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Ago,” gives some interesting information of Irish ent view of the case. He clearly laid it down as judicial duellists. FitzGibbon, the attorney-general | one of murder, and charged the jury to find such a for Ireland, who was afterwards lord chancellor verdict. His severity was a subject of universal and earl of Clare, fought with Curran, who was reprobation, and his efforts to put down murder afterwards master of the Rolls, the weapons being were considered acts of leartless cruelty. In a enormous pistols twelve inches long. Scott, after- company of western gentlemen, when his conduct wards lord chief justice of Ireland and earl of was talked over, someone inquired what was Judge Clonmel, fought Lord Tyrawley and fought with Mayne's Christian name. “I cannot tell what it is," several other gentlemen with various weapons said another, “but I know what it is not — it is not swords and pistols.

Hugh” (humane). Patterson, chief justice of the Common Pleas in O'Connell bitterly lamented to the last hour of his Ireland, fought with three country gentlemen and life that he had slain an opponent in a duel. It wounded them all; one of the duels was with small was often observed that when receiving Holy Comswords. Toler, Lord Norbury, chief justice of the munion he always wore a black glove on his right Common Pleas in Ireland from 1800 till 1827, was hand — the hand that, having shed blood in a duel, so notorious as a duellist with political opponents was unworthy to touch even the drapery associated that he is believed to have owed his promotion to with the mysteries of his religion. O'Connell was, his fighting qualities, and it was said that he shot however, openly taunted from the judicial bench for up to the bench. Sir Hardinge, chief justice of having avoided a hostile meeting. When chalCeylon and an uncle of the present lord chancellor lenged by Sir Robert Peel to fight a duel on the of England, when at the Irish bar fought a duel Continent, O'Connell was arrested in London, and with the unfortunate barrister Bagnal Harvey, was believed to have made no great effort to afterwards hanged as the leader of the insurrection- avoid the police. Shortly afterwards O'Connell in ary movement in Wexford in 1798. The Right an argument before the Irish Court of Common Hon. Hely Hutchinson, the prime sergeant at the Pleas said to Lord Norbury, the chief justice to Irish bar and provost of Trinity College, Dublin, whose duelling propensities we have referred: “I set an example of duelling to the students of the fear I have not succeeded in causing your lordship college, of which he was the head, by challenging to apprehend me.” “I know no one,” said the and fighting Doyle, a master in chancery.

chief justice, very tartly, “who is so easily appreMr. Walsh tells the following anecdote, which hended when he wishes to be apprehended as Mr. clearly relates to himself: “Some years ago a young

O'Connell." friend going to the Irish bar consulted the late Duelling died hard in legal circles in Ireland, and Dr. Hodgkinson, vice-provost of Trinity College, it is worthy of record that almost the last serious Dublin — then a very old man - as to the best message of a hostile character ever delivered was course of study to pursue, and whether he should sent by an Irish attorney-general. In 1843 the begin with Fearne or Chitty. The doctor, who had Right Hon. T. B. C. Smith, the Irish attorneylong been secluded from the world and whose ob-general of the time, who was prosecuting O'Connell servation was beginning to fail, immediately re

on behalf of the crown in the state trials of that verted to the time when he had been himself a year, wrote a challenge to Mr. Gerald FitzGibbon, young barrister, and his advice was:

My young

Q. C., the leading counsel for the defense and the friend, practice four hours a day at Rigby's pistol father of Lord Justice FitzGibbon of the Irish gallery, and it will advance you to the woolsack Court of Appeal. The matter was at once brought faster than all the Fearnes and all the Chittys in under the notice of the bench, and apologies and the library.''

