Imágenes de páginas

3d district, James Lansing, Wm. S. Kenyon, Corne | an introductory chapter to his great work, and accomlius Esselstyne; 4th district, J. S. L'Amoreaux, B. plished it in a manner at once edifying and useful. M. Beckwith; 5th district, John F. Seymour, J. S. Dr. Chaillé, with evidently better opportunities than Spencer, Thomas Richardson; 6th district, Marcus Dr. Beck, has added in his collection of notes, an inLyon, Charles A. Clark, Isaac L. Newton; 7th district, structive repertory of knowledge to the student of Oscar Craig, J. Welling, G. T. Spencer; 8th district, forensic medicine. His bibliography is also a great A. D. Scott, G. S. Wardwell, Byron Healey.

addition to the address, although we are surprised that Committee on Law Reform- First district, E. T. | he has not been able to swell his catalogue beyond its Gerry, S. L. M. Barlow, Wm. G. Choate; 2d district, present limits. He seems to have overlooked also John R. Kenneday, J. Lawrence Smith, E. B. Merrill; some of those important monographs which, in a 3d district, Matthew Hale, C. P. Collier, A. Schoon science like this, are in the nature of text books. Thus, maker, Jr.; 4th district, S. W. Jackson, J. M. Dudley, in some of the older medical journals, both American Jas. Gibson; 5th district, E. B. Wynn, John C. as well as foreign, are to be found in occasional contriChurchill, Frank Hiscock; 6th district, Wm. Gleason, butions the very materials out of which writers on H. Sturgis, Rufus King; 7th district, M. F. Cogswell, medical jurisprudence have framed their works. For H. V. Howland, Geo. B. Bradley; 8th district, J. M. no one man ever has been found who could be called Humphrey, John H. White, Rufus Scott.

an expert in every branch of this science. Hence it is Committee on Legal Biography - First district, Wm. in culling from every source that a comparative Allen Butler, Cadwalader E. Ogden; 2d district, S. D. judgment can alone be formed. Lewis, Calvin Frost; 3d district, John Gaul, Jr., T. L. Westbrook; 4th district, A. X. Parker, H. S. Dodd;

HOADLEY ON ROMAN LAW PROCEDURE. 5th district, G. W. Adams, Wm. Porter; 6th district,

A Lecture on Roman Lao Procedure. By George Hoadley, E. H. Prindle, B. F. Chapman; 7th district, John Van Professor in the Cincinnati Law School. Cincinnati : voorbis, s. G. Hadley; 8th district, E. C. Sprague,

Robert Clarke & Co., 1877. Cyrus H. Davis.

This is a brief sketch of the successive steps taken For Recording Secretary A. V. DeWitt.

in a suit in the courts of ancient Rome, and is worthy For Corresponding Secretary - Edward Mitchell. the perusal of every law student. While the study of For Treasurer - Rufus W. Peckham.

the civil law is not deemed very essential to the Committee on Prizes - First district, E. F. Shepard, American lawyer, a kuowledge of the leading features 2d district, J. M. Van Cott; 3d district, Isaac Ed of that system of jurisprudence is of great advantage, wards; 4th district, John I. Gilbert; 5th district, D. not merely as a means of broadening his general legal B. Keeler; 6th district, Seymour Dexter; 7th district, culture, but for the purpose of acquainting him with Thos. Bacon; 8th district, Geo. Wadsworth.

the foundation upon which very much of the common This ticket was unanimously elected, and after some law rests. The outline features of the body of the law other minor business and some brief remarks on vari are given in the chapters in Kent and in Gibbon's hisous subjects by various members the Association ad tory devoted to that subject, but the procedure in the journed.

courts is but lightly touched upon there. Professor

Hoadley, in his lecture, fills up what is wanting, and BOOK NOTICES.

shows to the student all that it is important that he should kuow in relation thereto.

