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A SUMMARY OF THE ROMAN CIVIL LAW. Illustrated by Commentaries
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HORTENSIUS: An Historical Essay on the Office and Duties of an Advocate.
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Second and greatly improved Edition. Demy 8vo, cloth, 6s. TABLE OF THE ENGLISH DEATH DUTIES. Showing at a glance the incidence of the English Death Duties (the Probate, Legacy, Succession, Account, the Temporary Estate Duties, and the Estate Duties under the Finance Acts, 1894 and 1896), with reference to the sections of Statutes imposing them, the Forms used in their payment; and at what date of death each or any become payable. With various useful notes and references to decisions. Designed as a means of easy and quick reference to these complicated Duties. By E. HARRIS, of the Legacy and Succession Duty Department, Somerset House. Third Edition, revised. Demy 8vo, cloth, 155.

SCRUTTON'S LAW OF COPYRIGHT, including the American Copyright Act, the Berne Convention, the Consequent Order in Council, and Cases to Date; also Reference to, and Explanation of, the Customs Act of 1876, relating to the Importation of Pirated Editions of English Copyright Books by the British Colonies. By THOMAS EDWARD SCRUTTON, M.A., LL.B., Barrister-at-Law, Author of The Merchant Shipping Act, 1894,' 'Charter-Parties and Bills of Lading,' &c., and Lecturer in Common Law to the Incorporated Law Society.

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HIS, the most important LAW WORK ever undertaken in England, is not only an amalgamation, but a thorough revision of the well-known 'FISHER'S COMMON LAW DIGEST' and 'CHITTY'S EQUITY INDEX,' and forms a complete Digest of all reported Decisions down to the end of the year 1897.

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Lists of Cases followed, overruled, questioned, &c., have been omitted from this DIGEST, but the Publishers intend to bring out a New Edition of Dale and Lehmann's 'Overruled Cases,' by W. A. G. WOODS and J. RITCHIE, Barristers-at-Law.

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THE

LAW QUARTERLY

REVIEW.

No. LIX. July, 1899.

NOTES.

NOME of our readers and correspondents appear to have overlooked the notice as to the change in our date of publication which appeared in the January number. We therefore beg to repeat that the LAW QUARTERLY REVIEW is now-for the reasons of convenience then stated-issued on the fifteenth day of the month of which it is dated.

The effect of the two decisions of the Court of Appeal in the picketing case of Lyons v. Wilkins, '96, 1 Ch. 811, '99, 1 Ch. 255, has been to add a new auxiliary jurisdiction by way of injunction, in aid of a criminal statute, to the sufficiently various duties of the Chancery Division. See Charnock v. Court, '99, 2 Ch. 35. We cannot discuss in the compass of a brief note whether this is on the whole a good thing or not, but we do not believe it was in the contemplation of Parliament when the Conspiracy and Protection of Property Act, 1875, was passed.

'If a judgment is pronounced by a foreign Court over persons within its jurisdiction and in a matter with which it is competent to deal, English Courts never investigate the propriety of the proceedings in the foreign Court, unless they offend against English views of substantial justice. . . . There is no doubt that the Courts of this country will not enforce the decisions of foreign Courts which have no jurisdiction in the sense above explained, i. e. over the subject-matter or over the persons brought before them. But the jurisdiction which alone is important in these matters is the competence of the Court in an international sense, i. e. its territorial competence over the subject-matter and over the defendant. Its competence or jurisdiction in any other sense is not regarded as material by the Courts of this country.'

These words from the admirable judgment of Lindley M.R.

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exactly sum up the effect of Pemberton v. Hughes, '99, 1 Ch. 781, 68 L. J. Ch. 281, C. A., which we understand will not be the subject of a further appeal.

Pemberton v. Hughes will be a leading case. It carries out to its full and legitimate result the principle implied in, if not absolutely established by Vanquelin v. Bouard (1863) 15 C. B. N. S. 341, and Doglioni v. Crispin (1866) L. R. 1 H. L. 301, viz. that where the Courts of a foreign country have according to the principles maintained by English tribunals jurisdiction to pronounce judgment upon a given matter and between the parties whose interests are involved, i. e. are, from an international point of view, Courts of competent jurisdiction, a judgment by a Court of that country will be in England treated as conclusive even though the judgment may be grounded upon some mistake of the Court as to municipal procedure or law. The logical maintenance of this principle no doubt may occasionally lead, as pointed out by the Master of the Rolls, to the apparently paradoxical result that the decree of a foreign Court is here treated with more respect than it is entitled to in the country where it was pronounced. But the paradox is merely apparent, and the doctrine stated with singular clearness in Pemberton v. Hughes is a legitimate application of what has been termed the principle of effectiveness (see Dicey, Conflict of Laws, p. 40).

The Royal College of Surgeons must, it appears, as far as the Court of Appeal can decide the matter, pay the so-called corporation duty (In re Royal College of Surgeons of England, '99, 1 Q. B. 871, 68 L. J. Q. B. 613, C. A.) imposed by the Customs and Inland Revenue Act, 1885 (48 & 49 Vict. c. 51), s. 11, whilst the Institution of Civil Engineers (Inland Revenue Commissioners v. Forrest (1890) 15 App. Cas. 334) is not liable to the tax. We have little doubt that the decision of the Court of Appeal, consisting of such judges as A. L. Smith, Collins, and Romer L.JJ., is right, and we have equally little doubt that the members of the College of Surgeons feel that they have a grievance. What ground of national policy can there be for giving greater immunities to the Institution of Civil Engineers than to that equally respectable and far more useful body, the College of Surgeons? Though the decision of the Court is, we incline to believe, right and justified by the wording of the enactment on which it is grounded, we confess that the line which divides the case of the Surgeons from that of the Civil Engineers is a very fine one, and the distinction between the two hard to justify on grounds of expediency.

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