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alis, by Mr. Hello, advocate-general in the court of cassation;– Of history and philosophy in the study of civil law, by Mr. Gustavus Bressoles, doctor in law;-On the influence of christianity on law, by Mr. Pouhaër, advocate;—On the attack upon manners, prohibited by art. 334, of the penal code, by Mr. Gastambide ;On the present state of European legislation, in the matter of marriage, by Mittermaier, of Heidelberg;-History of the public and private law of France, chap. iv.;-Christianity, (from an unpublished manuscript of Henry Klimrath);-Question of administrative law by Mr. de Cormenin, (article by Mr. Sacase):—History of advocates in Belgium, by the baron St. Genois, (article by Mr. Rapetti);-On the necessity of putting a distinct question to the jury, concerning the sufficiency of the proof of defamatory facts, alleged against a public functionary; by Mr. Lelong;Proceedings of the academy of moral and political sciences: Memoirs, by Mr. Ramon de la Sagra, on the agricultural colonies of Holland; and inquiries into the situation of the working classes, and the labor of children in manufactories, by Dr. Willermé ;— Notices of publications, by the editor and others.
6.—Reports of Cases argued and determined in the High Court of Chancery in Ireland, during the time of Lord Chancellor Manners, from the sittings after Michaelmas Term, 1807, to the sittings after Trinity Term, 1814. By Thomas BALL and FRANcis Beatty, Esqrs. Barristers at Law. In two volumes octavo (bound in one). First American from the last London edition. Philadelphia: R. H. Small, Law-bookseller, 25 Minor Street, 1839.
The two volumes of Ball and Beatty's Reports are compressed (not condensed) in this American edition, into an octavo volume of six hundred pages, without being too closely printed or in too small a type, for convenient and easy reading. The decisions of lord Manners, contained in these reports, were first published in 1823, and, we believe, have always been held in high estimation. Chancellor Kent (1 Comm. 462) says of them, that they “are to be placed on a level, in point of authority, with the best productions of the English bench.” The reporters, in their advertisement, remark, that in the selection of cases for publication, “their object has been to report such cases, as either established some new principle ;-recognised some old one, not to be met with in the modern equity reports;–or afforded some marked distinction between the principle on which they were decided, and those contained in the cases to which they were assimilated.” This edition is neatly and correctly printed, and in a very convenient and economical form.
7.—A Compilation of the Statutes of Tennessee, of a general and permanent Nature, from the commencement of the government to the present time, with references to judicial decisions, in notes, to which is appended a new collection of forms. By R. L. CARUTHERs and A. O. P. Nicholson. Nashville, Tenn. 1836.
This volume contains all the statutes of North Carolina and Tennessee, in force in the latter state, at the time of its compilation, arranged in titles in alphabetical order. The language of the statutes is not altered, except so far as to make it conform to the changes introduced into the different departments of government by the new constitution. In arranging the statutes under the several titles, the chronological order has been adopted. The compilers have inserted notes and references to the decisions of the courts of Tennessee and of the United States, on constitutional questions and the construction of the statutes. The compilers have also added an appendix containing forms, notes of explanation and remarks, arranged under titles corresponding to those of the compilation. This is an important improvement upon the ordinary form of publishing the statutes, and must be of great utility in those states where the population is sparse and scattered over an extensive territory. This compilation was executed in 1836, and includes all the laws in force at that time. It appears to be properly executed, and, though a private undertaking and not previously ordered or sanctioned by public authority, it has been purchased and distributed to various public functionaries, by order of the legislature.
8.—Reports of Cases argued and determined in the High Court of Chancery, from 1757 to 1766, from the original manuscripts of Lord Chancellor Northington, collected and arranged with notes and references to former and subsequent determinations, and to the Register's Books, by the honorable Robert HENLey EDEN, of Lincoln's Inn, Barrister at Law. In two volumes octavo (bound in one). First American from the last London edition. Philadelphia: R. H. Small, Law-Bookseller, 25 Minor Street, 1839.