explanations having been received, the incident The Hon. Edward Mayne, who was a justice of closed. Mr. Smith, however, who was on the eve the Court of Common Pleas in Ireland from 1806 of appointment to the chief justiceship of Ireland, till 1817 and of the Court of King's Bench from lost his promotion to that great office, inasmuch 1817 till his resignation, in 1820, and was the father as it was considered inexpedient that he should of the late Sir Richard Mayne, K. C. B., a member preside over the highest tribunal of criminal jurisof the English tar and a commissioner of the diction. The master of the rolls, Mr. Blackburne, metropolitan police, was the first member of the became chief justice of Ireland, and Mr. Smith beIrish bench who set himself boldly to the work of came master of the rolls.- Law Times (London). putting a stop to duelling. Mr. Justice Mayne was a serious, solemn man, and a rigid moralist. His ALBANY LAW SCHOOL COMMENCEMENT. inflexible countenance on the bench imposed an unusual silence and a sense of seriousness upon the The fifty-first commencement exercises of the court. A case of duelling came before him on the Albany Law School took place in Albany on the Connaught Circuit, accompanied by some unusual 29th of May, when the largest class ever graduated circumstances, which, in the disturbed state of the from the institution received their sheepskins. The moral feeling at the time, were considered an alle- class numbered seventy-nine, of whom fifty-three viation. An acquittal was, therefore, excepted as a had attended two scholastic years and were entitled thing of course. The judge, however, took a differ. 'to the degree of LL.B.; the remainder had attended



one scholastic year preceded by two years of legal Faculty prize, twenty-five dollars, for the best study. The address to the graduating class was moot court work during the course, awarded to delivered by the Hon. John J. Linson, State senator George A. Holcombe; honorable mention, Thomas from Kingston, and the degrees were conferred by F. J. McDermott and Ransom H. Gillet. Andrew V. V. Raymond, DD., LL.D., chancellor of At the commencement exercises the gratifying Union University.

announcement was made that through the munifiDegrees of LL. B. were conferred upon the fol- cence of Thomas H. Hubbard of New York city, lowing students: Frank G. Agnew, Miller P. Allen, a graduate of the school, class of 1861, the instituPedro G. Amador, Ezra A. Barnes, Melvin T. tion will be equipped with a chair of Legal Ethics. Bender, Azro L. Blake, Ernest L. Boothey, John F. Mr. Hubbard's gift was a check for $10,000 and Brady, James S. Bryan, Wilbur W. Chambers, accompanying it was an interesting letter of which Sedgwick A. Clark, Benjamin H. Connor, Edward the following is a copy: C. Conway, Robert Nelson Curtis, Hugh Webster

" In looking over the catalogues of some seventy Darrin, Charles D. Deyo, Andrew C. Fenton, law schools in the United States, I find that only Oliver Edward Fengar, Raymond Flinn, Frank twenty embrace in their course of study the subject Gladstone, Crawford O. Getman, Ransom H. Gillet of legal ethics. In fact, I am surprised to find that Benjamin D. Haight, Gordon G. Harris, Ralph J.

so many treat this subject as part of their Hawkins, Frank M. Hickok, George A. Holcombe, course. To judge from the statement in the Frank E. G. Holohan, Lester T. Hubbard, Ben- catalogues, the treatment seems to be somewhat jamin B. Hutchins, Ralph S. Ives, Robert B. Jones, perfunctory. In some of the catalogues it is treated Rutherford W. Kathan, Thomas H. Keogh, David as one of the courses not counted towards a degree. F. Little, William E. Loeble, Bruce N. Martin, The Western Reserve University of Cleveland, O., George B. McCarter, Jr., Thomas F. J.. McDermott, devotes one hour each week for ten weeks, and the John J. McMullen, George J. Moore, James J. University of Wisconsin one hour a week for six Nolan, Douglas W. Paige, Paul M. Pelletreau, weeks to this topic. These two schools are excepGeorge E. Pike, John Allan Rothery, Stephen S. tional. The twenty schools to which I refer are disRead, Erskine Clark Rogers, George H. Smitli, tributed among the different States as follows: Charles W. U. Sneed, James P. Thompson, Dudley Colorado, 1; Georgia, 2; Illinois, 5; Iowa, 2; MaryB. Wade, David William Woolsey.

land, 2; Michigan, 1; Mississippi, 1; New York, 2 The other graduates who received diplomas were: (Cornell University and Syracuse University); Floy J. Bonesteel, William D. Bosler, Ralph F. Ohio, 3; Wisconsin, I. Butts, James H. Colborne, John F. Collins, George “ It is not probable that the south and west need L. Cooke, Waldo M. Coons, Emory F. Dyckman, more instruction on this subject than the north and Howard Dyckman, Robert D. Garver, Harry H.

