARCHBOLD'S CLVIL PLEADING. A Digest of the Law relative to Pleading and Evidence in Civil Actions, by John Frederick Archbold, Barrister at Law. Sec()lld American, from the last London Edition. 1838. $4.00..-.ARCHROLITILI!LE ADlNG AN 0 E\TIDENCE.

Archbold's Summary of the -r;aw relating to Pleading and Evidence in Criminal Cases: with Statutes, Precedents of Indictments, &c., and the evidence. necessary to support them, by-John Jervis, Esq., Q.. C. of the Middle Temple,

]

BANKS,. GOULD- AND .CO.'S

---=Barl'ietex at Law, wILlI a "l'aren"tllfJ"re"Ced-en"Ce.----pjfth American, from the Tenth London Edition; much enlarged and improved, by W. N. We)sby, Esq., of the Middle Temple, Barrister at Law, Recorder of Chester. 1846. . $5.00. BARBOUR'S CHANCERY PRACTICE.A Treatise on the Practice of the Court of Chancery, with an Appendix of Precedents, by Oliver L. Barbour, Counsellor at Law. 2 vols. 1843. $12.00:Mr. Barbour has in hi~ recent Treatise on the "Praetice of the of Chancery of the state of New-York, given a full, clear, concise view of the practice of this court In order to make it .-- the more worthy and accepta.ble to the American Bar, he has thoroughly examined the 'several English works of Cba.ncery Practice, and gleaned from them such matter' as he considered in any way . relevant, material, and beneficial to the Amel'ican practitioner; and more particularly -to the late English Chancery Practice.. by Daniel, which he has used freely, and incorporated such part or portion of it as he deemed essential or necessary, making it applicable-ta--the Constitution T OWil 0 Q :R lllee af the lfnited states Courts, and the Courts ~f the tate of New York j in one word, .lJ.me1"icaniztd it, so that the practitioner in either of these courts will :find in Barbour's Chancery Practioe an in.,.aluable Treatise, the most complete of any other book of practice extant. To which he has added the American and English Cases decided since the publication of ,: Daniel's Chancery Practice." And also an Appen. dix, containing precedents of eyery kind required in a suit from the commencement to its terminatioll, approved of by Chancellor Walworth and the_ New York Bar, and considered 'by those ac quainted with the merits of the work as a substitute for all others.~ and~ourt

.Ero-m L.E.w.18-H..

SA..1iDFORD_, ,1udge of lht Superior Co,ur-l-.oJ lk .city of New York: and late Yice.Chancellol".

New York, February 2, 1846. Messrs. BANKS, GOULD & Co. : . "" Gentlemen,-Mr. Barbour kindly sent to me, some time ago, his Treatise on the Practice of tbe Court of Chancery, with an Appen. wx of valuable precedents. . I h&ve examiaed it with all the interest one naturally feels in a 8ubject-which hal' eoe",pied so man) j eall3 of his time aod attention, and I take' great pleasure ill saying that' Is the must clea.r;full, 8JlU lS.t_t.he-sam.e...t.iIn-e~-!'ea.tiBe-on ChaDcery Fraetice which wehave in this country. It embnces all that is excellent in the late Treatise of Mr. Dan. iel on the English Practice, as well as the valuable parts of the 01ll-er pu1)1icatiollB of Harrison, Maddock, NewllUld and Grant.

To the American solicitor it IS of course. indispeIfBli'6le, and it EU. persedes to a g.'eat elj.e.llUbe En)l;Hsh boob. For to say notbing of its contaIning all the pertinent Bnglish decisions since Daniel w&8-published, it contains the American Practioe. as. modified by our laws. Rnd established by our conrts and adjudications. And althougP. the Eqglislt. Chance~y has in its recent Orders) drawn largely from Chancellor Walworth's Rules of the New York Court of Chancery, yet its orders-anaits practice a'J'eJn many respects 80 di.fferent from our own, that a considera.ble portiGll---.9JJheir '6OOks of Pra.ctice is useless to us. Bp.sides, in Mr. Barbour's wQrk there are many heads of the most ordiuR.ry and frequent jurisdiction (If the New. York Chancery fully developed~ which are either entirely unknown, or of limited use and di.fferent in mode in the English Practice. Such Rore Judgment Creditor'" Suit~. Sale of Mortgage Premises, Sale, &0. Infant Lands. Proceedings respecting Lunatics, &c. Divorce, Partition 1 and the like. . In this Sl;ate, therefore, Bud in most of the states south and west of us, waere the law and practice ot Equity are in a grea t degree identical with ours. I have no doubt that Mr. Barbour's Practice will be the text-book of solicitor~. and the manual of business in# the Equity Courts, and I reeommend it most heartily to the profession. Respectfully yonrs, &c. LEWIS H. SA.NDFORD. F'ro11l. JudgeSTORY.

Cambridge, Nov. 25. 1~44 . .. .. .. .. The work of MI". Barbour on Chancery Practicp., appears to me entitled to high. approbatioD_ for its completeness. accuracy and clear method. I am persuaded that it must (as it ought have a. very extensive circulation among the pro. _ lession throughout the States of the Union. He seems to me to have nearly exhausted the materials, which are appropriate to American Practice, without having overlooked the importance of those furnished by the English Authorities anq Treatises.

tor

From the Law Rep01ter, Juno 1844. We are free to confess, that; on first seeing this gr.eat book, our prepossessions were against it. We shrunk, with something like want of beart, from. its ponderous size. It seemed a Bort of mare magm'm, into which we were loth io enter. But a. careful examination of its massive contents, has led us to the conclusion that it is _3 thorou~h collection. of the rules, principles, and cases, which illustrate the practice in chancery. embracing the results of the English writers and decisions on the snbject, in conjunction with the adjudications in the United States, particularly in New York, to wbich State tbe author belongs. We c')nsider that the author deserves the thank.a of all engaged in the practice of cl!ancery, for an-hnp-Qrta'8t companion R.nd gutde In tbeir labors. The >:ngliSli treatise. on the SUbject are notoriously unsatisfactory to the practitioners in our country. The treatise of Mr. Hoffman too ofl;en fails to enlighten the path which h!B Engli.l!h brethren have left in obscurity. The present work is

larger and more comprehensive than any of its predecessors, and, in the courts of our c . o _ e x , p r a c tical val ne. ____ The work is divided into six books, for the purpose of mat:king t.he several stages of a Buit 1 or indicating the nature of the proceedings treated of. These books are divided into chw.era-...w-hich are subdivided into sec;Wn"..;' . '~The FIRST :R.o.wr11escribes the method of instituting and defending--a-l!u1tin_the- ..court of chancery, and the mode of C()Dduc.ting- it,frofii its commencement to: and inclUding the decree. H The SECOND BOOK details the proceedings SUbsequent to the decree. The various chapters of this book describe the practice upon appeals, the method of executing decrees, and the proceedings under deerees and orders 1 embracing issues at law, feigned issues, aetions at law, and proceedings in the Master's omce. f' The THfRD BoeK is a sort of omnium gatherum, embracing various matters which could not well be introduced into either of the preceding books, without interrupting the r{'gular ~hain of proceedings. The several chu-pters ot thiR book describe the points of practice arising upon the vartous interlocutory applications: and other incidental proceedings which, from time to time, occur in the progress of- 8. cause; such as motions, petitions, affidavits, injuno-tions, ne exeats, receivers, abatement and revivor &0. "The FOURTH BOOK relates to the different kinds of bills; the object of which is, without encroaching too much upon the subject of pleading) to describe the peculiar practice incident to sueh species of Lili. "The FIIo"TH BOOK embraces proceedings in special cases, such as suits by judgment creditors, snits relating to mortgages, proceedings by and against infants, proceedings respecting idiots, lunatics and ha.bitual drunkards. bills for divorce, contempts, partition suits, proceedinllS to prove wills in the court of chancery, &c. ,. 'I'he SIXTH BoeR relates to costs, the most important branch of the whole SUbject, as it wiU: perhaps} be considp-red. " The first three books, are contaiaed in the ftrflt VOlume, and the l'emainder in the second. The text, or trea.tise, is followed by a collection of forms. These have been collected from various sources, and have been prepared with great care, and with a ~iew to conciseness. They are arranged in the same manner as the tres.. tise, by books and chapters corresponding with thos. in the body of the work."1

