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have been mentioned in the notes, and the entire omission of them we cannot but consider in bad taste, to say the least.
12-Term Reports in the Court of Queen's Bench, by GRAHAM WILLMoRE, Esq., of the Middle Temple, Barrister at Law, and W. Hodges, Esq., of the Inner Temple, Barrister at Law; Bail Court by F. L. Wollaston, Esq., of the Middle Temple, Barrister at Law; Court of Common Pleas, by T. J. ARNoLD, Esq., of Lincoln's Inn, Barrister at Law; Court of Erchequer, by H. HoRN, Esq., and E. T. HuRLstone, Esq., of the Middle Temple, Barrister at Law. Part I. Hilary Term, 1 Victoria, 1838. London: Richard Pheney; Boston: Charles C. Little and James Brown.
This plan of publishing the English Reports, in this country, meets with our entire approbation; as, by it, the profession will be furnished, at an extremely moderate price, with full and accurate reports of all the cases decided in the English courts of common law, very soon after their decision; reported and printed in such a manner, that they may be bound in volumes and preserved as a regular and uniform series of the reports. The part before us contains one hundred and seventy-six pages; ninety-six of which are devoted to the cases in the queen's bench and bail court, fortyeight to the court of common pleas, and thirty-two to the court of exchequer. The reports of the several courts are paged independently of each other, and separated by leaves of colored paper, on which tables of references to the cases and the points decided are printed. A temporary digest of all the cases is added at the end. It will be seen, therefore, that this plan combines the advantages of the temporary and speedy publication of a periodical, with those of the permanent and convenient form of a complete volume. The page is large, and the type, though smaller than that of English reports generally, is clear and easily read; thus affording a large amount of matter within a comparatively small space. Each part or number will contain about two hundred pages, at the very moderate price (for law-books) of one dollar and twenty-five cents. Six numbers of the series have been
already published in England, and the remaining five (this being the first), the American publishers announce will be issued in this country in a few weeks. “The subsequent numbers,” say the publishers, “will be received regularly by the steam packets, and put into the hands of the profession, within thirty days after they are printed in London.” Thus much for the manner of publication. In regard to the style in which the cases are reported, Mr. Justice Story remarks: “They appear to me to be drawn up with accuracy and fulness, and to be entitled to the confidence of the profession. It is manifest to me, that the reporters have brought to this delicate and important task a learning and ability adequate to the occasion.” This opinion is confirmed by the statements of Messrs. Rand, Curtis (C. P.), and Choate, of the Suffolk Bar, to whose examination the reports were submitted, prior to their republication in this country. To this testimony, it is quite superfluous for us to add any remarks of our own.
13.—Kritische Zeitschrift für Rechtswissenschaft und Gesetzgebung des Auslandes [Critical Journal of Foreign Jurisprudence and Legislation], herausgegeben von MITTERMAIER und ZACHARLE. Eilster Band. Erstes Heft. Heidelberg: J. C. B. Mohr, 1839.
The first number of the eleventh volume of this journal, to which we have already more than once invited the attention of our readers, contains the conclusion of an article commenced in a previous number, “on the progress of codification and jurisprudence in North America,” by professor Mittermaier. We have read this article with great interest; and cannot but express our astonishment, that the author, with all his multitudinous avocations, should have found time to make himself so thoroughly acquainted with our legal literature. We have not room for an analysis of the article, or for the flattering encomiums which the learned professor bestows upon the works and writers on American law, not forgetting our own journal and its contributors; but, as our readers may like to know the opinion entertained by an accomplished foreign jurist of “the character of American juridical works,” we shall present them with the following extract:
“The practical spirit, which, in the rapid progress of the American people, is directed throughout to the useful only, manifests itself also in the writings of the American jurists. This practical spirit demands clearness in exposition, and deep insight in practical questions. The principal works are devoted to the analysis and collection of individual cases; and exhibit the same style and manner, by which the English jurists are distinguished. The American writers, like the English, possess a certain fine tact which enables them, without any diffuse statement and consideration of principles, to seize upon the leading features of a case, to place them in the decisive point of view, and thereby to come to the correct conclusion. The grounds of the judgment, which are commonly excellent, are only briefly presented. As there is no complete code in America, and the judges rely upon the unwritten common law, we readily understand why it is, that the principal art