The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-07-02
Recent Publications.

member CT the Cumberland Bar; with references
to the later statutes and decisions; and large
number of new precedents, framed by eminent
pleaders; embracing also rules, forms and prece-
dents, according to the practice acts OF Massa-
chusetts, supervised by a member Of the Suffolk
Bar.
We have received from the publishers,
Dresser & Mcclellan, copy of the revised
edition of Our old friend and long time teach
+, divers Precedents The "Frecedents''
and its progenitor, tie american Prece-
dents" have been, for sixty years or more,
the natural food'' of the younger members
of the profession, and right wholesome and
poarshing aliment for the older. 1t is of the
sort that fought to be chewed, swallowed and
thoroughly digested." In1eeI, nobody would,
or should, think of practicing law without
the book on his shelves, or ready at hand.
We ran all over Boston the other day to find
it for young friend 1--WE were never without
it, ourselves), but couldn't buy it for love OF
money. The lawyers would have been great
ly obliged to the publishers, if they had sim
ply given them eprint of the old book, al
belt "the memory of man runs not TO the
contrary of the time of its last revision.
The present reviser states in his preface
land we believe him that be has omitted
nothing whatever that he found in the old
work. In this he seems to us to be right.
Forms intended for use, wherever the princi-
pies and practices of the common law (pure,
or modified by legislatlon) prevail, ought to
contain those old ''forms of law" though in
some localities, more or less of them are OBJ
solete. The new modes are all founded up
on, and frequently refer to the old standards,
and we want the light of them, as we want
the old statutes, to see the new ones by.
While the faithful and accurate reviser ha.
thus not failed to preserve for US ''the pre-
cioas o. be has added very much to the
value of his work, by giving us more than
t,cO hundred pages of declarations and forms
not found in preceding editions. The exam
pie land only by way OF example) we have
from page 567 to page 597, thirty pages of
declarations in actions of the case, adapted
to state of things in the worlds affairs not
dreamed of when Joseph Story, offender mem
ory, assisted by Benoni Perham, sq.,-but
for this book of no memory at all,-''carefully
examined and revised" the first edition
of "The American Precedents and Dec
larations." We had in the other editions,
no form for actions against towns for
defective ways, against railroads and tel
egraph companies for neglect in collisions
and other things; against parties fraudulent
Il, oop oal;np from, crediforS tho pronortv nf
their debtors; against stockholders of cor
porations for corporate debts; against con-
ductors of railroads; against physicians for
malpractice; any variety of forms in actions
against insurance companies; to recover sub
scription to railroads; to enforce mechanics
liens, &C., &C., &c.
The large variety of modern instances"
furnished here, have, all of them, the author
ity of the names of well known and ex-
perienced practitioners, affixed to them;
some of them furnished by the pleaders
themselves, and others taken from the rec
ords of the courts; all them have the ap-
proval of such names; some Of them that of
the judgment of the courts in decided cases.
This added matter has swollen the SIZE of the
book somewhat, but add, more than propor-
tionally, to its value.
We had marked some of the annotations
of the reviser tor special notice, but there are
more of them than we have space to speak
Of, or than were fairly to be expected from the
modest reference to them by the author.
| The truth is, a large amount of labor, and
not little learning has been expended upon
| these notes, and in many cases they seem to
| be quite needful, and always instructive and
| helpful. We refer to such as have reference
| to the general law, and not to citations of re-
| cent statutes, which are still more numerous,
| but of course of only local application. The
notes in the original book comprised large
body of law touching the commencement oi
| actions, and have been carefully, aud with
much research, revised, corrected and en-
| lareed in this edition. As examples OF ad
dtional notes, we may notice that giving the
| true rule for actions on notes brought the
last day of grace, at page 8; in suits against
executors, &C., in joint and several actions
at 35; for the recovery back of money pait
| uuutT II iDlSldkC vi law VI idCt, VI pdiu
duress, at PIP. 145, 149; in reference to allie
cations of performance by plaintiff, of con
ditions in contracts, at p. 1853; the moderl
doctrine of recoupments, (denied in the text
at D. 161; the law of actions for use and oc
cupation, at p. 10; the more modern view
about recovery ofinterest, at p. Ill; the new
rule, as established by the U. 5. Sp
Court as to forms of judgments on note
payable in coin at p. IT'S; the law OF sales
at D. BOB; as to allegations required in declaI
ations on contracts to deliver specific arti
cles. at D. 204; or to actions or awards, ba
in part and good in part, at p. 24S; as to de
mand necessary to be made in notes payabl
at particular place, at p. 251; as to action
on notes payable in instalments, at p. 259
han abaaka of N, 9f1 n