the same denomination in both contracting countries. The learned Judge's suggested remedy is to discard attempts to find a common denominator in each case, and simply to let each country agree to extradite persons who have committed certain acts which are well-defined crimes according to the law of the other, without making it necessary to see precisely what crime these acts would constitute according to its own definitions. Dr. Berger and Dr. Lengyel dealt with more subtle points, such as the effect of prescription in one country, or the non-appearance of a private prosecutor where that is a sine qua non by the law of one country, upon extradition by another; while Prof. R. Vambéry urged the necessity of some common agreement as to the principles on which States should limit their penal activities. Eventually the subject was, after some discussion, referred to the Executive Council for examination by a committee.

The conference then took up what is in many respects the most practically important work on which it was engaged. It is thirty years since, under the impulse of that vigorous and able propagandist, Dr. Borchardt, and its equally energetic secretary, the late Mr. H. D. Jencken, it arrived at the simple propositions of law in matters of bills of exchange, which are known as the "Bremen Rules," though as a matter of fact they were considered and added to at Antwerp, Frankfort and London. Unfortunately, that work was of little immediate avail, as both the gentlemen who took such an interest in it died within a few months of each other. After this lapse of time the subject has once more come into prominence. Dr. Marais (Paris) exhibited the contradictions and inconsistencies which arise from the fact that the present French law does not recognise an indorsement in blank, whilst apparently admitting that the bona fide transfereee can, using his quality of mandatary, indorse to himself or to a subsequent holder. Mr. Barnard Byles offered an exhaustive exposition of the

state of law and opinion in England on the subject, which will prove of permanent value, as little or nothing has been published on the topic in this country for many years. He expressed the strong opinion that English traders would be inclined to accept a change in their present law only in the comparatively small matters of (1) the abolition of days of grace; (2) the doctrine of "reasonable" time; (3) the introduction of the system of guaranteeing payment by "aval." In the matters of prescription, of the giving of security by the drawer in case of non-acceptance, and of reference to oath, he could see no prospect of radical changes being adopted. Dr. Sichermann (Kassa), commented in a lucid and instructive manner on the clauses of the "Bremen Rules" seriatim; holding that they very fairly combined the advantages of German theoretic principle and British common-sense in practical details.

The principal modifications which he suggested were (1) the maintenance of the negotiability of an overdue bill; (2) the admission, under certain conditions, of the right to cancel a written acceptance; (3) the making date and place unnecessary to be expressed. A sub-committee was appointed to consider all these papers, and to report sur le champ. To their report we shall refer in the sequel. It virtually adopted all Dr. Sichermann's suggestions.

On the subject of the Sale of Goods, Professor Jitta, whose volumes on the International Law of Obligations have attracted so much attention recently, contributed a short paper. Dr. Jitta called attention to the desirability of concentrating effort upon the comparison of the substantive obligations which arise in different legal systems upon the conclusion of a sale-leaving out of account, in the meanwhile, all questions regarding the formation of the contract on the one hand, and of its operation as a conveyance on the other. Professor Neuman (Buda-Pesth) presented a most exhaustive paper, dealing mainly with the speculative

sale of goods. With the caution of long experience, he was impressed by the divergencies of rule which underlie the superficial similarity of various municipal laws of sale. Dr. Laszlö, on the other hand, was more struck by the points of similarity, and preached a vigorous campaign of unification, which Professor Neuman was inclined to regard as premature. The conference was incompetent tantas componere lites, and passed a non-committal resolution.

