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Ago," gives some interesting information of Irish judicial duellists. FitzGibbon, the attorney-general for Ireland, who was afterwards lord chancellor and earl of Clare, fought with Curran, who was afterwards master of the Rolls, the weapons being enormous pistols twelve inches long. Scott, afterwards lord chief justice of Ireland and earl of Clonmel, fought Lord Tyrawley and fought with several other gentlemen with various weapons swords and pistols.

Patterson, chief justice of the Common Pleas in Ireland, fought with three country gentlemen and wounded them all; one of the duels was with small swords. Toler, Lord Norbury, chief justice of the Common Pleas in Ireland from 1800 till 1827, was so notorious as a duellist with political opponents that he is believed to have owed his promotion to his fighting qualities, and it was said that he shot up to the bench. Sir Hardinge, chief justice of Ceylon and an uncle of the present lord chancellor of England, when at the Irish bar fought a duel with the unfortunate barrister Bagnal Harvey, afterwards hanged as the leader of the insurrectionary movement in Wexford in 1798. The Right Hon. Hely Hutchinson, the prime sergeant at the Irish bar and provost of Trinity College, Dublin, set an example of duelling to the students of the college, of which he was the head, by challenging and fighting Doyle, a master in chancery.

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Mr. Walsh tells the following anecdote, which clearly relates to himself: "Some years ago a young friend going to the Irish bar consulted the late Dr. Hodgkinson, vice-provost of Trinity College, Dublin then a very old man- -as to the best course of study to pursue, and whether he should begin with Fearne or Chitty. The doctor, who had long been secluded from the world and whose observation was beginning to fail, immediately reverted to the time when he had been himself a

young barrister, and his advice was: 'My young friend, practice four hours a day at Rigby's pistol gallery, and it will advance you to the woolsack faster than all the Fearnes and all the Chittys in the library.""

ent view of the case. He clearly laid it down as one of murder, and charged the jury to find such a verdict. His severity was a subject of universal reprobation, and his efforts to put down murder were considered acts of heartless cruelty. In a company of western gentlemen, when his conduct was talked over, someone inquired what was Judge Mayne's Christian name. "I cannot tell what it is," said another, "but I know what it is not - it is not Hugh" (humane).

O'Connell bitterly lamented to the last hour of his life that he had slain an opponent in a duel. It was often observed that when receiving Holy Communion he always wore a black glove on his right hand the hand that, having shed blood in a duel, was unworthy to touch even the drapery associated with the mysteries of his religion. O'Connell was, however, openly taunted from the judicial bench for having avoided a hostile meeting. When challenged by Sir Robert Peel to fight a duel on the Continent, O'Connell was arrested in London, and was believed to have made no great effort to avoid the police. Shortly afterwards O'Connell in an argument before the Irish Court of Common Pleas said to Lord Norbury, the chief justice to whose duelling propensities we have referred: "I fear I have not succeeded in causing your lordship to apprehend me." "I know no one," said the chief justice, very tartly, "who is so easily apprehended when he wishes to be apprehended as Mr. O'Connell."

Duelling died hard in legal circles in Ireland, and it is worthy of record that almost the last serious message of a hostile character ever delivered was sent by an Irish attorney-general. In 1843 the Right Hon. T. B. C. Smith, the Irish attorneygeneral of the time, who was prosecuting O'Connell on behalf of the crown in the state trials of that year, wrote a challenge to Mr. Gerald FitzGibbon, Q. C., the leading counsel for the defense and the father of Lord Justice FitzGibbon of the Irish Court of Appeal. The matter was at once brought under the notice of the bench, and apologies and explanations having been received, the incident closed. Mr. Smith, however, who was on the eve of appointment to the chief justiceship of Ireland, lost his promotion to that great office, inasmuch as it was considered inexpedient that he should preside over the highest tribunal of criminal jurisdiction. The master of the rolls, Mr. Blackburne, became chief justice of Ireland, and Mr. Smith became master of the rolls.- Law Times (London).

