husband's estate;' and execution is to be issued therefor; and such order is to be renewed from time to time and execution to be issued thereon, until such suit for alimony is decided. All laws or parts of laws, which now require a jury to find the facts upon which a claim of alimony depends,' are repealed, and the chancellor is to try the facts of the cause, as in other cases in chancery. The order mentioned above is not to be entered, if it appear, from the testimony, that the wife is living in adultery.

Idiots and Lunatics.-Several acts were passed in relation to idiots and lunatics, prescribing the mode of obtaining writs de idiota inquirendo, and the proceedings thereon, the duties of their committees, &c.

Academies.-The trustees of three academies were incorporated. Railroads.-The Green River Railroad Company was incorporated, with a capital stock of $1,000,000, in shares of $100 each, with the liberty to 'increase the capital stock by the addition of as many shares as may be deemed necessary, not exceeding in amount $2,000,000.' The company is authorized to construct a railroad from some point on the Ohio river in Livingston County to the town of Russellville. The general government are permitted to hold stock, provided the amount so held shall not exceed one fourth of the whole amount of the capital stock. The Bardstown and Louisville turnpike road company were authorized to construct a railroad' along side' of the turnpike road.

Roads.-Six companies were incorporated for the purpose of constructing turnpike roads, whose united capital stocks amount to $700,000.

Ch. 200.-Lotteries. If any person 'deal, sell, or dispose of, any chance or chances in any lottery,' or 'aid in such dealing in chances,' or 'furnish a house or dwelling for the purpose, to such dealer or vendor,' he shall forfeit for every such offence, a sum not less than $100, nor more than $10,000, to be assessed by a jury and to be sued for in the name of the Commonwealth, at the instance of the attorney of the Commonwealth, or any person giving information; the one half of the sum to be for the use of the informer, where an informer prosecutes, and the other half to be applied to the use of the Commonwealth; and where the attorney sues by action of debt or indictment, to the use of the Commonwealth.'

Ferries. An act was passed, regulating ferries over the Ohio river, prohibiting the owners or keepers of ferries, and others from transporting slaves across the river, except in the presence and at the request of the owners, &c. of the slaves.

Bridges.-A company was incorporated to build a bridge over Salt River, with a capital stock of $60,000. Another Company was incorporated with a capital stock of $500,000, for the purpose of erecting a bridge across the Ohio river, at the falls. The bridge is to be so constructed as 'to permit the passage of ships, schooners, sloops, and steam vessels of the largest size and height, at the highest stage of the water in the river, and shall have over the main channel on the Kentucky side, and also over the main channel on the Indiana side, spars or arches, not less than two hundred feet wide, and the other spars or arches not less than one hundred feet.' The act of incorporation is to go into effect upon its receiving the ratification of the legislature of Indiana. The bridge is to be completed so far as to be passable within ten years.'

Manufacturing Company.-The Newport Manufacturing Company was incorporated with the liberty of holding property to an amount not exceeding $500,000, for the manufacture of hemp, tow, flax, cotton and woollen goods.

Insurance Company.-A marine Insurance Company, called the Merchants' Louisville Insurance Company, was incorporated. It is to have a capital stock of $100,000, with the liberty of enlarging the capital stock to $200,000.

Fire Companies. Three fire companies were incorporated.

Divorces, &c. Six acts of divorce were passed. An act was passed, by which certain persons, whose wives had obtained divorces from them, were 'restored to all the rights and privileges of unmarried men.'

GREAT BRITAIN.

Court of Bankruptcy. At the last Parliament an act was passed, c. 56, transferring the whole jurisdiction of bankruptcies to a new court; from which an appeal lies to the lord chancellor upon questions of law and equity.

Stakeholders. C. 58. Persons sued in an action of assumpsit, debt, detinue, or trover, may apply, after declaration and before plea, on affidavit or otherwise, shewing that he does not claim any interest in the subject matter of the suit, but that the right is claimed by some third party, and that such defendant does not collude with such third party, but is ready to bring into court or dispose of the subject matter of the action as the court may direct, and the court, or a judge thereof, may make rules and orders, calling upon such third party to appear and state the nature of his claim, and maintain or relinquish his claim, and on such rule or order may hear

the allegations of such third party and of the plaintiff, and in the meantime may stay proceedings in the action, and finally order the third party to make himself defendant, or proceed to trial on a feigned issue, and may direct which party shall be plaintiff or defendant, or, by consent, may dispose of the merits of their claims in a summary manner, and make such rules and orders as to costs and all other matters as may seem just.

