Gambar halaman




ium, but the right of recovery was made to turn upon Life lus. Co., 25 Conn. 207. (2) A condition of the polthe ground that the jury was justified in inferring icy is that any interest in property insured not absofrom the practice of the company an authorization of lute, or that is less than a perfect title, must be reprethe agent to extend the time of payment. There was sented to the company and expressed in the policy. no pretense that the agent, by virtue of his power to The insured has the fee simplo estate in the building, make the contract of insurance and collect premiums, conveyed by deed reserving a lien for the purchasecould extend the time of payment. There is a class of money, about $350; the bouse worth $1,700. The co:.. cases where a receipt of premium by an agent, paid dition has reference to the quantity of the interest or when due, has been held to be a waiver of a forfeiture estate, which is measured by its duration. Or if not, incurred by a violation of a condition of the policy. the words used cannot have been intended to guard See Walsh v. Ætna Life Ins. Co., 30 Iowa, 133. But against mere incumbrauces. (3) The provision in a where an agent, who is authorized to receive prem- policy requiring “immediate notice,” in case of loss, iums, receives a premium paid wheu due, he is acting or as in some policies, what is equivalent, notice within the scope of his general authority. The assured " forthwith," must have a reasonable construction. It has a right to suppose that the payment is valid; that has always been held, it is said, that due diligence, unit becomes a payment to the company, and that the der all the circumstances, is all that is required. New, company by receiving it, if it receives it with knowledge York Central Ins. Co, v. National Protection Ins Co., of the forfeiture, waives the forfeiture. Wo have been 20 Barb. 468, 475. Virginia Sup. Ct. of Appeals. Janunable to discover any rule in the law of insurance uary term, 1879. Woody v. Old Dominion Insurance which would justify us in holding that an agent cau Co. Opinion hy Brooks, J.; Staples, J., dissented. bind the company by his consent to a postponement of (Appearing in 31 Grattan's Reports.) a payment of a renewal premium, and keep a policy in force contrary to its provisions, unless he is ex

CRIMINAL LAW. pressly authorized to do so. Iowa Sup. Ct., April 22, 1880. Critchett v. American Insurance Co. Opinion

FALSE PRETENSES — EVIDENCE — INTENT - PROOF by Adams, C. J.; Beck, J., dissented.


cution of T. for obtaining goods from M. & Co. upon EQUITY MAY ENFORCE PAYMENT -- MIS- false preteuses, evidence that the accused, in the same REPRESENTATION - TITLE NOTICE

- (1) city and at or about the same time, purchased goods Where a contract for the insurance of a building has

from other parties, B. & O., upou the same false prebeen made with the agent of an insurance company tenses, is admissible to show the intent of the accused having authority to issue policies, and the premium in making the representations to M. & Co., but not as has been paid, but before the policy is issued the build. | proof that the accused had committed other offenses ing is consumed by fire, a court of equity has jurisdic- not charged in the indictment. And this, though the tion to enforce the payment of the policy at the suit of statute has made the obtaining goods on false pretenses the assured against the insurance company. Tayloe v. larceny. Whenever the intent or guilty kuowledge of Merchants' Fire Ins. Co., 9 How. (U. S.) 390; Com.

a party charged with crime is a material ingredient in Mut. Marine Ins. Co. v. Union Mut. Ius. Co., 19 id. the issue of the case, other acts and declaratious of a 318; Post v. Ætna Ins. Co., 43 Barb. 351; Angell on similar character tending to establish such intent or Ins., $ 31; Wood on F. Ins., $ 12. The terms of the in- knowledge are proper evidence to be admitted, prosurance having been agreed upon by the applicant for vided they are not too remotely comected with the insurance and the agent of the insurance company, the

offense charged; and what are the limits as to the time applicant tenders to the agent the money for the pre- and circumstances is for the court, in its discretion, to mium; but the agent living in the house, and being determine. Upon an indictment for maliciously indebted to the applicant for rent, tells him he has in shooting at the prosecutor, it has been held proper to his hands money belonging to him for rent, and will

