do not consent thereto, even in the hands of a bona fide holder for value.-Greenfield Savings Bank v. Stowell, 123 Mass. 196. Arbitration. It is no ground for setting aside an award, that the arbitrator had been counsel in another case for the party in whose favor he found, although the other party did not know this fact, in the absence of evidence to show that it was purposely concealed.-Goodrich v. Hulbert, 123 Mass. 190. Assault. The prisoner pointed a pistol at a man who unlawfully attempted to stop the team which he was driving, and threatened to shoot if he was not allowed to pass. Held, that he might be convicted of a simple assault, but not of an assault with intent to kill.-Hairston v. The State, 54 Miss. 689. Assumpsit. One who has paid to a bona fide holder for value a note purporting to be made by him and indorsed by the payee, and afterwards discovers either the payee's name or his own to be a forgery, may, if guilty of no laches, recover back from the holder the money paid. -Carpenter v. Northborough Nat'l Bank, 123 Mass. 66; Welch v. Goodwin, ib. 71. who, with the owners' consent, pretending to be accomplices of the prisoner, decoyed him into entering the bank, and having entered he was arrested. Held, that he was not guilty of burglary.-Speiden v. The State, 3 Tex. Ct. App. 156. Charity. Property was given by will to the magistrates and town council of Dumfries, in Scotland, in trust, to apply the proceeds in such manner as might seem best to them, to promote the cause of instruction in the high school of that town. After the will was made, and before the testator died, the control of the school and its trust-funds was by act of Parliament taken away from the magistrates and town council, and vested in a school-board. Held, that the latter could not take the devise; the courts of Maryland having no power to execute trusts cy-pres-Provost of Dumfries v. Abercrombie, 46 Md. 172. Check. At the time of making a check, it was verbally agreed between the drawer and the payee that it should not be presented for pay Ind. 232. ment until a certain time. It was then presented, and dishonoured, of which the drawer had notice. In an action against him by the payee, Bankruptcy.-One partner in a firm became held, that he was liable.-Pollard v. Bowen, 57 bankrupt. He did not show that he was a member of any firm, or set forth any assets or liabilities of any firm. Held, that his discharge in bankruptcy was no bar to an action against him to recover a partnership debt.-Corey v. Perry, 67 Me. 140. Bills and Notes.-A promissory note containing a promise to pay a "collection fee, if not paid when due," held, not negotiable.- Woods v. North, 84 Penn. St. 407. Contra, Seaton v. Scovill, 18 Kans. 433. Bond.-S. was Treasurer of the State from January, 1873, to September, 1875. In April, 1875, he gave a new bond, with new sureties. He was then a defaulter to the State. After that time, he received public moneys; part of which he applied to discharge his prior defalcation, and part he failed to account for. In an action on the new bond, held, that his sureties were liable for the whole.-State v. Sooy, 10 Vroom, 539. Burglary-Information having been given to the owners of a banking-house that the prisoner intended to rob it, they employed detectives, Conflict of Laws.-An infant was, by decree of a court in the State of his domicil, made according to the law of that State, relieved of the disability of nonage. Held, that the decree had no extra-territorial force, and did not enable the infant to sue in another State his guardian there appointed and residing, for moneys in his hands as such guardian.-Gilbreath v. Bunce, 65 Mo. 349. Consideration.-1. A wife separated from her husband, and sued for a divorce on the ground of cruelty. Held, that her promise to abandon the suit and return to him was a sufficient con sideration for his promissory note made to a third person for her benefit.-Phillips v. Meyers, 82 Ill. 67. 2. Plaintiffs, in consideration of a royalty, granted to defendants a license to use their patent, the validity of which was in litigation at the time, as defendants knew. In an action to recover the royalty, held, that defendants could not set up the invalidity of the patent as a failure of consideration.—Jones v. Burnham, | was not affected with constructive notice— 67 Me. 93. Wickersham v. Chicago Zine Co., 18 Kans. 481. Conspiracy. Two persons were indicted for conspiracy. Before verdict a nol. pros. was entered as to one. Held, that no judgment could be rendered on a verdict of guilty afterwards found against the other.-State v. Jackson, 7 S. C. 283. Constitutional Law. A statute making the intermarriage of white persons and negroes a criminal offence, held constitutional.-Frasher The State, 3 Tex. Ct. App. 263. Constitutional Law (State).-1. The legislature authorized a city to exempt from taxation for six years the property of a water company. The company contracted to supply the city with water for public purposes, free of cost; and the city exempted the company from taxation for five years. Held, that the statute giving the city power to exempt was constitutional; (2) that the power was well exercised.-Portland v. Portland Water Co., 67 Me. 135. 