Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

the question which is causing many searchings of heart to-day, When do the expenses of an election begin? All that Mr. Day does is to refer to the few cases which have been decided thereanent, without attempting to deduce rule or principle from the decisions.

Les destinées de l'arbitrage international. Par E. ROUARD DE CARD. Paris Pedone-Lauriel. 1892. 264 pp. At the present moment when Great Britain is involved as a party in two momentous matters about to be submitted to arbitration, a book on the progress of this new and bloodless method of settling international disputes will interest many readers. The author, who is a Professor of the Law School of Toulouse, examines the different disputes in which recourse to arbitration has been had, the nature of the movement in its favour, and the effect of clauses in treaties providing for arbitration in case of disputes in the future.

As regards the disputes which have been arranged he finds they can be grouped as follows: five as to the fixing of frontiers, two as to the right to possession of territory, five as to the seizure of vessels and confiscation of cargo, three as to violent and arbitrary acts towards foreigners, one as to rights of navigation, two as to rights of fishery, and one as to the settlement of an account. These are all matters involving material interests and in which the sovereignty or independence of States is not concerned. In fact M. Rouard de Card is of opinion that, though several American States have taken the engagement towards each other to submit their differences to arbitration, not much progress is to be expected wherever the independence or sovereignty (we might on our own account add dignity) of States is concerned. He says:

Il est évident que les Etats signataires de ces traités n'hésiteront pas à décliner la compétence des arbitres toutes les fois que leur indépendance et leur souveraineté se trouveront mises en question. Pour les contraindre à respecter leurs promesses, on devra recourir à l'emploi de la force, mais alors la guerre, qu'on aura voulu prévenir, deviendra nécessaire. Par conséquent, à quoi aura servi la conclusion des traités d'arbitrage permanents! Nous nous bornons à rappeler l'exemple de Salvador et du Guatemala, entre lesquels a éclaté une lutte sanglante, malgré l'existence d'un pacte d'union. Dans la pratique, la justesse de ces objections a été si bien reconnu que les diplomates ont cru devoir modifier la formule des traités. Les dernières conventions portent, en effet, que l'arbitrage cesse d'être obligatoire, lorsqu'il s'agit de questions "qui d'après le jugement exclusif d'une des nations intéressées, compromettraient son autonomie ou son indépendance.""

A recommendation of the author as regards procedure is to regulate it minutely beforehand or specifically to refer the arbitrators to the rules drawn up for international arbitration by the Institute of International Law.

We remark a precedent that may be worthy of more attention in the future than it has yet met with. It is that a difference between France and Nicaragua as to a seizure of arms on board the French steamer le Phare was submitted to the French Court of Cassation. It is doubtful whether many States would care to submit their differences to the Law Courts of their adversary, but submission to the Court of an independent State may be a form in which this precedent may be followed.

Code de Commerce italien. Traduit, annoté et précédé d'une introduction. Par EDMOND TURREL. Paris: Pedone-Lauriel. 1892. xxxvi and 306 pp.— This is the fourth volume of a series of translations of foreign codes in course of publication by the enterprising publisher whose name figures above.

The Italian Commercial Code of 1882 is one of the most recent, and has therefore had all the advantage over its predecessors of coming after them, The translator says of it that taking it all in all it is perhaps the best which has issued in late years from the legislative activity of Europe. Its preparation, he tells us, occupied thirteen years, and what was done during that period is instructive as to how Continental Codes are made. In 1869 the Italian Government appointed a first commission composed of jurisconsults, magistrates, and merchants, who held 175 plenary sittings, without counting sub-committee meetings. In 1872 this Commission terminated a Preliminary Draft with an exposé de motifs in four big volumes. This Draft was submitted to the Judicial bodies, Chambers of Commerce, and Universities. Later on a fresh extra-parliamentary commission took it in hand, and in 1887 Signor Mancini presented it to the Senate, which adopted it in 1880. Adoption by the Chamber of Deputies followed in 1882, and a last commission under the official chairmanship of the Minister of Justice gave it the finishing touches in view 'd'en faire disparaître les antinomies, d'en améliorer la rédaction, de le mettre en harmonie avec les autres parties de la législation commerciale, et d'y ajouter des dispositions transitoires et réglementaires.'

The translator gives few notes and his index might be more redundant, but the translation so far as we have tested it seems careful and clear.

Code de Commerce chilien. Traduit et annoté par HENRI PRUDHOMME, Paris Pedone-Lauriel. 1892. lxii and 425 pp.-This is another of the series referred to in the preceding notice. A feature of this volume is that it contains notes comparing the Chilian law with that of France. The Code in question came into force in 1867. It is hardly therefore one of the new Codes. A fact to note is that the Chilians in 1866 set the example of abolishing the institution of Tribunals of Commerce, an example in which they have since been wisely followed by Spain and Italy. There is a pretty full index to this volume.

