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Maberley, in the matter of-Exp. Britten--In the matter of Butterworth, 2 M. &

A. 687, 688


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Pocklington, in the matter of-Exp. Bremidge-Exp. Bell, 2 M. & A. 729, 732,

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THE most remarkable works that have recently appeared on legal topics in France are thus mentioned by our correspondent :

De la Charité Légale, de ses effets, de ses causes et spécialement des maisons de travail et de la proscription de la mendicité, par M. de Naville, 2 vols. The author had already written many minor tracts upon the subject, and has now collected his observations into this his greater work, which has excited much attention. It passes for the best French work on the subject. He frequently refers with commendation to the new English poor-laws.

Collection Complete, par ordre chronologique, des lois, édits, traités de paix, ordonnances, declarations et réglemens d'intérêt general antérieurs à 1789 restés en vigueur, par M. Walker, 4 vols. This is a selection from a greater work edited in 1826— 1830 by MM. Isambert, Taillandier, and Decrusy, under the title of Collection des anciennes Lois Françaises antérieures à 1789. M. Walker has selected those which he considers to be still in operation.

Examen Comparatif et Critique du Livre III. du Code de Commerce, et du nouveau projet de loi sur les faillites et banqueroutes adopté par la Chambre des Deputés, par M. Bravard. A well-written tract. The House of Peers are expected to occupy themselves with the project during their present sitting.

Du Système Pénitentiaire aux Etats-Unis et de son application en France, par MM. de Beaumont et de Tocqueville. A new edition of their former work, with a new introduction. The text is little altered.

De la Reforme des Prisons ou de la Théorie de l'Imprisonnement, de ses principes, de ses moyens et de sa condition practique, par M. Charles Lucas. First volume. The author, honourably known by many works on the Punishment of Death and on Prisons, has here given the results of six years of his experience as Inspector-General of Prisons in France, and has also availed himself of all notices and remarks upon the subject contained in other works, both foreign and French. The Revue Etrangère, for September, 1836, has an article devoted to this work.

Compétence des Tribunaux de Commerce dans leurs rapports avec les Tribunaux civils, etc., par M. Despréaux. A very complete and useful practical work.

Traité Théoretique et Pratique du Droit Criminel Français, ou cour de legislation criminelle, par M. Rauter, Professeur, &c. à Strasbourg. This work contains, in two volumes, as well the actual French Criminal Law (Code Pénal) as the Criminal Procedure (Code d'Instruction Criminelle.) An Introduction is prefixed, in which the principle of the Criminal Law is philosophically deduced; then follows the general theory of the French Criminal Law, namely, the exposition of the principles and rules applicable to all offences and punishments; subsequently the author proceeds to the particular offences and punishments. The work is consequently a Compendium in the German sense of the term. Lastly comes Procedure, which is treated in the same order as the law itself.

Des Moyens propres à généraliser en France le Système Pénitencier, par M. Béranger. The author has already published on this subject. The present work contains his additional observations.


Traité des donations entre vifs et des testamens, par M. Poujot, 2 vols. work of Grenier has hitherto been esteemed the best on the subject. The author of the present work, President of the Appeal Court at Colmar, has recast and completed the work of his predecessor.

The second volume of La Théorie du Code Pénal, by MM. Chauveau and Helie, has appeared, and the third is in the press. The 20th volume of Duranton's Cour du Code Civil has appeared. La Dictionnaire Général de Droit, par M. Armand Dalloz, is now complete. A second volume of the Traité des Droits d'Enregistrement, of MM. Championnet and Rigaud, has appeared. The work of Toullier, Le Droit Civil Francais, publishing under the direction of Duvergier, is continued with the same learning and ability, and a third volume has appeared. M. Troplong, who is engaged on a commentary on the same provisions of the Code, has been obliged to discontinue his valuable labours for the present, on account of indisposition.