show that the accused had twice shot at the prosecucredit him for that amount. This was a valid payment tor the same day, for the purpose of rebutting the idea of the premium. Hallock v. Commercial Ins. Co., 2 of accident, and of establishing the willful intent. Dutch. (N. J.) 298. Here plaintiff tendered to an agent, Reg. v. Voke, Russ. & Ry. 531. And so, upon a prozwho was applied to for insurance, the premium, aud ecution for administering sulphuric acid to horses, the agent declined it, and said he would consider it with intent to kill them, evidence is admissible that paid, and leave it with plaintiff, who was a banker the prisoner had frequently mixed sulphuric acid with with whom the agent kept his accounts. The appli- horses' corn. Reg. v. Mogg, 4 C. & P. 364. Upon an cation was sent by the agent to the company, the risk indictment for libel, the publication of other libels was accepted to commence from a previous day, and not laid in the iudictment may be given in eridence to the policy signed was forwarded by mail to the agent: show the quo animo the defendant made the publicabut it turned out that the building insured was de- tion in question. 1 Greenl. on Ev., $ 53. Indeed, the stroyed by fire on the very day the policy was signed, cases upon this subject are almost innumerable, as may and two hours before it was so signed. The company, be seen upon examination of the books on criminal being ignorant of the fire when the policy was signed. law. 3 Russ. on Crimes, Ss 285, 287, 288; Roscoe on Cr. countermanded the policy. The company was held Ev. 86, 94; Bottomley v. United States, 1 Story, 133; estopped from denying that it had received the pre- Cook v. Moore, 11 Cush. 213. In such cases it has been mium. See, also, New York Cent. Ins. Co. v. National held that even tho admission of the accused that the Protection Ius. Co., 20 Barb. 468; Chickering y. Globe act was done with a fraudulent intent did not preclude Mut. Life Ius. Co., 116 Mass. 321; Goit v. National the prosecution from proving it. Commonwealth r. Protection Ins. C'0., 25 Barb. 189. In Bouton v. Amer- | McCarthy, 119 Mass. 351; Priest v. Groton, 103 id. 530. ican Mut. Life Ins. (0., 25 Conn. 512, it was decided In civil cases the decisions are abundant wbich bold that an agreement, made in good faith between an in- that on the question of intent to defraud by false presurance agent having authority to receive an insurance tenses, other acts or representations of a like character premium and the insured, that the agent shall become done at or about the same time with that in issue are personally responsible to his principals for the amount admissible with a view to the quo animo. Mokinuey v. of such premium, and the insured his personal debtor | Dingley, 4 Greenl. 172, is an example. There the suit therefor, constitutes a payment of the premium as be- was to avoid a sale on the ground of the false and tween the insured and the insurance company. The fraudulent conduct of the purchaser in representing same principle was aflirmed in Sheldon v. Conn. Mut. himself to be a mau of good property and credit when he was not; and it was held proper for the vendor to

THROOP'S JUSTICES' MANUAL. give evidence of similar false pretexts successfully used

The New York Justices' Manual, containing all the Laws of to other persons in the same town about the same time

the State, relating to the official tenure and duties of a to show a general scheme to amass property by fraud. Justice of the Peace, and the Proceedings in Civil Cases In Heunequin v. Naylor, 24 N. Y. 139, for the purpose before him, in force on the first of September, 1880; of proving the fraud the vendor relied in part upon the

with Explanatory Notes and an Appendix of Forms, by fact that the defendant had purchased of several per

Montgomery H. Throop, late one of the Commissioners

to revise the Statutes. Albany: John D. Parsons, Jr., sons large bills of goods, the plaintiff, among the rest,

1880. Pp. xvi, 624. just on the eve of suspension. See, also, Whittier v. Varney, 10 N. H. 291, 477; Murfey v. Brace, 23 Barb.

The enactment of the nine chapters Code bill has 561; Allison v. Matthieu, 3 Johns. 231; Olmsted v.

