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event of his death, from the custody of her mother; and if she do so, the court has jurisdiction to order her to return, or to be restored to such custody. Ct. of Q. B., Ireland, Aug. 11, 1877. In re Smythe (Ir. L. T. Rep.).

RECENT BANKRUPTCY DECISIONS.

COMPOSITION.

Maker of accommodation paper not discharged by composition with indorsers.-Where the holder of accommodation paper, knowing it to be such, enters into and signs a resolution of composition in proceedings in bankruptcy instituted against the indorsers, the maker is not thereby discharged from his liability. Sup. Jud. Ct., Massachusetts. Guild v. Butler, 16 Nat. Bankr. Reg. 347.

EXAMINATION.

Violation of order for, by debtor.-Where a bankrupt has been ordered to submit himself to further examination, a departure from the district before the time appointed, without examination, is such a violation of the order that no discharge will be granted until it is rectified by submission to such examination. U. S. Dist. Ct., Vermont. In re Kingsley, 16 Nat. Bankr. Reg. 301.

MORTGAGE.

When assignee permitted to redeem in foreclosure suit. -Where the former assignee of the bankrupt, a second mortgagee, was made a party defendant in a suit to foreclose the first mortgage, and died after entry of a decree pro confesso but before final decree, and his successor is not made a party to the suit, a sale will not affect the second mortgage, and the assignee will be permitted to redeem. Sup. Ct., Michigan. Avery, assignee, v. Ryerson, 16 Nat. Bankr. Reg. 289.

SURETYSHIP.

Discharge in bankruptcy o sureties on an appeal bond: when it must be pleaded.-In Mississippi a judgment against the sureties on an appeal bond follows upon rendition of a judgment against the principal. Where sureties upon an appeal bond are discharged in bankruptcy pending such appeal, they must plead such discharge before judgment on the appeal, if they desire to avail themselves of it as a defense. Sup. Ct.. Mississippi. Jones v. Coker, 16 Nat. Bankr. Reg. 343.

BOOK NOTICES.

FIELD ON CORPORATIONS.

A Treatise on the Law of Private Corporations. By George W. Field, Author of "A Treatise on the Law of Damages," etc. Albany: John D. Parsons, Jr., 1877.

A

NEW work on Private Corporations has for some time been needed. The treatise of Angell & Ames, though thoroughly excellent in every particular, was of the past and could not be successfully made a modern book by annotations and emendations. Since they wrote, extensive and important additions have been made in every department of the law of corporations, both in principle and application, so that nothing short of an entire restatement of the rules governing that law in all their details, would faithfully represent it as it exists at present. And that a treatise on the law in force to-day was needed, no one who contemplates for a moment the vast body of capital invested in corporate enterprises, and the enormous

amount of business done by or on account of corporations, will doubt for a moment. At the beginning of the present century, probably not one person out of a hundred had ever had dealings with a business corporation, and the only examples of such an institution were an occasional bank, a few turnpike companies and perhaps half a dozen organizations for some other purposes scattered through the country. Today, however, every nook and corner of the nation has its little corporation for insurance, for manufacturing, for printing, while the great railway, express aud telegraph companies cover the land with the manifestations of their wealth and enterprise. Therefore, the law relating to these organizations is liable, and indeed certain, to be of interest to every individual in the country, and every practicing lawyer must have questions under it presented to him almost daily. Claims by and against banks, and against railway, express, telegraph and insurance companies, are familiar to every member of the bar, and the calendars of the courts are burdened with cases in which these associations are plaintiffs or defendants. A knowledge of the law of corporations as it exists to-day, is for this reason essential to every practitioner, and consequently a treatise wherein such law, in its latest development, should be fully and accurately presented, has for some time been anxiously looked for, and the announcement made several months since, that Mr. Field, who had already achieved a high position among legal writers by his work on Damages, was preparing a treatise on the law of Private Corporations, was greeted with pleasure. The ability, experience and learning of the author were a sufficient guarantee that what he did would be well done, and that the long-felt need would be met in a way that would satisfy the profession, and the present volume realizes all that was anticipated.

