Il Diritto come Norma Tecnica. By A. RAVA. Cagliari, 1911.The separation of law from ethics-probably of German origin— does not seem complete in Italy. This work attempts to show that the norma or sanction affords a test of the category to which an act belongs.

Tra il Burlamachi e il Rousseau. By GIORGIO DEL VECCHIO. Ortona a Mare, 1910.-A brief examination of Rousseau's debt to Burlamachi in his political theories.

Les Torts ou Délits Civils en Droit Anglais. By ADRIEN GERARD. Laval, 1910.-This is an exceptionally good thesis for the doctorate at Rennes. The author takes for his motto the wellknown words of the Church Catechism, "To hurt nobody by word or deed." The information is interesting and correct and must have been the result of much study and labour. The leading English text-writers are referred to in the bibliography and notes, but some of the better known cases are not cited-in fact, the table of cases is rather meagre.

Justiz-und Urkundverhältnisse in Rumänien. By Dr. VLADIMIR PAPPAFAVA. Vienna, 1911.—The Author starts with the promise of justice made in 1866 by Prince Charles on his accession, and follows with a historical study leading to the existing law, and based on the Droit ancien et moderne of Professor Alexandresco of Jassy. The successive codes were based chiefly on the text-books of the Lower Empire, that compiled by Meletias in 1652, Pravitacea mare san Indreptare Legei, being the earliest.

PERIODICALS.

Zeitschrift für Internationales Recht. Vol. XXI. Leipsic, 1911.— Dr. Finke contributes a well-reasoned article on liability for collision at sea (p. 101). One on maritime prize by Herr Posse contains a very full bibliography on the subject of naval prize (p. 123).

Blätter für vergleichende Rechtswissenschaft und Volkswirtschaftslehre. Berlin, July, 1911.-The more interesting of the contents are an article on the recent Parliament Bill in England and another on the proposed new code for Servia.

Deutsche Juristen-Zeitung. Berlin, 1 July-15 Sept. 1911.Professor Kohler writes on what has been frequently noticed by

American jurists, the decay of precedent as a ground of judgment in the United States (p. 918). Zola's law is attacked at p. 923. There is an account of the celebration of the centenary of the University of Breslau, at which the faculty of law was strongly represented. Eichhorn appears to have been the most distinguished legal name connected with Breslau (p. 974). The honorary degrees on the occasion included Dr. Murray Butler, of Columbia University, N.Y.; Dr. Fitting, who has recently had his eightieth birthday appreciations, and is now the doyen of law teachers in Germany; and Dr. Otto Gierke.

La Giustizia Penale. 29 June 17 Aug. Rome, 1911. Prescription of crimes, almost unknown in England, is of frequent occurrence as a ground of decision in Italy. Five years is the usual time. See an example at p. 1009. Proceedings were taken against a priest for reciting at a funeral the prayers for the dead so as to be heard beyond the churchyard (p. 988). The Court of Cassazione declared that in Article 299 of the penal code the word o (or) was conjunctive and not disjunctive. The editor caustically remarks that the Court took a course contrary to that of the Emperor Claudius. He added three letters to the alphabet, he abolished one (p. 1033).

JAMES WILLIAMS.

Books received, reviews of which have been held over owing to want of space :-Chitty's Statutes, Vols. I & II; The Laws of England, Vols. XVII & XVIII; The Annual Practice; A.B. C. Guide to Practice; Green's Law for the American Farmer; Vercamer's Juridiction Mixte Egyptienne; Yearly Practice of the Supreme Court; Digest of Law Journal Reports and of the Law Reports 1906-10; Ashburner on Mortgages; Maude's Justices' Handbook on Evidence; Ashworth's English Constitutional History; Hanson's Death Duties; McCall's Business of Congress; Hill's World Organization; Bluff's Guide to the Bar; Bentwich's Law of Domicile and Succession; Allan's Housing of the Working Classes Acts; Brett's Leading Cases in Equity; Odgers' Libel and Slander; Wicker's Neutralization; Spencer's Municipal Origins; Cockle's Leading Cases on Evidence; Schuster's The German Commercial Code; Welford & Otter-Barry's Law of Fire Insurance; de Beer's Analysis of Salmond's Jurisprudence; Dixon's Commercial Law; Spencer's Agricultural Holdings Act 1908; Questions and Answers from the "Justice of the Peace."