The Hon. Edward Mayne, who was a justice of the Court of Common Pleas in Ireland from 1806 till 1817 and of the Court of King's Bench from 1817 till his resignation, in 1820, and was the father of the late Sir Richard Mayne, K. C. B., a member of the English bar and a commissioner of the metropolitan police, was the first member of the Irish bench who set himself boldly to the work of 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

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The fifty-first commencement exercises of the Albany Law School took place in Albany on the 29th of May, when the largest class ever graduated from the institution received their sheepskins. The class numbered seventy-nine, of whom fifty-three had attended two scholastic years and were entitled to the degree of LL.B.; the remainder had attended

one scholastic year preceded by two years of legal study. The address to the graduating class was delivered by the Hon. John J. Linson, State senator from Kingston, and the degrees were conferred by Andrew V. V. Raymond, DD., LL.D., chancellor of Union University.

Degrees of LL. B. were conferred upon the following students: Frank G. Agnew, Miller P. Allen, Pedro G. Amador, Ezra A. Barnes, Melvin T. Bender, Azro L. Blake, Ernest L. Boothey, John F. Brady, James S. Bryan, Wilbur W. Chambers, Sedgwick A. Clark, Benjamin H. Connor, Edward C. Conway, Robert Nelson Curtis, Hugh Webster Darrin, Charles D. Deyo, Andrew C. Fenton, Oliver Edward Fengar, Raymond Flinn, Frank Gladstone, Crawford O. Getman, Ransom H. Gillet, Benjamin D. Haight, Gordon G. Harris, Ralph J. Hawkins, Frank M. Hickok, George A. Holcombe, Frank E. G. Holohan, Lester T. Hubbard, Benjamin B. Hutchins, Ralph S. Ives, Robert B. Jones, Rutherford W. Kathan, Thomas H. Keogh, David F. Little, William E. Loeble, Bruce N. Martin, George B. McCarter, Jr., Thomas F. J. McDermott, John J. McMullen, George J. Moore, James J. Nolan, Douglas W. Paige, Paul M. Pelletreau, George E. Pike, John Allan Rothery, Stephen S. Read, Erskine Clark Rogers, George H. Smith, Charles W. U. Sneed, James P. Thompson, Dudley B. Wade, David William Woolsey.

The other graduates who received diplomas were: Floy J. Bonesteel, William D. Bosler, Ralph F. Butts, James H. Colborne, John F. Collins, George L. Cooke, Waldo M. Coons, Emory F. Dyckman, Howard Dyckman, Robert D. Garver, Harry H. Hess, C. Ford Hinman, John E. Judge, William D. Loucks, Nathaniel Mortimer Smith, Cecil C. Van Valkenburgh.

Faculty prize, twenty-five dollars, for the best moot court work during the course, awarded to George A. Holcombe; honorable mention, Thomas F. J. McDermott and Ransom H. Gillet.

At the commencement exercises the gratifying announcement was made that through the munificence of Thomas H. Hubbard of New York city, a graduate of the school, class of 1861, the institution will be equipped with a chair of Legal Ethics. Mr. Hubbard's gift was a check for $10,000 and accompanying it was an interesting letter of which the following is a copy:

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'In looking over the catalogues of some seventy law schools in the United States, I find that only twenty embrace in their course of study the subject of legal ethics. In fact, I am surprised to find that even so many treat this subject as part of their course. To judge from the statement in the catalogues, the treatment seems to be somewhat perfunctory. In some of the catalogues it is treated as one of the courses not counted towards a degree. The Western Reserve University of Cleveland, O., devotes one hour each week for ten weeks, and the University of Wisconsin one hour a week for six weeks to this topic. These two schools are exceptional. The twenty schools to which I refer are distributed among the different States as follows: Colorado, 1; Georgia, 2; Illinois, 5; Iowa, 2; Maryland, 2; Michigan, 1; Mississippi, 1; New York, 2 (Cornell University and Syracuse University); Ohio, 3; Wisconsin, I.

"It is not probable that the south and west need more instruction on this subject than the north and east. In fact, it may be presumed that wherever it is treated, the lines laid down in Doctor and Student,' nearly four centuries ago, are followed. Possibly 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:

PRIZE AWARDS.

Edward Thompson Co. prize, "Encyclopedia of Pleading and Practice," or a set of "American and English Encyclopedia of Law," as the student may elect, for the best thesis upon a subject assigned by the faculty, awarded to Stephen S. Read; honorable mention, Benjamin H. Connor.

Amasa J. Parker prize, fifty dollars for the member of the graduating class who has the highest standing, awarded to Erskine C. Rogers; honorable mention, Wilbur W. Chambers.

