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Full text of "[untitled] The American Law Register (1898-1907), (1898-04-01), pages 269-270"

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Courts of Equity of the United States and the Rules of the Supreme 
Court of the United States given in haec verba. The index, so 
important a part of a book of this kind, is fairly full and 
complete. F. C. N., Jr. 

Probate Reports Annotated. By Frank S. Rice. Vol. II. 
New York : Baker, Voorhis & Company. 1898. 

The second volume of these reports comes to us well recom- 
mended by the first which, however, was not without some defects, 
as was shown in our review of that volume. The present 
number contains the reports of over a hundred well selected 
cases and some very valuable notes by the editor — only a few of 
which need be mentioned — "The Distinction Between Annuities 
and Legacies ; " " Gifts Causa Mortis," a note of six pages. On 
page 143 of this note, in citing the definition of a gift causa mortis 
as laid down by the Supreme Court of Pennsylvania in Perry' s 
Appeal, the number of the report and the page are omitted. While 
this may be a small matter, yet, in a manner, it mars a work of this 
kind, which is on the whole so valuable. This is only one instance 
of other slight defects of this character. Other notes of value are 
"Administration on the Estates of Living Persons; " "The Doc- 
trine of Spendthrift Trusts," etc. 

The work is a meritorious one and we trust that the slight 
omissions already pointed out may be supplied in the succeeding 

A Treatise on the Law of Easements. By Leonard A. Jones, 
A. B., LL. B. New York: Baker, Voorhis & Company. 1898. 

Mr. Leonard A. Jones, in his latest work, entitled "A Treatise 
on the Law of Easements," which is in continuation of his series 
of works upon the law of real property, has shown the same care 
and thoroughness which mark his other legal publications. 

The author has wisely devoted a large portion of his book, 
comprising nearly 300 pages, to a thorough consideration of 
rights of way, properly conceiving that this branch of his subject 
is the most important as the one most frequently in litigation and 
involving the most valuable property rights. Other subjects are 
treated at a greater or less extent, according to their practical im- 
portance. Indeed, the whole scheme of the work, as the author 
intimates in his preface, is to treat fully those portions of the subject 
which are of " general and every day use," rather than to give 
undue attention to theoretical questions. 

It is to be noted that Mr. Jones classes rights in gross, other than 
profits a prendre, as easements, and, in justification of his classifica- 
tion, says : "It has sometimes been said that there is no such thing 
as an easement in gross ; that a privilege not appurtenant to land is 
not an easement. The term ' easement in gross' is used because 


it is a term in general use by legal writers, by judges and by the 
profession ; and, as against such usage of the general term, it is 
useless to attempt to establish a refinement of definition intended 
to do away with the term. ' ' 

If it is true that there is properly no such thing as an easement 
in gross — and the better opinion seems to incline to this view — the 
author's reason for following the other classification does not 
commend itself to the reader, for it is peculiarly the function of a 
text writer to call attention to and correct such error. The same 
criticism applies to the consideration of public rights of way as 
easements in gross, notwithstanding the able opinion of Lord 
Cairns in Rangeley v. Midland Railway Company, L. R. 3 ch. 
306, 311, which points out the impropriety of such classification, 
and which the author notices in section 422 of his work. These 
faults, however, if they may be called by so serious a name, are of 
form rather than of substance, and do not seriously detract from 
the general excellence of the work. 

The subject is arranged in a convenient form, each paragraph 
having a heavy headline to catch the eye, and the citation of au- 
thorities is full and thorough. C, C, T, 

The Trial of Emile Zola. A Detailed Report of the Fifteen 

Days' Proceedings in the Assize Court at Paris. New York : 

Benj. R. Tucker, 24 Gold St. 1898. 

This "full report, from original sources," of the Zola Trial, 
makes most interesting reading, as may be imagined. The fugitive 
sketches appearing in the newspapers have already given us some 
idea of the way they do things in France, but the detailed account 
makes a much more vivid impression. 

The most curious things to an Anglo-Saxon mind are the windy 
speeches the witnesses are allowed to make on everything but the 
subject at issue, the threats to the jury of the consequences if 
a certain verdict shall be brought in, and the continual interrup- 
tions and uproar from the audience. For example, on page 210 of 
the book under review appears the testimony of M. Meyer, an 
expert for the defence, to the effect that Major Esterhazy wrote the 
bordereate. M. Labori, of counsel for the defence, has remarked : 
" It is a great pity that M. Couard (an expert on the other side) 
is not here. It would be a pleasure to witness a discussion between 
him and M. Meyer, his former professor in the Ecole des Chartes. ' ' 

" I ask nothing better," cried a stentorian voice from the middle 
of the auditorium, and through the crowd pushed M. Couard, 
carrying a large package. " I do not wish it to be said," he 
shouted, "that I have not the profoundest respect for my old 
teacher. But what is the Ecole des Chartes? The Ecole des 
Chartes, I know it ; I have been through it. Do they teach any- 
thing there about the handwriting of the nineteenth century ? . . . 
I revere M. Meyer as a professor of Roman philology but as an 
expert in handwriting he is like a child just bom," etc., etc.