« AnteriorContinuar »
Sixth. Each member of the Committee shall examine day and hour on which the action will be tried.” A the essays submitted, and designate the one, in his few general directions as to practice, pleading and eviopinion, entitled to the prize, and the award shall be dence are given, and the statement vouchsafed that made upon a plurality vote. The essays may be sent the “officers of the court will show the complainant by mail or express in turn to each member of the how to manage." It is also mentioned that “in horse Committee. All business of the Committee may be cases the evidence will be conflicting, one party diconducted by correspondence, when that shall be the rectly contradicting another,” a fact which is well most convenient method.
known to every one who has had the least familiarity Seventh. The necessary expenses of the Committee with country litigation. We will warrant that every for postage, expressage, printing, etc., will be borne litigant who undertakes to prosecute or defend an out of the general funds of the Association.
action, taking this chapter as a guide, will very soon Eighth. The Committee will meet in Albany, on find out in what way this book brings its readers into Monday, November 19, 1877, the day preceding the trouble. The volume, as we said before, is a very next annual meeting of the Association, at 3 o'clock readable one, and, excepting the last chapter, its conP. M., at the Delevan House; and will also meet before tents will be found of value to horse owners. that time upon the call of the Chairman.
LYON & REDMAN ON BILLS OF SALE.
The Law of Bills of Sale, with an Appendix of Precedents
and Statutes, Second Edition. By George Edward Lyon
and Joseph Howorth Redman of the Middle Temple, LASCELLES ON PURCHASE AND SALE OF HORSES.
Esquires, Barristers at Law, Joint Authors of a Concise
View of the Law of Landlord and Tenant, etc. LonHorse Warranty, on the Purchase and Sale of Horsce, with Hints as to the Methods of Procedure in Cascs of Dispuite.
don : Reeves & Turner; Evison & Bridge. 1877. By Francis Henry Lascelles, LL. B., of Trinity Hall, This is one of those handy volumes which are comCambridge, and of the Inner Temple, Esquire, Barrister at Law. London: Reeves & Turner. Brighton: J. Beal
mon in England, each of which contains in a small & Co., 1877.
compass the principles and rules governing the subCOME years ago when examining books upon the ject treated. These volumes are not intended to dis
shelves of a law bookseller's store we came across pense with the necessity for using the larger works a volume designed to impart a knowledge of jurispru which more fully and elaborately consider the same dence to the multitude - a sort of every man's legal subjects, but rather to serve the double purpose of guide - and asked the gentleman in charge of the aids in getting at their contents and to act as substistore, himself a lawyer, his opinion of the work. tutes in places to which they, because of their bulk, “That book," said he, taking it up for a moment, cannot easily be transported. Indeed the law upon “will teach a man just enough law to get him into | almost every subject has grown to such an extent that trouble." The truth of this remark struck us at the elementary volumes which undertake to be exhaustive time, and we have thought of it whenever we have are necessarily ponderous. We must therefore have seen a legal treatise designed to instruct persons not before long an abbreviation of each elementary treatbelonging to the profession. This is the object of the ise if we desire to have such treatise readily accessible. book before us, and it is upon a subject concerning which The object of the volume before us is to furnish a a large number of people want legal information, and a concise and readable statement of the law affecting a subject about which, in country districts especially, | form of security of daily increasing importance both there is a vast amount of litigation. The book is well in England and here (it being known to us under the written, the author being, we should judge, equally title of chattel mortgage). It appears to be well and familiar with law and veterinary surgery. It is in carefully prepared and to give with accuracy the Engteresting reading, so much so that we have read it lish Statute Law and rulings of the courts thereon. from beginning to end, and states the law as it exists It will be of value chiefly in England, but there are in England correctly. The work contains four chap- many parts which will be found of use to the Ameriters. The first treats upon these topics: Warranty of can practitioner, especially chapters ll and IV, the first a horse, what is it; examples of warranty of different of which treats of what are personal chattels within kinds — general, qualified, limited, special; distinction | the bills of sale acts, and the latter of under what between warranty and representation; effect of a war circumstances a bill of sale will be void against crediranty by an agent or servant of a private person, or of tors under the statute 13 Eliz., ch. 5. One edition of a horse dealer; fraud; sale of horse “with all faults;" | the book has already been exhausted, althongh but a how to proceed if there has been a breach of war comparatively short time has elapsed since the first ranty. Chapter two treats of patent defects; sugges publication, which is an indication that it is a work of tions of the House of Lords committee on horses; | more than usual merit. meaning of terms “sound," “unsound,” “vice," "quiet to ride and drive." Chapter three treats upon