In fact, it may be presumed that wherever it Hess, C. Ford Hinman, John E. Judge, William D. is treated, the lines laid down in ‘Doctor and StuLoucks, Nathaniel Mortimer Smith, Cecil C. Van dent,' nearly four centuries ago, are followed. PosValkenburgh.

sibly these lines admit of no improvement. It is Last in the order of exercises was the award of safe, however, to say that there is no lawyer, whose prizes which were distributed as follows:

practice has been extensive, who has not felt many

times that his adversary, although conducting his PRIZE AWARDS.

case according to established rules, has wasted some Edward Thompson Co. prize, “ Encyclopedia of of the court's time and a good deal of the time of Pleading and Practice," or a set of “American and counsel, by asserting, on behalf of his client, posiEnglish Encyclopedia of Law," as the student may tions that would better not have been advanced. It elect, for the best thesis upon a subject assigned by is more than probable that most lawyers who have the faculty, awarded to Stephen S. Read; honorable had much practice, see, in the retrospect, that they mention, Benjamin H. Connor.

themselves have not been wameless in the same Amasa J. Parker prize, fifty dollars for the mem- direction. It can hardly be questioned that every ber of the graduating class who has the highest judge of experience will say that the public would standing, awarded to Erskine C. Rogers; honorable be saved great expense, the court would be spared mention, Wilbur W. Chambers.

much labor, and the profession much strain of Dean's prize, a set of “Special Actions and temper, if counsel would avoid exaggeration, evaSpecial Proceedings,” by J. Newton Fiero, to the sion and concealment, which the interests of their members of the graduating class who has excelled in clients seem to demand, when, in fact, they would class work and examination in “procedure” during be better served by omission. the course, awarded to Ernest L. Boothby; honor- "I know that this subject is one that requires able mention, Emory F. Dyckman.

very thoughtful and careíul treatment. In fact, it Bender prize, a set of “ American Electrical has had such treatment for a great many years, withCases,” to the member of the graduating class who out removing differences of opinion, even among has reached the highest mark in examination on the the profession. There is no place where it can be subject of “ Corporations," awarded to Ralph F. treated with so good results as in the law schools, Butts; honorable mention, Wilbur W. Chambers. and if they could all unite as to the method of treat



ment, their work could hardly fail to have an im- Him, and Now You Don't See Him." The fact that portant effect on the practical conduct of legal busi- his contention with regard to the legality of the bids

I am not so much considering the question (other than that of the Octopus) was diametrically of morals as the question of time, temper and opposed to that advanced by him at the last previous expense involved in the conduct of litigations. meeting of award was quite consistent with his

"I understand that this subject is not one of the former performances in this line. regular courses in the Albany Law School, and, in fact, I do not find any reference to it in your cata

Notes of Cases. logue. The same is true of other large schools — Harvard, Yale, Columbia, the New York Law Real Estate Purchased with Pension Money School, etc. It has occurred to me that you might Subject to Execution.— In the case of McIntosh not object to a modest contribution, sufficient to V. Aubrey, decided April 7, 1902, by the Supreme provide, at the outset, for a half dozen lectures or Court of the United States, the question was preso each year on this subject. In fact it may be presented as to whether real estate purchased by a sumed that eminent members of the profession pensioner of the United States with pension money would be glad to lecture upon the subject, even is exempted from seizure and sale on execution by without compensation, for the purpose of present-section 4747, R. S. U. S., which declares that no ing both accepted and disputed views. It certainly money due or to become due to any pensioner shall ought to be treated from all sides, for the purpose of be liable to attachment, levy or seizure, whether the arriving at some practical rules of conduct more same remains with the pension officer or any officer definite than now obtain. As a former student at or agent thereof, but shall inure wholly to the beneAlbany and a member of your association, I beg, fit of such pensioner. The court holds that it is not therefore, to enclose a check to your order for use exempt, since the exemption provided by that secin the direction above indicated, and trust that it tion protects the fund only while in the course of may be pleasing to your board to accept it.

