claimed would injure or render unnavigable a navigable river, which formed the boundary between Minnesota and Wisconsin, it appeared that the United States Congress had appropriated $10,000 toward constructing the canal. Held, that Congress had authority to make the appropriation and thus adopt the work, and this court could not forbid such work. Cases cited: South Carolina v. Georgia, 93 U. S. 4; Gibbons v. Ogden, 9 Wheaton; The Blackbird Creek Marsh Case, 2 Peters, 250; The Wheeling Bridge Case, 18 How. 528; Gilman v. Philadelphia, 3 Wall. 713. Bill in equity dismissed. State of Wisconsin, complainant, v. City of Duluth. Opinion by Miller, J.

NEW BOOKS AND NEW EDITIONS.

WOOD ON FIRE INSURANCE.

A treatise on the law of Fire Insurance, adapted to the present state of the law, English and American, with copious notes and illustrations. By H. G. Wood, author of "The Law of Nuisances," "The Law of Master and Servant," etc. Banks & Brothers, New York and Albany, 1878.

NY work bearing the name of Mr. Wood as author

AN

is certain to treat of the subject to which it relates in a way that cannot be improved upon. The reputation this gentleman has achieved as a careful, painstaking and consequently accurate writer is a guarantee to the profession that they will find in the book before us the most complete as well as the latest exposition of the law of Fire Insurance. But not only in the way of accuracy is Mr. Wood pre-eminent among modern law writers. His skill in deducing principles from adjudicated cases, and his happy manner of expression, make his treatises at once instructive and entertaining. Elementary law books upon special subjects are too often merely a jumble of case head notes, strung together without much system, and oftentimes serving to confuse rather than to enlighten the student. But in the books of this author, the principles that govern the subject upon which he treats, with their essential modifications, are stated in his own language, and the expositions of the courts are used to fortify and give authority to his statements. The present work has come to the profession at an opportune time. During the past few years the law, controlling many features of insurance contracts, has been essentially modified, especially in relation to the powers and functions of agents, implied waiver, estoppel and the scope of the risk, and there was no work that treated properly of these subjects. The book before us very fully covers every one of them, giving the gist of the latest and freshest cases, both those which have appeared in the reports and those not yet published there. The author treats first of the general principles relating to the contract, next comes a chapter devoted to the policy and its incidents, then one relating to the application, including the topics of warranties, representations, concealments and misrepresentation; then come chapters devoted to each of these topics, and following them are other chapters wherein are considered the subjects of alteration or change of risk, insurable interest, alienation, assignment of policies, double insurance, agents' notice and proofs of loss, limitation of action, adjustment of loss, subrogation, reformation of policies, questions for court and jury, remedies in policies, waiver, estoppel, evidence, and mutual insurance. In referring to the cases cited the author notices not only the original reports, where they are found, but also the place in

Bennett's Fire Insurance Cases and the American Reports, a very proper thing, as the volumes of reports mentioned have found their way into the libraries of very many lawyers both in this country and England. The volume is excellently printed and bound and contains a good index and a table of cases cited.

WHARTON'S LEGAL MAXIMS.

Legal maxims, with observations and cases. Part I. One hundred maxims, with observations and references to English cases. Part II. Eight hundred maxims, with translations, by George Frederick Wharton, of the English Bar. To which are added in this edition, Part III. Several hundred maxims, with references to American cases. New York: Baker, Voorhis & Co., 1878.

A collection of legal maxims is always interesting reading, and there is no doubt that the principles of law conveyed thereby obtain a more permanent lodgment in the mind than do abstract statements or the law itself. The tendency of people to put the results of their experience into these brief, homely expressions indicates in what estimation the maxim is held as a means of conveying practical truths. Every business or professional man of experience has at his tongue's end numerous maxims pertaining to his calling, and the lawyers are not behind any of the others in this matter. Broom has long been the standard writer on this subject, though he does not by any means include all the current sayings of the profession. The present collection embraces, we imagine, every thing of value or that has received the approval of authority. The maxims given by Mr. Wharton number nine hundred, and about four hun

dred are added by the American editor. Very many of these four hundred are indeed repetitions of what is given by Mr. Wharton, and are merely inserted in order to refer to the American adjudications upon them, but it may safely be said that the book contains fully twelve hundred maxims. The observations and illustrations appended to the first hundred maxims are well written, and clearly explain and apply them. The references to American cases are full and we should judge accurate. The collection of maxims with explanatory notes taken from the Civil Code formerly prepared for the State of New York by the commissioners of the Code, but never adopted, adds materially to the value of the work. In every way the book is well done and we heartily recommend it to the profession.

