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fastened to the dock; that the other lay outside and

and at the time the fire took place, a strong wind was abreast of the first, and made fast to it, and had only blowing from the switch house toward plaintiff's one line fast to the dock, which, it was testified, was

building, and the fire began in a point near by the insufficient under the circumstances, and there was no

pipe. Held, sufficient to submit to the jury the question watch kept on the tugs; that the accident took place whether the fire was caused by sparks from the store. in the night, and was caused by the breaking away of

Judgment below affirmed. Briggs v. New York Cerithe tugs from the wbarf. Held, that there was evi- tral, etc., R. R. Co., appellant. Opinion by Rapallo, J. dence sufficient to support a finding by the jury that 2. What constitutes negligence.-The pipe led from the the accident was caused by defendant's negligence.

top of stove in the switch house perpendicularly withJudgment below affirmed. Carpenter' v. Eastern Trans- out elbow or crook to the outer air. It was only about portation Line, appellant. Opinion by Rapallo, J.

eight feet long and without any spark arrester. Held, 2. Evidence: expert witness testifying to fucis.- An

that it was proper to submit to the jury whether it was expert witness was asked tbis question, “Did Mr. Car

not negligent to use a store thus constructed with penter, in your opinion as a canal boatman, in any

wood as a fuel. Ib. way omit or neglect to do any thing which he might [Decided January 15, 1878.] have done to save his boat?Held, improper. An

STATUTORY CONSTRUCTION. expert may be asked whether certain acts which are Laws 1855, chap. 6: adjoining owners: damage done proren are seamanlike and proper under a given state of to buildings bg adjoining excavations. The provision of circumstances, but he can not be allowed to express an

Laws 1855, chap. 6, designed to protect the owners of opinion as to what was or was not done as matter of

buildings in New York and Brooklyn against damages fact. Ib.

from excavations of adjoining premises, that parties 3. Collection of insurance money no defense to action intending to carry excavations to the depth of more for loss by négligence. - The court below refused to

than ten feet below the curb shall shore up and proallow defendant to show that the plaintiff was insured

tect adjoining walls “if afforded the necessary license and bad receired the amount of his loss from the in

to enter the adjoining laud, and not otherwise,” does surance company. Aeli, proper. Ib.

not require that the owner of the adjoining laud shall [Decided January 15, 1878.]

tender to the person making the excavation a license to

enter his land, but that the person shall apply for such DEFENSE.

license before making the excavatious. Order below Motives of bringing foreclosure suit: when not.

reversed. Dorritj, appellant, v. Rapp. Opinion by Where, in an action to foreclose mortgage, it was Andrews, J., Allen, Rapallo and Earl, JJ.,concurred; claimed that the owner of the mortgage bought it from Church, C. J., Folger and Miller, JJ., dissented. motives of malice toward defendant, and solely [Decided January 29, 1878. Reported below, 11 Hun, with a view to sue upon it, and that the former owner

374.] of the mortgage, from like motives, transferred the mortgage without consideration. Held, not to consti

NEW BOOKS AND NEW EDITIONS. tute an equitable defense to the action. Order below affirmed. Morris v. Tuthill, appellant.

BARBOUR'S REPORTS, VOLUME 67. Curiam.

Reports of cases in Law and Equity in the Supreme Court [Decided February 19, 1878.]

of the State of New York. By Oliver L, Barbour, LL.D.

Vol. LXVII. To which are added a table of cases reFRAUD.

ported in the 67 volumes of the series, which have been

affirmed, reversed, approved, overruled, etc. Albany : In obtaining assessment of damages by referee : eri- W.C. Little & Co., 1878. dence of. – An assessment of damages for keeping a MIOSE who possess the sixty-six volumes of the party out of the use of premises by means of an in- series to which the book before us belongs, and juuction which was not sustained, was made by a they are many, will of course want this volume to referee in proceedings of which the sureties of the complete their set. Of the manner in which the reporter party procuring the injunction had no notice, and has done his work we need say no more than that the at which the principal did not attend, held, not re- present volume detracts nothing from the reputation viewable in an action on the uudertaking simply on achieved by Mr. Barbour in the course of his long and the ground that it was ex parte and that the damages successful career in connection with legal publications. were fixed too high. But it would be open to attack The cases contained in the present volume extend over on the ground of fraud; and the circumstance that the a period of seventeen years, embracing those derental value of the premises was fixed at $4,000 per cided in February, 1860, and in intervening years up annum in the assessment, when it was in fact worth to July, 1877. Among the cases of interest appearing only $500, would, in connection with the fact that the

we will mention these: Nolan v. Bunk of New York adverse party was absent, be sufficient evidence of Nat. Banking Assoc., p. 24: A check on a bank drawn fraud to invalidate the assessment. Judgment below