transmission to the pensioner. In the opinion by Yours very truly,

Mr. Justice McKenna (Justices Vhite, Shiras and “ THOMAS H. HUBBARD." Peckham dissenting), as reported in the advance ALUMNI ELECT OFFICERS.

sheets for May 15, 1902, it is said: The Alumni Association held its first annual

“The language of the section of itself seems to meeting at the Ten Eyck in the afternoon, 150 mem- present no difficulty, and, if doubt arises at all, it bers being present. Chief Judge Alton B. Parker, opinions are always entitled to respect (Crow v.

is only on account of the decisions of courts whose '72, the retiring president, presided and Andrew V. V. Raymond, D.D., LL. D., chancellor of Union Brown, 81 Iowa, 344, 11 L. R. A. 110, 46 N. W.

993; Yates County National Bank v. Carpenter, University, delivered a stirring address. Short

119 N. Y. 550, 7 L. R. A. 557, 23 N. E. 1108). speeches were made by several members. Officers for the ensuing year were elected as follows:

But, notwithstanding, we think the purpose of conPresident, Judge Irving G. Vann, '67; first vice- gress is clearly expressed. It is not that pension president, Wheeler H. Peckham, '52; second vice- money shall be exempt from attachment in all of

its situations and transmutations. It is only to be president, Judge David J. Brewer, '58; third vice-president, Lewis E. Carr, '63; 'fourth vice- exempt in one situation, to wit, when 'due or to

become due.' From that situation the pension president, Adelbert Moot, '77; fifth vice-president,

money of plaintiff in error had departed. Judge F. J. Fort, of New Jersey.

The simplicity and directness of the statute are Executive Committee William P. Rudd, Samuel S. Hatt, Andrew J. Nellis, Milton A. Fowler, Judge other terms than its own.

impaired by attempts to explain it by the use of Coleman, of Orange; secretary, A. Page Smith; not money due, and that real estate is not money

That inoney received is treasurer, Edwin Van Wormer.

at all would seem, if real distinctions be regarded,

as obvious enough, without explanation. Nor are ANOTHER “JOLT" FOR THE OCTOPUS. legal fictions applicable. Undoubtedly the law

often regards money as land and land as money, In the matter of the bids for the legislative printing and, through all the forms in which property may for 1902-3, which were recently opened by the State be put, will, if possible, trace and establish the board, the Printing Octopus seems to have received original ownership; but these are special instances another severe “jolt” – a body blow that is likely depending on special principles, and cannot be made to put it in the condition known in sporting parlance a test of the purpose of congress in enacting secas “groggy." The Argus Company's bid is so clearly tion 4747. and unmistakably the lowest that the board will We concur, therefore, with the learned judge find a difficult job ahead of it in making the award of the Court of Common Pleas of Pennsylvania that to any other bidder. The occasion of the opening 'the exemption provided by the act protects the of the bids was made additionally interesting by the fund only while in the course of transmission to the appearance of the mouthpiece of the Octopus in his pensioner. When the money has been paid to him celebrated protean sketch, entitled “Now You Seel it has ‘inured wholly to his benefit,' and it is liable to seizure as opportunity presents itself. The

New Books and New Editions. pensioner, however, may use the money in any manner, for his own benefit and to secure the comfort of his family, free from the attacks of creditors; Rumsey's New York Practice. By William Rumand his action in so doing will not be a fraud upon

sey, Justice of the Supreme Court, and John S. them' (10 Pa. Superior Ct. 275)."— Washington

Sheppard, Jr., of the New York Bar. Albany:

Banks & Co., 1902. Law Reporter.

