Notes of Recent Decisions.

Constitutional Law: Law impairing: obligation of contract: Homestead Law.-A homestead is not exempt from the payment of a debt contracted before the passage of the Homestead Law, although the debt has been barred by the Statute of Limitation, and a new promise is made subsequenty thereto. The statute does not extinguish the debt, but only bars the remedy. Sup. Ct., Tennessee, Dec. 1877. Woodlie vs.

Towles (Memphis L. J.)

Chattel Mortgage: When not valid.-A chattel mortgage to secure an antecedent debt on the present and after-acquired property of the mortgagor, and which authorizes him to sell the mortgaged chattels in the regular course of his business, and apply the proceeds to his own use, is void. U. S. Dist. Ct., New Jersey, March 5, 1878. Matter of Bloom (Alb. L. J.)

Chattel Mortgage: When valid and when void.-Does the permission of the mortgagee to the mortgagor to retain possession of the mortgaged goods invalidate the mortgage? Held: that if the mortgaged property had consisted of household furniture, or of any property of a like character, where the right or privilege of using the same would not necessarily imply the right or privilege of selling and disposing of the same, then the permission to retain possession would not, of itself, vitiate the mortgage; but when, as in this case, the mortgage is given on a stock of men's and boys' clothing, etc., or a stock of goods or merchandise of any kind, and it is apparent that the only usual mode of using the same is to sell and dispose of such stock, and the mortgage contains no stipulation that the proceeds of such sale shall be applied to the payment of the mortgage debt, or the debt of any other creditor, such mortgage is, and ought to be, declared to be void on its face. Sup. Ct., Indiana, April 4, 1878. Mobley vs. Letts (Chi. L. News.)

Statute of Limitation: when statute of loci contractus not pleadable in foreign jurisdiction.-A Statute of Limitations of

the loci contractus can not be pleaded in bar in a foreign jurisdiction, where both parties were resident in the loci contractus during the whole statutory time, so as to make the bar complete there, unless such statute go to the extinction of the right itself, and not to the remedy only. The rule at common law is: that the time of the limitation of actions depends on the law of the forum, and not on the law of the State or country where the contract was made. A statutory bar of one State can not be pleaded in another, where the bar affects the remedy only. Sup. Ct. Mississippi, Feb. 4, 1878. Perkins vs. Gay (Memph. L. J.)

Book Notices.

BUMP'S NOTES OF CONSTITUTIONAL DECISIONS.

NOTES OF CONSTITUTIONAL DECISIONS: Being a digest of the judicial interpretation of the Constitution of the United States as contained in the various Federal and State reports, arranged under each clause of the Constitution; together with an appendix containing the Declaration of Independence and Articles of Confederation. By ORLANDO F. BUMP. New York: Baker, Voorhis & Co. 1878.

The people of this State are soon to be called upon to frame a permanent, fundamental, and supreme law. The importance of the subject can not be over-estimated. The discussion and exposition of the various clauses which ought or ought not to be embodied in the new Constitution, demand the nicest discrimination and most intelligent investigation on the part of those who may be called upon to direct public opinion. Many provisions in the State and Federal Constitutions are identical. The general rules of construction and interpretation are the same as to both. Among the best books for reference and consultation in this direction we do not hesitate to class the work just compiled and issued by Orlando F. Bump.

Mr. Bump has already attained high rank in the field of legal authorship by the successful presentation to the pro

fession of a standard work on fraudulent conveyances, and of a bankruptcy compendium, which has passed through nine editions, and found its way into universal use. These facts-prima facie-entitle the volume now before us to a favorable reception by the bench and bar.

The work consists of the Constitution of the United States, with notes under each clause and section referring to the cases in which it has been construed or applied, whether the cases arose in the Federal or State courts. Where the cases upon a particular subject have been numerous, the notes have been arranged under appropriate subdivisions. The reader is thus enabled, with great facility, to tell whether there is any decision upon the particular point which he is considering. The litigation of more than eighty years is claimed to be embodied in this volume; and the law, as settled by such litigation, may be regarded as nearly unchangeable.

WHARTON'S LEGAL MAXIMS.

