Imágenes de páginas

material or not; that the provision in the Kentucky I Will : revocation of: destruction of subsequent will statute of February 4, 1874, that all statements or de- revoking former one.- Where a will, which revokes a scriptions in the application shall be deemed repre- former will, is destroyed by the testator animo revosentations and not warranties, only applies to those candi, the former will, though remaining in existeure cases where the parties are silent as to the effect of uncanceled, is thereby not revived; Code of 1873, ch.118, such statements, and does not hinder the parties from S 9. Sup. Ct. App., Virginia, Sept. 1877. Rudisill's agreeing that they shall be warranties; that where the Executor v. Rodes (Va. L. J.). property is beld subject to a vendor’s lien for a part of the purchase-money, this is not a sole and unconstitu

RECENT ENGLISH DECISIONS. tional ownership. Ct. Appeals, Kentucky, September 19, 1877. Farmers & Drovers' Ins. Co. v. Curry et al.


Duties of contractor and sub-contractor : question of (Chio. Leg. News.) Municipal corporations : liability for damages from

fact: unforeseen accident.-The defendants were build

ers and contractors, who, after the outside of a house frightful object allowed on streets.-Where a city licenses

was finished, had removed the outer hoarding and had an exhibition of wild animals (in this case, two large

employed a sub-contractor to do the internal plasterbears), knowing that it is calculated to frighten horses

ing. One of the men employed by the sub-contractor, and endanger the lives and property of persons traveling in the streets, and the officers and agents of the

in walking, shook a plank which caused a tvol to fall

out of a window of the house, and the tool in falling city knowingly and carelessly allow one of its streets to be obstructed by such exhibition, and a person

injured the plaintiff who was passing along the high

way. The jury found that the hoarding had been traveling with a team along such street is injured in

properly removed, but that the injury was caused by consequence of the team becoming thereby frightened

the negligence of the defendants in not providing some and unmanageable, the city is liable in damages. Sup.

other protection for the public. Held, that the deCt., Wisconsin, November 20, 1877. Little v. City of

fendants were entitled to judgment, for there was no Madison (N. W. Rep.).

evidence that the falling of the tool was a probable Municipal corporation: garnishment.-A municipal

accident which might reasonably have been foreseen, corporation cannot be garnisheed for wages due an

so as to make it the duty of the defendants to provide employee. Ct. Appeals, Texas, October, 1877. High

against it. By Lord Coleridge, C. J., and Bramwell, land v. City of Galveston (Tex. L. J.)

L. J. (Brett, L. J., doubting), that if it was the duty of Removal of cause : reference of canse before applica

any one to supply protection against the consequences tion for removal.-A cause was referred to a referee

of the falling of the tool, it was the duty of the subunder the statute of Iowa for trial, in vacation. A

contractor and not of the defendants. (Bridges v. petition, affidavit and boud were filed in the office of

North London Railway Co., L. R., 7 H.L. 213, discussed.) the clerk of the State court, under the Revised Stat

Pearson v. Cox, L. R., 2 C. P. D. (C. A.) 369. utes, section 639, subdivision 3, for the removal of the cause to the Federal court. Held, not to bave the

PATENT. effect to divest the jurisdiction of the State court, or

Licensee under, may not question validity.- A licensee of the referee to proceed to a trial pursuant to the

under a patent cannot, in any way, question its validity order of reference. Under section 639 of the Revised during the continuance of his license. But he may Statutes, a removal of a cause from, the State court

show that what he has done (in respect of which patcannot be effected in vacation without any action of

ent royalties are claimed from him) does not fall the State court. U. S. Circ. Ct., Iowa, October 23,

within the limits of the patent, but is something ex1877. Scott v. Otis (Chic. Leg. News).

traneous to it. Per Lord Blackburn. A licensee unRemoval of cause to Federal court : notice to opposing

der a patent is in a situation analogous to a tenant, party not required.-Where, in a proper case, an ap

who, during the tenancy, cannot dispute the title of plication is made, in terms of the act of Congress of

the lessor to any of the land held under the lease; March 3, 1875, for removal of a cause from the State

but who is, nevertheless, at liberty to show that part court to the Circuit Court of the United States, a

of the land he actually occupies is really not comprised sufficient petition and bond tendered by the applicant

within the lease, but belongs to himself under some should be accepted, whether notice has been given to

other right. Semble, that in an action on a patent, where the opposite party or not. The act does not provide

such an issue has been raised, evidence of the existfor notice, and none is necessary. Sup. Ct. Georgia,

ence of foreign specifications of an earlier date, Oct. 2, 1877. Ficklen v. Tarver.

