of nations, or principles of natural law applied to the conduct and affairs of nations and of sovereigns], par M. de Vattel, avec des additions. 2 vols. Paris, Rey et Gravier. Commentaire sur les lois de la presse et des autres moyens de publications [Commentary on the laws of the press and other means of publication], par M. Adolphe de Grattier. T. I. et II. Paris, Videcoq, Hingray. Discours, plaidoyers, et memoires [Discourses, pleadings and memoirs] de M. L. F. Bounel. 2 vols. Paris. Warée ainé. Code maritime, ou lois de la marine marchande, administratives, de commerce, civiles et pénales [Maritime code or the laws relating to merchant ships, &c.], by M. A. Beaussant. 2 vols. Faris, Legrand. Cours de legislation penale comparée [Course of comparative penal law.] Par M. Ortolan. Paris, Joubert. Melanges de droit public et de haute politique [Miscellanies of public law and of high politics], by M. Ch. de Haller, auteur de la restauration de la science politique. 1 vol. Commentaire analytique de la loi du 6 Juin, 1838, sur les faillites et banqueroutes. [Analytical commentary on the law of June 6, 1838, concerning insolvents and bankrupts.] Par M. Lainné. Paris. Traité des référées en France, tout en matière civile qu'en matière de commerce, par M. Bilhard. Paris, Videcoq. Des lettres de change et des effets de commerce en géneral. [On bills of exchange and commercial paper in general], par M. L. Nouguier. T. I. Hingray. Code municipal annoté. [Municipal code with notes.] Par MM. Leber et Puibusque. 1re et 2e livr. Paris, Dupont. Corps de législation d'un intéret general, et de la jurisprudence française. [Body of law of general interest and of French jurisprudence.] Par une société de jurisconsultes et de magistrats. Ire partie. Paris, Renard. Corps des lois commerciales, ou recueil complet des lois et reglements generaux, &c., sur le commerce intérieur et maritime de la France. [Body of commercial laws, or complete collection of laws, regulations, &c., relating to the internal and maritime commerce of France.] Par M. Rouen, continué par M. Vincent. 3 Vols. Paris, Videcoq. Le Droit civil françois, par M. Toullier; continuation par M. Duvergier. T. XX. Titre der contrat de societé. [The French eivil law by Toullier, continued by Duvergier. Title, Contract of Partnership.] Paris, Renouard. ENGLAND. A Treatise on the Construction of Limitations in which the words "Issue" and "Child" occur, &c. By John V. Prior, Barrister at Law. A Report of an appeal to the lord bishop of Winchester, visiter of the two Saint Mary Winton Colleges, promoted by William Augustus Hare, fellow, &c, against the election to the vacant scholarships at Winchester and New College in 1829, argued in October and November, 1831. By Joseph Phillimore, D. C. L. A Report of Cases determined on the crown side on the northern circuit, commencing with the spring circuit of 1834, and ending with the summer circuit of 1838; with a few cases of earlier date, also a table of cases and an index. By Sir Gregory A. Lewin. Barrister at Law. Vol. II. A Practical treatise on Sheriff Law, &c. By George Atkinson, special pleader. The articled clerk's assistant, or guide to the examination, &c. By William Gardner. Brief Treatises on the Law of Gaming, horseracing and wagers, &c. By Frederick Edwards, Barrister at Law. The rights of persons, according to the text of Blackstone, incorporating the alterations down to the present time. By James Stewart, Barrister at Law, M. P. Impey's General Stamp Act, &c. Fourth edition. A complete collection of the statutes, and rules and orders of court, relating to attorneys, solicitors and agents from the earliest to the present time; with practical notes and forms. By Robert Maugham. The whole town and country practice of the court for relief of insolvent debtors, with full instructions to creditors, &c. By By Robert Allen, Barrister at Law. The Conveyancer's Assistant. By George Crabb, Barrister at Law. 2 volumes. On the present unsettled condition of the law and its adminis tration. By John Miller. IN PRESS OR PREPARING FOR PUBLICATION. By Messrs. Charles C. Little and James Brown, Boston. A Treatise on the Law of Insurance. By Willard Phillips. 