Page:Harvard Law Review Volume 9.djvu/580

552 552 HARVARD LAW REVIEW. three quarters of a century before the Legal Tender Cases were decided, that the United States, even under the Articles of Confederation, were invested with powers which were inherent in sovereign nations, and impossible of exercise by any individual State, although not granted by the Articles. As authority for these propositions, the book is superseded by United States Supreme Court decisions ; but as an exemplification of the views held by the framers of our Constitution as to its proper interpre- tation, and so as a basis for the later decisions, it must remain valuable. Little fault is to be found with the substance of Mr. Andrews's work as editor. He spares us unnecessary notes, and his notes where inserted are helpful, and properly appreciative of the scope and importance of the author's propositions. The main body of the text bears testimony to careful proof-reading ; but not infrequently typographical errors mar the foot-notes ; and exception may be taken to such vague references as " See Pollock Maitland's sic History of the English Laws " (vol. i. p. 440) ; and " See Appendix " (vol. i. p. 545), where the appendix meant is that at the end of the second volume. e. r. c. The Land Laws. By Sir Frederick Pollock, Bart. Third Edition. Mac- Millan & Co., London and New York. 1896. pp. x, 233. To those who have read the book in the past this new edition will surely be welcome. For those who have yet to make its acquaintance, there is a fresh delight in store. Sir Frederick Pollock has a faculty for investing the driest of matters with interest. Take for example his amusing yet accurate account of "suffering a recovery," where Brian and Littleton are in colorable litigation, and Catesby, the so-called •"' vouchee," accommodatingly ends the affair by surreptitiously " departing in contempt of court." A student could not desire a more agreeable introduction to the technical treatises on the law of real property ; nor need the lay reader fear longer to find the subject of land laws " caviare to the general." The important changes from former editions include a thorough revision of the chapter on " Early Customary Law," and the addition of a note dealing with the " Origins of the Manor " in the light of recent research. In this note, Sir Frederick commits himself to neither the " villa " nor the Germanic theory. The alterations in the account of early customary law were made necessary by a frank change of attitude as to the nature of " folk-land." It is no longer described as ager publicus^ land held by the nation for public purposes, (see ist ed., p. 20,) but rather as "land held by folk-right or customary law," in contrast to " book-land," which was '' held in several property under the express terms of a written instru- ment." Strangely enough, this view is a return to one advanced two hun- dred years ago, and owes its present acceptance to the researches of a Russian, Mr. Vinogradoff. Very naturally, there are many additions to the chapter on " Modern Reforms and Prospects." Several recent statutes are described, notice- ably the copyhold act of 1894. The Torrens Land Transfer System is dealt with very briefly and in a non-committal way, though it is quite evi- dent that in so far as the system does away with the possibility of " ad- verse possession " of registered land, and the operation of the statute of limitations, it is displeasing to the author. The abolition of primogen- iture, and a radical simplification of the law governing the settlement of estates, are said to be prospects the realization of which is not far off. In