preserved in and obtained from the patent office, Suretyship: liability of surety on promissory note :

might be admissible. Observations on this matter. remedy of surely: statute of limitations.-Although the

The words used in a patent must be construed, like administrator of a principal in a note may defeat a re

the words of any other instrument, in their natural covery upon the note by the plea of the statute of

sense, according to the general purpose of the instrulimitations, yet the exoneration of such administrator

ment, in which they are found. In this case the word does not relieve the sureties of his intestate from lia

“parallel " was construed in its popular and not its bility. When the surety on such a note is compelled

purely mathematical sense. Clark v. Adie (No. 2), L. to pay the debt, he then has cause of action against

R., 2 H. L. (E.) 423. the administrator of either the principal for the

OBSCENE PUBLICATION. amount so paid, or the administrator of a co-surety Absence of corrupt motive: indictment: omission to for pro ratu contribution. While the surety is entitled set out words charged as obscene: practice.-In an into his motion, upou reudition of the judgment, yet his dictment for the publication of an obscene book, the cause of action is the payment of the judgment, and fact that the book is described by its title only, withthe statute begins to run from that time, and not out setting out any of the words charged as obscene, is from the rendition of the judgment. Sup. Ct., Ten | no ground for a motion to quash the indictment or nessee. Reeves v. Pullam (Tenn. L. Rep.).

arrest the judgment. Semble, that such omission of

the words charged as obscene is not open to objection The work is well printed, on good paper, and we beby demurrer or otherwise. The Queen v. Bradlaugh, lieve it will be very favorably received by those of the L. R., 2 Q. B. D. 569.

profession interested in bankruptcy law. SHIPPING. 1. Bill of lading : liability of shipowner: “not ac

BENCH AND BAR. countable for rust, leakage, or breakage.”—The defend

It is said that the late Senator Morton auts caused to be shipped on board the plaintiff's vessel hated his trade of hatter, but, to please his father, he bales of palm baskets and barrels of oil, under a bill of learned it thoroughly. He made but one hat, however, lading containing the cause “Not accountable for and that was exceedingly well done. His son, Oliver,

intends to study law as soon as he graduates at Yale, rust, leakage, or breakage." During the voyage some

| and will practice at Indianapolis. of the oil escaped from the barrels, and damaged the

Judge E. G. Loring has tendered to the palm baskets. Held, that the clause in the bill of

President his resignation as Judge of the Court of lading, exempting the plaintiff from responsibility for

Claims, to take effect on the first of January. Judge “leakage," did uot extend to damage caused by the Loring is seventy-six years old and has been on the oil which had escaped from the barrels, and that the Court of Claims bench about twenty years. He resigns plaintiff was liable to compensate the defendants for

under the retiring act, and will receive full pay during

the rest of his life. The President has nominated J. the injury done to the palm-baskets. Thrift v. Youle | c. Bancroft Davis to fill the vacancy. & Co., L. R., 2 C. P. D. 432.

The Prince of Wales is a lawyer, or rather, 2. Construction of charter-party: liability of ship

a barrister. He was called to the bar a few years ago owner to charterers for negligence of master and crew.

at his owu desire and with the usual formalities, and The plaintiffs hired from the defendant a vessel under took the oath prescribed on admission. He was at the a charter-party, by which the vessel was let to the same time made a Master of the Bench, the Benchers

being the governing body of the Society of the Middle plaintiffs for a specified time, aud they were to have

Temple. His portrait has recently been painted in the the whole reach of her holds except what was reserved | Bencher's silken robe, and is to be placed iu the noble to the owner for the crew; the crew were to assist in old hall of the Middle Temple as a record of so noteloading and discharging, and the captain was to sign

worthy a circumstance as a Royal Prince's entrance bills of lading and to furnish to the charterers a copy

upon the legal profession. of the log. The defendant engaged and paid the

Jonathan Cogswell Perkins died at Salem, master and crew. Whilst the vessel was upon a