NOTES. the diseases and ailments of horses which legally constitute unsoundness, and also upou vices, and what are VESSRS. A. L. BANCROFT & CO. and Messrs. such. Chapter four pretends to give directions to the
M Sumner, Whitney & Co., of San Francisco, have unprofessional suitor how to proceed in the County issued a pamphlet entitled “The California Codes, Court to prosecute or defend a horse litigation without | Political, Civil, Civil Procedure and Penal; with a the assistance of a lawyer. The value of this advice general statement of the advantages of codification as will be seen by a single extract: “Let us consider bow exemplified by practical operation of the Codes of Eurohe (the suitor) should proceed. His best plan will be pean nations and the United States." It is the work to inquire from the officers of the County Court of of Hon. Creed Haymond, late chairman of the Calithe district in which he resides what to do, and they | fornia Code Commission. The contents are as follows: will give him every information, and will show him Definition of a Code and general remarks; difference how to bring his action; they will also tell him the I between a Digest and a Code: the object of a Code; several kinds of Codes; the province of a Code; de | has been written in every part of learning, and the sirability of a Code; advantages of a Code; adoption hazard avoided of encountering difficulties which have of Codes in other States and Territories; the expedi been already cleared, discussing questions which have ency of a Code; the flexibility of a Code; the Politi- already been decided, and digging in mines of literacal Code of California; the Civil Code; the Code of ture which former years have exhausted. If catalogues Civil Procedure; the Penal Code. The topics men- | made in the usual way are so advantageous, how much tioned are clearly and concisely treated, and the work more useful for this special purpose would one be, will be found of great value to those interested in the arranged as I have suggested ! Such a comprehensive subject of codification.
legal bibliography of all law books in the English lan
guage would now contain more than twelve thousand The sum in dispute in the case of Twycross v. Grant titles (twice the number of titles contained in Marand others, is £700. The law costs have already reached vin's, and over two thousand more than in any library £4,000, and the case is not yet finished. And this al catalogue), arranged under more than six hundred though Mr. Grant has all along conducted his own subjects, and would occupy more than fifteen hundred case in person, and dispensed with the expense of pages of the usual law book size. Every lawyer who counsel, with their army of solicitors, solicitors' clerks, wishes to do his duty to his client, and to obtain a recetc., etc. And yet we were told that the fusion of law ognized standing, must be a continual student - he and equity was going to make justice so cheap that it should be a bibliographer in his profession. It is his would be a positive luxury to go to law.-Irish Law province to be well informed as to the best and latest Times. - The London Times Berlin correspondent productions in every department of the law, particuwrites: "Dr. von Holtzendorff, the famous professor larly those relating to his branch of it ; by ready of international law at Munich, commenting upon the knowledge of this kind much time is saved and doubts De Tourville trial, protests against the continental and fears set at rest, safer counsel can be given, and a practice of proving a crime by a retrospective view of better and surer administration of law and justice the character and antecedents of the prisoner. The obtained in the courts, with a certainty which is now professor's article in the Berlin Gegenwart, showing not generally deemed characteristic of lawyers and of the excess to which this practice has been carried in their science. The editor of the Journal says, however, the De Tourville trial, attracts general attention." that since the above was written, the ‘Digest of Law
