NUTS TO CRACK.

_Nuts to Crack: or Quips, Quirks, Anecdote and Facete of Oxford and

Cambridge scholars. By the author of Facetiæ Cantabrigienses, etc.

etc. etc. Philadelphia: E. L. Carey & A. Hart._

Although this little volume is obviously intended for no other eyes

than those of the 'Oxford and Cambridge scholar,' and although it is

absolutely impossible for any American to enter fully into the spirit

of its most inestimable quizzes, oddities and eccentricities, still we

have no intention of quarrelling with Carey & Hart, for republishing

the work on this side of the Atlantic. Never was there a better thing

for whiling away a few loose or unappropriated half hours--that is to

say in the hands of a reader who is, even in a moderate degree, imbued

with a love of classical whimsicalities. We can assure our

friends--all of them who expect to find in these excellent 'Nuts to

Crack' a mere _rifacimento_ of stale jests--that there are not more

than two or three anecdotes in the book positively entitled to the

appellation of antique. Some things, however, have surprised us. In

the first place what is the meaning of _Anecdote_ and _Facete_? In the

second what are we to think of such blunders, as "one of honest Vere's

classical _jeu d'esprit_," (the _jeu d'esprit_ printed too in Long

Primer Capitals) in a volume professing to be _Anecdote_ and _Facete_

(oh!--too bad) of Oxford and Cambridge _scholars_? And thirdly is it

possible that he who wrote the _Facetiæ Cantabrigienses_ is not aware

that the "cutting retort attributed to the celebrated Lord

Chesterfield, when a student of Trinity Hall, Cambridge" may be found

among the Facetiæ of Hierocles--not to mention innumerable editions of

Joe Miller?

We have already said enough of the _Nuts to Crack_, but cannot, for

our lives, refrain from selecting one of its good things for the

benefit of our own especial readers.

The learned Chancery Barrister, John Bell, K. C., "_the Great Bell of

Lincoln_," as he has been aptly called, was Senior Wrangler, on

graduating B.A., at Trinity College, Cambridge, in 1786, with many

able competitors for that honor. He is likewise celebrated, as every

one knows, for writing three several hands; one only he himself can

read, another nobody but his clerk can read, and a third neither

himself, clerk, nor any body else can read. It was in the latter hand,

he one day wrote to his legal contemporary and friend, the present Sir

Launcelot Shadwell, inviting him to dinner. Sir Launcelot, finding all

his attempts to decypher the note about as vain, as the wise men found

theirs to unravel the cabalistic characters of yore, took a sheet of

paper, and having smeared it over with ink, folded and sealed it, and

sent it as his answer. The receipt of it staggered even the Great Bell

of Lincoln, and after breaking the seal, and eyeing it, and turning it

round and round, he hurried to Mr. Shadwell's chambers with it,

declaring he could make nothing of it. "Nor I of your note," retorted

Mr. S. "My dear fellow" exclaimed Mr. B. taking his own letter in his

hand, "is not this as plain as can be,--Dear Shadwell, I shall be glad

to see you at dinner to day?" "And is not this equally as plain," said

Mr. S. pointing to his own paper, "My dear Bell, I shall be happy to

come and dine with you?"

{50} ROBINSON'S PRACTICE.

_The Practice in Courts of Law and Equity in Virginia. By Conway

Robinson. Vol. II, containing Practice in suits in Equity, pp. 648.