Origin and Progress of Medical Jurisprudence, 1776-1876. A

Centennial Address by Stanford E. Chaillé, A. M., M.D.,

American Law.-A Comprehensive Summary of the Law in Professor in the Medical Department of the University

its Various Departments. By Francis Hilliard, author of of Louisiana. Reprint from the Transactions of the “The Law of Torts." "The Law of Mortgages," etc. In International Medical Congress.

two Volumes. New York : Ward & Peloubet. 1877. THE pamphlet of forty pages is an interesting synop- This work is not equal to the treatise on the subject T tical sketch of the rise and progress of medical of American Law, written by the late Chancellor jurisprudence. Its title is somewhat of a mis-nomer, Kent, although it aims to cover a much vaster field, since the address really starts with an earlier inquiry being, as the preface tells us, “as comprehensive in into the history of legal medicine than is implied by its plau as the law itself." It is intended as a text-book, centennial limits of 1776-1876. The field appears to and as it embraces so much in its statements of legal have been well gleaned in most directions, and the principle must necessarily be concise. It follows in its very voluminous notes are practical evidence of ex arrangement according to the preface, “without any haustive research. The address loses its character, variation, the commentaries of Blackstone and to a however, in every page, from the attempt to condense certain extent of Kent." It is stated to be to but a limso wide a field of scientific research in a few generali ited extent a new work, for it contains a "large amount zations of an epigrammatic character. Nor does the of the contents of another book, first published many tumid style in which the author occasionally vents years ago and at that time somewhat largely circulated, either his indignation, or the contempt he feels for though now comparatively forgotten." The title of laws that offend his sense of justice, impart any weight the book is not given, but we suppose this was not to his reasoning. The errors due to human infirmity deemed important as its contents are reproduced here. are not generally considered arguments of any value The first volume, which is the only one we have against the reason of established laws. Apart from received, is divided into five books, the first treating these few drawbacks to the otherwise meritorious of the origin and constituents of American Law; the character of this address, it probably presents the second,of the absolute rights of persons; the third, of the most thorough review of the history of medical juris- relative rights of persons, including husband and wife, prudence which has ever appeared in our language. parent and child, master and servant, etc., etc.; the Dr. Beck undertook this task some forty years ago as I fourth, of the rights of things personal, including the law of contracts relating to personal property, and the | Fearing that we have already trespassed too much fifth, of the rights of things real.

upon your space, we will only add that justice to the The statements of law contained in the volume, so profession, which is already over-supplied with unfar as we have been able to discover, are correct, and necessary books, would seem to require the correction the work may be considered as a safe guide to those of your statement. who have occasion to use it. The style in which it is

Yours respectfully, written very much resembles that of a digest, the PHILADELPHIA, Nov. 14, 1877. points decided in each case referred to being given as a separate paragraph, and in the form in which head

[Of Byles' Bills and Notes, Adams' Equity and notes to reported cases are constructed. It is thus

Williams' Real Property, we have the very highest rendered any thing but easy reading, and we imagine

opinion. They are all works of rare excellence, and that few students will be fascinated with it.

in some respects unexceptionable as text-books for The volume before us has an index which appears to

students. But being, in origin, Euglish, it is found be constructed upon the machine principle, such titles

necessary to annotate them to adapt them to the as “ total loss," "single bond," " part consideration,"

American student. Now notes invariably interfere “paper credit," "grand bill of sale," and others of a

with the unity of the subject and distract the atteulike kind indicating the contents. There is a table of

tion. “Notes are often necessary," says Dr. Johnson, cases cited, and the book is well printed and bound.

in his preface to Shakespeare, “but they are necessary evils. * * * Particular passages are cleared

by notes, but the general effect of the work is weak. CORRESPONDENCE.

ened. The mind is refrigerated by interruption; the

thoughts are diverted from the priucipal subjects; the TEXT-BOOKS FOR STUDENTS.

reader is weary, he suspects not why; and at last To the Editor of the Albany Law Journal :

throws away the book which he has too diligently SIR- Prominent among the “Notes” in your issue studied." If a book is used simply for reference, or of the 10th inst. is a reference to the “Law Students' as an index of cases, the objection does not hold, but Series,' recently announced, with the remark that in institutes of law it is peculiarly forceful. As it is, “there is certainly no dearth of books on the subjects we do not know of better text-books than some of they propose to cover, but they are not well adapted those our correspondent mentions, but we think it to beginners in the study of legal science."