Publications' of Robert Clarke & Co., Cincinnati, has Mr. R. S. Guernsey, of the New York Bar, in an accomplished something in this direction." article in the last number of the American Library Journal, which is a valuable monthly, devoted to the An engineer of the royal ship Simoon was recently interest of book buyers, and published by F. Leypoldt, tried and convicted by a court-martial of stealing a 37 Park row, New York, speaks thus concerning legal | parrot. The main issue was the identity of the parbibliography: “At the present time we have to rely upon rot stolen with the parrot found; and one test of catalogues for knowledge of law books on a given sub identity was the “talk" of the bird. It was objected, ject. In 1847 there was published in Philadelphia the on the part of the prisoner, that evidence of the bird's most complete and comprehensive work of the kind favorite expressions could not be given, as falling ever attempted in the English language. Its title was within the rule of law which excludes evidence of * Legal Bibliography, or a Thesaurus of American,
what is said in the absence of the prisoner. This obEnglish, Irish and Scotch Law Books, together with jection was overruled, and the evidence was admitted. some Continental Treatises, interspersed with critical Thereupon the Daily Telegraph takes upon itself to observations upon their various editions and author- ridicule the decision of the court-martial, and to ask ity,' by J. G. Marvin, counselor at law. It covered “whether evidence founded on the conversation of a 759 pages. The arrangement was by authors' names, parrot would be received by any other tribunal save a and the index was by numerous subjects properly di
court martial.” It is the fashion, and in our opinion vided, under each of which is only the author's name. a very absurd fashion, to make game of military jusThe reports were arranged in the same manner, with tice; but we fail altogether to see any “error" in the out stating the country, State or court, save in the proceedings of this court. The rule of law to which body of the work under the individual reporter's we have alluded has nothing at all to do with this name. This was a serious detriment to the usefulness piece of evidence. It is obvious that any peculiarity of the book. It purported to contain all the titles of in a man or an animal - whether in size, shape, tono all law books, but more than five hundred titles of of voice, manner of speech, action, or the like-desuch books, previously published in Great Britain and serves to be considered upon a question of identity. the United States, were omitted. No other work of | Evidence that a man stammered in the pronunciation that nature has been published, with the exceptions of of particular words would certainly be admissible; catalogues of libraries, necessarily more deficient in and probably, also, evidence that he habitually used the list of books. Useful as Mr. Marvin's work still is, some strange oath or expression. Evidence that the it can only be ranked among alphabetically arranged bay of a dog was deep in tone, or that a woman's voice catalogues. In no branch of literature would a cata- was excessively shrill, must be at least as good evilogue, classified as I have suggested, become so useful dence of identity as the length of a dog's tail, or the as in that of jurisprudence. We have not now, and color of the woman's hair.-Law Journal. —Nearly never have had, the benefits and advantages which all the lawyers of St. Louis, without exception, ensuch a properly subject-classified catalogue would give. rolled themselves in militia companies during the late When we resort to library catalogues we find them all troubles. A reporter of the Globe-Democrat, calling arranged by authors' names (excepting that of the attention to this fact, remarked that the moral effect Library of Congress, published in 1869). These, as far of it would be to drive the rioters to their holes withas they go, are very useful. Dr. Johnson truly said : | | out striking a blow, as the lawyers of St. Louis were 'By means of catalogues only can it be known what I universally known to be "h-ll on the charge."
The Albany Law Journal.
ALL communications intended for publication in the bear the test of time or of abstract justice, and that LAW JOURNAL should be addressed to the editor, and the
is by according to recognized non-Christian powers name of the writer should be given, though not necessa rily for publication.
the same rights and requiring from them the same Communications on business matters should be ad obligations as would be the case were it dealing dressed to the publishers.
with a Christian sovereignty. The establishment of one rule to govern dealings with nations professing one regious faith and another to govern
those with nations professing a different faith inALBANY, AUGUST 25, 1877.
volves partiality and probably injustice, at least it
raises the suspicion that it does. CURRENT TOPICS.
