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The second book contains a commentary upon the law of 1807; in the course of which, the author discusses the several subjects of discount, amalgamation of interest with capital, loans of provisions, and of usury in contracts of marriage, remuneratory donations, conditional sales, contracts of exchange, sales of merchandize, contracts of antichresis, and in life or constituted rents. Books II. III. IV. and V. treat of attempts, offences by two or more, and second and succeeding offences. Book VI. treats of Jews, and Book VII. of houses for loans on pledge, with or without interest (monts-de-piété), and of other loans upon pledge, and of antichresis.
Throughout his whole work, the author avails himself, with a sound criticism, of the labors of his predecessors, and of the decisions rendered in this matter. The latter are arranged in a chronological table at the end of the work. An examination of this work has impressed us with the conviction, that the author has fulfilled the promise contained in his title. His treatise includes a commentary upon the law of 1807, and all the legislation, doctrine, and jurisprudence connected there with, with references to the ordinances and decisions, ancient and modern. It is a work of eminent utility.
8.—History and System of the German Criminal Law. By CoNRAD FRANCIs Rosshirt. Stuttgard: 1838.
[From the Revue Etrangere ct Française, for October, 1840.]
This work contains both a chronological and a systematic history of the German criminal law. The first is divided into three periods: ancient, middle ages, and modern. The author sets forth what the law in force was at each of these periods; and indicates the divers sources of it, and makes known the jurisconsults whose works have acquired authority.
In the systematic history, the author examines each matter of the criminal law, and, in relation to each, presents a kind of monograph, under the combined point of view of history, of legislation, of doctrine, and of jurisprudence:—thus, in regard to offences against chastity, he makes known the provisions of the Roman law, those of the canon and German law, the ordinance of Charles the Fifth of 1532,-the doctrine of authors, and the practice of the tribunals. This second part of the work is of more immediate utility to the German jurisconsults. The other is of a more general interest, as it examines the origin of the German criminal law and its literary development. It is not possible to conceive the history of law in a more complete manner; and the plan of this book does great honor to Mr. Rosshirt. But we cannot help believing, that the learned professor has devoted more care to the reduction of the table of contents than to the development of the several titles. It may be said, that Mr. Rosshirt has marked out with skill the route to be followed in a very difficult region; but that he has left all the briars, thorns and stones in the way. There is a perpetual struggle going on between the subject and the thought of the author, and between the thought and its expression. There is nothing clear and positive ; no stopping place to aid the memory; no logical connection to please the mind. Nothing is laid down clearly,–not even the most important and the best characterized facts. It is a quicksand in continual motion, in the midst of which the reader is agitated; not knowing what to take hold of, nor with what to guide himself. The severity of our remarks is in proportion to the opinion, which we entertain of the merit of Mr. Rosshirt, and to the greatness of the hopes to which his book had given birth. In our opinion, an author is bound, by the renown which he enjoys, not only to the public, but to his own glory : and it is to fail in this double engagement, to put forth ideas without having matured them, bound them together, and freed them from all parasitical details. Whatever may be its real merit, a book of instruction is useless as such, when it is written in the style of a logogriph. On this point, Horace and Boileau give very good advice; and we regret, that Mr. Rosshirt has so far neglected the maxims of these masters, as to cover up his valuable and interesting investigations under a repulsive and discouraging form.
QUARTERLY LIST OF NEW PUBLICATIONS.
A Treatise on the Law of Sales of Personal Property. By Francis Hilliard. New York : Halstead & Voorhies. 1841.
A Treatise on the Law of Executors and Administrators. By Edward Vaughan Williams. With notes, &c. by F. G. Troubai. Second American from the second and latest English edition. In two volumes. Philadelphia: R. H. Small. 1841. A Brief View of the writ Ne Ereat Regno, as an equitable process, &c. By John Beames. Second American from the last London edition, with notes of the recent English and American decisions. By Henry Nicoll, Counsellor in Chancery. New York: Collins, Keese & Co. 1841. A Practical Treatise on the Criminal Law, &c. By Joseph Chitty, Esq. In three volumes. Fourth American from the second and last London edition. With notes and corrections, by Richard Peters and Thomas Huntington, Esq’rs. To which are now added notes, &c. by J. C. Perkins. Springfield: G. & C. Merriam. 1841. A Treatise on the Rights and Duties of Merchant Seamen, according to the General Maritime Law, and the Statutes of the United States. By George Ticknor Curtis, of the Boston Bar. Boston : Charles C. Little & James Brown. 1841.
