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proportions and just analogies. It took its rise in consuls. This proposal failed in consequence of an age of magnificent achievements, but has out Afterwards a Virginius renewed the demand lived the nation and people from which it emanated, and, after a long and bitter contest with the Senate, impressing wisdom upon the institutions of all civi- S. P. Posthumius, A. Manlius, and P. Sulpitius lized communities. The different branches of were selected to visit Athens and collect a body of Roman jurisprudence grew up from the deepest laws suitable to the character and habits of the roots of old Roman life, and expanded with its in- Romans. They were particularly ordered to collect creasing energies, Its sources were those of long the laws of Solon, and visit each of the cities of established use and want, codified in the twelve Greece for the purpose of studying the manners and tables, the decisions of its decem virs, or ten ablest customs of the people. From the laws collected in men, continued by constitutional enactments, mag- Greece, and the ancient usages of the Roman people, isterial edicts and imperial decrees. The Romans à code was written on ten tables of wood, and exwere the first western community to work out sys- posed to the correction of the people, in a public temtically from their own experience a series of place. After being approved and engraved upon practical judgments for universal guidance in the columns of brass they received the addition of two varied political and social relations of life. They others, and thus were the twelve tables established, lifted the human mind avd its social activities from otherwise turmed the decemviral laws, because out of the contracting influence of the code law of owing their authority to the decemvirs.

This body the stationary and sacerdotal East, and opened the of laws was considered as the foundation of the way to the expanding laws and secular civilization cival law, both public and private. In Greece, in of the West.

Italy and on the Hellenized sea-board of Western Rome, when first established, was governed by Asia codes made their appearance at periods similar purely arbitrary authority, without laws or recogni- in point of the relative progress of each community

. tion of right. The first institutions which are no But the twelve tables of Rome, whereby laws enticed, are the royal laws; which began to assume graved on tablets and published to the people took something like settled forms under Romulus.

The the place of usages deposited with the recollection first code of this prince began with the family, and of a privileged oligarchy, was the most famous speciregulated the authority of fathers over their children; men of all ancient codes and marked a sharply deand regulations adopted with respect to the succes fined epoch in the history of jurisprudence in the sion of heirs to the property of the ancestors. progress from the period of customary law to the Among those of his successor, Numa, we are told of era of codes. Contrary to the practice of preceding ordinances governing sacrifices, their ceremonies and nations which had placed the body of precedents filial rights, prescribing boundaries to territorial pos- and customary laws under the care of a traditionary sessions, and declaring it a sacrilege to the god priesthood or aristocracy, the practical Roman peoTerminus, to displace or violate them. The credit ple placed them in the hands of the most experienced of a law charging the public treasure with the ex men of affairs, and then allowed their jurists and pense of nourishing three infants produced at a judges the largest discretionary powers in applying birth, was due to Tullus Hostilius; and a law con- existing laws or creating new ones to meet the demning vestals for the violation of their vow, was exigencies of each case. The spirit of Rome so conattributed to Tarquin the elder. The various laws stantly and successfully directed to objects of public existing previous to the time of Tarquin were known utility, ensured to the laws their minute and practical as the Papyrian laws, from their being collected by provisions. It is true that the twelve tables mingled Papyrian. Serrius Tullius prescribed laws against up religious, civil and merely moral ordinances withcreditors who imprisoned their debtors, against op out any regard to differences in their essential pressions of the poor by the rich, and rules for the character, but we must remember that the severance adjustment of contracts and the redress of injuries. of law from morality and of religion from law beThese laws were abolished by Tarquin the Proud, longed very distinctly to the later stages of mental but observed after his expulsion because they were progress. Infants were taught to commit the twelve humane and agreeable to the people.

tables to memory, and Cicero placed them beyond The law which established the power of the the writings of philosophers, for their admirable Tribunes repealed all these regulations; some how- precision, the justice of their expressions, and the ever continued to be observed; not as royal laws, |.equity and wisdom of their principles. but customs of the Roman people. With the view However, these laws were soon found inadequate of reducing the laws to a less arbitrary rule, Teren to the wants of the increasing populace of Rome, tillus Arsa, a tribune of the people, soon after the and resort was had to interpretations and expositions expulsions of the kings, demanded the selection of of numerous jurisconsults, increasing largely the five citizens to make laws under the authority of the number of annotations upon their precise sentences :

:

and a long acquiescence in practice gave them the to be the application of the existing general rules force of laws, and they thus became the source of of law to particular cases. These discussions and the customs and usages of the Roman people. interpretations exercised a powerful influence in

