« AnteriorContinuar »
property to be subsequently acquired conveys no title to such property when acquired, which is valid against the mortgagor or his voluntary assignee unless after acquisition, possession of such property is given to the mortgagee or taken by him under the mortgage. Williams v. Briggs; Cook v. Corthell.
2. When mortgagee obtains title.-Although a mortgage of personal property to be subsequently acquired is in itself ineffectual to vest in the mortgagee a legal title to the property, yet if after acquisition by the mortgagor the mortgagee by delivery from, or by consent of, the mortgagor, takes possession of the property, under the mortgage conveyance, the title to the property both in law and equity vests in the mortgagee without further conveyance or bill of sale. Cook v. Corthell.
FIRE INSURANCE. Mistake in policy: effect of : evidence.—The E. Company issued a policy to C., payable in case of loss to G., for $1,000, with permission for $6,250 other insurance, and providing that if the insured, or any other person interested, should have other insurance on the property not assented to in writing, and mentioned in or indorsed on the policy, then the policy should be void. There was $8,000 other insurance procured, and the E. Company, after loss, denied its liability for this
G., in an action against the E. Company, offered to prove that he gave notice to the E. Company of $8,000 other insurance; that the company conseuted to the amount, and thereupon wrote its policy with permission for $6,250; that neither C. nor G. noticed the variance till after the loss; and that the insertion of $6,250, instead of $8,000, was a blunder of the E. Company. Held, that the evidence was admissible to defeat the defeuse of the E. Company by way of estoppel. Greene v. Equitable Fire and Mar. Ins. Co.
OPTION OF PURCHASER. 1. A personal privilege only not transmissible.-W. conveyed to E. an undivided half part of two lots of land, and subsequently received from E. a bond in a penal sum of $4,000, giving W. the privilege at any time at his option, within seven years from the date of the bond, to purchase the whole of said two estates for $8,000, provided that on such purchase E. should be by W. exonerated from all liabilities and losses past or future of a firm whereof E. was a member. W. died without having availed himself of the option, and more than three years before the expiration of the time prescribed. E. became his administrator. The widow and children of W. filed a bill against E., charging fraudulent concealment of the bond. E. produced the bond, denying in his answer the charges of the bill, whereupon the complainants asked leave to amend the bill by a prayer that E.'s title to the estates in question might be declared that of a mortgagee for $8,000; that the estates might be sold to satisfy E.'s claim, and that an account might be ordered. Held, that the option of purchase given to W. by the bond was neither a chose in action nor a transmissible right of property, but a personal privilege in W., and that on his death E. was freed from the bond. Held, further, that a purchase under the option by the administrator of W. must, if made, be for and in the name of W.'s heirs; but as this might change the succession to W.'s property, W.'s administrator could not be allowed the option given W. Newton v. Newton.
SUNDAY 1. Damages dependent upon illegal contract not recov
erable.-A statute being in force and providing that "every person who shall do or exercise any labor or business, or work of his ordinary calling, * on the first day of the week, or suffer the same to be done *
by his children, servant, or apprentices, works of necessity and charity only excepted, shall be fined not exceeding” * * * · S., a liverystable keeper, let, in his ordinary business, a horse and carriage to be driven for pleasure to a particular place. The hirer drove them to a different place, and returned them damaged, whereupon 8. brought trover against the hirer. Held, affirming Whelden v. Chappel, 8 R. I. 230, that the action would not lie. Where a plaintiff's cause of action arises from a violation of law on his part the suit cannot be sustained, and it is immaterial whether the violation of law appears from the plaintiff's direct evidence or is elicited from him by legitimate cross-examination. Smith v. Rollins.
TRADE-MARK. 1. Use by manufacturer of his own name.-A. C. & Co., being the successors by purchase of Stillman & Co., woolen manufacturers, continued to use “Stillman & Co." as a trade-mark on their ticket for goods. Latimer, Stillman & Co., the lessees of a mill formerly used by Stillman & Co., known both as the “Stillman Mill” and as the “Seventh Day Mill," also used “Stillman & Co." as a trade-mark. On a petition for injunction, brought by A. C. & Co. against Latimer, Stillman & Co., to prevent their so using the words “Stillman & Co.," it appearing that no deception could be charged on either complainants or respondents, and that no person of the old firm of Stillman & Co. was a member of the firm of A. C. & Co. Held, that the injunction could not be granted. Held, further, that a manufacturer has the right to label his goods with his own name or that of his mill, if no fraudulent purpose is intended. Carmichel v. Latimer.
