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The Green Bag

their disposal. Our English codifiers are performing their self-imposed work with marked abiKty. The one danger to be feared is that they should not give long and ample thought to the drafting of every article in their Digest. It were better that their sub scribers should wait a year or two for their expected volumes than that the volumes, when received, should be either imperfect or inaccurate statements of the law." Codification (New York). "The Progress of Law Reform in New York." By Raymond H. Arnot. 43 American Law Review 53 (Jan.-Feb.). A concise summary of the history of law reform in New York since colonial times, covering the activity of David Dudley Field and his colleagues and the work of statutory revision which has come since the adoption of the codes. Codification (United States). "The Na tion's First Penal Code." By Senator George Sutherland of Utah. North American Review, v. 189, p. 107 (Jan.). Discusses a most important bill to codify, revise, and amend the penal laws of the United States, embodying the whole substan tive criminal law of the nation. This bill passed the Senate a year ago and is now receiving the careful consideration of the Joint Committee of the two houses. Constitutional Law. See under special topics, e. g.. Bill of Rights, Corporations, Status, etc. Contracts (Illegal). "Hyams v. Stuart King." By Professor A. V. Dicey. 25 Law Quarterly Review 76 (Jan.). This is a discussion of a decision in a case decided in 1908 by the Court of Appeal (2 K. B. 696, 77 L. J. K. B. 794) involving an evasion of the gaming acts, the plaintiff hav ing won his action for an obligation which, though due on a wager, is not clearly within the terms of 8 and 9 Vict. c. 109. Professor Dicey concludes that this decision has for the time nullified the Gaming Act of 1835 and the Gaming Act of 1845, section 18. He considers that public feeling will soon require legislation freeing courts from the necessity of enforcing the payment of wagers. Contracts (Public). "Government Con tracts—Before the Accounting Officers." By Charles F. Carusi. 43 American Law Review 1 (Jan.-Feb.). This is a minute description of the public contracts of the United States and the statute requirements with reference to them. The

article is to be followed by another in the same periodical to be entitled "Government Contracts—Before the Court of Claims." Contracts (Wills Upon Consideration). The Public Policy of Contracts to Will Future Acquired Property." By Joseph H. Drake. 7 Michigan Law Review 318 (Feb.). This paper considers the manner in which courts have approached the subject of wills upon consideration, which problem has given them a great deal of trouble not only in Eng land and America, but also in the Continental countries. The Code Napoleon appears in terms actually to prohibit the making of reciprocal or mutual wills in the same instru ment. This provision, as adopted into the Louisiana Civil Code, has been construed by the courts of that state as formal only, leav ing open the question of the legality of the joint will itself if it has not been made in the same instrument. The author points out that there is much conflict among various jurisdictions and some confusion in the deci sions. Dufour v. Pereira, 1 Dickens 419, decided by Lord Camden in 1769, is a leading case upholding the validity of joint instruments, but later cases have by no means adhered to this authority, although its doctrines were followed in In re Sutton Davis' Will (1897), 120 N. C. 13, overruling Clayton v. Liverman (1837), 2 Dev. and Bat. 558. Conveyances. (Torrens System). "Some thing New in Torrens' Land Law—The Con structive Spirit in Legislation." By Richard W. Hale. 43 American Law Review 97 (Jan.Feb.). Referring to a revised draft of the Land Court and land registration law prepared by Charles S. Rackemann, Esq., of Boston for presentation to the Massachusetts Legisla ture this winter. This draft has been pre pared by one of the opponents of the Torrens system as it now exists in Massachusetts, and is proposed as a measure by means of which alleged defects in that system may be re moved and titles registered in it thus far may be confirmed. The author of the article thinks this draft should receive the careful consideration of the bar on account of the constitutional questions involved. Corporations. "Regularity of Directors' Meetings Held Outside of the State of Cor porate Organization." By Stephen Philbin Anderton. 16 Bench and Bar 23 (Jan.).