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the Army Regulations, and General and Special Orders. Part II. relates to the Law of War, or that branch of International Law which prescribes the rights and obligations of belligerents. This is not, like Military Law, a formal written code, but consists mainly of general rules derived from International Law, with a few legislative provisions and orders of the military power. Part III. treats of the Civil Functions and relations of the military towards the civil community.
Part I. occupies much the greater part of these volumes and is divided into twenty-five chapters, as follows: I. The Subject Defined and Divided Constitutional Provisions. II, The Written Law Articles of War and other Disciplinary Statutes. III. Army Regulations and Orders. IV. The Unwritten Military Law. V. The Court-Martial - Its History and Nature. VI. The Constitution of General Courts-Martial. VII. The Composition of General Courts-Martial. VIII. The Jurisdiction of General Courts-Martial, — IX. The Procedure of General Courts-Martial - Arrest. X. The Charge. XI. The Formal Ordering, Meeting, etc., of the Court. XII. The President and Members. XIII. The Judge-Advocate. XIV. Challenges. XV. Organization -- Arraignment Continuance Nolle Prosequi, XVI. Pleas and Motions. XVII. The Trial: - Hours of Session - Opening - Course of Proceedings — Defense Statement - Contempt. XVIII. Evidence. XIX. The Finding. XX. Sentence and Punishment. XXI. Action on the Proceedings The Reviewing Authority, XXII. Inferior Courts-Martial and Military Boards. XXIII. The Record. XXIV. Courts of Inquiry. XXV. Articles of War Separately Considered
Part II. is divided as follows: I. The Law of War as affecting the rights of our own people. II. The Law of War as affecting intercourse between enemies in general. III. The Law of War as specially applicable to enemies in arms. IV. The Status of Military Government and the Laws of War thereto pertaining. V. The Status of Martial Law and the Laws of War applicable thereto. VI. Trial and Punishment of offenses under the Law of War - The Military Commission. VII. Military Authority and Jurisdiction under the Reconstruction Acts of 1867.
Part III. treats, I., of the Employment of the Military in a Civil or Quasi-Civil Capacity. II. Liability of the Military to Civil Suit or Prosecution. III. Other Civil Relations of the Military.
An appendix contains the notable Articles of War from the Ordinance of Richard I. in 1190, down to the latest amendment of the American Articles of War in 1892, and the new Army Regulation of 1895.
There are numerous forms of charges and of proceedings under court-martial.
There are cited upwards of twenty-four hundred cases and trials. The part of this work treating of the laws of war is very interesting to a civilian, even in times of peace; and in these days of rumors of war it may have an unusual interest for the general reader. It embraces such interesting subjects as these : the taking and destruction of personal property; intercourse between enemies in general; rights and obligations as to enemies in arms; irregular armed bodies; weapons approved and not approved; truces and conventions; prisoners of war, their treatment, employment, discipline, exchange and parole; enforcement of the laws of war, including retaliation and reprisal; military
government, including the appointment of executive and military officers, the exaction of contributions, the seizure of property, real and personal, public and private, the compulsory employment and treatment of inhabitants, police regulations, oaths of allegiance, the regulation of elections, the direction of education or religious worship, the control of publications, restraint and punishment; and martial law, with numerous instances of its exercise. The above list comprises only a small part of the interesting subjects treated of.
This work is evidently complete, learned, reliable and well written. It is a work of authority, for a compendium of the first edition has been adopted by the Secretary of War for use as a text-book in the Military Academy, and there have been two editions of this. With the present edition the author has published a new annotated edition of the digest of the opinions of the Judge-Advocates General, which is frequently referred to in this treatise.
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WALKER ON PATENTS.-Text-Book of the Patent Laws of the United States of America.
