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MAGAZINE OF AMERICAN HISTORY, for November, 1889. $5 per an743 Broadway, New York City.

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This number is rich with timely and readable papers, four of which are illustrated. The frontispiece is a new portrait of Charles Carroll of Carrollton, from a bronze medallion by Dr. Charles L. Hogeboom, and the opening article is a brief sketch of the interesting home of this last surviving signer of the Declaration of Independence, by the editor. The second illustrated contribution is "A Chapter from the History of Utah," by Hubert Howe Bancroft. The public has long been impatient for Mr. Bancroft's forthcoming work-to learn what he has to say about the many-wived episode in human progress—and will find in this appetizing chapter that he has treated the beginnings of settlement and government at Salt Lake City with masterly vigor. The photographic pictures were made for this magazine, a few weeks since, by the accomplished amateur artist, Miss Barnes, of Albany. "The Rise of a Great Masonic Library in Iowa," forms the third article, and contains much important information for readers everywhere. Iowa seems to be ahead of all other States in this line of enterprise. "The Stone Images of San Augustin," by Lieutenant Henry R. Lemly, U. S. A., will greatly interest antiquarians and scientists. "Some of the Beginnings of Delaware," ," by Rev. Wm. W. Taylor, is an able account of the early settlement of Wilmington by the Swedes. 'The First Iron Works in America," by Nathan M. Hawkes, touches one of the great manufacturing interests of the country in a most pleasing and instructive manner. "A Relic of Braddock's Field," is a short paper of value, by Zenas McDonald. "Oliver Pollock's Connection with the Conquest of Illinois in 1778," by Horace Edwin Hayden, brings a variety of new facts to light. Then comes The Thrilling Story of a British Surgeon's Imprisonment in the Revolution," contributed by Adrian Van Sinderen ; and "Land of my Birth," an excellent poem, by W. I. Crandall, completing the principal articles of a superb number. The several departments are delightfully diversified as usual with choice material. This vigorous, useful, and well conducted magazine is always sure of a host of intelligent readers.

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The Complete DIGEST.-Part I. 1889. January-July. $6.40. Digest Pub. Co., 320 Broadway, New York City.

This work goes beyond the ordinary Digests such as The Central Law Journal, The National, and similar ones, in giving synopses of Current Statutes, 589 notes and references to Current Law Publications and Periodicals, as well digesting such English cases as are of value here. Its criticised cases, numbering 350, are arranged in a table by States. These seem to be the features to be especially noticed in this review of the fourth volume of this series of Semi-Annual Digests. Continued publication, of course, speaks of success, which certainly ought to attend this undertaking. For the fourth time, we heartily commend these Digests as the best published.

THE CANADIAN LAW TIMES, E. Dougles Armour, editor. $5 per annum. Toronto: Carswell & Co.

The October number contains a brief summary of the leading articles in The American Law Register, from March, 1888, to March 1889; the conclusion of an article on the Federal Government in Canada, which is interesting in view of the future; and some Canadian Court decisions upon privileged communications, devise with restrictions upon sale by devisee, definition of “hay" from grass on Indian lands, as being from both natural and sown grass, a railway ticket that it could not be copyrighted, and others.

A TREATISE On the Law of Bills of Exchange, Promissory Notes and Checks. By Wayland E. Benjamin. Second edition. Chicago: Callaghan & Co. 1889.

The first edition of this work appeared in 1881, and was a rewritten edition of Chalmers-rewritten as Mr. Benjamin conceived Chalmers would have written, had he been an American.

This edition has been prepared with constant reference to use in law schools as a text-book, and therefore there is a plentiful variety of big type matter to be crammed, next size to be read, and smaller yet for practical use in after life. This kind of legal writing has one decisive merit; the writer is driven to clear, concise statements in his principal propositions. Of the illustrations, those under "Art. 10," we reprint here, as many lawyers interline such invalid words in their notes and checks and, worse still, permit their clients to do likewise, until some mercantile houses seem unable to draw a simple check or draft. That is, the following forms of words are invalid for the purposes intended— "Provided the terms mentioned in my letter be complied with."

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To stand as a set off for the sum bequeathed to me above the share of X."

"To be held as collateral security for the payment of the money owed him by X., if he cannot realize the other securities."

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'In consideration that he will abandon the action now pending." "Not to be demanded in the event of my death."

"Given as collateral security with agreement." [This was written on the margin.]

To use the language which has come into use from the contemplated failure of the New York Exposition of 1892, no man should make a note, check or draft with a string to it.

To return to our subject, it would be a great error to think of this book as merely a student's book. It will not supersede Byles or Story, but it is a good book, especially for those lazy souls who wish their legal thinking done for them. It furnishes the hooks upon which much legal knowledge can be hung in a comely manner.

THE FORUM. Edited by Lorettus S. Metcalf. New York: 253 Fifth avenue. 50 cents a copy; $5 a year.