It is said that the Irish judiciary have exceedTHE communication from the Hon. William Beach | ingly lazy positions, a very small part of their time
Lawrence in relation to the Institute of Inter- being required for the transaction of business comnational Law, appearing in our present issue, willing before them. This probably accounts for the attract the attention of all those interested in the readiness with which the Lord Justice of Appeals progress of international jurisprudence, both here rushes into a quarrel with those with whom he has and in other countries. This organization is liable to do directly or indirectly. It was not long ago to be confounded with the Association for the Re-| that he severely commented upon the decision of form and Codification of the-Law of Nations, but it another judge in a case which subsequently came is an entirely distinct body and seeks to accomplish before him on appeal, and this led to a meeting of the results aimed at by an entirely different method. the bar and condemnatory resolutions. A week or Its purpose is to procure an assimilation of legis- two ago he animadverted upon the Irish Reports in lation in different countries and the recognition of the language which, like that of the late Parson Browngreat principles of public law by means of treaties low, was not liable to misconstruction. The Counwhile the other body desires the adoption of a uni- cil of Law Reporting have retorted and feel that versal Code. There is no necessary conflict between they have vindicated themselves. The last attack the two organizations, both having one end in view of this belligerent judge is directed toward the but each choosing a different mode of reaching it. In House of Lords, which, it appears, has not only defact the mode preferred by the Institute is the one cided an Irish case in a manner that does not suit by which the laws of nations are already becoming | him, but has given reasons not in any way compliassimilated, and it must be the most effectual onementary to him in doing so. The attack is made until the differences between the statutes of the through the medium of a letter to the Times. He takes various countries, concerning like subject-matters, the pains to say that he is “not going to hint the are those of form rather than substance. There are, slightest question as to the correctness of that decihowever, some few things in relation to which a sion; like every award of the supreme tribunal, it general Code is now needed, not perhaps for the makes its own corrections—it is the law's last word,” purposes of justice, but for those of certainty and and then goes on to censure the individual members convenience. The Institute has already considered of the House for remarks made by them in giving very many of the questions at the present day aris- judgment, and to intimate that some of them did ing between the different powers, and has formula- | not know what they were talking about. This last ted its conclusions thereon. Other matters will manifesto of Lord Justice Christian must have decome before its coming conference to be held at stroyed whatever sympathy and support he may have Zurich, commencing the 8th of next month. The had in reference to his previous conflicts with the conference of the Association for the Reform and bar and reporters. In respect to the whole matter, Codification of the Law of Nations commences at the view taken by the Solicitors' Journal is correct, Antwerp a week earlier, so that it will be possible that while the general public may find a temporary for those desiring to do so to meet with both of the amusement in this exhibition of some very ordinary great bodies interested in the advancement of legal weaknesses of humanity in the occupant of a high science, and we doubt not many will avail them- and dignified position in the solemn temple of jusselves of the opportunity thus offered.
tice, to all who are concerned with the preservation
of that feeling of respect and reverence for the law The existence of a war between Turkey and Russia and its chief administrators which forms so large a will give prominence to the subject of intercourse part of the foundation on which public order is between the Christian and non-Christian peoples, based, the spectacle can cause nothing but pain. No which is announced for consideration at the coming amount of personal dissatisfaction with any memAntwerp conference. It is matter of congratula- | ber or members of the supreme tribunal could justion that our own government has already dealt tify the Lord Justice in endeavoring to lessen that with the question in the only manner which will | tribunal in the estimation of the public.
VOL. 16.— No. 8.
It has long been a question of legal ethics tween the two, and the second domestic quarrels, whether a lawyer could with propriety advertise his and these culminated in an action for divorce. The calling in the public prints or otherwise. In some parties being socially and otherwise well known, localities a very strict rule exists forbidding the invi- developments of the suit created a first-class scandal tation of business in this manner, but in newly set- and the suit itself became of more moment in the tled communities a more liberal custom has prevailed. popular mind than if the jurisprudence of a nation But the courts have never heretofore, so far as we or of the world was to be materially affected thereby. know, resorted to the public prints to attract litiga- | The journals of Europe have been filled with the tion to themselves. The court of arbitration, which details of the family bickerings and the mutual inwas a few years ago established by statute for the fidelities of the husband and wife, and it only trial of mercantile controversies