loan be made upon an agreement that the mortgagee, in addition to the interest reserved, shall have, free of rent, the use and occupation of an acre of the mortgaged premises, worth eight dollars per year the whole compensation for the loan not being equal to a reservation of compound interest. Fox v. Lipe, 24 Wend. 164.

VARIANCE. (Middle letter in name.) A middle letter in one's name is no part thereof, and a variance in this respect between a written contract as set forth in the pleadings, and that produced in evidence, is immaterial. Milk v. Christie & Todd, 1 Hill, 102.

2. (Literal.) A mere literal variance between a contract as set forth in pleading, and the one produced in evidence, is immaterial. Coonley v. Anderson, 1 Hill, 519. VENDOR AND VENDEE.

(Fixture.) As between a vendor and vendee of land upon which there was a dwelling-house without a fire-place, and without a chimney except from the chamber floor, it was held, that a stove from which went a pipe into the lower end of the chimney was not a fixture, and did not pass with the land to the purchaser. Freeland v. Southworth, 24 Wend. 191.

WAY. (Of necessity.) A right of way of necessity, is founded

on an implied grant; and the same principle of necessity which raises the implication of one such way, may extend it to two or more; but convenience alone is not sufficient to raise the impli cation of a way. Nichols v. Luce, 24 Pick. 102. WEIGHTS AND MEASURES. (In New York.) A contract to deliver one thousand "bushels of good merchantable wheat," &c. is complied with by the vendor's tendering a quantity of wheat, merchantable in fact, and equal in the aggregate to one thousand bushels statute weight, though it will not fill the statute measure of eight gallons to the bushel. Milk v. Christie & Todd, 1 Hill, 102.

2. (Same.) In general, the term bushel in a contract, calls for a quantity equal to eight gallons; but in respect to wheat, rye and indian corn, there is an exception; and in sales of these,

of which we propose, in our next number, to present our readers with a more extended and minute criticism. It is an elaborate, original, and finished production; orderly in its arrangement and method; profound in its reasonings and investigations; clear and concise in the statement of principles; copious in authority and illustration; and so thoroughly artistic in its execution, that the vast subject of the law of evidence is once more brought within reasonable and proper limits.

We cannot doubt, that, for the purposes of elementary instruction, this work will at once supersede all others. Professor Greenleaf, by taking sufficient time for the composition of this treatise, has done justice not only to himself and his own fame, but to the demands of a much abused and long suffering profession.

2.-A Treatise on the Right of Suffrage, with an Appendix. By SAMUEL JONES. "Pulchrum est benefacere reipublicæ." Boston: Otis, Broaders & Co. 1842.

The author of this little work thus introduces it to his readers:

"The design of the following treatise is to present to the public the principles on which the right of suffrage is founded, and by which the exercise of that right ought to be regulated. The subject is one of deep interest, not only to the American people, but to the people of all countries possessing a representative government, or who would establish such a government. No work is now before the public, in which the subject has been fully examined and reduced to its true principles. There is no other thing, in our form of government, more important to the well being of the people, or on which the stability, perpetuity, and due operation of our system are so much dependent, or from the abuse of which so many evils may result."

It would require something more than the page or two, which it is our custom to devote to a critical notice, to go fully into an examination of so important a subject as the right of suffrage; and we must therefore be content with saying, that, in our opinion, the author has examined his subject from the proper point of view, and has in general come to sound practical results. To those, who imagine themselves the advocates of what is improperly de

nominated "universal suffrage," it will probably seem something extraordinary, that any one should write a book (even a small one) on the right of suffrage. They would settle the question, at once, by saying that ALL had a right to vote. But if asked what they mean by all, they would soon discover, that there has never yet existed a nation, in which universal suffrage has been allowed. Some have always been excluded at least, women and children.

In order to determine the extent which ought to be given to this right, it would be necessary, in the first place, to fix the principle upon which its exercise depends, and, in the second place, to ascertain its antagonist principle. It would then be easy to apply these principles to the various individuals of which the political society is composed, and determine their several rights, in this respect, accordingly. The result, of course, would be, not a universal but a restricted right of suffrage. Regarding universal suffrage, as we do, as utterly impracticable in the present state of society, that is, in a state of society in which any government at all is needed; and believing that in proportion as it might become practicable it would also become unnecessary, we incline to concur with our author in the opinion, that the government of a country should always be in the hands of or greatly controlled by those who have a permanent interest in the soil as its owners and culti

vators.

