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Harvard Law Review.



Published Monthly, during the Academic Year, by Harvard Law Students.


SUBSCRIPTION PRICE, $2.50 PER ANNUM.

35 CENTS PER NUMBER.



Editorial Board.

Marland C. Hobbs,

Editor-in-Chief.

William H. Cowles,

Bancroft G. Davis,

George P. Furber,

Robert S. Gorham,

Homer H. Johnson,

Blewett H. Lee,

George R. Nutter,

Joseph N. Palmer,

Paul C. Ransom,

Edward T. Sanford,

William Williams,

Henry M. Williams, Treasurer,

Samuel Williston.




We wish, on behalf of the School, to recognize the generous and practical gifts of the Harvard Law School Association. Although the interest of the students in the work here certainly does not need the stimulus of prizes, yet this offer of a prize essay will serve to direct the surplus energy toward a definite end, and ought to result in the production of genuinely good work. Through the kindness of the officers of the Association we shall publish the prize essay as soon as possible after the award. As only one subject can be treated by this essay, and a prize of this kind, offered annually, ought to arouse some competition, we shall be glad to publish essays on the other subjects which may be deemed by the judges worthy of publication, provided, of course, the consent of the authors is obtained. In this way unsuccessful competitors may have at least the satisfaction of submitting their work to the public for what it may be worth.


The Harvard Law School Association has given one thousand dollars to the School to increase the instruction in constitutional law. The Association expect to make this an annual gift, in addition to offering an annual prize for the best essay on some legal subject.


It has been the custom in Scotland, until very recently, to set forth regularly in a criminal indictment the number of times the accused has previously been convicted of the crime. A recent act,[1] known as the Criminal Procedure (Scotland) Act, provides that “it shall not be necessary to set forth in an indictment . . . any previous conviction or productions that are to be used against accused, but it shall be sufficient that they be entered in the list of productions to be used at the trial, every such conviction being therein described as a conviction applying to person accused, against whom it is to be used.” Previous convictions may lawfully be put in evidence as aggravations against any person accused.


  1. 50 & 51 Vict. c. 35, Secs. 19, 63, 64,65; L.R. 24, St. 125.