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Twing decisions were handed down on Tues
have been honestly and accurately done. It is not so
THE SOUTHERN LAW REVIEW. voluminous, but we miss nothing that now strikes us The Southern Law Review, December - January, 1877, 1878. as desirable. The notes are pithy and brief, and, so
Now Series Vol. III, No. 5. Published Bi-monthly.
St. Louis : G.I. Jones and Company, 1877. far as we have examined, reliable - the chief virtue in
The current number of this able magazine opens such a work. One of its most useful features is a table with an article upon the Principles of Natural Jurisof corresponding rules “ showing in what rules of the prudence, by Wm. O. Bateman. This is an elaborate Supreme Court of 1877, the superseded rules of 1874, discussion (covering sixty-two pages) of the science of 1871 and 1858, are represented.
the duties enjoined and of the rights conferred by the
nature of man. It is worthy of the attention of all HUBBELL'S LEGAL DIRECTORY — EIGHTH YEAR. who take pleasure in investigating the philosophy of Hubbell's Legal Directory for Lawyers and Business Men, con
the law. The second essay upon “Power of Sale taining the names of one or more of the leading and Mortgages, and Trust Deeds," by Leonard A. Jones, is most reliable attorneys in nearly three thousand cities and towns in the United States and Canada; a synopsis
a practical treatise upon a subject of very great interest of the collection laws of each State and Canada, with to the profession generally. “Master's Liability to instructions for taking depositions, the execution and acknowledgment of deeds, wills, etc., and a concise
Servant," by Francis Wharton, is a valuable contribusynopsis of the Bankrupt Law, with registers in bank- tion to a rapidly developing and important branch of ruptcy. Also, time for holding courts throughout the United States and territories for the year commencing
jurisprudence. "Notes of Current European Law," October 1, 1877. To which is added a list of prominent by Prof. Hammond, of the Iowa State University, is banks throughout the United States. J. H. Hubbell, Editor and Compiler. New York: J. H. Hubbell &
worthy the attention of every lawyer and cultivated Company, 1877.
man who desires to keep himself posted in the jurisWhile works of the character of the one before us prudence of the old world. The concluding article are, as a rule, of only present value, and must be fre- upon the “ Effect of Tender to discharge Liens," etc., quently revised, the practicing lawyer and the busi- by L. W. Keplinger, is brief but of interest upon the ness man cannot dispense with them any more than subject treated. The book reviews, notes and digest the merchant can with his daily market report. There are, as usual, carefully considered and form a very is hardly an individual in active business that does not valuable part of the magazine. several times in the course of a year wish to know what are the laws of a distant State on the subject of collec
COURT OF APPEALS DECISIONS. tions or transfer of property and who is a reliable at- IE torney in some section of such State, and he frequent- day, January : ly would be willing to pay more than the price of this Judgment affirmed with costs - People v. Lord ; volume for such information. And the practicing People v. Stephens; Carpenter v. Eastern Transportalawyer is frequently asked questions in relation to tion Line; New York and Brooklyn Saw Mill comthese matters which he is unable to answer without pany v. City of Brooklyn; Wilcox Silver Plate coma tedious investigation of authorities with which he is pany v. Green; Thornton v. St. Paul, etc., Railroad unfamiliar. In this work a summary of the laws of each company: Briggs v. New York ('entral, etc., Railroad; State and Territory and of the Provinces of Quebec | Willover v. Hill; Phelps v. Nowlen; City of Rochester and Ontario, up to October 1, 1877, in respect to the v. Montgomery; Dewey v. Moyer; Dunu 1. Hornbeck: collection of debts, taking of depositions, etc., is given. Higen botham v. Stoddard ; Mathez 1. Neidig; Ahern v. The points touched upon in the space devoted to each Goodspeed; Whitney v. Black River Ivs. Co.; Coe v. State may be understood by instancing a single one. Cassidy; Coe v. Hobby; Wright v. Wright; Wells v. In Indiana first is noticed the condition of the statute Ross; Kidder v. Horrobin (3 cases): Sheridan v. Jacklaw, next the judicial reports, then follow these topics: son.