Page:The Green Bag (1889–1914), Volume 19.pdf/208

 EDITORIAL DEPARTMENT nowadays would think of looking for them. The titles of " Assumpsit " and " Trover " are however retained, though assumpsit and trover were abolished in 1851, and cases on conversion of chattels are indexed under the title of "Trover and Conversion," while " Conver sion " is devoted to a few cases on equitable conversion. Under the title " Calls " there is only the cross-reference, " In deeds, see Bound aries, §11," under which heading there are a number of cases about boundaries, but noth ing relating to " calls " or even indicating what they are, but possibly that is a name by which" boundaries are designated in the region where this digest was made. " Ground-rents" is a title under which it is inconceivable that anyone should look for anything, but it occupies a whole page with three short notes, the long est of which consists of ten lines. The first of them consists of this remarkable statement, "A lease for 1000 years conveys the fee," which is supposed to have been decided in Ipswich Grammar School v. Andrews, 8 Met. 584. It is hardly necessary to say that no such point was decided (it was not even raised ), but on the contrary it was decided that the plaintiffs had a good title to the reversion expectant on the termination of a term of 1000 years. The case is correctly stated in the old digest. An equally misleading note will be found under Wills, col. 15,184, §45, as to Thayer v. Wellington, 9 Allen 283, viz., " An instrument to which a will refers must be exe cuted with the same formalities as the will itself." The note of Wood v. Willis, no Mass. 454, under Bond, " Nature and essentials in general " (col. 1728), states only that a bond was made containing certain provisions, but does not indicate any point involved or de cided. The title " Highways " while it in cludes some public ways that are not highways, does not include streets in " incorporated cities," which are. The arrangement of all ways, public and private, under the familiar title of " Ways " was much more convenient. The useful collection of cases under " Words" has disappeared, and under that heading there are only a number of cross-references to other headings without any references to cases, and it does not contain the same or anything like the number of words or phrases contained in the old digest.

The cases in Pickering, Metcalf, Cushing, Gray, and Allen, are referred to as if those reports formed part of a series of Massachu setts reports numbered consecutively from the beginning, and the regular citation by the name and volume of the reporter is only given in parenthesis; thus, the ninth volume of Cush ing is referred to as 63 Mass. (9 Cush.). The printing of the names of the cases in the same type as the text, instead of in italics as usual, is an inconvenience and makes it less easy to distinguish the case from the rest of the page. The type is smaller and less distinct than that of the old digest, but the use of leads makes the same number of lines fill more space. The columns are broken up by numerous subdivi sions and headings and references to the Cen tury Digest, and the titles are generally pre ceded by descriptions of their contents in large type and often occupying considerable space; thus, the title Bills and Notes is preceded by 10 pages of explanation and description and cross-references, Evidence by 21 pages, Wills by 1 3 pages. This adds very much to the size of the book, but the short and condensed indi cations under the principal headings in the old digest were better and more useful. As the new digest comprises only 12 volumes of reports beyond those contained in the five volumes of the old digest and its supplements, it is likely that the latter may still be useful even to those who invest in the new work. The original digest in three volumes will probably be found a more accurate, and possibly a more convenient, book of reference to the first 127 volumes of reports. The two supplements are not so good as the original digest, but it is hard to say that the new digest is better. Is it too much to hope that some Massachusetts lawyers may take in hand the preparation of a new and convenient digest of the volumes following the 127th volume of reports? In five years the new digest will be more behind than the old digest and sup plements are now. If they should begin now, taking the last volume first and working backwards, at the same time keeping up with the new volumes as they come out, we might have a good digest ready in about five years. It should not follow too closely the old digest, for in that the notes of cases were too long and consisted too much of hard statements of