made an entirely new body of law appertaining to Hotailing, 1 Hill, 317; 1 Phillips' Ev. 653, 773. In justices' courts. The design of this book is to lay becriminal cases the same rule has been followed. In

fore the justice of the peace and practitioners in his Commonwealth v. Eastman, 1 Cush. 189, an indict- court every law concerning every subject in respect to ment for obtaining goods or money under false pre

which the latter may call on the former to act. The tenses, evidence of other purchasers about the time of

result of our examination is a conviction that it is the alleged offense was held admissible to prove intent. admirably planned and faithfully executed. No man This case was followed in Commonwealth v. Tucker

in the State cau be better qualified by experience man, 10 Gray, 173: Commonwealth v. Jeffries, 7 Allen,

probably none so well — than the author for this par548. See, also, Wood v. United States, 16 Pet. 342;

ticular task. There seems to be no omission, so far as Bielschofsky v. People, 3 Hun, 40; Reg. v. Roebuck, 2

we can judge, and with this manual before him the D. & B. 24; Queen v. Frances, L. R., 2 Cr. Cas. Res. justice can be satisfied that he has the whole body of 128. Sup. Ct. of Appeals, Virginia. Trogden v. Com

the law. An excellent index and 160 forms will monwealth. Opinion by Staples, J. (Appearing in 31

enable him and practitioners to find and apply these Grattan's Reports.)

laws. The work should be in the hands of every

person who has any interest in the courts of our jusNEW BOOKS AND NEW EDITIONS.

tices of the peace and the enormous mass of litigation

which is there disposed of. KERR ON INJUNCTIONS.

KENNY'S ENDOWED CHARITIES. A Treatise on the Law and Practice of Injunction. By Wil

Ti liam Williamson Kerr, A. M. Second American, from

true Principles of Legislation with regard to Property the second English edition, Edited, with notes and

given for Charitable or other Public U8c8. By Courtney references to American cases, by Wm. A. Herrick.

Stanhope Kenny, LL, M., of Lincoln's Inn, Fellow

and Law Lecturer of Downing College, Cambridge, EngBoston: Little, Brown & Co., 1880. Pp. Ixiv, 644..

land. Pp. 274. London: Reeves & Turner, Chancery CHE

Lane, 1880. lished in 1871, and contained 736 pages. The editor

The matter of tbis book was written as an essay for of the present edition has wisely omitted some matter having exclusive reference to English statutes, and has land. This is one of a class of books that we think,

the Yorke Prize of the University of Cambridge, Enginserted about one hundred pages on injunctions in and are glad to think, is becoming larger. It is not equity to restrain proceedings at law. The subject is

the result of the desire to make a book so much as of of the first importance, and has received a great deal of adjudication in modern days. The equitable power study of the author upon a subject that has attracted

a desire to express the thoughts and conclusions of of the court is a variable and elastic one, incapable of

and interested him and led him to reflection. It treats fixed and strict bounds, but dependent on times, of property given for charitable or other public uses. places, and the differing characteristics of magistrates.

It was written as a contribution to the discussion on There is no branch of the law less dry, or appealing

the question of charity reform, and from the position more to the inventive and metaphysical faculties. Mr. Kerr's work was founded on English authorities, and harm; that they should be protected and encouraged;

that endowed charities have done more good than its value for the American lawyer must in large degree

but at the same time superiutended and controlled. depend on the editor. The original work was a sound,

Of course from the situation of the author it is adjudicious and well-written one, and the citations by dressed to the British public, and deals with the questhe editor seem to be copious, but by no means ex

tion mostly as it is of practical importance in Great haustive. Perhaps it is impracticable to exhaust the

Britain. Yet it is a work of interest to us in this subject, for it trenches on many other topics of the

country, where as wealth accumulates and men delaw, which have been separately and elaborately

cease, large and still larger sums are left for public treated, as for example, copyright, nuisance, patents,

uses. Nor is it without discussion of the question as trade-marks, etc. In describing the editor's labors we

we are concerned with it, and there are in it importuse the word citations rather than annotations, as the

ant suggestions worthy of consideration by the lawyer more correct designation. With this work, and Mr.

and legislator of these states, notably as to the conHigh's, the practitioner cannot go astray, and he will

nection of the subject with the growth of ecclesiastical probably not be safe without both.

wealth and power. The essay starts with stating three

peculiarities of charitable endowments, viz., indefiWHARTON'S CRIMINAL EVIDENCE.

