Books and Publications Received

Published date01 March 1958
Date01 March 1958
DOIhttp://doi.org/10.1111/j.1468-2230.1958.tb00470.x
220
TEE
MODERN
LAW
REVIEW
VOL.
21
SERVITUDES. By
C.
G.
RaLL,
Q.c.,
LL.D.,
Judge of Appeal
in
the
[South Africa: Juta
&
Co.,
Supreme Court of South Africa.
Ltd. 1957.
60s.
net.]
THIE
is the second edition of
a
book published under
the
joint authorship of
the present editor and
E.
A.
Kellaway in
1942.
One must frankly say that
the present edition like the first is
a
slipshod piece of work. Thus, the author
says:
'I
personal servitudes are usufruct, use and
habitatio
. .
.
and
also
personal rights
to
the enjoyment of praedial servitudes." There is no
such
thing as
a
personal right to the enjoyment of
a
praedial servitude and what
is meant is presumably, as Innes
C.J.
said in
~f'illoughby'a
Consolidated
Co.,
Ltd.
v.
Copthall
stores
(1918
A.D.
at
pp.
281-282),
that "there
are
many
instances in which South African courts have recognised
as
personal servitudes
rights which, had they been attached to the ownership of other land, would
have constituted personal servitudes." The controversy whether
a
servitude
can consist
in
facie&
is inadequately treated and
the
discussion
(p.
7)
does
not even mention what the accepted examples of such servitudes an: nor
why,
as
the author evidently thinks, they should not be generalised.
Of the cases decided in
the
fifteen years between the two editions
some
are
incorporated
in
the text, others unaccountably omitted. Thus, the important
decision on the right of lateral support in
Eat
London
Nunicipality
v.
19.A.R.
H.
(1951)
4
S.A.
466
(E.)
is not mentioned.
The
question whether
a
personal servitude can survive the death of the
dominus
is answered
differently in different passages
(pp.
146,
159)
and the author fails to
dis-
tinguish between alienability and transmissibility. In short,
8em'tvde.v
remains
little more than
a
catalogue
of
some
modern decisions.
A.
M.
HoNonfi.
Books
and Publications Received
:-
-'s
COMMERCI~L
LAW.
By
J.
A.
~LATER,
B.A.,
LL.B.
Four-
teenth Edition by
JOHN
NEVIN,
B.A.
xviii and 284 pp.
[London:
Sir
Isaac Pitman
&
Sons,
Ltd.
1957. 12s. 6d. net.]
CONDUCT
AND
ETIQUETTE
AT
THE
BAR. By W. W. BOULTON,
B.A.
Second Edition.
vi.
nnd
99
pp. [London: Butterworth
&
Co.
(Publishers), Ltd.
.
1957. 10s. 6d. net.]
WHERE
TO
LOOK
FOR
YOUR
LAW.
Twelfth 1957 Edition by C.W.
RINGROSE.
190
pp. [London: Sweet
&
Maxwell, Ltd. 7s.
6d.
Interleaved Copy 15s. net.]
HANSON'S
DEATH DUTIES. Tenth Edition. Second Cumulative
Supplement (to January
1,
1958). By
HENRY E.
SXITH,
LL.B.,
assisted by
P.
H.
FLETCHER,
LL.B.
viii
and
94
pp. [London:
Sweet
&
Maxwell, Ltd. 10s. 6d. net.]
SUPPLEMENT
m
GUIDE
TO
THE
LAW
OF
TRUSTEE SAVINGS
BANES.
Second Edition.
By
C.
H.
LAWTON,
o.B.E.,
LL.D.
65
pp. The
Savings Banks Institute,
85,
Welbeck Street, London, W.l.
1957.
4s.
SPEED-UP
LAW
REFORM. By R.
S.
W.
POLLARD.
86
pp. The
Fabian Society,
11
Dartmouth St., London, S.W.1.
1958.
8s.
THE
FUTURE
OF
LEGAL
Am.
By
PETER
BENENSON. 85 pp.
The
Fabian Society,
11
Dartmouth
St.,
London,
S.W.l.
1957.
8s.
CHARLEEWORTH
ON
NEGLIQENCE. First Supplement
to
.the
Third
Edition (to September
1,
1957).
By
J.
CHARLESWORTH,
W.D.
[London: Sweet
&
Maxwell, Ltd. 1957.
6s.
6d. net.]

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