work has the advantage. In Vol. I., after some opening remarks on the value of the study of Roman law and of legal history, we have a sketch of the development of Roman law from the earliest times to the Corpus Juris of Justinian, followed by some account of the post-Justinian law to the end of the Eastern Roman Empire by the capture of Constantinople by the Turks in 1453, and a concise treatment of the history and reception of the Roman civil law in the modern world,-in Abyssinia, and the Mohammedan countries, in Malta, Greece, the Balkan States, Russia, Italy during different periods, Austria-Hungaria, France during different periods, Belgium, Holland, Germany, England, and many other countries. Vol. II. sets out the leading principles of the perfected system of the Roman civil law; and Vol. III. gives a list of Roman and modern guides to the subjects dealt with, an exhaustive general bibliography of Roman law, and a general index.

To carry out this scheme, and to set forth the history of Roman or civil law in the various countries of the modern world, must, though largely based on the labours of others, have involved an infinity of trouble, and was well worth doing, and has, we think, been, taken as a whole, very well done. The book contains a great mass of ordered information for the British and American student.

At the same time there is a fair amount of that sort of Roman law cant,-if we may use the expression,

which

Seems inseparable from any treatment of the

subject. For example (Vol. I., p. 86), we read:"The following extracts from Papineau's works exhibit his brilliant legal genius:

This is considered a gift which is yielded

under the compulsion of no legal right. No one may change his

purpose

garded

to the violation of another's right. A person is not reas having lost property which he did not own. The law

always draws an inference of fraud not from the event alone but from the intention. In all law particular words derogate from general words, and that expression is the most potent which points to a specific object. Whatever has been paid by mistake, or ille

gally,

or for a cause followed by no effect, may be recovered by

an action. A rule of public policy cannot be changed by a private

contract."

Now we fail to see that a single one of these statements exhibit brilliant legal genius.

Again we have to question the accuracy of a statement here and there. Thus (Vol. I., p. 105), we read—

'In A.D. 342 by a statute of the sons of Constantine, remittance by formula of a case for trial was absolutely prohibited. The result was the obliteration of whatever remained of the old Republican distinction between jus civile and jus honorarium.'

But surely that distinction was a distinction between different sets of legal rules and principles, and did not depend on the maintenance of the formulary system. What did depend on the latter was the distinction between the two stages of a Roman action, that in jure and that in judicio.

Again we are told (Vol. I., p. 85), that when Papinian was called on by the tyrant Caracalla to defend the murder of his brother Geta, he replied: "It is easier to commit than to defend parricide." We hope that what Papinian really said, is what Muirhead in his Roman Law tells us that he said, viz., that 'to defend the murder of the innocent is to slay him afresh.’

Then again we read (Vol. II., p. 318), that' modern law has simply completed the evolution of this Roman doctrine' (i.e., causa civilis), by expressly making consideration a requisite for every contract.' But the English doctrine of consideration had an independent historical explanation of its own in the rise of the action of assumpsit, and we may be content to refer to Holland's Jurisprudence for its fundamental distinction from the Roman doctrine of the necessity of a causa civilis to the binding effect of agreement.

And in Vol. II., sec. 828, it seems to us a serious omission not to mention in connection with the Lex Aquilia the extraordinary rule of damages whereby the greatest value of an animal reckoned among cattle within the twelve months preceding the wrongful destruction of it was recoverable by its owner. We have ever seen it explained.

Lastly, we feel bound to remark on the amazing number of misprints. In the second volume we have noted over forty. These, however, can easily be corrected in a further edition. In conclusion, we are glad to be able to pay a tribute to the really able and learned review of this book by Mr. W. H. Page, in the Harvard Law Review for February last.

A. H. F. L.

Archbold's Pleading, Evidence, and Practice in Criminal Cases, by Sir John Jervis, late Lord Chief Justice of the Court of Common Pleas, with the Statutes, Precedents of Indictments, etc. 25th Edition. By Henry Delacombe Roome, of the Middle Temple and South-Eastern Circuit, and Robert Ernest Ross, of the Middle Temple. Principal Clerk in the Court of Criminal Appeal, Barristers-at-Law. London: Sweet and Maxwell, Ltd.: Stevens & Sons, Ltd.: 1918: Pp. cxxxiii.+1556. Price, $11.50. On sale at Carswell Co., Ltd., 19 Duncan Street, Toronto.

