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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 älterer und neuerer Zeit, besonders aber vom Jahre 1750 bis zu Mitte des Jahres 1839 in Deutschland erschienenen Werke über alle Theile der Rechtsgelehrsamkeit und deren Hülfswissenchaften. Zuerst herausgegeben von THEOD. CHRIST. FRIEDR. ENSLEN. Von neuem gänzlich 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 haute 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 Wint

gens, 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, 31

VOL. XXIII.- -NO. XLVI.

which it would be impossible to consider with any scientific accuracy, under such a rubric; any more than it would be to discuss the various relations of property, and questions arising under them in our law, under the head of replevin. Notwithstanding this difficulty, the various subjects connected with the rei vindicatio are treated with much fulness and discrimination, and in a very interesting manner in the public act of Mr. Destrais. We wish it was the custom to require similar public acts of those who are admitted to academic honors in our law schools.

10.-Entwurf eines Strafgesetzbuchs für die Republik Bern. Bern, 1839.

This project of a criminal code for the republic of Berne, according to a constitutional provision (§ 54), was made known through the press, and every one invited to send his remarks upon it, in writing, to the president of the legislative commission on or before the first of September, 1839. The criticisms thus obtained were then laid before the great council by the legislative commission, accompanied by the project. Like most of the recent projects, which we have seen, that have been prepared in the different states of continental Europe, this code is divided into two parts:-a general, containing general provisions concerning crimes and their punishment, and a particular part, containing an enumeration and definition of all the particular crimes and their punishment. The whole code consists of two hundred and seventy-nine sections.

11.—Dell' uso e dell' Autorita delle Leggi del Regno delle due Sicilie, considerate nelle relatizoni con le Persone e col Territorio degli Stranieri. Opera di NICCOLA Rocco, relatore presso la Consulta Generale del Regno. Napoli, 1837.

This is an Italian work on the Conflict of Laws, viewed particularly in connexion with the laws of the kingdom of the Two Sicilies, in which country it must have considerable practical utility; though in other countries it will, probably, only interest the few who pursue our profession as a science. Unlike the work

of Mr. Justice Story on this subject, it has no international character; it is yet, from the extent and variety of its research, and the universality of its principles, adapted in a greater or less degree to all countries. The author, notwithstanding, has considered his subject carefully, gradually moving from point to point, and presented many interesting discussions of some of the great rules of this branch of jurisprudence. He has not, however, allowed himself to be carried abroad, into foreign countries, to consult other than domestic sources, except in comparatively few cases. The English and American jurisprudence is not referred to; though the works of John Locke are quoted.

The work is divided into three books. The first treats of some general matters, which lie at the foundation of this subject, beginning with the reasons of laws, and why man submits to their control; the different qualities of personal and real statutes; the nature of civil and political rights, with the conclusion that foreigners in a country can only exercise civil rights; the nature and different qualities of public offices, and which among them may be filled by foreigners; the capacity of foreigners to give testimony; different sorts of foreigners'; nations required to be naturalized in the kingdom of the Two Sicilies. This book closes with the establishment of two grand principles of the science, which are derived from what is called political law, diritto politico-public policy; the other from international; the first regulates the power of the laws of a country over the persons of foreigners; the second, over foreign territory.

We will not follow the author through the second and third books, which take up successively the two grand principles which form the conclusion of the first book, and view them in a variety of bearings, treating of different cases that may arise under them. We have been pleased to find, in many of the discussions, that acuteness, elegance, and systematic manner, which so eminently characterize the great Italian jurists of the last century, and show the author to be a worthy countryman of Romagnosi.

It will be observed, that our author bears the same name with the Italian jurist, to whom we were indebted several centuries ago for a little Latin treatise.

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