Gambar halaman




wholly overlooked and has not cited at all in the note

referred to, although he had previously cited it as HE following decisions were handed down Tuesday,

affirming this very doctrine on page 412 of his book, April 9, 1878:

and afterward on another point on page 637, wrongly Judgment affirmed with costs Staats v. Bristow;

indexed page 635. In this case the court, Rapallo, J., Wallace v. Vreeland; Clussman v. Long Island Rail

said: But the policy now in question contains an road Co.; Sandford v. Wheeler; People ex rel. Hane

express agreement that any person other than the man v. Commissioners of Taxes; The Third National

assured who may have procured the assurance to be Bank of Buffalo v. Blake; Higgins v. Murray.

taken by the company shall be deemed to be the agent Order affirmed with costs - White v. Bogart.

of the assured and not of the company under any cirMotion denied without costs - Rathbun v. The Citizens' Steamboat Company of Troy.

cumstances wbatever or in any transaction relating to Motion for

the assurance. In Rohrbach v. The Germania Insurreargument denied with $10 costs – Phelps v. Naw

ance Company (62 N. Y. 47) this court decided that this len. Judgment reversed and new trial granted;

clause was operative and precluded the assured from costs to abide event - Dutchess County Mutual In

claiming that the company was bound by the kuowlsurance Company v. Hackfield; Elsworth v. Ætna

edge of a similar agent through whom a policy had Insurance Co. Order reversed and


been procured." All the judges, except Church, C. J., granted; costs to abide event - Jennings v. Conboy.

and Miller, J., who did not vote, concurred in the Order granting new trial reversed, and judgment opinion following the decision in Rohrbuch v. Gerordered on verdict, with costs - Moore v. The Mayor,

mania Ins. Co. etc., of New York. Order of General Term re

How can Mr. Wood say that Train v. Holland Purversed, and order of Special Term affirmed, with costs

chase Ins. Co. leaves the whole doctrine unsettled? It - People ex rel. Thompsou v. Board of Supervisors of Hamilton Co.

does not appear by the decision which was rendered by Judge Miller in that case that the question was considered at all by the Court of Appeals. • The only

question,” the judge says, “arising upon this appeal CORRESPONDENCE.

is whether, at the time when the plaintiff and defend

ant entered into the contract contained in the policy THE POSITION OF THE COURT OF APPEALS AS TO

of insurance upon which this action was brought, WHOM AN INSURANCE AGENT REPRESENTS.

there was another policy in the Andes Insurance ComTo the Editor of the Albany Law Journal :

pany in violation of the contract between the parties,"

and having thus stated the question he proceeds upon SIR - I have been much astonished to find in the

the assumption that Goggin, the agent who procured foot note to page 629 of Mr. Wood's Treatise on The

the insurance, was the agent of the plaintitf, as the Law of Fire Insurance, a book which otherwise I have

defendant claiined, and, without entering into the found to be very carefully prepared, the remarkable

discussion of any other question, he affirms the judgstatement, in discussing the subject of the power of

ment upon the ground of the fact that the surrender the insurer, as he styles it, “ to make its agent the

and cancellation of the Andes policy was complete agent of the assured,” that the decision in Train v.

before the insurance in the defendant's company was Holland Purchase Ins. Co. leaves the whole doctrine

effected. I cannot perceive the slightest sign here of unsettled in the Court of Appeals of this state. This

the Court of Appeals wavering or receding by a single statement is so entirely erroneous, and so likely to

step from the position taken by it in the decisions first mislead some who may read this book and accept it as

above cited, or any ground for Mr. Wood's statement authority that it ought to be immediately corrected. that the case last cited leaves the whole doctrine unThe decision in Rohrbach v. Germania Fire Ins. Co., 62

settled. On the contrary, the Court of Appeals has, N. Y. 47, written by Judge Folger, and in which all the by their decisions in the cases cited, without a dissentjudges concurred, placed beyond the reach of a doubt

iug opinion, determined and set the question forever the right of an insurance company to insert in its pol

at rest in every case where the clause in question is icy the clause in question that "any person other than contained in the policy, and I think no company now the assured who may have procured this insurance to

issues any policy without this clause in it. be taken by this company shall be deemed to be the

