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He has the courage of his convictions, and is not at all afraid to differ in opinion from a text writer, a Judge, cr a bench of Judges.
A convenient method adopted in the book is that of summing up the effect of a chapter at the end thereof.
The book is well printed, but the appearance of the page is spoiled by too narrow a margin.
A. H. M.
International Law in South Africa by T. Baty, Barrister-at-law. London: Stevens and Haynes. 1900.
The studies comprehended in this little volume of something more than one hundred pages were originally delivered delivered as lectures at Oxford, and the book was published as lately as October last. It is therefore a very recent contribution to the discussion of a subject of surpassing interest at the present time.
In the first chapter Mr. Baty treats of “ Contraband for Neutral Ports" and vigorously combats the statement that Lorenzo Marquez, because of its alleged position “as the natural port of the Transvaal,” which has no seaports of its own, is not to be regarded as a neutral harbour, either upon the principle of the American Civil War cases, such as The Springbok, Wallace, V. 1, in which the doctrine of “continuous voyages" is enunciated, or upon any other principle. The author thinks that class of cases inapplicable, and also contends that the principle of them has not been approved or adopted so as to make an innovation upon the old rule. “The conclusion," he says, “is. that contraband, to be confiscable as such, must be seized on board a vessel which is going to an enemy port, according to the ancient practice. To seize it because it is supposed to be eventually intended for the enemy is a dangerous extension, and one which is moreover opposed to the current of progress; which has set strongly in the direction of doing away with restrictions on contraband trade altogether.”
Upon the difficult question of the suzerainty of Britain over the late Boer Republics, which is the subject of the
second chapter, Mr. Baty has not much to say that is new. He examines the authorities, declares that the only satisfactory way of looking at the matter is to treat the sovereignty as split up between the governments of the Republic and the United Kingdom, and, with some hesitation, that it is safest to recognize the possibility of war between a suzerain and its vassal--at all events where it is waged for the safeguarding of the vassal's rights—and in such a case the people of that State cannot be treated as rebels.
The other chapters are intituled, “ Passage of Troops over Neutral Territory," “ Conduct of Warfare," " Annexation," and "Limited Companies in the War." An appendix contains a comparative summary of the Transvaal conventions.
The book treats, it may be seen, nearly altogether of controverted matters, but the author, while a strong partisan, is fair in his methods, and, being the master of a clearcut style and practised in the use of humour and paradox, he often allures even when he does not convince.
INDEX OF SUBJECTS.
Ed., following a litle, indicates that the article or item will be found in the EDITORIAL
Book Reviews and Notices-Continued.
Bell and Dunn on the Law of Mort-
gages of Real Estate, 86.
Bicknell and Kappele's Practical
Biggar's Municipal Manual, 313.
Broom's Legal Maxims, 312.
Cababé on Attachment
Castou's Statutes Serial with De-
cided Cases-Taxes and The As-
sessment Law, 21.
Eakins's Subject-Index to the Books
in the Library of the Law So-
ciety of Upper Canada, 186.
Easton's Law as to the Appointment
Ewart on Estoppel, 344, 371.
General Digest, American and Enga
Henderson and Davidson's (ana-
dian Law of Partnership. 34.5.
Indermaur's Principles and Practier
of Conveyancing, 213.
Ingham's Law of Animals, 10.
Kelly's Draftsman. 18).
Kingsford's Law of Executor's and
Law Magazine and Review, 274.
Reniseh's English (ommon Law in
the Earlier American Colonies, 213.
Rogers's 'Roman d'une Piissie Chat,
Stoequart's Studies in Private In-
ternational Law, 246.
Stone's Justices' Vanual, 121.
Will's Law Relating Electric
Lighting and Energy, 18.5.
Wood's British Command of the Sea
and What it Jeans to Canada,
Brebon Laws of Ireland, The Lucient,
L. A., 127.
Burton, Sir George, Eil.. 240,
1:01), Curr., 27.1.