This may well be termed an old friend in a new Municipalities — Water Supply — Clandestine

guise. It is a fact well known to the profession Taking of Water-Recovery—Capacity to Sue.--In generally, that for years there has been no work on City of Milwaukee v. Herman Zoehrlaut Leather General Practice in the State of New York any. Co., decided by the Supreme Court of Wisconsin where nearly up to date as to the amendments of in April, 1902 (90 N. W. 187), it was held that when the Code and the rules and decisions construing a city has authority to maintain water-works and them. While the usefulness of Rumsey's Practice furnish water to consumers, the fact that it is a which, for many years, has been universally known municipal corporation does not affect its right to and recognized by the profession as a standard recover for water clandestinely ken from its work on the subject, is still very great, it has been mains.

open to the objection of not being in all respects It was further held that where water is clandes- modern. The present edition will supply this omistinely taken from the mains of a city, the circum- sion, bringing Judge Rumsey's monumental work stance that the city has established water rates, and fully up to date. It is a complete manual of pracis empowered to collect such rates from consumers tice, from the issuing of a summons to the collecas taxes are collected, does not prevent its suing by tion of a judgment by supplementary proceedings; way of an action for conversion. The court said, it also treats fully of all actions, the remedies and in part:

procedure of which are either created or regulated This is an action to recover the value of “ stolen

by statute. Volume one, which has just been iswaters.” Whether they were sweet or not does sued, treats of the courts and their organization, not appear; but it is distinctly charged that they of the statutes of limitations and of procuring leave were the property of the city in its mains, and that

to sue in cases in which that is necessary, of parties they were clandestinely appropriated by the de

to actions, of the form and mode of service of a fendant to its own use, and have never been paid for. If the water alleged to have been taken be- summons, notice of pendency of action when it is

required and its effect, of motions and orders and longed to an individual or a private corporation the manner of drawing, entering, vacating and authorized to deal in water, we apprehend there

modifying them. Five chapters of the book are would be no question raised as to the right of re: devoted to pleadings, and the subject of provisional covery. The fact that the plaintiff is a municipal remedies is fully and thoroughly treated in four corporation cannot logically affect the right to chapters. It should be remembered that the whole recover, so long as it is endowed by law with the subject of pleadings, as considered in this book, is power to maintain water-works and furnish water

adapted for use, not only in the State of New York, to private consumers. The water in its pipes is

but in all other Code States. Volume two will property, it belongs to the city, it is of some value, and it is charged to have been taken by the defend treat fully of examination of parties before trial,

the taking of commissions or depositions of docuant and never paid for. This makes a complete case, on very well-established legal principles. Nor mentary evidence, of the manner of procuring the can the fact that the city has established water rates trial and the manner of procuring a change in the

attendance of witnesses, the subject of the place of and is empowered to collect such taxes from consumers as taxes are collected, affect the right to place of trial, the manner of framing issues and recover the value of water taken in defiance of the preparation of cases for trial, the mode of bringing

a case to trial and the procedure at Special and Trial city's regulations. That method of payment was

Terms. The mode of trial of issues of law, trial by primarily intended for water sold by the city to jury, trial of issues of fact by the court and reierconsumers in accordance with its rules. Granting

ences will be discussed with a fullness that leaves that this method may be used also to recover pay, nothing to be desired. Other subjects very fully ments for water clandestinely taken and converted,

treated will be those of costs, entry of judgments it cannot logically be held that it excludes the pre- both after defaults and after trial, judgments by viously existing common-law remedy by way of an

confession, appeals from judgments and orders in action for conversion. This proposition seems too

all courts, manner of enforcing judgments by execuclear for argument or discussion.

tion, sale of real estate upon execution, conveyance

and redemption, etc. Volume three will be devoted A contract by a man to support a woman who is particularly to special actions, including ejectment, about to marry his son, in case the son fails to do partition and admeasurement of dower. A chapter so, is held, in Wright v. Wright ([Iowa), 55 L. R. will also be devoted to the foreclosure of mortgages, A. 261), not to be contrary to public policy. and of liens on chattels. This edition of Rumsey's

Practice will be new throughout, from entirely new placed with the law to which they are adapted. plates, and will be found to be really indispensable. Copious notes have been added to some of the Judge Rumsey is everywhere recognized as a high laws and arranged under the appropriate sections, authority, and his most useful work, now thor- giving all the decisions of the courts of this State oughly modernized, will be found more than ever to the date of publication. The work will be found complete and authoritative.

