 |
Study of Roman Legal Terms With
Contributions by Alciati
13. Alciati, Andrea[s] [1492-1550].
De Verborum Significatione, Libri IIII; Eiusdem in Titulum XVI. Lib.
L. Digestorum Commentarij: Postrema hac Editione Quanta Fieri Potuit
Diligentia Collatione Autographi Castigati.
Frankfurt: Apud Christophorum Coruinum, 1582. 671, [42], 62, [2] pp.
Octavo (4" x 6-1/2"). Contemporary limp vellum with lapped edges,
early hand-lettered title to spine, ties lacking. A few minor stains
and tiny scuffs, vellum just beginning to crack through rear
pastedown, front pastedown lacking. Attractive woodcut printer
device to title page, woodcut head-pieces, tail pieces and decorated
initials. Faint dampstain, early signature in fine hand and two
small later owner stamps to title page. Some toning to text,
interior otherwise fresh. A nice copy. $600.
* With index. Later edition of a work first published in 1530.
With index and side-notes. “De Verborum Significatione” [Concerning
the Signification of Terms] is Book 50, Title 16 from the Digest
of Justinian. It is a glossary of legal terms and legal interpretations
of words like “city” and “child” with commentary by Ulpian, Gaius
and other scholars. This is an edition by Alciati, who added additional
commentary and notes. A complete text “De Verborum” is included
as an appendix. An important Italian humanist and professor of
law at Bologna, Milan, Padua, Ferrara and Bourges, he was one
of the first jurists to base his interpretation of civil law on
the history, languages and literature of antiquity, and to conduct
original research on the texts rather than merely copy earlier
glosses. His work was deeply influential and his services were
retained by the kings of France and Spain, as well as by several
Italian princes. KVK locates 30 copies. This edition not in Adams
or the British Museum Catalogue [BMC].
See image below.


14. Ames, Herman V.
The Proposed Amendments to the Constitution of the
United States During the First Century of Its History.
Washington: Government Printing Office, 1897. 442 pp. Original
cloth, top edge gilt. Some shelfwear, spine ends and corners bumped,
hinges reinforced. Early private library bookplate to front
pastedown, internally clean. $75.
* A volume in the series Annual Report of the American Historical
Association. This book contains both a discussion of the
proposed amendments and a calendar of proposed amendments. Marke,
A Catalogue of the Law Collection at
New York University
(1953) 371. 
15. Banner, Stuart.
Anglo-American Securities Regulation: Cultural and Political
Roots, 1690-1860. [New York]: Cambridge University Press,
[1998]. xviii, 318 pp. Cloth in dust jacket. Fine. $35.
* This is the first history of the law governing the stock markets
in both countries from their origins in the 1690s to the 1850s.
Through a broad range of traditional legal and non-legal sources,
Banner shows that securities regulation has a much longer ancestry
than is often supposed. 
16. Berger, Raoul.
Government by Judiciary: The Transformation of the Fourteenth
Amendment. Cambridge: Harvard University Press, 1977. x, 483 pp.
Cloth very good in moderately worn dust jacket. Owner signature to
front free endpaper, interior otherwise clean. $20. 
Second Edition of Black’s Law Dictionary
17. Black, Henry Campbell [1860-1927], Compiler.
A Law Dictionary: Containing Definitions of the Terms and Phrases of
American and English Jurisprudence, Ancient and Modern. And
Including the Principal Terms of International, Constitutional,
Ecclesiastical and Commercial Law, and Medical Jurisprudence, with a
Collection of Legal Maxims, Numerous Select Titles from the Roman,
Modern Civil, Scotch, French, Spanish, and Mexican Law, and Other
Foreign Systems, and a Table of Abbreviations.
St. Paul: West Publishing Company, 1910. 1314 pp. Original buckram,
red and black lettering pieces. Thumb-tabbed. Light soiling, light
rubbing to boards, moderate rubbing to spine and extremities. Light
toning to text, with faint browning and occasional faint
dampstaining to margins. A solid copy. $200.
* The thoroughly revised second edition of Black’s classic
dictionary incorporates several new definitions, additional case
citations and many Latin and French terms overlooked in the first
edition. Medical jurisprudence in particular is enriched, with new
definitions for insanity and pathological and criminal insanity. The
second edition is an essential complement to the first edition
(1891) because it offers important insights into the rapid
development of law at the turn of the century. It is also notable
for its revamped system of arrangement, with all compound and
descriptive terms subsumed under their related main entries. 
Final Edition of Cooley’s Blackstone
18. Blackstone, Sir William [1723-1780]. Cooley, Thomas M.
[1824-1898], Editor. Andrews, James DeWitt, Editor.
Commentaries on the Laws of
England; In Four Books. With A Copious Analysis of the Contents. And
Notes with References to English and American Decisions and Statutes
to Date Which Illustrate or Change the Law of the Text; Also, a Full
Table of Abbreviations, and Some Considerations Regarding the Study
of the Law.
Chicago: Callaghan and Company, 1899. Four books in two volumes.
(Blackstone’s paging retained in margin.) Portrait frontispiece. Two
tables, one folding. Octavo (6" x 9"). Original law calf, blind
double frames to boards, raised bands and red and black lettering
pieces to spine. A few light scuffs, rubbing with light wear to
spine and extremities, corners bumped. Minor stains to boards,
hinges starting, frontispiece detached. Offsetting to margins of
preliminaries, dampstaining to a few leaves in Book One, light
toning to text. Early owner name to center of each spine, internally
clean. $300.
* Fourth and final Cooley edition. All of Cooley’s notes are retained,
those of Andrews are enclosed in brackets. The third and fourth
editions are notable in part because they omit the notes of English
editors found in Cooley’s earlier editions and add a good deal
of original commentary by Cooley, most of it dealing with American
statutes and decisions. It also has several new sections. These
are a review of the recent progress in law and essays on local
government in Great Britain, the British colonial system and local
government in the United States and its territories. Cooley was
one of the most prominent American jurists of the nineteenth century
and an authority on Constitutional law. First issued in 1870,
“Cooley’s Blackstone” was the standard American edition of the
late nineteenth century. Eller, The William Blackstone Collection
in the Yale Law Library 134.
See illustration below.