BARBOUR'S CHANCERY REPORTS. -Reports of Cases Argued and DetelJllined in the Court of Chancery of the State of New York, from 1845 to 1847, by Oliver L. Barbour, Counsellor at Law, successor of Paige, and in continuation of Johnson, Hopkins and Paige. 3 vols. $18.00.F"om the Pennsylvania Law Journal. This first volume of Mr. Barbour is & continuation of tbe Cban~ eery Cases so long known. as Paige's Reports. It contains the de. erees and opiniQUB of Chancellor Walworth, probably the ablest,

certainly the most experienced, CbariccU.Q!J1~tiebencb in this country. Many of the decisions are of general lnt.erest, and fuil justice appears to be done by the. reporter to each Important case. by Clca.r~15ta;tements of the fa.c.t.B,accompanied by the 3 r gU-----meuts-ofconDsel. a.t co~length. In the case of Chrietie ----- --v. Bishop~~tie8tion. to what extent, and in what c~se8 .----:: t.he--aU1fi]SSiODS ma.de in the R.DSWer of one defe~dant,may be used against his co defendant, is fully considered, &Dd the corre~tnes8 of the general inference drawn from fi'irl.-d v. HolJand .6 Cr~ncb,-"'--- 24. and Osborne v. The U. S_ Bank,.9 Wheat .. 884, demed, In an opinion, which, whether conclusive or not, is: -at all events. an admirable essay on the subject. Bradley v. Bosley, p. ]25, decides) tha.t" a. bill in equity for the purpose of obtaining a compensation in damages for a fraudulent mj8r~presentation. Qannot be sustained where thu defendant objects at the proper time, by demurrer or ~ n ~ e " ,that the eomplltinant hss a full and perf~et remedy .by_.V!'l actiaD at law against the defenqant ," a. questIOn about which much diffa-renee exists in the--decisions. ]n the 5Etme case several nter..est-i-ng-q-u.es.tions, relating to fraud-ul-eut'"conveyances, ~are als.o considered. In Brown, v. BrowD, et al. J p. 189. One of the best argued eases in the volufTle, the rights of legatees. and the duties and liabilities of forejgn executor~, together with the jurisdiction of Chance-ry Courts in Naw York, over such matters, are discussed at great length. Hoes v. Van Roesen, p. 379, decides some important points in nlatin to vested and contingent legacies. And in Bryan v. Knickerbocker. p. 409, a questioB raised, but left nnsettled, in Vaux v. Parke, 7 W. & S. 19, is decided to the effect, that " where a cestui que trust bas a. heneficial interest in a. fund for his Fupport and maintenance, under a valid trust, such interest will pass to his assignee in bankruptcy, or under the insolvent acts. or by his own voluntary assignment to a. third person. The precision and neatness whicb chara.cterize.these Reports i~ worthy the author of one of the best works on Chancery Practice which has been written in this country.

BARBOUR'S CRIMINAL TREATISE. The Magistrate's Criminal Law: a Practical Treatise on Ihe Jurisdiction, Duty, and Authority of the Justices of the Peace in Ihe State of New York in Criminal Courts. Containing also a Summary of the Law relative to Crimes and Punishments, wilh an Appendix of Forms of Proceedings, by Oliver L. Barbour, Counsellor at Law. Second Edition. In Press. 1851. $6.00.From JudgeWILLARD.

I have examined Mr. Barhour's TreR.tise, and bave a high opinion both of its plan and_execution. It embraces a subject of extensive importance, and will be found emiot-utIy needful to those who are entrusted with the administration of cr;miual law. As a compendium of tha.t branch l f OUf jurisprudence, it will be interesting &Jso to the general reader. A work of this kind has long been

needed in t'?-;s gta~e. ~ 0 lawyer or magistrate will deem his library complete without It: Mr. :Barbour has exhibited indust.ry and discrh:n;ination in the arrangement- of the sUbject, and the selection of hIS ca.ses to support the text. It thus becomes valuable as a digest aDd book of reference. Thtf,o-for-ms which are arranged in tho hppendix, are sUfficiently comprehensive, aud {\.'lO carefully prepared. They add much to the value of the book. eSp"eciaUy for justices and others, for whose use they were mainly intended 0-

JOHN WILLARD.

Saratoga Springs, January 15, 1E4L

PromW. & A

SAMUEL STEV;ENS,

Esq.18~

GOULD & CO. : Gentlcmen.-I pa.ve perus6d with attention, and I must a.dd with hi~h gratification, Mr. Ba.l"hour's work.-_on criminalla'W. ]t"is, I-'believe, the only original-worJt on that branch~of.-t-he-l-aw-wbiehlfas. been attempted in this state. So far as my humble opinions can add anything to tho deservedly high reputation of tbe aut.hor for industry and learning, it affords me much pleasure to recommend this book to the profession~ as a work every wa.y worthy of the im portant branch of the law of which it treats. The perspicuous exposition of the principles of criminal law j the cl~'ar definition vf the various kinds and grades {'If offences; together with a great variety of precedents for the necessary process and procet'ding-s in the variou.s ~tageB of criminal prosecutions, must render the work invaluable-indeed, almost indispensable to the magistrate who has 'not bad the advaniage of a professional educatifm. Respectfully and truly yours,SAMU EL STEVE:'{B.

Albany, January 21,

F,'om N.

HILL)

JR'iEsq.

Amsterdam, January 22, 1842. Messrs. W>l. & A. GOULD & Co. : Accept my thanks for the opportunity afforded m~ of perusing Mr. Ba.rbour's forth-coming work on ~rim.ina.llaw. I bave devoted considel"ll.hle attention to it, and am gratified to witness the success with which be has exp1.ored this hitherto somewhat DE"gleeted but eminently ir:.teresting and important department of lfgal 8ciene~. No othe Amf'rican treatiFe, upon a similar plan. h2.s, to llly knowledgE', beep given to the pUblic j although the absence of one has long been the subject of regret: and the occasion of serious embarrassment. Mr. Barbour can hardly be too highly commend. ed for having completely obviated. as I thiDk he has, the deficiency mentioned The volume in question cannot fiil to prove a most valuable acquis.ition to law libraries; indispensable, indeed, to every profesEional man, and magistrate, whose duties caU them to participate in the administration of criminal justice. Yours) &0. N. HILL) Ja.

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BARBOUR'S LAW OF SET-OFF. A Treatise on the Law of Set-off, with an Appendix of Precedents, by Oliver L. Barbour, Counsellor at Law. 1841. $2.00. BARBOUR'S SUPREME COURT REPOR't'S. Reports of Cases in Law and in Equity in the Supreme Court of the State of New York, under the New Constitution, 1846, by Oliver L. Barbour, Counsellor at Law. 7 vols. $35.00.P1tEFA.CE.

The members-of tbe legal profession are bere presented wit.h.a. VO~ ]ume of decisions, at law and in equity. of the Supreme Court o!New York, organized under the provisions of the new cOI:stitution of 1847. For_the information of persoDs residing out of the state, tbe following brief analysis of our prf"sent judicial system ~8 given. By section 8, of the 14th H.rticle of the new constitution, 'the of~ fices of chancellor: judges of the then county courts, and masters a:nd examiners in chancery: except 8,S therein otberwife provided, were aboli.bed from and after tbe first Mond.y of July. J8.7. Section 6, of the same article) gave to the ehancellor and the f:upreme cQurtJ reFpecti'vely, power to hear and determine such suits and pt;:oceedings pending in the court of chancery and supreme court 88 .hould be ready, on tbe first Monday of July, 1847, for hearing or decbjo.D j ft.nd provided for compensat.ing the chancellor andjudgea until tbe first day of July, H48, or until all such suits and proceedings should be sooner heard and determined. The old courts beil'g thus swept out of existf!nce, section 3 of th.e 6th article of the r.oustitntioD e~ta1llj8bed, in their stead, ~( a supreme court having general jurisdiction in law and equity." Section 4 provided for the division of the Fotate into eight judicial districts, Clf which the city of New York is one; the others are to be bounded by county lines, and to be c~mpact, a;nd equal in population, &s nearly a.s possible. There are to be four justices of the supreme court in each dist.rict, with a proviFion for-sur.h an additional number in the district composed of the city of New York us may from time to time be authorized by l~w. Such judges are to be classified 80 that one of the justices or each diF-triet shall go eut of office at the end of every two years; and after the expiration of thtdr tl!rms undpr such cla8~ificatioD, the tt'crm of their office is to be eight years. Section 6, of the 6th article, declares that the legi~lature shall have the Shme ~ower8 to regulate the jurisdiction and proceedings in law and equity. as they ba;ve hert:tefllre possessed. Sectio!! 6 directs that provision Fhall be made by law for desi~na1ing, from time to time. one or more of such justices to preside at the general terms of the court to be held in the several districts. ]t also authorizes any three or more of such justices, of whom the presiding justice shall always be one, tA hold such general terms; and anyone or more of them to hold special terms and circuit courts, end anyone