niteness, meritoriousness, and perpetuity, and thereIn this volume Dr. Wharton completes at once his from deduces that there is the need of supervision, grand works on Evidence and Criminal Law, both of restriction and revision, by goverumental power. It which we have so fully spoken of that detailed comment discusses the question whether those endowments on this is unnecessary. It is sufficient to say that in our should be prohibited by law, and answers it in the opinion it is quite uurivalled; uniting philosophy with negative. It points out the measures that the lawcommon sense ju treatment; couched in an exact and giver should take for restriction, supervision and refelicitous style; and so comprehensive and exhaustive vision. It claims that there should be restriction by as to embrace all important decisions, from the earliest law upon the purposes; tho nature and extent of the days of our law to the present year in its examina- subject-matter; the persons who may give and take; tions. The volume contains 334 pages, with iudepend- the time when the gift may be made and when it may ent tables of contents and cases, and index, and is take effect: the solemnities and the publicity that published by Kay & Brother, Philadelphia.

should go with it. That there should be supervision,

needed in England, in the laws relating to charities, in THE

general and periodical, individual and occasional, to 469. Mount Pleasant v. Beckwith, p. 514.- On the excounteract the principle of caducity; that there should tinction of a town and the division of its territory be revision to counteract the principle of obsolescense, among others, the latter are proportionally liable for its and that revision is neither dishonest, nor inexpedient debts. People v. Weaver, p. 539; Williams v. Weaver, nor unprecedented; that the revising power of a court is p. 517.-National bauk taxation cases. See 21 Alb. L. J. unfit and inexpedient; that there is need of special | 210. Kidd v. Johnson, p. 617.-A trade-mark is assign. boards of revision, and that obsolete charities may be able on a sale of the manufactory of the article to converted into more suitable form, and directed which it has been affixed. National Bank v. Graham, against evils more suitable for relief. It considers the p. 699.- A National bank is liable for the grossly negquestion whether the State should especially favor ligent loss of special deposits received with the acquicharitable endowments, by pecuniary assistance escence of its officers. See 21 Alb. L. J. 311. Cox v. through grants directly to them, and grants for super- National Bank, p. 704.— A bill of exchange accepted vision, and by remission of taxation upon them; by without specifying any place of payment is payable at relaxation of legal rules affecting the constitution of the address of the drawee as named in the bill. them, the acquisition of property by them, the protection of their property, and the administration of it.

NOTES. It concludes with a statement of the reforms still

THE American Law Reriew for August contains a the way of supervision, central and local, restriction

long article on Homicide in Self-defense, by Seyand revision.

mour D. Thompson. Justice Dillard of the SuFrom this synopsis of the plan of the essay and

preme Court of North Carolina may serve as an of its contents it is seen that it is both practical and

example of Democratic habits and personal independ

ence. interesting. It is well written, and seems to come

It is related that the late Judge Kerr once saw from a study of the subject and thorough acquaintance Dillard in a second-class car. "Hi!” said Kerr, "how with it. The subject is philosophically treated. The

comes it a man of your cloth is caught in a secondbook may be read with profit by all concerned in the

class car?" “Because there is no third-class," quietly care and administration of endowed charities, whether replied Judge Dillard, and asked for a match to light public or private, or in the framing or executing of

his pipe.- Exchange. Our judges are still more demolaws affecting those matters. We commend it to the cratic — they go afoot. attention of the student of social science, and suggest

It seems not unlawful to assault a ghost. We learn that the leisure of the lawyer will find interest in it.

this from a Newburyport newspaper. The facts in the

case appear to be as follows: One morning a company 100 UNITED STATES REPORTS.

of young men thought it would be a good joke to This volume, containing decisions of the October throw a stone into the chamber window of one of the term, 1879, is perhaps the most important ever issued

citizens of the town of West Newbury. A member of in this country. Tho following is a summary of tho

the family, however, overheard the young fellows plotcases of general interest: Railroad Co. v. Fraloj, p.

ting mischief, and hurrying home informed the old 24.- Concerning passengers' baggage ; the Russian gentleman of the plan, and he, quickly donning a porlady's lace case, where a recovery of $10,000 was sus

tion of his under-garments only, hastened to put him. tained, three judges dissenting. See 20 Alb. L. J. 409.

self in ambush. When the young rioters came along Cowell v. Springs Co., p. 55.- A coudition in a deed

he sprang out, and all ran but one, who stood up and avoiding it if intoxicating liquors are retailed as a

knocked the old gentleman down twice. Whereupon beverage on the premises is valid. See 20 Alb. L. J.

