Slike strani

instance, the remarkable form on page 485 giving the suitable statement of "Publicly exposing to Sale and selling a Wife." This is included in the part treating of Indictable Offences, but we have been unable to find any precedent for the case in Archbold, and so are glad to be able to refer anyone who may require it to the above reference. This, of course, shows the completeness of the work, as it even includes what must be a very rare offence. The forms are divided into three great divisions, namely, forms for Summary Convictions and Orders, which take up nearly half the book, forms for Indictable Offences, and forms for other Proceedings out of Sessions. Add to these 776 pages of Forms, a good Index, and you have a book the value of which to a busy Justice cannot well be over-estimated.

Thirty-eighth Edition. Every Man's own Lawyer.

Crosby, Lockwood and Son. 1901.

This hardy Annual has been carefully revised and includes the most important legislation of the past year. Considering the amount of information in it, and the short space it is necessarily able to give to each subject it seems very accurate; but we notice that the statements as to the appointment of a Clerk of the Peace, and the liability of spectators at a prize fight, are still not quite right. Though the book is likely to be of considerable use to laymen in not very important matters, we should recommend them to read the introduction before trusting too implicitly to the tempting announcement on the cover "No more Lawyer's Bills."





Revisione Critica delle più recente Teorie su le Origini del Diritto. Pp. 188. Rome, 1901.

Del Concetto Teorico della Societá Civile. Pp. 35. Rome, 1901.

The first of these is a thesis by a lady Doctor of Law (Dott. Teresa Labriola), which was successful in entitling her to the right of libera docenza. It is Hegelian in spirit, the main point. being that the philosophy of law cannot be disconnected from the philosophy of history. The second is an academic address by the same lady, the point of which is the necessity of including in the study of the philosophy of law a revision of the fundamental conceptions of law, a criticism of existing law, and an anticipation. of law in process of formation.

Les Territoires Africains et les Conventions Franco-Anglaises. By E. ROUARD DE CARD, Professeur de Droit Civil à l'Université de Toulouse. Pp. 242. Paris, 1901.

The view of a patriotic Frenchman on the position of Great Britain and France in Africa. We may or may not agree with his opinions, but there is no doubt as to the value of the maps and of the text of the various treaties and conventions contained in the book. It forms vol. xxxviii. of the Bibliothèque Internationale et Diplomatique, published by M. Pedone at Rue Soufflot, 17.

La Nuova Legge Comunale e Provinciale. By ENRICO MAZZOCCOLO (4th ed.) Pp. xi., 819. Milan, 1901.

A commentary on the law of 4 May, 1898, No. 164, interesting to those who have followed the development of local government in Italy. Compare with the English system the payment of travelling expenses in certain cases and the representative vote, where, for instance, the husband votes in respect of property owned by the wife.

Il Codice del Teatro. By NICOLA TABANELLI. Pp. xi., 328. Milan, 1901.

This book, like the last, is the production of the well-known house of Hoepli. It is a curious little work on certain legal questions connected with the theatre, viz., the legal relations between author and manager, the rights and duties of the audience, and the rights and duties of ticket-holders and subscribers. Some amusement may be derived from it, especially where it discusses the history and law of hissing, the illegality of contracts with the claque, and the pressing need of legislation on the delicate matter of ladies' theatrical head-gear.


Journal du Droit International Privé. 1900. Nos. VII.—XII. Paris.

Professor Fiore concludes his learned paper on the international aspect of quasi-contract and quasi-delict. M. Emile Stocquart, well known for his researches in English law, contributes a terse but correct sketch of the history of the testamentary capacity of the married woman in England. Several interesting cases are reported. A court at Klagenfort, in Austria, decided that an action for breach of promise of marriage will not lie where the plaintiff and defendant have been guilty of adultery. An Antwerp

court interprets the words, "a working day of twenty-four hours" in an English charter-party to mean any consecutive period of twentyfour hours, not necessarily a calendar day. The Court of Appeal of Brussels in a case of Sandron v. Sandron (26th March, 1900), decided that a will executed by a Belgian in England in the English form can be accepted as evidence of the wishes of the deceased without being admitted to probate in England, provided that it be duly executed in accordance with the Wills Act. In the Swiss decisions the reader is struck with the prominence of extradition questions. Switzerland is, no doubt, a very convenient refuge for criminals of all nations. An unusually readable number is concluded by a full and complete record of the proceedings of the International Peace Conference and of the conventions arising out of it. An article by Dr. Basdevent on the belligerent right of arrest of individuals on the high seas deals with some recent cases. Several decisions of importance are reported, and afford ground for comparison with English law. Creditors may, if their interests be concerned, apply to have a marriage declared void in France (p. 969). The validity of a gift made in England is determined by a French Court according to English law (p. 977). A Circuit Court of Appeal in the United States held that it could not in its admiralty jurisdiction entertain a claim for damages by representatives of a passenger by the ill-fated La Bourgogne (p. 1019). The short law of 1st December, 1900, admitting women to the French bar is set out at p. 1099. It runs thus: "From and after the promulgation of the present law, women furnished with diplomas of licencié en droit shall be admitted to take the oath prescribed by Act 31 of the law of the 22nd Ventose of the year XII. to those who wish to be admitted advocates, and to exercise the profession of advocate under the conditions of position, discipline, and obligations regulated by the texts in force." The usual valuable bibliography completes the volume for 1900.

