with the following touch of barbaric and unrestrained rhetoric in the statement of facts: "The Aquila had been anxiously expected at San Francisco with her cargo. Her foundering in an exposed and difficult part of the bay, made the loss of the monitor highly probable. The public mind, excited by the civil war then raging, and by fears of attacks by hostile cruisers on a harbor and city inadequately defended, was shocked by the shipwreck of the only sure means of protection provided by the government for both; and this feeling extended itself throughout the country." In another part of this statement, which covers seven pages, in describing the difficulty of the salvage he says: "One of the long, crooked iron ribs coming away, cut off a finger of an experienced diver. He dived no more." This is quite as significant as "That day we read no more," in Dante's episode of Francesca da Rimini. Mr. Wallace should not presume on his readers' acquaintance with the classic tongues, as he ungenerously does by the following abbreviation: "The guns, as well as the other heavy pieces, as ex. gr.., the pilot house," etc. Again: is not Mr. Wallace momentarily oblivious of the brevity of human existence, when, for "the facts are stated in the opinion," he writes and we have to read, in the case of The Carroll: "Going thus to questions of fact merely, no sufficient advantage would be gained by setting it" (the testimony) "out; more particularly since the important parts of it on both sides are so largely recapitulated in the opinion of the court, as to make sufficiently intelligible the principles of law meant to be established by the judgment." In the syllabus of Hudson Canal Co. v. Pennsylvania Coal Co., we read. "In the case of a contract drawn technically, in form, and with obvious attention to details, a covenant cannot be implied in the absence of language tending to a conclusion that the covenant sought to be set up was intended. The fact that the non-implication of it makes the contract, in consequence of events happening subsequently to its being made, quite unilateral in its advantages, is not a sufficient ground to imply a covenant which would tend to balance advantages thus preponderating." This, we insist, requires more thought than a syllabus is entitled to. Again, we submit that the reporter is not justified, by any thing in the known or presumed history of the plaintiff in the highly respectable leading case on the legal-tender question, in stigmatizing her as "a certain Mrs. Hepburn." This is not a tender way of treating the lady. But however scant of courtesy the reporter may be toward the lady, no such fault can be found with him in regard to the counsel whose names appear in this volume. He misses no opportunity to compliment them. We are officially informed that they made elaborate, able, or learned arguments, as the case may be. This is a very comfortable habit in a reporter. If we ever want to be reported, we shall ask, as was asked in De Quincey's essay on "Murder as one of the Fine Arts," Ubi ille est reporter?

A Treatise on the Remedy by Ejectment and the Law of Adverse Enjoyment in the United States: Embracing in full the statutory policy of the several states in respect to the action for the Recovery of Real Property. By Ransom H. Tyler, Counselor at Law, and author of a treatise on "Infancy and Coverture.' Albany: William Gould & Son. 1870.

Mr. Tyler seems to have a very erroneous idea of the meaning of the word treatise. The work before us, like his work on "Infancy and Coverture," is called a "treatise," when, in fact, it is little more than a digest. Here is a distinction with a difference, and we hope that the author will observe it in future works. But "treatise" or "digest," we believe that the book will prove of great service to the profession. It is many years since any work has been issued on either of the subjects embraced in this, and, if we remember rightly, our author is the first American writer who has made ejectment a special topic. During these years much has become obsolete, and many propositions and principles that were

regarded as settled law have either been restricted, extended or entirely swept away. There was real need of a new work which should contain the law as it now exists. This work Mr. Tyler has undertaken to furnish. He has gathered together and carefully arranged both the English and American decisions. That this has required a vast deal of research and labor is evident; that the research has been careful, and the labor well done, we are inclined to believe from the examination that we have been able to make.

The volume has been swelled to what seems to us a needless size by inserting the references in the body of the work-a very pernicious plan -and by adding the statutory provisions of the several states; but it is quite possible that these will prove of value on "occasions sudden."