Mass., on the 12th inst., of heart disease. He was

born at Ipswich, Mass., Nov. 21, 1809, was graduated voyage under the charter-party, with a cargo on board

from Amherst College, pursued his law studies at belonging to the plaintiffs, she and her cargo were lost Harvard University, and was admitted to the bar in by the negligence of the master and crew. Held, that 1835. He held for some years the position of Judge of the master and crew were the servants of the defend

the Court of Common Pleas of Massachusetts, and

served in the State senate. He was best known, howant for the purpose of navigating the vessel, and that

ever, as a law writer and commentator, the following he was liable to compensate the plaintiffs for the loss works among others having been edited and annotated sustained by them. The Omoa and Cleland Coal and

by him: "Chitty's Criminal Law," "Chitty ou Cou

tracts,” nine volumes of Massachusetts Reports," JarIron Co. v. Huntley, L. R., 2 C. P. D. 464.

man on Wills,'' “ Abbot on Shipping," " Daniell's

Chancery Practice," "Collyeron Partnership,” BOOK NOTICE.

* Chitty on Bills and Notes,” “ Arnould on Insur

ance," * Angell ou Water Courses," “Chitty on PleadFRANK ON THE BANKRUPT ACT.

ings," " Williams on Executors," “Sugden on Vend

ors,'' " Benjamin on Sales," and several volumes of The Bankrupt Act of 1867, as embodied in the Revised Stat Chancery reports. His annotations were valuable and

utes, consolidated with its amendments, including all were highly spoken of by Charles Summer and others.
subsequent amendatory and supplemental acts. Third
Edition, with Notes. Compiled with the rules and
index, by Nathan Frank, of the St. Louis Bar. St.

Louis: The Central Law Journal, 1877.
TOR the practitioner who desires to have the Bank

THE CONVICTION OF JOHN BOWMAN. T rupt law, with the adjudications of the courts To the Editor of the Albany Law Journal: explanatory of the various provisions in a concise and SIR– I notice that a correspondent in the JOURNAL accurate form, we know of no work equal, in every of the first instant makes inquiry for the facts in rerespect, to the one before us. The present edition gard to the murder for which the boy, John Bowman, gives the entire bankruptcy law as it now exists. All was convicted in this county, in 1812. I will say that the various statutes upon the subject, the original act this boy, less than ten years of age, was indicted for of 1867 and its amendments, together with the title the murder of a small girl, his playmate. He killed “Bankruptcy' in the Revised Statutes of the United her in a cruel manuer with a club, and dragged the States, are collected together and consolidated, so that body to the bank of the river and covered it with the laws are presented as they should be read. / brush to conceal it. It is said that the boy was someAppended to those sections whose meaning has been what deficient in intellect, and that the provocation passed upon by the courts are brief syllabi of the de- | for killing the little girl was that she refused to play cisions, giving in a few words the points determined. with him. There are persons still living here who can The paragraphs containing these anuotations are num remember the trial, and probably the precise facts of bered successively through the volume, for convenience the murder. The account of his trial and conviction, of reference. The work of the editor seems to have so far as the records in our county clerk's office show, been carefully and thoroughly done, and will be ap- will be found in Burton's History of Herkimer county, preciated by those who have occasion to use his on pages 285 and 286. The boy was ably defended by volume. The general orders in bankruptcy, promul- the late Judge Daniel Cady, who was then one of the gated by the Federal Supreme Court, and a few neces- best lawyers in the State. Justice Van Ness was the sary forms are appeuded. The index to the volume is / judge who presided at the trial. unusually excellent, and adds greatly to its value. I understand that while there seemed to be no doubt in the minds of intelligent people at that time, who were St. Charles Hotel and the tract of land which has been informed of the facts, that the boy was guilty of the the subject of controversy between the city of New grime of murder, yet no one wanted him hanged, and Orleans and the defendant; 10,000 acres of land adthe sentiment was universal in favor of a commu- joining Port Hudson and 23,000 acres upon which tation of the sentence. For this purpose, as the Gov Baton Rouge is located, which were the subject of a crnor then had no power under the constitution or Spanish grant in 1802, and were conveyed to Zimmerlaws to commute the sentence, the Legislature was ap man and his heirs. They charge that said defendant plied to and the act was passed to which your corre- has, by a multiplicity of suits, without making plainspondent refers.