Dean's prize, a set of "Special Actions and Special Proceedings," by J. Newton Fiero, to the members of the graduating class who has excelled in class work and examination in "procedure" during the course, awarded to Ernest L. Boothby; honorable mention, Emory F. Dyckman.

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Bender prize, a set of American Electrical Cases," to the member of the graduating class who has reached the highest mark in examination on the subject of "Corporations," awarded to Ralph F. Butts; honorable mention, Wilbur W. Chambers.

practice has been extensive, who has not felt many times that his adversary, although conducting his case according to established rules, has wasted some of the court's time and a good deal of the time of counsel, by asserting, on behalf of his client, positions that would better not have been advanced. It is more than probable that most lawyers who have had much practice, see, in the retrospect, that they themselves have not been ameless in the same direction. It can hardly be questioned that every judge of experience will say that the public would be saved great expense, the court would be spared much labor, and the profession much strain of temper, if counsel would avoid exaggeration, evasion and concealment, which the interests of their clients seem to demand, when, in fact, they would be better served by omission.

"I know that this subject is one that requires very thoughtful and careful treatment. In fact, it has had such treatment for a great many years, without removing differences of opinion, even among the profession. There is no place where it can be treated with so good results as in the law schools, and if they could all unite as to the method of treat

ment, their work could hardly fail to have an important effect on the practical conduct of legal business. I am not so much considering the question of morals as the question of time, temper and expense involved in the conduct of litigations.

"I understand that this subject is not one of the regular courses in the Albany Law School, and, in fact, I do not find any reference to it in your catalogue. The same is true of other large schools Harvard, Yale, Columbia, the New York Law School, etc. It has occurred to me that you might not object to a modest contribution, sufficient to provide, at the outset, for a half dozen lectures or so each year on this subject. In fact it may be presumed that eminent members of the profession would be glad to lecture upon the subject, even without compensation, for the purpose of presenting both accepted and disputed views. It certainly ought to be treated from all sides, for the purpose of arriving at some practical rules of conduct more definite than now obtain. As a former student at Albany and a member of your association, I beg, therefore, to enclose a check to your order for use in the direction above indicated, and trust that it may be pleasing to your board to accept it. "Yours very truly,

"THOMAS H. HUBBARD." ALUMNI ELECT OFFICERS.

Him, and Now You Don't See Him." The fact that his contention with regard to the legality of the bids (other than that of the Octopus) was diametrically opposed to that advanced by him at the last previous meeting of award was quite consistent with his former performances in this line.

Notes of Cases.

Real Estate Purchased with Pension Money Subject to Execution. In the case of McIntosh v. Aubrey, decided April 7, 1902, by the Supreme Court of the United States, the question was presented as to whether real estate purchased by a pensioner of the United States with pension money is exempted from seizure and sale on execution by section 4747, R. S. U. S., which declares that no money due or to become due to any pensioner shall be liable to attachment, levy or seizure, whether the same remains with the pension officer or any officer or agent thereof, but shall inure wholly to the benefit of such pensioner. The court holds that it is not exempt, since the exemption provided by that section protects the fund only while in the course of transmission to the pensioner. In the opinion by Mr. Justice McKenna (Justices White, Shiras and Peckham dissenting), as reported in the advance sheets for May 15, 1902, it is said:

"The language of the section of itself seems to The Alumni Association held its first annual present no difficulty, and, if doubt arises at all, it meeting at the Ten Eyck in the afternoon, 150 memis only on account of the decisions of courts whose bers being present. Chief Judge Alton B. Parker, '72, the retiring president, presided and Andrew opinions are always entitled to respect (Crow v. 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 speeches were made by several members. Officers 119 N. Y. 550, 7 L. R. A. 557, 23 N. E. 1108). for the ensuing year were elected as follows: President, Judge Irving G. Vann, '67; first vice-gress is clearly expressed. It is not that pension president, Wheeler H. Peckham, '52; second vice- its situations and transmutations. It is only to be money shall be exempt from attachment in all of 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.

