Review of Periodicals Penology. "A General Probation and Parole Law." By Charles A. Enslow. 3 Lawyer and Banker 42 (Feb.).
297
Pleading. “The Pennsylvania Practice in Quashing Writs and Setting Aside Service." By Henry B. Patton. 58 Univ. of Pa. Law
Review 847 (Mar.).
“A careful consideration of the entire proposition will show that no matter from what point the view is taken, everything favors the adoption of the system in every state and by the United States."
Discussing what a defendant is to do in Pennsylvania, if he wishes to uash a writ or to set aside service for irre rlty or lack
“First Offenders." By Hiralal Chakravani. 11 Calcutta Law journal 1% (Feb. 16).
umay find himself in a difficult position. The difficulty arises from the fact that if he is not careful, he may take some step that will amount to a waiver of his right to make the objection."
"The latter half of the last century is remarkable for the growth of a new idea on the question of the treatment of offenders,
juvenile and otherwise, who are not past reformation. . . . The movement be n in America. So long ago as 1863, a legislative attempt was made at Boston to separate the young ofiender from the older one. The movement lay dormant for some time, but the old idea of no crime without a penalty be ntoberelnxedinthecaseoffirst o enders. In 1879 the English Legislature the Summary Jurisdiction Act, which invested Magistrates with the wer of ‘summarily trying children for indictable ofienses, other than homicide, unless objected to by the parent or guardian, who claims trial by jury.‘ . . . As a first attem t, the statute, with all its limitations, was a ecided success, and as reoo izing for the first time the salutary princip c, it paved the way for further legislation in the same line. . . . "With regard to juveniles, steps should be taken to establish children’s courts, presided over by special magistrates, whether stipen diary or otherwise, who have a strong faith in humanity, and love for children. . . . Efforts should also be made to separate children awaiting trial from the older under-trial prisoners. The trial should take lace in private, and the child should not made to feel that he is an ordinary criminal, shunned and hated by all, but that he is under the control of a entleman who loves him and is anxious for is welfare. . . . "When the criminal is a student, he should in some cases be handed over to the school authorities to be dealt with by them in any manner they think fit." Perpotuitiea. “The Rule in Shelley's Case Does Not Apply to Personal Property." By Albert Martin Kales. 4 Illinois Law Review 639 (Apr.). “Whatever doubt previous decision may have cast upon the matter, the law is now clearly settled by the recent decision of our Supreme Court in Lord v. Comstock, 240 Ill. 492, where it was held that the Rule in Shelley's Case as such did not apply to personal roperty and that the limitations of e uita le interests in personal property in su stance to A for life and then to As heirs, conferred upon A only a life interest,
with a future interest to A's heirs according to the expressed intent of the testator."
of jurisdiction, owing to the fact that he
Procedure. "A Comparative Study of English and American Courts." By William N. Gemmill. 4 Illinois Law Review 552 (Mar.). Continued from the February issue (see 22 Green Bag 237). ' "Much has been said by American writers commending the freedom of the English judge in conducting criminal trials. It has been urged that there are no challenges of jurors, but that when a jury is called into the box to try a prisoner, both sides at once accept the panel without question and the trial proceeds with great speed and regularity. In a very large number of the 339 cases presented to the new Court of Criminal Appeal in the last year, the ground of appeal urged was that the risoner at the bar was denied the right 0 counsel, although he demanded it. It frequently happens that the prisoner is called for trial, the jury is summoned and accepted without question, slight evidence is heard, the jury without leaving the box finds the prisoner guilty and the judge instantly sentences the prisoner toalong term of imprisonment ortobeflo ed or both. In reading these cases, I have n forced to the conclusion that, instead of this system being commendable, it deserves the stronfist condemnation. . . . "Last arch nine lawyers were disbarred
in England by the Inns of Court.
Seven of
them were found to be err-convicts. “It is well that we examine our own ju dicial system with a view to reform, but in doing so let us make a conscientious effort, and not be led away by criticisms that are not based upon facts." “Patriotism and the Profession." By Frederick Trevor Hill. 19 Yale Law journal 319 (Mar.). “Practice under the New York Code of Civil Procedure-otherwise known as the ‘New York Mode of Evil Prooedure'—has become so com licated that no one but a specialist can ope to avoid its pitfalls, and even the expert in its mysteries fre quently finds himself ensnared. . . . Under its protection dilatory motions and frivolous appeals may be employed to delay a trial on the merits almost indefinitely, and any ingenious trickster can involve the real issues of a simple cause until honest litigants are