The work is divided into twenty-three chapters, a chapter being devoted to each of the following topics: Description, definitions and history; How corpora tions are created; Private corporations, nature and character of; Perpetual succession; Members, stockholders and stock; Directors; Officers and agents; Corporate meetings; Corporate contracts; The corporate seal; By-laws; Liability of corporations for torts; Suits at law by or against corporations; Suits in equity: Receivers; Amalgamation and consolidation; Eminent domain; Quo warranto; Liens and their priority; Dissolution; Mandamus; Taxation; Negligence and wrongful acts of agents and servants. Each leading principle under a topic, as a rule, occupies a section, which is prefaced by a running title denoting its contents. These principles are usually expressed in the very language of the decisions, wherein they are found, with sufficient fulness to render them easily comprehended, and with sufficient of the reasoning of the court to make certain their authority. Indeed, we think the author has in several instances erred in this respect, giving too much of the argument of the court. The quotation from Western Railway v. Babcock, on page 438, is an example of this

On the whole, however, the book of Mr. Field very much pleases us, and we can recommend it to the profession as a work wherein the law upon the subject of private corporations is accurately, logically and elegantly presented. The volume is excellently printed and bound, coutains a good index and a carefully prepared table of cases cited.

BLUMENSTIEL ON BANKRUPTCY.

The Law and Practice in Bankruptcy. A complete Treatise of the Law of Bankruptcy, being Title LXI of the United States Revised Statutes and Amendments, with the decisions thereunder; together with a full reference to all the important adjudications made in England upon similar provisions. An exhaustive review of the practice under the law, with all the forms, rules in equity and general orders established by the Supreme Court of the United States, arranged in logical order. By Alexander Blumenstiel, of the New York Bar. New York: Ward & Peloubet, 1877.

The field of bankruptcy law seemed to be quite well filled by the treatises of Mr. Bump and others, yet we will not say that the present volume will prove unwelcome to those of the profession who do business in the bankruptcy courts. It is in several respects better fitted than some of its predecessors for the use of the practitioner. It is both elaborate and logical, containing the whole body of bankruptcy jurisprudence, systematically arranged and presented in such a way as to be understood by every one-something that cannot always be said of all works of this kind. The bankrupt law itself is far from being clear in its terms, and the decisions of the courts as to its meaning have often been contradictory -a circumstance which in some degree has contributed to the popular feeling against it; and we have heretofore had no work of any size which has undertaken to treat of it in an elementary manner. This we understand to be the aim of the book before us, and we believe the author has succeeded in what he has attempted to do. The book is well printed and bound, and carefully indexed, and contains a table referring to the cases cited. All the necessary forms are given, and in fact every matter in law or practice that is liable to arise is referred to. For both the student and the practitioner the book will prove a valuable aid.

CODDINGTON'S DIGEST OF TRADE-MARKS.

A Digest of the Law of Trade-Marks, as presented in the reported adjudications of the courts of the United States, Great Britain, Ireland, Canada and France, from the earliest period to the present time; together with an appendix containing the United States statutes and the treaties of the United States concerning trade-marks, and the rules and forms of the United States Patent Office for their registration. By Charles E. Coddington, Counselor at Law. New York: Ward & Peloubet, 1877.

This work must prove of great value to those among the profession who are called upon to act in cases involving trade-marks, as it collects together a mass of law very widely scattered, and to most persons inaccessible. There are several valuable elementary treatises upon the subject, and a very good collection of leading cases; but heretofore no digest, containing every thing in English, French, Canadian and American law, has appeared. The law regulating trademarks, though of somewhat ancient origin, is very largely of quite modern production. Nine-tenths of the decisions upon this topic have been made within the last thirty years, and more than half of them since the year 1865. The materials for the digest, therefore, have accumulated only within a very brief period. The volume before us appears to have been carefully prepared. The arrangement combines the analytical and alphabetical methods, and the index being full and systematic, the contents are rendered easily accessible to every one. The French decisions are given separately. A table of cases affirmed, criticised, reversed and cited in opinions in cases referred to is given in addition to the usual table of cases cited.