LEGAL MAXIMS, WITH OBSERVATIONS AND CASES. Part I. One hundred maxims, with observations and references to American cases. Part II. Eight hundred maxims, with translations. By GEORGE FREDERICK WHARTON, of the English bar. To which is added, in this edition, Part III. Several hundred maxims with references to English cases. New York: Baker, Voorhis & Co. 1878.

This is a work embracing over twelve hundred legal maxims, with references to English and American cases. The principal and familiar maxims are arranged in Part I, the plan being to state each maxim, with the source from which it was taken, together with a translation into English, and then to present a short essay upon it, referring to the most important cases for the practical application thereof. Part II contains eight hundred maxims, with translations. Part III contains several hundred maxims taken from Abbott's New York Digest, and which have been commented on or applied by the court of last resort, or other courts of general jurisdiction of the State of New York, in the cases cited.

There is also, at the end of the volume, under the head of "MAXIMS OF JURISPRUDENCE," a valuable collection, with com

ments and illustrations, taken from the Civil Code prepared for the State of New York by the Commissioners of the Code in 1857-1865. The Legislature of that State failed to act upon the proposed Code. Subsequently, the State of California, on adopting with some modifications, as the law of this State, the labors of the New York Commissioners, included in our Code the maxims now given at the end of this work.

FIELD ON CORPORATIONS.

FIELD ON THE LAW OF PRIVATE CORPORATIONS.-A treatise on the law of private corporations, by GEORGE W. FIELD, author of A Treatise on the Law of Damages, etc., etc. Albany: John D. Parsons, Jr., publisher, pp. 789.

This is a treatise on the law of private corporations, by George W. Field, of Albany, author of A Treatise on the Law of Damages, etc., etc. The multiplication of corporations at the present day, particularly in California, renders it absolutely necessary for every practitioner to familiarize himself with the somewhat abstruse doctrines which appertain to their character and existence. The law of corporations has been so liberalized and enlarged in recent times as to constitute a branch of jurisprudence, with a code of its own. Corporations (collegia) were known to the Roman law, and existed from the earliest periods of the Roman republic -presumably borrowed from the Greeks. But the policy of the Roman government restricted, with extreme jealousy, the number and the objects of these combinations of individuals, on the ground that they were likely to prove nurseries of faction and disorder. Chancellor Kent quotes an example from the younger Pliny tending to illustrate the narrow views of the Emperors on this subject. It was proposed, just after a destructive fire in Nicomedia, to organize a fire company of one hundred and fifty men, who should follow that business exclusively without any other powers or privileges. The Emperor Trajan refused to grant a charter, observing that all such societies were mischievous. Corporations under such unpropitious influences could not have at

tained much growth. In England, where the idea of corporations was borrowed from the Roman law, they were at first rarely created for any purpose other than for municipal towns, and then generally by royal charter.

It may therefore be said that it is only within the last half century that the essential nature and character of corporations, and their relation to the business transactions of the community, have undergone an expansion and development, the importance of which can hardly be over-estimated.

The treatise now before us is all that can be desired in classification of topics and clearness of statement. It discusses in detail many subjects not heretofore sufficiently presented in other works upon corporations. Such heads as STOCKHOLDERS, ILLEGAL ISSUES OR TRANSFERS, INVALID SUBSCRIPTIONS, POWERS OF DIRECTORS, AMALGAMATION AND CONSOLIDATION, and so forth, will be found convenient to those actively engaged in professional labors in their investigations of the law relating to the various questions therein discussed.

CHOICE BOOKS FOR THE LIBRARY.

A general catalogue of choice books for the library, comprising a selection of books by ancient and modern authors in all departments of literature, science, and art, classified and priced. Twelve mo., 242 pages. Price, sent by mail, prepaid, 25 cents. Robert Clarke & Co., publishers, 65 West Fourth Street, Cincinnati, O. May, 1878.

This book will be of great service to purchasers, librarians, and others in selecting and buying their books. It contains standard works in the leading departments of literature, giving the editions, prices, etc. These have been classified alphabetically under 142 subjects or heads of departments. Over 8,500 titles of works are given, which appear under the proper heads, arranged alphabetically-by authors. Books on special subjects are still further indexed to the number of nearly 600 titles. It will prove a fine auxiliary to the searcher for authors, as well as a useful guide to editions and prices.