Deutsche Juristen-Zeitung. Oct., 1900-March, 1901. Berlin. These numbers are mainly occupied with articles on points arising out of the new Code, and with more or less academic questions, such as a proposal to constitute a Staatsgerichtshof for the Empire, and a discussion as to the advisability of abolishing the dramatic censorship. Among the decisions one or two may be picked out as raising questions of interest. A maidservant who suppresses in her Dienstbuch, or dossier of certificates and characters enforced by the police authorities, a character un

favourable to her, is guilty of the crime of falsification of documents. A man is under contract with a municipal authority to remove street refuse, a work of necessity allowed by the law regulating Sunday rest. One of the horses used in the work is shod by a smith on Sunday. The shoeing is incidental and accessory to the permissible work, and therefore not punishable. The Salvation Army is a religious association within the law, and therefore entitled to prosecute one who interrupts its services. The right is not diminished by the fact that the association keeps a lodging-house and lets beds for hire. An article on the Frisian "Daumenrecht" shows that local custom has not been entirely superseded by the Code. Some of the difficulties in the law of contract which may possibly arise from the use of the telephone are raised in an article on Willenserklärungen mittels Fernsprechers. The usual digest of leading decisions is appended to every number. A curious one is from Brunswick., viz, than an expert witness giving evidence false to his knowledge on a matter of fact cannot shelter himself from the penalties of perjury by taking advantage of the immunity given by law to expert witnesses.

Rivista di Diritto Internazionale di Legislazione Comparata. Sept.
-Dec., 1900. Naples.

This number contains a summary of an important trade-mark case decided by the Federal Tribunal of Switzerland. By Swiss law the use of a qualificative epithet diametrically opposite to the epithet of the original trade-mark may constitute unfair competition. Hence to call goods "New England" is unfair competition with those known as "Old England." A decision is reported of the Corte di Cassazione of Turin, where it was held that a marriage between a Swiss and an Italian woman in Italy can only be dissolved by death. Nor will an Italian Court, where a divorce has been decreed by the law of another State, order the decree of divorce to be recorded in the margin of the marriage certificate.

La Giustizia Penale.

Oct., 1900-Feb., 1901. Rome.

The decisions in these numbers are chiefly on points of practice and of little general interest. Professor Alimena Bernardino, of Modena, in his series of articles on the reform of the Code of Penal Procedure, makes use of frequent illustrations from English

[ocr errors]

law, e.g., the procedure in Habeas Corpus and under the Summary Jurisdiction Acts, and the functions of the coroner and the sheriff in preliminary inquiries. It is, perhaps, by some confusion with his Scottish namesake that the learned professor speaks of the sheriff as presidente della corte d'assise. It is always instructive to see how our institutions strike a foreign jurist, and with this slight exception the writer's English law seems very correct. The project of a law against usury (p. 114) should be compared with the recent English Act, which possibly may have been consulted by the Italian draftsman. It seems to be framed on very much the same lines, as far as regards the jurisdiction of the Court to abate the rate of interest. There is nothing about registration. One provision is peculiar. It is an offence punishable by fine and imprisonment to falsely denounce a person as a habitual usurer. There is a review of a work by Signor A. Cutrera on the Mafia, in which we have an attempted definition of the mysterious word. It is "the exaggeration of the sentiment of distrust of justice," and so seems connected with lynch law.




Debrett's House of Commons and Judicial Bench, 1901. London: Dean and Sons, Ltd. (35th Year). This valuable annual forms a reliable Parliamentary guide. From the section dealing with the composition of the House of Commons, it is interesting and gratifying to note that the legal profession is, as usual, the one best represented in the House, some 142 Members being either barristers or solicitors. Full election statistics regarding the two last General Elections are given, and, to render the work complete, a condensed Peerage is added, also a full list of the Privy Council. The Judicial Bench portion of the work includes detailed biographical notices of Judges of the Superior and County Courts, Recorders, etc.

The Newspaper Press Directory and Advertiser's Guide, 1901. London: C. Mitchell and Co. (56th Year). This is a very useful work of reference, giving as it does reliable information concerning the Press in all parts of the world, Among the special articles in this volume is one by Mr. Hugh Fraser, LL.D., entitled, "The Legal Year, in its relations to the Press," which is full of interest.

Whitaker's Almanack, 1901. London: Whitaker and Sons. (33rd Annual issue). Whitaker's Almanack is so well known that it is not necessary for us to notice it in any detail. The many changes rendered necessary by the General Election, and the alterations in the sections devoted to the Service Lists, Peerage, etc., have all been carefully and accurately made. A short history of

« PrejšnjaNaprej »