BANKS, GOULD AND CO. 's

of them to prcs;de in court. of oyer and terminer. The 12th spction of the Bame article directs that the justices of lbe supreme court shall be elected by the electors of the }everal judicial districts, at such timt's as may be prescribed by law. The 4th section of the 14th article directed tbat the first judicial election sbould take place at such time between the first Tuesday of April and the second Tuesda.y of June 1847, at:: might be prescribed by law; stud that thecoul'ts should resrectively enter upon their duties on the first Monday of July tbereafter, but tbat tbe term of olllee of the judges and justices should be aeemed to commence on the first day of January, 1848. , To carry out these provlf:ioDs of the new constitution, the legisInture. OD the 12th day of May, 1847. passed an "act in relation to thcjudiciary." (Laws of 1847.p. 319.) By the 14tb section of tbe tbird article of tbat act, it was provided tbat tbe justices of the supreme court elected at the first election should be cla.Esified by lot. in the manner and ;l-t the time therein directed j that the cln:sses spould be num~ered one, two, thr~e and fou!-", IJ.ccordi~g to the 'time of service of each j the class baving the shortest time to sene being number one, and ,the term of office of tbo~e drawn in that class being 1wo years, and the terms of those drawn in the other classes being. four, six and eight y(>ars. The 15th section provided that the justice in each judicial distrit;t haviog the shortest tim.) to serve, and who was not ajndge of the Court of Appeals, DOT appointed or ~lected to fill a vacancy in the firRt class, should be l\ prl'siding justice.-[By tbe act of April 4, 1848, the 15th scction of the judiciary act is amended so as to provide tbat in case , of the death, abs(nce, or inability of the presiding justice appointed to hold any general term, a.ny three justices convened to bold Euch term may designate one of their number to preside at such g.neral'erm.-Laws of 1848 p. 282."] Fy tbe 16th section it was declared that the SUprf>IDp. court should possess the same pow~rs, and exercise the E8.me jurisdiction, as was then po~sessed and exflrci~ed by the existing supreme court and court of chancery; and that the justices thereof should possess the powers, and exercise the j IJrisdictioD, then possessed aud exercised by the justices of the supreme court, chancellor, vice chancellors, and circuit judge8, po fa.r 8S the powers and jurisdiction of Eaid courts and officers ~bould be consistent with the' CODstitution 1 and the provisions of that act. The 6th section of the second at,ticle of this ac', provided thatf..:ur ju~ti("es of the supreme court, to be judges of the Com-t of Appeals, should every year be i::electd from the class of Eaid justices baving the shortest time to serve j and alternately, first, from the first, third. fifth, and seventh judicial districts, and tben from the second. fourth, sixth and eighth di~tricts j a.nd that they should serve . as jUdgcs of the Court of Appeals until the last day of December, ] 848. Four justices of the supreme court hadng bp.en selected for judges of the Court of Appeals. in pursuance of this ~ection, viz. one from the first, one from the'third, one from the fifth, and one from the seventh districts, the supreme court was composed of :l8 jUdges during the time of these reports. The j udietary act made provision for the bolding of a. general term of the supreme court in every county banDI! a. popUlation exceeding forty thousand, at least once in eTery calenller year. and as much oftener as the business of the connty should require, and in every oth.r county, except Hamilton, as often as once in two

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. years; and directed that mch terms, in the last mentioned coun ties, should be 80 arranged, that at least one term should be held in each county, or in a county adjoining, in every calf>nda.r year. It also provided for the ho~diDg of at least. two special terms in each county, exc!!:pt Hamilton. to hea~ an4 determiue non-enumerated business in suits and proce~diDg~ a.t law, and to take testimony, and hear and determine suits and proceedings in equity; ana. for a re hearing of such Buits and proceedinge:, at a general term. The act also directed that each of the justices F:hould, during the term of his office. be employed in holding the general and 8peeial terms of the supreme court, the circuit courts, and courts of oyer and terminer, in each of the several judicial districts, in proportion as nearly equal as might be, to the business of such courts in the districts respectively j and that their duties should be so assigned that each justice should hold an equal proport.ion, as near as might be, of the general and sp~cia.l terms of the several courts. The above summary will give an idea of tha organization, juris~ictioD, and powers of the new court. And the decisions contain. ed in this volume Will, it is confidently believed, convey a very- favorable impression of the learning and ability of the jUdges, and demoIlBtrate the soundness of the principle which gave to the peo pIe the power of electing their judges. :, .......

BEAMES' NE EXEAT. A Brief View of the Writ of N e Exeat Regno, with Practical Remarks up-on it as an Equitable Process, by John Beames, of Lincoln s Inn, Barrister at Law. First American Edition, with Notes of the recent English and American Deci.sions, by H. W. Warner, Solicitor and Counsellor in Chancery. 1821. $0.75. BEEBE'S QUESTIONS TO GRAHAM'S PRACTICE.Q~estions adapted

to Graham's Practice of the New York Supreme COllit; and comprising an analysis of that work, by Pierre Ogilvie Beebee, Student at Law. 1834. $2.00. BENEDICT'S AMERICAN ADMIRALTY.

The American Admitalty, its Jurisdiction and Practice, with Practical Forms and Dir8ctions, by Erastus C. Benedict. 1850. $5.50., From JudgeGRIB'R.

Supr~m. Court, Washington, May 22, 1850: ERASTUS C. BENEDICT, AEsq. : ' . Sir,-l have received your kind letter tendering me a copy of your work on AdmiTa1ty pr:lctice. Jt has since been received from Mr. Taylor. I had often inquired for Dunlap'sAdmiralty Prac~ic.

xxii

BANKS, GOULD AND CO.'S

n.nd was told it was oU:~.Gftrint. Your work mon than suppliesih place, and was much wanted. Accf:pt my warmest acknowledgmeuts 01 JTour kindness and best wishes for your prosperity. YOUI' ob't serv't,

R. C.From JudgeER,,"TUSSir~-r

GRIER.

SPRAGtTE.

Boston, Jur.e 21st, 1850. C. BENEDICT, Esq. : have del ayed acknowledging the re&s for the city of New York, passed April 11t1" 1834. With other acts relating to this Court and the Superior, passed at different times, to which the rl ader is referred. Also, an act concerning Costs and Fees inCnUl"tj;l of

l.,nv.

f'.:I:>.~1 f'n ... ... th",.,. rn"'IU'Iao ..., !,oQC'aorl

1Rdll !lnrl 1SU..1

DART'S LAW OF VENDORS AND PURCH.A.SER~

(From Hon. Lewis H. Sandf01'd, Judge of the Superim Court.) Ne:w York, Nov. 11th, 1851. Messrs. BANKS, GouLD & Co.: Gent.: I have examined, with attention, "Darfs Vendors and Purchasers of Real Estate," edited by Mr. Waterman. It is a most excellent practical work. Its lucid and methodical arrangement, and the fact that the more modern decisions both in England and the United States is incorporated in the text and notes, give to the book a value beyond that of any work on the subject wbich has come under my notice. Mr. Waterman's General Comparative View of Real Prape/rtyin England and this country, and his elaborate notes, especiaUy on questions growing out of our registration acts, enhance very much the value of the work to the American lawyer. Yours, truly, .LEWIS H. SANDFORD.