We cannot pass the work without expressing regret that it does not contain a better index. An index of only eighteen single column pages to a book of over nine hundred and fifty pages is prima fucie too meager. The practitioner will experience difficulty in finding what he wants in the work. The author should bear in mind that the most valuable part of a law book is its index. If that be deficient, the work is comparatively useless, for few men can afford to waste time in running through a legal work to find what they require.

Reports of Cases at Law and in Chancery argued and determined in the Supreme Court of Illinois. By Norman L. Freeman, Reporter, Volume XLVII. Printed for the Reporter. Springfield, 1870.

This volume contains cases decided at the January, June and September terms, 1868. Ordinarily we should regard this as rather tardy reporting, but, in Mr. Freeman's case, we do not see how he could well hasten his labors. The state of Illinois has somewhere on its statute books a very foolish and vexatious law, requiring the reporter to report every opinion of the supreme court. This was perhaps not so objectionable ten or fifteen years ago, when all the cases decided in the year would hardly fill an ordinary volume, but now, when, by reason of the rapid increase in population, business, and, as a sequence, litigation, the cases submitted during the year are sufficient to fill four large volumes, the requirement becomes burdensome both to the reporter and to the profession. In connection with this, take the fact that the reporter is required to attend terms and conferences, occupying at least a third of a year, and leaving but eight months in which to prepare copy, read proofs, make indexes, etc., and it will become apparent that the office of reporter of the state of Illinois is not a sinecure.

Mr. Freeman suggests, in his preface, the propriety of a law vesting in the judges of the court the discretion to determine what ought and what ought not to be reported, and says that this would probably reduce the number of volumes of reports to two a year. It is to be hoped that the legislature will adopt this suggestion, especially now that the state is, as we believe, about to make some needed improvements in its judiciary affairs, by adopting the new constitution.

Of the manner in which Mr. Freeman has performed his work we can speak in the highest terms. We remember no reports that have come to our table that show greater evidence of legal knowledge, talent, skill and industry. We regard him as particularly happy in his manner of making the head notes or abstracts of cases. There are several methods of making a head note. One is, to give a simple, distinct, short statement of the legal principles involved in the decision. This is the most perfect and satisfactory abstract, but one which, to be successfully made, requires great skill in the reporter, since a reporter commanding a concise and perspicuous expression will give in three lines what a reporter of less skill would require a quarter of a page to state. Another form, and one which requires the least skill on the part of a reporter, is that which gives a brief digest of the facts, with the hold

ing of the court thereon. Mr. Freeman has, as a rule, followed the first of these forms, and has acquitted himself with skill. But, after all, the most noticeable feature in the volume before us, is the exhaustive and admirable index. It would have delighted Swift, who made indexes a sort of hobby.

Mr. Freeman has adopted the plan of publishing his own reports, which enables him to supply the profession at a considerably reduced price from what they have been in the habit of paying. This is a good thing for the Illinois lawyers, and should receive their cordial support.

TERMS OF THE SUPREME COURT FOR JUNE.

2d Monday, Circuit and Oyer and Terminer, Dutchess, Tappen.

2d Monday, Circuit and Oyer and Terminer, Westchester, Barnard.

2d Monday, Circuit and Oyer and Terminer, Jefferson, Morgan.

2d Monday, Circuit and Oyer and Terminer, Broome, Murray.

2d Monday, Circuit and Oyer and Terminer,Cattaraugus, Marvin.

2d Tuesday, General Term, 2d Department, Poughkeepsie, Joseph F. Barnard, Gilbert and Tappen.

2d Tuesday, Special Term, Schuyler, Boardman.

3d Monday, Circuit and Oyer and Terminer, Putnam, Barnard.

3d Tuesday, Circuit and Oyer and Terminer, Canton, Potter.

3d Tuesday, Special Term, Onondaga, Morgan.

3d Tuesday, Special Term, Chenango, Balcom. 3d Tuesday, Special Term, Erie, Barker.

4th Tuesday, Circuit and Oyer and Terminer, Sandy Hill, Potter.

Last Monday, Special Term, Monroe, J. C. Smith.
Last Tuesday, Special Term, Albany, Peckham.