The work contains the statutes and treaties between the different countries and the United States in relation to the subject. The rules of the Patent Office and the official forms required in the registration of trade-marks are also given. The volume is excellently printed on good paper, and is well bound.

CORRESPONDENCE.

THE GRAMMAR OF THE NEW CODE.

To the Editor of the Albany Law Journal: SIR Had the commissioners to revise the statutes authority to change the laws of the English language as well as those of the State of New York?

If not, by what right have they abolished the subjunctive mood?

For instance, the Old Code reads (section 104): "If an action shall be commenced within the time prescribed therefor, and a judgment therein be reversed on appeal, the plaintiff, or if he die and the cause of action survive," etc. The New Code changes this into (section 405): "If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal * the plaintiff, or if he dies and the cause of action survives,” etc. Four mistakes in one sentence! And these blunders have plenty more to keep them company.

***

Why such a fierce hatred of the subjunctive, and this inordinate passion for the indicative?

In familiar conversation and correspondence, a little carelessness may be pardoned, but should not the statute law of a country be a model both as to style and grammar, and not a string of blunders that would disgrace a school boy?

Is this massacre of subjunctives a cruel deed, done with malice aforethought, or must the commissioners plead Dr. Johnson's frank excuse: "Ignorance, madam, pure ignorance!" T. C.

NEW YORK, 17th December, 1877.

COMPELLING PRISONER TO FURNISH EVIDENCE, ETC. To the Editor of the Albany Law Journal:

SIR-In reading your comments on 21 Am. Rep., in the December number of your excellent journal, I was struck with the justness of your comment upon the case of State v. Graham, 74 N. C. 646. The evidence against the prisoner was most certainly incompetent. No man shall be compelled to furnish evidence against himself is the edict of the organic law of our government, and upon this express ground, the Supreme Court of our State reversed a case at its last term where the prisoner, who stood indicted for murder and was compelled to put his foot into sand so that his track might be identified as the same one found in the mud, near the scene of the murder. To compel the prisoner to "put his foot in it," is only another way of making him say "I did it!"

As to the case of The State v. Neely, 74 N. C., it is sufficient to say that the opinion of the court convicting the prisoner because he ran after the girl, is an absurdity so gross that it blunts common sense. The judge who delivered it should have been "on the jury," with an enligthened judge presiding to curb his 'experience" and prejudice.

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COURT OF APPEALS DECISIONS.

The London Punch furnishes the latest judicial

THE following decisions were handed down on Tues- charge. It is the case of Brown v. Jones, just tried

day, December 18, 1877:

Judgment affirmed, with costs - Collins v. N. Y. C., etc., R. R. Co.; Nelson v. Sun Mutual Ins. Co.; Knapp r. Anderson; Brown v. Kiefer; Taber v. Delaware, etc., R. R. Co.--Order affirmed, with costs - In the matter of Hermance v. Supervisors.- Appeal dismissed, with costs-Stewart v. McCool.- Order granting new trial affirmed and judgment absolute for plaintiff, with costs- - Worster v. Forty-third Street, etc., R. R. Co.- Order of General Term affirmed and judgment absolute for plaintiff on stipulation, with costs Knolls v. Barnhardt. Judgment reversed and new trial granted, costs to abide event Cowing v. Altman.- Order of General Term reversed and judgment on report of referee affirmed, with costs-Coughlin v. New York Central, etc., R. R. Co.- -Order granting new trial reversed and judgment at Circuit affirmed, with costsKnox v. Hexter.

THE

NOTES.