-Judgment affirmed – Quinn v. People. Practice, Jurisdiction of the Courts, Insolvent Laws, Order affirmed with costs -- In re application of Myers. Voluntary Assignments, Actions, Limitations, Testi. Order affirmed with costs, payable out of estate mony, Proof of Claims, Promissory Notes and Bills, Thomson v. Taylor (in re Matterson).- Order af Service, Statute of Frauds, Arrests, Attachments, Gar-firmed and judgment absolute for defendant on stipunishment, Appeals, Stay of Execution, Judgments, lation with costs – Weeks v. New York, New Haven, etc., Supplementary Proceedings, Redemptions, Ex- eto., R. R. Co.; Germania Fire Ins. Co. v. Memphis emptions, Liens, Claims against Deceased Persons, and Charleston R. R. Co.- - Motion for reargument Descents, Aliens, Corporations, Divorces, Married denied with $10 costs — - Allen v. Meyer.-- Judgment Women, Dower, Interest, Taxes, Wills, Mortgages, rerersed and new trial granted, costs to abide event. Chattel Mortgages, Record of Instruments, etc. A Horton v. Town of Thompson.- - Appeal dismissed number of appropriate forms applicable to the with costs Bastable v. City of Syracuse; Brown v. trausaction of legal and other business in the Sigourney. Appeal from order affirming order deState are also given. The statements of princi- nying motion to set aside judgment, dismissed with ple under each head are much more elaborate than costs -- People v. Stephens.-- Judgment of Supreme might be expected and seem to be thoroughly accur- Court and decree of surrogate reversed, and proceedate. The list of attorneys in those localities, withings remitted for rehearing by surrogate, with costs to which we are familiar, presents some of the best appellant to be paid out of the estate – Wright v. names, and all the persons mentioned known to us are Wright.- Judgment reversed, and judgment for dereliable. The list of banks is not entirely to be de- fendant declaring him entitled to the office, etc., with pended upon. The Bank of Lansingburg, for instance, costs - People ex rel Couliss v. North.- Judgment which became insolvent nearly a year ago, is recom- modified so as to be without prejudice to the right of mended. This, however, does not detract from the the defendant to build an extension or addition to his merit of the book in other respects. The arrangement house to the same depth and height as the extension to of the work is excellent and it is well priuted and the house on the Ludlow lot adjoining defendant's lot bound.
on the south, aud as thus modified affirmed without costs of appeal to this court to either party – Lottimer hill assuming charge. The first number issued under v. Livermore.-Judgment of Supreme Court and the new arrangement gives evidence that the Law decree of surrogate reversed and proceedings remitted Reporter will be conducted during the coming year for rehearing by surrogate without costs in this court with ability and enterprise, and that it will fully meet or in Supreme Court to either party as against the the needs of the profession in the Federal capital. other, or as against the estate – Deraismes v. De- The San Francisco Law Journal has commenced to raismes.
publish the unwritten opinions of the California
Supreme Court. Hereabouts it is more than the BENCH AND BAR.
reporters and the profession care to do to keep up with Pemberton, an eminent judge in the reign the written opinions. But California is not blessed of Charles II, rose to legal eminence in a curious
with as many courts and judges as we are. way. A rake and spendthrift, he found himself in prison, for years, for debt. There he began to take an
Mr. Hoyt Post has tendered his resignation of interest in all the debt difficulties of his companions, and became perfectly versed in bankruptcy law,
the office of State Reporter of Michigan, to take whence he turned his attention to other legal study, effect March 31, 1878, and the court has accepted it and and at length emerged from prison primed with pre- appointed to succeed him Mr. Henry A. Chaney. Mr. cedents and cases, which he speedily turned to valu- Chaney is the author of the last Michigan Digest, of an able account.