2. A prisoner convicted of assault and battery was sentenced to five years' imprisonment in the county jail, and to find sureties for $500 to keep the peace for five years more. Held, that the sentence was unconstitutional, because excessive.-State v. Driver, 78 N. C. 423. 3. A constitutional amendment provided that "property shall be assessed for taxes under general laws, and by uniform rules." When this amendment was adopted, there was a general tax-law in force. Held, that the amendment was self-executing, without further legislation, and repealed all special tax laws. State v. Newark, 10 Vroom, 380. Contract.-A., who had bought ice of B., ceased to take it on account of dissatisfaction with B., and contracted for ice with C. Afterwards B. bought C.'s business, and delivered ice to A., who had no notice of the purchase until after the ice had been delivered and used. Held, that B. could not recover the price of the ice from A. -Boston Ice Co. v. Potter, 123 Mass. 28. Corporation..-1. A man purchased land, with actual notice of an unrecorded incumbrance on it. Afterwards a corporation was or ganized, of which he was chosen an officer, and to which he conveyed the land. Held, that the corporation, having no actual notice of the incumbrance, 2. A certificate of stock in a corporation was delivered to an auctioneer for sale, together with a power of attorney purporting to be erecuted by the owner. The auctioneer having sold the stock, took out a new certificate in his own name, and assigned it to a purchaser for vale, to whom the corporation issued a new certifcate. The original certificate had been taken without the true owner's knowledge, and the power of attorney was forged; but this was not known either to the auctioneer or the purchaser. On bill by the true owner against the corpor tion and the purchaser, held, that he was entitled to a decree against the corporation to issue to him a certificate for his shares and to pay to him the dividends thereon; but not to a decree against the purchaser.-Quare, as to the rights inter s of the corporation and the purchaser.—Pratt v. Taunton Copper Co., 123 Mass. 110. Covenant.-A. covenanted to sell to B. a lot of land and banking-house, and further, not to engage within ten years in the business of banking in the same town; and that the covenant should run with the land, and that any person who might own the land might sue on it in case of breach. B. sold the land to C. Held, that C. might sue A. for a breach of the covenant.— Nat'l Bank of Dover v. Segur, 10 Vroom, 173. Damages.-1. Trespass for taking coal from. plaintiff's mine. Held, that the measure of dam ages was the value of the coal as soon as it was severed and became a chattel; that is, its value at the mouth of the pit, less the cost of getting it there from the place where it was dug.Illinois & St. Louis R. R. Co. v. Ogle, 82 Ill. 627 2. Money was sent by carrier to the agent of a life-insurance company, to be applied in payment of a premium due on a policy, which would by its terms lapse if such premium was not paid. of all which the carrier had notice, but failed to deliver the money. Held, in an action against him by the administrator of the assured, that the measure of damages was the value of the policy when it lapsed; unless the deceased might by the use of ordinary care, have obtained other insurance before he died, in which case the carrier would not be liable for the loss which the deceased might thus have prevented.-Grindle v. Eastern Express Co., 67 Me. 317. And see Sutherland v. Wyer, ib. 64. Deceit.-1. In a suit to recover the purchasemoney of a plantation on the Mississippi River, held, that the vendee might recoup the damages suffered by inundations, which the vendor had fraudulently represented that the plantation was safe from; including the diminished value of the plantation below what was paid for it, by reason of its exposed situation, and also the actual loss of crops, of cattle drowned, and of fences washed away.-Estell v. Myers, 54 Miss. 174. the survivor.-Held, that" natural heirs" meant issue.-Miller v. Churchill, 78 N. C. 372. Divorce.-A malicious prosecution of a husband by his wife, for an alleged assault and battery, held, not such cruelty by her as to entitle him to a divorce.-Small v. Small, 57 Ind. 568. Emblements.-Land was conveyed in fee simple, " possession to be given at the death of" the grantor, with a very sweeping clause conveying all rents and profits, privileges and appurtenances, with much particularity, and in the fullest manner. On the grantor's death, held, that the grantee, and not the grantor's executor, was entitled to growing crops.- Waugh v. Waugh, 84 Penn. St. 350. 2. Defendant, on the sale of a farm to plaintiff, falsely represented that a certain noxious weed did not grow on it; and defendant bought it, relying on such representations. In fact, the weed grew on the farm; and plaintiff had visited the farm, and gone over it freely, and knew the weed by sight, and might have seen it growing on the farm. Held, that he could not main-burning a building, held, that the defendant 2. Land bounding on a stream was conveyed, the grantor "reserving the right of occupying the pond and shore for the purpose of securing and holding timber taken from his property." Held, that he had the right to pile timber on the land, as well as to moor to the land timber floating in the water.