(FromHon. JOB. Henry Lumpkin, Chief Justice, State of Georgia.) , Athens, December 10th, 185l. Gentlemen: Various indispensable engagements have prevented me, until now, from perusing "Dart's Compendium of the Law and Practice of Vendors and Purchasers of Real Estate," which you were kind enough to send me. I thank you sincerely for the information which I have received from this volume. The extent of our territory, and the cheapness of our soil in the South and West, have hitherto prevented this head of the law from assuming that prominence which it has in England and the older states, North and East. But our rapid growth in population and wealth, the extension of our railroad system, 'and other improvements, giving rise as they do, not only to the permanent and substsntial improvement of our farms, but also to the tasteful decoration and embellishment of our houses, both in town and country, are all tending to enhance greatly the value of our lands, to increase our local attachments, and thus impart an interest and importance to the law of real estate, which, with us, it has never before possessed. Dart's Treatise, combining as it does, all that is valuable in the works of Sugden and others which,have,p'recededjt on

the same subject, makes its appearance, therefore, very opportunely for the increasing wants of our growing conntry. And being well satisfied, from careful perusal of it, botll of its accuracy and the soundness of its doctrines. I can entertain no doubt of tile high estimation with which this very usefnl and most thoroughly written book "ill be regarded by the profession. I need scarcely remark that the English law of Real Estate had its foundation in principles of Jeudal policy. Its fundamental feature is, to cherish and perpetuate aristocratic institutions. Many of its provisions are directly hostile to republican government. To modify the law of real proDerty, and to adapt it to the actnal state of the country and the wants of our people, has constituted a very leading branch of both the Colonial and State legislation of the respective states of the Union. These changes are traced with great clearness and accuracy in the copious notes and references appended to the work, as well as in the admirable epitome of the Law of Real Property in England and the United States, prefixed to it by the American editor, 111'. Waterman. Wishing you all the emolument which this publication so richly deserves, I am, gentlemen, with much respect, Your obedient sen'ant,

Jos.

HEXRY LU.llPKL ....

Messrs. BANKS, GOULD & Co., New lork.

PUBLICATIONS.

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COWEN'S CIVIL TREATISE. A Treatise on the Civil Jurisdiction of Justices of the Peace of the State of New York, by Esek Cowen, Counsellor at Law. Second Edition, revised by Sidney J. Cowen, Counsellor at Law. Third Edition, brought down to the present time, by Oliver L. Barbour, Counsellor at Law. With Appendix, adapting the same to the New Code, by Chester Hayden. 2 vols. $8.00. COWEN'S REPORTS. Reports of Cases arg-ued and determined in the Supreme Court for the Trial of Impeachments and the Correction of Errors of the State of New York, from lR23 to ]828_ by Esek Cowen, Counsellor at Law, and successor of Johnson. 9 vols. $54.00. CROWN CIRCUIT COMPANION. The Crown Circuit Companion: First American Edition; into which has been incorporated the work formerly published under the name of the Crown Circuit Assistant. Both works have also been carefully revised, and such additions made thereto as Modern Statutes and Decisions have rendered necessary. DART'S LAW AND PRACTICE OF VENDORS AND PURCHASERS OF REAL ESTATE. A Compendium of the Law and Practice of Venders and Purchasers of Real Estate. by J. Henry Dart, of Lincoln's Inn, Barrister at Law. With Notes and References to American Decisions. by Thomas W. Waterman, Counsellor at Law. In Press.DAYTO~'S

SURROGATE.

The Office of Surrogate, Surrogates, and Surrogates' Courts, and Executors, Administrators and Guardians, in the State of New York. A Compilation of the Statutes, and a Summary of the Judicial Decisions of the State of New York, relating to the Office of Surrogate, the proving of Wills, the granting of Probate, Admintstration and Guardianship, and the Ri~hts. Duties and Liabilities of Executors, Ad-

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ministrators :and Guardians, arranged in the form of a Treatis:l, by Isaac Dayton, Counsellor at Law. With an Appendix, containing several Decisons upon the above named subjects, not elsewhere reported, and forms and precedents for practice in the Surrogates' Courts, and for the use of Executors, Administrators and Guardians. 1846. $3.00. DEAN'S LAW MANUAL. A Manual of Law, for the use of BusiI\GsS Men; containing, alphabetically arranged, the Legal Principles of most frequent application to ordinary Business Transactions, together with Refetences to the Authorities sustaining them, by Amos Dean. 1838. $1.25. DEAN'S MEDICAL JURISPRUDENCE. Principles of Medical Jurisprudence, designed fqr the Professions Of Law and Medicine, by Amos Dean, Counsellor at Law, and Professor of Medical Jurisprudence in' the Albany Medical College. 1850. $4.50F7'Om the American Law JournalAn eXycrience of eleven years in teaching in the department of :!\fedieal Juri~pt'udenee, together with a Irnowledge of the wants of the legal and medical professions, in regard to it,-have led the auth"r to the clmpilation of the work before us. The objects chiefly had in view have been amethodical, sY8tl~matic arrangement of the topi.cs. snrl a condensation of the knowledge now possessed, Rod an exhibition of it in a clear, natural and logical order, together with fiuch illustrations 3R were det:med necessary to ma.ke an application of the principles to practice. The design appears to -hA.ve been well exp-cuted, and the publishers have done all that is necessary to pres~nt the work in an RcceptablQ dress. . We fully eoncur in the remark of the Learned author that" DO medica.l institution, in this country or Europe, could now deem its organization complete) without & department devoted exclusively to an exposition of the facts and principles embraced in Mt!dical Jurisprudence." There is a chapter in the work devoted to Medical Evidence which is well worthy -"he perusaL of medical genuemen. In givin.! evidence the author recommends that ~; the la.n::guage made use of should be plaiD) simple, and if possible, devoid of all technical terms." :"i othj ng can be better established than that when the principles of a. science Me well understolJd. they become 80 fa.miliar, and so simplified in the mind, that they can be communicated by means of the plainest language. He that underl"tands the principles best finds the least occasion tor technical terms in communjcating bis jde:'L8 to others Dot of the D[Qfe..sjon

_~BLIGATIONS.

E"tractfrom tlte United States Law Maga%inefor August.' .Whatever may be deficient in the work of Dr. neck, will be found amply supplied in tile one of which the title is placed at the head of this article. The a.uthor, Mr. Dean, is a highly respectable Counsellor at Law, and Professor of Merlical Jurisprudence in the.Albany Medical Colle!!:e, who has had an experience of eleven years in teachmg in this department. He tells us, in his preface, that his impressions as ta the wants of the legal and medical profes~ions led to the compilation of his work. "It uoes not," he says, U propose to add new heads or general topics for discussion j to deal in original disquisitions upon doubtful-or unsettled principles [questions], or to offer mere novelties to those in pursuit of knOWledge on its various subjects. The objects chiefly had In view have been a :qtethodical, 8ystematical-arran~ement of the top'~ ics legitimately embraced in the department; and. In the treatment each, a condens:ation of the knowledge now possessed. and an e1f.hibi~ tion of it in a clear, natural and logical order, together with such illustrations as were deemed'necessary to make an application of the principles to practice." In all this we thiQk our worthy author has substantially succeeded. Although, as he observes, the science he treats of, "unlike many others, admits of no logical arrangement," yet he hail brought together tOOse subjects, that are at all related to each. other, n a manner which appears to us more convenient and less exceptional than any other tFuit has faUen under our notice. The subjects .of which he treats are arranged under five general heads or classes. Thejirst includes questIons arisin.f out of the relations of sex, and comprises. I. impotence and Sleriltty j 2. Hermaphrodites, Doubtful Sex, and Monsters; 3. Rape; 4. Pregnancy; 5. Legitimacy; and 6. Delivery . 1'he second class comprehends questions arising out of injuries m flicted on the organization, embracmg 1. InfamiClde j 2. Wounds j 3. Poisons; 4. Personsfound Dead. ' . The third includes que~tions arising out of diseases or affections in the nature of disease, that disqualify both from exer~if?ing rights and performing duties-being principally Insanity, embracing all the dif. ferentforms of mental alienation The fourth includes questions arising out of deceptive practices or preten4ed disqualifications, principally Feigned Diseases. And The fifth class rornprise~ miscellaneous questions, such as A.ge, Identity, Presumption of Sur't'iTJoTs.hip, Life Assurance, and Medical Evidence, '.!-'~ese several heads are agai.fl subrtivided where ~dmissible, or re- qUl~lte for ~h~-k~ter understanding anet fuller elucit.latIon of the various tOPl~ of dISCUssIOh-;---and--th~ more complete analysiR of the subject .. e wlwle; conzprehend""ever.y thing of worth or interest in pre~ !::e:;:::e~la;~ thei.r ~blica .tm~st important ~ases that have ocC'Urred su.b.~ This larg~ ~aluable addition.t? stock of knowledrre af~ fords anolher answer to the-supercilious quest)on - b hR viewer, H Who reads an-AmerlCan book 1" The learned an~ urg e person-now lately d~ceased-w~nuestion, lived lung enoug e to a~knowlerlge th~t It had. been fully answ~,..uot merely in the pro. uuctIons of Chanmng, lrvlOg, Cooper, Stephens, I\lackeu:z: Brxant ~alleck, Longfelluw, and Prescot~, but in the graver ""Wor.ks 0 . , . rlsts-our Kents, our Storys, and our Duers; and we venture to pre iet that the work before us WIll, ere long, serve, like Dr. Beck!s,-AS..A teXl~ ~for foreign commentators and lecturers, and like the deeisir.SONAL AC- TlONS, FilmI THEIR CO~mENCEMF:NTTO TflEllt TERMINATION.P~nT I.-PROCEEDINGS BY BAILABLE CAPIAS.