excellent Manual for Notaries Public, and editor of the Richmond Mumford Pearson, Chief Justice Michigan Lawyer. His work clearly proves his entire of North Carolina, died at Raleigh on the 5th
fitness for the position to which he has been appointed. inst. He was born in North Carolina, June 28, 1805, was graduated at the university of that state in 18:23,
We have often been indebted to him for opinions of and was admitted to the bar in 1826. He was chosen the Supreme Court and other courtesies, and hope now, judge of the Superior Court in 1836, and in 1848 that he is to be Reporter, that he may be able to place became Supreme Court judge, and became chief-justice in 1859. In 1868 he was elected to the same posi.
us under obligations for like favors still more fretion which he held until his death. He was an able quently. lawyer, a conscientious judge and possessed the confidence of the citizens of North Carolina without dis- Anent the article on “ The Law of Descent," a cortinction of party. W. H. N. Smith, a well known lawyer of Raleigh, has been appointed to the position
respondent in New Orleans sends us the following promade vacant by his death.
visions of the Louisiana Civil Code, which deserve to A countrywoman was carrying on a very
be copied in all the States: “Art. 1493  Donasimple process against a neighbor in one of the small
tions inter vivos or mortis causa cannot exceed twocourts of Germany. The attorney of the opponent thirds of the property of the disposer if he leaves a pestered her with so much chicanery and legal sub
legitimate child; or half, if he leaves two, and onetleties that she lost all patience, and interrupted him thus: “ My Lord, the case is simply this: I bespoke
third if he leaves three or more. Art. 1494 [1481) Donaof my opponent, the carpet maker, a carpet with tions inter vivos and causa mortis can not exceed twofigures which were to be as handsome as my lord the thirds of the property if the disposer, without chiljudge, and he wants now to force me to take one with horrible caricatures, uglier even than his attorney.
dren, leaves a father, mother, or both. Art. 2399  Was I not right in breaking off the bargaiu ?” The Every marriage contracted in this State superinduces court laughed at the comparison, the attorney was of right a partnership or community of acquits or stupefied, and the woman won her suit.
gains, if there be no stipulation to the contrary. The following passage of words once took place between Lord Justice James when he was a The judge of the Sheffield (England), County vice-chancellor and Mr. Karslake, Q. C. The ViceChancellor observed to Mr. Karslake, “You have told
Court has no confidence in the veracity of woman. A me that three times before. My custom is this: When short time ago he stated from the bench that there is ten a thing is told me once I make a mental note of it; times more perjury committed by women in his court when it is told me twice I begin to forget it; and when it is told me a third time my mind becomes a perfect
than by men, and he added that women do not seem blank on the subject.” “Your honor," replied Mr. to care in the least what they swear to. - The shortKarslake, Q. C., “I am obliged to you for the infor- est opinion on record covering the whole case was remation. I will now tell it to your honor for the fourth time, in order that it may come on the perfect cently delivered by the Master of the Rolls. It is as blank and be made a mental note of as for the first
follows: “I do not believe the plaintiff on her oath, nor time."
do I believe her witness. I do believe the defendant
on his oath; therefore, I dismiss the action, with NOTES.
costs." HE January number of the Journal of Jurispru
dence and Scottish Law Magazine, contains a learned A bill has been introduced in the New Jersey Legisarticle upon the “The Science and Art of Jurispru- lature with fair prospects of passage, allowing writs of dence,” in which the views of various speculative error in all criminal cases to issue of course and not writers are analyzed and sustained or condemned. as matter of grace as now. In the case of Roberts Also articles upon “Equity in Entails," a subject v. Davids, recently decided at the General Term of the that is of no great importance on this side of the Second Department, it is held that section 1303 of the water, “On the Title to Sue," and several other mat- Code of Civil Procedure does not apply to appeals ters of only local interest. The concluding contribu- from Justices' Courts. - The question as to whether tion entitled, “Curious Case of Mistaken Identity," is other than fermented wine can be used for communof interest as illustrating the uncertainty of human | ion, has troubled total abstinence clergymen in this testimony as to identity. The editorial notes and the country. Dr. Stephen, Q. C., to whom a controversy record of decisions of Scottish courts are as usual of between the Bishop of Lincoln and a rector who had interest and value. There has been a change in the used unfermented wine was submitted, has decided editorial management of the Washington Law Reporter, that neither by the scripture, the prayer-book nor the Mr. Walter L. Perry retiring and Mr. George B. Cork- I law of England is the use of unfermented wine illegal.