arising in New needed the implication of a clergyman to make the York city, has departed from the custom of judicial case the most celebrated social event of the age. tribunals, and a notice now appears in the daily The matter is now determined, and unless an apnewspapers of New York city inviting those who peal and new trial is possible we are done with it have disputes of any kind to come and try them in for all time. We had nearly forgotten to say that this court, and it is therein intimated that work a divorce was granted. will be done promptly, although satisfaction is not guaranteed. We suppose this court disposes of the 1 A number of the daily newspapers have expressed business brought before it in as acceptable a manner a decided condemnation of the attacks made in as the regular ones do, but experiments of this kind the Nation upon Judge Dillon, and have spoken in have never done what was anticipated by their the highest terms of the qualifications of that gentleoriginators. The fact is that when two or more men man for the position he holds. As we anticipated, are in a dispute that must be adjudicated by the the calumnies of the dissatisfied suitors have in nocourts of law, one side is apt to derive benefit from wise affected his reputation. Not only have the a delay in the determination of the matter, and he newspaper press generally manifested their disapwill not go to law as long as e can avoid it, and probation of the conduct of the Nation in allowing when forced into a lawsuit postpones the decision as such calumnies to obtain circulation through its long as possible. Therefore nearly one-half of columns, but that journal itself has endeavored to the litigants in causes coming before the courts undo the mischief created, by a publication of Judge will not consent to an arbitration whose only effect Dillon's answer to the charges made. The whole is to hasten what they wish to defer as long matter is an illustration of one of the difficulties as possible. To make courts of arbitration suc necessarily incident to the judicial office. When a cessful their action must be compulsory, and in controversy is referred to a judge for decision, as a such a case they will be but another form of the or- rule each party considers himself to be right, and dinary tribunal. The experience of the French or he is so strongly set in his opinion that no amount other continental peoples on the subject is no guide of reasoning can change him. The court must of for us. The judicial organization and mode of pro- | necessity disappoint one party, and sometimes discedure there is entirely unlike what it is with us, appoints all parties. Then the rules of law work and the feeling of the people toward the courts and harshly sometimes, and it is the unpleasant duty of judges is also much different. The people living in the judge to enforce those rules. That suitors who countries where the civil law prevails and where a are defeated should feel unpleasantly is natural, jury trial is either unknown or known only as a sort and that they should give utterance to their feelings of cxperimental institution borrowed from the Eng. is also natural; but that circumstance will not exlish have not the utmost confidence in the decisions cuse clanderous attacks on judges through the of the ordinary judiciary. Our people have, how newspapers. ever, unbounded confidence in the usual courts; besides, litigation in them is cheaper than it is in the
Bar Associations are increasing in numbers and court of arbitration.
in membership in this country, and the prospect is
that before many years nearly every county in the The case of De Caux v. De Caux, recently decided | Union and in the Dominion of Canada will have its in a French court, has attracted a vast amount of at local organization. It appears that in England also, tention from the newspapers, and the telegraph from there bas, during the last five or six years, been a time to time has advised the world at large of the steady increase in societies of the same character, progress of the suit from its inception to its deter- and the London Law Times hopes for the formation mination. The case is a simple one. An eminent of additional societies in the future. The suggesfemale singer became enamored of the title of a tion made by that journal, that such associations marquis, and he at the same time fell in love with shall maintain law libraries, is a good one and one the income derived by her from the exercise of her which has to some extent been put in practice in musical talents. The first result was marriage be- I this country. Attempts more or less successful have also been made in different States to secure legisla- invalidate it in the hands of an innocent purchaser. tive aid in the establishment of local libraries to be See, also, Abbott v. Rose, 62 Me. 194; 16 Am. Rep. controlled by Bar Associations, but such aid does 427, and the following cases, where alterations willabout as much harm as good. A comparatively fully made, having an effect to alter the liability of small tax upon the members of the Bar of almost the maker of an instrument, are held to be forgeries, any county will furnish a good working library, and ) and the instrument void: State v. Stratton, 27 Iowa. it is better for the profession to submit to this ex | 420; 1 Am. Rep. 282; Wait v. Pomeroy, 20 Mich. pense than to appear to depend for what they need 425; 4 Am. Rep. 395; Benedict v. Coroden, 49 N. Y. upon the public purse. Besides, the possession of a | 396; 10 Am. Rep. 382. See, also, notes to cases, good library will furnish an inducement to member- | 7 Am. Rep. 661; 10 id. 389; 11 id. 153; 17 id. 97. ship in a Bar Association, and will influence those to join who would not be persuaded by other means.