M. WINSLOW. agent of the assured named in this policy, and not of NEW YORK this company under any circumstances whatever or in any transactions relating to this insurance," and es- [To this letter Mr. Wood makes the following tablished the binding effect, of such a clause in the answer, -Ed. A. L. J.] contract, upon the assured who accepts the policy. To the Editor of the Albany Law Journal: What language could be stronger than that of Judge SIR-Your correspondent (Mr. Window) calls attenFolger in this case, where he says that "the plaintiff tion to an erroneous citation upon page 629 of my work and defendant have in the policy, the contract between on Fire Insurance. The case intended, is “Sprague" v. them expressly agreed that Brand should be deemed Holland Purchase Ins. Co. instead of “Train," and it the agent of the plaintiff and not of the defendant will be seen that this is the case intended by reference under any circumstances whatever;” and again where to page 628, and to the case cited at the end of the note he says: “But we must take the contracts of the parties on page 6:27. I had previously discovered the error as we find them and enforce them as they read." and caused the correction to be made in the plates. I

This decision of the Court of Appeals in Rohrbach v. regret that the error should have crept into the work, Germania Fire Ins. Co., which Mr. Wood cites, was but, I have never yet seen a law book citing numerous followed by the same court in Alexander v. Germania cases in which more or less such mistakes did not occur. Fire Ins. Co., decided February 22d, 1876, and reported The most patient and careful proof-reading will not in 66 New York Repts. 464, a case which Mr. Wood has detect every errur, and it often happens that the printers fail to make corrections, when the proof is in the order of the Constitution, itself, is followed, but fact corrected. With this correction, I think my re- where

the cases,

upon any particular priuciple, marks in reference to the condition of the question, as have been numerous, the notes have been arranged to the power of the insurer to make its agent the under appropriate subdivisions. Appended to the agent of the assured by the insertion of such a provision main body of the work are the declaration of indein its policy, is fully justified. In that case the court pendence and the articles of confederation, which beld that such a provision in a policy can have no ap- formed the basis of the government before the adopplication, when the insurer requires that the applica- tion of the Constitution. The index is good; there is tion shall be filled out by its ageut. Now I insist, that a table of cases cited, and the book is excellently this doctrine involves, to say the least, a great relaxa- printed and bound. tion of the rule adopted in Rohrbach v. Germania Fire Iusurance Co., and Alexander v. the same, and shows a

SAWYER'S REPORTS, VOLUME IV. strong tendenoy on the part of the court to recede

Reports of cases decided in the Circuit and District Courts of from the doctriue established by the latter cases. As

the United States for the Ninth Circuit. Reported by L. I said before, I regret that the miscitation occurred,

S. B. Sawyer, Counselor at Law. Volume IV, San

Francisco: A. L. Bancroft & Co. but I hardly think that any mischief could result therefrom, as I give in the same note so much of the

Among the decisions of value contained in this opinion of Folger, J., in Rohrbach v. Germania Fire

volume, we notice these: Chapman v. Toy Lung, p. Insurance Co. as relates to the question, and leave the

28. Uuder the treaty between the United States and doctrine of the Court of Appeals standing precisely as

China, Chinamen are entitled to reside in the United it does stand, that the agent of the insurer may, by a

States upon the same terms as the subjects of Great provision in the policy, be converted into the agent of

Britain and France, and this implies the right to folthe assured, as to the filling up of the application, low any lawful pursuit or calling not prohibited to the unless he is required by the insurer to perform that duty. subjects of those two powers. In re Temple, p. 92. I do not desire here, to enter into a discussion as to