S. EARL. tiffs parties thereto, obtained judgments of ouster HERKIMER, N. Y., December 5, 1877.

against the tenants, and allege that within the last

year she has offered to compromise with said plaintiffs, COURT OF APPEALS DECISIONS.

thus recognizing their claim, and they have an equita

ble claim against her to remove the cloud upon their THE following decisions were handed down on Tues

title, and they pray that defendant may be compelled I day, December 11, 1877:

to make to them quit-claim deeds, etc. Judgment affirmed, with costs - Kinsey v. Leggett; First National Bank of Buffalo v. Alberger; First

A queer case is now on trial in St. Louis. A little National Bank of Buffalo v. Wood; Griffin v. Salo

girl, it is alleged, died from the effects of poison, the man; Story v. Saloman; Lawrence V. Palmer.

result of wearing striped stockings. The parents of Judgment reversed and new trial granted, costs to

the child sue the merchant who sold the stockings for abide event – Miller v. Long Island Railroad Co.

$5,000. The defense admits the sale, but denies the Appeal dismissed, with costs - Sixth Avenue Railroad

efficacy of the remedies used for the eradication of the v. Gilbert Elevated Railroad.- Remittitur amended

poison, even had it been in the coloring of the stockand motion denied – Allen v. Judson.- Order of

ings. Chemists and medical experts are giving testiGeneral Term reversed and judgment ordered on ver

mony pro and con, and the case is exciting a great deal dict, with costs – Keeney v. Home Insurance Co.

of attention, not only from its novelty but from the Order reversed and motion to vacate order of arrest

general use by ladies and children of bright striped granted, with costs – Madge v. Puig. — Order grant

stockings similar to those worn by the child. ing new trial affirmed and judgment absolute for defendant on stipulation, with costs - King v. Greenway.

Trial, by jury, says the London Standard, has ob- Judgment of General Term and decree of Surro

tained barely ten years in Russia, and leads to curious gate reversed and cause remitted for further hearing

results. A prisoner, after confessing his guilt in court, before the Surrogate, with costs of all parties to be

often finds the jury differ with him, a verdict of “not paid out of the estate - Chamberlain v. McKibben.

guilty" being returned. This arises, in part, from the

rough-and-ready way in which a jury, especially if NOTES.

composed of peasants, will look at the prisoner and THE current number of the Journal du Droit Inter the whole circumstances, irrespective of evidence in I national Privé has several very valuable contribu- | particular. A notorious offender should be punished, tions upon subjects of private international law. The a decent citizen should be acquitted, they think. They first (De la situution légale des sociétés étrangères en listen but little to the advocate's eloquence, and fail Belgique), by Professor Namur, of the University of to comprehend the need of him. “What difference is Liege, gives a resumé of the law of Belgium in rela- there between paying an advocate and bribing a tion to foreign associations for the purposes of trade, judge?" they argue. Then, again, the Russian both corporate and otherwise. Professor Guillard, of criminal law fixes minutely the punishment for each the University of Berne, concludes a series of articles category of crimes, and leaves scarcely any latitude to on financial law, entitled La Bourse les agents de change the judge for extenuating circumstances and the like. et les opérations de Bourse dans les legislatures des Now, Russian juries have their own methods of lookétrangers, and M. Mermilliod, a well-known Parisian ing at the various kinds of wrong-doing, and that avoué, furnishes an essay upon Agreed Valuation on which the code defines as very sinful indeed and Marine Insurance. An article upon American Nat- deserving of transportation to Siberia, or penal servi

Review, also appears. The summary of recent intelli twelve a very minor offense, or no offense at all-a gence in relation to international jurisprudence as thing they would, under certain circumstances, do usual is extremely interesting. - The Illinois State themselves. In many of these trials the jury will Bar Association holds its annual meeting at Spring weigh its own plain common sense and kindly feeling field, on the 3d of January next. The exercises ter for a fellow-creature against the clearest evidence, and mipate with a bar supper to be held at the Leland will find the prisoner “Not Guilty.” In all cases of House. The entire bar of the State are invited to be assaults, cruelty, or dishonest dealing in matters compresent.

mercial the mind of a jury of Russian peasants inclines

toward mercy. The position of women is so low in There are new claimants for the property the Supreme Russia that “husband's rights" are alone recognized, Court of the United States has awarded to Mrs. Gaines. and these include the privilege of enforcing his will by Suit has been commenced in a United States court by chastisement if necessary; and do jury will convict certain individuals of German ancestry, who allege unless the assault has been one of a serious kind that in 1835, one John Michael Zimmerman died intes indeed. Juries of all classes are, however, very severo tate in Louisiana, leaving a considerable amount of in cases of "crimes against the Deity," as they are personal and real estate in that State, but left no legal |

called. In conclusion, it must be borne in mind that

* the minister at St. Petersburgh has all but uulimited representative there; that the plaintiffs are entitled to

powers, and the 80-called "independence of the the property, a parcel of land on which is erected the judges" exists only in name.

