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THE GREEN BAG
MARRIAGE BROKAGE (India). " Mar riage Brocage Contracts," by S. Vaidyanath Iyer, Bombay Law Reporter (V. x, p. 113). A short review of the law in India. MINING. " Mining Law and Land-Office Procedure with Statutes and Forms, by Theodore Martin, Bender-Moss Co., San Fran cisco, 1908. This book will prove of value to lawyers in the western states whose practice involves the highly specialized property law of mines, most of which is governed by statute. As the author says, " No effort has been made to make the work a treatise, but rather to state the law and tell where it can be found." For this purpose the book is well arranged and its value is enhanced by an admirable index. MORTGAGES (England). " The Rights of Second Mortgagees Regarding Possession," by R. M. P. Willoughby, Law Quarterly Review (V. xxiv, p. 297). Discussing the dis advantage to a second mortgagee arising from the fact that he does not have the legal estate and therefore cannot recover possession of the land by any process short of foreclosure or redemption. NAVAL TRIALS (Alleged Abuses). " Some Curious Features of the Naval Fleet's Trials," by George F. Ormsby, Albany Lam Journal (V. Ixx, p. 189). Protesting against alleged failures to furnish accused sailors with copies of the charges within ten days of arrest as required by law and against illegal adjourn ments of courts-martial. Charges are made of covering up of evils by high law officers of the navy in order to escape dismissal from office. REAL PROPERTY (Easements). "The Cre ation of Easements," by T. Cyprian Wil liams, Law Quarterly Review (V. xxiv, p. 264). Answering some of Arthur Underhill's arguments advanced to prove that an ease ment may be granted in fee without words of inheritance and declaring that in the present state of the authorities it is the duty of a con veyancer to use such words. REAL PROPERTY (Easements). "The True Nature of an Easement," by Charles Sweet, Law Quarterly Review (V. xxiv, p. 259). Acknowledging that Arthur Under hill's conclusion, in the previous number of
the Law Quarterly Review (p. 199), that an easement can be granted in perpetuity without words of limitation is probably right, but maintaining that the question is not free from doubt and that the conveyancers' practice of using words of limitation is amply justified by the uncertainty. REAL PROPERTY (Easements). "The Easement of Light and Air and its Limitations under English Law," by F. Y. R. Radcliffe, Law Quarterly Review (V. xxiv, p. 247). Conclusion of an extended discussion of the English law on the right to light and air. REAL PROPERTY (Ottoman). " Ottoman Land Law in Cyprus," by Thos. W. Haycraft, Law Quarterly Review (V. xxiv, p. 279).' TAXATION. " Taxation under Proposed Constitutional Amendment," by Morrison R. Waite, Ohio Law Bulletin (V. liii, p. 312). UNION LABELS (Protection). " Union Labels," by W. A. Martin, American Law Review (V. xlii, p. 511). A careful examina tion with numerous citations of cases bearing on the legal protection of the union label. The subject is discussed under five aspects: "(ist) Whether it is a technical trade mark and entitled to protection as such. (2d) Whether it is entitled to protection un der Act of Congress, July 8th, 1870. (3rd) Whether entitled to protection when used by a member of the union on goods made and sold by him. (4th) Whether entitled to pro tection in absence of statute though not con sidered a technical trade-mark. (5th) The protection afforded by State legislation enacted for that purpose." To the first two questions the answer is in the negative. The decisions on the first are not harmonious but " a review of the decisions and a consideration of the elemen tary principles of trade-mark law, makes the conclusion necessary that the union not being the owner, manufacturer or seller of the goods to which the label is attached, the label is not a valid trade-mark nor entitled to protection as such." The Act of Congress referred to under the second head provides — " that protection may be obtained for a lawful trade-mark by record ing in the patent office a statement speci fying the names of the parties, and their resi dence and place of business . . . the class