Albany Law Journal.
The Index to Volume 16 of this JOURNAL will be issued with the next nuinber. A "strike” of the composi
treats of “government, including civil' polity tors in the Printing House has rendered this delay inevit- and the political rights and duties of citizens.” Of able.
the date of the completion of the Revision the Communications on business matters should be ad- Commissioners say: dressed to the publishers.
“It only remains for us to say, that, if the legislature should determine to go on with the work, we are of the opinion that the entire Re
vision can be completed, so that the last installALBANY, JANUARY 26, 1878.
ment thereof may be submitted to the legislature, ready to be enacted into a law, at the session of
1881. The remainder of the present year, after the CURRENT TOPICS.
adjournment of this session, should be nearly, if not
quite, devoted to the review and reprinting of THE HE Commissioners to revise the New York Stat- | Parts II and IV, and the preparation of the neces
Another utes have presented their annual report to the sary supplemental and repealing acts.
year would probably be consumed in the preparalegislature, in which they review the plan of the
tion of the drafts of Parts I and V, and still another entire Revision, and the work so far done, present in the review thereof, the preparation of the supplesome forcible arguments in favor of the part already mental and repealing acts adapted thereto, and the adopted and of the completion of the Revision, preparation of Part VI, and its appropriate supple
mental and repealing acts. The work upon the and make a very satisfactory showing as to the
latter Part will, it is supposed, consist of little bework of the year past. To the objection made to sides compilation." the new Code that it is a “new system,” the Commissioners answer that it is not a “new system,” An analysis of Part II, and so much of Part IV that whatever ground there was for such a charge
as is now completed, is appended to the report. against the “Code of Remedial Justice” was
Both of these Parts will be submitted to this legisremoved by the amendments made by the legislature, but no action is recommended as to them lature, and add:
until they can be revised. "About one-third of the 1496 sections of which A point of considerable practical interest was the 'new Code', as thus amended, is constituted, passed upon in the case of Exchange Fire Ins. Co. v. consists of a re-enactment of the old Code', amended, and with a few new provisions addeủ Early, decided at the Special Term of the New York thereto, so as either, (1) to settle questions which
Court of Common Pleas, on the 18th inst. A resale remain yet undecided by the courts; or, (2) to of mortgaged premises sold under foreclosure was embody in the statute, decisions of the courts; asked by an infant defendant upon the ground or, (3) to reconcile the contradictions, supply the
among others, that the judgment of foreclosure was omissions, and amend the imperfections of the original text', in accordance with the directions irregular, because the referee appointed to compute of the statute creating this commission.
the amount due had neglected to take the oath premaining provisions contain a re-enactment of other
scribed by section 1016 of the Code of Civil Proced(mostly antecedent) statutes, relating to the subjects
The court held the point well taken and set embraced in its caption, revised in the same manner, so that the whole is rendered homogeneous in
aside the sale. As under the lax provisions of substance and in form."