In the case of Atkinson v. Newcastle and Gateshead Waterworks Co., 36 L. T. Rep. (N. S.) 761, decided
on the 13th of June last, by the Court of Appeal of NOTES OF CASES.
the English High Court of Justice, the question THE case of Ross v. Doland, 29 Ohio St. 473, was whether, where a statute creates a public duty, with 1 an action by the bona fide holder for value, be | a penalty for a failure to perform such duty, a prifore maturity, of a promissory note, against the | vate person injured through such failure can remaker, whose signature was obtained by fraudulent cover, was involved. By a statute governing derepresentations as to the nature of the instrument,
fendant, a waterworks company which undertook to and in most of its features resembled the case of supply water to a certain district, it was provided De Camp v. Hamma, ante, p. 111. But in this that defendant should keep its pipes charged with respect it differed: At the time the instrument, water at a specified pressure, and allow all persons which was a printed blank, was signed, the amounts to use such water for extinguishing fires; and a which it contained when it came into plaintiff's penalty of £10 was imposed for a neglect of this hands had not been filled up, and the filling up duty. Plaintiff's premises, consisting of a dwellingthereafter was without defendant's authority. The house and other buildings, situated in the district court held defendant liable, saying that “the sign- mentioned, took fire, and owing to the pressure in ing and delivery of a printed form with blanks, the defendant's pipes not being as much as that rewhich, when filled up in accordance with the tenor quired by statute, the fire could not be extinguished, and apparent purpose of the paper, makes it a nego and the premises were burned. The plaintiff tiable promissory note, is such carelessness in the brought action against defendant for his loss, and signer as will estop him from denying the authority the court held, reversing the decision of the Court for filling the blanks as against an innocent holder of Exchequer, that the only remedy was the penalty before maturity and for value." The decision ac- imposed by the statute, and that no action would cords with that in Garrard v. Hadden, 67 Penn. St. | lie. The decision is in apparent conflict with that 82; 5 Am. Rep. 412, where it is held that the maker in Couch v. Steel, 3 E. & B. 402. In that case plainof a promissory note in the usual form is negligent | tiff, a seaman who had served on board defendant's in leaving a blank between the words indicating vessel, sued defendant for failing to provide a proper the amount for which the note is drawn and the supply of medicines for a voyage, which defendant word “dollars;" and if the blank is filled up after was required to do by statute, in consequence of delivery so as to increase the amount, the alteration which failure plaintiff suffered from illness, and the being imperceptible, the maker will be held liable court sustained the action. See, also, Wolverhamton to an innocent purchaser. But in Holmes v. Trum W. W. Co. v. Hawkesford, 28 L. J. Rep. 242; Dunper, 22 Mich. 427; 7 Am. Rep. 661, the payee of a dale West. Ry. Co. v. Tapster, L. R., 1 Q. B. 697. promissory note drawn upon a printed form added, See, however, as sustaining the principal case, Stewithout the maker's consent, after its delivery the ven8 v. Jeacocke, L. R., 11 Q. B. 731, though in that words "ten per cent" in the blank after “interest at," | case the statute did not impose an affirmative duty and the court held the note to be void, even in the on defendant, but only deprived him of the right to hands of a bona fide purchaser for value. See, as sup- fish in the high seas. And the general rule is, that porting this conclusion, Worrell v. Gheen, 39 Penn. St. where a new right is given by a statute, and a 388; Goodman v. Eastman, 4 N. H. 455 ; Bruce v. West remedy provided for the violation of it, the party is cott, 3 Barb. 374. See, as supporting the principal strictly confined to this remedy. See Renwick v. case, and in direct conflict with Holmes v. Trumper, Morris, 7 Hill, 575; Dunlap v. Knapp, 14 Ohio St. Rainbolt v. Eddy, 34 Iowa, 440; 11 Am. Rep. 152, 64; Cole v. Muscatine, 14 Iowa, 296; Butler v. State, where the alteration of a promissory note after deliv- 6 Md. 165; Camden v, Allen, 2 Dutch. 398; Victory ery by filling a blank left therein, so as to make the v. Fitzpatrick, 8 Md. 281; Henniker v. Contoocook, note draw interest at ten per cent, was held not to | etc., 9 Fost. 146; Babb v. Mackey, 10 Wis. 871.