These actions of the law or soleman forms to en-moulding the rigid principles of the law to circumforce what the law itself prescribed more indiffer stances of peculiar hardship. ently, known as actus legitimi or legis actiones—in fact, The manner in which these consultations were the twelve tables were the theory of the law, the book had and the responses given is worthy of note. The of actions its practice. These curious forms were most celebrated jurisconsults sat every morning locked up from the people until published by C. upon a tribunal, placed in the vestibule of their Flavius, and from him called the Flavian law. Sub

houses, and responded not only to questions presequently Oelius Sextus collected in a book called sented by suitors but gave explanations to those Tripartitorum libro, the text of the twelve tables,

who sought instruction. They often pursued the the interpretations connected with them, and the

same practice in public; and before the Temple of ancient and new actions of the law. This collec

Apollo disputed questions on which they differed. tion was known as the Qelian law. Next in order

If permitted to fly from the stern presence of the to the laws we have mentioned stood the New Laus, genius of the law to the arms of the alluring maid by which designation was understood all laws es

of song, we can here profitably quote the satire of tablished under the emperors or the republic after Horace: the adoption of the twelve tables, including those made by the people, the senatus consulti, and the

When early clients thunder at his gate, constitutions.

The barrister applauds the rustic's fate," The laws made by the people were such as were to prove the custom of annoying jurisconsults passed by the centurius after a decree of the senate, early in the morning at Rome. and such as were enacted by the people, without From a consideration of the various and intricate the authority of a senatus consultum. The senatus sources of the Roman law, it is apparent that the consulta were decrees of the senate, sometimes ren work of collecting, elaborating and applying it, was dered in the exercise of a republican authority, and an effort of extraordinary usefulness, but still more sometimes a form under which were masked the extraordinary difliculty. It was, however, successworst tyrannies of the prince. The constitutions, fully achieved by Justinian. However historians properly so called, were the declarations of the em may divide upon the question of Justinian's virtues perors, made either by decree, edictor epistle. and vices, or contest the integrity of that ambition They exercised legislative, administrative or judicial which subdued Persia and delivered Italy from the powers. A decree was the determination of a mat Vandals and Huns, there can be no controversy as ter in dispute between parties; the edict was al gen to the merits of his immortal codes of law. If his eral law binding erery one; and rescriptæ, which em- equestrian statue has thundered forth war and carbraced epistles and subscriptions, were answers to nage from the Turkish canuon, into which it was public or private consultations. Then came what was melted down, a more virtuous and beneficial voice known as the perpetual edict. This was prepared has issued from his body of the civil law, to instruct under the order of the Emperor IIadrian by Salvius men in the science of jurisprudence, and establish Julianus. This emperor, or singular combination them in the arts of peace and civilization. And the of the mind and qualities of a good and bad man, study of the Justinian code shed alınost the first in one of his paroxysms of public virtue, became gleam over the dark nges and revived not only the sensible of the imperfect state of the law, and pro- jurisprudence, but the philosophy of Europe. The vided for its reform in this celebrated edict. strong will and unusual opportunities of Justinian

He was fortunate in the assistancce of a man, were needed to bring the Roman law into its existtermed with justice, one of the finest jurists ever ing shape, removing the involved language and useproduced in Rome, according to the authority of less difficulties. Justinian, the greatest reformer of his time, and The compilations of Justinian were known as the the highest authority, the man most learned in the Institutes, the Pandicts, the Code, and the Novels. law, the most estimable, the most eloquent and The Institutes were designed as rudiments of the most wise. The fragments of this splendid monu law, or as an introduction to the Pandicts. The ment of juridical industry comes down to us in Code was a compilation into one Code from those of fifty books covering almost every ground of legal Gregorius, Hermogenianus and Theodosius and connecessity, and were an elaborate condensation of all tained decisions of Justinian himself upon unsettled previous edicts of either utility or force. Then questions of law. The Novels was a term applied followed the public discussions, the interpretations to the new constitutions, which consisted of a coland responses of jurists. The object of these seem lection prepared two years after the promulgation

of the Pandicts. The Pandicts or Digest constitute Blackstone and other English law, writers may be the greatest of the collections we have mentioned. It seen occasionally shed the gleams of this Roman is the fruit of researches into two thousand volumes, jurisprudence, and its brilliant radiations may embracing three millions of articles of law. After be traced to almost every settled doctrine of the three years of severe labor it was completed, fifteen law distinguishing the present times. coadjutors assisting in its preparation, and was pro. It will not be considered necessary to argue the mulgated in the year 533 of the Christian era. The usefulness of simplicity in any code of laws. plan was marked out by Justinian himself, in the i Their perfection consists in their simplicity. If by order of the perpetual edict; it was divided into