the former statutes it had become a very uniform cus
tom in these proceedings for referees to omit the Beside the bill containing the remaining nine formality of an official oath, we suppose a very conchapters of the Code which the Commissioners siderable proportion of the foreclosures by action, again submit, they purpose to report a bill at which have taken place since the first of last Septhis session relating to fees and salaries, designed tember, are defective in this particular. The requireas a supplement to the Code of Civil Procedure, ment of the new Code, however, is proper and and which, with the Code, will fill entirely the should be enforced according to its tenor. place of Part III of the existing Revised Statutes. Of the work of the Commissioners during The annual attempt to exempt mortgaged real the past year, they report that Commissioner Throop estate from taxation and throw the burden on the has completed (except the final revision) Part II, holders of the mortgages is being made in a bill just which is entitled “An act relating to property and introduced in the Assembly, wherein it is proposed other matters connected with private rights,” and to deduct the amount for which real estate is mortwhich consists of 1250 sections; Commissioner gaged from the valuation before assessment. NothEmott has nearly completed Part IV, “relating to ing is said about making the mortgagee pay the crimes and the punishment thereof; criminal courts; tax, but that will come in the way of an amendment. criminal procedure; and prisons and other places If the bill should pass in its present shape, almost of confinement;" wbile Commissioner Caverno has all the real property in the State will be mortmade very considerable progress on Part I, which gaged by the first of next July.
VOL. 17. No. 4
Notwithstanding the prospect of war the move- The Dean of the Harvard Law School, in his rement in favor of a codification of the English cent report of the condition of that school, makes law will be continued this winter, so the speech a very proper discrimination between the province of the Queen delivered at the opening of Par- of the school and the office in fitting young men for liament, on the 17th inst., informs us. A bill is the legal profession. The purpose of the law school to be laid before Parliament, the object of which is to prepare the student to perform the duties of is to simplify and express in one act the whole counselor or advocate, while that of the office is to law and procedure relating to indictable offenses. prepare him to act as attorney. The school has no The work of Mr. Stephen on Criminal Law, in means or facilities for the education of attorneys, the form of a digest, which has been repub- while its facilities for educating counselors are lished and extensively circulated in this country, unrivaled, and the very circumstances which renwill no doubt form the basis of the proposed der it unfit for the former office increase its fitness legislation. In this matter, progress in England for the latter. The art of the attorney must be has been continuous since the movement was acquired in the place where it is to be practiced, entered upon. Although only the law regulating and that is the office of the practicing attorney. procedure has as yet been codificd, steps have been the tendency has been to make a knowledge of this taken in the direction of a Code embracing, as did | art the test of fitness for admission to the bar, and the that of Justinian, the entire body of jurisprudence, legal profession generally have measured the qualithe work beginning with the law relating to crimes. fications of young men in the profession by the same This Code will of course be carefully prepared and test. This has been undoubtedly one great cause considered, and if its practical operation is satisfac- of the prejudice against law schools existing in the tory, of which we think there is no doubt, it will, minds of the older members of the bar. Nothing we are confident, in ubstance, be adopted in most is more common than to speak slightingly of the if not all of our States.
training of a law school by saying that a graduate
therefrom does not know how to draw a simple The bill introduced in the assembly, providing pleading, or do some act which is within the capacthat “no clerk or officer of any court, or paid em-ity of every office boy. The law school cannot teach ployee of any of the departments of any city gov- the art of the attorney, which is all that a great ernment of this state shall hereafter act as assignee, number of the profession ever learn. The accomreferee or receiver, any case, action or special plished lawyer can only be produced by the training proceeding whatever, during his term of office, or
of the office supplemented by that of the school, while so employed,” ought to pass. The clerks and we think most of our future lawyers will receive and officers of our courts, and the employees in de
their education in this way. partments of municipalities, are usually paid large salaries for doing very little, and permitting them The English judiciary not being able to keep up to add to their emoluments by securing appointments with the work brought before the courts, what is to receiverships, references, etc., is unfair. Besides, known as a "short act” will be introduced in in many instances the official uses his position as a Parliament at its present session, providing for the means of obtaining such appointments, obstructing appointment of additional judges. The difficulty the progress of an action or proceeding unless he is is fortunately in the courts of first instance and can given a bribe in the form of a reference of some be remedied. With us the courts of last resort are kind therein. The profession are familiar with the the ones where the calendars are most crowded evil, and will rejoice that there is a prospect that it and where delay in litigation occurs. may, in sume measure, be done away with.
