Eminent Domain-Kaüroad Built on Public Road--Additional Burden.-A railroad built upon a public road is an additional burden upon the Land, and the abutting owner is entitled to compensation from the company. Hastings & G. I. R. Co. v. Ingalls. Neb. Sup. Ct., Oct., 1883. 16 Hop. 689.

Kusband and Wife--Note in lieu of Alimony and Dower-Validity.—A woman may recover against her former husband upon a promissory note given by him to her, after she has obtained a divorce from him, in pursuance of a written agreement made before the divorce, and conditioned upon the divorce being dercreed, and which was called to the attention of the court granting the divorce, by the terms of which agreemeent, which were carried out by each party, she was to convey her land to him and give a release of all her rights of dower and homestead, and he was to give her a sum of money and the note in suit, which were to be accepted by her instead of alimony. Chapin v. Chapin. Mass. Sup. Jud. Ct., Sept., 1883. 16 Rep. 685.

Mortgage-Attachment.-Where

Insurance in a fire policy the amount of loss is made payable to a mortgagee, as his interest may appear, the sum is not subject to garnishment at the suit of creditors of the mortgegor. Mansfield v. Stevens. Minn. Sup. Ct., July, 1882. 16 Rep. 687.

Life Insurance-Assessment Plan--Insurable Interest-Assignment— Wager.-Where a person effects an insurance on his life in favor of one having no insurable interest in said life, and who afterwards assigns the policy to a third person, who also has no insurable interest, and who purchases the same for the purpose of speculation, the transaction is a wager; and if, on the assured's death, the insurer pays to the assignee the amount of the policy, the personal representative of the decedent can, in an action for inʊney had and received, recover from the assignee the said amount, less the expenses and premiums paid by him. Gilbert v. Moose. Pa. Sup. Ct., Oct. 1, 1883. 16 Rep. 699.

Mortgage-Redemption by Junior Lien-holder-Limitation.-—A junior lien-holder has an equitable right to redeem from a mortgage debt, which right is not cut off by a foreclosure to which he was not a party. And the right remains, notwithstanding the statute has expressly given a lien-holder the right to redeem, and the time prescribed by statute has expired. Am. Button-hole, etc., Co. v. Lex. Mut. Loan Ass'n. la. Sup. Ct., Sep., 1883. 16 Kep. 680.

Prosecuting Attorney-Duties. A prosecuting attorney is vested with a personal discretion as a minister of justice, and not as a mere legal attorney, and he must act impartially, as well in refraining from presecuting as in prosecuting. He must guard the real interests of public justice in behalf of all concerned, and he must not become entangled with private interests or grievances in any way connected with charges of crime Engle v. Chipman. Mich. Sup. Ct., Oct. 17, 1883. 16 N. W. Rep. 886.

Promissory Note-Consideration-Duress.-One who obtains a note and mortgage from an irregular practitioner of medicine, by means of threats to send him to the penitentiary for having made an alleged indelicate, indecent and injurious examination of the daughter of the former, while treating her for supoosed suppression of the menses, obtains no lawful, property in such note and mortgage, and the same will be enjoined. -Hullhorst v. Tscharner. Neb. Sup. Ct., Nov. 13, 1883. 17 N. W. Rep. 259.

Promissory Note-Lost.-The payes of a lost note which is payable to him or bearer, cannot maintain an action at law to recover the amount A court of equity alone can give relief. Adams v. Edmunds. Vt. Sup. Ct., 1883. 16 Rep. 702.

Res Adjudicats-Non-suit.—A judgment of dismissal (or non-suit) is not a bar to a subsequent action. Cheney v. Cooper. Neb. Sup. Ct., 1883. 16 Rep. 690.

Removal of Cause--Citizenship-Railroad Incorporated in Several States. -A railroad corporation incorporated in the several states through which it runs, is by a fiction of the law, for all purposes of jurisdiction, a citizen of each of the states; and it cannot remove a cause to the federal courts on the ground of its citizenship in the other states. Horne v. B08ton and Maine R. R. Co. U. S. C. C. D. N. H., Oct. 18, 1883.

16 Rep. 673.

Sheriff-Poundage-Judgment Creditor's Control of Execution.-No poundage can be claimed by the sheriff under an execution levied upon real estate, unless the debt is paid or a sale made; he is limited to the statutory fees for the services actually performed. An execution in the hands of the sheriff is subject to the control of the party (or his attorney), and he may be restrained from proceeding to collect under it. Peck v. City Nat'l B'k of Grand Rapids. Mich. Sup. Ct., Oct., 1883. 16 Rep. 686.

Statute of Limitations-Fraudulent Concealment.-1. The relation of debtor and creditor merely, is not a relation of trust and confidence, requiring the debtor to inform the creditor, or his representative, of the fact and extent of the debt, and he is guilty of no fraud if he withholds all the information, and the same if he gives a part and withholds a part. 2. To toll the operation of the statute of limitations, because of the debtor's concealment of the cause of action, there must be actual fraud on his part, fraudulent concealment by means of an affimative act. Sankey v. McElevey. Pa. Sup. Ct., Nov. 5, 1883. 14 Pitts. L. J. (N. S.) 129.

Statute of Limitations-Juagment-Presumption of Payment—Foreign Judgment.-1. The presumption of payment which exists in the case of a judgment that has run twenty years, is sufficient if not rebutted; but the fact that the judgment has not been paid may be shown. 2. In such cases it is unimportant that the judgment was rendered in another state; nor that by the statute of that state an action cannot be maintained upon it unless brought within six years from its rendition. Fanton v. Middlebrook. Conn. Sup. Ct. of Errors, 1883. 16 Rep. 651.