19. [Blackstone, Sir William]. Tucker, St. George.
Blackstone’s Commentaries. With Notes of Reference to the
Constitution and Laws, of the Federal Government of the United
States, and of the Commonwealth of Virginia. In Five Volumes, with
an Appendix to Each volume, Containing Short Tracts upon Such
Subjects As Appeared Necessary to Form a Connected View of the Laws
of Virginia As a Member of the Federal Union.
Philadelphia: William Young Birch and Abraham Small, 1803. Five
volumes. Reprinted 1996 by The Lawbook Exchange, Ltd. With a New
Critical Introduction by Paul Finkelman and David Cobin. ISBN
1-886363-15-3. Cloth. $450.
* The first extended treatment of the subject, Tucker’s
Blackstone is a key resource for understanding how Americans
viewed English common law in the years following the adoption of the
Constitution and the Bill of Rights. Based on his lectures at the
College of William and Mary, Tucker interprets Blackstone’s often
antidemocratic viewpoint in the American context. 

20. Bork, Robert H.
The Antitrust Paradox: A Policy at War with Itself. New York:
Basic Books, Inc., 1978. xi, 462 pp. Illustrated. Cloth very good in
lightly worn dust jacket. Owner inscription to front free endpaper,
interior otherwise clean. $50.
* Bork argues that recent moves to dissolve some of the nation’s
largest corporations endanger the whole antitrust enterprise, since
they cannot help but subvert the proper and original goal of
antitrust legislation, which is to maximize consumer welfare. 
21. Buckland, W.W.
Elementary Principles of the Roman Private Law. Cambridge: At
the University Press, 1912. Reprint. Buffalo: W.S. Hein, 2003. [iv],
viii, 419 pp. Cloth. New. $67.
* Buckland was regarded as the most distinguished Romanist of the
English-speaking world. Intended for beginners, this work is a
running commentary on the Institutes of Gaius and Justinian that
discusses the principles in their doctrines and presents the
difficulties arising from them. “Altogether this is a most
commendable piece of work...”: Law Quarterly Review 29
(1913): 105. 
22. Buckland, W.W.
Equity in Roman Law. Lectures Delivered in the
University of London, at the Request of the Faculty of Laws.
London: Hodder & Stoughton, 1911. Reprint. Littleton: Fred B.
Rothman, 1983. vii, 136 pp. Cloth. New. $35.
* In lectures given at the University of London, the highly regarded
classical scholar draws similarities between the logical processes
employed by the classical Roman lawyer and the nineteenth century
English lawyer. 
Definitive Edition of Buckland’s Magisterial Study
23. Buckland, W.W.
[Stein, Peter, Reviser]. A Text-Book of Roman Law From
Augustus to Justinian. Cambridge: At the University Press, 1963.
xxx, 764 pp. Cloth very good in lightly worn and somewhat soiled
dust jacket. Owner signature to front free endpaper, interior
otherwise clean. $150.
* Third edition and best edition. “The author aims at setting forth
for the use of students the main rules of the private law of the
Roman Empire, and follows, with some variations the arrangement of
the Institutes...[W]e know of no work more free from error or which
follows more faithfully the authorized texts than the book before
us. It is the result of phenomenal industry, combined with sound
scholarship and wide knowledge.”: S.H.L., Law Quarterly Review
38:246-247 cited in Marke 113. 

First Printing of the Only Edition of Burn’s Dictionary
24. Burn, Richard [1709-1785]. Burn, John [1744?-1802], Editor.
A New Law Dictionary, Intended for General Use, as Well as For
Gentlemen of the Profession, and Continued to the Present Time by
John Burn. London: Printed by A. Strahan and W. Woodfall, 1792.
Two volumes. Copperplate portrait frontispiece. Octavo (5-1/4" x
8-1/2"). Recent period-style quarter calf over marbled boards,
raised bands and lettering piece to spine, endpapers renewed. Light
foxing to a few leaves, text otherwise fresh. Attractive. $1,000.
* Intended to be a practical tool, Burn eliminated several French
definitions found in earlier dictionaries that were made obsolete by
George II’s 1733 decree that writs and pleadings were to be given in
English. The elimination of these entries seems to have cleared
space for other material and longer entries. Indeed, Burn’s articles
on such subjects as judgment, jury, purchase and will are broader,
more detailed and better organized than they are in earlier
dictionaries of this kind. It is unclear whether Burn intended to
publish this book; it was edited, expanded and published
posthumously by his son, John Burn. Sweet & Maxwell 1:7 (13). 

Irish Issue of Only Edition of Burn’s Dictionary
25. Burn, Richard [1709-1785]. Burn, John [1744?-1802], Editor.
A New Law Dictionary, Intended for General Use, as Well as For
Gentlemen of the Profession, and Continued to the Present Time by
John Burn. Dublin: Printed by Brett Smith, 1792. vii, 739 pp.
Octavo (5-1/2" x 8-1/2"). Contemporary sheep, blind fillets to
boards, blind fillets and lettering piece to spine. Chipping to
spine ends, moderate rubbing with wear to extremities, front joint
and hinge just starting at head. Early owner siganture to front free
endpaper, light offsetting to margins of endleaves and title page,
negligible light foxing to a few leaves, interior otherwise fresh.
$500.
* Irish issue of only edition, published the same year as the
(two-volume) London edition.
See illustration below.


1768 Reports of English Poor-Law Cases with an Abridgment
26. Burrow, Sir James [1701-1782].
A Series of the Decisions of the Court of King’s Bench Upon
Settlement-Cases; From the Death of Lord Raymond in March 1732: To
Which is Added a Complete Abridgment of the Substance of Each Case,
And Two Tables of the Names in Them. Published for the Use of
Gentlemen in the Commission of the Peace, And of Barristers and
Others Attending the Quarter-Sessions. London: Published by His
Majesty’s Law-Printers [J. Worrall and B. Tovey], 1768. Two volumes.
Appended to Volume II is an essay by Burrow entitled A Few
Thoughts Upon Pointing and Some Other Helps Towards Perspicuity of
Expression. Quarto (8" x 10"). Contemporary calf, blind frames
to boards, raised bands and lettering pieces to spines. Scuffing to
boards, rubbing with some wear to spine ends and corners, joints
cracked but secure, hinges cracked or starting. Light foxing to
endleaves, toning to a few leaves, interiors otherwise fresh. $500.
* First edition. The first collection of settlement cases was
published anonymously from 1750 and 1754. Burrow’s collection, the
second of its kind, was published in response to the request of
justices of the peace and counsel attending quarter sessions. As he
points out in the preface of this work, his position as Master of
the Crown Office gave him unique opportunities for reporting the
orders made by the court on these cases. This work went through
three editions, the final appearing in 1786. In a review of his
Reports, his best-known work, Marvin notes that “of all other
reporters [his style is] the most elementary and methodical, and,
therefore, best suited to impart instruction to the student.”:
Legal Bibliography (1847) 165. Sweet & Maxwell 1:386 (3). 

