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writ, that she does not claim him as a slave. The boy, by the law of Massachusetts, is in fact free; and Mrs. Howard having, by her return to the writ, disclaimed to hold him as a slave, has made a record of his freedom, and cannot make him a slave again in the Island of Cuba.

The evidence shows that up to a very recent period, she intended to claim him as a slave on carrying him back to Havana. But after the disclaimer which she has made in her return, ought the Court to interfere to prevent the boy from going to Cuba with her, merely because he will be in more danger of being made a slave there, than if he was retained in this state? I think not. I know of no precedent of a guardian ad litem being appointed in a case of this kind. The Court must act as the boy's guardian. He appears to be attached to Mrs. Howard, and to be desirous of going with her, and I think it is for his interest to be allowed to do so, if he pleases. He can, therefore, go with her or not, as he chooses. And all persons will be prohibited from interfering or attempting by force to prevent him from going with her, if such continues his wish.-Boston Atlas.

QUARTERLY LIST OF LAW PUBLICATIONS.

AMERICAN.

An Examination of the License Laws of the Commonwealth. By 8vo. pp. 52.

M. L. V. Boston. J. Ford.

Common Law of England. Reference to American Cases.

With

By Sir William Blackstone. By a Member of the New York Bar. New York. Collins & Hannay. 2 vols. 8vo.

The Book of the Constitution and other Important Documents. Collected by Edwin Williams. New York. Peter Hill. 12mo.

Reports of Cases Argued and Determined in the Superior Court of Errors of the State of Connecticut; prepared and published in pursuance of a Statute Law of the State. By Thomas Day. Vol. 8. Hartford. H. F. Sumner & Co. pp. 318. 8vo.

The Connecticut Digest, comprising all the Decisions in Kirby's Reports, the two volumes of Root's Reports, the five volumes of Day's Reports, and the first seven volumes and a part of the eighth of Connecticut Reports; also some of the Analogous Decisions by the Courts of the neighboring States and United States, together with critical and explanatory observations of the Digest of Judge Swift. By Henry Dutton, Attorney and Counsellor at Law. New Haven. H. Howe & Co. 8vo.

A Digest of the Law of Executors and Administrators, Guardian and Ward, and Dower. By Franklin G. Comstock, Judge of Probate for the District of Chatham, Conn. Hartford. H. F. Sumner & Co. 8vo. pp. 504.

Commentaries on the Constitution of the United States, with a preliminary Review of the Constitutional History of the Colonies and States before the Adoption of the Constitution of the United States. By Joseph Story, LL. D. Dane Professor of Law in Harvard University. Boston. Hilliard, Gray, & Co. 3 vols. 8vo.

Reports of Cases Argued and determined in the Court of Appeals, Maryland. By Richard W. Gill, Attorney at law, and John Johnson, Clerk of the Court of Appeals. Vol. 3. Containing cases in 1830, 31, 32. Baltimore. W. & J. Neal. 8vo. pp. 539.

A Treatise on the Organization, Jurisdiction, and Practice of the Courts of the United States; to which is added an Appendix, containing the Rules of the Supreme Court of the United States; of the Courts of Equity of the United States; of the Circuit Court for the Southern

District of New York, in Civil Causes of Admiralty and Maritime Jurisdiction; of the District Court for the Northern District of New York; and the Rules Regulating Proceedings in Admiralty, including Prize Causes, and in Suits by Information, in the District Court for the Southern District of New York: and also a few Practical Forms. By Alfred Conkling. Albany. W. & A Gould & Co. New York. Gould, Banks & Co. 1831. 8vo. pp. 538.

ENGLISH.

The Province of Jurisprudence Defined. In six Essays. Being the Substance of ten Lectures delivered at the University of London. By John Austin, Esq. 8vo.