The Albany Law Journal.

ALL communications intended for publication in the ment was made permitting a party to testify in his LAW JOURNAL should be addressed to the editor, and the own behalf. This experiment worked so well in name of the writer should be given, though not necessa

respect to civil actions, none of the evils feared havrily for publication.

ing accompanied it, that it was thought well to Communications on business matters should be addressed to the publishers.

adopt a like rule in criminal procedure, and allow a prisoner on trial to testify in his own behalf. Then husband and wife were made competent witnesses

for and against each other in most cases. These ALBANY, DECEMBER 22, 1877.

latter changes have proved beneficial, and we think no one would be willing to have the old rules restored.

Another rule as to competency has, under section 832 CURRENT TOPICS.

of the new Code, followed the others mentioned into THE nomination of Mr. John Baxter to be United

oblivion, namely, that disqualifying a convicted States Circuit Judge of the Fifth Circuit, com

felon. This disability, like a deprival of the right posed of the States of Michigan, Ohio, Kentucky and

of franchise, was imposed as a penalty upon the conTennessee, was confirmed by the Senate previous to

vict, but it could in no way harm him, while it was adjournment. The opposition to his confirmation,

almost certain to harm some innocent person who was which at one time seemed quite strong, disappeared

in need of his testimony. In such cases the govwhen the final vote was taken. This result is grati

ernor could restore competency, but to have this done fying, as the vacancy was one that needed to be

was trou!»lesome, and involved expense and time. Befilled, and the nominee was in every respect well

sides, occasions occurred when the necessary witness fitted to fill it. The nomination of Mr. J. C. Ban

was yet in prison, and the public interests fcrbade the croft Davis to the place on the Court of Claims executive action essential to make him competent. bench, made vacant by the retirement of Judge

It may seem a dangerous innovation to permit a Loring, was also confirmed.

felon in State's prison to appear as a witness, but

we are sure the good resul:ing from a law rendering The Supreme Court of the United States is dis

such an event possible, will by ten-fold exceed the posing of the business before it with considerable harm, and, indeed, we imagine that no harm at all diligence. Previous to the coming of Judge Har

will be done. lan, about a dozen cases a week were finally passed

Mr. Lynde has introduced into the House of Repupon in addition to the motions determined, which

resentatives a bill providing “that whenever an numbered about as many as the cases. The addition

action or suit shall be commenced for the foreclosof another judge will enable the court to do some

ure of a mortgage upon any real estate, to which what more than heretofore, but it is said that legis

action or suit the United States are or may be a lation is required to relieve it from an overpressure

party, by reason of any lien or other claim upon of business, and Congress is urged to pas3, at its

ouch real estate, which shall have attached or acpresent session, the bill of Judge Davis, or some

crued subsequent to the making of such mortgage, measure of similar character.

it shall be the duty of the United States attorney

for the district in which such real estate is situated, The law relating to the competency of witnesses

upon being served with process in such action or has in this State undergone great changes dur- |

suit, to appear therein for the United States.” The ing the past thirty years. But a little while ago necessity for such a provision arises from the fact almost every one who would naturally know the that the United States is not subject to an action, facts in relation to any matter was liable to be dis

and because there is no way to cut off a lien by qualified from testifying about it on account of the judgment or mortgage in favor of the United States, supposed temptation there was for him to speak unless the United States shall appear. The prountruly, or for some other equally weighty reason. | priety of such a statute as that proposed by Mr. But in 1818 the Code of Procedure removed in Lynde would seem to be obvious, and we hope that civil cases the ban of incompetency from one class of it will, in due time, be enacted. persons interested in the event of the action, and partially from another — parties to the action. But A curious story comes from Colorado, which, if the privilege in respect to parties only went to the true, indicates a degree of lawlessness that we have extent of permitting either party to call his antago thought impossible, even in the border States and nist, and if the person called should testify to any territories. One of the judges of that State, who matter not in response to his direct examination, attempted to hold a court in a locality where such the other party might then himself testify as to the an institution does not seem to be welcome, was same matter. This was as far as the framers of the commanded to desist by an individual said to be a Code dared to go. A few years afterward an amend- | deputy sheriff, and who pretended to be acting un