a warrant for assault was issued, and when brought 487 Holden v. Trust Co., p. 72.--- After maturity of a

into court the defendant pleaded that “he thought it contract for payment of money, interest follows the

was a ghost, and he wasn't going to run from it." statutory and not the conventional rate. Trade-Mark Accordingly his honor discharged him. Cases, p. 82.- - Holding the Federal trade-mark regis

We have recently seen what the Kansas courts think tration law unconstitutional. See 20 Alb. L. J. 447.

of the restlessness of the small boy. Now, in State v. Dow v. Johnson, p. 158.-- Jurisdiction of State courts

Prizer, 49 Iowa, 531, we find what the lowa courts as to official acts of Federal military officers. See 21

think of a certain idiosyncracy of lovely woman. The Alb. L. J. 188. Savings Bunk v. Ward, p. 195.-Liability

court there said: “The reputation of a man or woman of attorney to vendee upon certificate of title to vendor. See 21 Alb. L. J. 206. Hough v. Railway Co., p. 213.- individual. The good and pure are often traduced by

does not always accord with the true character of the Servant not liable for contributory negligence in work- bad men and women, and suffer in reputation by reing with defective machinery which master has prom- ports invented and circulated through motives having ised to repair. See 21 Alb. L. J. 129. Oates v. National | their origin in enmity, malevolence and hate. The Bank, p. 239. — Note transferred as collateral security reputation of women for chastity is especially exposed for antecedent debt, in consideration of extension of

to such assaults. A scandal having its origin in falsetime of payment, held for value. Tennessee v. Davis,

hood or imagination has no limit to its circulation, p. 257.- Jurisdiction of Federal courts over criminal

and the unfortunate subject of the slander will usually acts by Federal revenue collectors. See 21 Alb. L. J.

hear no voice from her own sex lifted up in her defense. 271. Strauder v. West Virginia, p. 303; Virginia v. A direct and confidently asserted charge of impurity Rives, p. 313; Ex parte Virginia, 339; the colored ju- is usually accepted by womankind as evidence of want rors' cases. See 21 Alb. L. J. 309, 332, 329. Ex parte Sei- of virtue, and often the poor suffering victim of slander bold, p. 372; Ex parte Clarke, p. 399.— The Federal

is driven from society by the good and pure of her own marshals' election cases. See 21 Alb. L. J. 247, 256.

sex without evidence of her guilt. This sad truth is Packet Co. v. St. Louis, p. 423; Vicksburg v. Tobin, p. familiar to all. It is strange, indeed, that the heart of 430. --- A municipal corporation may rent wharves on woman, so tender toward the afflicted, so full of charity, public waters. Guy v. Baltimore, p. 434. — Discrimina- so forgiving, and always prompting to deeds of kiud. tion in city wharfage against products of other States. ness, should be closed to the victiins of slander among See 21 Alb. L. J. 371. Removal Cases, p. 457.-Hauenstein

her own sex. It may be tbat the inexorable laws of v. Lynham, p. 483.–The case of Swiss alienage. Kirtland

society, which banish the slandered woman, tend to v. Hotchkiss, p. 491. – A State may tax residents for powerful motives for its practice, while they ofteu in

protect and preserve virtue by presenting the most debts due by non-residents evidenced by bonds secured flict the most cruel injustice. The law, however, can upon real estate in another State. See 20 Alb. L. J. recognize no such rules."

The Albany Law Journal.

IN o

States during the civil war, her eyes will be likely to be opened. Public opinion has been highly favor

able to the institute, and many governments have ALBANY, AUGUST 21, 1880.

paid it marked attention. At the meeting in Brussels last September it was unanimously agreed to

prepare a manual of the international laws of war CURRENT TOPICS.