[All the above are noticed in the present number.]
Reports of Cases argued and decided in the Circuit Court of the United States, for the Seventh Circuit. By John McLean, Circuit Judge. Vol. 1. Cincinnati: E. Morgan & Co. 1840.
Reports of Chancery Cases decided in the Eighth Circuit of the State of New York, by the Hon. Frederic Whittlesey, Vice Chancellor. By Charles L. Clarke, Counsellor at Law. Vol. 1. Rochester: David Hoyt. 1841.
Reports of Cases argued and determined in the Court of Chancery of the State of New York, before the Assistant Vice Chan
cellor of the First Circuit, the Hon. Murray Hoffman. Vol. I. New York. Halsted & Voorhies. 1841.
[We have been promised a review of this and the preceding for our next number.]
Reports of Cases argued and determined in the Superior Court of Judicature of New Hampshire. Vol. S. Concord : Marsh, Capen, Lyon & Webb. 1840.
Reports of Cases argued and determined in the Supreme Court of the State of Arkansas, at January and July terms, 1837, January and July terms, 1838, and January term, 1839, in law and equity. Albert Pike, Reporter. Vol. 1. Little Rock: Rudd & Colby. 1840.
A Practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature, and the Court for the Correction of Errors, of the State of New York; together with the Reported Cases of the Superior Court for the City and County of New York, from the earliest period to the present time. By Thomas W. Clerke, Counsellor at Law. In two volumes. New York: Gould, Banks & Co. and W. & A. Gould & Co. Albany. 1841.
A Practical and Elementary Abridgment of the Common Law; designed either as a Supplement to the Author's Abridgment, or as a separate work. By Charles Petersdoff, Esq. Part I. Archbold's Summary of the Law relative to Pleading and Evidence in Criminal Cases, with the Statutes, &c. Sth edition. By John Jervis, Esq. The theory and practice of Conveyancing. By S. Atkinson, Esq. 2d ed. Vol. II. The Practice of the Common Law Courts, and Practical Lawyer's Pocket Book. By Robert Allen, Esq.
Dickinson's Guide to the Quarter Sessions, &c. 5th ed. By Thomas Noon Talfourd, Esq.
Supplement to a Treatise on Powers. By Henry Chance, Esq.
A Practical Treatise of the Law of Marriage and Divorce. By Leonard Shelford, Esq.
A Treatise on the New Rules of Pleading. By Charles R. Kennedy, Esq.
New Commentaries on the Laws of England (partly founded on Blackstone). By Henry John Stephen, Sergeant at Law.
Commentaries on the Conflict of Laws, foreign and domestic, &c. By Joseph Story. 2d ed.
The trial of James Thomas, Earl of Cardigan, before the Right Honorable the House of Peers, in full parliament, for felony, on Tuesday, the 16th day of February, 1841. Observations on the Supreme Appellate Jurisdiction of Great Britain. By William Burge. A Treatise on the Law relating to Composition with Creditors. By William Forsyth, Esq. A Practical Treatise on the Law of Partnership. By Neil Gow, Esq. A Digest and Index, with a chronological table, of all the statutes from Magna Charta to the end of the last session. By Geo. Crabb. Precedents in Conveyancing, adapted to the present state of the Law. By Thomas George Western. A Practical Treatise on the Law of Mines and Minerals. By William Bainbridge, Esq. The Law and Practice of Letters Patent for Inventions. An Elementary Compendium of the Law of Real Property. By Walter Henry Burton. 5th edition, by Edward Priestly Cooper, Esq. A Practical Treatise on the Law of Contracts not under Seal. By Joseph Chitty, jr., Esq. 3d ed. by Tompson Chitty, Esq. The Practice of the Petty Sessions. By John Stone. 4th ed. An Elementary Practice of the Courts of Queen's Bench, &c. By William Theobald, Esq. The Advantages of Friendly Loan Societies, contrasted with the ruinous effects of Pawning. By Thomas B. Hughes, Esq.
The Police Guide. By Richard Charnock, Esq.
A Practical Treatise of the Laws relative to the Sale and Conveyance of Real Property. By William Hughes, Esq.