LEGAL NEWS.

Western papers attribute the McFarland verdict to insanity in the jury.

Eighteen hundred and forty-three divorce suits are pending in Indiana courts.

The annual cost of the judiciary in Mississippi, under the new system, is estimated at $200,000.

The health of Chief Justice Chase is said to be failing so rapidly as to render probable his retirement from the bench.

Madame Krietzoff is the name of the Russian female lawyer who has just entered upon the practice of the law at St. Petersburg.

Judge Bradley, of the United States supreme court, was the recipient of a complimentary dinner from the members of the Galveston bar on the 19th ult.

Ex-Judge John H. Reagan, of Texas, says that the present laws of Texas are good, and the judges generally do their duty, but the juries are too lenient.

An Otsego county lawyer, who some months since was put off the cars on the Central railroad because he refused to give up his ticket before a seat was provided for him, has sued the company for damages.

Judge Humphreys, of the supreme court, District of Columbia, has required Mr. Bradley to enter into bonds to keep the peace toward Judge Fisher in the sum of $5,000.

Marcelino Martinez, a lawyer, who held a prominent position under Maximilian, died on the 16th ult., in San Francisco, where, since the latter's downfall, he had been eking out a precarious living by teaching.

Judge Irwin, for many years judge of the United States district court for the western district of Pennsylvania - including Williamsport - died in Pittsburg, a few days ago, aged 88 years. He was appointed by Gen. Jackson.

There is a man in Harrisburg who has had a case at every court of quarter sessions (either as prosecutor or prosecuted), except two, since 1824, extending over a period of forty-six years, and aggregating one hundred and eighty-two cases.

A middle-aged man was publicly punished with twenty lashes, by order of a court, in London, Ontario, a few days ago. The official flagellator wore a mask. Delaware will be pleased to learn this. It was the first case of whipping in Canada, under an act passed in 1869.

The United States circuit court, at St. Louis, has decided the case of Hollis v. Lieut.-Gen. Sheridan and Major-General Page, for false imprisonment and illegal confiscation of property, in favor of the defendants. The case will be carried to the United States supreme court.

Gen. John F. Appleton, who was recently appointed and confirmed as judge of the United States court for the eastern district of Texas, is quite ill in California, of consumption. He is the eldest son of Chief Justice Appleton, of Maine, and is a young man of sound judgment, high attainments, noble character and fine ability.

The value of confederate money is in question in a Chicago court, some citizens of Richmond, Va., having bought certain real estate in Chicago and paid therefor $8,000 in confederate scrip. The question is whether, since that paper was recognized as a legal tender in Virginia at the time of the transfer, the bargain was valid.

A Savannah jury brought in a sealed verdict a few days ago, the envelope bearing the indorsement: "The business of court could be expedited by the attorneys being prepared before the cases are called, and not having to study them during the progress of the trial, by which the jury, witnesses and judge are all put to inconvenience."

The Mordaunt divorce case, which has created a scandal in England almost equal to the McFarland trial in this country, is at last closed, not because the lawyers were tired out, or the capacities of the witnesses exhausted, but for the reason that the con

tinued insanity of the lady incapacitates her from making a legal reply, and further proceedings are necessarily dropped.

The innumerable heirs of Anneke Jans are still bothering the Trinity church people. The last move of their attorneys is to serve a capias on the wardens of Trinity church to appear in the United States circuit court, and answer a complaint against them by these heirs. The action has created quite a flurry among the magnates of Trinity, and the question of their right to hold the property will soon be brought to an issue.

After a verdict had been rendered in a late trial in Austin county, Texas, the judge addressed the jury in this way: By your verdict you have said the accused is guilty of no crime. Your verdict being contrary to law, contrary to the evidence, and contrary to the charge of the court, the court disapproves of your action in the strongest possible manner. It is by such verdicts as this upon the part of petit jurors that Texas has been brought into disrepute among the other states of this Union."