In addition to those elsewhere specially noticed,
NOTES OF CASES. the following bills of interest to the profession were IN
N Sebastian v. Johnson, 72 Ill. 282; S. C., 22 Am. introduced in the legislature during the past week: Rep. 144, the Supreme Court of Illinois held Amending sections 637 and 1242 of the Code; au- that where an administrator is authorized by a dethorizing the formation of town fire insurance com- cree of court to sell land for the payment of debts, panies for insuring farm property ; providing for the sale must be made by him personally, or by his compelling the attendance and examination of wit- agent in his presence. If made by an auctioneer in nesses in proceedings instituted by or in behalf the absence of the administrator, it is not valid. The of municipal authorities or boards. The amend-court cited, in aid of its decision: Taylor v. Hopment to section 637 of the Code provides for the kins, 40 Ill. 442; 2 Williams on Executors, 944; issue of a warrant of attachment against defend- | Berger v. Duff, 4 Johns. Ch. 368; Heyer v. Deares, 2 ants in all actions for damages, for the commission id. 154. In the last case, which was that of a sale of wrongs when the wrong charged would, if com- of mortgaged premises under a decree, the master, mitted, amount to a felony.
being sick, did not attend the sale, but deputed a competent agent, who attended and sold the land ; | 361; Swan v. Chandler, 8 B. Monr. 97; Clark v. the sale was set aside for that reason solely, there Ricker, 14 N. H. 44; Commonwealth v. Johnson, 3 being no other objection to the fairness and regular- | Cush. 454; Gardner v. Maxey, 9 B. Monr. 90; Hinesity of the sale. Judicial sales must be conducted burgh v. Sumner, 9 Vt. 23; Soule v. Bonney, 37 Me. by the person designated in the decree, or under his 128; Porter v. Havens, 37 Barb. 343. In Buck v. immediate direction. Blossom v. Railroad, 3 Wall. First National Bank (27 Mich. 293), 15 Am. Rep. 203; Reynolds v. Wilson, 15 Ill. 394; Williamson v. 189, a note, given to one who had been robbed, in Berry, 8 How. (U. S.) 495, 544; Blakely v. Abert, 1 consideration of his promise to petition the court to Dana, 185. “Such sales,” said the court, in Blossom mitigate the punishment of the felon, was held void 5. Railroad, “must be made by the person designated as against public policy. So in Peed v. McKee (42 in the decree, or under his immediate direction and Iowa, 689), 20 Am. Rep. 631, a mortgage, executed supervision, but he may employ an auctioneer to in settlement for money embezzled by the mortgaconduct the sale if it be made in his presence.” gor's son, and in consideration of an agreement that Where a power of sale is given to executors they the son should not be prosecuted, was held void. cannot sell by attorney. Newton v. Bronson, 13 N. On the other hand, in Bibb v. Hitchcock (49 Ala. 468), Y. 587; Hawley v. James, 5 Paige, 487; Sugd. on 20 Am. Rep. 288, a clerk in a post-office having emPowers, 222 (6th ed.); Williams v. Mattocks, 3 Vt. bezzled funds for which the postmaster was liable, 189; Floyd v. Johnson, 2 Litt. 109. See Neal v. the latter, to secure himself, induced the clerk to give Pullen, 47 Ga. 73. A sale executed by a delegated him a note with surety, agreeing not to prosecute agent is void. Pearson v. Jamison, 1 McLean, 197. | criminally for the embezzlement. The note was All the executors who qualify must join in executing held to be valid and the surety liable; but expressly the power of sale. Shelton v. Homer, 5 Metc. 466;