DIGEST OF MOAK'S ENGLISH REPORTS. Digest of Moak's English Reports, Volumes 1 to 15 inclusive, with a list of cases reported, table of cases reversed, overruled and considered, by James Simmons; also a Digest of American Notes, by Nathaniel C. Moak, Albany. The "English Reports," edited by Mr. Moak, contain all the judgments of the English courts rendered since the beginning of the year 1872, which were believed to be of interest to the legal profession of this country. With such judicious discrimination have the selections been made that very few American lawyers will ever have occasion to consult an English decision not contained in the series.

The digest of the series which is now issued will, therefore, practically answer every need of the American lawyer, so far as he feels the need of an English Digest.

To the possessor of Mr. Moak's Reports this digest will be especially welcome, as it guides him to the coutents of the editor's notes.

Of Mr. Simmons' part of the work we cannot speak

ing.

BE

BENCH AND BAR.

ENJAMIN FRANKLIN WADE died on the 2d inst. at his residence at Jefferson, Ohio. He was born near Springfield, Mass., October 27, 1800. He received a common school education. He came to Ohio in 1826, and in 1828 was admitted to the bar of that State. In 1835 he was chosen prosecuting attorney of Ashtabula county. In 1837 he was elected to the State Senate, and was twice re-elected. In 1847 he was elected presiding judge of the third judicial district of Ohio, which office he held until chosen to the United States Senate in 1851, which place he held for several terms. His last official position was that of commissioner to investigate affairs in St. Domingo, which he held in 1871. His reputation as a lawyer was very high, but it was overshadowed by the eminent place in political life occupied by him.

The death is announced in England of Mr. Thomas Chitty, the well-known Special Pleader, at the ripe age of 76. He was the author of several well-known works, Chitty's Practice and a collection of statutes being the best known. He was the father of Mr. J. W. Chitty, Q. C., one of the leaders in the Rolls Court. Mr. Thomas Chitty had the following well-known lords and gentlemen as his pupils in by-gone days: Chancellor Cairns, Lord O'Hagan, Chief Justice Whiteside, Mr. Justice Willes, Mr. Justice Quain, and Sir James Hannen.

Samuel Currey, one of the oldest members of the Rhode Island Bar, died at Providence, R. I., on the 1st nst. He filled various public stations during his life.

Asa Biggs died at Norfolk, Virginia, on the 6th inst., aged sixty-eight. He held the position of member of Congress for several terms, United States Senator and United States District Judge for North Carolina.

The Senate have confirmed the nomination of Judge Blatchford for Circuit Judge.

WE

NOTES.

E are pleased to welcome among our list of exchanges the Juristische Blatter, published at Vienna. This periodical is the leading law journal of the Austro-Hungarian empire, and contains each week learned and interesting articles upon legal and social subjects. The great changes that are now being made in the constitution and procedure of the German courts are having a considerable influence in Austria, and the subject of law reform occupies quite a prominent place in the newspapers and magazines of that country. The matters discussed are treated from a philosophical rather than a practical standpoint, but the legislation which results from such discussions is apt to be as practical as that drawn entirely from precedent. The contributions appearing in the numbers of the Juristische Blatter which we have already received, are particularly able and exhaustive.

By a recent amendment of the Constitution of Wisconsin the number of judges of the Supreme Court of that State is to be increased from three to five. The two new judges will be elected by the popular vote in April next. By an arrangement between the leaders of the two political parties, one candidate has been presented by each party. The candidates thus brought forward are David Taylor, republican, and H. S. Orton, democrat. Both have been Circuit Court judges.

The dean of the Boston University Law School, Hon. E. H. Bennett, has announced the following as the subject for the Hillard prize essay next June: "Insanity as a Defense in Criminal Cases." It is stated that the cost of the new Palace of Justice in Brussels, which will be a splendid building, will amount to 35,000,000f. The original estimate was 8,000,000f.