arr.est: ~,In wnat aClions the, defendant may be held to bail; 2, who are prIVIleged from arrest j 3, arrc!:!(, by whom, when, where, and -bow made; 4, detaifler. In. P(oceedin~s after the arrest; 1, the bail-bond' 2, security to the plaintiff; 3 discharge of the defendant, without bail~ bono; 4, escape; 5, rescue; 6, lodging the defendant in prison. IV. Return of the capias: 1, by whom retum~d; 2, when to be returned; 3, how returned. V. ShOWIng eause ?f aclIon: 1, order 10 show cauee of action; 'l, affidavit of cause of action j 3, showingcause of action. VI. Proceedings agains.t t,he ~heritr: l,.n~le to put i!1 special bail j 2, tlle attachment; 3, ~ettlng asule, or sta)"lng rroceodm~s on the attachment. VII. '.Prucceding-s .on the bail-bond: 1, assignm.ent of the bailhond; 2, acllon on the ballbond by the p'lamtltrj 3, aclIon on the bailbond by th~ 8beritfj 4, bail to the shentf, how.discharged; 5, seuiRft' Mide, or. staying proceedings on the bail-bonll. Vln. Appearance: 1~ special l,)ail; 2, common bail; 3, entering appearance.

Chapter I-Proceedings 011 a Bailable Capias, from the Commence. men! of .the Action, to tlle Defendant's Appeara/tce, inclu,sive. Section 1. The capias: I, its (orm, ami consequences of defects in it~; 2, iB.'miug" of the capias, and what is deemed the commencement of ihe ae.lion; 3, .irrp~ularili~s and defects in capias, how waived. 11. rhe

the plea; 4, notice under the general issue; 5, JUd~ment as for want-of a plea j 6, pleading issuably. III. The replicatIon and subsequent pleadings: ,re,plication; 2, rejoinder, and subsequent pleadings. IV. Notice of trial. V. Enforcing the attendance of witnesses. VI. Copy of the pleadings for the court. VII. Eutry of the cause for .trial. VIII. The jury .process.

ClwptJ .II.-Proceedinfr. from the Declaration, to the Entering of the Causefor Trial, inc/usi"e. . Section I. The declaration: I, when to declare' 2, form of the declaration. n. The plea: 1, notice to plead i 2, further time to plead; 3,

Chapter III.-Proceeding. from. the Ajlida"it of Merit., to the V..... dict, inclus""'e. Section I. Affidavit of merits. II. Trial.at bar. m. Trial or Inquest at the circuit: I, inquests j 2, trial of a defended cause. IV. The jury ;

BANK'S; GOULD' AN"D'CO.'S

1, who are competent to serve as jurors; 2, calling and Bwearing the jury; 3, chalJe!!ges. V..Verdict: l~ ,general verdi~t; ~ speci~~ ver~ , diet; 3, damages; 4, polling the verdIct, and recording the verdict.

VOLUME ll. will be published as soon as the Commi..ioners appointed by the Legislature to revise, reform, simplify and abridge the RulelJ and Practice, Pleadings, Forms and Proceedings 01 our Courl;8, shall report to -the Legislature upon the same, and receive their sane tion i to which will be added notes and referencea to the decisions of our lA>.urts and books of practice. , It will be observed, that Ihe first volume, already publ iehed, treats of tae hist.ory and organization of the supreme court ami ita functions; the judges, officers and jurisdiction of the same j the origin and history of Civil, real and personal actions, toRether with other useful informa . tion. The second volume will be connned to the Pract.ice merely, with such referenCf>-8 and l?recedents as may be wanted to complttt6 the work; it will, no doubt, be mdispensable to the practitioner :t.ml pleader, and it i. inlended to supersede all other works on the subjecL~

HILL'S REPORTS. Reports of Cases argued and determined in the Supreme Court and in the Court for the Correction of Errors of the State of New York, by Nicholas Hill, Jun., Counsellor at Law, and" continuation of Johpson, Cowen, and Wendell. 7 vols. $35.00. HOFFMAN'S MASTER IN ,CHANCERY. The Office and Duties of Master in Chancery, and Practice in the Master's Office. With an Appendix of Precedents, by Murray Hoffman, one of the Masters of the Court of Chancery for the State of New York. $3.00..E:rtract of a Le(terfrom Ohancellor KENT.The manuscript volumes on the practice before the master-were not put into my hands until Friday. I have looked them over,andcommu~ nicated to 1\1r. B. my high opinion of the accuracy, utility, credit and value of the work, I think it would be purchased by all the practitioners and masters in chancery who do any real business, and mean to do it skillfully. '

"utterfrom T. A,

EMMETT,

Esg,

I return the manuscript>vork -you put into my handa, which I h;lve examined with much plea.::'ur~.. It seems to me ext~me!y well ar. ranged, .aucLcarefully and JudiCIously execuled_l.think.iLwilLbe a . ~ very ueeful work both to masters and solicitors, and I may also say to counsel, for I have cenainly gained much information from it. I h0P.6 you may deri as much profit from it, as I think the community w,ll benefil. _ _ "

~Fr8. B_4.NKS) GOULD

JOSEPH STORY.

MACOMB'S COURTS MARTIAL. The Pactice of Courts Martial, by Alexander Macomb, +'1ajar General of the Army of the United States. $'2.00. .CONTENTS.

Introduction. authority of courts martial~ general courts martial, thp. arrest in order to trial chal ges or accusation: the trial. general rules of evidence, finding and sentence. recommendation to mercy, revision, confirmation or approval or disapproval of the sentence, execution of the sentence, judge iJ,dvocate, regImental and garrison .courts martial, appeal flom regimental to a general court martial, courts of inquiry.,.., Appendix. -Form No.. I; of a general orde~ 3;ppointing a general court martial-No.2, of a general order appomllng a general court, martial-No.3. mode of recording proceedmgs of a general or other court manial-No. 4. of e;arrisoIl; Qr regimcntal courtBJl]artial-~o. 5, of charges and specIfications-No.6, of general 'orders approvmg or disapprol'ing proceedings; articles of war j extracts from acta of Con gress hl'ving reference-w the arneles of war. . . _

..

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BANKS, GOULD AND CO.'SINTRODUCTIOY.

The discipline aud reputation of the army are deeply in"olved in th. manner in which military courts are conducted, and justice. adminis wred. The duties, therefore, that devolve on officers who may be appoInted to sit as members of courls martial are of the most grave aoet Important character: that the8e duties may be discharged WIth justice and propriety, it is incumbent on all officers to apply themselve,s diligeptly to the acquirement of a competent knowledge of military law; to make themselves perfectly acquamted with the acts of Congress relating to the army and militia, wllh the regulations and general orders, and with the practice of military courts. Military jurisprudence has. of late years. undergone r.onsiderable changes. and been much improved j consequently the practice of -eourts martIal has experienced modifications to corrree:pond with such impro'Vement. A book, embracing the improved method of proceeding in courts martial, whether general or regimental, including courts of inquiry, has been much ".Ought after_ especially one that could be regarded as a manual adaptc4f to the use of the army and militia of the United States.. This work is intended to be such a manual. It i~ not offered as an originalprodu.ction in all its parts it is necessarily made up of the established opinions and practices 01 courts marti.al. as confirmed by general orders, and by the books of acknowledged accuracy in suchm~~

.

