bibliography, extracts from Rules of Civil Procedure drafted by the American Judicature Society, and a chart of Illinois defensive. pleading reprinted from an article by the editor in the Illinois Law Bulletin. The notes have been enlarged and numerous references are made to law review articles and standard works on the subject. The material added to the text and notes, as indicated by the preface to the new edition, is largely historical. This is a step in the right direction. It seems clearly impossible to give anything like an adequate understanding of this subject without some consideration of its historical background and development. The new material has been well presented by the editor and it is to be regretted that the limitations of space prevented a more detailed study.

It is probably impossible to produce a short text on this subject that will be universally satisfactory, due to the different angles from which the subject is customarily approached. In jurisdictions where code pleading has supplanted the older system, common law pleading and the forms of action are interesting chiefly to show the historical background of substantive law and the general principles of pleading. The emphasis is upon the historical development of forms of action and the more ancient rules governing pleading and the scope of these actions. For such a use, it is doubtful whether the present edition goes far enough in the desired direction to be of great service except in so far as it supplies, by its notes and bibliography, the materials for research.

In jurisdictions, however, where common law pleading, or some modern variety of it still exists, the emphasis must be upon the present scope and rules of the system, for it is to be a part of the student's equipment for practice. For lawyers and students in such jurisdictions, the edition under review furnishes a clear and accurate summary, which cannot fail to be extremely useful.

University of Wisconsin.

JOHN D. WICKHEM.

RIVISTA DI DIRITTO PROCESSUALE CIVILE, Vol. I, No. 1: January, 1924. Padua, La Litotipo Editrice. Pp. 120 + 71.

In the presence of those influences which just now are operating a latter-day renascence of Italian life and thought, civil procedure has not remained unaffected. An enlightened movement for reform has so far succeeded in bringing about amendatory legislation in sundry particulars, and, with larger view, has purposed a general remodelling of the existing system. One of the fruits of this movement is the newly founded Rivista di diritto processuale civile, a quarterly published at Padua, whose announced aim is the "scientific systematization of the law of civil procedure." The personnel of the new journal is such as to leave no doubt of the high standard of scholarship which will be maintained. As directors it has Professor Chiovenda of the University of Rome, the leader of Italian procedural science, author of "Principles of Civil

Procedure" ("Principii di diritto processuale civile"), whose essays in procedural history, particularly that on "Roman and Germanic Elements in Civil Procedure" ("Romanesimo e germanesimo nella procedura civile"), take rank among the masterpieces of Continental procedural literature, and Professor Carnelutti, of the University of Padua, the distinguished author of "Lectures in Civil Procedure" ("Lezioni di diritto processuale civile"). Its editor-in-chief is Professor Calamandrei of the University of Siena, a gifted scholar whom we have already had occasion to mention in these pages as the author of a fascinating work on the institution of civil cassation ("La Cassazione civile"). The initial number, which has just come to hand, is earnest of the solid performance to be expected from their collaboration. Chiovenda writes on "Orality and Proof" ("L'oralità e la prova"), his article, fortified with historical learning, being a plea for the adoption in the reformed procedure of what would seem to us, with our traditions, the only acceptable mode of proceeding the taking of proof in open court, instead of, as is now usually the case, before a delegated judge. Carnelutti contributes an article on "Excess of Power" ("Eccesso di potere") in which he discriminatingly analyzes the conception so named, common to French and Italian jurisdictional theory, which seeks to distinguish from mere lack of jurisdiction, the ultra vires of an act on the part of the judge amounting to an encroachment upon the legislative or administrative authority. A third article, by Calamandrei, "Suggestions for Rendering More Effective the Procedure of Provisional Judgment" ("Per la vitalità del processo ingiunzionale"), deals with a form of summary procedure recently introduced in Italy whereby a plaintiff with a liquidated demand, evidenced in writing, for the payment of money or delivery of personal property, may, upon petition, obtain ex parte a provisional order ("ingiunzione") requiring the defendant to perform his obligation, which order becomes a final judgment, unless the defendant appears and defends within a certain number of days after being served with a copy of the petition. In his closely reasoned study of the institution referred to, the author demonstrates that, as the case stands, full play is not given to its potentialities and submits concrete proposals for its improvement. There also appears a well-considered survey, by Dr. Giovanni Christofolini, of the Italian literature of civil procedure for 1923. Notes by the editorin-chief complete the first part of the number, while in a second part are contained current judicial decisions of procedural importance accompanied by critical comment.