2 vols. 8vo. Second edition. A Treatise on the Rights and Duties of Merchant Seamen, according to the British, the American, and the Foreign Law: with a supplementary chapter on the Interest and Distribution of Prize, on board private and public ships of law. By George T. Curtis, of the Boston Bar. The American Conveyancer: by a member of the Boston Bar. [See the last number of the American Jurist, p. 501.] Digest of the Massachusetts and Pickering's Reports, including vol. 16, of the latter. By J. C. Perkins and A. H. Ward; counsellors at law. New editions of Henry Blackstone's, Shower's, Lord Raymond's, Burrow's, and Strange's Reports. Manual of Political Ethics. Part II. By Francis Lieber. By Messrs. T. & J. W. Johnson, Philadelphia. A Law Dictionary, adapted to the Constitution and Laws of the United States of America, and of the several States of the American Union, with references to the Civil and other Systems of Foreign Law. By John Bouvier. [See the last number of the American Jurist, p. 502.] By Hilliard, Gray & Co. Boston.-In Press. A Digest of the Decisions of the American Courts of Law and Admiralty. By Theron Metcalf and J. C. Perkins. [See our last number, p. 502.] TEXAS. The Laws of this new republic have been published, under the following titles: Laws of the Republic of Texas, in two volumes. Printed by order of the Secretary of State. Houston: Printed at the office of the Telegraph, 1838. Laws of the Republic of Texas, passed at the first session of the third congress. In one volume. Houston: Telegraph Power Press, 1839. [The first of these volumes contains also the declaration of Texan Independence, and the constitution of the republic. We hope to be able to notice the laws of Texas in our next number.] AMERICAN JURIST. NO. XLIV. JANUARY, 1840. ART. I.-LAW OF CONTRACTS. No. 6.-Of Unlawful Contracts. THE last particular, in Mr. Chitty junr's extended description of a simple contract, is the thing agreed to be done or omitted. A contract, he says, is a mutual assent, &c. "to perform some legal act, or omit to do any thing, the performance whereof is not enjoined by law." Every contract to do an act which the law forbids, or to omit an act which the law enjoins, is void. It has been already suggested that no contract can be enforced, nor damages recovered for the breach of any contract, which contravenes the principles of the common law, the provisions of a statute, or the general policy of the law. No form of words, however artfully devised, can prevent an investigation of the real object of a contract, if that object be illegal. Nor is there any substantial difference, on this point, between simple contracts, and contracts by specialty. Illegality vitiates contracts of every description. A distinction was formerly taken between malum in se and malum prohibitum; and some contracts, which violated merely statutory provisions or general policy, were subjected to less rigid rules, than contracts which violated natural justice or furthered palpable iniquity. This distinction is no longer recognized. Every act is now regarded as unlawful, which the law forbids to be done; and every contract is declared void, which contravenes any legal principle or enactment.' Unlawful contracts are usually divided into divers species; such as immoral, fraudulent, contrary to the principles of the common law, contrary to the policy of the law, contrary to the provisions of a statute, &c. But it seems unnecessary to make more than two distinctive species, viz. contracts which violate the common law, and contracts which violate a statute. I. CONTRACTS WHICH CONTRAVENE THE PRINCIPLES OF THE COMMON LAW. These might be subdivided almost indefinitely; for the rules of the common law are almost indefinitely numerous. Convenience requires some classification; but we shall adopt one that is not very minute, nor very logical. 1. Contracts void for immorality. All contracts which have for their object any thing forbidden by the immutable laws of God are void by the rules of the common law, which adopts and lends its sanctions to those paramount laws: such as a contract to commit murder, larceny, perjury, &c., or to pay money, or do any other act, in consideration of the commission of either of those or of any similar offences. So of all contracts that have for their object any thing contra bonos mores.' Thus, 1 Co. Lit. 206, b; 2 Stark. Ev. 87, note (k.); 2 Bos. & Pul. 374; 3 Barn. & Ald. 183; 7 Greenleaf, 462. 21 Pow. Con. 165; 1 Comyn on Con. 31; 1 Pothier on Oblig. 23; 2 Ib. 2; Co. Lit. 206. b; 15 Mass. 430. 3 Cowp. 39. 343. |