To assist the members of courts martial in regard to the evidence proper,to be received. ~d in w~ighiog it when bJ:O!1ght. to, their con~nderatlOn: a synopsis of the. ~eneral rules on-that subject IS mtroduf:ed. lOto the body of the work. wnhout which the work itself would be m complete. . . There ar.e also appended. [onns of orders for appointing the various descriptions of military courts. and of recording their proceedings. The author ackno_wledges himself under great obligations to the honorable Benjamin Franklin Butler, late Attorney-General of the United States, to wh.ose inspection this wort, in its original form, was submitted. After carefully perusing every paragraph. the Attorney-Ge'" .eral made such amendments and additIOns as appeared to him proper, all which have been adopted. It may, therefore. be said. that the work has received the general approbation of that high functionary. It will be a source of real pleasure to the author. if this work should prove to be such as to answer all the purposes for which it was inte.nded, viz,: the introduction of a regular system of procedure in courts martial, and the maintenance of order and discipline in the service. It is a well established fact, that the infrequency of courts martial is in proportion to the intelligence and well regulated zeal of the officers of the army. It is as much a duty to prevent, as to punish crime. An officer may do much to this elfect, by tiliiely interference. A judicious intercourse with his meo, gives him that knowledge of th~ir characters, which enables him to admonish with equal benefit to them and advantage to the service. They should feel an assurance, that, while their rignts are guarded, their offene.es will not go unpunished.

MATHEWS' PRESUMPTIVE EVIDENCE. A Treatise on the Doctrine of Presumption and Presump. tive Evidence, as affecting the Title to Real and Personal Property, by John H. Mathews, of Lincoln's Inn, Ban:is-

..

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ter at Law. With Notes and References to American Cases, by Benjamin Rand. 1850. $4.00.PREFACE TO THE ENGLISH EDnIOX.

The object of the following work is to investigate aud explain tho doctrine of Presumption and Presu;mptiv8 Evidence in their appli. cation to Titles, and to show how far defects in titles arising from the want of direct evidence may be snpplied by e.tabUshed pre. sumptions, or \iy those which are afforded from the particular> circumstances of the (';&S8. It was at an early perjod of his professional studies that the author was impressed with a sense of the utility of a work of this description. On ljItlmost every other subject connected with the pra;ctice of cllDveyaocing, treatises or digests of the cases already existed; these afforded a ready means of acquiring all the informs.. tion extant) and removed many of the diftlculties which the various subjects they embraced presented to the conveyancer. But when questions arose which were to be determined by the principles of presumption (and to such questions every Abstract of Title gives more or 1es8 occasioD,) recourse could be had only to detached cases and judicial dicta in the books of reports, and to casual pas _ sages ill the text hooks> >The labor and difficulty in such a state or...- ~ things were considerable: and the present work owes its origip...tn a conviction, that this labor and difficulty would be materl1l1lY di. minished by &oy attempt, however imperfect, to collect and to ra. due~ into system the authorities on tHe 8ubject, which were then scatter~d up and down in some hundreds of volumes. This being the first work that has appeared on the subject, and the plau"and arrangement of it having therefore been left in a pecuU:u manner to the author's own disoretion, he trusts it will meet. 'vith the indUlgence of the prAfcssion. Apprehensive that errol'S as well as omissions will be discovered, it is with unfeigned difDdellce that he presents the result of his labo~. to the pUblic. In conclUding, the author desires to express his thanks to his friend Edward John Lloyd, Esq., of LincC?ln'rl Inn, for several valuable suggeslioufl in the course of the work, ot" which he 'has availed himself. LhlColn's Inn, December,.1826.

PREFACE TO THE FIRST AMERICAN EDITION.

In regard to the Treatise of Mr. Mathews upon. the Doctrine of Presumptions and Presumptive Evidence, it can hardly be necessa.. ry to say more, than that the &utbo:' has collected and reduced into a system the numerous decisions upon this important branch of the law, and that it is the en!y>book in the English language which treats exclusively upon this "subject. . The American Editor has aimed to Dote all the cases which have occurred in the American Courts, wherein &ny of the doctrines or principles contained iR the original text have been discussed, and sueh English cases as have been published since the work of Mr. Mathews came from the press, In doing this he has thougM i*

Ii"

BANKS, -GOULD AND' CO.'S

would best comport with the plan of the original work to refer to tho cases merely, rather than t~o 8\V~1 the marginal notes with ex.. t.racts. which would in most instances be but a rellctition of the doctrines contained in the text. August, 1830.

CONTENTS.

Int{Oductory Chllpter.

Presumption. 'If Law. Cbaptf>r n.-Mlscellaneous Instances. Cbapter JII.-Oftbe Presumption with respect to the Exoneration of Real Estate from CbarKcs or Encumbrances,-first, where they a~e paid off by Tenant for ,Lifo,-secondly, wbere by Tenant in Tail. Cbapter IV.-Of tbe Presumption witb resped to tbe beneficial Owncrship,-ftrst, where a Purchase made by onc Person is com pleted in the name of another,-&nd scco:r.dly, where an estate paid for by two or more is conyeycd'to them as Joint Tenantlll. Cbapter V.-Of the Performance and Presumed Satisfaction of " Covenants for Family Provisions,- first. in Cs!"ca relating' to Pt.r.. " fODal Property,-secondly I in Casp.s rela.ting to Real. !' Chapter VI.-Of tbe Preaumed Satisfaction of Debts by Legacies /~. or Portions Chapter VII.-Oftbe Presumed Satisfaction of Portions by Le~a. dcs or Second Portions. Chapter VI (I.-Of tbe Presumed Ademption of Legacies to Children by 6upeequent Portions. Chapter IX.-Of the Prc.umption in Cases of Double Legaci. Chapter X.-Of the exclusion of Executv"s from tbe Residuary Eftate. Presumptions 'If Fact. Cha.pter XT.--On the Presumption of Instruments of AS.Eurancp. Cbapter XII-Of Presumed Conveyance. of ontstanding Legal EftateB. Chapter XIII.-Of Presumed surrender of Terms. J Chapter XIV.-Of the Presumption of Acts and solemnitics in support 01 Assurances and nights. Cbapter XV. -Of Presumptive Evidence in matters of Pedigree, &c. Cbapter XVI.-Of Presumed Grants of portions of Titbes, of Advowson~. Faculti, s, Rents, CommoDs, Markets, Tells, Lights, Ways, a.nd Watelcourses. Chapter XV 11.- -Of PreBumed Dedications of Rights of Road to the Public. Chapter XVIlI.--Of the Presumptive Bar to EquitieB ofRedemption. Cbapter XIX.-Of the Preawned Satisfaction of Mortgage DebtB, Judgments, Warra.nt~ to confess Judgment, Decrees, Statutes, Recognizances, a.nd Bonds. . Chapter XX --Of the PreBumed Satisfaction of AnnuitieB, Por. tiODS, Legacies, Liens for Purchase Money, and other Demands no~ witbin the Statute of Limitations. -

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Jy

Chapter XXI.-Of the Presumed DereUetion of tho Right to have Fraudulent Purchases, Purchases by Trustees] and Purcha.ses of aside in Equity: Chapter XXI!.- -Of the Presumed Waiver ef Rights of Appropriation i of Resumption on Forfeiture, Pre-emption and Election j of Rights under Executory Trusts, DeTises in Equity, Agreements to Purchase and Covenants for Renewal j of the Responsibility of Executors, Administrators and Trustees j of the Liability of Purchasers to see to the application of the Purchase Momey, and other m:BceUaneous Rights.and Equities.Reversion8~ set

MAULE .A.i'l"D SELWYN'S REPORTS. Vol. VI. ReportsoC Cases argued and determined in the Cou!:f.--of King's Bench, with Tables of the Names of Cases..and-lhe Principal Matters, by George Maule and William Selwyn, of Lincoln's Inn, Barristers at Law. Volume VI. Containing the Cases _of Hilary, Easter and Trinity Terms, in the 57th year of Georg.e III. 1Y7:' " /' - 'MONELL'S PRACTICE. A Treatise on the Practice of the Courts of the State of New York, adapted to the Co::le of Procedure, as Amended by I he Act of April-n, 1849, and the Rules of the Supreme Court, to which is added the Practice in the Courts of Justices of the Peace. With an Appendix of PracticalForms, by Claudius L. Monell, Counsellor at La,\'. 1849. $3: NEW .YORK DIGEST. A Digest of the Reports of Cases determined in t upreme Court of Judicature, and the Court for the' orr~c.t\OD of Errors of the State of New York.To'ptl'ier with the Reported Cases of the Superior Court f9p'wpe City and County of New York, from the organizj!-l10n of said Courts; inc.luding Coleman's Cases, C'!Jnes' Reports, 3 vols., Caines' Cases in Error, 2 vo]s., Jo!J,J1son's Cases, 3 vols., Johnson's . Reports, 20 vols., Cowe ., Reports, 9 vols., Wendell's Reports, 26 vols., Hill's eports, 7 vols., Denio's Reports, 5 vols., Barbour's Reports, 4 vols; Comstock's Reports, 1 voL, Hall's Reports, 2 vols., Sandford's Reports, 1 vol., and Anthon's Nisi Prius, by Thomas W. Clerke, Counsellor at Law. Revised and continued to the present time, by Wm. Hogan, Counsellor at Law. 2 vols. 1850. $!9.D

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BANKS, GOULD AND CO.'S

From Judge

LUMPKIN.