2. Assignment of trade-mark.- Query, it a trademark, whose reputation depends on the excellence of the manufacture, or the skill and honesty of the manufacturer, can be legally assigned. Ib.
3. Continuance of firm name. - Query, if the English practice of retaining a firm name, when no original partner remains, is generally recognized in American law. Ib.
RECENT ENGLISH DECISIONS.
EASEMENT. Common: right of lord of manor to grant leases for brickmaking: evidence of custom of manor : approvement against common of pasture.- In the year 1751 and afterward, leases of clay-pits on Chobham Common had been granted by the lord of the manor of which the common was parcel, for the purpose of making bricks. Such clay-pits covered 15 out of the 4,500 acres of the common. The tenants of the manor, and also the parishioners of Chobham, had, from a time before living memory, exercised rights of common of pasture, turbary, and estovers, which the user of the clay-pits did not interfere with. The plaintiffs, being freeholders of lands and enjoying rights of common, turbary, and estovers, over Chobham Common, sued the lord and one of his lessees for disturbance of common by means of the clay-pits. Held, that the lord could not grant the leases of tho clay-pits except under a custom, but that the granting of the leases was sufficient evidence of the custom. Q. B. D.,
Feb. 5, 1877. Lascelles v. Onslow, 36 L. T. Rep. (N. S.) the plaintiff), that the defendants were not liable, as 459.
the accident not being one which might reasonably INNKEEPER.
have been foreseen, there was no duty to guard against Duty to provide entertainment: inn: traveler: reason
the occurrence of it, and if there was such a duty the able excuse.- :- The defendant was the proprietor of a
sub-contractor, whose servant caused the injury, hotel. Attached to the hotel and under the same roof
would be liable, and not the defendants. Ct. App., and license, but entered by a separate door from the
April 28, 1877. Pearson v. Cox, 36 L. T. Rep. (N. S.) street, was a refreshment bar in which persons casu- 495. ally passing by obtained refreshments at a counter.
PRESCRIPTION. The prosecutor, who was a householder living within Sea-wall: liability of frontager to maintain: sea flowtwelve hundred yards, had been in the habit of coming ing over frontager's land on to that of adjoining owners. to the bar with several large dogs, which had been -The plaintiff and the defendant were frontagers to found an annoyance to other guests; and letters had the sea in respect of adjoining lands. A continuous passed in which the defendant had objected to the sea-wall protected the lands of both, and each had for dogs being brought into the bar, and the prosecutor long been accustomed to repair that part of the wall had asserted his right to bring them. The prosecutor which protected his own lands. The defendant's wall subsequently, while taking a walk for pleasure, went having gradually sunk, owing to want of repair, a with one large dog to the bar and claimed to be served high tide caused the sea to flow over his wall and land, with refreshments, which the defendant refused him. and thence on to the plaintiff's land. In an action On an indictment charging the defendant, as an inn- by the plaintiff for the amount of the damage thus keeper, with refusing refreshment to the prosecutor: caused, held (affirming the judgment of the Queen's Held, that he could not be convicted, first, because the Bench Division), that the defendant was not liable, as refreshment bar was not an inn; secondly, because the the fact that he had always repaired the wall for his prosecutor was not a traveler; thirdly, because, had it own benefit did not establish a prescriptive liability been otherwise, the defendant had reasonable ground on him to maintain it for the benefit of others, and for his refusal. The Queen v. Rymer, L. R., 2 Q. B. D. that he was not bound to do so by the common law. (C. C. R.) 136.
Ct. App., April 17, 1877. Hudson v. Tabor, 36 L. T. MASTER AND SERVANT.
