482
The Green Bag
Military Law. "Military Law: Its .Origin, Development and Application." By Col. W. E. Hodgins. L 30 Canadian Law Times 485 (June). The subject is treated from a Canadian standpoint. Mistake. “Mistake of Fact as a Ground for
Affirmative Equitable Relief.” By Edwin H. Abbot, Jr. 23 Harvard Law Review 608 (June). The author thus summarizes his proposi tions:— “1. To be a ground for relief the mistake must relate to a present existing fact and must not be due to a want of ordinary care on the part of the plaintiff. "2. If the plaintiff seek reformation of a writing intended to set forth a transaction based on valuable consideration, the laintifi must establish a prior bar ain upon w ich the parties agreed, and that y mutual mistake, or mistake on the part of the
laintifi, and
knowledge thereof on the part 0 the defend ant, that writing fails to express the prior bargain. "3. If the plaintifi seek reformation of a writing intended to set forth a gift, he must show that by mistake in reducing the terms of the gift to writing, the writing fails to express the donor's intention; but in such a case the donor is the only party who may obtain this relief, since equit will not interfere to in crease the gift in avor of the donee who is a mere volunteer. “4. If the plaintifi seek rescission, he must show that the parties entered into the agree ment under a mutual mistake as to some matter actually contracted about; or else that the defendant became cognizant of the plain
Pardons. "The Pardoning Power.” By Hon. Charles ]. Bonaparte. 19 Yale Law journal 603 (June). Mr. Bonaparte takes the abuse of executive clemenc by the Governor of Tennessee in the recent ooper case as his text, and declares that "the exercise of any form of executive clemency for whatever purpose is undoubtedly open to ve abuse; responsibility to public opinion or its em loyment to proper ends should be strict an carefully defined." Penal Administration. "Crime and its Punishment in Chicago." By William N. Gemmill, Judge of the Chicago Municipal Court. 1 journal of Criminal Law and Criminology, no. 2, p. 29 (July). See p. 474 supra. See Criminology. Penal Law. “A Plea for Standardizing Legal Punishments in India." By an Old Judge. 22
juridical Review 1 (May). Urging the recasting of the Indian Penal Code to remove serious defects which the author considers to arise from the great latitude and uncertainty of the law as to sen tences.
"Anglo-American Philosophies of Penal Law: I,Thomas Hill Green." 1 journal of Criminal Law and Criminology, no. 1, p. 19 (May). See p. 474 supra. ' See Criminology, Pardons, Police Adminis tration.
tiff's mistake at, or prior to, the making of the
Pleading. See Procedure. Police Administration. "The Police Authori ties of the United Kingdom: Their Constitu
agreement."
tion, Revenue, and Responsibility at Law."
monopolies. "Modern Medizevalism." By Dr. Frank T. Carlton. Popular Science Monthly v. 77, p. 56 (July).
The writer considers economic heresy as bitterly condemned in the twentieth century as religious heresy in the middle ages. The mediaevalism of which he writes is found in the alliance of capital with the state and in modern forms of special privilege. There are signs that the age of competition has passed. The coming epoch will be marked by many resemblances to the mediaeval period. Mortgages.
See Railways.
Negotiable Instruments Act. "An Ambigu ity in the Negotiable Instruments Law.” By Prof. Samuel Williston. 23 Harvard Law Re view 603 (June). The ambiguity is found in a section of the uniform act relating to the presentation for payment of instruments falling due on Satur day, an ambiguity which caused such uneasi ness to Boston bankers that it has secured an amendment of the Massachusetts act this year.
By J. Anderson Maclaren.
22 juridical Re
view 38 (May). "The Lighter Side of My Oflicial Life: Some Scotland Yard Stories."
K. C. B.
By Sir R. Anderson,
Blackwood's Illagasine, v. 187, p.
832 (June). Very readable reminiscences are_ given in this instalment, of running down criminals at
Scotland Yard by some ingenious methods. Police Power. See Labor Regulation. Practice of Law. “The Country Lawyer." By W. U. Hensel. 58 Univ. of Pa. Law Re view 521 (June).
An address given before the Sharswood Club of the Law School of the University of Pennsylvania, at its twenty-seventh annual dinner, at the Bellevue-Stratford, Philadel phia, last A ril. Dealing with the needed equipment 0 the country practitioner, and indicating some of his opportunities. “The Legal Profession in Scotland.” By G. W. Wilton. 22 juridical Review 28 (May). Discountenancing as improper a practice