27. Caswell, Jean, and Ivan Sipkov.
The Coutumes of
France in the Library of Congress: An Annotated Bibliography.
Washington: Library of Congress, 1977. xi, 80 pp. Frontispiece and
plates with tipped-in color illustrations. Original cloth, light
shelfwear, internally clean. $95.
* The standard reference. 
The First American Treatise on Contracts
28. Chipman, Daniel [1765-1850].
An Essay on the Law of Contracts, for the Payment of Specifick
Articles. Middlebury [Vt.]: Published by the Author, 1822.
xvi, [17]-224 pp. Octavo (5" x 8-1/2"). Contemporary three-quarter
sheep over paper boards, lettering piece and blind fillets to spine.
Light rubbing and a few scuffs to extremities, light soiling to
boards. Light foxing to endleaves, some toning to text. Early owner
signature and small inkstamp to title page, interior otherwise
clean. A notably well-preserved copy. $600.
* First edition. Chipman’s Essay was the first original
treatises on the subject written in the United States. (Verplanck’s
An Essay on the Doctrine of Contracts (1825) was the second.)
In 1847 Marvin criticized Chipman for “show[ing] what the law of
contracts ought to be rather than what the law of contracts is.”
This remark reflects Marvin’s failure to grasp the changing nature
of contract law, and it shows that Chipman’s ideas were ahead of
their time. Indeed, as Horwitz points out, Chipman was the first
American to submerge the “dominant equity theory of contract in a
conception of contractual obligation based exclusively on express
bargains” determined by market values. Chipman was a Vermont lawyer,
a professor of law at Middlebury, a representative to the state
legislature and the U.S. Congress and a delegate to several Vermont
constitutional conventions. Marvin 189. Horwitz, The
Transformation of American Law 181. Cohen 3621. 

29. Chipman, Nathaniel.
Principles of Government: A Treatise on Free Institutions Including
the Constitution of the United States.
Burlington: Edward Smith, 1833. viii, 144, 145a-188a, [145]-330 pp.
Reprinted 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-046-5.
Cloth. $80. 

One of America’s “Great Textbooks” on Bankruptcy
30. Collier, William Miller.
The Law of Bankruptcy and the National Bankruptcy Act of 1898. A
Treatise of the Principles and Practice of the Law of Bankruptcy as
Embodied in the New National Bankruptcy Act. With Citations to All
Applicable Cases Decided Under the Former United States Bankruptcy
Acts, Many English Decisions, and Extended Notes and Comments Upon
the New Statutory Provisions, and Containing the Official Rules,
Forms and General Orders in Bankruptcy, as Prescribed by the Supreme
Court of the United States, Cross-Referenced, Annotated and Indexed;
And Also the Rules in Equity of the United States Courts; And Also a
List of the Judges and Clerks of the Courts of Bankruptcy.
Albany: Matthew Bender, 1899. xxx, 695 pp. Octavo (6" x 9").
Original law calf, blind frames to boards, raised bands, owner label
and red and black lettering pieces to spine. Moderate rubbing with
some wear to spine and extremities, a few scuffs and dampspotting to
boards, front joint starting, hinges cracked but secure. Small
bookseller stamp to front pastedown, offsetting to margins of
endleaves, text clean and fresh. $750.
* Second enlarged edition of perhaps the most authoritative and
comprehensive treatise on the subject. Vanderbilt considers this
book to be one of America’s “great textbooks” in which the “history
of American law might well be traced.” Now in its revised fifteenth
edition, Collier on Bankruptcy remains a highly-respected
standard authority. Vanderbilt, Men and Measures in the Law
21 cited in Marke 442.
See illustration below. 

Final Edition of Cooley’s Constitutional Limitations
31. Cooley, Thomas M[cIntyre] [1824-1898]. Carrington, Walter,
Editor.
A Treatise on the Constitutional Limitations Which Rest Upon the
Legislative Power of the States of the American
Union.
With Large Additions, Consideration of Amendments, and Giving the
Results of the Recent Cases. Boston: Little, Brown, and Company,
1927. Two volumes. Contemporary buckram, moderate shelfwear, hinges
starting, front free endpaper lacking from Volume I, some cracks to
text blocks, a few mended with clear binding tape, minor wear to
fore-edges of a few leaves, occasional brief annotations in pencil.
Ex-institution library. Stamps to spines, residue from security tags
to rear pastedowns and free endpapers, security tag to index leaf of
Volume II. $100.
* Eighth and final edition. This influential work places Cooley on a
par with Story as among the foremost commentators on the
Constitution. “His discussion attained immediate fame and his views
and suggestions practically dominated American Constitutional Law,
particularly in the state courts...”: Marke 396. Catalogue of the
Library of the
Law School of Harvard University
(1909) I:459 [HLC]. 
32. Coxe, Brinton.
An Essay On Judicial Power and Unconstitutional Legislation,
Being a Commentary on Parts of the Constitution of the
United States.
Philadelphia: Kay and Brother, 1893. Reprint. New York: Da Capo
Press, 1970. [ii], xvi, 415 pp. $65.
* Coxe’s main argument is that the “Constitution contains express
texts providing for judicial competency to decide questioned
legislation to be constitutional or unconstitutional and to hold it
valid or void accordingly” (4). There are four subordinate
arguments: First, that the framers of the constitution specifically
granted the courts the power to hold a law unconstitutional by dint
of the Supremacy Clause and by Article III, Section 2 defining
judicial power. Second, that documents written before the
constitution were influential in framing the text and establishing
the idea of judicial review. The third looks at the era before and
during the confederation with an eye toward the court’s power to
rule on constitutionality. The fourth argument finds analogies and
precedents in foreign law, including Roman and Canon law. 
33. Darrow, Clarence [1857-1935].
Crime Its Cause and Treatment. London: George G. Harrap &
Co., Ltd. [1922] x, 292 pp. Original cloth. Worn, corners bumped,
spine faded and almost detached. $20.
* Darrow’s views on crime and punishment. “You might as well hang a
man because he is ill as because he is a criminal.” 
34. Darrow, Clarence.
Dry-Law Debate. Clarence Darrow vs. Wayne B. Wheeler. Little
Blue Book No. 1256. Girard: Haldeman-Julius Co., 1927. 32 pp. Small
pamphlet (3" x 5"). Original printed wrappers, browning to text,
lower corner (about 1/2 inch) lacking from rear cover. $25.
* Hunsberger, Clarence Darrow: A Bibliography 207. 
35. Darrow, Clarence.
Is Life Worth Living? A Debate: Frederick Starr-Clarence Darrow.
Girard: Haldeman-Julius Company, [1925]. 61 pp. Original wrappers.
Slightly soiled. Good. $25.
* Little Blue Book No. 910. Reprint of 1920 edition. This debate
took place at the Garrick Theater, Chicago, on March 28, 1920.
Hunsberger 134. 
36. Darrow, Clarence.
The Ordeal of Prohibition. Girard: Haldeman-Julius Company,
[1925]. 64 pp. Original printed wrappers. Very good. $25.
* Little Blue Book No. 974. Article on the senseless infringement of
individual rights as a result of Prohibition. Hunsberger,
Clarence Darrow: A Bibliography 170. 
37. Darrow, Clarence.
Is Religion Necessary? Yes, Rev. Robert MacGowan. No,
Clarence Darrow. Girard: Haldeman-Julius Publications, [1931].
27 pp. Small pamphlet (3" x 5"). Original wrappers. Light browning
to text. A well-preserved copy. $45.
* First edition. Hunsberger 264. 
38. Darrow, Clarence.
Remarks of Clarence Darrow at the Memorial Service to George
Burnham Foster and at the Funeral of John P. Altgeld. Chicago:
John F. Higgins, 1919. 15 pp. Original printed papers, worn, borders
soiled. Internally clean and bright. OCLC locates 7 copies. $250.
* Rare copy of Darrow’s funeral elegies to the noted philosopher
George Burnham Foster and the progressive Illinois governor John P.
Altgeld. 