for the use of the armies, and submit the same to N anticipation of the meeting of the Institute of

the several governments. The articles of war given

to the troops in many countries were mostly devised September, one of its leading members, Prof. Blunt

many years ago, and are partly antiquated. The schli, of the Heidelberg University, gives in the

work has been done, and the book is said to be Berlin Gegenwart an account of what has been ac

clear, brief and pointed, and easy of comprehension complished by the institute since its formation in by a simple corporal or private. The work will be September, 1873. At the meeting for organization,

submitted to the institute, at its meeting in Oxford, held in Ghent in Flemish Belgium seven years ago,

and after it has been agreed upon, it will be recomit was asked: Will it be possible to unite in a com

mended to the governments for the use of their pact society and in mutual labors the most eminent

armies. In this way it is expected that the institute representatives of the science of international law

will, before the end of the year, make its first apfrom all civilized countries ? If that succeeds, will proach to the governments. the members continue to make the needful sacrifices of time, energy and money for the common cause ? The third annual meeting of the American Bar AsWill the academy be able to come to an understand-sociation was held at Saratoga Springs on Wednesday, ing on the vexed questions and problems of interna- Thursday, and Friday, August 18, 19 and 20, 1880. tional law, or will the contrast of nations and schools We go to press too early for a report in this number. increase and sharpen the uncertainty and contradic- The programme announced was as follows: On Wedtions of opinions ? What will be the attitude of nesday the address of the president, Benjamin H. public opinion and of the governments to the acad- Bristow, Esq., of New York, was to be delivered at emy? To what extent will it gain moral and intel- the opening session. This was to be followed by the lectual authority ? These questions, writes Prof. nominations and elections of members, election of the Bluntschli, can now, after seven years' existence and general council, reports of the secretary and treasactivity, for the most part, be answered with cer- urer, and report of the executive committee. Papers tainty. The experiment has been successful. The were to be read by IIenry E. Young, Esq., of Charlesnumber of regular members was limited to fifty at ton, South Carolina, on Sunday Laws;" by George the beginning, and the membership now comprises Tucker Bispham, Esq., of Philadelphia, on “Rights the majority of the most eminent authors of works of Material Men and Employees of Railroad Comon international law. The labors of the members panies as against Mortgagees;” and by Henry D. of the institute are shown in the contents of the Hyde, Esq., of Boston, on “Extradition between the Revue de Droit International and in the annual of States.” On Thursday the session was to be opened the institute, the third volume of which has recently by the annual address by Cortlandt Parker. After been published. The yearly meetings in Ghent, this was to follow the consideration of the resolutions Geneva, the Hague, Zurich, Paris and Brussels have recommended by the committee on Legal Education been largely attended by the members, although and Admission to the Bar, viz. : Resolved, That the many have been compelled to make long and expens- several State and local bar associations in the United ive journeys for the purpose. The fear that the States be respectfully requested to recommend and great diversity of nationality and opinions would further the enactment of laws for assimilating lead to endless confusion was soon shown to be en- throughout the Union on principles of comity, the tirely groundless. An agreement was soon reached standing of members of the bar already admitted upon nearly all questions of international law which to practice in their own States, by admitting to were considered. The conflict of opinions has equal rights and privileges as practitioners of law in mostly been over subordinate matter. It is remark- the courts of all the other States those who have able that the only great question upon which an practiced for three years in the highest court of the agreement has not been reached is that of the State of which they are citizens. Resolved, That exemption of private property at sea from seizure in the several State and other local bar associations be time of war. The representatives of England cling respectfully requested to recommend and further in tenaciously to the right of seizure, and, in answer their respective States the maintenance by public to the arguments of the American and Continental- authority of schools of law, provided with faculties European representatives that private property of at least four well paid and efficient teachers, should be respected at sea as well as on land, they whose diploma shall, upon being unanimously maintain that the contributions and requisitions granted, after a full and fair written examination, which armies demand in hostile countries, are in be essential as a qualification for practicing law. reality confiscations. But some time, when Eng- Resolved, That the said State and other local bar asland's commerce is subject to depredations like sociations be respectfully requested to recommend those suffered by the merchant marine of the United and further in such law schools a general course of

VOL. 22.- No. 8.

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instruction, to be duly divided, for ordinary pur- because it is larger than the English, will work misposes, into studies and exercises of the first year, of chief with the public interests. The all-sufficient the second year, and of the third year, including, at refutation of that idea is the evident fact that our least, the following studies: I. Moral and Political superior judges are all greatly overworked. Philosophy. II. The Elementary and Constitutional Principles of the Municipal Law of England; and

We have received “The Special and Local Laws herein: 1st, of the Feudal Law; 2d, The Institutes | Affecting Public Interests in the City of New York, of the Municipal Law generally; 30, The origin and in force on January 1, 1880, compiled by George progress of the Common Law. III. The Law of Bliss, Peter B. Olney, and William C. Whitney, Real Rights and Real Remedies. IV. The Law of corporation counsel, commissioners under chapter Personal Rights and Personal Remedies. V. The

536 of the laws of 1879," forming two volumes of Law of Equity. VI. The Lex Mercatoria. VII.