possible to make better for the American student.While writing the above, you certainly could not ED. A. L. J.) have had in mind the review of Sir John Barnard Byles' Treatise on Bills, Notes, etc., in your issue of ContraCTS EXTENDING PAYMENT BETWEEN MORTMay, 1874, wherein you say, “This edition of one of

GAGEE AND VENDEE OF MORTGAGOR. the best, if not the best, treatises on the law of bills, To the Editor of the Albany Law Journal: etc., comes at a very opportune time, and deserves a SIR-A couple of my legal friends desire advice. One hearty welcome from the profession;" nor the follow desires to bring suit. the other to defend the same ing from the American Law Review of about the same suit. I submit their statement of facts, and such law date: "If there should ever be an attempt to codify as I have been able to collect, to you. the whole body of the law, * * * the work of Mr. John Doe made a mortgage for $1,000 to his old Justice Byles would furnish an admirable model. The friend Richard Roe, upon lands at A, as security colarrangement is so lucid, the statements of the law so | lateral to his boud conditioned for the payment of concise, there is such an entire absence of that loose

that sum at the expiration of one year. Prior to the talk in which inferior writers abound, that the book

expiration of the year Doe sold the land to his neighmight well be enacted entire by act of Parliament."

bor, Styles, who assumed the mortgage and agreed to Side by side with the above may also be placed Mr.

pay it off. Near the end of the year, crops being poor, John Adams, Jr.'s, Doctrine of Equity, and Mr. Thos. Styles saw Roe and they agreed to let the mortgage Starkie's Practical Treatise of the Law of Evidence,

stand a year, and they put the agreement in writing, in addition to which may be mentioned the invaluable but didn't think it worth while to say any thing to treatise by Mr. John Wm. Smith (compiler of Smith's | Doe about it. Leading Cases) on the law of contracts, and last, After awhile Doe thought the security was getting though not least in point of merit, Mr. Joshua Wil- a little shaky, and so he notified Roe to foreclose or liams' as yet unsurpassed “Principles of the Law of else he should claim to be released from any deficiency. Real Property, intended as a first book for students in Roe of course could not foreclose because of the exconveyancing."

tension, and before the year was up the house on the These five works, having stood the test of practical land burned, aud the land itself depreciated largely. use in the law schools and the office, are so well known The year is now up, for which the extension was given, that we are somewhat surprised that they were over and the question arises, what are the rights of the looked.

parties? Doe's lawyer thought he could get him off, In the course of a somewhat extended correspond on the ground that he became surety for Styles, and ence on this very subject of text-books for law stu the extension to Styles released him. dents, Prof. W. C. Robinson, of Yale, writes under Judge Gilbert, in 10 Humph. 41, appears to have had date of October 12: “I have never found a student | no doubt that there was no release when the grantee who could not understand what Williams (speaking of did not assume the mortgage. We doubted if it his Real Property) meant by what he said. Not every might not be otherwise if he had, but in the same volauthor is entitled to such praise as that." And Prof. | ume, page 66, his associates had no such doubts. Nor J. C. Gray, Jr., of Cambridge: “I always take occa- | did the majority of the court in 1 Sup. Ct. (T. & C.) sion to recommend Williams on Real Property to the 620. These decisions go upou the ground that, as bestudents as by far the best treatise upon the subject." 'tween the parties, the grantor does not become surety