Vol. 16.- No. 25.

der the authority of what he said was a warrant which is aimed at, by some statute which will not commanding the judge to deliver up the books and be open to the objection of unconstitutionality. seal of the court and discontinue all proceedings. The matter is one of difficulty. A statute which The judge ordered this individual to sit down, and would permit the defense of fraud to be set up threatened him with arrest if he did not do so. The against an innocent holder of a promissory note answer was an attack upon the judge by the pre would put an end to the circulation of promissory tended officer, who struck him, and also fired a notes fraudulently obtained, but such statute would pistol at him. A general riot followed, but the be likely to encourage as much fraud as it would judge was able to secure the records and seal of the prevent, and is therefore not to be thought of. We court. Application has been made to the governor think, however, that most if not all the“ patent note" for assistance in restoring order in the troubled dis

and other business of like nature might be stopped trict, and it is to be hoped that the court may be by a simple amendment to the law relating to costs. soon able to resume its sitting in safety.

In suits brought upon promissory notes, it should

be provided that if the defendant shall set up and Our English brethren have a vast deal of trouble

establish fraud in the inception or negotiation of with their new system of procedure, which appears

the note, the plaintiff shall recover no costs against to be full enough of technicalities to satisfy the

him. This will leave the plaintiff a right to recover sharpest kind of a lawyer. One of the legal jour

his debt if he is a bona fide holder for value, and nals says that, at present, the rules are so perplexing

will enable the defendant to litigate that question and uncertain that it is impossible for a solicitor to

without the danger, if unsuccessful, of having to take almost any step without danger of making a

pay a heavy sum for endeavoring to protect himself fatal mistake. We imagine the difficulties which

from the consequences of a harsh rule of law. The annoy the profession and litigants come not so much

law proposed has this advantage over the one now from the new practice itself as from a disposition on

on the statute book, that it covers every device the part of some of the judges to construe it in such

which scoundrels may resort to, to procure negotia way as to make it unpopular. This was our ex

able paper instead of being limited to notes given perience in this State when the Code of Procedure

for patent rights. first went into effect. A few of the judges who did not approve of it gave considerable trouble to those

NOTES OF CASES. who practiced before them, by adopting principles

THE case of The Victor Sewing Machine Co. v. Harof construction which embarrassed the operation of

dus, decided in the First District Appellate Court

of Illinois, on the 14th of last month, and reported the statute. The Code, however, survived these | covert attacks upon it, and later decisions by judges

1 Chic. L. J. 63, arose upon one of the well-known who favored it removed all the difficulties which

contracts for the sale of a sewing machine, which had been raised by the earlier ones. When the new

are familiar to the inferior courts of the country,

but which seldom come into courts of record. The Code now in force came into effect there was no

transaction in this case was the usual one. judicial antagonism to it, but a willingness to give

A sewit a fair trial. We have little trouble, therefore, in

ing machine agent offered a machine for sale to a the practical carrying out of its provisions, for

Norwegian woman, who understood the English counsel and courts alike do all that is possible to

language imperfectly, and was unable to read it. make them work harmoniously. Another thing

By dint of promises to furnish work by which she which undoubtedly leads the English profession to

could earn sufficient to pay for it, he induced her to believe that their new practice does not work well,

agree to purchase the machine. He then produced is the circumstance that the courts do not dispose

the contract which was in terms one of lease, by

the woman from the company, without any agreeof the business brought before them as rapidly as it accumulates. This results, not from errors in the

ment to give title, and induced her to sign it. The system of procedure, but from the increase of busi

writing contained a statement printed across it, that

" any contract made with any agent differing in any ness which that system has induced, and which the courts, as at present constituted, are unable to

respect from the terms of this lease, will not be

binding upon” the company. There were blanks manage.

necessary to be filled out, to make the instrument The law which was enacted in this State last win- complete when the statement was placed across it. ter for the purpose of preventing the perpetration The woman made some payments, and not being of frauds upon farmers by the negotiation of notes able to procure work from the company, was unable given for worthless patent-rights, having been to complete the amount she was to pay. A collector of shown, by the decision of the Supreme Court of the company, by threatening her with imprisonment, Michigan upon a similar statute, to be of doubtful compelled her to give up the machine. She then constitutionality, it will be well enough for the brought action in trover to recover its value. The coming legislature to attempt to check the evil court held that the possession of the machine by

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