Journal of Jurisprudence and Scottish Law Magazine, for December, contains several articles of more than usual interest. In the leader, entitled "Our Majority," the Journal commemorates the completion of its twenty-first year, and reviews the important legal incidents which have occurred during the period covered by its publication. "Scottish Prisons" is an interesting contribution upon the now prominent subject of prison reform. "Notes on the Social Science Congress," at Aberdeen, contains critiques upon the essays read on "The Law of Infanticide," on "Prison and Reformatory Labor," and on "Our Detectives." Under the head of "Reviews," the leading legal periodicals of England and America are mentioned, with such criticisms or commendation as the reviewer deems each to be entitled to. Of the ALBANY LAW JOURNAL he speaks thus;

"The ALBANY LAW JOURNAL is one of the most enterprising and largely circulated of American legal weeklies. During the year 1877 it has kept up to its usual high standard of excellence. Its reports of cases are carefully prepared and well selected, while its original articles speak well for the learning and ability of the members of the legal profession of the State of New York."

A somewhat novel case was recently decided by the Supreme Court of Pennsylvania. One Barclay was the owner of a ticket in a lottery, which he passed over to an acquaintance named Newhouse. The ticket drew a pair of horses, of which Newhouse obtained possession. Barclay transferred all his right to one Kestner, who went to Newhouse, and by threats and menaces succeeded in acquiring possession of the horses. Newhouse then brought an action of replevin for the horses against Kestner. The evidence was conflicting as to whether the transaction was a gift of the ticket and of whatever it might draw, or whether it was handed to Newhouse to obtain what it might draw, as agent for Barclay. The court held that Newhouse could recover, saying he had the actual possession of the horses under a claim of title. Kestner sought to prove property through an illegal transaction, which could give him no right. The jury has found that he obtained the possession of the property from Newhouse against his will, and by threats, menace, duress or force. This leaves Kestner without any foundation upon which to rest a claim.

before the Lord Chief Baron. It was a case of little interest. The plaintiff sued the defendant for money lent upon a bill of exchange. The bill was presented in due course and dishonored. There was practically no defense. The Lord Chief Baron, in summing up, said he was delighted to have this opportunity of addressing the jury upon several subjects of importance. The other day he had given the Lord Mayor his opinion about the present war-a war which was a disgrace to the Emperor of Russia and a scandal to Europe. On this occasion he would touch upon other topics of international interest. He wished to call their attention to Prince Bismarck. To the far-seeing cruelty of this statesman France owed her present painful position. Had the German premier been satisfied to conclude the war before the late Emperor of the French had surrendered at Sedan, there is every reason to believe that a Napoleon would have been seated on the throne of France at this very moment. To the overthrow of the empire may be traced the terrors of the commune. Bismarck also had a hand in the Danish and Austrian wars-two campaigns full of disaster to the natural allies of England. Altogether, he thought it his duty, sitting there as he did in the character of a judge of the land, to condemn the conduct of the German statesman in the strongest possible language. He must add, too, that he looked with some alarm at the warlike preparation reported to be making in Italy. Why should Italy arm? Did she wish to attack the Turks? Was she playing into the hands of the Russians? These questions some judges would leave to the jury to decide. He refused to do any thing of the sort. He thought it his duty, as Lord Chief Baron, to rule that the Italians were decidedly wrong. They must take this from him seated on the bench. His lordship then severely criticised the conduct of the Khedive of Egypt and reviewed the history of Spain during the last five years. At this point the fifth edition of the evening paper was handed in. The Lord Chief Baron, having hastily glanced at the latest intelligence, continued his summing up. There was nothing knew in the paper before him. Of course, there was a great many rumors; but they might take it from him that rumors must be received with the greatest possible caution. He had no wish to embarrass Lord Beaconsfield by any remark that he might make while in discharge of his judicial duties; still, he thought it only right to tell the jury that unless the Premier walked in the ways of the late Lord Palmerston, England's prosperity might become a thing of the past. We had great interests in India, and those interests must be carefully watched and guarded. His lordship here read several extracts from the works of Captain Burnaby to prove that the Turk was infinitely to be preferred to the Russian. His lordship regretted that he had not a large map and a black board, and even a magic lantern, with a few dissolving views. Had he these useful articles, he ventured to think he could have made his lecture, if not more intelligible, at least more entertaining. He regretted the lateness of the hour prevented him from saying a great deal more upon the very interesting subjects that had been attracting their attention. In conclusion, he could have no hesitation in directing the jury to find a ver dict against the Russians generally, and in the present case to give the plaintiff the money that clearly was due to him. The jury (having been awakened by the usher) immediately found a verdict for the plaintiff, and the proceedings terminated.

