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1, International law; 2, Constitutional law ; 3, Colonial law ; 4, Administrative law ; 5, Ecclesiastical law ; and, 6, Criminal law. The second branch, private law, embraces: 1, The law of Property; 2, The law of Torts; 3, The law of Contracts; 4, Commercial law ; 5, The law of Persons; 6, The administration of justice in courts of equity; and, 7, The administration of justice in courts of common law. Each of these heads is succinctly explained. We do not think this arrangement so defective as that which it is intended to supercede; neither do we think it so scientific and philosophical as one might be made ; but it perhaps will be found more practically successful, than either the old system, or any new one founded in a mere theory. With what propriety and upon what principle the professor proposes to treat of proceedings in equity, before proceedings at law, we are unable to see. It seems to us, that it would be as hopeless an undertaking to make one comprehend the former, without a previous knowledge of the latter, as it would be to explain the law of pleas in abatement, before treating of the subject of actions in general. We have been much pleased with the liberal and enlightened views which manifest themselves on every page of this well written production.
7.—Entwurf eines Strafgesetzbuchs für das Grossherzogthum Hessen. Uebergelegen an die zweite Kammer der Stände des Grossherzogthums Hessen. Darmstadt, April 22, 1839.
This project is an additional example of the demand for legislative labors, for the improvement of the criminal law, in the states of Germany. It is divided into two parts, a general and a particular part, and consists of sixty-eight titles and four hundred and forty-eight articles; and was prepared in pursuance of an ordinance of June 30, 1836. It is accompanied by a short exposition, drawn up by the ministerial counsellor, Dr. Breidenbach.
8.—The Attorney General's Annual Report, 1840.
In pursuance of the statute of 1839, ch. 157, the attorney general of Massachusetts has considerably enlarged and improved his report of the present year, by the addition of a great number of new facts connected with the perpetration and punishment of crimes. An increased attention to what is called the statistics of crime, whether on the part of the government or its officers, is gratifying; and will, it is to be hoped, contribute some day to bring about those improvements in the criminal law and its application, which are now but little more than hoped for; albeit the contempt expressed by the author of “Chartism,” for “Statistic Science,” be not wholly unfounded.
9.—Reports of Cases in Chancery, argued and determined in the Court of Appeals and Court of Errors, of South Carolina, from December, 1838, to May, 1839, both inclusive. By WILLIAM Rice, State Reporter. Charleston : Printed by Burges & James, 1839. In our last number we noticed Mr. Rice's first volume of law reports, and then took occasion to quote that part of his preface, in which the present judicial organization of the state of South Carolina is described. The volume before us contains the equity cases, both in the court of appeals, and in the court of errors, for the period mentioned in its title. The duties of the reporter, in the preparation and publication of the equity cases, are the same as those which are required of him in regard to the cases at law. He is to publish only the decisions, and not the arguments of counsel. And he is required by law to do this within a year from the time when the decisions are pronounced. Understanding this requisition as Mr. Rice does, and publishing his cases in volumes instead of numbers, the practical operation of the provision is, that he is obliged to publish some of the cases, within six months of the time of their decision. This circumstance is alluded to by Mr. Rice, in his preface to the present volume, with the remark, that if the requisition applied only to “the publication of either the law or equity reports, separately and exclusively, it is believed that this period would afford little time enough to enable the reporter to bestow that carefulness and diligence in the performance of his duties, which their importance, as well as a
regard to his own reputation, would seem to require.” If any apology, therefore, were needed for any deficiency in the execution of his task, Mr. Rice might reasonably enough find it in the shortness of the time allowed him. But we see no traces of any such deficiency in the volume before us; and we are not disposed to think less favorably of Mr. Rice's qualifications for the office of reporter, from the present specimen of his labors, than we expressed ourselves in our notice of his law reports. Of the cases themselves, we have not given them so thorough an examination as to be able to speak of their importance and value. Some of them will be found in the digest of cases contained in our present number. As the compensation allowed by the state of South Carolina, for the performance of the duties of reporter, “is barely adequate to defray the expense of printing,” we trust the reporter will receive a reward for his labors, by an extensive sale of his publications.
10.-Bibliotheca Juridica, oder Verzeichniss aller brauchbaren in tilterer und neuerer Zeit, besonders aber vom Jahre 1750 bis zu Mitte des Jahres 1839 in Deutschland erschienenen Werke iber alle Theile der Rechtsgelehrsamkeit und deren Hilfswissenchaften. Zuerst herausgegeben von THEoD. CHRIST. FRIEDR. ENSLEN. Von neuem gānzlich umgearbeitete Zweite Auflage von WILHELM ENGELMANN. Nebst einem vollständigem Materienregister. Leipzig, Verlag von Wilhelm Engelmann, 1840.