Richmond: Printed by Samuel Shepherd. 1835._

The first volume of this work came out about three years ago; and

received so earnest a welcome from the legal profession, that the

author's tardiness in producing the second might be matter of wonder,

were not his devoted attention to an unusually large practice well

known. The present is destined, because it deserves, to be a much

greater favorite with the law-book-reading public, than the former

volume was. The arrangement is after a better classification of

subjects; rendering it easier to find the doctrine desired, on any

given point: and there is a larger proportion of valuable

matter--matter not to be found in the Revised Code, or in Tate's

Digest. Indeed there are few works, more copiously filled with useful,

and _not-too-obvious_ learning. Industry and research are the author's

manifest characteristics. He is a real _brownie_--if not for

supernatural speed of workmanship, at least in the world of trouble he

will save his brethren. Here, within 442 pages (for the other 206 of

this tome--_horresco referens_--are _index_,) he has compressed

matter, and inestimable matter too, for which the practitioner would

otherwise have to hunt through, not only the thirty volumes of

Virginia Reports (counting Chancellor Wythe's) but the numberless ones

of New York, Massachusetts, the Federal Courts, and England.

In his _abstracts of cases_, the author is, in the main, particularly

successful. Not only does he give them with a clearness, (the result

of brevity, effected by discarding non-essentials) which we would

gladly see judges and reporters emulate,--but he sometimes gathers

from them doctrines, which the reporter has overlooked, and which a

cursory reader would therefore be little apt to discover. For example,

in pp. 20, 21, he states these two points, as decided in the case of

_Blow_ v. _Maynard_, 2 Leigh, 21: 1st, That a fraudulent donee of

personalty is accountable for it and its increase, and also for hires,

and profits, accruing since the donor's death, as executor _de son

tort_; just as a rightful executor would be, who had taken possession

at the donor's death: and 2d, That a _privy_ to the fraud, who shared

with the donee the profits of the property fraudulently conveyed, is

accountable jointly with the donee. Now the reporter in his marginal

summary of the case, does not mention these as among the points

decided; though in the decree of the court (2 Leigh, p. 67,) they

manifestly appear. Again--in the case of _Tod_ v. _Baylor_, (as now

reported in 4 Leigh, 498,) it is not said, at all, that _only two of

the judges concurred_ in the third point there stated as adjudged. But

our author tells us so, (p. 10,) and we are thus enabled to estimate

the authority at its true value--as _persuasive_ only,--not

_obligatory_, in other cases.

The mechanical execution of the book does infinite credit to the

printer. The typography is unsurpassed; and the paper is white, pure,

and firm, so as to receive notes of the pen without blotting--a great

merit in law books.

If it were only to shew that we are free of our craft as critics, we

must find some fault with this work: premising, that _merit_ is its

_staple_; and that, if more of the criticism be occupied with its

faults, it is chiefly because they are somewhat hard to detect, amidst

the pile of excellences. The chaff, this time, is hidden by the wheat.

There is _not enough compression_ in some parts. In this volume, it is

true, not a tithe of the statute law is quoted, that over-burthens the

former one: but when he does cite a statute, the author still gives it

to us in all the exuberance of legislative verbosity. Thus, he fills

the third part of a page with the law of _lapsing legacies_; (p. 91)

when, considering that only the _substance_ was essential--especially

as every owner of the book may be supposed to have the Code also--it

might more clearly, and as satisfactorily, have been couched in five

lines, as follows: "When a legatee or devisee, descended from the

testator, dies before him, leaving any descendant who survives him;

the legacy or devise shall vest in such surviving descendant, as if

the legatee or devisee had survived the testator, and then died

unmarried and intestate." And he takes _three quarters of a page_

(copied from the Revised Code) to say that "a surety may in writing

notify the creditor to sue upon the bond, bill, or note, which binds

the surety; and unless the creditor sue in reasonable time, and

proceed with due diligence to recover the sum due, the surety shall be

exonerated." (pp. 132, 133.) In the name of all that is reasonable,

why should not a writer disencumber his pages of the rubbish of

_howbeit_, _provided_, _nevertheless_, _notwithstanding_, and

_aforesaid_, when, by doing so, he might save himself and his readers

so much time and toil?