39. Darrow, Clarence.
Resist Not Evil. Girard, Kansas: Haldeman-Julius Company,
[1925]. 64 pp. Octavo (5-1/2" x 8-1/2"). Original printed wrappers.
Slight fading to spine, browning to text. $50.
* Big Blue Book No. B-18. Reprint of 1902 and 1904 editions with a
new introduction by the author. Darrow was greatly influenced by
Tolstoy in his views on pacifism, but in the preface to this edition
states that “man can never reach a state of non-resistance.”:
Hunsberger 180. 
40. Davis, David Brion.
Homicide in American Fiction, 1798-1860: A Study in Social
Values. Ithaca: Cornell University Press, 1957. xviii, 346 pp.
Original cloth, some shelfwear, internally clean. $25. 
41. Davis, George B.
Outlines of International Law: With an Account of Its Origin and
Sources and of Its Historical Development. New York: Harper &
Brothers, [1887]. xxiv, 469 pp. Original cloth, some shelfwear,
front free endpaper lacking, rear hinge just starting. Owner’s
visiting card affixed to center of front board, his annotations and
underling to endleaves and sections of text. $30. 
42. De Haas, Elsa.
Antiquities of Bail: Origin and Historical Development in
Criminal Cases to the Year 1275. New York: Columbia University
Press, 1940. Reprint. New York: AMS Press, 1966. viii, 174 pp.
Original cloth, light shelfwear, internally clean. $30. 
43. [Dickens, Charles (1812-1870)]. Fitzgerald, Percy, Editor.
Bardell v. Pickwick: The Trial for Breach of Promise of Marriage
Held at the Guildhall Sittings, on April 1, 1828, Before Mr. Justice
Stareleigh and a Special Jury of the City of London. Edited with
Notes and Commentaries. London: Elliot Stock, 1902. [vii], 116 pp.
Frontispiece, illustrations. Original starched buckram, beveled
boards, gilt titles to front boards and spine, deckle fore-edge,
light shelfwear. Owner signature to verso of front free endpaper,
interior otherwise clean. $75.
* One of the most famous legal cases in English literature,
Bardell v. Pickwick is an episode from The Pickwick Papers
(1836-1837) by Charles Dickens in which the hero becomes the
defendant in a breach of promise of marriage suit. Mr. Justice
Gaselee and Serjeants Snubbin and Buzfuz are among the characters
introduced here. One of the most popular episodes in the novel, it
was often dramatized or read aloud as a parlor entertainment. It
also inspired several legal analyses, most notably Frank Lockwood’s
The Law and Lawyers of Pickwick. 
44. Dropsie, Moses A.
The Roman Law of Testaments, Codicils and Gifts in the Event
of Death (Mortis Causa Donationes). Philadelphia: T. & J.W. Johnson,
1892. Reprint. Littleton: Fred B. Rothman & Co., 1996. xi, 197 pp.
Cloth. New. $42.50
* This work is based on extracts from the Corpus Juris Civilis,
especially the Digest. 
Study of the Civil Law Notable for Its Criticism of the Crown
45. Duck, Arthuro (Arthur) [1580-1648].
De Usu et Authoritate Juris Civilis Romanorum, In Dominiis
Principum Christianorum. Leipzig: Sumptibus Johannis Luderwaldi,
1676. [xlvi], 474, [53] pp. Copperplate pictorial frontispiece.
12mo. (3" x 5-1/4"). Contemporary vellum with lapped edges, early
hand-lettered title to spine. A few scuffs and inkstains to boards,
some wear to spine ends, corners and fore-edges or boards, hinges
cracked but secure, Chip to top edge of front endleaf. Title page
printed in red and black. Some toning to text, occasional light
foxing, faint dampstaining to margins. Early owner signature to
front endleaf, interior otherwise clean. $500.
* Later edition of a work first published in 1653. On one hand,
this book is an explanation of the “use and authority” of the
civil law in England. On the other, it is a critical appraisal
of the English Crown. As Coquillette observes, “[m]ore than half
of this little book was dedicated to showing that there was a
good deal of ‘might makes right’ in the early English monarchy,
rather questionable legitimacy of succession, and some major institutional
dislocations beginning with the ‘harsh...yoke of the conquest
itself.” This was an unusual position for a staunch Royalist and
member of the Royalist-leaning Doctor’s Commons to take. Indeed,
fearing punishment, Duck refused to publish this work during his
lifetime. It had a lively posthumous history, however. Reprinted
in England in 1679 and 1689, it also went through numerous continental
editions, including one by Elzevier. A partial translation was
published as an appendix to a translation of Ferriere’s The
History of the Roman or Civil Law (1724). This edition not
in Sweet & Maxwell or the BMC. Coquillette, The
Civilian Writers of Doctor’ Commons,
London
161-163.
See illustration below.