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In the matter of the bids for the legislative printing for 1902-3, which were recently opened by the State board, the Printing Octopus seems to have received another severe "jolt"-a body blow that is likely to put it in the condition known in sporting parlance as "groggy." The Argus Company's bid is so clearly and unmistakably the lowest that the board will find a difficult job ahead of it in making the award to any other bidder. The occasion of the opening of the bids was made additionally interesting by the appearance of the mouthpiece of the Octopus in his celebrated protean sketch, entitled "Now You See

But, notwithstanding, we think the purpose of con

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The simplicity and directness of the statute are impaired by attempts to explain it by the use of other terms than its own. That money received is not money due, and that real estate is not money

at all would seem, if real distinctions be regarded, as obvious enough, without explanation. Nor are legal fictions applicable. Undoubtedly the law often regards money as land and land as money, and, through all the forms in which property may be put, will, if possible, trace and establish the original ownership; but these are special instances depending on special principles, and cannot be made a test of the purpose of congress in enacting section 4747.

"We concur, therefore, with the learned judge of the Court of Common Pleas of Pennsylvania that the exemption provided by the act protects the fund only while in the course of transmission to the pensioner. When the money has been paid to him it has inured wholly to his benefit,' and it is

liable to seizure as opportunity presents itself. The pensioner, however, may use the money in any manner, for his own benefit and to secure the com

fort of his family, free from the attacks of creditors; and his action in so doing will not be a fraud upon them' (10 Pa. Superior Ct. 275)."- Washington Law Reporter.

Municipalities - Water Supply Clandestine Taking of Water-Recovery-Capacity to Sue.-In City of Milwaukee v. Herman Zoehrlaut Leather Co., decided by the Supreme Court of Wisconsin in April, 1902 (90 N. W. 187), it was held that when a city has authority to maintain water-works and furnish water to consumers, the fact that it is a municipal corporation does not affect its right to recover for water clandestinely taken from its

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This is an action to recover the value of stolen waters."

New Books and New Editions.

Rumsey's New York Practice. By William Rum-
sey, Justice of the Supreme Court, and John S.
Sheppard, Jr., of the New York Bar. Albany:
Banks & Co., 1902.

This may well be termed an old friend in a new guise. It is a fact well known to the profession generally, that for years there has been no work on General Practice in the State of New York anywhere nearly up to date as to the amendments of the Code and the rules and decisions construing them. While the usefulness of Rumsey's Practice which, for many years, has been universally known and recognized by the profession as a standard work on the subject, is still very great, it has been open to the objection of not being in all respects modern. The present edition will supply this omission, bringing Judge Rumsey's monumental work fully up to date. It is a complete manual of practice, from the issuing of a summons to the collection of a judgment by supplementary proceedings; it also treats fully of all actions, the remedies and procedure of which are either created or regulated by statute. Volume one, which has just been issued, treats of the courts and their organization, of the statutes of limitations and of procuring leave to sue in cases in which that is necessary, of parties to actions, of the form and mode of service of a

summons, notice of pendency of action when it is required and its effect, of motions and orders and the manner of drawing, entering, vacating and modifying them. Five chapters of the book are devoted to pleadings, and the subject of provisional remedies is fully and thoroughly treated in four chapters. It should be remembered that the whole subject of pleadings, as considered in this book, is adapted for use, not only in the State of New York,

but in all other Code States. Volume two will

Whether they were sweet or not does not appear; but it is distinctly charged that they were the property of the city in its mains, and that they were clandestinely appropriated by the defendant to its own use, and have never been paid for. If the water alleged to have been taken belonged to an individual or a private corporation authorized to deal in water, we apprehend there would be no question raised as to the right of recovery. The fact that the plaintiff is a municipal corporation cannot logically affect the right to recover, so long as it is endowed by law with the power to maintain water-works and furnish water to private consumers. The water in its pipes is property, it belongs to the city, it is of some value, and it is charged to have been taken by the defendant and never paid for. This makes a complete case, on very well-established legal principles. Nor can the fact that the city has established water rates and is empowered to collect such taxes from consumers as taxes are collected, affect the right to recover the value of water taken in defiance of the city's regulations. That method of payment was primarily intended for water sold by the city to jury, trial of issues of fact by the court and referconsumers in accordance with its rules. Granting that this method may be used also to recover payments for water clandestinely taken and converted, it cannot logically be held that it excludes the previously existing common-law remedy by way of an action for conversion. This proposition seems too clear for argument or discussion.

