i66
THE GREEN* BAG
MUNICIPAL CORPORATIONS. " Munici pal Ordinances and Contracts for the Removal and Disposition of Garbage," by Eugene McQuillin, Central Law Journal (V. 62, p. 64). PERSONS. " Some Topics on the Law of Adoption," by P. R. Ganapathi Tyer, Madras Law Journal (V. xv, p. 307). PRACTICE. " Examinations before Trial to Frame Pleadings," by Raymond D. Thurber, Bench and Bar (V. iv, p. n). PRACTICE (England). The recent criti cism of the expense of bankruptcy and winding up proceedings in England, which has often led to abandonment of the courts for private assignments, in such cases, is discussed by Howard W. Elphinstone under the title of "The Law Society on Officialism " in the January Law Quarterly Review (V. xxii, p. 27). PRACTICE (Grand Jury). In the February Yale Law Journal (V. xv, p. 178), George Lawyer endeavors to answer in the affirmative the question " Should the Grand Jury System be Abolished?" This was a paper delivered in January before the New York State Bar Asso ciation. The author first traces the origin of the grand jury and shows that it " emanated from fear of royal influence and was designed to stand as a barrier protecting the accused from the baseless and malicious charges of the accuser." "Criminal proceedings were then merely private affairs." He then contends that since the reason for this has passed the sj^stem should be done away with. He further calls attention to positive objections to the system, first, the fact that it is secret and ex parte is inconsistent with the spirit of our English system. Then at the trial before the petit jury, the fact that a man has been held by another jury as a matter of practice always has a greater influence than a mere decision by an examining magistrate, and often prac tically destroys the presumption of innocence. Another objection to the grand jury is the fact that the threat of presenting a case to it is often used as an instrument of extortion. The author also objects to the grand jury even when an indictment is refused because it is not as good as an acquittal and often leaves a suspicion of guilt on a man which he would prefer to have had removed. The large expense of the system is therefore unnecessary.
He can see no objection to a system of prosecu tion by information, permitting the court at its discretion, when needed, to summon a grand jury in cases where it might seem neces sary, such as matters of great public concern. The care of the committing magistrate will be increased by his greater responsibility. Ex perience of several of the States has shown that the abolition of the grand jury is entirely practical. PRACTICE (India). " Specific Relief," by Satish Chandra Banerjee, Calcutta Law Jour nal, (V. ii, pp. 23 n, 39 n, 53 n, 71 n, 80 n, 95 n, 103 n.) PRACTICE (see Legislation). PROCEDURE. " Legal Procedure in Lu nacy," by W. McCallin, Medico-Legal Journal (V. xxiii, p. 407). PROCEDURE. " The Law of Bail," by Herman Cohen, Bombay Law Reporter (V. viii, p. 9). PROCEDURE (Criminal Law, Torts). N. G. Pilcher, in the December Commonwealth Law Review (V. iii, 64), urges legislation to " Ex tend the Remedies for Personal Insult in English Law." He shows that in foreign codes, in the Indian penal code, which, although constructed purely by English lawyers, shows distinct foreign traces due to the influence of native susceptibilities, there are much broader and more effective remedies. PROCEDURE (see Criminal Law). PROPERTY. "The Torrens System," by William H. Worth, Virginia Law Register (V. xi, p. 707). PROPERTY (Adverse Possession). In the February Harvard Law Review (V. xix, p. 267), George P. Costigan, Jr., traces the history of " The Law Relating to the Conveyance of Lands by One Whose Lands are in the Adverse Possession of Another." "Prior to the Pretended Title Act, there could be no conveyance at common law of lands in the adverse possession of another, except where the true owner either ( i) entered and made a feoffment on the land with livery in fact, or (2) in the case of abatement, intru sion, and disseisin, made a feoffment with livery in law before the death of the abater, intruder, or disseisor, or, before the expiration of a year and a day after feoffment by such'a one, and thereafter during his life his feoffee
