it is mutually destructive. To reverse the saying of Leibnitz, each is mistaken in what he affirms, and right in what he denies. Each, in setting up one universal criterion of the proper law of a contract, is contradicted by the unanimous criticism of the rest. In face of these facts, Professor Jitta adopts an attitude of frank eclecticism. He realises that no single rule is sufficient. To a certain extent, but with a bias in favour of the law of the defendant's domicile, the same path has been found by Von Bar. And we may in Great Britain congratulate ourselves that it is practically the same as that on which our own Courts have entered. For, according to Westlake, the law applicable to a contract is in England simply the law of the country with which the particular transaction has the most real connection. It then becomes necessary to examine carefully the different kinds of contracts, and to assign each its particular criterion. This Dr. Jitta does, most elaborately, and with a rich (and accurate) store of illustration from the laws of various countries. Incidentally, we have met with few works in which the spirit and effect of English laws have been so completely and justly appreciated hy a foreign writer. The prime touchstone which Dr. Jitta employs in each case examined is the extent to which the transaction in question penetrates into the active social life of a given country. If it penetrates completely into that of the forum, it is a "national-local" transaction, and no foreign law can be competent. If into that of a foreign country, it is a "foreignlocal" transaction, and the law of the country in question should be applied. If, however, it fulfils neither requisite, it is an "international" transaction, and falls to be governed by something which, at first sight at all events, is very like the Roman jus gentium. For the Author holds that in such a case-e. g., that of a contract made by A. in Paris with B. in Perth for the delivery of coals in China— the contract is valid, not by any national law or laws, but by the fact that a substratum of law common to all civilized nations enforces the fulfilment of contracts.

We think that the idea will grow in force. Professor Jitta puts it forward with all the fascination of a graceful style, reminding the reader of the familiar and ever-charming Instituts of Ortolan. He has performed the feat of producing a book on the most obscure branch of legal study, which is actually readable and luminous. Its careful perusal may be heartily recommended.

T. B.

Du Régime des Capitulations en Turquie par Rapport à la Bulgarie. By A. CALEB, Docteur en Droit. Geneva: N. D.

This is a historical sketch of the capitulations or Abd-Namé affecting Bulgaria. Originally they constituted a minutio majestatis of Ottoman sovereignty. But to some extent they still exist in Bulgaria to the diminution of the sovereignty of that State. The relics of its old semi-sovereign position have survived the Treaty of Berlin, especially in procedure where a foreigner is a party. These relics should, M. Caleb thinks, be decently buried, as Bulgaria's conduct and progress have been such as to admit her on terms of equality into the European circle.

Lehrbuch des gewerblichen Rechtsschutzes. By Prof. Dr. A. OSTERRIETH. Leipsic: 1908.

The occasion of the publication of this work is no doubt the Congress on the Legal Protection of Industry which held a session at Düsseldorf in September last year. Dr. Osterrieth gives a history of the laws of the principal countries of the world relating to patents for inventions and the protection of trade-marks and trade names. In his English law he is good in his history—e. g., he cites Darcy v. Allain but is not quite accurate in his modern law, as he regards the Act of 1883 as the last word on the subject. It is remarkable how the Statute of Monopolies (21 Jac. I, c. 3) has served as the basis of the law of the world, for in the protection given to skilled invention by brain and hand England led the way. Göthe put the case for the outmanœuvred Germany of the day when he said that England adopted German discoveries, passed them off as her own, and patented them. He would not have needed to say so now.

L'Impossibilità della Prestazione. By Prof. M. R. BARBERIS. Milan 1907.-A short essay on the impossibility of performance of an obligation without default of the debtor. It is mainly a comparison of the clauses on the subject in various European and American codes.

PERIODICALS.

Journal du Droit International Privé. Nos. VII-X. Paris: 1907. This periodical, under the able conduct of M. Edouard Clunet, of course keeps up its high character as the leading periodical on the subject. Mr. W. F. Craies examines the cases of extradition arising in England, Canada and India from 1904 to 1906. In 1905

there were 65 applications to the British Government in 36 of which extradition orders were made (p. 965). At p. 1052 will be found a form of commission rogatoire addressed by the King's Bench Division to the Paris Court of Appeal, only the fourth instance, it is said, in 35 years. An important decision is noted at p. 1067, given by the Civil Tribunal of the Seine, that a French patent will expire when a foreign patent of the same article expires, even though the French term be legally longer (Thomson-Houston Co. v. Westinghouse Co., 17 May, 1907). A French editor and translator of an English book (America at Work), is liable in damages to the author if without the author's knowledge and permission he insert a concluding chapter which is nothing more than an advertisement of an insurance company. It is an attente portée à l'integrité de son œuvre. The attente was assessed by the Court at 1,000 francs (p. 1116). A curious case is reported at p. 1160. A Belgian and a foreigner (not English) executed in Belgium a contract in the English language, that being a common medium of communication. It was held that

the English words must be interpreted in the sens usuel of ordinary Englishmen, not in the sens tout spécial of English lawyers or marine insurance experts (Fokken v. Société Coloniale Anversoise, 18 April, 1907).

