New-York daily tribune., 1856-05-24

CI NEN-iUkh Il, ALFx.NoEK Rs.DrosD. L. D.,
surrogate. 'oL III, s'o. PP. So. Joaa y Eoofhirs
Tie. ycaue before " belongs to the hrst -eres Il
Reports which deal. ~,h the law &. administered "
American Courts OF Probate Considering tae tolIueSs
,l;h .k.ch hs grca, b;anca OF sr sprs,. nee ,iG-
ra,td "A the English Ecclesiastical Reports and ths
ir,,rtrlt ard comprehensive bearings Of the lecii
ro'ut. which il :nvc,ye- i i;:le sfingo tkst
!, should have been e. completely elected.
No ouo ought, however TO regret thst 1t h - ben
en 10 VI. Bradford 10 become the p"oeer n ths
t.ld both be,su.e hi Report. IN many respects
models Of judicial statement, aad because the Law oi
Wis. rs interpreted by cur metropolitan thounai'
esrtciauy dc serves a permanent record. wh'To
does more property piss though the hands ot singe
ud.e IL the spsc, OF time than in this city np-
wh.r, are more multifs,io,s, complicated ard f.e'-
e.ire que.tiors presented
OF the opinions IN the volume before !. rs Diff
culi 10 speak too highly. they are compact, we'll
r.ason.d, sud written in Gear aud vigorous Engsn.
Though evidently the work OF a of learning,
they are wholly free from wordiness. pre:cnsion 0r
pedsrtry. even in cases whore the great civil law
vers are quofed-a virtue not always possessed ~
Judges in much higher posts. Every question is prcoed
to the bottom and both principle and auher'y INTEL
Seuty applied 10 it, solution. is high uiou'. 10
the eminent qualifications OF the Surrogate 'hs' o"e
n single decision Of his has been ovenued, ana tnac
parties have appealed in fewer cases To the hisher
court- every year sirce he has been in office.
A large part of the volume Is occupied with csses
e r.racv, incapaci,y, undue influence and marriage
the facts in each instance being ially stated and
,Lllfillv anslyzed II also contains IN inves,sat'n
into tL. facts as Ear a. kno~n at the tme in the ex
/ trsord,rary case of JeaI ne Du Lux. |eruMm W.
Spencer; * parte Dawson Hunt W. Mootne aud
A. hpfp 1ilsh MI n
siv. ,ope for the display the Surrogstes Judicial
bilitics
In certain minor points particularly at regards "a
ci,ty Of reference. these Reports in common with
many Others. strike Us somewhat detective. Tho
head notes, though remarkably clear and compact in
t,er statement of the points decided occasionally con-
tain SO much extraneous matter as 10 prevent one
from seeing the principle of the decision at glanc'.
We have the authority Of Mr.. Justice Curtis, in tho
preface to his new edition OF the United States Su
prene Cour, Reports for saying that head dnotes are
designed TO show the points decided by the court-st
the tcta or ressonings Of The Judges. This nayseem
a slight point but TO one who wishes 20 find suhOn-
ties in hurry-and What New. York practitioner dces
not facility OF reference OF prime importance.
similar criticism applies to our authors neglect 10
index the general topics ds nssed in each case, WI
ts title Though comparatively modern practice,
adopted by but few American reporters, il IL great
converonce. We miss also brief statement OF facts
at the commencem mcnt of n case which seems 10 be
the more necessary where they fully stated aud
dccusscd in the opinion and where the Arguments Of
counsel aIe set forth ~ erlens0
We are fully aware thGt these suggestions apply Tar
more iorciby to other reports than to the present
yolumes-snd we throw them out only with the wish
thst a work So excellent in matter and style may bo
sde # easier access the general reader who, no
s., than the professional lawyer has special interest
il THE hanch Of jurisprudence.
COMMENTARIES ON THE CRIMINAL LAW: BY Josl
rs,sIi's Bl.n9s Vol Complete IN fssic ''o, PF 7o2.
Mr.. Bishop is already known to the profession a.
the author Of Treatise on the Law Of Marriage and
Divorce which has been received with very general
approval.
The present is the first volume Of a work intended
10 compreL end the whole subject Of the Criminal Law,
in all its details and, at the same time d,,inc, aid
complete in it.elf, embracing, it does, the gen.
eral consideration. and incidents applicable alike to All
offences.
It r. constructed on the same principle as Mr..
Bishops former work-beng an exhibition Of the doc
ripos the subj ect Of crimes as held by our Amen-
courts stated and arranged on the idea that the
Common Law is not of DECISIONS often
arbitrary aud frequently confictsg but complete
sciebce founded and natural ue,ee and csn-
.Stent and coherent in ali its parts.
This, in opinion, to ascribe 10 the system of
our American Law much higher character than it
deserves and TO the decisions OF our American courts
great deal more of philosophy, as well ~ logic thaa
they justly entitled receive credit for Neyerhs-
lee, there very obvious advantages in the method
adopted by Mr.. Bishop. This ascrbing 20 the Law
systematic and scientific coherency which does not
actually possess s way Of introducing ITO il
thing Of system, science and cOhereBey. II y ike
teaobiIga child good manners by commendng him
for poiteneee which he does not yet actually exhibit,
but which your very commendaton holds out 10 him
the which he ought 10 aim. In the second place.
this theory has advantages Of arrangement common 10
ell sc.1fc theones-false we'll ar true ones-thas
OF bringing ins and uItaposi,ion with each
other the vmous doctrines of the law and diy1ssoz
Of the work under relations calculated AZ 10
the memory aud to enigLten the Judgment. Pre-
>, ,nted in this way the better considered and nore
ssonnble csees have tolerable ehsIce, when
.hsed BY writer Of reflection and dgment, 10
iide end put down those Of an opposite character.
1t may seem, indeed, ~ Of the prof, sion brsd
up 10 seryile admiration for adjudged cass- great
piece Of presumption in commentator 20 cons,ltusa
tmself high Court Of Error AZ it were, AID 10 pre-
sume tc sil in judgment upon that which jsdges and
supreme courts have l-id down as the law But
,urely # anything Ike cohereacy i to be introduced
into the Americanlaw, KEEP: In IT, such process Is
eureuuy Necessary especially In this country, where
We have many Independent tribunals, which IN
orl, be kept in order by being subjected, FAR Sre-
ete- 20 the legal doctrines which they undertake %
pronulgste to such se!f constituted court Of