The case of de la Roncière still excites much interest in Paris. The masterly observations of Lord Abinger on this case, contained in letters addressed to de la Roncière's father (who, we believe, applied to him for his opinion) and the Duc de Broglie, have considerably shaken the former general conviction of the guilt of the accused. The Morell influence, however, is strong, and there seems little chance at present of a pardon, or even of any mitigation of the punishment.

The Sittings of the Court of Cassation recommenced in November last with an eloquent address delivered by M. Dupin Ainé, in his capacity of Procureur-General. The subject was the restoration of the tomb of the Chancellor L'Hospital, recently restored by subscription. M. Dupin, after giving a brief sketch of the various changes of fortune through which the monument had passed until 1834, when M. Aubernon set the subscription on foot, proceeds to make some apt and striking reflections on the noble simplicity of L'Hospital's character, and the most striking passages of his life. We regret that we have no space at present for this truly admirable address. A Notice Biographique sur M. Dupin has appeared in the Dictionaire de la Conversation et de la Lecture, in which the reputation of this distinguished lawyer and statesman is successfully vindicated from the suspicions which party malice had laboured to cast upon it. We have already given the leading events of his life in an article principally devoted to his speeches at the Bar, (9 L. M. 117.)


A CIRCUMSTANCE connected with the administration of justice which seems likely to attract immediate attention, is the accumulation of arrears in the King's Bench; there being at present more than three hundred cases of various descriptions waiting to be argued. As the judges are not inferior to their brethren in learning and ability, the chief cause of this arrear must be the quantity of business peculiarly belonging, by virtue of its original constitution, to this Court; and the only effec tive mode of relieving it is by putting the three Courts on an equality, or by the occasional transfer of a portion of the arrears. The first of these plans is liable to grave objections, and the last is by no means free from such, unless means could be discovered of giving the suitors an option, without which they are sure to be dissatisfied. Perhaps the best way would be to enable the plaintiff (who in nine cases out of ten is the only person liable to injury from delay) to remove a case set down for argument and more than a given period (a term, for instance) in arrear. The other Courts are by no means overburdened with work, and the progressive diminution of business during the last five years is still a subject of professional regret. This is principally owing to the operation of the new rules of pleading and practice, framed by the judges on the suggestion of the Common Law Commissioners; the cost of whose labours, so vehemently protested against by Mr. Hume, has been already repaid the country a hundred-fold. Equally beneficial results may be anticipated from the measures recommended in the Real Property Reports, if carried into effect with equal care; but in the first place it is no easy matter to get Bills drawn by persons fully competent to the task, and in the second place, when (like Mr. Tyrrell's) they are so drawn, it is no easy matter to get them passed without cobbling and tinkering by the legislature.

Of the three principal law-reform Commissions the only one still at work is that for the amendment of the Criminal Law, which appears from the parliamentary returns to have cost rather more than ten thousand pounds, yet the Commissioners have hitherto done little more than frame long, loose, clumsy, common-place statements of exhausted controversies, with which the public has been bored to satiety. We should like to know how many of the members of parliament who voted for the Prisoners' Counsel Bill were swayed by the Commissioners' argument, or how many will be swayed by their Report on the Punishment of Death. The object of a Commission is to bring forward new facts, or new combinations of facts, or new views founded on established facts, or suggestions leading to direct practical reforms. The Criminal Law Commission has satisfied no one of these requisitions ; the Real Property and Common Law Commissions (so far as they have been permitted to proceed) have satisfied all of them; but the Criminal Law Commission is continued at the rate of five or six thousand a year, and the Real Property and Common Law Commissions are discontinued on the ground of economy.

The Court of Chancery is as much in arrear as the King's Bench, and the stage at which the stoppage takes place is the same, namely, when the case is ripe for hearing. A slight addition to the judicial force of the equity jurisdiction, and

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It is worthy of remark, that the French Court of Cassation was one thousand cases in arrear at the commencement of the last Session.

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