may have been made of the reversionary interest among the heirs. Owen v. Hyde, 6 Yerger, 334.

2. (The Same.) A dowress takes the dower estate, with the rights and liabilities attached to that, as a whole, and although she may destroy all the timber on one of the lots included in her dower, yet, if the whole dower estate was not injured thereby, it will not be waste. lb.

3. (The Same.) If the dowress leave sufficient timber for the permanent use of the dower estate, it will not be waste. lb.

WAY.

1. (Who is entitled to the fee of.) Where the legislature by a special act authorizes a street or highway to be laid out and bars any action for possession or damages after the laying out, and provides for the damages in a special manner, the owner is still entitled to the fee, subject to the easement. United States v. Harris, 1 Sumner, 21. 2. (The Same.) The laying out of a highway at the Common Law and under the highway acts of Massachusetts does not deprive the owner of the fee, but only subjects it to the easement. WILL.

Ib.

1. (Construction of Statute of Tennessee.) The words "if to be found" used in the act of 1789, ch. 23, sec. 1, when speaking of witnesses to a will which is contested, mean, if to be found by the officer in whose hands the process is placed; and the return of the officer, that the witness cannot be found, is evidence of that fact. nald v. M'Donald, 5 Yerger, 307.

M'Do

2. (Proof of.) Where a paper was offered for probate as the last will and testament of a man deceased, without any subscribing witnesses thereto, but it was proved by one witness that he drew the paper at the request of the deceased, that the deceased signed it by making his mark, being too weak to write his name, and that he was of sound mind and memory ; and by another witness that he had heard the deceased say he intended to dispose of his property in the manner in which it was disposed of by the paper produced: Held, that this was not sufficient proof under àn issue of devisavit vel non to establish the paper as the last will and testament of the deceased, either as to realty or personalty. Suggett v. Kitchel, 6 Yerger, 425. WITNESS.

(Witness who is a partner not protected.) A witness cannot object to giving evidence because he will be compelled to disclose facts showing that he was a partner in the transaction, which gave cause of action, and that he is equally liable with the defendant to the plaintiff. Zollicoffer v. Turney, 6 Yerger, 297.

NOTICES OF NEW BOOKS.

The Practice in the Courts of Law and Equity in Virginia, by ConWAY ROBINSON. Vol. II. Containing Practice in Suits in Equity. Richmond. 1835. 8vo.

Mr. Robinson's former volume relating to the Practice in Virginia, which the reader will find noticed in former numbers of the American Jurist, (Vol. IX. pp. 232, 474,) has met with great and deserved success, and has added not a little to the high professional reputation of its author. Mr. Robinson, though still a young man, has already taken his place among the very foremost of the bar of his native State, and has laid the foundations of an extensive fame and usefulness. We have understood that his first volume has been found an indispensable manual for the Virginia lawyer, besides being very considerably useful to the profession of other States. The present volume completes his view of the subject, and, therefore, at the same time that it presents by itself matters of much interest, cannot fail to give new value to its early brother-the two forming together a full Treatise on the Practice in the Courts of Law and Equity in Virginia.

Mr. Robinson says in his Preface, "My former Volume upon the Practice in Virginia in the courts of law had not long been published before it became manifest to me that a continuation of the work would be acceptable in this State both to the bench and bar. Satisfied of this, I determined, when other engagements would permit, to undertake the treatise which I had intimated was in contemplation by me upon the practice in suits in Equity." The subject considered, is important, and interesting, on account of the frequent resort which is now had in our country to the powers of Courts of Equity; and although the chief value of the present volume, as a book of Practice, will necessarily be confined to the State of Virginia for which it is specially adapted, yet we have no hesitation in saying that it will be found a highly useful manual by the practitioners in other States of the Union. The general resemblance, marked by occasional differences, which prevail throughout the jurisprudence of the various States, are badges of one sisterhood; and any work pertaining to the laws

of one State, ably and skilfully executed, like the present, cannot fail in being useful throughout the whole country.

The present volume is divided into twenty chapters, in which the branches of the subject are discussed in the following order. The first chapter embraces a copious view of the important topic of Equitable Jurisdiction, arranged under its three subdivisions of concurrent, ancillary and exclusive. Under the head of exclusive Jurisdiction, is comprehended one title, which must, of course, be peculiar to slaveholding States, to wit: Suits for freedom by slaves. From the statement of the law by the author under this title, it appears that it has been very lately decided in Virginia, that Equity cannot enforce an agreement between master and slave; and also that a person held in slavery, no matter how long, and unjustly, cannot recover damages in the form of profits or otherwise, for his illegal detention in slavery. Suits of this latter kind, it is stated, have been very frequent in Virginia for more than a century past, and though there have been numerous cases of recovery of freedom by persons illegally held in bondage, and in many of them the violation of freedom has been gross and palpable, and the public feeling strongly on their side, yet in not one single case have damages for the detention been given.