LexiDgton, Geo., July 20th, 1841. 'lessrs. GOULn. BANKS & Co. : Gentlemen,- -I avail myself of the first lei8ure moment since the receipt of the last box of books which you forwarded , including ., Clerke's Digest," of New York Reports to communicate to you, my opinion of the merit of this work. Ana this I may do in a word, by remarking that it is surpassed by DO similar pUblicatioD, and, so far as I am able to jUdge. equalled only by Peters' Digest of Cases in the Courts of the United States. They are both got up pretty much upon the same plan. By way of testing its accuracy. I have referred to many of the Reports frem which the Digest was composed--baving the pleasure of owning all except Coleman's Cases of Practice~ Caines' and Hall's Reports, and Anthon's Nisi Priuf.::-and in every instance, have found that the principle has been stated with the utmost fidelity.. Yours Truly, Jos. H. LUMPKIN.From the Hon. REUBEN H.

WALWORTH,

late Chancellor of tht State (If

New YOTk.

Saratoga Springs, October 15. 1850. htlessrs. BANKS, GOULD & Co. : I have examined Mr. Hogan'i edition of the New York Digef\t, originally prepared by Thomas W. Clerke, Esq. This new edition of the work. rt"vised and continued to the present time, by one ot our most industrious and intelligent lawyers, appears to haTe been most faithfully prepared, and will undoubtedly be of great value to the profession. Yours, with respect, R. H. WALWORTH.L~WIS

F,.om

H. S.... DFORD. Judge of the Superior Court of the Oity ofNew Y01'k, and late Vice Chancellor,

New York, December 20th. 1850. :Messrs. BANKS, GOULD & CO. : Gentlemen,-I have, at intervals, examined your recent edition of the" Dhr;est of New York Reports l " originally prepared by Mr, Clerke, and revised and brought down to this year by Judge Hogan. The work appears to be executed in the most thorough and faithful manner j a merit which no one accustomed to consult digests will fail to appreciate. The arrangemt:.nt adopted, is in general, that of Johnson'S original digest, and is at once pract:'cal, convenient, and readily understood. Tbe Table f.lj Cases, is a most valuable a.ppendage to the work, and will often serye to put those who consult it, in the right channel of inquiry, when at a loss under what head to look for the subject in hand.

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The reports of our state have become sO numerous, that a digest devoted to them exclusively, is absolutely necessary for every law. yer pra~tising at our bar~ A knowledge of our own decisions, is usually the first and great point; and few counsellors can flpeod the time to look for them in the im!Ilense mass of matter cOIlStituting a general digest of the reports of our entire country. I congratulate the profession on having put into their hands, such an excellent Digest of our State Reports. Yours Truly,LEWIS H. SANDFORD.

F,om

SEWARD BARCULO,

Judge of the Supreme Court of t.h.e State ofNew York.

Poughkeepsie, Nov. 12, 1850. Co. : I am in the daily use of the H Digest of New York Reports," by 1\1r. Clerke, revised and continued to the present time by Mr. Hoga.n. and find it a work of great merit. The additional matter is correctly stated, and carefully and jtldieiously arranged under the appropriate 8ubjeets and titles. 1 consider this digest an indispensable assistant to judgf's and lawyers who have frequent oceasion to consult the decisions of the courts in this State.MeSBrs. BANKS, GOULD &SEWARD B..lRCULO.

From Judge

GOULD.

Augusta, Geo., Feb. 22, 1851.Messrs. BANKS, GOULD & Co.: Gentlemen,-For three or four months past, J have used. as a bflOk of reference, yeur last edition of Clerke's and Hoganls Digest of the Reports of your State. The work is in a most convenient form; the n.rrangement appears to be complete j and the points decided are clearly stated. I know nothing further, desirable in such a Digest, except accuracy of refer. ance. As I have found no error in that particular. I presume that object bas been attained; bllt no reader of the work could speak with certainty, on that point, without an amount of labor almost equa.l to the compila.tion. The style in which Lbe book is given to the public speaks for itself j and does credi t even to a house known as 10Dg as yours has been) in the character of publishers. Very Respectfully, Yours,Wn-I. GOULD.

Also. highly ll...ttering recommendations have been received from Chancellor Kent, JUdge lIronson, and other distinguished jurists and lawyers.

lviii

BANKS, GOULD AND CO.'S

From Ihe Amer"tcan LatD- Journal.Thi.lorge and valuahle work, although Bta"ted in the title page to be rontainpd in two volumes. in reqlity ~xtendB to four large royal octavo volumes. '1 htdirst two TOlumes contain 1331 pages. and.the Ifl.Et two nearly 1500 l makjng in the whole 'Wolk. over 2800 pagl's. The Digest contains the foints decid~d, as reported in Coleman's ClfSes, CaiD(~8' Rl:ports~ 3 vols 1 Caires' Cases in E.rror, 2 vola., Jo~nson'B CasE-s: ~ vols., Johnson'R Reports, 20 vola., Cowen's Reportl"; 9 vols" Wendell's Reporls, 26 vols., Hil.'s Reports, 7 vols, Denio's Reports. 5 vols., Barbour's Law Reports, 4 vols., Comstock's Reports, 1 vol.. Hall's ReporJ,s, 2 vols., Sa.ndford's Reports, 1 vol, and Anthon's Niei P:tius. It p.mbracps R. revisal of the former edition of Mr. Clerke, with such modifications aa seemed Df'edf.ul ; and alF:o a. Digest of the many volumes which J:1a.ve been published since that was issuea from the press, including part of Hill's Reporta and all of 'Ba.rbour and Denio and Sandford and Comfltock. The limits of State jurislliction do not circumscribe the influence and usefulness of a {)igest of this description. It is practically a. Digest of the commou law, and of the c3CP. 'inn tbp POWflTS and dut:es of r.ounty and town officors ill the State of Kew York. by Thomas \V WatenR.an, Esq. The topic!" on which he has bestowed his attention. arp. of Ul?PP interest to. a.nd of 'ilmost. da.ily reference hy. the pmetitione.r. th~ magistra.te. a.od that large ahd important cl:l~S of citizens who regulate and administer our town and cDunty llffair.... Much t'mbarra1'sment and litigation arise-from the impE'rf(!ct understanding by OUI' local authorities of the laws which control 0111' municipal Rffa.irs. and I feel confident that the clpar and perspicltous rna.nnar in which Mr. Wa.tf'rman hns conuensed and pr{"sc'lltt>d those laws, (to which he has addfld the neces~ary forms) will be regarded 8S a most important acquisition. by the professi u and tht: magistracy. ' F. A. T3.LI.)IADCoE.