of the American jurists consists in the analysis, and the great aim of the writers is directed to the collection, of individual cases. But it would be altogether erroneous to imagine, that this method has its foundation in a mere casuistic spirit; on the contrary, an examination of the works of Kent and Story will show, that, whilst these writers seek to deduce from the decided cases those rules which must be kept in view by the judge, they at the same time investigate principles and illustrate them by examples. The Roman law certainly has no immediate, practical, value in America; but as it has been wrought into the common law in England, it enjoys an equivalent respect in America, and in all works its decisions are introduced by way of comparison. The writers derive their knowledge of the Roman law chiefly from the works of Heineccius, Westenberg, Winnius, and Pothier; and, in general, the French juridical writers, ancient as well as modern, are the most used. Hence the knowledge of the Roman law in America is often defective; and it is only of late, that American authors have begun to study the Roman law in its sources, for its internal value, and to turn their attention to the German jurists, and to refer to the works of Hugo, Savigny, and Thibaut. We observe, also, that comparative law has recently grown into consideration; and that the works of foreign legislation have consequently received much attention. Hitherto, in this respect, the American writers have confined themselves chiefly to the French law. In the works already mentioned, questions of civil right are treated in an interesting manner, which, for its skilful analysis, is particularly worthy of the attention of foreign jurists.” The residue of the article is devoted to an examination of Mr. Justice Story's works on Bailments and Equity, Mr. Sumner's Reports, and Dunlap's Admiralty Practice.
14.—The Practice of the Law in all its principal departments; with a view of Rights, Injuries and Remedies, as ameliorated by recent statutes, rules, and decisions; showing the best modes of creating, perfecting, securing, and transferring rights; and comprising the Practice in Arbitrations; before justices; in courts of common law; equity; ecclesiastical and spiritual; admiralty; bankruptcy; in insolvency; in courts of error and appeal; and in particular in either of the superior courts: with new Practical Forms. Intended as well for the use of students as of practitioners. By J. Chitty, Esq., Barrister of the Middle Temple; with references to English Common Law and Ecclesiastical Reports. In 4 Wols. Philadelphia: T. & J. W. Johnson, Law Booksellers, No. 5 Minor Street, 1839.
The present volume (vol. iv.) concludes Mr. Chitty's laborious and extensive work on the practice of the law, a work which would be the undertaking of half a life-time to most men, but is merely an episode in that of one with a forty horse power of bookmaking, like Mr. Chitty. The present volume is occupied by a discussion of the subjects of bills of exceptions and demurrer to evidence, costs, motions for new trials, and practice and proceedings in the ecclesiastical courts. Much of it is not of direct application in the practice of the American lawyer, but, like every thing that proceeds from Mr. Chitty's pen, it is full of the results of patient labor, and of that power of applying them which is derived from a long life of practice. The whole work contains a vast mass of legal information, such as is constantly in requisition in the office of the practitioner, and a great deal of it is as valuable and important here as in Westminster Hall.
INTELLIGENCE AND MISCELLANY.
British International Copyright Law. The following important act of the British parliament is republished from the Jurist:
1 & 2 Victoria, cap. 59.
An act for securing to authors, in certain cases, the benefit of international copyright. [July 31, 1838.]
Her majesty, by order in council, may direct that authors of books first published in foreign countries, and their assigns, shall have a copyright in such books within her majesty's dominions— Title of book to be entered at Stationers' Hall, and one copy delivered to the Warehousekeeper.]—Whereas it is desirable to afford protection within her majesty's dominions to the authors of books first published in foreign countries, and their assigns, in cases where protection shall be afforded in such foreign countries to the authors of books first published in her majesty's dominions, and their assigns; be it therefore enacted by the queen's most excellent majesty, &c., That it shall be lawful for her majesty, by an order of her majesty in council, to direct that the authors of books which shall, after a future time to be specified in such order in council, be published in any foreign country to be specified in such order in council, and their executors, administrators, and assigns, shall have the sole liberty of printing and reprinting such books within the united kingdom of Great Britain and Ireland, and every other part of the British dominions, for such term as her majesty shall, by such order in council, direct, not exceeding the term which authors, being British subjects, are now by law entitled to in respect of books first published within the united kingdom; provided that no such author or his assigns shall be entitled