The teachers of civil procedure in this country cannot but envy their Italian brethren in the possession of a journal exclusively devoted to the interests of procedural science. The Journal of the American Judicature Society has its special function which it most admirably performs; but there is room with us for a journal such as the one here in question wherein scientific research, rendered a coefficient of practical learning, becomes a safeguard against the contented inertia of professional dogma, on the one hand, and the

disquieting antics of nescient reform, on the other. In the meantime, the ILLINOIS LAW REVIEW cordially welcomes the Rivista into the sisterhood of legal periodicals and sincerely wishes for it the success which the learning, industry and courage of its founders so richly deserve.

R. W. M.

ARTICLES IN PERIODICALS

INTERSTATE RIGHTS IN INTERSTATE STREAMS IN THE ARID WEST. L. Ward Bannister. Harv. L. Rev. XXXVI 960.

NOTES ON CODIFYING REAL PROPERTY LAW IN THE UNITED STATES. Henry Upson Sims. Harv. L .Rev, XXXVI 987.

STOCKHOLDERS AND THE FEDERAL INCOME TAX. Joseph H. Beale. Harv. L. Rev. XXXVII 1.

The Federal Maritime Lien Act. John W. Griffin. Harv. L. Rev. XXXVII 15.

NEW LIGHT ON THE HISTORY OF THE FEDERAL JUDICIARY ACT OF 1789. Charles Warren. Harv. L. Rev. XXXVII 49.

THE FUNCTION OF REPRODUCTION COST IN PUBLIC UTILITY VALUATION AND RATE MAKING. Frederic G. Dorety. Harv. L. Rev. XXXVII 173. BUSINESS SECURITY AND LEGAL SECURITY. Nathan Isaacs. Harv. L. Rev. XXXVII 201.

ABRIDGMENTS OF THE YEAR BOOKS. Percy H. Winfield. Harv. L. Rev. XXXVII 214.

CO-OPERATIVE MARKETING. Aaron Sapiro. Ia. L. Bul. VIII 193.

RACE DISCRIMINATION IN NATURALIZATION.

Ia. L. Bul. VIII 211.

Part IV. D. O. McGovney.

THE COUNTY ATTORNEY-WHAT SHALL HE DO TO BE SAVED? William D. Evans. Ia. L. Bul. IX 1.

CO-OPERATIVE MARKETING-AN IOWA VIEW. J. G. Mitchell. Ia. L. Bul. IX 6.

MOTOR BUS REGULATION IN IOWA. William Chamberlain. Ia. L. Bul. IX 26.

ENGINEER'S METHOD OF INVENTORYING AND VALUING PUBLIC UTILITY PROPERTIES. William G. Raymond. Ia. L. Bul. IX 36.

PRACTICE AND PROCEDURE IN RATE-MAKING UNDER THE IOWA STATUTES. O. N. Elliott. Ia. L. Bul. IX 49.

PARANOIA AND PARANOID PERSONALITIES: A PRACTICAL POLICE PROBLEM. J. A. Larson and A. Walker. Jour. Crim. L. & Crim. XIV 350.

AN APTITUDE TEST FOR POLICEMEN. Edward M. Martin. Jour. Crim. L. & Crim. XIV 376.

PREDICTING PAROLE SUCCESS. Hornell Hart. Jour. Crim. L. & Crim. XIV 405.

THE PSYCHIATRIC CLINIC IN THE TREATMENT OF CONDUCT DISORDERS OF CHILDREN AND THE PREVENTION OF JUVENILE Delinquency. Victor V. Anderson. Jour. of Crim. L. & Crim. XIV 414.

DETROIT SUCCEEDS UNDER A NEW ORGANIZATION. Pliny W. Marsh. Jour. Crim. L. & Crim. XIV 11.

THE JUVENILE COURT AND THE EDUCATIONAL SYSTEM. Thomas D. Eliot. Jour. Crim L. & Crim. XIV 25.

CRIME AND INSANITY: THE LEGAL AS OPPOSED TO THE MEDICAL VIEW, AND THE MOST COMMONLY ASSERTED PLEAS. John F. W. Meagher. Jour. Crim. L. & Crim. XIV 46.

MEDICO-LEGAL INSANITY AND THE HYPOTHETICAL QUESTION. L. Vernon Briggs. Jour. Crim. L. and Crim. XIV 62.

REPORT OF THE CHAIRMAN OF THE INSTITUTE'S COMMITTEE ON RECORDS AND STATISTICS. Frederic B. Crossley. Jour. Crim. L. & Crim. XIV 75. NEW FEDERAL CRIMINAL CENSUS. Sam B. Warner. Jour. Crim. L. & Crim. XIV 79.

THE PENAL ABILITY AND RESPONSIBILITY OF THE CORPORATE BODIES. Ervin Hacker. Jour. Crim. L. & Crim. XIV 91.