January 21, 1865, and certified, held not deemed disreversed. Jordan v. Volkenning, appellant. Opinion honored in June, 1865, in the hands.of a bona fide by Rapallo, J.

holder for value so as to discharge the bauk. Camp[Decided January 29, 1878.)

bell v. Page, p. 113: One letting a horse for hire is NEGLIGENCE.

bound to inform the hirer of its vicious qualities, Setting fire to neighboring building by sparks from otherwise he will be liable for damages resulting to the store : evidence in.-In an action for setting fire to hirer from such qualities. Patrick v. Excelsior Life plaintiff's building by a negligent use of a stove in a Insurance Co., p. 202: Suicide, though it has been switch house belonging to defendant, it was shown called a felony, will not avoid a life insurance policy that a pipe from the stove came within fifteen feet of under a condition that the policy be void if the assured plaintiff's wooden building, that wood was burned in die "in the known violation of the law of the State." tie stove, and that on the day of the fire, and before, People ex rel. Bixby, p. 221: A room in a house of large sparks had been seeu to come out of the pipe, prostitution not open to the general public, but only

Order per

THOSE

TATAUTADQEX COUNTY,}

88.

to those permitted, and paying money to enter, held a

CORRESPONDENCE. ** public place" under the provisions of the statute forbidding indecent exposure of the person in a public

ADJOURNMENTS OUT OF COURT. place. United States v. Graff, p. 304: The United States may sue in the State courts for duties due on To the Editor of the Albany Law Journal : imported articles. Johnson v. Utica Water Works Co., SIR-At the last term of the Circuit Court, Oyer and p. 415: A water-works company had power under its Terminer, and Special Term of the Supreme Court of charter to take real estate for the purpose of supplying Chautauqua county, several interesting questions were water to a city; held, that it was not limited to a single raised relative to the power of a judge out of court to proceeding or acquisition of real estate, but might adjourn a term thereof, under section 36 of the Code. take successive proceedings. Monell v. North. Cent. R. It appears that Judge Barker, the judge designated to R. Co.: Where one of several connecting lines of hold the term, by reason of illness, was unable to atcarriers contracts with a shipper to transport goods to tend at the time and place fixed for holding the court. a place of destination, service in transportation per- On the morning of the first day of court Judge Barformed by the connecting lines is presumed to be per- ker made an order, of which the following is a copy : formed by them as agents of the contracting carrier.

STATE OF NEW YORK,
The table of cases in the various volumes of Barbour's
Supreme Court Reports, affirmed, reversed, approved,

I, George Barker, one of the justices of the Supreme

Court appointed to hold a Circuit Court, Special Term, overruled, etc., will prove very valuable to those who

and Oyer and Terminer, in and for the county of have occasion to consult these volumes. The volume Chautauqua, on the 7th day of January, 1878, being is finely printed and bound.

unable to attend and hold the said court on account of

illness, do hereby order and direct that the said courts Homaxs' BANKERS' ALMANAC FOR 1878. be and the same are adjourned over to Monday next, The Bankers' Almanac and Register for 1878. Twenty-seventh

the 14th inst., at 10 A. M. annual volume, containing full and carefully corrected

This order to be entered in the minutes of the court. lists of the National banks, State banks and private Witness my haud this 7th day of January, 1878. bankers of the United States, etc., the Savings banks,

GEORGE BARKER. Trust companies and Safe deposit

companies, etc., the To the Sheriff of Chautauqua county, the Clerk of Chaubanks and bankers of Canada, Europe, Asia, Africa,

tauqua county. South America, West Indies, etc., a summary of the Statute of Limitations, Interest laws and the laws of This order was delivered to the sheriff, who, on the grace on sight bills in each of the States, etc. With

morning of the first day of court, attended at the courtCalendar of important events, etc. Edited by Benjamin Homans. Copyright 1878 by J.S. Homans, publisher, New house in Mayville and adjourned the court in pursuYork. Published at the office of the Bankers' Magazine.

ance thereof. On the 14th day of January, Judge This annual has become an almost indispensable part Barker, being still unable to hold the court, made anof the library of every bank and banker, as it con- other order, of which the following is a copy: tains a summary of matters that are gathered in