ALL communications intended for publication in the LAW JOURNAL should be addressed to the editor, and the name of the writer should be given, though not necessarily for publication.

Communications on business matters should be addressed to the publishers.

The Albany Law Journal.

ALBANY, DECEMBER 29, 1877.

CURRENT TOPICS,

THE legislature of this State, which assembles for

its regular annual session next week, bids fair to have presented for its consideration an unusual amount of business. The law regulating procedure was left last spring in an unfinished condition, and there will be an earnest demand that what was undertaken be finished or that a step backward be taken; that is, that the nine chapters necessary to complete the new Code be enacted or that the old Code be restored. Those who are active in advocating the restoration of the old Code, or something like it, will probably ask that other important changes be made in the statute law, perhaps the adoption of the Codes prepared some years since by the commissioners appointed by the legislature for that purpose. These Codes have been approved and adopted wholly or in part in a majority of the States, while not a single one of them has been enacted here. The excise law has given so much trouble during the past year since the meaning of an important section has been settled by the Court of Appeals, that a very urgent effort will be made for its modification. It is to be hoped that a law may be devised that can be enforced. The present statute is full of traps and pitfalls put there, not for the purpose of regulating, but of preventing, the sale of liquor, and is so uncertain and dishonest in its provisions that public opinion will not sustain it, and if not abolished it must remain to a very large extent a dead letter. Both it and the civil damage law are a discredit to our statute book, and it is to be hoped that the present legislature may erase them therefrom. We presume the usual attempts will be made to abrogate the usury law, and we trust that the legislative mind may be sufficiently enlightened to render those attempts successful. It is to be hoped that the exposure during the past season of the dishonest practices of managers of insurance companies may encourage the passage of laws regulating the contract of insurance. The derelopments made in the investigation of the affairs of the American Popular and other life companies, show that the various conditions inserted in policies are placed there, not to protect the companies against fraudulent practices on the part of applicants for insurance, but to enable the companies to avoid the VOL. 16.- No. 26.

policies when so disposed. Other things, also, will engage legislative attention, but if the law is made what it ought to be in the matters we have mentioned, the work of the session will satisfy the people generally.

an

The Court of Appeals of Maryland has decided that a negro is not entitled to admission to the bar of that State. One, Charles Taylor, who has for some time been studying in a lawyer's office in Baltimore, and as to whose intellectual and moral qualifications there appears to have been no dispute, and who has recently been admitted to practice in the Federal courts there, applied for admission to practice in the State courts. The Court of Appeals refused to grant his request on the simple ground that the law forbade it. The decision will, undoubtedly, be used as an argument that the black man is not given the same rights as the white man in Maryland, but we do not regard it in that light. The privilege of practicing at the bar as attorney and counselor is in no sense a right. The law-making power may impose such restrictions as it pleases upon admission, or may commit the whole matter to the courts. It is incumbent upon the authorities having the matter in charge to establish reasonable regulations, just as it is incumbent upon the legislature to make reasonable laws, but in making such regulations the interests of suitors, not those of applicants for admission, are to be consulted. If it is best for suitors that those who are to conduct their cases shall be selected from a particular sex and a particular race, and such is the rule, no one has any legal or moral right to complain. It seems best to those having the matter in charge, in most parts of Christendom, that educated males of full age shall alone be permitted to represent litigants before the courts. In Maryland, and probably in some other of the Southern States, only white males of proper age and qualifications are given the privilege, while in some of the Western States the opportunity to act as attorney and counselor is open to all, without distinction of race or sex, and we think, in one or two localities, without other qualification than that of age. As to which rule is the best opinions will differ, but we must confess that the bar of those States where the stricter rule prevails, contains a larger proportion of individuals, who possess the qualities which go to make up the model lawyer-intellectual ability, learning and high moral character than does that of those where every one that wishes may enter the profession.

