Index to Periodicals "To sum up, the position of a surety who has not paid anything on account of his principal's debt is apparently as follows: he cannot peti tion to have his principal adjudicated bankrupt, because his claim is not provable: he cannot prove his claim in his principal's bankruptcy, for the same reason; yet he is (and has been since the inception of his contract of suretyship) a creditor having a provable claim, capable of being preferred by his principal, and subject to all the various effects of receiving a prefer ence; and when, after his principal's bankruptcy, he has paid the latter's debt, he may or may not be able to recover from his principal, according to the jurisdiction in which suit must be brought. Chinese Law. "A Study of Chinese Juris prudence" (Conclusion). By Pan Hui Lo. 6 Illinois Law Review 518 (Mar.). "The system of procedure in China for the administration of the law is peculiar and essen tially different in many respects from that which prevails in America and Europe. In the first place, we have no such a thing as a jury. The magistrate or judge, as the case may be, tries the case alone, and has to decide it according to law and equity. He has not only to scrutinize all evidence but to find more in case of insuffi ciency to secure a conviction. Confession by the accused is considered necessary to the settle ment of the case. So, unless the case be aban doned, the accused must be confined and tor tured until he breaks down and makes a clean breast by telling all his misdeeds and gives the names of all who have been associated with him. The modes of torture are very many and very severe. They are recognized in the code but are particularly not set forth as are the punish ments proper, being very much left to each official." Collateral Attack. "Is a Judgment Open to Collateral Attack if Rendered without Writ ten Pleadings as Required by Statute, or if the Writings do not Comply with the Statutory Requirements?" By John R. Rood. 10 Michi gan Law Renew 384 (Mar.). The author thinks that no good reason can be assigned for answering the above question in the affirmative. The article sets forth reasons why a judgment, under such circumstances, should be sustained. "So-Called Equity Jurisdiction to Construe and Reform Wills." By Prof. Henry Schofield. 6 IIlinois Law Review 485 (Mar.). Discussing matters suggested by the point that want of equity jurisdiction is not ordinarily a good reason for collateral attack on a decree in equity. Contracts. See Legal History, Marriage and Divorce. Corporations. "The Formation of Com panies under the English Company Law: A Comparison with American Legislation." By Harry Shapiro. 60 Univ. of Pa. Law Review 419 (Mar.).
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"In England, upon filing a statement by the company, that the shares have been allotted and several minor details have been performed, the registrar issues the second certificate stating that the company is entitled to carry on the business for which it was incorporated. Only two states in our country have this system of double certification. It is submitted that it is better to divide the process by which the right to do business under corporate existence is acquired, into two stages: first, the formation of the corporation, and second, the organization, thereof." Criminal Procedure. "Delays in Courts of Review in Criminal Cases." By Frank K. Dunn. 2 Journal of Criminal Law and Criminol ogy 843 (Mar.). "The delay or failure of justice in Illinois on account of delay in the appellate tribunals or on account of reversals on technical grounds is inconsiderable. . . . "More than a reform of criminal procedure are needed a quickening of public opinion to a regard for law and a desire for its observance, and a raising of the standard of morality and justice." Criminology. "The Problem of Causation of Criminality." By William Healy. 2 Jour nal of Criminal Law and Criminology 849 (Mar.). "We find that if a young delinquent is ap proached from the rational standpoint of inquiry, in nearly every case he will respond with a totally different attitude from that assumed toward the police or the court, and not only he, but his family usually will, with the inquirer, regard himself as a problem to be solved and will often give information that should not be neglected if a common sense adjustment of the case is undertaken. Many a fellow with quite a career wakes up for the first time to self-consciousness and self-help from the moment that a thorough going inquiry is started by your putting your hand on his shoulder and saying, 'Old man, what can be wrong with you that you are getting into so much trouble? Let's try together to find out all about it.' From the responses received we learn that it is extremely rare that thorough and rational explanations have been sought pre viously by anybody — parents or officials. "We see also that many forms of adjustment of cases may be indicated — that these may be either segregative, therapeutic, deliberately constructive, or strictly disciplinary. In all common sense the action taken should not be swayed on the one hand by the existence of a definite retributive system, nor on the other hand, by a sentimentalism which connotes cod dling. The real gist of the matter willl inevitably remain that despite theories and systems a most careful study of individual delinquents will be necessary in order to know what is best to do with them. The new Hungarian law with its intimate study for a week or two by several qualified persons before determination of the measures to be pursued with the young offender is a splendid start on the right road. Any objec tion to the time or cost of such study can be