STATE OF NEW YORK, no other shape. The information given, every fact of which is liable to be of essential importance to those

I, George Barker, one of the justices of the Supreme

Court appointed to hold a Circuit Court, Special Term, doing financial business, can be depended upon as

and a Court of Oyer and Terminer, in the village of reliable. The summary of the Statutes of limitation, Mayville, in and for the county of Chautauqua, on the the interest laws, and laws of grace on sight bills in 14th day of January, 1878, being unable to attend and

hold the same on account of illness, do hereby adjourn the States and Territories is the best brief statement

the same to the 16th day of January, 1878, 10 A. M. of law upon those subjects that we have met with.

This order to be entered in the minutes of the court The volume is well indexed and is in every respect by the clerk. equal to the preceding numbers of the series, which

Dated January 14th, 1878.

GEORGE BARKER. are familiar to all business men.

To the Sheriff of Chautauqua county, the Clerk of Charta

tauqua county. LAW OF LIMITED PARTNERSHIPS.

By virtue of this order the sheriff attended at the The Lair of Limited Partnerships and Compromises by Joint

Debtors in the State of New York, with an Appendix of court-house on the morniug of the 14th of January, Forms. New York. Wright & Schondelmeier, 1878.

and further adjourned the court to the 16th day of This brochure is made up of chapter XVII of January, 1878, at 10 A. M. On the second adjourned Crary's Law and Practice in Special Proceedings day Judge Haight, of the Supreme Court, attended, with forms. In form it is convenient, in cost small, and opened a Circuit Court, Special Term, and Oyer and in all respects it is desirable, we should suppose, to and Terminer. The legality of the two adjouruments those interested in the subjects of which it treats. are raised during the court, upon several motions, and

Judge Haight held the adjouruments were regular COURT OF APPEALS DECISIONS.

and valid. THE HE following decisions were handed down Friday, These two adjournments were made under section February 22, 1878:

36 of the Code, which is new. There was no adjournMotion for reargument denied with $10 costs – Coe ment had pursuant to the provisions of section 35, for t. Cassiday; Dorrity v. Rapp.- Judgment afirmed that provides only for an adjournment by the sheriff with costs - Bruce v. Carter; Davis v. Van Buren; or clerk to nine o'clock of the next day, in case the Vilas v. New York Central Insurance Company; Ma- judge authorized to hold the term does not come the son v.

Decker; Driggs v. Bliss.- Judgment reversed first day; and if the judge does not attend by four and judgment for defendant dismissing complaint o'clock of the second day, then the sheriff or clerk with costs – Hagadorn v. Raux. Orders handed must adjourn the court without day. The 36th section down - Ordered that the court take a recess until contemplates an adjournment to some future day cerMonday, the 18th day of March, 1878. No argument tain, by the sheriff or clerk, if before four o'clock of will hereafter be heard unless the printed cases are the second day the sheriéf or clerk receives from a properly indexed. The names of counsel arguing case judge authorized to hold the term, a written direction must appear on the brief.

to so adjourn, instead of adjourning it as prescribed

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in section 35, that is, without day. Prior to the new seems that if there was any authority vested in any Code there was no authority in a judge out of court to

one to adjourn the Oyer and Terminer, it was vested

in the county judge and justices of the Sessions by adjourn, or direct an adjournment of the court. The

virtue of section 34 of the Code, for it is there provided clerk or sheriff was the only person authorized to all. that any judge of the court may adjourn a term therejourn, and now a judge out of court can, under the of in the absence of a sufficient number of judges to circumstances provided for by the Code, direct an

hold the term. From these provisions of the Code,

and authorities cited, it would seem that the (yer and adjournment. There is no provision for a second or Terminer must have failed on the first day of the term further ad journment upon the written direction of the by reason of an unauthorized adjournment, and that judge.

the second aljournment of the Circuit or Oyer The power to adjourn the court is a statutory au

and Terminer was clearly without authority of law. JAMESTOWN, N. Y., February 18, 1878.

