ruptcy, or Insolvency; in Chapter ninth the effect of the Alteration and Cancellation of a Bond; and in Chapter tenth, the Remedy by Action, Assignment of Breaches, and Pleadings.

The Appendix contains Forms of common occurrence, selected, it is stated, from approved precedents, by attention to which others may be readily framed to meet particular cases. Some Declarations and Pleas prepared in conformity with the new Rules, to which we have before alluded in this Journal, have been added at the end of the volume.

This work is, like the general run of English law books, merely a rough and hasty digest of the cases, constructed with little mental effort on the part of the author. It is a cento, composed of scraps and excerpts, from the marginal notes of the Reports, without anything of an elementary character to facilitate the acquisition of the law relating to bonds by a student. On this account it will be chiefly useful to the practitioner. Such sentences as the following frequently occur, showing great marks of haste; 'It is necessarily incumbent on the sheriff to inquire narrowly into the circumstances and responsibility of the persons taken as sureties; it is sufficient if they are apparently, though not actually so.' A legal proposition, most especially, should be expressed grammatically, and with the greatest care.

The History of the Boroughs and Municipal Corporations of the United Kingdom, from the Earliest to the Present time; with an examination of Records, Charters, and other Documents, illustrative of their Constitution and Powers. By HENRY ALWORTH MEREWETHER, Serjeant at Law, Solicitor General to the Queen; and ARCHIBALD JOHN STEPHENS, M. A. F. R. S. Barrister at Law. 3 Vols. London. 8vo. pp. 2413.

This very extensive and costly work will be of little use in our country. The present proposed reform of the Municipal Corporations in England, makes it a publication of high consequence there. Its chief merit is in the fidelity with which its learned authors have brought together all the Records, Charters and other Documents illustrative of the subject. The work, indeed, can aspire to no other character than that of a compilation. The very words of the records, documents or authors to which reference is made, are given; such observations as appeared requisite being added. Prefixed to the main body of the book is an Introduction, the object of which is to point out the

result of the compilation, in an intelligible form to the general reader. The authors deserve credit for the patience with which they have waded through such an immense body of materials, which could hardly be interesting to any one in whom the spirit of the devoted antiquary was not incarnate. We do not feel disposed to bestow upon them credit of a higher character. The style of the work, where the authors suspend their compilation and speak for themselves, is ordinary.

The History commences with the British period, and passes through that of the Romans; but in the Saxon times, however, the authentic documents begin, and before them, no certain information exists. The Saxon laws are, therefore, extracted, followed by that portion of Domesday which relates to that era. Larger extracts from this valuable record, referable to the reign of William the Conqueror, the time of its compilation, are added. The charters, which are extracted, form an interesting part of the undertaking, and assume an interesting character from the time in which they were granted, and from the nature of the grants. They are arranged chronologically,—the only mode by which the several kings can now be represented as speaking the language they really intended to use; and by that means, their grants are explained and illustrated by the light which they throw upon each other,—a comparison between them tending to establish the occasional changes in the nature, language, objects, and effects of those grants of the crown. Extracts are also given from the legal documents of the period, which tend to illustrate the general subject, particularly from the ancient statutes and law authorities. One of the principal inferences drawn from these documents is that burgesses were the permanent free inhabitants of the boroughs and that non-resident burgesses were first introduced in direct defiance of the parliamentary writ, and the statutes of the realm, in the instances of persons elected as representatives; and afterwards extended by usurpation to electors, particularly on the Restoration of Charles II. The means of arriving at a correct judgment with respect to the history and rights of Municipal Corporations in England, it is stated, are here for the first time laid before the public. The authors observe that they have no hypothesis to maintain,—no object to serve,-no party to flatter, and no other end in this research than the desire of finding out and vindicating the truth. It is possible, they add, that the right path may be discovered more easily than by those, whose greater abilities were diverted from it by some wrong bias; although amongst them should be included the names of Sir Edward Coke, Prynne, Petyt, Tyrrel and Willis. Besides, it may be added, the numerous public records, now so readily ac cessible to all give the inquirer of the present day incalculable advan

tages over those of former times, when the most important papers were either lying together in confused scraps, or, if partially arranged, were accessible only to a few, and those indisposed to make the proper use of them, or inclined to pervert and misrepresent them.

Reports of Cases argued and determined in the Supreme Judicial Court of the State of Maine. By SIMON Greenleaf, Counsellor at Law. Vol. IX, Portland. 1835.