A curious will case has just been, temporarily at least, adjusted in Chicago. The testament was that of one Andreas Eckner. This document was drawn up by a Teutonic justice of the peace, who testified that when the will was executed the testator was so far gone that he could no more than aswer “yaw" to each question that was asked him. The justice further deposed that, to the best of his knowledge and belief, the said Eckner was "starved to death," possibly by impatient heirs in a hurry to realize. However, the case being given to the jury, they found "the instrument to be the last will and testament of the deceased."

NEW YORK STATUTES AT LARGE.* CHAP. 424.

AN ACT in relation to statistics of the poor.

PASSED April 27, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All the provisions of sections seventy-five, seventy-six, seventy-seven, and seventy-eight of chapter twenty, title one, part one, revised statutes of the state of New York, as amended by chapter two hundred and fourteen, laws of eighteen hundred and forty-two, and chapter one hundred, laws of eighteen hundred and fortynine, relating to reports by superintendents of the poor of the several counties of the state to the secretary of state, and the penalties for the neglect of duties under said acts, are hereby extended to and made applicable to the commissioners of public charities and correction for the city and county of New York, the superintendent of the almshouse of the county of Albany, the keeper of the poor-house of the county of Putnam, and the superintendents of the poor who are appointed by the boards of supervisors of the counties of Fulton, Herkimer, and Jefferson, the commissioners of the almshouse elected in the cities of Newburgh and Poughkeepsie, and all poor officers elected or appointed in other cities of the state under special acts of the legislature.

§2. The commissioners of the almshouse of the cities of Newburgh and Poughkeepsie, and the poor officers of other cities chosen under special acts of the legislature, shall annually, on the first day of December, report to the superintendent of the poor of their respective counties such statistics as, from time to time, may be required to be reported in the other cities and towns of this state, under the general laws of the state.

23. The superintendents of the poor elected or appointed to the several counties of the state, the superintendent in the almshouse of the county of Albany, the keeper of the poor house of the county of Putnam, and the commissioners of public charities and correction of the city and county of New York, are hereby required to make annual reports for their respective counties to the secretary of state, on or before the tenth day of January of each year (covering the year ending November thirty), upon the statistics of the poor required to be made by the acts hereby amended.

§4. The secretary of the state shall annually, on or before the first day of March, report to the legislature the results of the information obtained in pursuance of this act.

$5. The superintendents of the poor in counties in which there are no poor-houses, or in which the distinction between town and county poor has been revived, are hereby directed and required to procure from supervisors and overseers of the poor in the several towns in such counties the statistics necessary to enable them to make the annual report required by this act.

6. The secretary of state shall, from time to time, furnish the officials named in the first and second sections of this act with the necessary forms, blanks, and instructions required in making up reports upon the statistics of the poor.

27. The secretary of state is hereby authorized and directed to cause this act, together with all the general and special poor laws now in force in this state, to be compiled and published in pamphlet form, with such notes and explanations, forms and instructions adapted to the several systems of supporting the poor, as in his opinion may be necessary, and that he cause the same,

*These laws have been carefully compared with the originals, and may be relied upon as accurate. We have not thought it necessary to take up space by attaching to each the certificate of the secretary of state which is attached to the copy from which we print. -ED. L. J.

when published, to be distributed to superintendents and overseers of the poor and keepers of poor-houses in this state, also to town and city clerks, county clerks, and clerks of boards of supervisors in this state.

CHAP. 461.

AN ACT to amend an act entitled "An act to more particularly define the duties of overseers of highways, and their appointment, in conformity with the provisions of chapter five hundred and twentytwo of the laws of eighteen hundred and sixtyfive," passed May ninth, eighteen hundred and sixty-eight.