The assignee in bankruptoy is entitled to recover the soundness of this doctrine, but I hardly feel as

property assigned in fraud of the bankrupt act, though confident as your correspondent does that the ques

such assignment was made in strict compliance with

the insolvent law of the State, and was for the equal tion “is put forever at rest” by these decisions of the Court of Appeals, or even that the Court of Appeals

benefit of all the creditors. The Ocean Spray, p. 105. itself, will long adhere to this doctrine even as modi- | The rule that freight is the mother of wages does not fied by Sprague v. Holland Purchase Insurance Co. apply to a fishing or whaling voyage, and appears to be This latter case, at least, affords a loop-hole through abolished altogether by section 4525 of the Federal Rewhich the assured cau generally escape the effects of

vised Statutes. Cody v. Cent. Pacif. R. R. Co., p. 115. such provisions.

H. G. Woon.

A contract for “one continuous emigrant passage from
Omaha to San Francisco," is not a contract to carry

one from Omaha to an intermediate station and a NEW BOOKS AND NEW EDITIONS.

second from that station to another, and so on, but

only a contract to carry the same person through the BUMP's Notes of CONSTITUTIONAL DECISIONS.

entire route, and is only enforceable as such a contract. Notes of Constitutional Decisions: being a digest of the ju- In re Wolf, p. 168. The mere letting a note, payable dicial interpretation of the Constitution of the United

one day after date, remain unpaid forty days after it States, as contained in the various Federal and State reports, arranged under each clause of the Constitution. To- falls due, is not an act of bankruptoy in the absence of gether with an appendir, containing the Declaration of Independence and Articles of Confederation. By Orlando

any demand for payment. Dowell v. Cardwell, p. 217. F. Bump, New York: Baker, Voorhis & Co., 1878.

An agent employed to collect a claim against the govIE subject of constitutional law is one which has

ernment for a certain per centum of the amount always been of very great importance in this realized, whether in bonds, drafts or cash, has a lien couutry, and its importance bids fair to increase rather

on the fund for his compensation. United States v. than diminish, as the country grows older, from the

Greathouse, p. 457. The term “evemies," as used in radical and extensive changes which are from time to

the constitutional clause, defining treason (Const., art. time made in the fundamental law of the nation and III, $3) applies only to the subjects of a foreign power, in that of the various States. The Federal Constitution and does not embrace rebels. United States v. Knowles, bas required a vast amount of judicial explanation p. 517. Allowing a sailor, who has fallen overboard, and construction, and the reports of the Federal and to drown, is not murder on the part of the one in comState courts are full of cases wherein the various mand of the ship; it would be no more than manpowers, conferred by that instrument upon the general slaughter. The reporting is well done; the index is government, or taken away from the States, are de- fair, and in other respects the volume is fully up to the fined and ascertained. The volume before us contains average law report. the Federal (Sonstitution, with notes under each clause and section, referring to the various cases where such TEXAS COURT OF APPEALS REPORTS, VOLUME II. section or clause has been construed or applied. The Cases argried and adjudged in the Court of Appeals of the value and convenience to the lawyer, and, in fact, to

State of Texas, during the Austin Term, 1877, and part of

the Tyler Term, 1877. Reported by Jackson & Jackson. almost every one, of such a work, cannot be over- Volume II. St. Louis : Soule, Thomas & Wentworth,

1878. estimated. The results embodied therein constitute the perinanent, fundamental and supreme law of the This volume brings the reports of the Court of Apcountry, and to know and understand this law thor- peals, of Texas, to a comparatively late date in 1877. oughly is a matter of prime necessity to every edu- | The reporting is carefully done, and the cases as a rule cated person.