H. thority, and the policy of the law is to restrict this power within the limits of the statute, and thereby inspire confidence in the administration of justice. It is the

“THE WAY OUT' FOR SURETIES. right of every citizen to know the times and places for

To the Editor of the Albany Law Journal: holding courts, where his liberty or property may, be

SIR-As one emerges from the cars at the terminus put in jeopardy. People v. Northrup, 37 N. Y. 206. It in London of many of the railways, he sees over the was one of the causes of complaints of the Colonists door of exit, in immense letters, the words, “The

way out." The expression recurred to me when I in the early history of this country, that the Crown

read the case of Risley v. Broun, 07 N. Y. 160. appointed the courts at unseasonable times and incon- To all inquiring sureties the remedy for their infelicivenient places, greatly to the injury of the parties who tous condition is there prescribed, and if they will had matters pending before the court. To avoid this,

only read and heed they will there find the way out of

their contract. It has occurred to me that a fair beadthe legislature has determined that all the judges of

note to that case might be paraphrased from Goldthe district shall unite in appointing the times and sunith: places of holding the various terms of court, and When once a “surety” feels his folly, require that the appointments thus made shall be pub

And plaintiff's sue to hasten pay,

What charm cau ease his melancholy, lished in the State paper for three weeks before any

How can he move the court for "stay?" court shall be held in pursuance of them. Section 44

If he's too good for “nulla bonu," provides for all cases and proceedings in cases of fail

And can't from jurisdiction fly, ure to adjourn, so that such failure can work no real His heirs get causa mortis dona, injury to any; there is, therefore, no necessity for a

And he "relief” if he will die. forced construction of the Code. In case a term of

ROCHESTER, February 23, 1878.

F. A. W. court should fail, and public interest require it, the governor is authorized by section 234 to appoint

NOTES. extraordinary terms of the Supreme Court, and he is THE February number of the Law Magazine and also to give notice of the appointment as in his judg- Reviero contains an unusual number of valuable ment the public interest requires. Section 237 pro

articles. Sir Travers Twiss contributes what purports

to be a review of the work of Albericus Gentilis on the vides that the governor may designate a justice of

Right of War, but which is in reality a very entertainithe Supreme Court to preside at the term of Oyer and ing history of the life of Gentilis. Charles Clark folTerminer or Circuit Court in case there is danger of

lows with a critical discussion of the subject of the term failing.

General Average. The third article, upon the l'uriosities

of English law by Robert Collier, deals with the subThe Oyer and Terminer was adjourned the same as

ject of Csurious Contracts with expectant heirs. the Circuit. It has been decided that a Circuit judge • The Laws of War and the Institute of International in court could not adjourn the Oyer and Terminer,

Law" is a reproduction, with brief editorial comment, and such is the law now. In the case of The People v.

of a paper on that subject issued by the Institute

named. "The Block in the Common Law Divisions," Brodwell, 2 Cowen, 415, it was held that a court of by J. V. Vesey Fitzgerald, is of local interest only. Oyer and Terminer cannot be adjourned by a Circuit

" Law and Custom Among the Southern Slavs" is a

very interesting and instructive description of the judge, or otherwise, by reason that a number of the

laws and customs of a people about whom we know county judges sufficient to make a quorum are not but little. The closing article by G. Broke Freeman, present at the day appointed for holding it. To hold on the "Evidence of Experts,” treats the subject in a that a judge out of court has greater authority to ad

careful and learned manner. The Digest of Select

Cases is well selected, and the Book Reviews are, as journ the term he is appointed to hold, than he would usual, written with discrimination and fairness. have if sitting in term, would be in conflict with the general priuciples of law; yet such must be the con

A correspoudent of the Nation suggests a method in struction if it is held that an Oyer and Terminer may

which the debts of defaulting States may be collected. In

referring to the unpaid bonds of Tennessee, he says: be adjourned upon the written direction of a judge “New York can sue Temessee in the Supreme out of court.

Court of the Cuited States. Let her take the TennesBy the Constitution and the statutes, the Court of

see bonds of her citizeus, giving her own in exchange Oyer and Terminer was organized an independent being upon such terms that she cannot in any event

for them, having a longer time to run, the transaction court, not continuiug as other courts with succeeding lose thereby. Perhaps it would answer for her merely terms. People v. Appo, 18 How. 350. It camot by

to undertake to collect the Tennessee bonds for a implication be embraced in the Circuit, although held

commission. An agent to whom commercial paper is

transferred for purposes of collection may sue thereon at the same time, for they are distinct in organization, in his own name. But some arrangement by which and in jurisdiction, and are so recognized by the Con

New York should sue on the bonds in her own name stitution. On the first day of the term of the court,

could easily be made. There would then be no diili

culty in New York's obtaining a judgment in the there was in attendance, at the court-house in May- Supreme ('ourt of the United States against Tennesville, the county judge and two justices of Sessions, see. who were authorized to sit in the Court of Oyer and

There would be some trouble about enforcing collecTerminer, and they constituted a majority of the court,

tion of the judgment, but mandamus to the legislature

of the State is suggestel. In case that should prove although not authorized to organize or hold it. It | insuflicient, Congress might provide a remedy.