a superabundance of the phrases and terms in flsty books, broken into titles. Under each title which laws are involved, anything is left uncertain, was placed the fragments of ancient jurisconsults, that uncertainty must be controlled by the arbitrary considered pertinent to the subject treated; and decision of the judge. Human laws should leave these so modified or extended as to conform to the nothing for the judge arbitrarily to construe or necessities of the times. It has been said that the supply. The terseness and conciseness necessary to language of the Pandicts is so pure that the Roman avoid these evils were wonderfully displayed in the language might be fairly deduced from it, were all Roman laws. These qualities were most apparent other Roman writers lost.

in the law of the twelve tables. “Go immediately The invasion of Italy by the barbarians was the with him who cites you before the judge," would beginning of a dark period, during which the laws of in our day be a mandate filling an octavo page. Justinian were almost wholly obscured. In 867 | Compare the provisions of that law which forbids Bascilius of Macedon, with a mean jealousy of

usury with the extensive regulations of modern Justinian's fame, and in the hope of shading for

statutes. “Let him who takes more than one per ever his immortal system, published a new code of

cent interest for money loaned, be conder ed to laws, and these continued to be interpreted and

pay four times the sum lent.” annotated upon until the original works of Jus

The present age has not done justice to the Rotinian were entirely obscured. The authority of

man law. The tendency has been continually to the completion of Basilius, corrected and added to reject it in favor of an exclusive system a system by his son Leon, existed until the taking of Con

not of principles but of precedents. Tbe lawyer stantinople by the Turks. At the time of the spends his time in investigating analogies of cirrestoration of the empire of the west, by Charle

cumstances, while perhaps constantly deviating magne, nothing remained of the noble system of

from the line of truth. His mind instead of exlaws prepared by Justinian except a few fragments. panding upon the broad surface of science is prone But in 1136 an entire copy of the Pandicts was re

to a comparison of parallel cases. His library is covered at Amalfi in Italy. Lotharius the Second, filled with books of reports and a few elementary in the war undertaken in favor of Innocent against works. The number of cases, not the weight of Roger, Count of Sicily, who sought to elevate Peter principle, moves the scale of justice. of Leon, had received valuable succours from Pisa. The chief facts mitigating against the use of

The people of the latter, valuing more highly the the civil law, is the political evils with which conquests of the mind than the usual military re its origin was associated. The fact that amidst the wards, demanded for their recompense this copy of defects of the Roman government such a system the Pandicts. It was given and religiously pre could be perfected, is a pleasing evidence of the served until 1446, when, in a contest with the Flor-decided independence of her judicial department. entines, it was taken and conveyed triumphantly to Many evils, therefore, attracted to the civil law, Florence, where it still remains a wonderful relic of were evils, not of the system, but of the arbitrary the sixth century.

blending of several departments of government in From this period the study of the civil law be the same person. In modern times, we recognize 8 gan to be pursued with enthusiasm in the west, just distinction between the several departments of spreading everywhere over Italy and France. Then government. From ancient history, it is difficult to the beauty and harmony of the system began to be

trace in clear lines the boundary or capacity of displayed in the institutions of all Europe.

Science has been applied with happy success governed all Italy, spread itself to Holland, Asia to the structure of society ; and we recognize a and Africa, and became the favorite scheme of law simple and useful division of its powers into execufor Germany, Portugal and Spain. In France it tive, legislative and judicial. Indeed, the most was the basis of nearly all her judicial authority, valuable conquest of government, in modern times, and the boasted common law of England, but is the separation of these into distinct and indeemanates from the obscured, but still generous and pendent departments ; for the principle of liberty overflowing fountains of Roman jurisprudence. In lis resistance. In the original organization of the

It these.

STREET

RAILROADS

LIEN

OF

JUDGMENT.

was

CONSOLIDATION -NEW STOCK.

IDENTITY

OF

STOCKHOLDERS.