to the mortgagee for the grantee, but that both are States Supreme Court, in the case of The Springbok, principal debtors. But the grantee, assuming pay 5 Wall. 1, and arrives at a different one. The view of ment as between himself and the grantor, becomes the writer has been sustained by the tribunal known the principal debtor, and the latter the surety only. | as the Mixed Commission in the case of the Circassia 8 Hun, 373 (affirmed Ct. of Appeals); 10 id. 66; id. 41. and it is in accord with that of Hon. Wm. Beach LawAnd as such surety he has the right to pay off the rence. We intend when space permits to give the debt, and become subrogated to the rights of the article (which was read at the late Antwerp Conference) mortgagee although (see 8 Hun, above) not bound to do in our columns. Lord Gifford contributes a very readso. But (see Russell v. Weinberg, 16 Alb. L, J., No. | able article on jurisprudence and amendi 10, p. 164) the notice to foreclose, given by Doe, not law. A well-written memoir of the late Lord Justice having been attended to, the mortgagee has lost his Mellish, by G. K. Richards, M. A., gives many interclaim for deficiency.

esting reminiscences of that distinguished judge. We have seen above that he could not have fore “ Borough Extension," is the title of an essay having closed, for the extension would have been a good de merely a local value. A paper on the “ Obligation of fense, as well probably for the bondsman (1 Sup. Ct., Treaties," by Henry Richard, M. P., also read at the T. & C., 620) as for Styles.

Antwerp conference, is the closing article. It is a well. Now, we know that the owner of the bond and considered discussion of the principles which should mortgage need not foreclose it at all, but may sue the be observed in carrying out treaties, and ought to be maker of the bond; and the extension having expired, read by every statesman and student of international Roe desires to collect his money. He dares not fore- | law. The reviews of decisions, book notices, and close, because: 1st. He cannot make it out of the digests are, as usual, well prepared and valuable. land; 2d. Styles is a bankrupt; and, 3d. Doe cannot be held for the deficiency. We have seen that the A correspondent sends us the following extract from bondsman has not been released by the extension, and a letter written by his brother, now in Constantinople: that we can sue him. Shall we do so? Has he any “Next term I shall have the seniors in international defense, or does the right to waive the foreclosure and and constitutional law. To a Turk a court of justice, sue on the bond deprive Roe of the defense he might in the American acceptation of the term, is a thing have made if sued in foreclosure, or is there some bad unknown. They never finish a cause at the first hearlaw in some of the cases. Incidentally, suppose Roe, ing, nor do they render an immediate decision; but when the notice was served, had taken his bond and after all the testimony has been offered, the kadi mortgage to Doe, and offered to assign it upon pay- | (judge) adjourns the further trial of the action until ment. Would it have been an answer to say, “You some future time, for the known purpose of affording have extended the time, and I cannot enforce it; I the litigants an opportunity of making him presents. desire to protect my rights now, while you prevent | These he accepts from both parties, and in ninety-nine me from so doing for a year."

cases out of a hundred the decision is in favor of the Perhaps there are some "general principles" ap person whose gift is the most valuable. There used to plicable to the above case, which some of your readers be a judge named Kaimil Pasha (he is dead now) who will give the others the benefit of

did not go through the formality of listening to the Yours, truly,

SUBSCRIBER. evidence. IIe was therefore regarded by the common PORT RICHMOND, S, I., 1

people as the most learned kadi that ever lived, for, Nov. 19, 1877. T

said they, he understood the Koran so thoroughly that

he could render a decision before a particle of testiCOURT OF APPEALS DECISIONS.

mony had been presented by either party. I am going THE following decisions were handed down on Tues

to attend a number of trials here, and shall send you I day, November 20, 1877:

a full account of the Turkish procedure. The Turks, Judgment affirmed, with costs -- White v. Baxter;

as a general thing, kuow little or nothing of America.

The other day, however, as I was going to ConstantiBarry v. Brune; Wattrick v. Freedman.- Order affirmed, with costs--In re Hone; In re Striker.---Or

nople on the steamer from the Black Sea, a Turk, who

is quite a prominent man in the empire, and had in der affirmed, without costs -- In re Will of Hathaway,

some way learned of the presidential contest in the deceased.- Order affirmed, without costs to either

United States, asked me in favor of which party the party in this court as against the other — De Ruyter v.

election had finally been decided - the missionary or Lambard. - Motion granted, with costs up to time

the other one. Being a Democrat, I of course replied, of making motion, and $10 costs of motion - Chase v.