Deutsche Juristen-Zeitung. Berlin: 1 Oct.-15 Dec., 1907.Professor Finger writes on the defects of the German law of libel, especially in a recent notorious case (p. 1217). Dr. Hagens comments on what he considers a contempt of Court committed by a certain English weekly review in an article dealing with the charges to Grand Juries by two English Judges on the Criminal Appeal Act (p. 1304). On p. 1337 is a portrait and a warm appreciation of Heinrich Dernburg. At p. 1343, President Kitz enlarges on the legal dangers of the newspaper paragraph, taking as his text Göethe's Der Paragraph, ist das der heil'ge Bronnen, Woraus ein Trunk den Durst auf ewig stillt?

Dr. Hirschfeld reviews Prof. Holland's Elements of Jurisprudence (10th edition), with rather a leaning to the view that it is too English in structure, and excludes much that a German work of a similar nature would include, such as the law of nature, ethics, and the history of law. The ungeheure Mannigfaltigkeit der Rechtsverhältnisse, Dr. Hirschfeld admits, makes a complete work impossible, and English students will no doubt be glad that the limitations (Selbstbeschränkung) of the English text-book are not exceeded (p. 1101).

L'Autorità giudiziaria ed i Delitti ministeriali. dell'Accusa e dell'Arresto dell' On.

L'Illegalità

By GENNARO Rome: 27 Sept.

Nasi, etc. ESCOBEDO. Prato, 1907.-La Giustizia Penale. -29 Nov., 1907.-Signor Escobedo's work is a reprint of articles which appeared in La Giustizia Penale last year on important constitutional points raised in a recent trial of Deputies to the Chamber on a charge of electoral corruption. The trial was by the Senate constituted a High Court of Justice for the occasion. Was this the proper tribunal? Assuming it to be so, could the accused be arrested before trial, and, if so, by whose order? Could the decision be reviewed on cassation? Should not the proceedings have been in the nature of an impeachment rather than of a trial? Could the Senate declare what was and what was not within the privilege of the Members of the Chamber of Deputies? Such are among the questions discussed. Some of them, apparently new to Italian jurists, we in England have settled some time ago.

The numbers of La Giustizia Penale contain many decisions of interest to students of one of the most scientific systems of continental Europe. The crime of violence against the liberty of industry is committed by threats of evil to be inflicted by a person other than the accused (p. 1368). In a prosecution for selling adulterated wine, a society of wine growers, one of the objects of which is to preserve the genuineship of the local wine, is admissible as parte civile (p. 1398). A judgment is not bad because a judge repeats a judgment delivered by him in a previous case on similar facts (p. 1409). Perjury can be assigned only before the Court of the district where the original trial was held (p. 1638). The offence of exporting antiques and works of art may be committed by an ecclesiastical corporation—in this case the bishop and the canons of a cathedral-and the articles need not have been registered in the official catalogue compiled in pursuance of the law of 1902 (p. 1657). JAMES WILLIAMS.

WORKS OF REFERENCE.

The Lawyer's Remembrancer and Pocket Book, 1908. By ARThur Powell, K.C. London: Butterworth & Co.-Mr. Powell's useful little work has now reached its eleventh year, and has taken a well-deserved place amongst the regular legal "annuals." The present issue retains the form of its predecessors, and a glance through its contents goes to show that the book has been carefully

revised, and that new Acts passed during the last Session, and new Rules, have been duly noted. Some useful notes on the Dismissal of Servants have been inserted at the end of the book.

Fry's Royal Guide to the London Charities. Edited by JOHN LANE. London: Chatto & Windus. 1908. The present, the forty-fourth, edition of this handy work, maintains the high standard of excellence of former ones: and the form and scope of the book must be so well known that any detailed notice from us would be superfluous. Fry's Royal Guide is an invaluable work of its kind, and should be of service to solicitors and others who may be called upon to advise or assist in the bestowal of charitable gifts.

Sweet & Maxwell's Diary for Lawyers, 1908. Edited by F. A. STRINGER and J. JOHNSTON.—We have received the new issue of this excellent Diary, which appears to have been revised and brought up to date with that care which has always characterised the work of its Editors. All important alterations and additions have been made, and the work well maintains its reputation for clearness and accuracy. The diary space is ample and the paper excellent, and the various registers at the end of the book will be found extremely useful.

Books received, reviews of which have been held over owing to pressure on space-Temperley and Moore's Merchant Shipping Acts; The Laws of England, Vol I; Wang's German Civil Code; Harrison's Index to Reports of Income Tax Cases; Whitehouse and Veasey's The Companies Act 1907 and the Limited Partnerships Act 1907; Carr's Collective Ownership; Hemmant's The Companies Act 1907; Bala Singham's Law of Persons and Things; Drewitt's Bombay in the Days of George IV; Bousfield's Weights and Measures Acts; Palmer's Company Precedents, Part III; Topham's Company Law; Woods and Ritchie's Digest of Cases Over-ruled; Anson's Law and Custom of the Constitution, Vol. II, Part Ï; Every Man's Own Lawyer.

Other publications received :— The Humane Review; Rubinstein's The Land Registry Fiasco; Reports of the American Bar Association, Vol. 32; Schaffner's Initiative and Referendum and The Recall (Wisconsin Library Commission).

NOTE.-The Relationship of Landlord and Tenant. By EDGAR FOA. Inadvertently in our November number the publishers of this well-known work were stated to be Stevens & Sons. The book is published by Stevens & Haynes, 13, Bell Yard.

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