SHORT REVIEWS AND NOTICES.

The Civil Law. Professor Hoffman's ninth lecture of his introductory series in the University of Maryland, has just been published in Baltimore. The subject is the Civil Law, and the lecture is characterized by the author's usual full and rapid style and abundance of learning. A part of it is devoted to the titles of husband and wife; parent and child; and master and slave. A quotation from this part of the lecture would perhaps be the most entertaining to many of our readers, but we prefer to give the Lecturer's general views on the subject of the Roman Law, partly for the purpose of suggesting to those of the profession who are not in the habit of looking beyond the laws of England for the sources of our own, how great a proportion of what is in fact the present law in the United States, is derived from that of Rome, either directly, or through the English law.

'The praises of the Roman law, have been promulgated in the strongest language of eulogy; not by those only who admired its excellence, from ignorance of the merits of other codes; but by philosophers and publicists of the most enlarged views, and of the most extensive knowledge. The profoundly erudite Leibnitz, than whom no higher authority can be named on most subjects which engaged his inquisitive research, is of opinion, that nothing approximates so closely to the method and precision of Geometry, as the Imperial code; and this opinion has been echoed by many German, French, and Scottish civilians. The authority of the German jurists on all subjects relating to the civil law, stands justly preeminent, as none have cultivated it with equal ardor, or comparable success, with the exception of Pothier, and the Chancellor D'Aguesseau, of France. The German lawyers regard Roman jurisprudence as an essential part of legal eduation, for the very reasons which strongly recommend it to our own careful attention. The common law of England, which lies at the foundation of American law, can no more be thoroughly and philosophically comprehended without frequent reference to the civil code, than can be the Jus Hodiernum of Germany, a system raised

1 Opera Leib.-tom. i. 190. tom. iv. 267.

on the basis of that code. The jurispudence of the United States, is more intimately allied to that of Rome, than is the common law of our parent country; and when closely examined, will be found nearly as dependant on the Roman law, as are the systems of Germany and of several other continental nations. The fact is, that the numerous departures of the American law, which have taken place within the last half century, from the law of our forefathers, have been little else than so many approximations to the Roman Code, and if we desire deeply to understand the principles which we have thus incorporated into our jurisprudence, the illustrations are to be found no where, with certainty, but in the Justinian law; and in the numerous commentaries of former and modern times, to which it has given rise. Dr. Warnkönig, of the University of Liege, has justly remarked, that " Omnes jurisconsulti eruditi in eo consentiunt, non solum utilissimam sed necessariam adeo esse juris Romani cognitionem, et illud hodie in juris scholis non minori diligentia ac antehac id fieri solebat, esse docendum: nam neminem ad solidiorem juris prudentiam, nisi juris Romani peritum, posse pervenire convenit.1 If this be the case in Europe, we shall endeavor, presently, to show that it is equally necessary to the American jurisprudent, if he be desirous of thorough accomplishment in the principles of English and American law; both countries being largely indebted to the Roman Code, not merely for occasional rules, but actually for integral portions of their jurisprudence; and the United States, especially, having in numerous particulars, abrogated the strict common law, to receive the milder, more equitable, and more rational doctrines of the civilians.

'We have already adverted to the strong terms of praise in which jurists have indulged when speaking of this law, as we find it digested in the Gregorian, Hermogenian, Thodosian and Justinian Codes; the last of which, together with the Basilika, have nearly superseded reference to the others, and now form, for many purposes, a source of authoritative law in France, Germany, Spain, Italy, Portugal, Turkey, Holland, Poland, the two Sicilies, Bohemia, Hungary, the Cape of Good Hope, Scotland and England; and, without doubt, in most of the States of this western world; whilst, in other matters, in which they are not authoritatively referred to, we still seek for light and ample illustrations, as we do in the volumes of ethics, of political philosophy, and, of what has been denominated, universal jurisprudence.

The remark of an eminent lawyer, that servatur ubique jus Romanum, non ratione imperii, sed rationis imperio, or in other

1 Comment. Juris Romani. tom. i. Introd. xxxviii.