“The other one."— Mr. C. H. Truax, a frequent and James. - Motion denied, with $10 costs – Jones v.

welcome correspondent of THE ALBANY LAW JOURAnderson; McElwain v. Erie Railway.- Motion for

NAL, has an excellent article iu Scribner for Decemreargument denied, with $10 costs -- Hallock v. Dom

ber on “Some Precepts for Slandering Safely," in iny.- Orders of General Term and Special Term

which there is much law lore and not a little legal reversed and report of referee affirmed, and applica

humor. tion denied, with costs – Collins v. Collins.

The trial of the English detectives has ended in the NOTES.

conviction of three of those charged, Meiklejohn, THE November number of the Law Magazine and Druscovitch and Palmer, and that of the solicitor, I Review contains a number of very interesting Froggett, charged with them. The jury recommended articles. The leading one by Sir Travers Twiss, on the Meiklejohn and Palmer to mercy. The convicted doctrine of continuous voyages as applied to contra persons were sentenced to two years' imprisonment band of war and blockade, is a learned discussion of at hard labor. - The St. Louis ordinance taxing the subject, and refers to the authorities, English and lawyers has been declared unconstitutional. The American. He criticises the conclusion of the United danger of cross-examination is illustrated by these anecdotes which were told at a meeting of an Irish parties obtained undisputed possession. The head and law society. A barrister having been pressed by his front of the movement of recovery is William Young, attorney to ask a witness whether he had not com a retired Cincinnati dry goods dealer, and grandson of mitted a certain offense, did so, and was promptly an the original Robert Young, and he feels confident of swered in the negative. “Now you have got your establishing his claim. His strongest evidence is ser. answer," said the attorney angrily. “Well, did you eral ancient deeds, covering about 50,000 acres, but not oblige me to put the question?” “I did,” said the many formidable points, especially the statute of limiattorney, “but you had no right to listen to me.” In tation, will be brought to bear against them. These another case an attorney began his cross-examination lands are in the heart of the “blue grass regiou," and by asking a witness, “Upon the virtue of your oath, | are worth $100 to $250 per acre. sir, did you not borrow the champagne glasses for your wedding breakfast?" "I did, sir," replied the wit

BENCH AND BAR. ness quite unappalled, “but I was never driven out of

John B. Hoffman, late one of the judges of my house by my wife, as you were."

the Supreme Court of Appeals, West Virginia, died at

Clarksburg, on the 18th inst. He resigned his seat upon The Chicago Law Institute has 397 members; its the Bench in June, 1876, owing to ill health. library contains 9,493 volumes, 1,037 more than last

Barnard Hill, presiding justice of the Suyear; its income during the past year was, $6,595.07,

perior Court, which was in session at Knoxville, Ga., and its expenditure, $5,868.29. — A will bound in on the 6th inst., while conducting a criminal trial, morocco, with illustrated covers and containing 100 died in his seat without a struggle. quarto pages and an index, was offered for probate in The standing at the bar of Samuel Warren New York city last week. The amount of property dis was not high, and it was not materially improved by posed of by the document is comparatively small. — that dangerous ornament, the silk of a Queen's CounA question of law was, by consent of counsel at the

sel. If he was not fully employed as a junior, he cer

tainly was seldom retained as a leader. An epigram trial of ex-Speaker ('arr, in New Orleans, submitted

attributed to Sir George Rose supplies probably the to a jury and their finding thereon accepted as bind- feeling of the Bar respecting Warren's deficiency in ing. The Corporation Court of Danville, Va., adju

leading business : dicated the question whether Hayes or Tilden was If Warren, though clever, the vainest of men,

Could use with discretion his tongue and his pen, elected president, in determining a controversy about

His way might be clear to "Ten thousand a-year,' a bet last week. The court held Hayes to be legally Instead of a brief "Now and Then." the president. The New York City Bar Association The men in the first rank of the Northern Bar were treasury contained $11,579.53 on the 12th inst.