By ALBERT H. WALKER, of the Hartford Bar. Third Edition. New York: Baker,
The jurisdiction of the Supreme Court of the United States has practically been taken away by the Judiciary Act of 1891, and that court has lately decided the last of the patent cases which had been taken to that tribunal before the passage of that act. Mr. Walker taking note of this fact in the preface to the edition of his work just issued, says: “ At this distinguished stage of legal evolution, the existing patent statutes, together with the thousands of patent decisions which have been made by the Supreme Court, and by the lower Federal courts under its guidance, contain materials for a nearly complete and a beautifully symmetrical science of the subject. To the study of the laws thus embodied and developed, I have devoted enthusiastic efforts for twenty years; and during the last eighteen of those years, I have practiced in those laws,'in Afteen of the United States. This edition of my book is a result of that experience, and of my careful revision and enlargement of the second edition, into accurate conformity with the present law. The differences between this edition and the second are far more numerous and important than those between the second and the first. No book so old as the second edition, nor even one a year younger, can be a reliable guide through the patent laws of to-day; but it is not probable that any development of those laws during any six years of the future, until Congress enacts a new system of patent statutes, will be nearly so extensive or important, as that of the six years which have passed since 1889. Except in the event of such an enactment, a necessity for another edition of this book, cannot now be foreseen; and therefore I present this edition to the bench and to the bar, as probably my final contribution to the literature of the patent laws."
The first edition of this treatise appeared in 1883. In the second which appeared in 1889, the work was greatly improved and enlarged. The present edition shows many changes and improvements as compared with the second edition. The cases cited exceed a thousand more than those in the second edition, and now number three thousand and upwards.
The work is well arranged, and is divided into twenty-two chapters. An appendix contains the Patent Statutes of the United States and Forms of Patent Pleadings.
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The Index of ifty pages seems to be ample and complete.
The book is well written and is a very valuable one to patent lawyers and to courts having jurisdiction of patent causes. We are disposed to believe that the author will not be allowed to retire upon this edition as his "-final contribution to the literature of the patent law.”
It is too valuable a book to be allowed to drop out of use in the early part of the next century, for the lack of re-editing.
SEDGWICK'S ELEMENTS OF DAMAGES. A Handbook for the Use of Students and Prac.
titioners, by ARTHUR G. SEDGWICK. Boston: Little, Brown and Company, 1896. pp. 336. Price, cloth, $2.50. Law Sheep, $3.00.
“This book is an attempt to review the law of Damages, to state its principles, so far as possible, in the form of rules or propositions of law, such as a court might lay down to a jury, - many of them have, in fact, been authoritatively laid down to juries,- and to illustrate these by the cases from which they have been drawn. It is not to be supposed that all the rules given are in force everywhere. But, taken altogether, they are intended to exhibit the Common Law Scheme of Damages. Where serious local differences exist, the difference has been stated, and its cause, so far as possible, explained."
The book opens with an admirable introduction upon the origin and develope ment of the law of Damages. Fifty years ago there was but a single text-book on this title of the law. That was an English work. The treatise on the subject by the author's distinguished father appeared in 1847, and it has now passed passed through eight editious. It has grown from one volume of six hundred pages to three large volumes. Other systematic treatises have since appeared. The title has also become a prominent one in the Reports and Digests.
Originally, as our author shows, jurors wereclothed with practically absolute power as to the damages awarded. They were supposed to be persons cognizant of the matter in dispute and to be judges between the parties. So late as the time of Lord Mansfield counsel contended that “the court cannot measure the ground on which the jury find damages that may be thought large.”
It was only when the jury became a tribunal to decide upon the credibility of the testimony offered by the parties, under the guidance of the court, that the courts began to formulate rules of damages, and thus rendered it possible that there should be such a thing as the Law of Damages. " A law of damages must consist of uniform rules applicable to various classses of cases; and such rules cannot be uniform unless the court is compelled to lay them down and the jury is compelled to apply them. For the development of such a system, it was necessary, first, that the court should obtain control over the machinery of proof; second, that it should find means of making the verdict conform to a standard of damages derived from legal principles; third, that these legal principles, once enunciated, should be binding upon itself. In modern procedure all these requirements are met."
Mr. Sedgwick divides his book into two parts: Part I. deals with principles and rules of a general character affecting the measure and proof of damages. Part II. deals with the rules governing in particular classes of actions. His mode of treatment consists in stating in each chapter the general principles of the subject treated of, and then stating a rule or rules followed by illustrations
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from the decisions of the courts. When the subject requires it, principles are stated, the rule or rules deduced, and illustrations given in different parts of the same chapter. The rules are numbered consecutively throughout the book, there being one hundred and ten in all.
This handbook is in no sense an abridgment of the well-known and excellent work, “ Sedgwick on Damages.” That is a work for the practicing lawyer, while this is intended primarily for the use of students; but this will be found by practitioners a most useful book, either by itself or in connection with the complete treatise. As a student's book it is very admirable. Probably no one but the author can see how it could be made better than it is.