Other Publications received :-Cambridge Diary for the Academical Year 1911-12 (Cambridge University Press); Powell's Lawyer's Remembrancer (Butterworth & Co.).

THE

LAW MAGAZINE AND REVIEW.

IT

No. CCCLXIII.-FEBRUARY, 1912.

I. MARRIAGE WITH FOREIGNERS.

T concerns British subjects, both men and women, and perhaps more particularly the latter, to have some knowledge of the legal incidents likely to arise in relation to marriage with foreigners.

A Blue Book,1 dealing with the laws relating to marriage in force in certain foreign countries, has recently been presented to both Houses of Parliament, revising previous official information issued on the subject.

The principal object of this publication is, as stated in the Introductory Note, to enable British subjects, desiring to contract marriage with a subject of any one of the countries mentioned therein, to take such precautions as they may think fit (a) to ensure that their marriage will be valid in all countries, and (b) to avoid committing a breach of the law of a foreign country, in which their marriage is to take place.

The information given is directed to the following three points :

(1) Whether British Consular Officers are permitted by the local laws to solemnise marriages in the foreign country, and whether marriages, so solemnised, are there recognised as valid; information upon this head

1 (Cd. 5993), Laws relating to Marriage in force in certain Foreign Countries. London: Wyman & Sons. 1911.

is only given in regard to such marriages as British Consular Officers are empowered to solemnise in virtue of the Foreign Marriage Act 1892, and the Orders in Council made thereunder;

(2) What special formalities are prescribed by the local law in the case of British subjects desiring to marry in the foreign country;

(3) What special formalities are prescribed by the law of the foreign country in the case of subjects of such foreign country desiring to marry British subjects in the United Kingdom.

This publication does not profess to set forth the English law relating to the points above mentioned, except in so far as the Foreign Marriage Act 1892 is concerned; but in connection therewith it is very material to consider also the intention of The Marriage with Foreigners Act 1906.

The latter Act expressly deals with matters relating to points (2) and (3).

As to (2), the first section provides in what way a British subject may obtain from the Registrar, or (if resident abroad) from the Marriage Officer, such a certificate as is required by the foreign law, to establish that no legal impediment exists to the proposed marriage; as to (3), in the case of foreign countries, with which arrangements have been made to the satisfaction of His Majesty for the issue of "certificates of no legal impediment" to a subject of any such foreign country, the second section gives power to make regulations by Order in Council (a) requiring any person subject to the marriage law of that foreign country, who is to be married to a British subject in the United Kingdom, to give notice of the fact to the person by, or in the presence of whom, the marriage is to be solemnised, and (b) forbidding any person,

to whom such a notice is given, to solemnise the marriage, unless a certificate of no impediment is produced to him.

It is not yet possible, so the Report states, to give definite information as to the application of The Marriage with Foreigners Act 1906, to marriages contracted abroad by British subjects with foreigners; and it does not appear that the power to make regulations under the Act, in respect of marriages of foreigners with British subjects contracted in the United Kingdom, has yet been exercised, so that section 2 of the Act is absolutely inoperative.

It is true that a slight and partial attempt to meet the trouble has been made by the Home Office, in the exercise of its inherent jurisdiction apart from the lastmentioned Act, by issuing a circular urging the Clergy and Registrars to insist upon the production by the foreign party of a certificate of no impediment, before celebrating a marriage between a British subject and a French citizen, and such a certificate may be procured from the French Consulate; it may be, too that, by comity, the consular authorities of other foreign countries give similar assistance; but this is not enough, and, in the absence of a general international agreement, the position remains full of serious risks.

There may be difficulties, which are not apparent, in establishing reciprocity herein between the United Kingdom and other countries; but whatever the difficulties may be, they should be resolved, so as to secure for British subjects, upon an international legal basis, the protection contemplated by The Marriage with Foreigners Act in making marriages, contracted in accordance therewith, universally valid.

In this connection it may be mentioned that the Hague Convention for the Regulation of Conflict of Laws respecting Marriage, signed 12th June, 1902, is annexed to the Blue Book, although Great Britain is not a party to it,