THE PUBLISHERS of the LAW JOURNAL issue with this number a sixteen-page Supplement containing the General Laws of the State and the laws relating to the City of New York, thus far passed. Subscribers to the LAW JOURNAL desiring to receive this and the subsequent Supplements should remit one dollar. To persons not subscribers to the LAW JOURNAL the Supplements will be sent on receipt of $2.50.

in civil cases, and the other amending the Code of Civil Procedure now in operation. The fee bill is one urgently needed, and one likely to excite unusual interest, as it comes home to the business and bosoms” of a very large number of “ fellow citizens.” Among other changes the fees of referees are increased to six dollars a day. The sum named should have been ten dollars, as any one fit to hear a reference deserves at least that sum, and then no higher amount should have been allowed by consent of parties or otherwise, save on an order of the court. The amendment act makes changes in some sixty sections of the Code which experience has shown to be desirable.

The Albany
Albany Law

Law Journal.

ALBANY, MARCH 9, 1878.

CURRENT TOPICS.

In the supplement of laws issued with this num

ber of the Law JOURNAL, is an act which makes it a THE Civil Procedure have passed both houses of horse or other animal having the disease known as

any the legislature by a majority so large as to render it of little moment whether the Governor gives them his infectious disease, by such person known to be dan

glanders, or farcy, or any other contagious or approval or not. The vote in the Senate was 17 to

gerous human life, or which shall be diseased past 4, and in the Assembly 78 to 21. These chapters are to go into operation July 1st. An obstruction recovery.” The act further provides as follows: ist in the Senate undertook to delay or defeat the

$ 2. Every animal having glanders, or farcy, shall

at once be deprived of life by the owner or person passage of the bill by insisting that the chapters having charge thereof, upon discovery or knowlbe read section by section, and this being refused, edge of its condition; and any such owner or perhe and his friends now insist that the bill son omitting or refusing to comply with the proviswas not passed in accordance with the re

ions of this section shall be guilty of a misdemeanor. quirements of the Constitution. It is not at all Of the constitutionality of this second section unlikely that some adventurer with a hopeless case we doubt. So long as a person keeps animals afwill not long hence endeavor to topple over this fected with contagious diseases upon his own prembulky structure of the Commissioners, on the ises he is guilty of no invasion of the rights of ground that the Senate would not read it. In this others (Fisher v. Clark, 41 Barb. 329); nor can he connection we must again call the attention of the be deprived of them " without due process of members of the legislature to the necessity of mak-law.” He is, of course, bound at his peril to keep ing provision for continuing the revision of the them from harming others, and if he takes them statutes. The work is too far advanced -- has al- | into a public place, then the police power of the ready cost too much, is too much needed, to be allowed government may punish him for his disregard of now to fail. The Civil Code, which embraces the the public weal. Mills v. The N. Y. & Harlem R. R. great body of substantive civil law, is ready for Co., 2 Rob. 236; Barnum v. Van Dusen, 16 Conn. submission to the profession and the legislature. 200; Eaton v. Winne, 20 Mich. 156; S. C., 4 Am. Mr. Emott, also, has nearly completed the Criminal Rep. 377; Mullett v. Mason, L. R., 1 C. P. 559; Code, which includes the law relating to crimes and Fultz v. Wycoff, 25 Ind. 321. At best it is a their punishments, and, we are happy to say, has so very curious piece of legislation. It threatens nearly followed the Penal Code of 1865 as to insure with severe punishment the omission to do an a creditable performance. Now let the legislature act which is required to be done in a contingency continue the Commission with some instructions about which there is liable to be differences of opinas to the completion of the work until at least these ion. two Codes are completed. There certainly ought to be enough continuity of purpose in the legislature Among the bills introduced in the legislature of this State to finish a work so far advanced.

during the past week, not elsewhere noticed, are these: Requiring attorneys and counselors entitled

to practice in the courts of the State to register The Revision Commission has submitted to the with the clerk of the Court of Appeals a copy of legislature, during the week, two acts: one relating their certificate of admission, or, if admitted beto the fees, salaries and other compensation of offi-fore 1867, an affidavit of the fact; providing that cers connected with the administration of justice attorneys shall be ex-officio notaries public; provid