46. Durran, William.
The Lawyer: Our Old-Man-of-the-Sea. Foreword by R.F. Fulton.
London: Kegan Paul, Trench, Trubner and Company, 1913. Original
cloth, gilt titles to front board and spine. Light rubbing, minor
scuff to rear board, spine ends bumped. Owner stamp to front
pastedown, internally clean. $85.
* Trenchant criticism of the legal systems of England, India and the
United States. 
47. Evans, William Franklin.
Federal Contacts With Land Titles: A Treatise on Administering
Federal Statutes in Relation to the Real Estate Laws of the States.
Charlottesville: The Michie Company, 1944. xxi, 256 pp. Original
textured cloth, some shelfwear, internally clean. $30. 
New York Penal Code Inscribed by Field
48. [Field, David Dudley (1805-1894)].
The Penal Code of the State of New York. Reported Complete by the
Commissioners of the Code.
Albany: Weed, Parsons & Co., 1865. lxiv, 406, clxvii pp. Octavo
(5-3/4" x 9"). Original cloth, decorative blind stamping to boards,
rebacked retaining original spine. Light rubbing to boards with
minor wear to corners, spine ends restored, hinges repaired. Author
inscription in bold hand to verso of front free endpaper, light
foxing to endleaves and a few text leaves. Ex-New South Wales
Parliamentary Library. Small inkstamp to title page and a few
leaves. $500.
* First edition. The inscription reads: “For/ The Parliamentary
Library,/ New-South-Wales,/ From David Dudley Field,/ April 14,
1894.” The Civil Procedure and Penal Codes were adopted by New
York in 1848-1850 and 1881. Although the state did adopt the others,
they were influential elsewhere. California, for example, adopted
all five. They were also the model for similar codes in Europe
and elsewhere. The leading American proponent of codification
during the nineteenth century, Field was commissioned by the State
of New York to draft a complete codification of the state’s laws.
From 1847 to 1865, he served with both groups of commissioners
convened for this task and, more than any other individual, was
responsible for the drafting of all of the codes. Field was the
leading advocate of codification in the U.S. As the present copy
from Australia indicates, Field promoted the cause with missionary
zeal until the end of his life on extensive tours throughout the
world. Babbitt, Hand-List of Legislative Sessions and Session
Laws 365. See illustration below. 
49. Finkelman, Paul, and Stephen E. Gottleib, Editors.
Toward a Usable Past: Liberty Under State Constitutions.
Athens: The University of Georgia Press, 1991. vii, 448 pp. Cloth in
dust jacket. Fine. $25.
* Provides a series of case studies, from the late eighteenth
century to the present, that examine the protection afforded
individual rights by state constitutions and state constitutional
law. 
50. Finkelman, Paul.
An Imperfect Union: Slavery, Federalism and Comity. Chapel
Hill: The University of North Carolina Press, 1981. xii, 378 pp.
Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-092-9.
Cloth. $85. 

51. Finkelman, Paul, Editor.
A Brief Narrative of the Case and Tryal of John Peter Zenger
Printer of the New York Weekly Journal. New York: Brandywine
Press, [1997]. vii, 175 pp. Reprinted 2000 by The Lawbook Exchange,
Ltd. ISBN 1-58477-051-1. Cloth. $50.
* The 1736 edition of the trial narrative is reproduced in this
edition, along with Finkelman’s scholarly introduction that explains
the legal significance of Zenger’s case. Zenger was tried for
seditious libel and his 1735 acquittal is generally regarded as the
first major victory for freedom of the press in the American
colonies. 

52. Finkelman, Paul.
Slavery in the Courtroom: An Annotated Bibliography of American
Cases. Washington: Library of Congress, 1985. Illustrated.
xxvii, 312 pp. Reprinted 1998 by The Lawbook Exchange, Ltd. ISBN
1-886363-48-X. Cloth. $85.
* The book provides a detailed discussion and analysis of the
pamphlet materials on the law of slavery published in the United
States and Great Britain. 

53. Flack, Harry.
The Adoption of the Fourteenth Amendment. Baltimore: Johns
Hopkins, 1908. 285 pp. Reprint W.S. Hein, 2003. Cloth. New. $65.
* Widespread doubt as to the constitutionality of the Civil Rights
Act...led to the formulation, by the Joint Committee of Fifteen, of
this amendment to the Constitution...The Amendment for the first
time defined citizenship, and for the first time threw the
protection of the Federal Government around rights that might be
invaded by the State governments - thus reversing the traditional
relationship. The first section of the Amendment has given rise to
more adjudication than any other part of the Constitution. The
Journal of the Joint Committee of Fifteen that framed the Amendment
appears to support the theory that the framers of the amendment
definitely intended to protect the property and rights of
corporations against State legislation of a restrictive character.