on the ground of the obligation of the clerk to make Hulbert v. Grant, 4 T. B. Monr. 580; Bank v. Baugh, good to the postmaster the money embezzled — the 9 Sm. & M. 290; Kling v. Hummer, 2 Penn. St. 349. agreement not to prosecute being conceded to be But if one executor is removed (Matter of Bull, 45 | illegal. The correctness of this decision is open to Barb. 334), or is relieved of his trust (Matter of serious doubt. The agreement not to prosecute crimCrossman, 20 How. Pr. 350; Gould v. Mather, 104 inally was in fact a part of the consideration for Mass. 283), or dies (Chandler v. Rider, 102 Mass. which the note was given, and it is well settled that 270), the remaining or surviving executor may exer- a note given in part to suppress a prosecution is void cise the power, unless it clearly appear from the will even if for a just debt. Bowen v. Buck, 2 Williams, that a joint exercise thereof was intended. But 308; Murphy v. Bottomer, 40 Mo. 67; Brown v. Padtrustees for sale may employ an agent according to gett, 36 Ga. 609. But a contract or note to comthe usage of business, if they use proper prudence. pound a private misdemeanor, such as a suit for Ord v. Noel, 5 Mad. 498; Sinclair v. Jackson, 8 Cow. slander or bastardy proceedings, is good. Wallridge 582; Gillispie v. Smith, 29 II. 473. But such agent v. Arnold, 21 Conn. 434; Merrill v. Fleming, 42 Ala. should only be intrusted with details of the sale, the 234; Clark v. Riker, 14 N. H. 44. So is a note trustees keeping the business in their own hands given after conviction for the legal costs and exand executing the deed. Hawley v. James, 5 Paige, penses of the prosecution. Beeley v. Wingfield, 11 487; Cranston v. Crane, 97 Mass. 459.
East, 46; Kirk v. Strickwood, 4 B. & Ad. 421; Baker
v. Townshend, 1 J. B. Moore, 120. See, also, Bell Henderson v. Palmer, 71 Ill. 579; S. C., 22 Am.
v. Wood, 1 Bay, 249; Cameron v. McFarland, 2 Car. Rep. 117, recalls a familiar principle of law, but one Law Repos. 415; Corley v. Williams, 1 Bailey, 588; which is sometimes lost sight of in these days of Ford v. Cratty, 52 III. 313; Keir v. Leeman, 6 Q. B. many embezzlements and breaches of trust.
In 308, where the authorities are fully reviewed. When that case a promissory note, and a mortgage to se- a man accused his cashier of stealing money, and cure it, were given in consideration that a prosecu- the cashier acknowledged that he had, and gave a tion for a felony should be discontinued. The mort
note with an indorsement and a mortgage for the gage was afterward foreclosed by a proceeding in
amount; and no prosecution was instituted nor any which a want of consideration could not be pleaded agreement made not to prosecute, the note was held as a defense, and the property was sold to an agent valid. Catlin v. Henton, 9 Wis.476; aud see Reg. v. of the mortgagee. Held, (1) that the consideration | Daly, 9 C. & P. 342. It has been held that to reof the note and mortgage was illegal and void; and
ceive a note signed by a person guilty of larceny as
a consideration for not prosecuting him is com(2) that a court of equity would cancel the note and pounding a crime, and indictable. Commonwealth v. mortgage, and set aside the foreclosure and the sale.
Pease, 16 Mass. 91; 1 Camp. 45; 2 M. & S. 201. That contracts to suppress evidence, or to interfere But merely taking back one's goods which have in any way with the course of justice, whether within been stolen, or receiving reparation without agreethe terms of any statute or not, are against public the course of justice, is no offense. Reg. v. Stone,
ment not to prosecute, or otherwise interfere with policy and void, has frequently been decided. Nerot
4 C. & P. 379; 1 How. P. C. 59; Plumer v. Smith, r. Wallace, 3 T. R. 17; Coppock v. Bower, 4 M. & W. | 5 N. H. 553.