Rep. (N. S.) 492. Liability for negligence: bailor and bailee: cab pro
SHIPPING. prietor: employment of driver: 32 & 33 Vict., c. 115.- Charter-party: delivery short of destination: freight Defendant, a cab proprietor, let a cab with the use of pro rata itineris.- By charter-party between plaintiff, two horses to a driver for 168. a day, the driver had no shipowner, and defendants, charterers, plaintiff agreed specified time for starting from or returning to the that his steamship should load a cargo of iron rails at defendant's stables. The driver's licensed number, an English port and proceed to Taganrog in the Sea of but no name, was on the cab. The driver, having put Azov, or as near thereto as she might safely get, and down his last fare one evening, was returniug to the deliver the same. The captain on arrival in Decemstables when, for purposes of his own, he drove a short
ber found the Sea of Azov closed by ice, and, notwithdistance beyond the stables, and on his way back he standing defendants' protest, landed the cargo at negligently drove over the plaintiff. Held, that this Kertch and left it at the custom house there, where it arrangement between defendant and his driver con
was subsequently taken possession of by the constituted the relation of bailor and bailee of the cab
signees named in the bills of lading. Kertch is 220 and horses, but that so far as the public were con- miles by sea and 700 by land from Taganrog, and is as cerned, the relation was, by the Metropolitan Public near as the ship could have got before April. In an Carriage Act, 1869, that of master and servant; the action for freight, held (affirming the judgment of the defendant, therefore, was liable as a master for his Queen's Bench Division), that plaintiff was not entidriver's negligence, if he caused injury when acting tled to freight either under the charter-party or pro within his authority as bailee, and the plaintiff had a rata itineris Ct. App., April 27, 1877. Metcalf v. right to recover. Q. B. D., May 2, 1877. V'enables v. Britannia Iron Works Co., 36 L. T. Rep. (N. S.) 451. Smith, 36 L. T. Rep. (N. S.) 509.
Slander of title : special damage.-The plaintiffs, voBuilding works: removal of hoarding: injury to per- calists, advertised in a theatrical newspaper, as folson passing in street : sub-contractor: liability: evidence lows: “The Sisters Hartridge have great pleasure in of negligence.-The defendants contracted to execute thanking Messrs. Chappell & Co., Messrs. Metzler & building works in a street. When the outside work Co.” (niusic publishers), “and others, for their kind was completed, a hoarding, put up for the protection of unhesitating permission to sing any morceaux from the public, was removed. There were then no sashes their musical publications." The defendant, who was in the windows and all the interior work had still to interested as agent for the proprietors of the "stagebe done. S., a sub-contractor with the defendants, right” of certain songs published by the firms menundertook the plastering, and a workman employed tioned, wrote to the proprietors of two music halls at by S., whilst moving about in the course of his work, which the plaintiffs were engaged to sing, to the effect caused a tool to fall through the window, which struck that the advertisement, if relied upon in every parand injured the plaintiff who was passing in the street. ticular, was calculated to lead them to incur penalties The plaintiff brought his action for damages against under the copyright act, inasmuch as the publishers the defendants. At the trial the jury found, iu an- named had in some instauces no power to give the alswer to a question left to them by the judge, that the leged permission, and insinuating that music-hall singinjury to the plaintiff was caused by the negligence of ing was not calculated to create a demand for their the defendants in not providing some other protec- musical publications. Upon a motion to set aside a tion for the public when the hoarding was removed. nonsuit, held, that, inasmuch as the letters were reaHeld (on motion to enter judgment on this finding for sonably susceptible of a construction which would make them libelous, the opinion of the jury ought to Procedure not expressly repealed in 1877, and explanahave been taken upon their meaning. Hart v. Wall, tory notes appended to every section by Mr. Throop, L. R., 2 C. P. D. 146.
who has, as we know, been one of the commissioners STATUTE OF LIMITATIONS.
to revise the laws from the first organization of the Acknouledgment of debt: implied promise to pay.
commission. In respect to the character of these The defendant, whose debt to the plaintiff was barred
notes the statement made in the preface is the best by the statute of limitations, wrote to the plaintiff explanation: “It results, from what I have said, that within six years before action the following letter:
the following notes are not to be considered as official. “I return to Shepperton about Easter. If you send
But I have been a member of the commission to reme there the particulars of your account with vouch
vise the statutes, since its creation, and in that capacers, I shall have it examined and check sent to you for
ity I have contributed both to the preparation of the the amount due; but you must be under some great
original text and notes, and to the review of the text. mistake in supposing that the amount due to you is
And I have not hesitated in the following notes to any thing like the sum you now claim.” Held, that the state directly and plainly the action, plans and objects debt was revived, as the request to be furnished with
of the commissioners whenever a statement thereof an account with vouchers at a particular time aná
would tend to elucidate the subject under discussion. place did not negative the implied promise to pay
To have refrained from doing so would have been to arising from the admission of a balance due. Skeet v. do a wrong to the profession, who are entitled to that Lindsay, L. R., 2 Ex. D. 314.