Curious French Trials Involving Imposters
54. Fuller, Horace Williams.
Noted French Trials: Imposters and Adventurers. Boston: Soule
& Bugbee, 1882. 264 pp. Octavo (5" x 7-1/2"). Original moire cloth,
gilt title and ornament to front board, gilt title to spine.
Negligible shelfwear, some fading to spine, ends bumped. Light
toning, (very) faint dampstaining to head of text block, interior
otherwise fresh. An attractive book. $125.
* First edition. Includes the trials of the false Martin Guerre, the
“Woman Without a Name,” Collet, the false dauphins, the Beggar of
Vernon, the Fals Caille, Cartouche and Mandrin. OCLC locates 61
copies. Fuller was a lawyer and a member of the Suffolk,
Massachusetts bar. 
Save 40% on Purchases Until June 30, 2005
55. Gammel, Hans Peter Nielson, Compiler.
The Laws of Texas 1822-1897: Austin’s Colonization Law and
Contract; Mexican Constitution of 1824; Federal Colonization Law;
Colonization Laws of Coahuila and Texas; Colonization Law of State
of Tamaulipas; Fredonian Declaration of Independence; Laws and
Decrees, with Constitution of Coahuila and Texas; San Felipe
Convention; Journals of the Consultation; Proceedings of the General
Council; Goliad Declaration of Independence; Journals of the
Convention at Washington; Ordinances and Decrees of the
Consultation; Declaration of Independence; Constitution of the
Republic; Laws, General and Special, of the Republic; Annexation
Resolution of the United States; Ratification of the Same by Texas;
Constitution of the United States; Constitutions of the State of
Texas, With All the Laws, General and Special, Passed Thereunder,
Including Ordinances, Decrees, and Resolutions, With the
Constitution of the Confederate States and the Reconstruction Acts
of Congress. With an Introduction by C.W. Raines. Austin: The
Gammel Book Company, 1898. Volumes 1-10. Complete set. [With]
Raines, Cadwell Walton.
Analytical Index to the Laws of Texas, 1823-1905 (Both Dates
Inclusive). Austin: Von Boeckmann-Jones Company, 1906. 4, 559
pp. Together 11 books. Reprinted 2004 by The Lawbook Exchange, Ltd.
ISBN 1-58477-416-9. Cloth. New. List Price $2,750. Special Price Until June 30, 2005 $1,650.
* This monumental compilation includes all material relating to
congressional and legislative sessions as well as other significant
documents. Taken together, these materials offer an incomparable
guide to early Texas history. Indeed, C.W. Raines, the state librarian,
praises Gammel in the introduction, noting “these volumes are
in the nature of original evidence for the student of our jurisprudence,
and that nowhere else can it be so well studied as to its origin,
character, successive changes, and its present status as a blended
system of the Roman Civil Law and the Common Law of England (Volume
I, v). Published over one hundred years ago, it remains an invaluable
resource. In Basic Texas Law Books, Jenkins says it is
“the most valuable compilation of early laws of Texas, and still
the most useful” (69). Although Gammel’s Laws is one of the most
important works on the state’s history, government and politics,
it has never been reprinted. Existing copies may be in poor condition
because they were printed on unstable paper and bound in fragile
law calf. We are proud to return this title to print in a handsomely
bound edition printed on acid-free paper. This handy and durable
set will be of great value to historians, practicing lawyers and
researchers. See illustration below.


56. Garlan, Edwin N.
Legal Realism and Justice. New York: Columbia University
Press, 1941. Reprint. Buffalo: William S. Hein & Co., Inc., 2000.
xii, 161 pp. Cloth. New. $55. 
Scottish Legal Verse
57. Gloag, W[illiam] M[urray].
Carmina Legis or Verses Illustrative of the Law of Scotland.
Glasgow: Maclehose, Jackson and Co., 1920. viii, 82 pp. Contemporary
cloth, deckle edges. Some shelfwear and fading to spine, light wear
to corners. Some discoloration to endleaves, owner stamp to front
pastedown, his signature to front free endpaper, interior otherwise
clean. $125.
* Only edition. “My excuse for the appearance of this book may be
expressed in a line from George Herbert—’A verse may find him, who a
sermon flies.’ It occurred to me that a student, sometimes weary of
textbooks and lectures, might be interested in an attempt to
illustrate the principles of the law of Scotland in metrical form;
might perhaps be induced to test the accuracy of my version by
reference to the actual reports. Possibly even those whose student
days are past may not be unwilling to consider, in a novel setting,
doctrines and cases familiar to them.”: Preface [v]. OCLC locates 11
copies. Sweet & Maxwell 5:47. 
A Scholarly Introduction to the Institutes of Gaius and
Justinian
58. Greene, T. Whatcom.
Outlines of Roman Law, Consisting Chiefly of an Analysis and
Summary of the Institutes, for the Use of Students. Revised and
Enlarged. London: Stevens and Sons, 1884. xviii, 310 pp.
Frontispiece. Tables. Octavo (4-1/2" x 7"). Original moire cloth,
blind frames to boards, gilt title to spine. Light rubbing with
minor wear to extremities, a few small spots to boards, some toning
and discoloration to endleaves. Early owner signature to front free
endpaper, interior otherwise clean. $125.
* Fourth and final edition. Intended for university students, this
lucid textbook draws on the work of Savigny, Ortolan, Demangeat,
Poste, Maine, Austin and other leading scholars of the day. “[This
book] is based on the elementary treatises of Gaius and Justinian,
and is intended to give in a concise form some insight into the
great system of Roman Jurisprudence. The important differences
between the Institutes of Gaius and Justinian have been carefully
noticed, quotations have been added from the Code and Digest, and
frequent references will be found to [Austin and Maine]. The
Appendix contains extracts from the 44th chapter of Gibbon’s
Roman Empire, illustrating and explaining the subjects referred
to in the text. OCLC locates 19 copies. Sweet & Maxwell 7:134. 
59. Hadley, James.
Introduction to Roman Law in Twelve Academical Lectures. New
York: D. Appleton and Company, 1873. Reprinted Buffalo: W. S. Hein,
1996. v, 332 pp. Cloth. New. $47.50 
Appealing Early Edition of The Federalist
60. Hamilton, Alexander [1755-1804], James Madison [1751-1836] and
John Jay [1745-1829]. The Federalist, On the New
Constitution; Written in 1788. A New Edition, With the Names and
Portraits of the Several Writers. Philadelphia: Published by
Benjamin Warner, 1818. vi, [7]-504 pp. Lithographed portrait
frontispiece of Hamilton, two other plates with portraits of Madison
and Jay. Octavo (5-1/2" x 8-1/2"). Recent period-style quarter calf
over cloth, lettering piece and raised bands to spine, endpapers
renewed. Light foxing and light browning to section of text,
interior otherwise fresh. $450.
* Second single-volume edition. With the text of the Articles of
Confederation and the U.S. Constitution. Of the eighty-five essays,
John Jay wrote numbers 1-5 and 54, Madison wrote numbers 10, 14, and
37-48. Numbers 18-20 were written by all three. The remaining 50
were written by Hamilton. (The author’s name is listed at the end of
each essay in this edition.) The essays aimed to encourage
ratification of the proposed constitution by New York State, but
were immediately recognized as the most compelling commentary on the
most radical form of government the world had yet seen. Most of
these essays appeared under the collective pseudonym “Publius” in
New York newspapers and journals from October 27, 1787 to early June
1788. The M’Lean brothers published the first edition of The
Federalist (along with the text of the Constitution) in 1788 as
a two volume set. The present edition follows the text of the 1802
Hopkins edition, which was the first to include corrections by Jay
and Hamilton. Cohen 2818. Ford, Bibliography and Reference List
of the History and Literature Relating to the Adoption of the
Constitution of the United States 1787-1788 14 (50). 
Collected Papers of Alexander Hamilton
61. Hamilton, Alexander
[1755-1804]. Syrett, Harold C., Editor.
The Papers of Alexander Hamilton.
New York: Columbia University Press, 1961-1976. 23 volumes (of 27).
Cloth very good in moderately worn dust jackets. $850.
* This monumental project was completed in 1987. It contains letters
and other documents written by Hamilton, letters to Hamilton and
documents (commissions, certificates, etc.) that concern Hamilton
directly but were neither written by nor to him. The earliest item
is from February 1768, the final items in Volume XXIII are from
October 1799. 
62. Hamilton, William Baskerville, Editor.
Anglo-American Law on the Frontier: Thomas Rodney and His
Territorial Cases. Durham: Duke University Press, 1953. x, 498
pp. Original cloth very good in moderately worn dust jacket. $85.
* Appointed by President Jefferson, Rodney [1744-1811] was the
federal land commissioner and judge of the southwest borderlands
from 1803 to 1809. This book, which contains the text of his
professional diaries with notes by Hamilton, is an incomparable
record of legal administration on the American frontier during the
early 1800s. 
Jewish Marriage, English Law
63. Henriques, H.S.Q. [1866-1925].
Jewish Marriages and the English Law. London: The Bibliophile
Press, 1909. [iv], 59 pp. Original quarter cloth over paper boards,
title black stamped to front. Light shelfwear, some soiling and a
few minor stains, some toning to text, internally clean. $150.
* Only edition. With side-notes. An authority on the legal status of
English Jews, Henriques was the author of The Jews Return to
England (1905), The Jews and the English Law (1908) and
several historical and critical essays. An expanded version of an
essay from the Jewish Quarterly Review, the present work
was intended to be a supplement to his 1908 study. A compact
treatise that analyzes the law and its historical development, it
offers an interesting perspective on English marriage law. OCLC
locates 45 copies. Sweet & Maxwell 2:163. 
Thorough Legal History of English Jews
64. Henriques, H.S.Q.
The Jews and the English Law. Oxford: Printed by Horace Hart,
At the University Press, 1908. xxvii, 324 pp. Original cloth, light
shelfwear, spine ends bumped. Foxing and some discoloration to
endleaves, interior otherwise fresh. $250.
* Reprint of first and only edition. With a table of statutes
and a table of cases. The present work is a legal history
of English Jews from the Saxon period to the early 1900s. Informative
and well-written, it is both an excellent introduction and a handy
reference.
See illustration below.