We commend Mr. Jones's work to the favorable consideration of all who are desirous (and who is not) of acquainting themselves with their political rights and duties.

3.-Points in the Law of Discovery. By JAMES WIGRAM, Esq. one of her majesty's counsel. First American from the second London edition. With notes and references to American cases, by a member of the Boston bar. Boston: Charles C. Little and James Brown.

1842.

This work, although denominated by its author "a limited treatise," is one of the most finished productions which have lately appeared in the department of the law. The subject matter of the work is treated in the form of five propositions, which are sepa

In this country

rately examined and proved by the decided cases. the remedial law is rapidly extending itself, under the form of chancery proceedings, not only on account of the increase of remedy thereby afforded, but also for the sake of the greater facility of proof, which equity admits of, by means of the oath of the party. This mode of proof,—discovery under oath,—is the subject of vice-chancellor Wigram's treatise; and, in reference to a matter of so much importance in equity practice, one cannot do better than to give it a most thorough perusal. The typogra phical execution of the American edition is very perfect; and it ought to be added, that the notes "by a member of the Boston Bar," without much increasing the size of the work, enhance its value to the American practitioner.

4. A Practical Treatise on the Law of Contracts, not under seal ; and upon the usual defences to actions thereon. By JOSEPH CHITTY, JR. Esq. of the Middle Temple. Fifth American edition, from the third London edition, corrected, re-arranged, and enlarged by TOMPSON CHITTY, Esq. of the Middle Temple. With notes of American decisions on the Law of Contracts to the present time. By J. C. PERKINS, Esq. Springfield: Published by G. & C. Meriam. 1842.

Those readers, who desire to keep in mind the history of Mr. Chitty's work on Contracts, are referred to the twelfth volume of this journal, p. 539, and to the twenty-first, p. 244, which contain some notice of the two English and four American editions of it, which had then been published. The present is a new American (the fifth) from a new London (the third) edition; and may therefore be regarded almost as a new work. Having, already, expressed an opinion of Mr. Chitty's work, as published originally and subsequently revised by the author himself, we have only to add, that the labors of the English editor of the third edition have greatly added to the value as well as to the size of the work. The new revised English edition being the basis of the present American one, and the latter, containing all the additions made by the

editors of the prior American editions, it may be confidently affirmed, that the wants of the profession, in this department, are now amply supplied.

5.-Report in part of the Committee on the Judiciary of the House of Assembly in New York, in relation to the administration of justice, March 2, 1842.

We are not able to learn, from the document before us, the precise condition of the projected law reforms now under consideration in the legislature of New York. We perceive, however, that the subject was referred to by the governor in his message, that sundry memorials and bills relating thereto were received,— and that the whole matter was committed in the lower house to the committee on the judiciary. The report of the committee concludes with recommending the adoption of a bill accompanying it" to improve the administration of justice." But the committee present, in an appendix to their report, three bills prepared by D. D. Field, Esq. of New York, which, it seems, had been referred to them, for simplifying the proceedings at common law, and in equity, and to simplify indictments. These bills are accompanied by an explanatory letter from Mr. Field, to the gentleman by whom the bills were presented. Mr. Field's plan of judiciary reform is evidently the result of great labor and of careful and judicious reflection; and, considering that the practice of the courts in New York is disfigured by many of the abuses, which, until lately, have been the disgrace of the English practice, and that it is more tedious, prolix, expensive, and ineffective than the judicial system of any other state of the union; it is not too much to say, that Mr. Field's proposed improvements will, if adopted, make an immense progress. But, great as these improvements undoubtedly are, and desirable as it may be to adopt them, there is one other amendment, without which we believe they will fail of their desired success: - we mean, the entire amalgamation of legal and equitable proceedings, on the plan (or something similar) proposed by us in an article on Reform in Remedial Law in our seventeenth volume. We cannot but think, that Mr. Field contemplates this 16

VOL. XXVII.

NO. LIII.