We know of no book wherein the case valuable. Among those of general importance we law, upon this subject, is so well, and fully, and would refer to the following: Ex parte Scwartz, p. 75. systematically exhibited, as here. As above stated, The constitutional guaranty of the right of bail is not


operative after trial and conviction. Kellman v. State, tive appointments. The following list of officers and p. 222. A canvas tent, kept for the purpose of public their names shows the advantage of having a friend in prostitution, held to be a disorderly house under the court: Secretary of Presentations, the Hon. E. P. statute. Pringle v. State, p. 300. In the absence of Thesiger, 4001. ; Secretary of Commissions, Mr. W. M. any thing in the record of a capital case, to show that | Cairns, 3001. ; Secretary of Causes, Mr. J. Romilly, the accused was either arraigned or that he pleaded | 1,0001.; Clerk of Records and Writs, the Hon. E. to the indictment, the judgment of conviction will be Romilly, 1,2001.; Registrar in Lunacy, Mr. C. N. reversed and the cause remanded. Davis v. State, p. Wilde, 1,0001.; Queen’s Coroner and Attorney, Mr. 425. A license, granted under the provisions of a city | Fred. Cockburn, 1,2001. ; Master at the Crown Office, charter, to keep a house of prostitution, held to be a Mr. J. R. Mellor, 1,2001.; Associate, Mr. T. W. Erie, defense to an indictment for the offense of keeping 1,0001. , Associate Exchequer Division, Mr. H. Polsuch a house under a statute enacted previously to the lock, 1,0001. ; Master, Sir F. Pollock, 1,5001. ; ditto, Mr. granting of the charter. Haney v. State, p. 504. Upon G. F. Pollock, 1,5001. ; Queen's Remembrancer, Sir F. the trial of an indictment for burglary the jury found

Pollock, 2,0001. ; Secretary to Sir J. Hannen, Mr. J.C.

Hamnen, 3001. ; Secretary to Sir R. Phillimore, Mr. the prisoner guilty of “burgerally and theft.” Held,

Walter Phillimore, 3001. ; Register in Bankruptcy, Mr. a ground for arrest of judgment. In Pugh v. State, p. J. R. Brougham, 1,3001. ; Clerk of Assize for Home 539, drunkenness is held, not to mitigate voluntary | Circuit, the Hon. R. Denman, 9531.; Associate, Mr. crime, and in Coldbath v. State, p. 391, temporary in

R. Denman, Jr.; Clerk of Assize, Midland Circuit,

Mr. Arthur Duke Coleridge (salary not mentioned); sanity, caused by drunkenness, is said not to excuse Clerk of Assize, Oxford Circuit, Mr. E. Archer Wilde, crime, though the fact that the accused was drunk at

1,0001.; and Clerk of Assize, Western Circuit, Mr. W. the time is admissible as evidence upon the question, C. Bovill, 1,0001.. Some people call this sort of thing

nepotism. The judges think that it is a man's duty whether the murder was of the first or second degree. to look after his relations, when he can do so without Holoman v. Stute, p. 610. Selling candy in packages, injury to the public service; and no one can say that containing prizes, held to be a violation of the law

the judges have been unmindful of their duty in this

respect. against lotteries.

Lord Justice Brett made some useful observations at NOTES.

Manchester, England, a few weeks since, on the diffi

culty of measuring sentences. A few days before he THE

IE April number of The American Law Review had inflicted on a prisoner, convicted of forging bills

contains several articles of interest to the profes- of exchange, a penalty of twenty years' penal servision in a general way, and a single one on criminal

tude; in the case before him he sentenced a prisoner,

convicted of the same offense, to fifteen months' imlaw of practical value. The opening essay upon the

prisonment. The difference between the sentences "Nicholas Plan for electing the President," by Temple was great, but so, also, was the difference between Bodley, Esq., of Louisville, Ky., will be read with

the guilt of the prisoners. The first was an old

offender, who had been five times convicted of interest by those who are engaged in political life.