Roman government this blending together of the gioia, and delivering them in the city of A,” is reseveral departments of society in one person, and the pugnant to the interstate commerce law and is void. consequent arbitrary exercise of their functions was (Webster v. Bell, [U. S. C. C. of App. ], 68 Fed. Rep. productive not only of many of the social evils of 183). former times, but was one reason why a system of CORPORATION laws, correct in principle, might have been im

The Iowa statute (McClain's Code, properly administrated. We cannot, therefore, $ 2008), making a judgment against any railway corsufficiently admire the superior wisdom and justice poration, for injury to person or property, a lien which separated the principles which regulate the superior to that of mortgages on its property does judicial functions of the State or prince, from mere

not apply to street railway corporations. (Manhatpolitical prerogations, and establish them upon tan Trust Co. v. Sioux City Cable Ry. Co., [U. S. C. the firm basis of natural justice. This C. Iowa), 68 Fed. Rep. 82). done by Justinian, and in the Roman juris

CORPORATIONS prudence we find the longest known history of

Where several corporations transferred their entire any set of human institutions, and from its commencement to its close, it was progressively modi. property and business to a new corporation, which

accepted the same subject to an agreement between fied for the better, or for what the authors of the

the members of the original corporations that paymodification conceived to be the better. Proceeding ment for the transfer should be made by an issuupon the ground of human experience, their whole

ance of stock of the new company to the several system of law begins and ends in a series of prac-original incorporators, respectfully, in exchange tical judgments, declaring the just relations daily for the old stock held by each, an original stockarising out of the conflicting interests of a vigorous holder could sue the new company to compel it to and mighty people, and exceptional value is given issile to him tbe number of its ares conceded to to these judgments for all nations and for all time, be his proportion. (Anthony v. American Glucose as having their origin and cultivation, not in the Co. [N. Y.], 41 N. E. Rep. 23.) arbitrary decisions of irresponsible rulers, but in

CORPORATIONS the labored opinions of successive jurists elucidat

The fact that the stockholders in two corporations ing, age after age, universal principles on which to

are the same, or that one corporation exercises a determine all manner of private and public rights. control over the other, through ownership of its Jurisprudence, like oratory, was closely linked with

stock, or through the identity of the stockholders, the State and with the forum and encouraged by such corporations being separately organized under favor and renown among the Roman people. To

distinct charters, does not make either the agent of this science, therefore, the noblest devoted their

the other, nor merge them into one, so as to make a talents and their time; and many, who have spent contract of one corporations binding upon the other. their prime in the more active service of the com

(Richiuond & I. Const. Co. v. Richmond, (N., I. & monwealth, benefited their countrymen by their

B. R. Co., U. S. C. C. of App.), 68 Fed. Rep. 105. legal advice, at a period of life, when, to the tech

CORPORATIONS-TRANSFERS nical skill of the lawyer they added the enlarged

The statutes of Connecticut provide (Gen. St. § 1924) wisdom of the statesman.

that no pledge of stock of a corporation organized Louisville, Ky.

BOYD WINCHESTER.

under the laws of that State shall be effectual except as against the pledgor or his executors or ad

ministrators, unless it is consumated by an actual Abstracts of Recent Pecisions. transfer of the stock, or a copy of the power of

attorney to transfer is filed with the officers of the ATTACHMENT

In

corporation: Held, that the purpose of this statute a statute which makes it ground for attachment that is to protect persons dealing upon the faith of the defendant has disposed of his property with intent apparent ownership of the stock in ignorance of the to cheat, hinder and delay his creditors, or is about pledge, and accordingly actual notice thereof is to do so with the same intent. (Mansf. Dig. (Ark.), i equivalent to a transfer on the books, or the filing ch. 39).

of the power of attorney. (Hotchkiss & Upson CONSTITUTIONAL LAW – INTERSTATE COMMERCE Co. v. Union Nat. Bank, [U. S. C. C. of App.), 68

An ordinance imposing a Fed. Rep. 76. license tax upon “every express company having an COURT

COLLATERAL ATTACK. office in the city of A, Va., and receiving goods and Where a probate court in Louisiana has assumed to forwarding them to points within the State of Vir- grant administration upon the estate of one who, at ginia, or receiving goods within the State of Vir- the time of his death, was in fact a resident of Mis

OF

STOCK-NOTICE.

SUFFICIENCY OF AFFIDAVIT.

EXPRESS COMPANIES.

JURISDICTION

WAIVER

GARNISHMENT

INTERPLEADER.