-(Two judges dissenting.)Lacy v. Green, 84 Penn. St. 514. Devise and Legacy.-1. Devise to A, for life, and, if she have lawful issue, then to said issue in fee; but, should she die without lawful issue, then over. Held, (1) that A. took only an estate for life; (2) that the devise over was good as a contingent remainder.- Timanus v. Dugan, 46 Md. 402. 3. Devise to J. S. and family." J. S. had a wife and six children. Held, that he and his wife took one-seventh of the estate, as tenants by entireties, and the children each one-seventh. Hall v. Stephens, 65 Mo. 670. 3. Testatrix gave a certain sum to each of her two sisters, and in case of the death of either "without natural heirs," the bequest to go to Evidence.-1. In a civil action for maliciously could not give evidence of general good character. Gebhart v. Burkett, 57 Ind. 378. 2. In an action by a father to recover for the services of his son, on a quantum meruit, the defendant may show that the son embezzled an amount exceeding all wages due him, so that his services were worth nothing.-Schoenbergh v. Voight, 36 Mich. 310. 3. In an action by the superintendent of a manufacturing company, against the company, to recover his salary, he gave in evidence the certificate of the treasurer of the company that so much was due him. Held, that the certificate was not binding on the company as an admission, without proof that the treasurer had authority to make it. Kalamazoo Manuf. Co. v. McAlister, 36 Mich. 327. 4. A bill of exceptions, agreed to by the counsel on both sides and allowed by the judge, containing the substance only of the testimony of a witness in a capital case, held admissible in evidence on a second trial of the case, the witness having died meantime.-State v. Able, 65 Mo. 357. 5. Assessments of taxes held, not admissible to show the value of land.-Hanover Water Co. v. Ashland Iron Co., 84 Penn. St. 279. 6. Defendant sold goods by sample to plaintiffs, who sold them by the same sample to a third person, who afterwards sued plaintiffs for breach of an implied warranty of quality, and recovered judgment, which plaintiffs satisfied, In an action by plain tiffs against defendant to recover over for took possession.-Emerson v. European & North breach of warranty, held, that the judgment | American R'y. Co., 67 Me. 387. against plaintiffs was not evidence of a breach, though defendant had notice of the action in which that judgment was rendered, and was requested to defend it, and testified as a witness in it. Smith v. Moore, 7 S. C. 209. 7. Action by a city against a land-owner, to recover the expense of abating a nuisance on his land. Held, that the decision of the city board of health, made without notice to the owner, that a nuisance existed on the land, was not conclusive evidence (and, semble, that it was not evidence at all) that such nuisance in fact existed.— Hutton v. Camden, 10 Vroom, 122. 8.--Action on a policy of fire insurance. Plea, that the assured wilfully burned the property. Held, that defendants were not bound to prove the plea beyond a reasonable doubt.-Kane v. Hibernia Insurance Co., 10 Vroom, 697 (Court of Errors, reversing judgment of Supreme Court). Execution.-After an execution had been levied on slaves, but before they were sold under it, they were emancipated. Held, that the judgment was satisfied. McElwee v. Jeffreys, 7 S. C. 228. Executor and Administrator. 1. Bill in equity by residuary legatees, against the sureties on the executor's bond, to recover for a devastavit committed by the executor. Held, not sustainable, the remedy being at law on the bond.Edes v. Garey, 46 Md. 24. 2. Assumpsit against administrators. Plea, puis darrein continuance, that they had been removed from office and a new administrator appointed. Replication, that before removal they were guilty of a devastavit. Held, bad. Mc Donald v. O'Connell, 10 Vroom, 317. Foreign Attachment. 1. One summoned as garnishee disclosed that he had given to the defendant a certificate of indebtedness, not negotiable, but which the defendant had sold to a third person. Held, that he was not chargeable. Cairo & St Louis R. R. Co. v. Killenberg, 82 Ill. 295. 2. A railroad company mortgaged all its property now possessed or hereafter to be acquired; and afterwards, while remaining in possession of the road, made a contract to carry freight for an express company. Held, that the express company was chargeable, as garnishee of the railroad company, for all moneys earned by the latter under the contract before the mortgagees 3. The State treasurer cannot be held as garnishee, in respect of moneys in his hands due from the State to the debtor.-Lodor v. Baker, 10 Vroom, 49. Fraudulent Conveyance. By statute, a judgment is a lien for seven years on the judgment debtor's land. A creditor having suffered seven years to elapse after recovering judgment, heid, that equity would not afterwards aid him to set aside a fraudulent conveyance of the debtor's land.-Fleming v. Grafton, 54 Miss. 79. Gaming.