tention or punishment. It is designated as the Code of Reform and Prison Discipline.

"The concluding division of the system is a Book of Definitions, which defines all the technical words or phrases that are used in the several codes."

It is not our present purpose, even if we had space, to enter upon the merit of Mr. Livingston's labors in the department of criminal justice, or to attempt a critical judgment of his character as a legislator or legislative reformer. In this respect, it is a remarkable fact, that his writings. have attracted more attention in France and Germany, than they seem to have done in England and America; and in the former countries have been made the subject of elaborate and discriminating criticism, by the most distinguished criminal jurists. In order to form an impartial opinion of Mr. Livingston's merit as a lawgiver, we must know what judgment has been pronounced upon his works by these writers; and, with this view, we hope to be able hereafter to present our readers with some criticisms on his penal codes, extracted from foreign journals.

L. S. C.

ART. XI.-AMERICAN REPORTS AND REPORTERS.

[Supplement to ARTICLE V. in our last number.]

SINCE the publication of the article in our last number on American reports and reporters, several additional volumes of reports have been published; and we have also been supplied by the kindness and attention of our correspondents, with the means of making some corrections of and additions to the statements contained in that article.

United States. The honorable Ashur Ware, judge of the district court in Maine, has recently published a volume of his decisions, chiefly in matters of admiralty, in that court, from 1822 to 1839.

Vermont. Daniel Chipman published two volumes instead of one, as mentioned in our last number. The second,

however, is a very small and rare volume. The present reporter, Mr. Shaw, has also published a volume of reports, containing the cases since February term, 1837.

Massachusetts. Since our last, Mr. Pickering has published his twenty-first volume, including the cases to March term, 1839, in Suffolk and Nantucket. The eighteenth and nineteenth of this series are not yet published. We under

stand, that Mr. Pickering will close his labors as reporter, with an additional volume, making the twenty-second. We are now able to announce, and we do it with the greatest pleasure, that the vacancy occasioned by Mr. Pickering's resignation, has been filled by the appointment of our friend and contributor, Theron Metcalf, Esq., whose extraordinary qualifications for the office cannot fail to be acknowledged by every lawyer in the country. We venture to predict, that Mr. Metcalf's first volume will be the commencement of a new era in the preparation of reports in this country.

South Carolina. In our last, we omitted to mention that Mr. Hill published in 1837, two volumes of chancery reports, containing the cases in chancery from January, 1833, to May, 1837, both inclusive. Mr. Hill was succeeded by William Rice, the present state reporter, who has recently published his first volume.

Tennessee. We are indebted to the kindness of a correspondent, for the statute provisions of this state, and other information respecting the reporters and reports.

By an act of 1831, the legislature created the office of reporter of the decisions of the supreme court of the state; and thereby made it the reporter's duty to furnish the manuscript reports to the public printer, who was required to print five hundred copies; out of which the reporter was to furnish each circuit and supreme judge, each chancellor and each county court in the state, one copy, and to deposite twenty-five copies in the secretary's office for the use of the legislature—the residue were to be his own; and these,

together with the copyright of the book, constituted the reporter's compensation. Under this law, Mr. Yerger was appointed reporter-and reported the eight volumes mentioned in our last number.

On the reorganization of the government, under the new constitution in 1835, an act was passed providing for the appointment of an attorney general for the state, to hold his office for six years, and to receive a salary of one thousand dollars a year. It was made his duty among other things to report the decisions of the supreme court, under the rules, regulations, and restrictions prescribed by the act of 1831. It was provided that the clerks of the supreme court should furnish him copies of the original opinions delivered by the judges; that he should not report, at length, any case in which no other points of law should be decided, than such as had been settled in some other reported decision of the court; that he should, however, be governed by the direction of the court in determining what cases should be reported; that no more of the arguments of counsel should be reported than the positions taken, and the authorities cited and relied on; that immediately after the publication of each volume, the reporter should send and deliver to each clerk of the supreme court, the number thereof to which each of the three judicial divisions of the state is entitled, the expenses of the transportation to be paid by the state; and that the clerks of the supreme court should deliver to the clerks of the circuit courts, in their respective divisions, upon their application, the number of volumes published to which each county is entitled.

Under this law, Mr. Yerger, having been appointed the first attorney general of the state, by the legislature of 1835, reported the ninth and tenth volumes of his reports, which last volume brought the publication of the decisions of the court down to December term, 1837, at Nashville, inclusive.

Since Mr. Yerger's resignation, October 15, 1838, R. J. Meigs has held the office of attorney general and reporter.

He has published one volume of reports, containing the decisions of the court made at its terms in 1838, the last of which, the December term at Nashville, ended on the 10th of February last. The decisions of the subsequent terms we understand are now ready for publication.

Illinois. Since the publication of our last number, we have ascertained that by statute of January 19, 1829, § 9, the supreme court is required to "appoint some person learned in the law to minute down and make report of all the principal matters drawn out at length, with the opinion of the court in all such cases as may be tried before the said court, and the said reporter shall have a right to use the original written opinion after it shall have been recorded by the clerk."

By statute of February 14, 1831, the governor of the state was authorized to subscribe on behalf of the state for one hundred and fifty copies of Breese's reports, at three dollars a copy, and said statute further provides for the distribution of the copies so subscribed for. We understand that a volume of reports has been published since that of Mr. Breese, and that J. Young Scammon has recently been appointed reporter.

Arkansas. Since our last number, we have learned that two numbers of the first volume of reports of cases argued and determined in the supreme court of this state have been published by Albert Pike, reporter appointed by the court. They contain the cases decided at Little Rock, from June term, 1837, to July term, 1838, inclusive.

The foregoing supplement completes, we believe, the sketch of American reports and reporters, which we undertook to give in our last number. In our next, we propose to present our readers with a similar sketch of the digests of American reports, and also of the different law periodicals, which have been published and are now publishing in this country.

G. G.

JURISPRUDENCE.

I. DIGEST OF ENGLISH CASES.

COMMON LAW.

Selections from 8 Carrington and Payne, Part 3; 4 Meeson and Welsby, Part 3; 7 Dowling's Practice Cases, Part 1; 5 Bingham's New Cases, Part 1; 1 Perry and Davison (in continuation of Nevile and Perry) Part 1.

AMENDMENT. (In criminal cases.) A woman charged with the murder of her husband was described as "A., the wife of J. O., late of the parish of S., in the county of W., laborer." The judge, at the trial, ordered this to be amended by striking out the word "wife," and inserting the word "widow." Reg. v. Orchard, 8 C. & P. 565.

ARBITRATION. (Award, finality of—Action for costs of reference.) Where an action of debt, in which the defendant had pleaded the general issue and a set-off, was by consent referred to arbitration, "the costs of the reference and award to abide the event," and the arbitrator found that the plaintiff was not entitled to recover in the action, and had not any cause of action against the defendant; but said nothing as to the set-off: Held, that the award was final, and that the defendant was entitled to maintain an action for the costs of the reference and award. (2 C. & M. 722; 10 Bing. 508; 2 C. M. & R. 327.) Duckworth v. Harrison, 4 M. & W. 432; 7 D. P. C. 71. 2. (Sufficiency of award by arbitrators and umpire.) A cause was referred to two arbitrators, and such third person as they should nominate as an umpire, and the parties agreed to per