gross dishonesty, and three times of forgery; the sec“The Turf Frauds and the Detectives,” is an inter- ond prisoner had borne a good character for honesty, esting history of a prosecution which occupied the frugality, and careful attention to business, and had attention of the English authorities and public within

been tempted to commit the crime by trade difficul

ties arising out of the present state of affairs abroad. the past year, and attracted considerable notice else- | The first, in short, was about as bad a case, and the where as showing the defects of the detective system. second as mild a case as could well be imagined; and Mr. John Wilder May discusses, under the head of

the discretion allowed to judges in regard to sentences

would be a mockery if no difference were to be made “Mens Rea,” the question whether one who does an in the penalties inflicted. The motive which someact which appears to him to be lawful, but which is in times seems to operate to prevent the proportioping of fact unlawful, should be convicted. The concluding

sentences to the guilt of the prisoner in the accurate article is entirely made up of two letters written by of making a public example. It may be said that

mode adopted by Lord Justice Brett is the necessity Chancellor Kent upon the subject of codification and forging negotiable instruments is a very serious offense the penal law. The digests, book notices and other in a commercial country, and the public who hear that editorial matter in the present number are, as usual,

a light penalty has been inflicted are not aware of the

circumstances of mitigation, and consequently cominteresting and valuable.

plain of the sentence. A correspondent of the London Times quotes from The St. Louis Court of Appeals, in the case of State Professor Leone Levi, in his “ International Commer- v. Doepke, decided on the 19th ult., hold that a coffin cial Law,” the following account of the legal modes of ject of larceny. The court say: and the property may

used to cover a corpse may, after burial, be the subaccepting bills in various countries of Europe: “Den- be said to be in the person who bought the coffin for mark and Sweden-Acceptance is expressed by the the purpose of interment. Articles which have no word 'accept' written on the bill itself, and followed

market value may, nevertheless, have a value which

the law will recognize. It is competent for a jury, in by the signature of the drawee. Netherlands and

case of larceny of a coffin, to arrive at the value of the Portugal-The acceptance must be clearly expressed coffin at the time it was stolen, from the fact that the in the bill itself, and must be written and signed by coffin was new, and from the price shown to have the acceptor. Russia—The acceptance is expressed by

been paid for the coffin when bought. And, where it

was shown that the coffin cost $35, they might well, the word 'accepted 'written on the bill itself, followed under the circumstances, find the otfense grand by the signature of the acceptor. Spain-If the drawee larceny, under an instruction that, to so find, they accept, he must express it in the bill itself in such

must find the coffin to be worth more than ten dollars. words as 'I accept,' or ‘We accept.' The acceptance ership that can be asserted by one person against

In a buried coffin containing a corpse there is no ownmust be written. Italy-The requisites of bills of ex- another in a civil action; but an ownership of a charchange are the same as those expressed by the French acter sufficient to support a charge of larceny will be code."

taken to exist somewhere. It is not necessary for the purposes of the criminal law to fix this ownership, and

an indictment is sufficient which charges that the The English judiciary seem to secure for their rela- coffin is the property of some person to the jurors untives and those bearing their names very many lucra


The Albany Law Journal.

, ,

All communications intended for publication in the

ate. The only hope of those who favor the continLAW JOURNAL should be addressed to the editor, and the uance of the law is in delaying a vote upon it, name of the writer should be given, though not necessa- which we trust will not be permitted. rlly for publication.

Communications on business matters should be ad- That a uniform bankruptcy law might be devised dressed to the publishers.

which would be a benefit to the country, we do not pretend to deny. But to amend the present law in such a way as to render it a useful one, and at the

same time satisfactory to those who now actively faALBANY, APRIL 20, 1878.

vor a bankrupt law, is not possible. A statute somewhat similar to the law regulating assignments for

the benefit of creditors, now in force in this State, CURRENT TOPICS.