Though this work, which purports to give the titles of all the usual works of jurisprudence published in Germany, both in ancient and modern times, and especially from the year 1750 to the year 1839, makes no pretension to a scientific character, being in fact nothing more than a bookseller's catalogue, prepared and arranged by a bookseller, we have no doubt it will be found quite as useful and quite as easily consulted, as the much larger and more pretending works of Lipenius and his continuators. The index of subjects appears to be prepared with great care, and, though alphabetically arranged, is sufficiently scientific for all the purposes which it has in view. The immense number of works, the titles of which are contained in this catalogue, would afford convincing proofs, if any such were needed, of the great industry of the German authors, and the prodigious activity of the German press.
11.-Code de Commerce du Royaume de Hollande, traduit par M. WILLEM WINTGENs, avocat a la haule cour de la Hage, précédé des lois nouvelles sur l'organization judiciaire du royaume de Hollande et du title du code de procedure civile, relatif a la contrainte par corps. Rennes, Paris, A la Hage, 1839.
This volume constitutes the seventh number of Mr. Victor Foucher's Collection of the Civil and Criminal Laws of Modern States. It contains the new commercial code of Holland, preceded by several other laws, which, as the editor remarks, are its “indispensable complement.” Mr. Foucher's advertisement being short, we give it entire :
“The commercial code, which is here presented to the public, has been in operation since the first of October, 1838. Its first titles were submitted to the chambers of the kingdom of the Netherlands on the twenty-second of October, 1822, and the concluding ones were adopted on the eleventh of August, 1826. In consequence of the revolution, which separated Belgium from Holland, the execution of the code was suspended; and time was afforded for a complete revision, by turning to account the observations and the labors, of which it had been made the subject by several distinguished jurisconsults. The legislative work, which has gone through this double ordeal, is without doubt the most complete in commercial matters, and, especially, in regard to every thing which concerns maritime commerce.
“It is gratifying to observe, that the old French ordinances and the commercial code of our country are also the foundations upon which the Netherlandish law has been built; it must at the same time be acknowledged, that the Dutch legislator has introduced into it many important modifications, and has completed its provisions by a great number of new ones, worthy of one of the first commercial nations of the world. The commercial code of Holland contains nine hundred and twenty-three articles; the French code, which is much shorter, has but six hundred and forty-eight.
“We are indebted for the translation of this code to William Wintgens, doctor of laws, of the Hague, to whom we here express our thanks; but we have found it necessary to add several other laws, which are its indispensable complement, especially considering the provisions of article 357, which require that every captain of a ship should have on board a copy of the code. These additions are: “1. The new laws of the judicial organization of the kingdom of Holland; these laws make known the organization and the limits of the competence of each jurisdiction; “2. Those articles of the civil code, which are referred to in the commercial code, and which explain its provisions; these articles are inserted as notes to the corresponding articles of the commercial code; “3. The title of the new code of procedure, relative to constraint by means of the body. “This volume, therefore, which we deliver to the public as the seventh number of our collection of the civil and criminal laws of modern states, will serve at the same time not only as a manual for every person engaged in commercial pursuits, but also for every captain in relation with Holland, or navigating within her possessions.”
12.-Acte public sur la Revendication des Meubles, présénté a la Faculté de Droit de Strasbourg, et soutenu le samedi 31 aout 1839, a trois heures et demie, pour obtenir le grade de docteur, par JEAN-CHARLEs-EDOUARD DESTRAIs, avocat, de Strasbourg (département du Bas-Rhin.) Strasbourg : Silbermann, 1839.
“The distinctive character of the right of property,’” says the writer of this learned dissertation, “according to the Romans, consisted in the rigorous power of pursuing a thing in the hands of third persons: non videtur suum esse quod vindicari non possit, is the language of the Digest (34, 2, 27, § 2); and, for their eminently practical mind, this was perhaps a sufficient definition of the right of property. The action accorded for this purpose to the lawful owner was denominated in the Roman law rei vindicatio (revendication).” The subject of revendication is considered at length in the work before us, under the several heads of Roman law, German law, Ancient French law, the civil code, the commercial code, and the positive law of nations. The term revendication, like some titles in our English common law, seems to be quite general, and to embrace many subjects under it,
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