There are only two articles of interest in the November number, though the table of contents shows a list of eleven in all. Of these two, American Rights in Behring Sea, by Angell, is a discussion of a legal problem in magazine style, with the naturally resulting lightness of treatment and indefiniteness of result. The writer was one of the commission appointed by the last administration to confer with the 'British Commissioners upon the Fishery question; but there is little in this article to impress the reader as a consequent of that official position. The other article is the Requirements of National Defense, by AdjutantGeneral Kelton, U. S. A. This writer advocates taking a picked number of the militia of each State for a short term of service with the regulars on the plains. The time is to be in the Summer, and doubtless there would be much learned; but why the militia should be given long rides across the country instead of moving the regulars to the different States, is not apparent. It would certainly improve the regular commissary service to be put to some practical test just where it would first be needed. In this direction, some of our subscribers doubtless have the knowledge and ability to digest from the different regimental histories, published the past few years, a very interesting and instructive story of how the troops were treated before they reached the front, in the sixties. And, moreover, as the two things troops have to do, are to march and to shoot, why not load up the wagons and strap on the knapsacks and march the militia and regulars, and by some nice, marshy piece of woods, have them drop their "extras" and get into line of battle, and charge through a meadow on some imaginary enemy. Their shoes would not look neat, their faces would be red, and they would not be learning how to bang their guns down all at once, or wink at the girls while giving the marching salute; no, of course not, but they would be having some real muscular fun that would tell when the real enemy finally turned up on our borders. Recollect in the LexingtonConcord affair of 1775, it was the farmer who could leg it around a pasture and shoot straight over a wall that nearly worried the discipline out of the British Regulars. As a mere sanatory scheme, the poverty. stricken General Government could well afford to stop digging out the back country frog ponds and mosquito hatcheries, to pay for such a glorious two weeks' tramp around the country.

THAT Atlanta lover who nearly went crazy because the laws of Georgia would not allow him to marry his mother-in-law, ought to have crossed the State line into a State that has no such laws, got married and then gone home with his wife. There is no law against living in Georgia with a wife married in another State, according to the laws of that State. That is the way Indiana cousins evade our Indiana law, which forbids the marrying of cousins.—The Indianapolis Fournal.

Kent 515–548.

Law Studies.

Sources of Municipal Law.

November, 1889.

The Civil Law." The history of the venerable system of the civil law is peculiarly interesting. It was created and gradually matured on the banks of the Tiber, by the successive wisdom of Roman statesmen, magistrates, and sages; and after governing the greatest people in the ancient world for the space of thirteen or fourteen centuries, and undergoing extraordinary vicissitudes after the fall of the Western Empire, it was revived, admired, and studied, in modern Europe, on account of the variety and excellence of its general principles."

Ancient Roman jurisprudence from the founding of Rome to the time of the twelve tables. The genius of their form of government made known and exercised before their kings were expelled. Division of the people, forms and powers of the governing bodies. Six classes and 193 centuries.

The comitia centuriata-Establishment of the republic, institution of the tribunes. Transfer of administration of justice from kings to consuls. The Valerian law. Dictator's powers. Commission to revise the laws.

The Twelve Tables.-They were written in a brief style, engrossed on wood, brass or ivory.

Legal Forms.-Introduced to aid the patricians to continue in power, gave order and certainty to procedure, abolished by Constantine. Prætorian Law.-Edicts of the prætors; and as every prætor, on enter

ing upon his office, had to publish the rules and forms he intended carrying out during his term, and as he had no power to change them, they added certainty to the administration of law.

Responsa Prudentum.-Opinions of lawyers, another source of Roman jurisprudence. Interpreters of the law, members of the college of pontifices. At first gratuitous, but gradually became a public profession and a regular science.

"In the Augustan age, the body of the Roman law had grown to immense magnitude. ** The Roman civilians began very early to make collections and digests of the law. Servius Sulpicius left behind him nearly 180 volumes upon the civil law."

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"The imperial constitutions or judgments of the period were promulgated in three ways: Ist. By rescript, or letter in answer to petitions, or to a distant magistrate. 2d. By decrees passed by the emperor on a public hearing in a court of justice. 3d. By edict or mere voluntary ordinances." The profession of the law was held in high esteem under the emperors, and during the second and third centuries the science of jurisprudence was elevated higher than it ever has been in any other age, or among any other people."

Hadrian's design of a legal system. The Theodosian code.

Corpus Juris Civilis." The compilations made under Justinian, and which constitute the existing body of the civil law, consist of the following works, and which I shall mention in the order in which they were originally published:

Code.-Compiled in twelve books by a committee of nine, preserving imperial statutes from Hadrian to Justinian.

Institutes.-Tribornian's collection into four books of the elements of the Roman law, mostly from the writings of Gaius.

Digests or Pandects.—An abridgment into fifty books of the decisions of prætors, and the writings and opinions of the sages, covering twelve hundred years.

Novels.-Were the new imperial statutes, the most valuable to the English and American student being No. 118, on distribution of decedents' estates.

The civil law was nearly lost under the invasion of the empire by the northern barbarians, but its study revived under an alleged discovery of the Pandects at Amalphi in the twelth century. Reception into England.—“The civil law had followed the progress of the Roman power into ancient Britain, and it was administered there by such an illustrious pretorian prefect as Papinian. After the Roman jurisprudence had been expelled by the arms of the northern barbarians, and supplanted by the crude institutions of the Anglo-Saxons, it was again introduced into the island, upon the recovery of the Pandects, and taught in the first instance, with the same zeal as on the continent."

Its Merits.-"Upon subjects relating to private rights and personal contracts, and the duties which flow from them, there is no system of law in which principles are investigated with more good sense, or declared and enforced with more accurate and impartial justice. ** The whole body of the civil law will excite never-failing curiosity, and receive the homage of scholars as a singular monument of wisdom."

Questions.

1. When and by whom was the Roman or civil law collected and digested?

2. In what countries does it constitute the basis of their unwritten or common law?

3. What period covers ancient Roman law?

4. Give the divisions and powers of the Roman people?

5. What was the comitia centuriata?

6. What change brought about by the tribunes?

7. What was the Valerian law, and how analogous to our habeas corpus act?

8. What gave rise to or called forth the twelve tables of the Roman law, and what were they, and how written?

9. What judicial forms were introduced soon after the adoption of the twelve tables, and what effect did they have?

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