The work is dedicated to F. V. Balch, an ancient Real Property lawyer of Boston.
bei LPLOTERS' LI.
13, CONRAD RES then purporations, in e Boston Cnire in birerside Press,
THE FRENCH LAW OF MARRIAGE.- Marriage Contracts and Divorce, and the Conflict of
Laws arising therefrom; being a second edition of “ Kelly's French Law of Marriage," revised and enlarged by OLIVER E. BODINGTON, B. A. (Lond.), of the Inner Temple, Bar. rister-at-Law, member of the Federal Bar, U. S. A.; Licencié en droit de la faculté de Paris. London: Stevens and Sons, Limited, 119 & 120 Chancery Lane. New York: Baker, Voorhis & Co., Law Publishers and Booksellers. 1895. pp. 280.
In the preface to the first edition of this book, Mr. Kelly said: “An article on the French Law of Marriage, addressed exclusively to the profession, in the pages of the AMERICAN LAW REVIEW, is found to have an interest for the public which, at the time of writing, was not anticipated. I have been induced, therefore, to republish this article in Europe, and have availed of the opportunity to add to it a few chapters on the conflict of laws to which the peculiar provisions of the Civil Code have given rise, in hope that they may prove useful to students of Private International Law. They embody the result of many years' practice in Paris, and, for the first time, to my knowledge, collect and classify the decisions and discussions on this subject -scattered through M. Clunet's admirable Journal du Droit International Privé, which constitutes the workshop of all those engaged in the study of the conflict of laws in France.' The article referred to appeared in this REVIEW in 1884. The first edition of Mr. Kelly's book appeared in 1885, and contained 158 pages. The present edition contains 280 pages. The additions now made consist chiefly of a review of the decisions rendered since the first edition appeared; the text and translation of the new articles imported into the code by the Divorce Laws of 1884 and 1886; a new chapter upon Procedure under the last named law; and a general revision of the text. The provisions of the French Civil Code relating to Marriage and Divorce are given in French, with a translation in parallel columns, and with notes appended.
There is an Appendix upon Marriages at the United States Embassy; upon Consular certificates and upon certificates required under the code, with forms of such certificate.
The French law of marriage is of interest out of France for the reason that, by the Civil Code all Frenchmen, even though they reside in a foreign country, are subject to the laws of France as regards their status and capacity. If a citizen of France marries in a foreign country the marriage is not good in France unless it conforms to the French law, in respect to age, consent of parents and other matters. The French Code follows the Frenchman wherever
he goes. As was said in a notice in this REVIEW of the first edition of this book, “ the doctrine of the common law, it is well known, gives paramount importance to the law of the place, and according to that law, a man when he goes about the world does not carry the statute books of his country upon his back.” Not so with the Frenchman; he must carry the French code with him, if he contemplates a return to his native land.
REXO'S EMPLOYERS' LIABILITY ACTS.- A Treatise on the Law of Employers' Liability
Acts, by CONRAD RENO, LL.B., Author of a treatise on the law of non-residents and foreign corporations, etc.; member of the Boston Bar, and instructor in the School of Law of Boston University, Boston and New York: Houghton, Mimin and Company. The Riverside Press, Cambridge. 1896. pp. xiv and 423. Price, $5.00, net.
This is a new work upon a new subject in American Jurisprudence. The author in his preface states the occasion for the publication of an American work upon this subject. “The English Employers' Liability Act of 1880 has been followed in the United States by the Alabama Act of 1885, the Massachusetts' Act of 1887, and the Colorado and Indiana Acts, both passed in 1893. Many decisions of the highest courts in these jurisdictions have been rendered in actions brought under these statutes, and many questions are now settled. Though differing somewhat in details, these statutes agree in their main features, and all have the effect of extending the common-law liability of employers for personal injuries suffered by their employés. In some directions, the enlargement of the employé's rights has been considerable. The most important provisions are those which give the employé a right of action against his employer for injuries caused by reason of the negligence of the employer's superintendent, and, in the case of railroad employés, for injuries caused by reason of the negligence of any person having the charge or control of certain railroad instrumentalities.” These acts, passed in a few States, will doubtless be followed soon by similar acts in many other States. The tendency of legislation everywhere is in that direction. Mr. Reno's book is divided into seventeen chapters and two hundred and forty-two sections. The chapter headings, which serve to show the subject-matter of the sections, are as follows: Chapter
I. General Principles.