The Revised Reports. Edited by Sir FREDERICK POLLOCK, assisted by R. CAMPBELL and O. A. SAUNDERS. Vol. IV. 1796-1799, (3 & 4 Vesey7 & 8 T. R.- -1 Bos. & P.-3 Anstruther-2 Peake). London: Sweet & Maxwell, Limited; Boston, Mass.: Little, Brown & Co. 1892. La. 8vo. xviii and 937 pp. (258.).—The Preface to this volume states that although the period covered (1796-1799) was not rich in leading cases of the first rank,' it produced many of great importance. Morton v. Lamb (7 T. R. 125) is one of the best known and most profitable in the learning of dependent and independent promises. Gordon v. Harper (7 T. R. 9) is a landmark in the law of possessory remedies.. Jennings v. Rundall (8 T. R. 335) is in some sense a leading case on the liability of infants, and on the rule (now much less important than it was a century ago), that substantive liability cannot be altered by changing the form of action. Yet it does not seem clear that the principle was rightly applied in the particular case. However, this is immaterial at the present time.' The editor specially invites serious and competent criticism.'

[ocr errors]

The Land Systems of British India. By B. H. BADEN-POWELL, C.I.E. Three vols., containing fourteen maps. Oxford: Clarendon Press. 8vo. xxxii and 2104 pp. (£3 38.)—We hope to review this work in our next number.

The Roman Law of Testaments, Codicils and Gifts in the event of death. By MOSES A. DROPSIE. Philadelphia: T. & J. W. Johnson & Co. 1892. xi and 197 PP.

The Contract of Sale in the Civil Law with reference to the Laws of England, Scotland, and France. By J. B. MOYLE. Oxford: Clarendon Press. 1892. 8vo. xiii and 271 pp. (10s. 6d.)

Parliamentary Procedure and Practice, with a view of the origin, growth, and operation of Parliamentary Institutions in the Dominion of Canada. By JOHN GEORGE BOURINOT. Second edition, revised and enlarged. London: Sampson Low, Marston & Co., Lim. 1892. 8vo. xx and 929 pp.

The Ottoman Land Code. Translated from the Turkish by F. ONGLEY. Revised, with marginal notes and index, by HORACE E. MILLER, LL.B. London: W. Clowes and Sons, Lim. 1892. 8vo. xii and 396 pp.

Concise Precedents under the Companies Acts 1862 to 1890. By F. GOREBROWNE. London: Jordan & Sons. 1892. 8vo. xxiv and 548 pp. (108.6d.)

A Handy Book on the Formation, Management, and Winding Up of Joint Stock Companies. By W. JORDAN and F. GORE-BROWNE. Fifteenth edition. London: Jordan & Sons. 1892. xxiv and 312 pp. (3s. 6d.)

Handy Guide to County Court Costs. Second edition. By JOHN HOUGH. London: W. Scott. 1892. 8vo. 180 pp. (58.)

The Practice of the Supreme Court and Court of Appeal of New Zealand. By Sir ROBERT STOUT and W. A. SIM. Dunedin: James Horsburgh. 1892. La. 8vo. xxxvi and 262 pp.

The Crown Lands Acts now in force in New South Wales. By A. P. CANAWAY. Sydney: C. F. Maxwell. 1891. La. 8vo. viii and 337 pp. (218.)

A Treatise upon the Employers' Liability Act of New South Wales. By C. G. WADE. Sydney: C. F. Maxwell. 1891. 8vo. xvi and 210 pp. (128.6d.) Property: its Origin and Development. By CH. LETOURNEAU. London: Walter Scott. 1892. 8vo. xii and 401 pp. (3s. 6d.)

Synthèse de l'antisémitisme. Par EDMOND PICARD. Brussels: Larcier. Paris: A. Savine. 1892. 8vo. 232 pp. (3 fr.)

La question d'Alsace. Par JEAN HEIMWEH. Second edition. Paris: Hatchette et Cie. 1892. 8vo. x and 253 pp.

La régime des Passeports en Alsace-Lorraine. Paris: A. Lahure. 1890. 8vo. 76 pp. (1 fr.)

The Practice in Lunacy. By JOSEPH ELINER. Seventh edition. London : Stevens & Sons, Lim. 1892. 8vo. xx and 481 pp. (218.)

An Epitome of Real Property Law for the use of Students. By W. H. HASTINGS KELKE. London: Sweet & Maxwell, Lim. 1892. 8vo. x and 160 pp. (68.)