VOL. 17. - No. 10.

ing that the verdict of nine jurors shall be sufficient What is known as the Emma Mine suit, which in civil cases; permitting a person having husband, has been pending before the United States Cirwife, child or parent to devise or bequeath to a be- cuit Court for a year or more, was disposed of nevolent or other society only one-fourth of his by Judge Wallace on the 2d inst., a motion for a estate, after paying debts, and requiring such de- new trial, made by the plaintiffs, having been devise, to be valid, to be made more than two months nied. This suit, which was an attempt to revive, on before death; and repealing laws exempting from this side of the water, a litigation that had been taxation the property of churches and clergymen. somewhat fruitlessly conducted in the English

courts, was brought to recover $5,000,000, which it

was claimed that the plaintiff, a corporation, had The bills relating to attorneys, above mentioned, falsely and fraudulently represented to be of great

lost through the sale to it by defendants of a mine, we are sure will meet the approval of the profes-value. The jury, as will be remembered, rendered a sion. An authentic list of attorneys entitled to

verdict for the defendants. The court, in a lengthy practice in the courts of the State is very much opinion, holds that there were no mistakes made in needed, and the method provided will undoubtedly relation to the admission and exclusion of evidence, secure it. When the requirements for admission to and that upon the evidence a case was not presented the bar were so easy that any one of ordinary intel

for a new trial. The complaint alleged that the ligence could enter with but a brief preparation, defendants sold the mine to plaintiff by means of there was, perhaps, little temptation to surrepti- fraud and deceit, and in consummation of an tiously assume the title of attorney, but as the bar- original fraudulent scheme. The inquiry related to riers have become more difficult to overcome, there the state of mind of the defendants, and while the are many who do not hesitate to hold themselves out

evidence disclosed many circumstances connected to be what they are not There is at present no

with the sale which strongly impeached the honor easily available means of determining whether a

and morality of the transaction, these were to be person claiming to be an attorney has been actually eliminated from the case except so far as they bore admitted, a difficulty which the proposed registra

on the question of fraud; and the court could not tion will remedy. The proposal to constitute all

say that they so established the fraud charged as to attorneys notaries public is a proper one, and has

warrant a disturbance of the verdict. been brought before previous legislatures. A jealousy of the profession or some other cause has heretofore operated to defeat the measure, but we The well-known Bradlaugh-Besant case has been have hopes of better success this time.

reversed on appeal by the English Court of Appeals. It will be remembered that the defendants were tried

by the Court of Queen's Bench upon an indictment The difficulties which are liable to result from charging them with unlawfully publishing an obthe decision in the Franconia case have led to the scene book called “Fruits of Philosophy.” The introduction into the English Parliament of a bill defendants, at the trial, moved to quash the indictwherein the authority of the government and the ment on the ground of its insufficiency, because the jurisdiction of the courts of the Kingdom are declared book, or any passage thereof, was not set forth in to extend three miles from its shores. It has, until the the indictment. The court overruled the motion, discussion raised by that case, been generally believed citing as authority the American cases, Commonthat the jurisdiction of every independent State wealth v. Holmes, 17 Mass. 336; and Commonwealth embraced the extent of sea mentioned, and the doc- v. Sharpless, 2 Serg. & Rawle, 91. In the former trine that the courts were without jurisdiction over case, Parker, C. J., said: “It can never be required acts done by foreigners within that belt was adopted that an obscene book should be displayed upon the by a divided court, six judges dissenting from the records of a court, for this would be to require that view of the majority, who numbered seven.

And the public itself should give permanency to indeeven one of the majority, Mr. Justice Lush, is re- cency." This reason seems to have influenced Chief ported to have said that if Parliament had on any Justice Cockburn in giving judgment against the occasion declared the waters within the three miles' defendants, though the reasons set forth by him limit to be part of the United Kingdom, he would were that setting out the whole book would be inhave been of opinion that the courts of law had convenient, that it would be far more reasonable jurisdiction. Such a declaration is contained in that the objection should be taken by demurrer bethe Foreign Enlistment Act, but it was not brought fore the trial, and that the publication was a pubto the notice of the judge. The bill, it is stated, lic nuisance. The Court of Appeal overruled the obwill pass Parliament without dissent, and will tend jections raised by the Lord- Chief Justice, ansa

swering to render more definite a very important principle that it would hardly ever be necessary to set forth of international law.

the whole book, and that the same reasoning would

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