formidable competitors in Warren's time. I remember one case only in which he may be said to have

conducted first-class business. This was an action in Judge Morrill, United States District Judge in Texas, l'which a claimant under Warren's guidance set up a was assaulted in the street by an attorney for remarks title to the extensive properties of Messrs. Bewick and

Craster. Warren, in this matter, suffered a dread made by him at the trial of a cause before him.

defeat, and made no impression on the extensive pracThe consolidation scheme for uniting the interests of tice cultivated by Kuowles, Dundas, Martin, Watson, the Western Union and the Atlantic and Pacific Tele- and Atherton. Of these, Knowles and Dundas were

remarkable men. graph companies has met an obstacle in a clause in the constitution of Pennsylvania which provides that "no The manners of the bar three hundred years telegraph company shall consolidate with or hold a ago are illustrated by the following account of the controlling interest in the stock or bonds of any other

trial of Sir Walter Raleigh, appearing in Cassell's His

tory of England for November: Sir Walter pleaded telegraph company owning a competing line, or acquire

not guilty, and Heale, the king's sergeant, opened the by purchase or otherwise any other competing line or case against him, recapitulating the points of the telegraph." The stockholders of the Fidelity Sav indictment; and when ne came to the clause implicatings Bank, in Chicago, have been held individually

ing Arabella Stuart, he foolishly exclaimed —" As for

Arabella Stuart, she hath no more title to the crown liable for the indebtedness of the bank in an action than I have, and I utterly renounce any." Raleigh, recently tried in that city. The decision is of consid even in his critical situation, could not restrain a smile erable local importance as determining a number of

at this absurdity. Coke then went into the case at

length, and what he lacked in proof he endeavored to suits brought by creditors of the bank against stock

supply by the most virulent abuse. He described in holders.

intlated language the intensions of the agitators of the

“Bye,” and amongst other things that they meant to It is said that an extensive land suit is about to be make proclamation against monopolies, as if that were

absolute treason. Raleigh calmly reminded him that instituted in the Kentucky courts, involving the pos

he was not charged with the Bye." "You are not." session of many thousands of acres in Mason, Fayette, replied Coke; “but it will be seen that all these Bourbon and Campbell counties, including portions of treasons, though they consisted of several parts, closed the sites of Lexington, Maysville, Paris and Lewis

in together like Samson's foxes, which were joined in

| their tails, though their heads were separated.” Raleigh burg. This ownership is claimed by the numerous still insisted that the “Bye" was the treason of the heirs of Robert and Thomas Young, two pioneers from priests and said, “what is the treason of the priests

to me?" "I will then come close to you," said Virginia, who explored the western section of Ken

Coke. “I will prove you to be the most notorious tucky in 1773, patenting, pre-empting and purchasing

traitor that ever came to the bar; you are, indeed, upon large tracts of territory. It is claimed by the Young the "Main,' but you have followed them upon the family that the titles to these lands became lost in the

Bye' in imitation." And Raleigh's pertinent checks

so enraged the scurrilous lawyer, that he went on process of tinie, by the burning of Lexington court

furiously denouncing Raleigh as a damnable atheist, a house, containing deeds, in 1800, and in various un spider of hell, and the most vile and execrable of traitknown ways; that some of the heirs selling their por-ors. "You speak indiscreetly, barbarously, and untions of undivided property without the knowledge of

civilly," interposed Raleigh. "I want words," shouted

Coke, “I want words to express thy viperous treasons." the co-heirs, and thus, with the scattering of the fam- " True," replied Raleigh, for you have spoken the ily, their failure to protect their interest, outside 'same things half a dozeu times over already."

The Albany Law Journal.

All communications intended for publication in the | turbed by the coming legislature, except in the way LAW JOURNAL should be addressed to the editor, and the of amendment in those parts where experience has name of the writer should be given, though not necessa

shown it defective. rily for publication. Communications on business matters should be ad

A murder trial is a rare occurrence in the State of dressed to the publishers.