The Roman Law of Sale. By JAMES MACKINTOSH. Edinburgh: T. & T. Clark. 1892. 8vo. xv. and 272 pp. (108. 6d.)

The Editor cannot undertake the return or safe custody of MSS. sent to him without previous communication.

(See also page 4 of Wrapper.)

By

Elmer's Practice in Lunacy. Seventh Edition.
JOSEPH ELMER, Esq., late of the office of the Masters in Lunacy. Demy 8vo. 1892.
Price 215. cloth.

Godefroi's Law relating to Trusts and Trustees.

Second Edition. By HENRY GODEFROI, of Lincoln's Inn, Esq., Barrister-at-Law. Royal 8vo. 1891. Price 325. cloth. "This work is a model of what a legal text-book ought to be. It is clear in style and clear in arrangement.”—Law Times, April 18, 1891.

Dart's Vendors and Purchasers.-A Treatise on the Law and Practice relating to Vendors and Purchasers of Real Estate. By the late J. HENRY DART, Esq., one of the six Conveyancing Counsel of the High Court of Justice, Chancery Division. Sixth Edition. By WILLIAM BARBER, Esq., Q.C., RICHARD BURDON HALDANE, and WILLIAM ROBERT SHELDON, Esqrs., Barristers-atLaw. 2 vols. Royal 8vo. 1888. Price £3 155. cloth.

"The new edition of Dart is far ahead of all competitors in the breadth of its range, the clearness of its exposition, and the soundness of its law."--Law Times.

Carver's Carriage of Goods by Sea.-A Treatise on the Law relating to the Carriage of Goods by Sea. Second Edition. By THOMAS GILBERT CARVER, Esq., Barrister-at-Law. Royal 8vo. 1891. Price 325. cloth. Marsden's Treatise on the Law of Collisions at Sea. With an Appendix containing Extracts from the Merchant Shipping Acts, the International Regulations for preventing Collisions at Sea; and local Rules for the same purpose in force in the Thames, the Mersey, and elsewhere. By REGINALD G. MARSDEN, Esq., Barrister-at-Law. Third Edition. By the Author and the Hon. J. W. MANSFIELD, Barrister-at-Law. Demy 8vo. 1891, Price 255. cloth. Nelson's Private International Law.-Selected Cases, Statutes, and Orders illustrative of the Principles of Private International Law as Administered in England, with Commentary. By HORACE NELSON, M.A., B.C.L., Barrister-at-Law. Royal 8vo. 1889. Price 215. cloth.

"The notes are full of matter, and avoid the vice of discursiveness, cases being cited for prac. tically every proposition."-Law Times.

Wheaton's Elements of International Law.-Third English Edition, with Notes. By A. C. BOYD, Esq., Barrister-at-Law. Royal 8vo. 1889. Price £1 10s. cloth.

"Wheaton stands too high for criticism, while Mr. Boyd's merits as an editor are almost as well established."-Law Times.

Shirley's Selection of Leading Cases in the Common

Law. With Notes. By WALTer Shirley SHIRLEY.-Fourth Edition. By RICHARD WATSON, of Lincoln's Inn, Esq., Barrister-at-Law. Demy 8vo. 1891. Price 16s. cloth. Warburton's Criminal Law Cases.-A Selection of Leading Cases in the Criminal Law, with Notes. By HENRY WARBURTON, Esq., Barristerat-Law. [Founded on "Shirley's Leading Cases."] Demy 8vo. 1892. Price 9s. cloth. "We consider that it will amply repay the student or the practitioner to read both the cases and the notes."-Justice of the Peace.

Harris' Hints on Advocacy.-Conduct of Cases Civil and Criminal. Classes of Witnesses and Suggestions for Cross-examining them, &c., &c. By RICHARD HARRIS, one of Her Majesty's Counsel. Ninth Edition, With a New Chapter on "Tactics." Royal 12mo. 1889. Price 7s. 6d. cloth.

[ocr errors]

"Full of good sense and just observation. A very complete Manual of the Advocate's art in Trial by Jury."-Solicitors' Journal.

Wigram's Justice's Note Book.-Containing the Jurisdiction and Duties of Justices and an Epitome of Criminal Law. Sixth Edition. By ARCHIBALD HENRY BODKIN, Esq., Barrister-at-Law. Royal 12m0. 1892. Price 12s. 6d. cloth.

"A book which both magistrates and their clerks would immediately appreciate.”—The World.

STEVENS & SONS, LIMITED, 119 & 120 CHANCERY LANE, LONDON.

« ΠροηγούμενηΣυνέχεια »