2,200 pages, in the aggregate. The Legislature at The Law of Crimes and their Punishments. VIII.

the last session passed an act repealing the laws and The Law of Nations. IX. The Admiralty and portions of laws contained in the second table preMaritime Law. X. The Civil or Roman Law. XI. ceding this compilation, entitled “Repealed and The Constitution and Laws of the United States of Superseded Laws;” but the bill was not signed by America, and herein of the jurisdiction and prac- the Governor. The Legislature also passed an act, tice of the Courts of the United States. XII. Com- which the Governor approved, as follows: "SECparative Jurisprudence, and the Constitution and

TION 1. The volumes entitled “The Special and LoLaws of the several States of the Union. XIII.

cal Laws Affecting Public Interests in the City of Political Economy. Resolved, That the said State New York,' and printed by order of the Legislature and other local bar associations be respectfully re

of 1880, may be read in evidence and cited in any quested to recommend and further in such law

court or proceeding. Said volumes shall be considschools the requirement of attendance on at leastered as containing presumptively all special or local the studies and exercises appointed for said course laws affecting public interests in force in the city of of three years, as a qualification for examination to

New York, on the 1st day of January, 1880, but be admitted to the bar. On Thursday evening, re

this presumption shall not be considered as extendports of the standing committees, reports of special | ing to special laws relating to any corporation committees, and nominations and election of officers. (other than the mayor, aldermen and commonalty), On Friday morning, miscellaneous business.

or to any association or society, nor shall the inser

tion or omission of any law relating to any such corIn another column we give the result of the con

poration be construed as in any manner affecting the vention called to devise measures to relieve our over

corporate existence of any such corporation or its burdened courts. This problem is the most im- possession of its franchises.” What effect the reportant matter of general interest now agitating our

fusal of the Governor to approve the repealing act profession except the scheme of general codification. will have on the matter we cannot conjecture. The One thing must be borne in mind, namely, that we

work is vastly important, and has been executed have a vast amount of necessary law business; and

with commendable promptness. From the excelkeeping this in mind, the question is, how to do it, lent abilities of the commissioners it is presumable and not, how not to do it. Recently we saw some

that it has been thoroughly and accurately done. comments on the comparative number of superior judges in this State and in England about 160 in We have recently seen in one of our exchanges a this State, and some 34 in England. This is illu-communication advocating the fuller reporting of sive reasoning, for there is a large number of county the arguments of counsel and the fuller statement of commissioners and other magistrates in England, facts and pleadings. This would indeed be a step who do a great amount of civil as well as criminal backward. That which renders some of our law rebusiness. It must be remembered that our county ports abominable and costs lawyers a great deal of judges do very little civil business, But the vital

unnecessary outlay is this very padding. Law reports secret after all is that the amount of litigation in are designed to tell the profession what the courts this State of five millions of inhabitants is much have decided and their reasons for their decisions. greater than in England with its thirty millions. They are not designed to instruct lawyers how to This may seem a startling statement, but we have plead or argue. Any thing more than a synopsis of no doubt we can verify it. The calendars in Eng- the arguments, and a bare statement of what the land are amusingly small in comparison with ours, pleadings were, is an imposition on the profession. and yet the English judges are as badly in the lurch Why should we be compelled to pay for page on as our own, and the English law journals are full of page of tedious common-law plec.dings and page on complaints about it. It is our firm conviction that page of evidence ? As to the statement of facts, if we must have a double Court of Appeals bench; the court has made it, that is usually enough. If it must make our county judges do circuit business; is not complete, supplement it sufficiently, but do must somewhat increase our present circuit judicial not make it all over again. To read the facts in force; and must remodel our General Term system, the head note, then in the reporter's statement, and adopting something like the old. But the impres- finally in the opinion of the court, is “damnable sion that we have a sufficiently large judicial force, 1 iteration,” and as senseless as the reading of a hymn


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