In the Croyden, England, County Court, in a case entitled Sanders v. Evans, the English idea of giving every one a chance was well illustrated. Plaintiff sought to recover damages for the loss of a lamb, which had been killed by defendant's dog. "In answer to his honor, the plaintiff said he could not prove that the defendant was aware that the dog was in the habit of biting other animals. 66 'His honor thereupon remarked that by the law of England a dog was allowed his first bite. Assuming that the lamb did die through an attack made by the defendant's dog, plaintiff was not entitled to recover unless he could say that the defendant was aware that the dog had previously misconducted himself in a similar way. He, therefore, nonsuited the plaintiff, and advised the defendant to take better care of his dog in future." It is suggested by a correspondent of the Solicitors' Journal, that there is a statutory provision covering the case. In that case the court may have erred, but it is to be assumed that he stated the common law correctly.

In the case of Bowery Nat. Bank v. Duryee, decided by Judge Lawrence on the 26th ult., it is held that under section 558 of the new Code a party who obtains an order of arrest must set forth in his complaint the facts which he alleges entitle him to such an order, so that the defendant may take issue on that question and have the issue disposed of by a jury.

of trial by jury is looked upon as the most excellent among all human contrivances for securing justice in controversies between individuals, or between society and those who are charged with violating such regulations as society may have deemed necessary for its security and order. And an essential excellence of the institution is believed to be the requirement of unanimity. Now and then, however, an obstinate juryman will so embarrass the trial of an important case that courts and litigants will begin to doubt whether the system so extolled is the best, at least for civil trials. A case entitled Regina v. Truelove, recently tried in the Queen's Bench Division of the English High Court of Justice, was left undetermined, simply because a single juror would not accept the law applicable to the case from the court, but would hold to his own views of what it ought to be. Cases of this kind are in the experience of every practitioner, oftentimes the disagreement being produced by a less commendable motive, yet the annoyance has not been such as to create any thing more than a few complaints in the newspapers, which had no influence upon the general public or upon legislation. The case mentioned has, however, led to considerable discussion in England, and it would not be surprising if a strong effort should be made to establish there a rule somewhat similar to that proposed in the legislative bill mentioned. Unanimity was not required in the early days of the jury trial. Accord ing to Lambard, in a jury of twelve the verdict of eight was to prevail, and from Bracton and Fleta it would appear that the practice in their time was for the judges, when the jury could not agree, to add to its number until twelve out of the entire number could be got to concur in a verdict. the time of Edward I, the judge had the option of doing this or starving the jurors until an agreement was had. The starving process continued for many years in vogue, though it has in modern times been done away with. In France, Italy, Germany and Scotland unanimity is not required, and in Texas and Nevada a verdict of nine is sufficient.

In

A reporter of the New York Herald has interviewed Mr. Justice Davis, of the Supreme Court of this State, upon the subject of our present lunacy laws, and he gives to the public the views of the judge, which contain some interesting suggestions. In speaking of a bill introduced in the legislature by Mr. Thain, he says, that while in some respects excellent, it has obvious defects. The first clause of the proposed law requires a jury trial in every case except of violent mania, before committal. This, the judge thinks, would entail too much trouble and expense upon the community. The second clause allows no summary committal except in cases of furious mania; this would leave the community too

unprotected. People are often in incipient stages of insanity, when they should be committed before they become violent enough to do harm. This law would compel the physicians to stand still until the patient has actually become a furious madman. The judge believes that the law of 1874, with some few amendments, would accomplish all that is desired. Authority should be given only to such physicians as are approved by a court of record to certify to the insanity of a person who is taken to an asylum, and this approval should be given in open court and upon an application made in public. The certificates upon which a person is committed to an asylum should be filed with some of the higher courts of record and be accessible to every one, and a report from the person in charge of an asylum should be required to be made to a court of record of each committal and the reasons thereof, within three days after it is made. He would make a malicious conspiracy to send a sane person to an insane asylum a felony instead of a misdemeanor, as at present. The suggestions made by Judge Davis, while they may not meet approval in all respects, are worthy of consideration.

A bill has been introduced in the legislature providing that in any criminal proceeding or trial, the complaining witness may be assisted by such counsel as he may select, unless the district attorney or his assistant appears. This will not vary the practice usual heretofore, but it will give the prosecutor as a right what has heretofore been accorded to him as a courtesy. The provision of the bill is a very proper one.

Two bills of local interest are pending in the Senate. One provides for the creation of a court of civil jurisdiction, to be known as the Supreme Court of Rochester; and the other directs the boards of supervisors of the several counties in the Third Judicial District to appropriate the sum of $10,000 to be applied in payment of the salaries of the justices of the Supreme Court of said district, in addition to the compensation now allowed them by law. This adds the sum of $2,500 per annum to the salaries of the justices mentioned.