JURISDICTION

FEDERAL

sissippi, and whose estate has been judicially ad MECHANIC'S LIEN —

INCONSISTENT SEministered there, such action of the court is wholly | CURITY. - It seems that, while the right to a unauthorized by law, and its decree can be im- mechanic's lien may be waived by the acceptance peached collaterally. (Fletcher v. McArthur, [U. S. of a contract to pay for the work in securities C. C. of App.), 68 Fed. Rep. 65).

whose existence is inconsistent with the existence DEATH BY WRONGFUL ACT—DAMAGES.- Where a

of a lien, such waiver is only conditional upon the minor is killed, leaving him surviving, a mother, actual performance of the contract, and if is is not but no father, it is not necessary for her, in order to performed, the right to the lien continues. (Central recover substantial damages for his death, to prove

Trust Co. v. Richmond, N. I. & B. R. Co. [U. S. C. pecuniary loss since she is entitled to his earnings, C. of App.), 68 Fed. Rep. 90.) and therefore pecuniary loss will be presumed

MUTUAL BENEFIT INSURANCE APPLICATION. (Bradley v. Satiler [I11. ], 41 N. E. Rep. 171.)

Where, by the terms of a certificate of insurance, EQUITY

- A issued by a mutual benefit association, the applicacreditor sued in attachment and garnished a fund tion and medical examination are made a part of in the hands of a trustee. While this suit was pend- the contract, and in such application it is stipulated ing, a third person filed a bill in another court to

that the statements made therein and answers made compel the trustee to turn such fund over to bim, to the medical examiner are to be deemed warand the trustee thereupon filed a cross-bill of inter- ranties, untrue statements in such application and pleader. Held, that the court had no jurisdiction. untrue answers made to the medical examiner in either of the bill or the cross-bill, the remedy at answer to questions propounded, constitute a breach law in the garnishment proceedings being adequate of the warranty, and avoid the contract. (Koudand the court of law having first acquired juris- son v. Grand Council of Northwestern Legion of diction. (Newman v. Commercial Nat. Bank of Honor [S. Dak.], 63 N. W. Rep. 911.) Peoria [III.], 41 N. E. Rep. 156.) FEDERAL COURTS

RAILROAD MORTGAGES AFTER-ACQUIRED PROPQUESTION. — If it appears from the plaintiff's com

ERTY.— The S. Ry. Co. made a mortgage covering plaint that in any aspect which the case may assume,

after-acquired property, which was recorded in W. the right of recovery, so far as it tnrns upon the county, Iowa, on January 31, 1890. On January 21, construction of such statutes, is not merely a color- 1890, the railway company took a lease of certain able claim, but rests on a reasonable foundation, a

lands for depot purposes within W. county. Most federal question is involved which is adequate to

of the rolling stock acquired by the railway comconfer jurisdiction, although the right of recovery

pany was shown to have been delivered to it before is also predicated on other grounds not involving being used on such depot grounds, and none was federal questions, and although the case is ulti

shown to have been used there before delivery to mately decided upon grounds not involving the

the railway company: Held, that, as to all rolling determination of any federal question. (St. Paul, stock acquired after the recording of the mortgage, M. & M. Ry. Co. v. St. Paul & N. P. R. Co. [U. S.

the lien of the mortgage attached immediately upon C. C. of App.), 68 Fed. Rep. 2.)

its delivery to the company in W. county, or upon

its coming within that county, and before any lien JUDGMENT

could attach in favor of the landlord under the Iowa When a petition for administration has

statute (McClain's Code, $ 3192), giving a landlord been presented to a parish court in Louisiana, con

a lien for rent on any personal property of the tentaining a representation of all facts necessary to

ant used on the premises during the term. (Mancopfer jurisdiction to grant administration to the

hattan Trust Co. v. Sioux City & N. Ry. Co. Trust public administrator and decree the sale of prop- Co. of North America (U. C. C. C., Iowa], 68 Fed. erty to pay debts, and such court, having power to Rep. 72.) inquire into the facts, and in the regular exercise of its jurisdiction, has made a decree granting

SALE ON EXECUTION OBJECTIONS TO APPRAIadministration and directing a sale, such decree SAL.-Parties desiring to made objections to the cannot be questioned collaterally, either on the value fixed on property appraised for sale under exground that the succession was not vacant, but had ecution, whether on the ground that such valuation been assumed by the heirs by a tacit acceptance, or is too high or too low, should make and file such that the decedent died in another parish, or that objections in the court where the case is pending, there were no debts, or that no notice of the pro- together with a motion to set aside such appraiseceedings was given to the parties interested. (Gar- ment, before the sale occurs. (Kearney Land & Inrett v. Boeing (U. S. C. C. of App,], 59 Fed. Rep. vestment Co. v. Aspinwall, {Neb.), 63 N. W. Rep. 51.

827.

COLLATERAL

ATTACK

PROBATE

COURT.

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