Vermont, but the few which do take place there are accompanied by such remarkable surroundings, that each one of them acquires a national reputation.

Either the murdered man comes back alive, or an ALBANY, DECEMBER 1, 1877.

important witness, who can prove an alibi, turns up

just in time to snatch the condemned from under the CURRENT TOPICS.

shadow of the gallows, or some other startling inciPROBABLY no one thing during the present year

dent astonishes the public. The latest case is that has so much interested the bar of this State,

of Deacon Smith, who is charged with having, in and every member of it, as the changes occurring

complicity with the wife of a neighbor, of whom he in the law regulating procedure in civil actions. had become enamored, poisoned his own wife. Within the time mentioned we have conducted suits

The accused man, in this instance, after he knew he in courts of record under three different statutes. was suspected of the crime, and after steps had The old Code of Procedure, with which we have been taken to investigate the circumstances surbeen familiar for nearly a third of a century, and

rounding his wife's death, sent letters to his parawhich was the harbinger of an era of law reform

mour detailing his feelings and fears, and alluding that the profession of forty years ago would have

to certain facts known only to the two, and also believed impossible, on the first day of May last,

wrote to a chemist who was making tests for poison unexpectedly to most of us, ceased to exist, and

upon the organs of the deceased, offering bribes for an unknown and apparently incomprehensible com- |

a suppression of the truth. These communications pilation, designated as the Code of Remedial Justice,

fell into the hands of the authorities, and have been took its place. Less than a month this volume of

publislied in the newspapers. They afford a remarkmystery nominally governed the action of the courts

able picture of the workings of what is known as a and the attorneys, when the old Code was brought

troubled conscience, and will, in connection with the back for a brief season. With the opening autumn

other circumstances of the case, furnish almost conthe Code of Civil Procedure, or, as it is familiarly

clusive evidence against the accused persons. called, the New Code, became the law of practice. How long this should remain was at first a matter The practice of the law is not supposed to be, as of doubt. The bar, as a whole, did not fancy it, | a rule, attended with any great personal danger. and if the legislature had been in session, earnest Though counsel in the heat of argument are apt to petitions for its repeal would have come up from make remarks concerning individuals, which,if made practitioners in every part of the State. But peti out of court, would subject the one making them to tions and grumbling would avail nothing, and prac- the risk of an assault, or of a libel suit, those who ticing lawyers took the only course that remained might take offense are liable to give to the invidifor them, and went to studying the new statute. ous language only the passing suggestion that the They found it no very difficult matter to familiarize attorney using it is paid for doing so, and is only themselves with its provisions, and in doing so, most

earning his fee. Now and then, indeed, a more than of them became satisfied that it was not so new or usually sensitive suitor, or witness, is stirred up, by so strange as they had supposed. The Committee what the lawyer says about him, to offer violence, on Law Reform at the recent meeting of the State but such encounters, as a rule, end in favor of the Bar Association, reported that a majority of its mem profession, and counsel are not deterred thereby bers “who had expressed an opinion” were not in from saying what they deem proper concerning their favor of a repeal of the new Code; but it might be antagonists and those sustaining them. Danger from of interest to know how many and who of the Com one's own client is, however, seldom anticipated, mittee had “expressed an opinion.” While they yet that it is possible is shown by the attack upon were “not prepared to speak with great confidence ex-Attorney-General Martindale, of Rochester, a few of the merits of all the changes,” they thought that days ago. This gentleman had appeared for a man “the substantial changes are in the main improve-named Manning in a suit which terminated successments." As the Association itself did not disap- fully at the trial, but in which the judgment was prove of this conclusion of the Committee, it may be reversed by the General Term upon.grounds fatal assumed that that body is not in favor of repeal; to Manning's side. He thereupon desired an appeal and that the bar of the State is also adverse to a to be taken to the Court of Appeals, and asked his change back to the old law. We presume, there- counsel to furnish the necessary security, he himself fore, that the Code of Civil Procedure will be undis- | being unable to do so. Mr. Martindale advised

Vol. 16.- No. 22.

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