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The Green Bag

explaining, that h ‘17111139565 to adopt a novel treatment‘. The‘ ring of the earlylcases on‘ the moderri'doctrines of blockade and continuous voyage is considered. "The Declaration of London." By Leverton

A succinct account of the customs of these peoples as_ regards marriage, legitimacy and succession. Medical Jurisprudence. See Evidence. Mining.

Harris, M.P.

"The Mining Law of Ontario."

National Review, v. 56, p. 393 By S. Price, K.C.

30 Canadian Law Times

(Nov.). 853 (Nov.). So much has appeared about the Declara tion that one rather expects not to ﬁnd much new light thrown upon it. This writer, how ever, attacks the subject in a more contro versial spirit than we have thus far seen exhibited. He believes that the ratification of the Declaration by Great Britain would imperil that country in time of war, section 35,

relating _to the destination of contraband cargo, giving Germany and other countries an unfair advantage. He therefore urges that it not be ratiﬁed. _ "The Declaration of London." By Sir John Macdonell, LL.D. 9 journal of Com parative Legislation, pt. 1, no. 23, p. 68 (Nov.). Read before the International Law Asso

ciation last summer.

See 22

Green

Bag

598, 609. See International Law.

Marriage and Divorce. “Breach of Promise of Marriage.” By Edward Manson. Qjournal of Comparative Legislation, pt. 1. no. 23, p. 156 (Nov.). The rulin of Lord Raymond. that an exchange 0 mutual promises to marry creates an actionable contract. is as true now in England as it was a hundred and eighty years ago. Examination of the law in the most important countries shows that speciﬁc performance of such a contract has become an anachronism. The pendulum has swung so far in the opposite direction, in most Con tinental countries, that no actionable right is

created, the remedy bein conﬁned to special damage in the nature 0 tort ﬂowing from the

breach.

But

England,

Scotland,

the

United States. and modern Roman-Dutch law take a middle course. "A promise of marriage without being speciﬁcally enforceable is still a valid contract, and the breach of it

gives a cause of action." "The Problem of Marriage and Divorce." By C. A. Hereshoﬁ Bartlett. 36 Law Maga zine and Review 1 (Nov.). The author's argument amounts to a plea for the extension of the principle of void ability of marriages on account of mis representation, for the problem of marriage itself must be faced before we take up that of divorce. The author thus shows himself more inclined to regard marriage as a contract than as a status. “Marriage and Legal Customs of the Edo Speaking Peoples of Nigeria." By Northcote Thomas. 9 journal of Comparative Legisla tion, pt. 1, no. 23, p. 94 (Nov.).

A brief résumé of the legislation of the Province, by its Mining Commissioner. monopolies. "The Supreme Court and the Sherman Anti-Trust Act." By Harold Evans. 59 Univ. of Pa. LawReview 61 (Nov.). This writer com lains that the phrase “restraint- of trade,’ originally applied to a. particular Species of contracts, has come to be used synonymously with “restraint of com petition," with reference to contracts in eneral. This has led to confusion, he thinks, or the former class of contracts is properly subject to the reasonableness test, while the ness properortest unreasonableness for the latter is not of the thereasonable— restraint, but its extent.

The judicial construction of

the Sherman act, he goes on to say, has

changed the common law existing before the passage of the act. inasmuch as it has led to the treatment of all restraints of competition as illegal, regardless of the reasonableness rule. Mr. Evans. however. apiparently approyes of this change in the law. or he believes in the maintenance of free competition and does not wish to see the Sherman act amended. “Has the Sugar-Trust Case been Over ruled?" By Stuart Chevalier. 44 American Law Review 858 (Nov.-Dec.). "The course pursued by the Supreme Court through these successive anti-trust cases from the Knight case down to the present time is comparable to that of a ship sailing forth into unknown waters and picking at ﬁrst a precarious and winding path among the breakers and around the hidden shoals, its general direction changing and wavering and its ﬁnal destination a pearing to the observer uncertain, until at st it steers out safely into the open sea and points its prow toward the straight course which it thereafter ursues."

And that course, we are told,

eads in an op site direction from that of the ruling in the night case. "The Sherman Anti-Trust Law." By M. S. Hottenstein. 44 American Law Review 827 (Nov.-Dec.).

The author outlines the history of the chief cases arising under the Sherman act, and most of the facts he adduces are already familiar to well-informed lawyers. He has no independent obseryations_to offer of a particularly novel or interesting kind. “The Surrender of New England." By Charles Edward Russell.

Hampton's, v. 25,

p. 759 (Dec.). A foolish article by a writer who appears