complete, accurate, convenient and useful to the The Insurance Law of New York. Compiled by tents for ready reference, which so presents in order

profession. There has been added a table of conAndrew Hamilton. Albany: Banks & Co.. the necessary steps for incorporation, as to enable 1902.

a layman to draft the papers for such purposes. This excellent work consists of the Insurance

Albany: Law, the General Corporation Law, the Stock Cor- The New Banking Law of the State. poration Law, the Statutory Construction Law and

Banks & Co., 1902. the provisions of the Penal Code applicable to The Banking Law, as is well known, includes the insurance companies as revised by the Commis- | General Corporation Law, the Stock Corporation sioners of Statutory Revision, together with all Law, the Statutory Construction Law and the Tax amendments, and the ax w of 1896, as amended Law of 1896. The amendments of 1898, 1899, 1900, up to and including the present year. It contains 1901 and 1902, which are included in this edition are copious notes of decisions and attorney-generals' numerous and material. They relate to the incoropinions to date, which will be found to materially poration of building and loan associations, securiaid in construing the text of the Insurance Law, ties in which deposits may be invested, verification and, therefore, very valuable to insurance com- of reports, investment of deposits and income of panies and all who are interested in the subject of building and loan associations, restrictions as to insurance.

banks and their officers and appraisals. The work

will be found to be complete and authoritative. New York Penal Code. Albany: Banks & Co., 1902.

Code of Criminal Procedure. Albany: Banks & This is the twenty-first edition of the New York

Co., 1902. Penal Code, revised by the amendments of 1902,

This is the twenty-first edition of the New York which have been added or inserted in their proper Code of Criminal Procedure, with the amendments place.

The index has also been thoroughly re- of 1902, each of which has been inserted with a vised so as to give access to the work in the most memorandum of the chapter number by which the practical manner. The foot notes after each sec

amendment was enacted. Numerous citations may tion are voluminous and extremely valuable to be found in their proper place and the index conthe active practitioner. The size of the book is a tains cross-references to the subject matter of the great convenience, as it may be used as a pocket Code. The index is very full and complete so as code, as well as in the office.

to make the work of the greatest practical value

to the lawyer. At the end of the work are over New York Tax Law of 1896. Albany: Banks & three hundred forms to guide the practitioner of Co., 1902.

criminal law, while the index to the forms at the This is the latest edition of the New York Tax end of the work makes it most complete in every Law, with amendments of 1897, 1898, 1899, 1900, 1901 particular. and 1902, prepared by the Hon. Andrew Hamilton. Its merits are too well known to need repetition.

Sociologic Studies of a Medico-Legal Nature. By It has been made additional useful by reason of

Louis J. Rosenberg, LL. B., and N. E. Aronstam,

M. D., Ph. G. Chicago: G. P. Engelhard & a full and thorough cross-reference index. Statutory Revision of the Laws of New York

In these essays, heretofore published at various Affecting Miscellaneous Corporations. Prepared times within the past few years in well-known by Andrew Hamilton. Albany: Banks & Co., periodicals and collected for permanent 1902.

preservation in book form, the authors have made This new work contains all the statutory pro- a valuable contribution to the study of sociologic visions relating to corporations reported by the questions, including those of crime, the drink evil, revision committee, which have become laws of euthanasia, stirpiculture, the education of feeblethis State. These statutes form a complete system minded children, premature burial, amnesia, suicide of law as to the kind of corporation to which and tuberculosis. The subjects chosen are among they are applicable, and have repealed the former those which have long engaged the best thought laws relating to the subject. Each law is indexed of some of the ablest men of the day; they are separately and fully, so that any provision therein treated in every case sociologically and with candor, can be easily and readily found by the practitioner. as well as ability. The little work is dedicated, Full and accurate forms for the organization of by permission, to Count Leo Tolstoi, and there is corporations under each law, proxies, certificates, a sympathetic introduction by Clark Bell, Esq., reports, etc., have been carefully prepared and editor of the Medico-Legal Journal.

Co., 1902.


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