Page:The Green Bag (1889–1914), Volume 13.pdf/497

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The Green Bag.

whose article deals with "Adulteration "; Mr, Justice Cole, of the Supreme Court of the District of Columbia, whose subject is "Adjoining Land Owners "; George Hoadly, of the New York bar, who treats of "Acknowledgments "; and Sey mour D. Thompson, the well-known legal writer, who contributes a valuable article on "Accord and Satisfaction." Among the minor good points of the Cyclope dia is, in the principal notes, the grouping in separate paragraphs of the citations from the various States. The excellent binding, which allows the pages to lie flat when the book is open, deserves mention.

THE JOURNAL OF THE SOCIETY OF COMPARATIVE LEGISLATION. New Series, No. VII. Edited by John Macdoncll, C.B., L.L.D., and Ed. ward Manson. London: John Murray, 1901. (US PP-) It is interesting to note that five out of the sixteen articles in the current number of this Journal have to do with South African affairs, if in this list is included the article on " Military Service and Immunity from Arrest," which cites the decision of the Supreme Court of Ceylon holding, on the ground that " in times of war the claims of individuals must give way to the para mount right of the Queen to the services of her subjects," that a warrant of arrest (asked for, apparently, under a statute allowing arrest of a defendant about to leave the island) could not issue against a resident who had enlisted as a volunteer and was about to sail for South Africa on active service. The leading article, "The Law of South Afri ca," contributed by the Chief Justice of Cape Colony, maintains that the law for the newly acquired provinces should continue to be the .Roman-Dutch law, modified by local legislation. It is pointed out that " a difference of opinion among judges in the South African Courts upon disputed questions of law is of rare occurence ";

that Dutch jurisprudence was progressive; that the excessive punishments allowed under the Dutch law have, in fact, been mitigated by tacit arrangement among the judges; and that it has been judicially decided that any Dutch law " which is inconsistent with well-established and reasonable custom, and has not, although relating to a matter of frequent occurrence, been distinctly recognized and acted upon by the Supreme Court, may fairly be held to have been abrogated by disuse." This same view — against forcing upon the South African provinces a code of laws based on English law — is advo cated in a later article on the "Vitality of Roman-Dutch Law; " to which "last-mentioned article are added some interesting notes on the "Developments of Modern Dutch Law." The fifth South African article treats of " High Treason in Natal." Two interesting articles relate to the jurispru dence of India. In the first, " The Influence of English Law and Legislation upon the Native Laws of India," the conclusion is reached that while both direct legislation and silent and in direct methods have left a " permanent impress of British administration upon the native laws," yet "the native races of India still enjoy the great privilege of being governed by their own laws, intelligently and honestly administered, in respect to those matters which more directly appeal to their religious sentiments or social usages. No conquered races, in fact, have ever felt the rule of the victor less oppressive." The second of these articles, by the Vice-Chancellor of the Punjab University, deals with " English Jurisprudence and Indian Studies in Law." Among the other articles may be mentioned that on " Lèse-Majesté in Germany." from which we quoted last month; the synopsis, by A. Wood Renton, of the tests of criminal responsibility in mental disease which have been adopted in seven different countries, including the United States; and the summaries of French, and of German legislation in 1900.