The Governor has, we understand, selected Mr. Justice Ingalls, of the third district, as one of the general term judges of the first department. The bar of the third district very much regret that

Judge Ingalls is thus to be taken from them. While | there is in the first department a vast amount of business, and its bench may be entitled to the most able and experienced judges in the State, the third district should not be called upon to part with one so well fitted to perform the duties of the circuit as is Judge Ingalls. It is understood that he is himself averse to the designated change, and would prefer to retain the place he occupies at present. Besides, the business of the third district is so large as to require all the judicial officers, residing therein, to attend to it. If the Governor persists in his intention the large cities of Albany and Troy will be left without a resident judge who transacts special term business. Mr. Justice Learned is absent at general term a very large part of the time, and if Judge Ingalls is taken to New York the lawyers of the two cities named must go to Catskill or Kingston for every special term order required, when there is no regular special term in session in one or other of such cities. The action of the Governor will result in great inconvenience to the profession, which might have been avoided if another selection had been made.

It will be noticed from the announcement elsewhere that the Court of Appeals closed the business of the present term on the 21st inst., and adjourned sine die. An order was handed down convening the court for a new term to commence on the third Tuesday of next month, when a new calendar will be made of appeals wherein returns are properly filed and which are properly noticed for argument. The court has, during the past term, decided some very important cases, notable among which are the suits relating to the New York elevated railways. Two cases of unusual interest involving the constitutionality of the civil damage law, and others of less importance, are held under advisement until the re-assembling of the court in January.

The killing of a constable, in Chicago, by a woman, against whom he was endeavoring to enforce an execution, has called the attention of the public in that city to the disgraceful character of the ordinary business done in justices' courts there. It does not follow, however, that justices' courts in Chicago are in themselves any worse than the same institutions are elsewhere, but, as they afford greater opportunities therefor, the exposures made develop more cases of oppression and wrong, than would probably be discovered in another place.

The cause of this state of affairs is attributed to the circumstance that the constables who execute the process of the courts are chosen from a very low class of men, but this is not the true one. The fault is in the system, which gives great opportunity for petty injustice, and encourages such injustice

by making it profitable to those who conduct the business of the courts. Until our justices' court system is entirely reorganized this court will remain an instrument of wrong to rich and poor alike, and a scandal to our judicial organization.

The New York Herald, in a recent issue, intimates that the public have lost confidence in the justice and independence of the Federal Supreme Court in consequence of several decisions on questions of importance made during the past few years, particularly in those cases known as the "legal tender" and "granger" cases. The decision in the Chicago elevator case, Munn v. Illinois, is declared to authorize a clear invasion of private rights, and to be an attack upon private property." The Herald, therefore, concludes that there is but little hope left that the Supreme Court will remain what it has been supposed to be, the impregnable bulwark of private rights, and it looks with apprehension for its decision upon certain important questions now pending before it. The reasons given by the court for its decision in the case of Munn v. Illinois seem to us to be amply sufficient to sustain not only its correctness but the propriety of laws of the character of those whose validity was passed upon. But the question before the court was not what the Herald assumes it to be, whether the statutes regulating the price of storage in the elevator were just, but whether the State of Illinois had the right to pass them. The Supreme Court said that the State had power to pass them and that was all. It is the duty of the courts to declare what the law is and not what it ought to be, and the Supreme Court of the United States, when the constitutionality of a State law comes before it, can examine only that question. The laws of some of the States are frequently unjust and sometimes designedly so, yet as long as they do not infringe the provisions of the Federal Constitution, the Supreme Court cannot enjoin their enforcement. The tribunal may not agree with us upon every question, but we believe it is more likely to be right than we are or than any newspaper in the land.

Those interested in litigation in the District of Columbia have long felt the need of a thorough reorganization of its judicial system. The laws of Maryland regulating practice, which were in force at the time of the formation of the district, still prevail. While changes have been made in methods of procedure in every part of the country, the district retains the old cumbrous and technical commonlaw system. There is a prospect that this condition of things will not much longer continue, as an elaborate bill has been prepared under the supervision of leading members of the bar of both political parties, for the establishment of an entirely new

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