Some quarrel, too, we have, with the _judicial_ law, which principally

fills the book. It is too _mere a digest of cases_. A head in the

Table of Contents refers us to a page, where we expect to find a full

elementary exposition of at least the leading doctrines that fall

under that head: but we see perhaps only a single _case_, or a judge's

_dictum_, not at all realizing the promise of the reference, by

unfolding all pertinent general principles. Thus, under the caption,

"WHEN A STATEMENT OF A TRANSACTION MUST BE TAKEN ALTOGETHER," instead

of finding a general rule laid down on the point indicated, we find

only a case briefly stated, from which we are left to deduce a rule,

_if we can_. (pp. 329, 330.) Under the very next head, the well

established principle, that 'an Answer is no evidence for the

defendant, as to any thing it affirms, not responsive to the

allegations of the Bill, but that it _is_ evidence, so far as it

responds to those allegations'--is whittled away to the position, that

it is not evidence as to any affirmative matter, touching which the

Bill _seeks no discovery_. Now, if the Bill positively alleges one

thing (whether it calls for a _discovery_ or not,) and the answer as

positively alleges the reverse; such denial stands for proof, and must

be rebutted by testimony: and so, we conceive, do the cases clearly

evince, which are cited by our author himself; _Beckwith_ v. _Butler_,

_Paynes_ v. _Coles_ (see 1 Munf. 379, 389, 397,) and even _Taylor_ v.

_Moore_, whence he quotes (and quotes truly) in the form of a judge's

_dictum_, the position in question--not to speak of 1 Call, 224, 390;

the _dicta_ of Roane and Carrington in the case of _Rowton_ v.

_Rowton_, 1 Hen. and Munf.; and many other authorities. The principle,

in its true extent, is well illustrated by the case cited from {51}

1 Johnson's Reports, 580, where an Answer alleging usury, of which the

Bill had said nothing, was held _no evidence_. The case from 2 Leigh,

29, is infelicitously adduced. The _point_ professedly quoted from it

was not there adjudged: it was only maintained by _one judge_, who (we

say it with a deference heightened by affection, as well as by

respect) seems to us to have therein gainsayed the well settled

doctrine we have referred to, and therefore to have _erred_. The

Answer, there, (see 2 Leigh, 35, 36) was responsive to the Bill, and

must have prevailed against it, but for the numerous and weighty

countervailing circumstances detailed by that judge himself. (pp. 49

to 53.) The _deed_ in controversy was stamped with more badges of

fraud than are enumerated in the celebrated _Twyne's Case_. These,

doubtless, and not any doubt as to the legal effect of the Answer,

satisfied the minds of the other judges, who merely agreed in

pronouncing the deed fraudulent, without assigning reasons.

Some omissions in so comprehensive a work, were to be expected--indeed

were unavoidable. Not in the spirit of censure, therefore, but merely

to awaken the author's attention in his next edition, or in his next

production, we remark, that he has overlooked an important decision;

(in 2 Leigh, 370,) 'that a tenant, whose goods are wrongfully

distrained, cannot obtain relief in equity, unless he shew good reason

for not having brought his action of replevin.'

Divers other topics we were minded to discuss with our intelligent

author: but on glancing over our two last paragraphs, we are struck

with fear lest our unprofessional readers may have been already

offended at the strong _smell of the shop_, discernible in what we

have produced; and stop their ears against the technical dissonance of

----"sounds uncouth, and accents dry,

That grate the soul of harmony."

But we cannot let the _Index_ pass unreproved. Its length--the length

of its _indicating_ sentences--and the utter absence of any

_sub-alphabetical_ arrangement--in a great degree frustrate its use as

an index. We can find what we want nearly as well by the 'Contents.'

After all our censures, however--or cavils, if the author

pleases--there remains to him so large a residue of solid desert, that

he cannot miss the small deduction we have made. His book is one which

we would advise every lawyer, in Virginia at least, to buy; and even

those in other states--the Western, especially, whose Chancery systems

most resemble ours--can hardly find one that will aid them so much in

disentangling the intricacies of Chancery Practice. Never have we paid

the price of a commodity more ungrudgingly.

The southern literary messenger, Vol. II., No. 1, December, 1835 · 第 80 / 106 题