65. Herbert, A.P. [1890-1971].
Uncommon Law: Being Sixty-Six Misleading Cases Revised and
Collected in One Volume, Including Ten Cases Not Published Before.
London: Methuen & Co., Ltd., 1935. Reprint. [Birmingham: The Legal
Classics Library, 1988]. xxii, 494 pp. Calf, decorative gilt
stamping, raised bands, all edges gilt, marbled endpapers, ribbon
marker. Fine. $95.
* “For any lawyer wishful to spend an hour or two with his pipe and
chuckle over these admirably cynical legal cases we know of no
better solatium on a winter’s evening.”: Juridical Review
47:439 cited in Marke 159. 
Scholarly Edition of 1846 New York State Constitution
66. Hough, Franklin [1822-1885], Editor.
Constitution of the State of New York Adopted in 1846. With a
Comparative Arrangement of the Constitutional Provisions of Other
States. Prepared Under the Direction of a Committee of the New
York State Constitutional Convention of 1867. Albany: Weed, Parsons
and Company, 1867. 4, 239 pp. Quarto (9-1/2" x 11-1/2").
Three-quarter sheep over marbled boards, red and black lettering
pieces to spine. Some rubbing to boards, rubbing with light wear to
joints, board edges and corners. Offsetting to endleaves, interior
otherwise fresh. $300.
* Offers detailed article-by-article comparisons to the
constitutions of the United States, all other states of the union
and the New York State constitutions of 1777 and 1821. Includes
general index and an index of subjects cross-referenced to each
constitution. This book is an authority in F.N. Thorpe’s important
Constitutions of the States and United States (1938). OCLC
locates 72 copies. HLC I:955. 