with a provision that on the payment of certain HE United States Senate, on Monday last, by percentage of his debts, the insolvent might be re

leased, would be unobjectionable. But this would peal the bankrupt law. The very large majority | do away with the various official fees which now apgiven for this measure in the more conservative pertain to the administration of the bankrupt law, branch of our National legislature, indicates that the and would of course meet with no favor from the people of the country are not in favor of the law, registers, marshals, etc., who receive such fees. Unand sustains the belief we have frequently expressed der the New York law, if a debtor is insolvent and that its continued existence is due to a very small desires to fairly divide his property among his body of interested persons who derive profit from creditors, he makes an assignment to some business its operation. Years ago it became manifest that friend who is able to give security that he will deal the expectations which existed when the present with the estate for the best interest of the creditors. bankrupt law went into force would never be real-This assignee is under the control of the court and ized. Twice before the experiment of a uniform liable to those injured if he makes an improper use bankrupt law had been tried, namely, in 1800 and of his trust. The estate is not subject to the bur1841, and both times a repeal had followed the en- den of any official fees, and only a trifling commisactment. It was said, however, that each of these sion is allowed to the assignee. Under the bankacts were defective and one sided; one of them un- rupt law a large sum must be deposited in court; duly favoring the creditor, and the other the debtor. the property of the debtor must oftentimes The act of 1867, it was claimed, avoided all the pass through hands of he marshal who obmistakes of its predecessors, and it was believed tains a large sum for his services; the register must that it would, at the same time, afford to the honest be paid for every step taken; process connected with but unfortunate insolvent a means of relief, and the proceeding must be served by marshals, and the prevent the perpetration of frauds by the dis assignee must be paid heavy and uncertain fees and honest one. That these anticipations have not expenses. The result is that the creditor gets little proved correct is a patent fact. The law, at first, or nothing though the debtor's estate may be solvafforded relief to a few who for years had been op- ent. Abuses exist under the State law, and some pressed by debts whieh were beyond their power to estates are not prudently administered, but in nearly satisfy, but since then it has been a source of trouble every case the creditor receives more than he possibly to almost every business man. Dishonest men have could under the bankrupt law. been able to use it to protect themselves from the consequences of unlucky ventures, while honest The decision of Judge Baxter in the United States tradesmen, temporarily embarrassed, have frequently Circuit Court for the Northern District of Ohio, in been ruined by it. It has interfered with the oper- the case of Bank of Toledo v. Cumming, on the 8th ation of the ordinary laws for the collection of debts, inst., passes upon a question of considerable importand has discouraged the exercise of vigilance by ance to stockholders in National banks. In the creditors. While professing to be uniform it has year 1876 complainant's capital stock was assessed for as many rules as to exemption as there are States in local taxes at its full value, while all other property the Union, allowing the bankrupt in California to was assessed at from thirty to forty per cent only retain a greater proportion of his property than the of its value. Complainant applied for an injunction bankrupt in New York. That it is generally be restraining the collection of this tax. The court lieved to have failed in its purpose, the vote in the granted the relief asked to the extent of sixty per Senate emphatically shows. The bill now goes to cent of the tax, saying that whether the result of the House of Representatives, and its fate there, if a the assessment was from inadvertence or design, it vote is reached, cannot be doubtful. The popular was an injustice that contravened the provisions of body, at a former session, pronounced very strongly the Constitution of Ohio, as well as those of the in favor of repeal, but the bill did not pass the Sen- | National Banking Law, and was a wrong which the

mediable injuries, and that in its corporate ca parties. In the ca. Rep. br. S.) 180, decided by the


courts might take cognizance of and redress. To the existing laws,” etc. The purpose of this an objection that the tax was a wrong to complain- amendment is to entitle classes who graduate in the ant's shareholders, against whom the tax was law schools in May, 1878, to admission to practice assessed, and not against the complainant, the under the provisions of the laws mentioned as recourt said that it involved the rights of the pealed. Whether it will accomplish this result, we complainant as well as the rights of its corpora- leave those who are interested in the matter to tors; that it was a trustee for them, and would, if judge. it refused to pay the taxes, expose itself to vexatious and expensive suits, and entail upon itself irre