PASSED April 28, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Sections four and five of chapter seven hundred and ninety-one of the laws of eighteen hundred and sixty-eight, passed May ninth, eighteen hundred and sixty-eight, are hereby amended so as to read as follows: §4. Section forty-seven of article third, title one of chapter sixteen of the first part of the revised statutes, is hereby amended so as to read as follows:

247. Every overseer of highway shall, on or before the first day of October in each year, make out and deliver to the supervisor of his town a list of all resident landholders residing in his district who have not worked out their highway assessment or commuted for the same, with the number of days not worked or commuted for by each resident of his district, charging for each day in such list at the rate of one dollar and fifty cents per day; and also a list of all the lands of non-residents and of persons unknown, which were assessed on his warrant by the commissioner of highways, or added by him according to law, on which the labor assessed has not been performed or commuted for, and the number of days' labor unpaid by each, charging for the same at the rate of one dollar and fifty cents per day; which list shall be accompanied by the affidavit of the overseer, duly certified, that he has given the notice required by the thirtysecond, thirty-third, and thirty-fourth sections of this title, and that the labor for which such residents and such land is returned has not been performed or commuted. §5. Section fifty of chapter sixteen of the revised statutes, mentioned in the preceding section, is hereby amended so as to read as follows:

50. It shall be the duty of each board of supervisors at their annual meeting in each year to cause the amount of such arrearages for highway labor returned to them severally, as provided in the preceding section, estimating each day's labor at one dollar and fifty cents a day, to be levied on the lands of all residents and non-residents returned as aforesaid, as returned by the assessors of the several towns, and to be collected in the same manner that the contingent charges of the county are levied and collected, and to order the same when collected to be paid over to the commissioners of highways of the towns respectively, to be by them applied to the construction, repair, and improvement of the roads and bridges in the district in which the labor was originally assessed. 22. This act shall take effect immediately.

CHAP. 552.

AN ACT in relation to towns having a public debt. PASSED May 2, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever a town has a public debt, consisting of bonds or other evidences of debt issued on the credit of said town, it shall be the duty of the supervisor thereof, and he is hereby directed and required, to make a report to the board of supervisors of the county at the next annual session thereof after the passage of this act, and at every annual session thereafter, of the amount of the public debt of his said town.

2. The said report shall be in tabular form, specifying the different acts under which the bonds or debts were issued, with the rate of interest thereon, the amount unpaid at the time of the election of such supervisor, and the amount of debt paid at the date of his said report, and coming due during his term of office.

3. The report so made to the board of supervisors shall be published in the annual report of the proceedings of said board.

24. It shall also be the duty of such supervisor, and he is also directed and required, at the expiration of his term of office, at the annual town meeting for the election of town officers, to make and present thereto a duplicate copy of his report of the public town debt so made to the said board of supervisors, including and adding thereto the amount of bonds issued, and the amounts and interest paid, since the date of said report up to the day and date of his term of office, duly attested before a justice of the peace of his said town, and which said report shall be filed in the town clerk's office of the town, subject to the inspection, when required, of any elector thereof.

§ 5. All such bonds, and coupons thereof, paid, shall be canceled and burned by the town auditors of the town, at a meeting thereof to be held for that purpose within ten days previous to the annual town meeting; and a record thereof shall be filed, signed by the said board, in the office of the clerk of said town.

26. Any supervisor or other officer neglecting or refusing to perform any duty imposed by this act shall be deemed guilty of a misdemeanor, and shall forfeit, upon conviction, the sum of two hundred and fifty dollars for such offense, and be imprisoned not exceeding sixty days.

CHAP. 717.

AN ACT to authorize the sale of real estate in which any widow is or shall be entitled to dower, in satisfaction and discharge thereof.

PASSED May 6, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. In any action now pending, or which shall hereafter be brought, in the supreme court of the state of New York, or in any county court of any county in this state, by any widow, to recover her dower or right of dower in any real estate, or to procure the admeasurement thereof, the plaintiff in such action may file, in the office of the clerk of the court in which such action is or shall be pending, a consent in writing signed by her, the execution of which shall be acknowledged or proved in the manner now required by law to entitle a deed to be recorded, and in such consent may consent to accept a gross sum of money in full satisfaction and discharge of her dower and right of dower in such real estate, to be estimated on the net proceeds of a sale thereof, to be adjudged by the court, and may therein consent that the court may ascertain the amount of such gross sum of money in the manner authorized by the fifth section of this act. If the court in which such action is or shall be pending shall be satisfied that a portion of such real estate cannot, under the laws of this state now existing, be admeasured and laid off as the dower of such widow in the whole of such real estate without material injury to the interests of the parties in interest, or to the interests of some of them, and if the consent mentioned in this section shall have been filed as aforesaid, then, and in that case, such court shall have the power, and it is hereby authorized, in any such action, to adjudge and decree that such real estate be sold at public auction by the sheriff of the county in which such real estate is, or by a referee to be appointed by such court for that purpose, and such sale shall be made in the same manner, and notice thereof be published for the same length of time, as now provided by law in regard to the sales of real estate adjudged in an action to foreclose a mortgage.