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Taxation-Corporation in Hands of Receiver.-The fact that the property and franchises of a corporation are in the hands of receivers, appointed by a United States court, does not affect the liability of the corporation to pay state tax accruing on gross receipts." It is not improper for the accounting officers of the Commonwealth to make a settlement for such tax against the corporation, in its corporate name, without naming the receivers. Phila. & Read. Ry. Co. v. Commonwealth. Pa. Sup. Ct., 1883. Ch. L. N. 70.

Tender-Admission-Verdict.-A tender is an admission of an amount due equal to the sum tendered, and a verdict cannot be rendered for less than the amount tendered. Den. S. P. & P. R. Co. v. Harp. Col. Sup. Ct., May, 1883. 16 Rep. 678.

Trespass-By Infant.-The responsibility of a child, as a trespasser, is not fixed by the law at any age; it is a question of fact for the jury. Hous. & T. C. R. Co. v. Simpson. Tex. Sup. Ct., Austin term, 1883. 16 Rep. 701.

Trust-Fraud- Conversion of Trust Property- Effect of Change of Form.-It is a general proposition, both at law and in equity, that if the property of a party has been wrongfully converted into another species of property, if its identity can be traced, it will be held in its new form liable to the rights of the original owner or cestui que trust. No change of the state or form of trust property can divest it of such trust, or give the agent or trustee converting it, or those who represent him in right (not being bona fide purchasers for valuable consideration without notice), any more valid claim in respect to it than they had before such change. This doctrine is applied to implied trusts as well as express, and to personal as well as real property held in trust. Dow v. Berry. U.S. C. C. E. D. Wis., Oct. 16, 1883. 18 Fed. Rep. 121.

Trust-Stock Held in Trust not Liable for Debts of Trustee.-National bank shares held in trust by a debtor is not property of his which he can lawfully sell, assign, or convey, or which may be taken on execution upon a judgment against him, nor will it pass by the assignment in insolvency of the trustee, either at common law, or under the law of estoppel. Sibley v. Quinsigamond Nat'l B'k. 133 Mass. 515.

Will-Executor as Trustee.-A testator, in his will, desired that his negro property, mules, stock, mill gin, etc., should be kept on his plantation for ten years after his decease, and used and worked thereon, and the profits applied to the education of certain children; and that, at the expiration of the ten years, the property should be sold and the proceeds paid over to persons named in the will. Held, that these powers and duties did not constitute the executor a trustee. An executor will be held to be a trustee when the duties are personal and involve direction, and are of a character not to be assumed and executed if the executorship is not accepted. Foxworth v. White. Ala. Sup. Ct., 1883. 16 Rep.

The following is the recent report of the committee on judiciary of the Cincinnati Bar Association, which had been instructed to consider the legislation necessary to carry into effect the judicial amendments:

"That the supreme court consist of five judges, one to be elected every two years for a term of ten years, at an annual salary of $6.000.

"That the appellate jurisdiction of the supreme court, except in cases in which judgment has already been rendered in inferior courts, be confined to corrections of errors of law in cases of felony, and in civil cases where the amount in controversy exceeds $500, excluding costs, or there is involved a franchise or freehold, or the validity of a statute of Ohio, act of Congress, or treaty of the United States, or the construction of the Constitution of the State of Ohio, or of the United States; and, in the correction of errors of law, shall extend to judgments of reversal by the circuit courts.

"That petitions in error from the circuit court be filed without leave, but from other courts only by leave of the supreme court. Sueh leave shall not be refused upon the ground that there is a remedy in the circuit courts, but the refusal of leave to file a petition in error in the supreme court, shall be a bar to any proceeding in error in the circuit court.

"That the state be divided into five circuits; that there be elected in each circuit, three circuit judges, for terms of nine years each, at an annual salary of $5,000-one judge to be elected every three years; that at least two terms of the circuit court be held every year, at such place within the circuit as the legislature may prescribe; that the appellate jurisdiction of the circuit court in all cases, be by petition in error, to reverse, vacate, or modify the judgment or final order of any, superior court or court of common pleas within its circuit.

"That where, in a ease not triable by jury, it is assigned for error in the circuit court, that the judgment, or final order, sought to be reversed, is contrary to law and the evidence, the sufficiency and effect of the evidence shall be considered by the circuit court, without reference to the finding of the lower court.

"That in cases triable by jury, the overruling of a motion. for a new trial in the court of common pleas or superior court, upon the ground that the verdict of the jury or finding of the court is contrary to the evidence, be reviewable upon error in the circuit court, when, in the opinion of that court, the decision of the court below is clearly against the weight of the evidence.

"We recommend that the law be amended, so that the trial judge, upon motions for new trials on the ground that the verdict of a jury is contrary to the evidence, shall consider the sufficiency and effect of the evidence, independently of the verdict of the jury, and decide the motion accordingly. We further recommend that the bar of the state and citizens gen erally, be urged to use their influence in securing an organization of the circuits, and the selection of judges, free from all political considerations."

The suggestions in this report are, in many respects, commendable. It is possible that by making the circuit court purely a court of error, the business may be disposed of with five circuits. But the court, outside of Hamilton county, would be a very considerable portion of its time, on the wing. It would be necessary to hold fifty terms yearly in some circuits, if two terms are to be held annually in each county, because some of the circuits would necessarily include at least