N case Berghum v. Ry it was entitled to a standing in court and to relief. As the assessors of local taxes in other parts of the Court of Appeal on the 14th of January last, it is country are accustomed to discriminate against held that the liability of railway companies as combanks in the same manner as was done in the case mon carriers does not apply in the case of luggage mentioned, it is well to have a judicial declaration over which they have not absolute control. In this that there is power in the Federal courts to inter- case plaintiff went to defendant's station some time vene and redress the wrong, and that they will do before the train started. A porter, by plaintiff's diit when properly applied to.

rection, placed his bag in the carriage. Plaintiff

went away for a short time, and on his return the A bill introduced on Thursday in the Senate of bag was gone. He brought action to recover the this State provides that no contract for insurance value of the bag, and the jury found that neither upon the life of any person, hereafter made, shall be defendant nor plaintiff had been guilty of negliinvalidated by any misrepresentation of any matter gence. The Court of Appeal held, affirming the deto said corporation in the making of such contract, cision below, that defendant was not liable as a “unless the matter misrepresented shall have common carrier, and therefore was entitled to judgactually contributed to the contingency or event on ment. The general rule has heretofore been supwhich the policy is to become due and payable, and posed to be that a carrier of passengers is liable for whether it has so contributed in any case shall be a baggage the traveler takes into the same carriage question for the jury.” There ought to be no ob- with him. “If a man travel in a stage coach," says jection to the passage of this bill, which is designed Chambre, J., in Robinson v. Dunmore, 2 B. & P. to prevent the interposition in actions upon life in- 419, "and take his portmanteau with him, though

licies of a kind of defense that is almost he has an eye upon the portmanteau, yet the carrier always without merit.

is not absolved from his responsibility but will be

liable if the portmanteau be lost.' See, also, Le A bill of some importance in relation to the sale

Conteur v. Lond. & S. W. Ry., L. R., 1 Q. B. 54; of personal property, under a contract where the Richards v. Lond. & S. W. Ry. Co., 7 C. B. 39; Hanvendor retains the title to the property until paid nibal, etc., R. R. Co. v. Swift, 12 Wall. 262; Cohen for, was introduced in the State Senate last week.

v. Frost, 2 Duer, 335. But the rule that binds comIt provides that one so selling and delivering prop- mon carriers absolutely to insure the safe delivery erty shall, within five days thereafter, file in the of the goods, except against the act of God and the town clerk's office where such purchaser shall re- public enemy, whatever may be the negligence of side a statement in writing containing a description the passenger, has never been applied. Talley v. of the property, the date of the sale, the consider

Great W. Ry. Co., L. R., 6 C. P. 44. Here it was ation and the terms of payment.

shown that the passenger, when changing cars, left

his portmanteau unprotected, and the railway comIn the Supplement accompanying our present number appears an act (chap. 126) amending subdi- pany was held not liable for a robbery of the port

manteau. And it has been held that a railway comvision 17 of what is known as the repealing act of 1877, in relation to the admission to practice of pany is not liable for articles carried on the travel

er's students in attendavce upon the various law schools such as he usually has under his exclusive super.

person, nor for overcoats, canes, and umbrellas, of the State. The amendment consists in append vision. See Steamboat Palace v. Vanderpoel, 16 B. ing to such subdivision a provision that the repeal Monroe, 302 ; Tower v. Utica & S. R. R. Co., 7 Hill, of the laws conferring upon graduates of the law

47. schools the right to admission to the bar shall not affect the right of any person, “who, but for the In Mulliner v. Florence, 38 L. T. Rep. (N. S.) 167, derepeal of the said laws, would have been entitled to cided by the English Court of Appeal, on the 28th be admitted as an attorney as aforesaid, to be so of January last, one Bennett purchased horses and admitted as an attorney at any time within one year carriages of plaintiff and took them to defendant's after this act takes effect, upon his complying with I inn, where he was entertained, and his horses and


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