§ 2. The court in any such action shall also have authority to direct that all taxes, assessments and water rates which are liens upon the real estate so adjudged to be sold at the time of the sale thereof, be paid out of the proceeds of such sale, and to direct that the sheriff or referee making the sale, with and out of such proceeds of sale, redeem such real estate from all sales thereof for unpaid taxes, assessments or water rates, and the plaintiff in any such action, if a sale of real estate shall be adjudged therein, shall be entitled to recover her costs and disbursements of such action, to be paid out of the proceeds of such sale.

§ 3. The court, in any action in which the sale of any real estate shall be adjudged, as hereinbefore authorized, shall also therein adjudge and decree that all the parties to such action shall, upon such sale being made, be barred of and from all the estate, right, title and interest whatsoever, which they and each of them had in such real estate at the time of such sale.

§ 4. If the right of dower of any widow in any real estate which shall be adjudged to be sold, pursuant to this act, shall be subject to any prior lien or incumbrance by mortgage or judgment, the court in any such action shall, in its discretion, have power to adjudge that the sale of such real estate be made subject to such lien or incumbrance, or it shall have power in its discretion to direct the sheriff or referee to pay such lien or incumbrance out of the proceeds of the sale thereof.

25. The sheriff or referee who shall sell any real estate adjudged to be sold pursuant to this act shall file his report of sale therein, stating the amount for which he sold the real estate, and the amounts which, pursuant to the directions of the court, he shall have paid out of the proceeds of sale, and the purposes for which such payments were made, and the net amount of proceeds of the sale remaining after such payments, and, on such report being confirmed, the court shall ascertain, by reference or otherwise, what gross sum of money is equal to the then value of the plaintiff's dower in such net proceeds of sale, the same to be estimated according to the then value of an annuity at six per cent upon the principal sum during the probable life of the plaintiff, according to the tables commonly called the Portsmouth or Northampton tables, and such gross sum of money having been thus ascertained, the court shall thereupon order and direct the sheriff or referee who made the sale to pay to the plaintiff, or to her attorney in such action, out of the said net proceeds of sale, the said gross sum of money so ascertained, and such payment shall be in full satisfaction and discharge of the dower of such plaintiff in the whole of the proceeds of such sale, and the balance of such proceeds of sale shall be brought into court, and by it directed to be paid to the parties entitled thereto. The plaintiff, if required by any other party to the action, shall, at the expense of such party, on receiving such gross sum of money, execute and deliver to such party a release of the real estate so sold from her dower and right of dower therein.

6. If, in such action or proceeding, the consent mentioned in the first section of this act shall have been filed, and a sale of estate shall not be ordered as herein provided, and the lands to be admeasured shall be vacant or unimproved lots, the commissioners, if the widow shall so elect, shall admeasure and set off to her for herself, her heirs and assigns forever, as her absolute property, a portion and share of such lands, quality and quantity relatively considered by them according to the value of her interest and estate in dower in gross, and which in value shall be deemed, upon the principles of law applicable to annuities, a reasonable satisfaction for such estate or interest in such lands, designating the share and portion by metes and bounds, and they may employ a surveyor with necessary assistants to aid them therein, which lands, when so allotted to said widow, shall be held by her in fee simple as her absolute property, but in full satisfaction of her dower and interest in such lands.

27. This act shall take effect immediately.