WENDELL'S REPORTS. 26 Vols. Reports of Cases argued and determined in the Suprt'me Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York, by John L. ''Vendell, Counsellor at Law. Continuation of Johnson's and Cowen's Reports. WENTWORTH'S INDEX. A complete Index to 'Ventworth's .System of Pleadin;::. Compiled with a view to lessen the labors of the Profe'sion in referring to those valuable Precedents. 1822. $2.00. WIGRAM OK WILLS. Examina1ion of the Rules of Law respecting the admissio of Extrinsic Evidence in aid of the Interpretation of 'Vilis. Third Edition, "'ith American Notes and References. In p,.ess. WHEATON'S LAW OF KATIONS. History of the Law of Nations in Europe and America, from Ihe Earliest Times to the Treaty of Washington. 1842, by Henry 'Wheaton, L.L.D., Minister of the United States at the Court of Berlin, Corresponding Member of the Academy of Moral and Political Science in the Institute of France. 1845. See American Law Magazine. Law Reponer, Hunt's Merchant's Magazine, and American Review. 1845. $6.00.

lxxx

B.\NKS, GOULD AND OO.'SCONTENTS .

l!rTRODUCTIO,..-Sk.tch 'If tM Histm tM earliest times to tM Peacs 'If Westphalia. International law of tbe ancient statesof Greece and Italy, laws o( waT observed during the Persian and Peloponesian war, international n\oralily of the Greeks, conduct of lhe Spartans on the surrender of Platea, conduct of tbe Athenians on the surrender of 1\Ielos. Outlines of Grecian public laws, Amphyctionic council. Theory of the balance of power among the ancient nations, Cicer:o's theory of international morality, Ruman fecial law and jus gentium, influence of the Roman law in forming the modem law of nations. intluepce of the canon law and the writings of the casuists, Victoria and Sola Saurez;Francis de Victoria, Relectiones Theological Balthazar Ayala, Conrad Brunuo,Albericus Gentilis, Gratins, canso jato del Mare.PART FIRST.

1, First period from the peace of Westphalia to that of Utrecht; 2, . Principles of intervention to maintain the balance of power; Opinion of Fenelon; Spanish Succession War, 1701-1713; 3, Peace of Utrecht, 1713; 4, Publicjurisls of the latter half of the seventeenth century; 5, PutfendorCbHobbes; 6 Leibnitz ..7, Spinosa; 8, Zouch; .9, Sir Leoline Jenkins; 1 ,Seldeo 11 Samuel Kachel; 1'2. Maritime law of nations ; -. Marine ordinance o/~ewis XIV., 1681; 13, Theory of prize ordinances; 14, Conventional maritime law of oations ; 'Relaxation of the primitive"" Inw by the capitulation of the Sublime POlte with Henry IV. of France, in 16()4.; Treaty of the Pyreness, 16.S9; Treaties between Great Britain and other powers, conceding the principle of free ships, free goods; l'r~aties between Holland and other Powers; Treaties between France and other \Powcr:s; Treati~s of the Baltic Powers between themselves and others; Treaties of commerce arUtrecht, 1713; 15, Contraband of war; Change in the law of convention and usage by which naval stores became contraband at the beginning of the eighteenth century; Laws of contraband according to Grolius i OpinioB of Bynkershoek; Opin IOn of HemeCClUS"; OpInIOn of ZOUCb' OplUlon of Su William Scott; . Right of preemption ; Confiscation o(vehicle of contraband and ofin nocent with lawful articles' 16, Blockade; Opinion of Grotious: Opinion of Bynkershoek; Interdiction of all neutral commerce with France by Greal Britain and HoHand, 1689; 17, Rightofvi8itati~n and search; 1St Dominion of the seas j Grotius, Mare liberum; AlberJcus Gentillis, Aavocatio fi~spanico; Selden, ~lare Clausum j Opinion of Puffendorf; Disputes between Great Britain and Holland respecting the sovereignty of the nritish seas; Claim of Great Britain resisted by France; llyn. kershoek, de l>ominio :Maris L 19, Sovereignty claimed by Denmark over the Sound and Belts; 20, rrisoners of war.P.-'LRT SECOND.

History 'If tM LaIlJ '!l Ndliom in EUTOf'l',frDm tlle Peace 'If Westphal,a, 1648, to the-Peace 'If Eutrecht, 1713. . ~eace of Westphalia; Constitution of the Germanir. Empire. Sec.

Hi,tory 'If the LaIlJ 'If Natio"" in Europe, fro'" the Peace 'If Utrecllt, 1713, to lhal qf-Pari, and Hubert,burg, 1763.See. 1, Question-of-the Austrian Succession, 1740; AntiMichiaval o( Frederick II.; 2, Seven Years War> Peace of Paris and Hu!Jertobu.gi~lative reports,. &c., and everJthing that can tend to throw light upon. or elucidate the criminal jurisdiction of our country. Tbey will, in most instances, be publi8hed entire; and if all the cas-es, &.e., can be coll~cted. (and I have not the least_doubt, from the mass of matter already in my posseooion, they can,) It Is dim. cult to conceive, a publication of greatt'r importance, in a natipnal point of view, than such collection would be j nor of one more useful to tbose gentltmen engaged in the practice of the criminal law. To make the work still more valuable, the cases hereafter will be l'fill's Cobstitutional Reps., N. S. For 1817-1818, 2 vols. in l. 3.00 1812 to 1816, 2vols. Constitutional Rt'ports. Harper's Reports. 1823 - 1824, 1 vol, 3.00 Harper's Equity Reports. 1824, 1 vol. McCord's Reports. From 1820 to 1828, 4 vols, ZO.OO McCord's Chancery Reps. 1825 to 1827, 2 vols. 10.00 Bailey's Reports. 1828 to 1832, 2 vols. 12.00 Bailey's Chancery. 1830 to 1831, 1 vol, 5,00 Hill's Reports. 1833 to 1837, 3 vols. 18.00 Hill's Chancery Reports. 1838, 2 vols. 12.00 Riley's Chancery Cases. 1836 to 1837, 1 vo~. 3.00 3.00 Riley's Law Cases. 1836 to 1837, 1 vol. Dudley's Law and Equity Reps. 1837 to 1838, 1 vol. 5.00 'Rice's Reports. . 1838 to 1839, 1 vol. 6.00 Rice's Chancery Reports, 1838 t.o 1839, 1 vol. 5.00 Cheve's Reports. 1839 to 1840, 2 vols. 6.00 McMullan's Chancery, 1840 to Hl42, 1 vol. 5.00 McMt+)).an's Law, ).835 W 1842, 2 voJs. 10.00

exl

AlIIERICAN REPORTS.

Speer's Eqnity. Speer's Law. Richardson's Law Reports, Richardson's Equity Reports, Strobhart's Law Reports. Strobhart's Equity Reports. Statutes at Large. Rice's Digest of Law3. Rice's Digest of Reports.

1842 to 1844, 1843, 1844 to 1847, 1844 to 1846, 1846 to 1849, 1846 to 1849, to 1838, 1836, 1838,

1 vol.2 vols.

3 vols.2 vols.

4 vols. 3 vols.9 vols.

2 vols.

$6.00 12.00 15.00 10.00 20.00 15.00 30.00 5.00 12.00

GEORGIA. Charlton's (t, U. P,) Reports. Cases decided previous to Charlton's (R. M.) Reps. From 1811 to Dudley's Reports. 1821 to Georgia Reports. 1846 to Cobb's Digest of Georgia Laws. Prince's Digest of Laws, to l3:otchkiss' Statute Law.

1810, 1837, 1833, 1850, 1851, 1837, 1845,

1 vol. 1 vol. 1 vol. 9 vols. 2 vols.

4.00 5.00 5.00 45.00 10.00 4.00 5.00

ALABAMA. Minor's Reports. From 1820 to 1826f Stewart's Reports. 1827 to 1831, Stewart and Porter's Reports. 1831 to 1834, Purter's Reports. 1834 to 1839, Alabama Reports. New series. 1840 to 1850, Clay's Digest of Laws. 1843, Aiken's Digest of Laws. 1833, Aiken's Supplement. 1841, Phillips' Digest of Reports. 1849, Ligon's Chancery Digest. 1847, Revised Statutes or New Code of Laws. 1852.

1''1'01. 5.00 3 vols. 15.00 " vols. 25.00 9 vols. 45.00 19 vols. 104.50 5.00 5.00 5.00 2 vols. 9.00 5.00

LOUISIANA. Martin's Report-s, From 1809 to 1823,. 12 vols. ( 120.00 Martin's Reports, N. S. 1823 to 1830, 8 vols. f Same, condensed. 20 vols. in 4. 20.00 Louisiana Reports. From 1830 to 1841, 19 vols. 114.00 1841 to 1843, 12 vols. 72.00 Robinson's Reports, Deslix's Digest. 6.00

AMEIDOAN REPORTS.

cxli$6.00~.OO

Deslix's General Index. 1809 to 1843, Grenier's Code of Practice. Robinson's Penal Laws. Louisiana Annual Reports. 1845 to 1850, Benjamin and Slidell's Digest of Reps. 1839, Civil Code. Bullard and Curry's Digest of Statutes. 1841, Texas Reports. Dallam's Dige