This is Mr. Greenleaf's last volume. We feel like parting with an old friend, in bidding this able and learned Reporter farewell, in a line of duty which he has for so long a time so honorably and usefully discharged. The decisions of the Supreme Court of the State of Mak› have been reported by Mr. Greenleaf, throughout nine volumes, with as much ability as has ever before been brought to a similar task. We do not mean that he has emulated Lord Coke in interspersing, from the exuberance of his learning, comments on the points decided, which are so curiously wrought into the very body of the judgments of the Court, that it is often a matter of no little difficulty to determine what was the opinion of the Court, and what that of the learned Reporter. Mr. Greenleaf has confined himself to the dry labor which strictly belonged to his office, without seeking to recommend himself except by his proper performance of this. He has not appended notes, save in one or two instances; nor has he interposed any opinions of his own. The statements of facts in the cases are characterized by succinctness and clearness; the arguments of counsel are faithfully preserved, and we cannot but shrewdly suspect are sometimes indebted to the care of the Reporter, for something of their form and comeliness; but, above all, the abstracts, or marginal notes, the test and argumentum crucis of a Reporter's ability and fitness for his station, are prepared with the greatest care, and evince the nicest perception of legal points. This is not the proper occasion to consider the peculiar state of jurisprudence in Maine or the character of its judiciary, but we cannot refrain from saying that, in our opinion, this State is deeply indebted to Mr. Greenleaf's labors for the degree of estimation in which the opinions of its Court are held among the profession throughout the country. Like a faithful artist, by his skill and ability, he has thrown around his materials an interest and value which they could not receive from any common hand. Justice, however, requires that we should express our

strong sense of the farther obligation which is due to the late able Chief Justice of this State, who, during all the time for which Mr. Greenleaf has reported, presided over the Supreme Court with unwearied industry, fidelity and learning.

About a third of the present volume is occupied by Reports of cases; the remainder is taken up by an admirably constructed digest of all Mr. Greenleaf's Reports, covering a period from the year 1820 to the year 1832 inclusive. In the preparation of this Digest, all the marginal abstracts of the cases have been revised and corrected, and every point brought out which was either decided, or expressly doubted by the Court; as well as some of the more important questions which were raised at the bar, but not mentioned in the judgment. To have onlarged the work, Mr. Greenleaf very properly observes, by the addition of the obiter dicta, would not add to its value, and might lead to uncertainty and confusion. The point decided is, with very few exceptions, stated only in one place; but references to it are made under other heads, where it was supposed that some might expect to find it. References are also made, at the end of many of the titles, to other places where something analogous may be found; not, however, so connected with the principal title as to call for its insertion in that place. We would recommend Mr. Greenleaf's Digest as a model. The whole method and casting, if we may use such a word, show that its author is a thorough master of the law, relating to the various cases which he has classified and arranged. Every thing is neat and in its proper place. It is a pleasure, which,-wearied with the coarse and negligent style of many reporters, we wish we could prolong, to peruse, and to write in the hope to induce others to peruse, the labors of our present author. The regret, which we feel in losing him from the ranks in which he has filled a place, so distinguished ever since, and long before, the commencement of our labors in this Journal, is chastened by the knowledge that he has only exchanged the field of his duties, and that he now occupies another position in the army of the 'faithful few' engaged in the cause of jurisprudence, where his exertions will be, perhaps, more extensively and beneficently felt even than heretofore. We need not remind the reader that Mr. Greenleaf has discharged the duties of Professor of Law, as associate with Mr. Justice Story, at Harvard University, for the two last years with eminent usefulness and success. The profession look to him for works, in the performance of the duties of his professorship, which shall extend the means of study, and contribute to raise the character of the jurisprudence of our country.

INTELLIGENCE AND MISCELLANY.

Death of Chief Justice Marshall.-JOHN MARSHALL, Chief Justice of the Supreme Court of the United States, died in Philadelphia, at 6 o'clock on the evening of Monday the 6th day of July.

The eminent public services of this great man, the deep and universal confidence reposed in his ability and worth, and the sentiment of veneration entertained for his private virtues, render this loss onc of the most afflicting that our country could sustain. His health had been for some time declining, and there was little hope that the term of his existence could be extended for a much longer period; but no period could occur, when the loss would not have been felt throughout the country as that of one of its greatest benefactors.

Chief Justice Marshall was born in Fauquier County, in Virginia, on the 24th of September, 1755. He was the son of Col. Thomas Marshall, a man of talent and education, but of limited fortune, whose ability was always spoken of with admiration by his son. His early instruction was of a very imperfect character; he was indebted to his father for that which related to the English language, but principally to his own efforts for his classical attainments. In his opening manhood, he engaged with zeal and ardor in the patriotic cause; in 1775, he received the appointment of lieutenant in a company of minute men, and subsequently rose to the rank of captain. At the beginning of the war, he fought against Lord Dunmore, at the battle of the Great Bridge, and some time later, in those of Brandywine, Germantown, and Monmouth. In 1781, there being a redundancy of officers in the Virginia line, he resigned his commission, and devoted himself to the practice of the law. He had been admitted to the bar during the previous year, a part of which he had spent in Virginia. It is hardly necessary to add, that notwithstanding his youth, his military career was distinguished by the same intelligence and excellent qualities, that shed such lustre on the course of his after life.

Immediately after the capitulation of Lord Cornwallis, Mr. Marshall began to pursue with assiduity the practice of the law, and soon rose