A contract by a man to support a woman who is about to marry his son, in case the son fails to do so, is held, in Wright v. Wright ([Iowa], 55 L. R. A. 261), not to be contrary to public policy.

treat fully of examination of parties before trial, the taking of commissions or depositions of documentary evidence, of the manner of procuring the trial and the manner of procuring a change in the attendance of witnesses, the subject of the place of place of trial, the manner of framing issues and preparation of cases for trial, the mode of bringing a case to trial and the procedure at Special and Trial Terms. The mode of trial of issues of law, trial by

ences will be discussed with a fullness that leaves treated will be those of costs, entry of judgments nothing to be desired. Other subjects very fully both after defaults and after trial, judgments by all courts, manner of enforcing judgments by execuconfession, appeals from judgments and orders in tion, sale of real estate upon execution, conveyance and redemption, etc. Volume three will be devoted particularly to special actions, including ejectment, partition and admeasurement of dower. A chapter will also be devoted to the foreclosure of mortgages, and of liens on chattels. This edition of Rumsey's

Practice will be new throughout, from entirely new
plates, and will be found to be really indispensable.
Judge Rumsey is everywhere recognized as a high
authority, and his most useful work, now thor-
oughly modernized, will be found more than ever
complete and authoritative.

The Insurance Law of New York. Compiled by
Andrew Hamilton. Albany: Banks & Co..

1902.

This excellent work consists of the Insurance Law, the General Corporation Law, the Stock Corporation Law, the Statutory Construction Law and the provisions of the Penal Code applicable to insurance companies as revised by the Commissioners of Statutory Revision, together with all amendments, and the Tax Law of 1896, as amended up to and including the present year. It contains copious notes of decisions and attorney-generals' opinions to date, which will be found to materially aid in construing the text of the Insurance Law, and, therefore, very valuable to insurance companies and all who are interested in the subject of insurance.

New York Penal Code. Albany: Banks &

Co., 1902.

This is the twenty-first edition of the New York Penal Code, revised by the amendments of 1902, which have been added or inserted in their proper place. The index has also been thoroughly revised so as to give access to the work in the most practical manner. The foot notes after each section are voluminous and extremely valuable to the active practitioner. The size of the book is a great convenience, as it may be used as a pocket code, as well as in the office.

placed with the law to which they are adapted. Copious notes have been added to some of the laws and arranged under the appropriate sections, giving all the decisions of the courts of this State to the date of publication. The work will be found complete, accurate, convenient and useful to the tents for ready reference, which so presents in order profession. There has been added a table of conthe necessary steps for incorporation, as to enable a layman to draft the papers for such purposes. The New Banking Law of the State. Albany: Banks & Co., 1902.

The Banking Law, as is well known, includes the General Corporation Law, the Stock Corporation Law, the Statutory Construction Law and the Tax Law of 1896. The amendments of 1898, 1899, 1900, 1901 and 1902, which are included in this edition are numerous and material. They relate to the incorporation of building and loan associations, securities in which deposits may be invested, verification of reports, investment of deposits and income of building and loan associations, restrictions as to banks and their officers and appraisals. The work will be found to be complete and authoritative. Code of Criminal Procedure. Albany: Banks &

Co., 1902.

This is the twenty-first edition of the New York Code of Criminal Procedure, with the amendments of 1902, each of which has been inserted with a memorandum of the chapter number by which the amendment was enacted. Numerous citations may be found in their proper place and the index contains cross-references to the subject matter of the Code. The index is very full and complete so as 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.

This is the latest edition of the New York Tax Law, with amendments of 1897, 1898, 1899, 1900, 1901 and 1902, prepared by the Hon. Andrew Hamilton.

Its merits are too well known to need repetition. It has been made additional useful by reason of a full and thorough cross-reference index. Statutory Revision of the Laws of New York Affecting Miscellaneous Corporations. Prepared by Andrew Hamilton. Albany: Banks & Co.,

1902.

criminal law, while the index to the forms at the end of the work makes it most complete in every particular.

Sociologic Studies of a Medico-Legal Nature. By

Louis J. Rosenberg, LL. B., and N. E. Aronstam,
M. D., Ph. G. Chicago: G. P. Engelhard &
Co., 1902.

In these essays, heretofore published at various times within the past few years in well-known periodicals and now collected for permanent 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.

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