-Persons who play together at an unlawful game are several and not joint offenders; and therefore they are not accomplices of each other, and one may be convicted on the uncor roborated evidence of another. Stone v. The State, 3 Tex. Ct. App. 675. Homicide. By the law of Massachusetts, suicide is criminal as malum in se, though neither the act nor the attempt to commit it is punishable; and therefore where a person in attempting to commit it, accidentally killed another who was trying to prevent its accomplishment, held, that he was guilty of manslaughter at the least; whether of murder, quære. Commonwealth v. Mink, 123 Mass. 422. 2. A wife cannot, after a divorce, maintain an action against her husband for assaulting and falsely imprisoning her as a lunatic, during coverture; nor against third persons who conspired with him and assisted him therein.-Abbot v. Abbott, 67 Me. 304. 3. An execution was levied on land of which the debtor and his wife were seized by entireties Held, that the levy was valid, and passed to the creditor the debtor's estate during his life; but did not divest the wife's right of survivorship. Hall v. Stephens, 65 Mo. 670. Insanity-On an issue of the sanity of a testator, the jury were instructed that illusions or hallucinations, though evidence of insanity, would not avoid the will, unless such delusion or insanity had entered into or affected the will itself. Held, error.-Eggers v. Eggers, 57 Ind. 461. The Legal News. VOL. I. NOVEMBER 16, 1878. dred words, and the prothonotary has been instructed not to employ any who do not consent to accept this rate. It is hardly within our province to discuss the question of fees here. It No. 46. may be observed, however, that the duty of taking a correct note of evidence is a responsible and onerous one, and the work, if stenographers were paid by a salary, ought at least to be as well remunerated as that of a deputy prothonothat incompetent or careless writers ought to be tary. It is obvious, where accuracy is essential, excluded, and that the scale of remuneration ENGLISH BANKRUPTCY CASES. Creditors in England do not seem to be much more fortunate than those in a similar position elsewhere. A correspondent communicates to Truth, an English journal, a printed list of the results of twenty-four bankruptcies, which, he says, "are in no way exceptional." If not exceptional, they are nevertheless not a little remarkable. Altogether the estates in these cases realized £56,917 10s. 9d. Out of this the "trustees" managed to appropriate £15,586 178. 44d; £11,415 3s. 3d. went to the creditors, while £2,763 108. 2d. represented the balance, probably never to be distributed, remaining in the hands of the trustees at the time of the last The audit. "The facts of one of the twenty-four cases," says the writer, "are peculiarly instructive. In it the committee of inspection was a firm of London solicitors, the trustee an accountant having offices in the same building, and the only assets were sold by an auctioneer, whose charges for so doing were £90 38. 1d. sale realized £599 158. 7d., which was thus divided: The committee of inspection voted the solicitors of the trustee (themselves, doubt less) £173 28. 5d., and awarded the trustees £172 178. 9d.; but the creditors did not get a single farthing, the rest of the funds being pocketed for incidental expenses. In another case the trustee was a solicitor and the registrar of a county court, and knowing that his official position prevented him charging extravagantly, he did next to nothing and took £39 17s. 6d. for his services; but he so managed that his solicitor's costs amounted to £1293 18s. 7d. The creditors only got £839 8s. 9d. between them." STENOGRAPHERS' FEES. An order has been made by the Superior Court at Montreal, fixing the rate to be allowed in future to stenographers taking notes of evidence in the Court, at twenty cents per hun should be sufficient to secure the best men. We have some doubt whether the new rule will do this. For instance, stenographers engaged by Parliamentary committees, are paid thirty cents per hundred words, and five dollars additional in some instances, ten dollars a day for a mornfor attendance at each sitting of a committeeing and afternoon sitting. Even at these rates it has been found difficult at times to secure a sufficient number of competent writers. It is selves short hand writers and fully acquainted also a fact that the Hansard contractors, themwith the value of the work, find it necessary to offer from three to four hundred dollars per month for competent assistants. While the employment of stenographers under the present system, in consequence of the needless redundancy of evidence, involves enormous charges on suitors, it is extremely problematical, in view of the above facts, whether the system will give greater satisfaction when the fees are cut down to a point which may lead competent stenographers to betake themselves elsewhere. THE INNS OF COURT. Around these famous edifices are gathered associations which possess more than mere professional interest. In a learned Inn, wrote Thackeray, "men are contented to sleep in dingy closets, and to pay for sitting-room and the cupboard, which is their dormitory, the price of a good villa and garden in the suburbs, or of a roomy house in the neglected square of the town. Nevertheless those venerable Inns which have the lamb and flag and the winged horse for their signs, have attraction for the persons who inhabit them, and a share of rough comfort and freedom, which men always rem |