The Jurist; or Quarterly Journal of Jurisprudence and Legislation. The principal Contents of No. VIII. (the last part published) are :—1. Administration of Law in India; 2. New Bankruptcy Court; 3. Reformation of Criminals; 4. Judicial Establishments of France; 5. Parochial Registration and Municipal Institutions; 6. The Barrister, No. 3; 7. Law Manuscript Reports and Privy Council Papers; 8. Reviews: Criminal Trials, Parke's Dogmas of the Constitution, Short Reviews of Books; 9. Parliamentary Proceedings, Papers, &c. The Jurist is published on the 1st of November, January, April, and July.

Whately on Secondary Punishments, in 1 vol. 8vo.

Rain's Practical Treatise on Assets, Debts, &c. 1 vol. 8vo.
Shelford on the Law of Lunatics. 8vo.

Watkin's Principles of Conveyancing. By Merrifield. Royal 8vo.
Woolrych on Capital Punishments. 12mo.

Godson's Supplement to the Law of Patents and Copy Right. 8vo. Statutes at Large. 4to. Vol. XII. Part 4. 2 and 3 William IV. Do. 8vo.

Atkinson on Marketable Titles. 8vo.

Price's Reports. Vol. X. Part 2.

ENGLISH REPUBLISHED.

The Sixth Volume of Maule and Selwyn's Reports, uniform with the English and American Editions of the first five volumes, and page for page with the London edition recently published. Boston. Lilly, Wait & Co.

A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading, with second and third volumes, Containing Precedents of Pleadings, in 3 vols. By Joseph Chitty Esq., of the Middle Temple, Barrister at law. Sixth American from fifth London edition, corrected and enlarged; with notes and additions by John A. Dunlap, Esq. And additional notes and references to late decisions, by E. D. Ingraham. Hartford. G. &. C. Merriam. 3 vols. 8vo. pp. 1516.

AMERICAN PROPOSED.

Phillips on Insurance. Vol 2. The second volume of Phillips on Insurance will be published in the course of a few months. It will

have a common table of contents and index for this and the preceding volume. This second volume will contain the decisions down to the time of publication and also the legal proceedings on policies.

Law of Patents and Literary Property. A new work on the Law of Patents and Literary Property, is, we understand in preparation by a gentleman in Boston, and will probably go to the press in the course of the present year. The plan is a digest and arrangement of all the decisions and all the law on the subject both in England and the United States, and also the incorporation of as much of the French law as is applicable in this country, with a sketch of other foreign laws relating to patents and literary property.

The Law of Interest. It is singular that no general treatise on the subject of interest, including the whole law by which it is regulated, has never yet been published in England or the United States. This is the more remarkable as it is a branch of law which, not only every lawyer and every court, but every bank and every merchant in extensive business, has frequent occasion to apply, and about the application of which doubts frequently arise. We learn that a work is in preparation upon this subject, in great forwardness. It will be published in Boston in the course of the present year.

INDEX.

A

Actions of debt, covenant and assumpsit, proposed consolidation
of, 290.

Administrators and executors, William's Treatise upon by Trou-
bat, 71.

Alabama, legislation of in 1831-2, 203.
Appointments, 239.

Ashburton, Lord, sketch of his life, 448.

Assignment for the benefit of creditors, 220.

Average, general, six different adjustments of the same loss by
different insurance companies, 45.

B

Bail, into what county the execution against the principal should
be sent in order to charge bail, opinion, 66.

C

Carriers, liability of stage coach proprietors, 489.

Christianity a part of the common law, 346.

Codification, written code preferrable, 4; objections stated by
Mr. Park, 5; extent of common law a reason for codifying it,
8; first steps in forming a code easy, 8; objections to a code
founded on a misconception of its nature, 9; how a code should
be constructed, 17; practicability of codification settled, 28;
the only means of clearing up the law of real property, 33.
Coke, Sir Edward, specimens of his eloquence, 460.
Colonial governments, general view of them before the adoption
of the constitution, 248; all the colonies from the declaration
of independence, if not before, considered themselves one peo
ple to many purposes, 262.

Common law, can be traced back only to Ed. I., 7; consists of
2,625,000 articles, 8; custom considered as basis of law, 9, 10.
Commerce, regulation of, one great object of forming the constitu-
tion, 271.

Common carriers. See stage coach proprietors.

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