information." The volume contains the commissioners' index, which is full and accurate, and the me
chanical execution of the work is all that can be deBOOK NOTICES.
sired. In fact we can recommend it to the profession NEW YORK CODE OF CIVIL PROCEDURE.
in this State, not merely as a useful volume, but as a The New Revision of the Statutes of the State of New York.
necessary one that no practicing lawyer can do withThe Code of Civil Procedure (first enacted as L. 1876, out, and one upon which he will be obliged to depend ch. 448, and amended in 1877), according to the Standard Text. Prepared, certified and deposited in the
for assistance after the first of next September. office of the Secretary of State, pursuant to law, by the The adoption of the new Code will, doubtless, imCommissioners to Revise the Statutes. With the New Marginal Notes and an Introduction, prepared by the
pose upon the profession much labor and some vexaCommissioners and accompanying the Standard Text; tion, but the volume before us will do all that can be also, full Explanatory Notes by Montgomery H. Throop, one of the Commissioners; together with all the pro
done to lighten that labor and relieve from that vexavisions of the former Code of Procedure which have tion. Whether it would have been better to retain not been repealed; also a Table showing the correspondence of the repealed sections of the latter to those
the old practice in the old form, cannot now be disof the present Code, and other useful matters. Albany: cussed. We are to have the new, and this being so, it Weed, Parsons & Company, Printers, 1877.
is well for the profession that they have a work within LMOST every law publisher has before this issued their reach which will make the transition from one
dispensation to another easy and plain. editions has been the result of private compilation and is not the Code enacted by the legislature and on
GENERAL STATUTES OF NEW YORK FOR 1877. file in the office of the Secretary of State. The commissioners to whom the work of compilation was in
The General Statutes of the State of New York, for the year
1877, containing all laws of a public and general nature trusted had, as it is well known, sixty days in which passed at the one hundredth session of the Legislature, to complete the duty assigned to them, and although
carefully collated with the originals in the office of the
Secretary of State; also the laws relating to the city of they were presumptively more familiar with the stat- New York. To be continued annually. Albany: Weed, ute than any other persons in the State, it being their
Parsons & Company, 1877. own handiwork, it has taken them very nearly the The excessive amount of statute law produced at allotted time to properly incorporate amendments each annual session of our legislature long since disinto it and arrange it as the law-making power de- heartened those of the profession who endeavored to signed it should be. This is enough to indicate how include within their libraries the whole body of such accurate and reliable the editions heretofore issued law. Not to speak of the expense, which is consideramust be. We have in several instances pointed out ble, the regular volumes of the session laws take up so errors which we casually chanced to meet in looking much shelf room, and are so unhandy to refer to that over the text of these hastily prepared volumes, but many practitioners, when they receive a volume, usuit is not merely the errors discovered that make them ally go through it and note all the acts altering or useless for the profession, but the fact that a person affecting the general law upon a fly leaf, or, in some consulting one of them can never be sure that he has instances, on the outside of the book. This is very the law before him as it is, besides the book cannot laborious, and, besides, it defaces the volumes. To be used as authority in the courts.
