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remainder, substitution, or executory devise, limited to any other person born or unborn. Chap. 21.

Waste. Tenancies for years or for life, created by the act of the parties, do not authorize the commission of waste, any more than tenancies created by the act of the law. Chap. 22.

Guardianship. All persons, whether of full age or not, (except married women, whose husbands are living) may, by will legally executed to pass real estate, appoint guardians to their minor children born or unborn. Chap. 27.

Days of grace. Where the third day of grace, on a note or bill, falls upon a fast or thanksgiving day, such note or bill is payable on the second day of grace. Chap. 32.

NEW JERSEY. Among the acts of the sixty-fourth general assembly of New Jersey, at its first and second sittings, in October, 1839, we find none of general interest and importance.

MISSISSIPPI. The laws and joint resolutions, passed at a session of the legislature of this state, held in January and February, 1840, amount to one hundred and eighty-seven in number.

Execution. Whenever an execution is levied upon any property, real or personal, it is to be first appraised, and then offered for sale by auction at two thirds the appraised value; but if a sale is not effected, further proceedings are to be stayed for a year, at which time, the property is to be sold for the most it will bring. Chap. 6.

Imprisonment for debt. No person can be imprisoned for debt, under any pretence, unless, upon issue submitted to a jury, it is found that the debtor has been guilty of fraud in concealing his property. Chap. 8.

cause,

Chancery. When the chancellor is incompetent to sit in a by reason of interest or otherwise, the parties are required, by their counsel, to select and agree upon some member of the bar, to sit as chancellor in the cause; and, if they do not make such selection, the court is to select four members of the bar, from whom one shall be chosen by lot. Chap. 11.

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Steamboats. The remedies and forms of proceeding, against steamboats and other watercrafts, are regulated By chap. 72.

Foreign insurance offices, or branches thereof, located in Mississippi, are exempted from taxation, and placed upon the same footing with similar offices in the state. Chap. 105.

Counsellors at law. Any person, who, upon examination by one of the supreme or circuit judges, or the chancellor, is found "to possess a competent share of law knowledge, and to be of good character," may be licensed to practise in all the courts of law and equity. Chap. 137.

LOUISIANA. The acts and resolutions of the second session of the fourteenth legislature of Louisiana, passed in the month of January last, amount to one hundred and twenty-six. Very few of them are of public interest.

Disturbance. The disturbing of any peaceable assembling of the people is punishable by fine and imprisonment. No. 10.

Slaves. An act to prevent slaves from being transported or conducted out of the state, against the will of their owners, provides as follows:

§ 1. Whenever a slave is found on board of any vessel, without the written consent of the owner, the owners, master, and captain are presumed to have received such slave, with the intention of depriving the master thereof; and this presumption can only be destroyed by the testimony of at least two witnesses, not employed in the vessel, and by corroborating circumstances.

SS2 and 4. The owner, master, and captain are responsible, in such case, for a fine of five hundred dollars, for each slave; and they are also made liable in solido and individually, for such fine and the value of the slave, together with damages.

3. The owner of the slave has a lien upon the vessel, for such fine, value, and damages. No. 80.

Imprisonment for debt is abolished, in all cases, except where the creditor, his agent, or attorney, shall make oath, that he verily believes the debtor is about to depart permanently from the state, without leaving in it sufficient property to satisfy the debt. No.

MARYLAND. The statutes passed by the general assembly of Maryland, at the session thereof which terminated in March last, are two constitutional, forty general, and two hundred and ninetyeight local; joint resolutions, sixty-nine.

Railroads. Intentional obstruction of railroads is made punishable by imprisonment in the penitentiary; and if death ensue therefrom, it is murder. Chap. 10.

Deeds in foreign countries. Consuls and vice-consuls of the United States are authorized to receive the acknowledgment of deeds and other instruments, executed in foreign countries. Chap. 13.

Foreign insurance companies. Agents of foreign insurance companies are required to pay a tax of two per centum upon the amount of all premiums received. Chap. 25.

Domestic slavery. The institution of domestic slavery is declared to exist and to be lawful in Maryland, in order that it may be conveniently proved in other states. Chap. 42.

PENNSYLVANIA. Among the public acts of the general assembly of this state, passed in the session of 1838-9, we find only one of general interest, namely, an act relating to

Elections, in which the whole election law is revised in one hundred and seventy-four sections, divided into ten parts. No. 192.

The legislative acts of 1839-40 will be noticed in our next number.

CRITICAL NOTICES.

1.—On International Copyright, in a Letter to the Hon. William C. Preston, Senator of the United States. Suum Cuique. By FRANCIS LIEBER. Wiley & Putnam, New York and London, 1840.

Two questions, connected with the subject of copyright, have recently occupied the public attention, namely: first, in regard to the further continuance and better protection of the author's right; and secondly, the protection of the author's right (whatever it may be) in a foreign country, or of a foreign author's in our own. In reference to the first of these questions, and in some degree also to the other, it is important to consider the nature of an author's right in his work. If the author's right is one of property, it may be urged with a very great show of justice and plausibility, that the laws ought to afford him adequate protection for its enjoyment. But this argument is by no means conclusive, of itself; unless it be also admitted, that the public have no rights in anything, inconsistent with the owner's exclusive right of property. If, on the other hand, the author is simply entitled to remuneration for services rendered to the public, the extent and value of that remuneration may be more rightfully determined and regulated by law; and may in some cases, perhaps, fall short of the protection commonly afforded to property. In this country, the nature of an author's right, at least for all practical purposes, has been determined by the federal constitution; which recognises only the right of an exclusive privilege to multiply copies and publish them for a limited period. It would seem, therefore, that, except as an abstract and purely theoretical question, it is idle for us to discuss

the nature of an author's right; since, in whatever light we may regard it, it cannot constitutionally be protected in the same manner that a right of property is. When, however, the question at issue does not relate to the nature of the protection to be afforded, but to the class of authors to whom it shall be granted, the subject of the author's right seems to have still less relevancy. And this brings us to the work before us, in which Mr. Lieber argues for the extension of copy-right to foreign authors, on the ground that an author's work is his property; an argument, which, if the remarks we have just made are well founded, is nearly immaterial to the question. Of what consequence, indeed, is it, whether an author's right is that of property or of remuneration, when we are considering the propriety of extending the same protection to a foreign author, who chooses to publish his book in this country, that we accord to our own citizens? The issue raised by Mr. Lieber is entirely beside the real question; and the argument, which he has taken so much pains to elaborate, would be better employed in favor of an amendment of the federal constitution.

From what we have just said, as well as from what we have elsewhere remarked, our readers will readily infer, that we do not look upon an author's right as a right of property. We consider it as one of remuneration only; and we will add, that we know of nothing more preposterous and absurd, than the passion, (for we cannot call it by any other name), which some authors have, for calling literary works property. We desire, as much as any one, to see the rights of authors amply and adequately protected; but we beg of them not to put their claims upon the false and untenable ground of a right of property. Let us not be misunderstood. We do not mean to say, that the right of an author ought not to be assimilated by positive enactment to that of property; but we do undertake and mean to say, that, in the absence of positive enactment, it is not and cannot be so. Since we have said thus much on this subject, we will conclude our remarks, with indicating the nature and mode of investigation, which, in our opinion, it would be necessary to pursue, in order to determine whether an author's right in his work, independent of all legisla

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