Elegant Essays on Roman Law by Noted Dutch Jurist
67. Huber, Ulrich [1636-1694].
Digressiones Justinianeae: In Partes Duas, Quarum Altera Nova,
Distinctae: Quibus Varia & Imprimis Humaniora Juris Continentur:
Insertus Est De Jure in Re & Ad Rem Quod Dicitur Tractatus: &
Adjecta De Ratione Discendi Atque Docendi Juris Diatribe, Per Modum
Dialogi: Cum Indice Rerum & Verborum.
Franeker: Apud Johannem Gyselaar, Henricum Amama, & Zachariam
Taedama, 1688. [xxx], 632 [i.e. 528], [4], 63, [17] pp. Each section
preceded by divisional title page. Quarto (6" x 7-3/4").
Contemporary vellum, blind frames and large arabesques to boards,
hand-lettered title to spine, speckled edges. A few light scuffs,
boards slightly bowed, head of spine bumped, vellum has broken
though pastedowns. Red and black title page with attractive woodcut
printer device, woodcut head-pieces, tail-pieces and decorated
initials. Residue from bookplate to front pastedown, fore-edges of
front endleaves creased and lightly worn, light wear to fore-edge of
title page. Small later inkstamp and fine early owner signature to
title page, interior otherwise fresh. $500.
* Third edition, and the final authorial edition. With indexes.
Huber was a well-known Dutch jurist and professor at the
Universities of Franeker, Utrecht and Leyden. He was also a judge in
Friesland and the author of numerous legal works on Roman and
Roman-Dutch law. He was as important in his day as Grotius, and it
remains influential in South African law. First published in 1664,
Digressiones Justinianeae went through eight editions, the
final in 1721. More an essay collection than a treatise, it collects
his thoughts on a variety of Roman law topics. He also discusses
legal pedagogy and the work of his contemporaries and
near-contemporaries, such as Grotius and Hobbes. These latter
sections are especially interesting because they show what a learned
contemporary thought of their work when it was new. They are similar
in many regards to reviews in learned journals or publications like
the New York Review of Books. KVK Locates 12 copies of this
edition, 27 of all editions. Dekkers, Bibliotheca Belgica
Juridica 86 (4). 
68. Hurst, James Willard.
Law and Social Order in the
United States.
Ithaca: Cornell University Press, 1977. 318 pp. Cloth very good in
lightly worn dust jacket with some fading to spine. $60.
* The social history of law in the United States is defined and
explored in this groundbreaking work by the distinguished scholar
and author of The Growth of American Law. Beginning with a
general discussion of legal history as a field of study, Hurst goes
on to outline the development of the major types of legal
authorities, describe public-policy reactions to the physical
challenges of society and its implications in science and technology
and sketch the adaptation of legal institutions to business. 
69. Hutchinson, Allan C.
Evolution and the Common Law. [Cambridge]: Cambridge
University Press, [2005]. x, 294 pp. Cloth. New. $75.
* This challenging account of the common law maintains that its
dynamic history and periods of change and stability cannot be
explained by a grand theory or other model. Offering fresh and
original readings of Charles Darwin’s and Hans-Georg Gadamer’s
works, the book shows that law is a rhetorical activity that can
only be appreciated properly in its historical and political
context. Like life, it argues, law is a product of functional and
localized causes rather than some grand plan or intervention. 
Popular Layman’s Guide Jacob
70. [Jacob, Giles (1686-1744)].
Every Man His Own Lawyer: Or, A Summary of the Laws of
England in a New and Instructive Method, Under the Following Heads,
Viz. I. Of Actions and Remedies, Writs, Process, Arrests, and Bail.
II. Of Courts, Attornies and Solicitors Therein, Juries, Witnesses,
Trials, Executions, &c. III. Of Estates and Property in Lands and
Goods, and How Acquired; Ancestors, Heirs, Executors and
Administrators. IV. Of the Laws Relating to Marriage, Bastardy,
Infants, Ideots, Lunaticks. V. Of the Liberty of the Subject, Magna
Charta, the Habeas Corpus Act, and Other Statutes. VI. Of the King
and His Prerogative, the Queen and Prince, Peers, Judges, Sheriffs,
Coroners, Justices of the Peace, Constables, &c. VII. Of Publick
Offences, Treason, Murder, Felony, Burglary, Robbery, Rape, Sodomy,
Forgery, Perjury, &c., And Their Punishment. All of Them Plainly
Treated of, That All Manner of Persons May be Particularly
Acquainted With Our Laws and Statutes, Concerning Civil and Criminal
Affairs, and How to Defend Themselves and Their Estates and
Fortunes; In All Cases Whatsoever.
With Additions. [London]: Printed for Henry Lintot, 1757. vi, 456,
[14] pp. Octavo (4-3/4" x 7-1/2"). Recent period-style quarter calf
over marbled boards, raised bands and lettering pieces to spine,
endpapers renewed. Faint dampstaining to top and fore-edges of final
quarter of text block, occasional light foxing. Early owner
signature to head of title page, interior otherwise clean. A
handsome copy. $500.
* Fifth edition. This popular layman’s guide by one of the most
prolific legal writers of eighteenth-century England was first
published in 1736. Its final edition, the tenth, was published
in 1788. The mention of “All Manner of Persons” in the subtitle
is significant. Jacob, though certainly interested in boosting
sales by attracting the widest audience possible, was an idealist
who believed that widespread knowledge of the law would help create
a more just society. This is also evident in his other publications,
such as The Common Law Common-Placed (1726) and Treatise
of Laws (1721). Sweet & Maxwell 1:33 (44).
See illustration below. 

Edition of the Code With Important Notes by Denis Godefroy
71. [Justinian (483-565 CE)]. Gothofredi, Dionysii (Godefroy, Denis)
[1549-1622], Editor and Annotator.
Codicis Dn. Justiniani Sacratissimi Principis Pp. Aug. Repetitae
Praelectionis Libri XII. Postrema Editio Prioribus Auctior et
Emendatior.
Frankfurt: Sumptibus Societis. Imprimebat Balthas. Christoph. Wust.,
1688. [xvi] pp, 282 columns. Quarto (8" x 10"). Contemporary vellum,
early hand-lettered title to spine, ties lacking. Moderate soiling
and staining, cracks at beginning and end of text block, some wear,
creases, soiling and minor tears to edges of preliminaries,
occasional light foxing. Attractive woodcut title-page printer
device, head-pieces, tail-pieces and decorated initials. Early owner
signature to title page, brief annotations to a few leaves, interior
otherwise clean. Handsome. $750.
* With an index of titles and Godefroy’s edition of the Twelve
Tables, Constitutiones Friderici II, Extravagantes, Liber de Pace
Constantiae and Epitome Feudorum. Commissioned by the Emperor
Justinian in 530 CE, the body of writings known collectively as the
Corpus Juris Civilis preserved and restated all existing
Roman law. Compiled in three years under the direction of Tribonium,
it was both a critical restatement of earlier law and
jurisprudential writings and a complete collection of recent
legislation. It is divided into four books, the Institutes,
Digest, Code and Novels. The Code
contains the laws in force during Justinian’s reign. It is divided
into 12 books. Book 1 deals with ecclesiastical law, the sources of
law, and the duties of high officials. Books 2-8 deal with private
law. Book 9 deals with criminal law. Books 10-12 deal with
administrative law. It received a great deal of commentary during
the medieval and early modern eras. That of Denis Godefroy was
influential well into the twentieth century. Godefroy was a jurist,
humanist, historian, scholar of Roman law and professor at the
Universities of Geneva and Heidelberg. He was also the first to
apply the collective name Corpus Juris Civilis to Justinian’s
works. KVK locates 5 copies. This edition not in the BMC.


72. [Justinian]. Moyle, John Baron [1852-1930], Editor.
Imperatoris Iustiniani Institutionum Libri Quattuor.
With Introductions, Commentary, and Excursus. Oxford: At the
Clarendon Press, 1912. vi, 682 pp. Original cloth, some shelfwear,
hinges starting. Underlining and notes in pencil to portions of
text, interior otherwise clean. $85.
* Fifth edition. Text in Latin, notes and commentary in English.
Intended for students, the Institutes is a synopsis of
the reformed legal system. It supplanted the earlier Institutes
of Gaius.

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