Foreign Judgments, and their executory character, have been a little neglected by the Association since a draft code was adopted in 1901 at Glasgow. Papers, such as that of Mr. Fliflet of Christiania, have been heard with interest, but no practical steps have been taken towards a settlement of the questions involved. Dr. I. Hévesi (Buda-Pesth) now laid before the conference a paper recommending that the Italian Government should be approached with a view to securing by international agreement the universal adoption of the Glasgow principles, modified so as to extend to compromises and effective arbitral decrees, and so as to admit of summary execution in the case of a judgment on a negotiable instrument; and lastly, so as to take away from the foreign Court any discretion to enforce irregular judgments, or to examine whether or not they had been obtained by "fraud." In the course of his work he gave a valuable summary of the manner in which foreign decrees are regarded in different countries. It appears that Portugal is particularly liberal, not requiring any reciprocity on the part of the foreign country where the judgment has been obtained. It is usual in England to regard as unique our rule that foreign judgments are not executory but may form the ground of an action; but it seems also to prevail in Scandinavia and in Luxemburg; while in Holland, although judgments are of no avail, arbitral decrees can be sued on as simple contracts.

Mr. Todd's paper on Comparative Procedure dealt with

the three topics of the Conseil de famille; Administration of goods; the effect to be attributed to Entries in Business Books; Summary Judgment, and Foreign Judgments. The author was of opinion that this country might well adopt the Conseil de famille, the process of summary judgment on bills, and the positive requirement that traders should keep proper business books, so that we need no longer fear "the reproach that debts are more difficult to recover [here] than in almost any of the chief Continental nations." On the other hand, the English executor was held up, along with his colleague the administrator, as a model worthy of imitation by foreign countries. Regarding Foreign Judgments, he adduced the valid and rather novel consideration that our system of taking evidence is so different from that which obtains on the Continent, that the results of the two processes (the judgments) are hardly in pari materia. The matters raised by Dr. Hévesi's paper and Mr. Todd's were referred to the existing committee on foreign judgments.

On the "Authentication of Foreign Law in Court Procedure," Dr. Doroghi (Buda-Pesth) read an excellent paper, recommending that each country should have a special department charged with the duty of explaining its law to foreign Courts. The conference agreed that some adequate organisation for the purpose was desirable.

Very complete accounts of the legal position of shipmasters and seamen were furnished by Judge L. Benyovitz (Fiume and Buda-Pesth) and Dr. Govare (Paris), the latter dealing with the law of France exclusively. Both will be found of great value by the commercial community as repertoires of information of a kind not easily collected.

Professor Baumgarten (Buda-Pesth) and Dr. G. Páp (ibid.) read papers which threw great light on the yet untilled fields which are opened up to juristic science by the legislation of recent years securing compensation to workmen. Quasicontractual obligations are precisely those which the science

of Private International Law is least able to solve. The rapid spread of such liabilities makes it imperative that the question should be grappled with. A general feeling was expressed that no narrow feelings of chauvinism ought to debar a workman from relief on account of his nationality.

On the subject of the Law of Marriage and Divorce, Mr. J. Arthur Barratt, as convener of the committee appointed at Berlin, had circulated a questionnaire to which several replies had been received; but, pending the arrival of others, it was thought better to postpone the consideration of the matter. Papers were read on behalf of Professor Gabba (on Divorce in fraudem legis), and by Mr. Charteris (Glasgow), who contributed a useful exposition of the recent "Marriage with Foreigners Act." He showed that, so far, the Act was inoperative, owing to the non-conclusion of the necessary conventions; and he also offered some observations on the inadequate phrase "subject to" the marriage law of a foreign country.

On "The Strike Clause in relation to Demurrage "a subject which has a real and pressing interest for the mercantile community, a Parisian lawyer-Dr. Georges Barbey-read a paper. Lex non cogit ad impossibilia: but jurisprudence at first refused to regard the practical impossibility of dealing with cargo, which arises from a strike, as releasing the charterer from his bargain with the shipowner. Thus in France a strike does not constitute force majeure. But more recently local Courts, led by local sympathies, began to consider it force majeure when it was sudden and serious. This doctrine entirely robbed the shipowner of all protection, even when the charterer may have been morally responsible for the strike. And decisions of the Court of Cassation, on the other hand, went far to deprive charterers of the protection they tried to secure by clauses in charter-parties: for it restricted the operation of such clauses to the cases of serious strikes,