Lord Northington held the great seal, as lord keeper and lord chancellor, from 1757 to 1766; “a period, during which,” says the reporter, “it has been observed, that an unusual proportion of cases of difficulty and importance were brought under the consideration of the court.” We are glad that so cheap and convenient an edition of these reports has been republished in this country. The two volumes of the English edition are compressed into one, of about six hundred pages. We have the high authority of chancellor Kent (1 Comm. 461), for saying, that “Eden's Reports of the decisions of lord Northington, the successor to lord Hardwicke, are very authentic, and highly esteemed. They surpass in accuracy the reports of Ambler or Dickens within the same period, and the authority of lord Northington is very great.”
9.—Law Case. Doe demise of Hickey v. Eggleston.
The above is the caption of a pamphlet, containing a statement of the facts, an elaborate argument for the plaintiff, and the opinion of the court, in a case decided by the high court of errors and appeals of the state of Mississippi;-but when it occurred, and when the decision was pronounced, no word or figure discloses. The question was, whether the paternal great uncle, or the maternal aunt, of John Hare, who died in 1806, was entitled as “next of kin,” to his inheritance, which descended to him from his
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father. The claim of the former was rested upon the common law rule of descent;-that of the latter, upon the statute of Feb. 10, 1806, which provides that the “next of kin” shall inherit in a case like that before the court. The decision was in favor of the right of the maternal aunt. The argument of the plaintiff's counsel, George Winchester, is able, learned and ingenious.
10.-A Constitution or Form of Government for the people of Florida. Published in the St. Joseph Times of Jan. 12, 1839.
The convention, held in pursuance of an act of the legislative council of Florida, passed Jan. 30, 1838 (see Am. Jur. vol. xix, 470), for the purpose of organizing a state government, closed its labors on the 12th of January, 1839, after a session of three months. The constitution, prepared and adopted by this convention, is to be submitted to the people of Florida, in May next, for their approval or rejection.
We can only notice one or two of the features of this instrument. It differs from other constitutions, in requiring only a majority of the whole number of the members elected to the two houses, respectively, to pass laws notwithstanding the governor's objections. It requires that every bill, before it can have the effect of law, shall be read in each house on three several days, and free discussion allowed thereon, unless this provision be dispensed with by a vote of four fifths; and that on the final passage of every bill, the yeas and nays shall be taken and entered on the journals. Judicial and other officers are, in general, to be elected by the people, or by the general assembly. The judges of the circuit (for the present, the supreme) court, are to be elected by the first general assembly convened under the constitution, for the term of five years; and, afterwards, they as well as the judges of the supreme court are to be elected by the general assembly, for and during the term of good behavior. The senate is to consist of seventeen members, who are to be elected for two years; the house of forty-one members elected for one year; and the state is divided into districts for the purpose of these elections. The senators first elected under the constitution are to be divided by lot into two classes, one of which is to go out of office at the end of one year, so that one half of the senate may be elected every year. The restrictions upon the legislative power, in regard to the passing of acts of incorporation, are at least uncommon if not extraordinary. No such act can be passed, unless two thirds of each house vote in favor thereof, and unless three months notice of the application therefor has been previously given; no bank charter, or act granting exclusive privileges, can be granted for a longer period than twenty years, and no bank charter can be extended or renewed ; the stockholders of a bank, on its dissolution or expiration, or the forfeiture of the charter of the same, are made liable for debts, in proportion to the amount of their stock; and the general assembly is prohibited from pledging the faith and credit of the state, to raise funds in aid of any corporation whatever. The above are some of the restrictions alluded to. We presume they are demanded by the circumstances and wants of the people of Florida; and, if so, they will if adopted be likely to prove beneficial. We doubt, however, the expediency of all such attempts to restrain the legislative power by provisions, which, so far as they have any effect, are at variance with the spirit of our institutions, and operate only by restraining the free will and action of the people themselves. One of the chief excellences of our forms of government, is the facility with which they admit of those changes, which, by the mere lapse of time, become necessary in all positive institutions, in order to adapt them to the wants of the people. But these restraints, although self-imposed, are hostile to change. If they have some tendency, on the one hand, to prevent the introduction of abuses and evils, by means of legislation, they are equally if not more effectual, on the other, to prevent the remedying of those abuses and evils, which, in the process of time, are sure to result from the wisest and best of human institutions. There is another objection to these constitutional restraints upon the legislative power. They have the effect to withdraw the people from the performance of the highest duty of the citizen, the duty of a constant participation in the functions of government.