DISEASE AND CRIME. L. L. Stanley. Jour. Crim. L. & Crim. XIV 103. CLASSIFICATION OF PRISONERS FOR PURPOSES OF TRAINING WORK AND PAROLE. Edgar A. Doll. Jour. Crim. L. & Crim. XIV 110.

INTRASTATE RENDITION. Henry S. Barker. Ky. L. Jour. XI 189.

ULTRA VIRES NO DEFENSE IN PRIVATE CONTRACT. Harland J. Scarborough. Ky. L. Journ. XI 197.

THE MINIMUM WAGE DECISION. George W. Goble. Ky. L. Journ. XII 3. MUNICIPALITIES AS RIPARIAN OWNERS. W. Lewis Roberts.

THE TAX LAWS OF THE STATE OF KENTUCKY. N. B. Hayes. Ky. L. Journ. XII 18.

A PLEA FOR HISTORICAL INTERPRETATION.

XXXIX 163.

Frederick Pollock. L. Q. Rev.

THE DETENTION OF NAPOLEON BONAPARTE. Hale Bellot. L. Q. Rev. XXXIX 170.

UNLAWFUL MOLESTATION. G. C. Cheshire. L. Q. Rev. XXXIX 193.

EVIDENCE OF OTHER OFFENCES. Ernest E. Williams. L. Q. Rev. XXXIX 212.

LAW AND ORDER IN A MEDIEVAL TOWN. Malcolm Letts. L .Q. Rev. XXXIX 224.

THE FIRST CLERK OF THE PRIVY COUNCIL. E. R. Adair. L. Q. Rev. XXXIX 240.

THE AMERICAN PEACE COMMISSION AND THE PUNISHMENT OF War Crimes. Wm. Adams. L. Q. Rev. XXXIX 245.

SIR MATTHEW HALE, W. S. Holdsworth. L. Q. Rev. XXXIX 402. EXPEDITION AND ECONOMY IN LITIGATION. Francis Newbolt. L. Q. Rev. XXXIX 427.

RENT RESTRICTION IN THE COUNTY COURT. F. E. Bradley. L. Q. Rev. XXXIX 441.

MANDATED TERRITORIES. Malcolm M. Lewis. L. Q. Rev. XXXIX 458. DOCUMENTS Privileged in the Public InteREST. C. S. Emden. L. Q. Rev. XXXIX 476.

THE ADVOCATES OF THE COURT OF ARCHES. W. Senior. L. Q. Rev. XXXIX 493.

THE PRESENT POSITION OF THE STUDY OF INTERNATIONAL LAW IN ENGLAND. A. Pearce Higgins. L. Q. Rev. XXXIX 507.

LEGISLATION IN VOGUE OR GENERAL TERMS. Ralph W. Aigler. Mich. L. Rev. XXI 831.

PRICE DISCRIMINATION AS UNFAIR COMPETITION. John Leland Mechem. Mich. L. Rev. XXI 852.

FUNDAMENTAL TENDENCIES IN MODERN JURISPRUDENCE. Rudolph Stammler. Mich. L. Rev. XXI 862,

THE CHANGE IN THE MEANING OF CONSORTIUM. Evans Holbrook. Mich. L. Rev. XXII 1.

THE SHIP MORTGAGE ACT OF 1920. George L. Canfield. Mich. L. Rev. XXII 10.

THE UNRECOGNIZED GOVERNMENT OR STATE IN ENGLISH AND AMERICAN LAW. Edwin D. Dickinson. Mich. L. Rev. XXII 29.

PERPETUITY STATUTES.

SHIPPING ACT OF 1916.

Edwin C. Goddard. Mich. L. Rev. XXII 95.

Claude A. Thompson. Mich. L. Rev. XXII 107.

A REVIEW OF THE CASES ON "BLUE SKY" LEGISLATION. Montreville J. Brown. Minn. L. Rev. VII 431.

UNIFORM FRAUDULENT CONVEYANCE ACT IN MINNESOTA. Donald E. Bridgman. Minn. L. Rev. VII 453.

FEDERAL INTERVENTION IN LABOR DISPUTES. Marjorie Jean Bonney. Minn. L. Rev. VII 467.

CO-OPERATIVE MARKETING ASSOCIATIONS. Henry W. Ballantine. Minn. L. Rev. VIII 1.

THE DOMICIL OF A MARRIED WOMAN. James Lewis Parks. Minn. L. Rev. VIII 28.

WAR CRIMES AND THEIR PUNISHMENT.

VIII 40.

Elbridge Colby. Minn. L. Rev.

PRESIDENT'S ADDRESS, ANNUAL MEETING OREGON BAR ASSOCIATION. Charles Henry Carey. Ore. L. Rev. II 199.

REPORT OF COMMITTEE ON PARDONS AND PAROLES. Ore. L. Rev. II 213.