South African judge in his statement as to the influence of English Common Law on Roman-Dutch Law. I cannot find that in practice any gratuitous promises except donations-as to which there are special rules-were ever enforced by law."" Mr. Drake then asks"What are the Porto Rican courts going to do about it?" "The Porto Rican Code repeats the essential provisions of the Louisiana Code in regard to the distinctions between gifts and contracts, but it also copies the very definite statement of the Spanish Civil Code in regard to the contract of pure beneficence." It seems likely to him that further legislation may be necessary in order to solve the difficulty. YALE LAW JOURNAL-November. The Administration of Criminal Law. William H. Taft. Mr. Taft is glad to have made the acquaintance of the Civil Law and is surprised to find it good. He has found that, in spite of the virtues of the common law, it is not best to force it upon a people. He has found, as it has been said before, that the common law must be the outgrowth of the life of a people; that the law which does not so grow is not the common law. Mr. Taft makes an elaborate argument to show why he thinks we must not be too swift in forcing the common law on the Philippinos, but apparently without any broad view of the reason why this is. The point, however, which has attracted the most attention from the public-as represented by the press-has been his statement in regard to the right of appeal in criminal cases. He thinks we should be better off if the right of appeal were limited as it is in England, but for months before he published this opinion the newspapers of England had been full of the most indignant articles, showing that the denial of the right of appeal in such cases works a most grievous wrong to hundreds of innocent persons. A case of mistaken identity had roused the British conscience to the state of their law, and they found that state a very bad one. They were demanding that the right of appeal should be given, in order that such flagrant cases of wrong to innocent persons should cease. In view of these facts it can hardly be thought wise to rush into the unpleasant situation from which they are so anxious to extricate themselves. INDEX OF ARTICLES, PROGRESS OF THE LAW AND NOTES BY (Articles and notes are indicated. Other subjects are in the Prog. ABANDONMENT. Adverse Possession, 509. ACCOMPLICE Evidence, 432. ACCORD AND SATISFACTION. Aets constituting, 572. ACCUMULATIONS. . In case of charities, 378. ACTIONS. Nature of actions in statute of limitations, 128. ACTION. Damages, Death, 431. Restrictions on, Beneficial Associations, 510. Right of, Land, Injury, 517. ADJOINING LAND OWNERS. ADMIRALTY JURISDICTION. Effect of Treaty, 698. ADMINISTRATOR. Compensation, 509. Competency, 509. Promise of, barred by Statute of Limitations, 319. ADOPTION. Validity, 48. 785 ADOPTION OF CHILD. Effect on wills, 323. ADVERSE POSSESSION. Abandonment, 509. Admission by occupant, evidence not estopped, 128. ADULTERY. See Divorce. AFFIRMATIVE OBLIGATIONS. See Torts. AFTERBORN CHILDREN. See Wills, 323. AGENCY. See Insurance, Principal and Agent. ALIENS. Assignability of claim, 52. ALTERATIONS. Burden of proof, 379. Material character, 762. ARCHITECT. See Building Contracts. ASSAULT. By servant of a carrier, 313. ASSAULT AND BATTERY. Effect of consent in criminal action, 379. Plea in criminal prosecution as admission in civil actions, 170. Pointing an unloaded gun (note), 391. Right to defend brother, 170. School teacher, 429. ASSIGNMENT. See Bill of Lading. Possibility of reverter after condition subsequent not assign- able, 170. Future Wages; Bankruptcy, 698. ASSOCIATIONS. The transfer of interests in, Part II. (article), 240. |