It is not necessary to do more than state that a new edition of this famous book is on the market.

The Seventeenth Annual Report of The Canadian Association for the Prevention of Tuberculosis, 1917, with transactions of the Annual Meeting held in September 26th, 1917: The Mortimer Co., Ltd., Ottawa, Montreal, Toronto.

Ottawa on

We have also received for review notice:

The Law Relating to Trading with the Enemy, together with a consideration of the Civil Rights and Disabilities of Alien Enemies and of the Effect of War on Contracts with Alien Enemies, by Charles Henry Huberich, I.U.D., D.C.L., LL.D., of the United States Supreme Court Bar, formerly Professor of Law in the Leland Stanford Junior University: New York: Baker, Voorhis & Company, 1918. Pp. xxxii. + 485.

Columbia University Lectures: American City Progress and The Law: The Hewitt Lectures, 1917: New York: Columbia University Press, 1918. Pp. 269. Price $1.50 net.

THE GAZETTES.

The Canada Gazette of March 16th contains a Royal Proclamation calling 7-8 Edw. VII., c. 40, D., An Act respecting Juvenile Delinquents, into force in the Eastern Judicial District of Manitoba.

The Canada Gazette of March 23rd contains Dominion Regulations for the treatment and care of insane members of Canadian Service,-being those in force for the Canadian Expeditionary Force, but adapted to the requirements of the Canadian Naval Service.

Also the Special Fishery Regulations for British Columbia as amended February 28th, 1918.

The Canada Gazette of March 27th contains Regulations of the Canada Food Board respecting the consumption of food.

The Canada Gazette of April 6th contains a Royal Proclamation applying Part XII. of The Canada Shipping Act, R. S. C. 1906, c. 113, to Port Alberni, in British Columbia.

The Alberta Gazette of March 15th contains a provincial Order-in-Council of February 25th, 1918, amending sec. 24 of the Consolidated Rules of Court relating to applications for and grant of Letters of Administration and Guardianship by adding to the first sub-section thereof the following proviso:

'Provided that if upon any application for the resealing of any probate or letters of administration or other legal document purporting to be of the same nature, or any exemplification thereof, the judge is satisfied that a beneficiary of the estate is an alien enemy, he shall attach or endorse on every such probate or letters of administration or other legal document purporting to be of the same nature or any exemplification thereof, before causing the same to be resealed, the following words of restriction: "This grant is made upon the condition that no portion of the assets shall be distributed or paid during the war to any beneficiary or

creditor who is a German, Austro-Hungarian, Turkish or Bulgarian subject, or other alien enemy, wherever resident, or to anyone on his behalf, or to or on behalf of any person resident in Germany, Austria-Hungary, Turkey or Bulgaria, or other enemy country, of whatever nationality, without the express sanction of the Crown acting through the Treasury, and if any distribution or payment is made contrary to this condition the grant of probate or letters of administration will be forthwith revoked."'

The British Columbia Gazette of March 28th contains an Order-in-Council of February 7th to the same general effect.

LOCAL AND PERSONAL.

Miss Adelaide H. Grenside, B.A., of Toronto University, has joined the staff of Messrs. Munton, Morris, King & Co., of London, England, with the object of being articled to them as international agents, to be supplemented by Articles under the Solicitors Acts if the profession is thrown open to women.

Lieut. John F. P. Birnie, barrister, formerly of Peterborough, Ont., has been wounded. He was with a battery of the Canadian Field Artillery.

Mr. Neil A. MacMillan, of the town of North Sydney, Cape Breton, has been created a King's Counsel.

Brig. General Embury, K.C., Hector Y. MacDonald, K.C., G. E. Taylor, K.C., and H. V. Bigelow, K.C., have been appointed judges to the Court of King's Bench of Saskatchewan.

Mr. John E. Askwith, Deputy Police Magistrate, has been appointed Police Magistrate for the City of Ottawa; and Mr. W. J. Kidd, barrister, has been appointed Deputy Magistrate.

A Bill has been introduced into the British Columbia Legislature to amend the Legal Professions Act so as