The second chapter relates to the important subject of the Limitation of Suits in Equity; the third to Parties to suits in Equity. Chapters fourth and fifth contain a view of the matters which may be comprised in one suit, and of the process by which suits in Equity are commenced. Pleadings in Equity form the subject of chapter sixth. The remaining chapters relate to Proceedings in Equity at the Rules, (chap. 7); Evidence in Suits in Equity, (chap. 8); Change of Parties by Death or Marriage, (chap. 9); Orders entered upon motion, (chap. 10); Hearing of the Cause, (chap. 11); Order directing Issue and proceedings under same, (chap. 12); Order of Account and proceedings under same, (chap. 13); Order for Sale of Property, and Proceedings under same, (chap. 14); Rehearing after interlocutory and before final decree, (chap. 15); Final Decree, (chap. 16); Taxing Costs, (chap. 17); Mode of compelling performance of decree, (chap. 18); Bill of Review, (chap. 19); Appeals, (chap. 20.)

A very copious and faithful Index to both volumes is appended to the present. The extreme fulness and minuteness of this gives the whole work an additional value, inasmuch as it facilitates, in no ordinary degree, the use of it in the sudden emergencies of business, and the practice of the courts.

An Address delivered before the Law Academy of Philadelphia on the 6th of May, 1835. By WILLIAM RAWLE, Jr., Esq. One of the Vice Provosts of the Academy. Philadelphia, 1835. pp. 19.

This is a neat and agreeable discourse, presenting views calculated to have a salutary influence on students of law. It is written with correctness of language, and contains a current of clear and interesting thought. The main object of Mr. Rawle is to recommend to his hearers the cultivation of eloquence. The situation and duties of the American lawyer are thus sketched :

"The school in which a youth such as I have described enrolls himself, is a lawyer's office, where alone he can expect to pursue those studies, to form those habits, and to find those opportunities, which are to lead him to the objects for which he hopes. It is a school admirably fitted not only to instil into his mind that learning which immediately belongs to his profession, but to imbue it with those principles, and to fill it with that knowledge which will enable him, at a future period, to wield and to work, the most powerful engine in a republican country. Unrestrained to any branch of study, by being destined to make that branch of the profession to which it appertains his future pursuit, the whole volume of legal science is laid open to him, and he must read it, because in the exercise of professional duty, he will be called upon to apply almost all its precepts. The common law in all its modifications, the principles and practice of courts of equity, the civil and the ecclesiastical law, should be as familiar to him as "household words," for they all enter into the practice of the American lawyer. Connected with these, a deep and accurate knowledge of history, particularly of that of Great Britain, some acquaintance with the useful and even the elegant arts and sciences, familiarity with polite literature, and more than all, profound and frequent study of that sacred volume, from which are drawn not only the purest precepts of morals, and the divine duties of religion, but the richest and most abundant supplies of thought and language, are necessary to enable him successfully to perform the varied duties of his calling. All these objects may and ought to be pursued, in connexion with his legal studies, during the probationary term of the student. With a mind thus prepared by previous discipline, he comes to the Bar, and mingles in those contests, which call forth his strength and exercise his powers. Obliged to embrace every variety of professional employment, every variety of professional talent is called into action. This diversity of objects to which the mind is applied, if it prevents that perfection which is attained by the pursuit of a few, tends to enlarge and improve the general intellect, and is particularly propitious to the cultivation of eloquence, the most valuable talent the American lawyer can possess. He who overcomes the intricacies

of the science, stores his mind with juridical learning, and makes himself familiar with its practical application, but neglects that art by which the heart is moved and the understanding convinced, may claim the merit of a sound lawyer, and may in time reap the rewards of a successful practitioner, but he cannot hope either for individual distinction, or to sustain the exalted character of his profession. He must be 66 content to dwell in decencies for ever." To carry with him public feeling and public opinion, upon which alone reputation and success are built, and to rise to that eminence to which he ought to aspire, he must not only possess the treasures of his profession, but be capable of displaying them to advantage. He must "make his light shine before men." The value of the diamond is unknown and unappreciated, until it is unburied and made to sparkle to the eye. Depth of learning, soundness of judgment and skill in the management of business, will secure the confidence of those who are benefited by these valuable qualities, and gradually enlarge the sphere of professional action; but if they be enforced by the persuasive and controlling powers of eloquence, full effect is given to what might lose part of their value, from not being properly brought into notice. Nor does the lawyer depend upon the favorable opinion of his immediate clients, or of those in whose circle they move, alone for advancement. He is before the public, who will judge of him by the manner in which he exhibits himself to them. Few have the opportunity or the capacity, to appreciate those powers, however great, which are exercised in the shade of the office, or shown, even in the skilful conduct of a cause in court, but all within the range of the speaker's voice may be enlightened by his arguments, touched by his pathos, delighted by his imagination, captivated by his graces, and carried along by the torrent of his eloquence. Such powers invariably command success. The importance then of cultivating this irresistible talent, cannot be too strongly impressed on the mind of the student."

The possibility of the union of profound learning with brilliant eloquence is thus touched upon :

"It has been too often supposed, that the character of a profound lawyer is inconsistent with that of an accomplished and brilliant speaker. The suggestion is a slander not only upon the profession, but upon the human mind. The most stately and magnificent edifices are erected upon the broadest and most solid foundations, and the most abundant and fertilizing streams are poured out of the deepest reservoirs. How can the plant which springs from a meagre and arid soil, produce fruit either beautiful to the eye or pleasant to the taste? Professional erudition is one of the parents of professional eloquence, and he cannot be said to be truly master of his art, who does not possess both. Such a combination, it is true is rare, and can be the result of great natural gifts, cultivated and improved by

on