those who keep in their libraries the full series of the In this edition we have the official text as it was pre- session laws, a collection of the general statutes is pared and filed by the commissioners, and it is the soon felt to be necessary. The various editions of the only edition so far issued that has that merit. It is Revised Statutes since the first are only attempts to consequently the only reliable issue of the new Code separate the general legislation of the State from the as yet accessible to the profession. It has in addition local. The editors of some of these editions (secto the text of such Code and that of the various acts ond, third, fourth and fifth) undertook to classify connected with it or its operation, an appendix, the this general legislation in accordance with the plan work of the commissioners, showing the material followed by the revisers in their work, but with only changes proposed in the existing laws; a table of cor- partial success. In fact one of the editions is a mere responding sections, showing in what portions of this jumble of statutes, arranged about as well as an aucCode the repealed sections of the old Code are repre- tioneer would arrange a library for sale, and presents sented; the text of the portions of the Code of Civil the law in a way so that it can neither be understood
nor remembered. It was not until the late Judge Ed. title by discovery, and that there was no prior owner, monds undertook the task of compilation that our at least within the jurisdiction of mundane courts. general law could be said to be in an accessible or a The defendants claimed title under the law of accre reliable form. He wisely gave the law just as the lego | tion; that the stone fell on land in which they held islature left it, placing the Revised Statutes in two the fee-title; that the fee in the highway was in them, volumes and the enactments which were not part of subject only to the easement of public travel; that all those statutes in separate volumes. Since then the accretions to the highway belonged to the realty as annual contributions made to the general laws have much as if made on inclosures. The court, after a been issued, and now the entire general law of the long trial, decided for the owners of the land. - - It State is furnished in about one-fifteenth of the space is stated that of the 2,000 law students who appeared occupied by the Session Laws. This compilation has at the examination for pleaders at Allahabad, India, also an advantage over the Session Laws in the careful in January last, only thirteen have succeeded in passand thorough annotations made in its volumes, enab- ing for the High Court. ling the reader, if he wishes to do so, to make himself familiar with the judicial construction of such statutes The Pittsburg, Penn., Court of Quarter Sessions as have been passed upon and with all legislation bear- lately disposed of a criminal case with remarkable ing upon the same subject-matter. The present volume celerity. One Keener, who had been pardoned out of contains in addition to the general laws those relating State Prison for “meritorious behavior,” took to his to the city of New York, that municipality embracing old trade of burglary, and was captured one Friday so large a portion of our population and doing so large a night in the commission of that offense. On Saturshare of the business of the whole country, as to make day morning a true bill was found against him, and on enactments in relation to it really of general value. that day he was convicted and sentenced to ten years' The full titles and dates of approval of all the acts imprisonment. passed are given, so that in nine cases out of ten all that the practicing lawyer wishes to know can be The English lawyers and law journals are very sensifound here. There were 475 acts approved in 1877, tive about advertising, as appears from this extract somewhat more than one-fourth of which appear from the Solicitors' Journal of the 30th ult.: “Last here. The act known as the Code of Civil Procedure week a communication relating to a change in the is uot given, as that act itself fills a large volume and members of a legal partnership was inserted in the is published in another form, but all the accompanying advertisement columns of this journal. We need legislation in relation to the Code and its operation, hardly say that this was due to a pure oversight in the including the amendatory act (chap. 416), is given. publishing department, and was not intended or deThe volume is excellently indexed, and well printed sired either by the legal firm referred to or by the and bound, and contains a number of valuable anno- publisher of the Journal, who has invariably refused tations and references, and will, we have no doubt, to receive any advertisement of this kind."- In the soon find its way into every law library in the State.
United States Circuit Court at Pittsburg, Pa., on the 7th inst., at five minutes past one o'clock in the after
noon a case was submitted to the jury, and at fifteen NOTES.
minutes past three the jury came into court with a
verdict for the plaintiff, awarding him $128,808.41 current number of the Journal du Droit Inter
damages. national Privé et de la Jurisprudence comparé, contains articles upon the following subjects:
" De la
A few weeks ago, in the Queen's Bench Division, compétence des tribuneaux français dans les contes
before Mr. Justice Field, the following conversation tations entre étrangers," by Ch. Demangeat, Counsel
is reported to have occurred in a case of Wright v. or of the Court of Cassation; “Des conséquences
Trevor. Mr. Wilberforce appeared for the plaintiff. juridiques de la naturalization au point de vue du di
It was, he said, a demurrer to two paragraphs in the vorce,” by Ernest Lehr, Professor of Comparative
defendant's statement of defense. The action was for Legislation in the Academy of Lausanne; “De l'effet
libel, and the statement of claim alleged that the des jugements et actes étrangers dans la principauté de Monaco," by E. De Loth, Advocate in Monaco.
plaintiff was formerly a member of the lodge of FreeThe number contains the usual abstracts of decisions
masons of which the defendant was also a member.
The statemeut set out a letter written and published upon international subjects and review of the progress of legislation upon the same subjects in various coun
by the defendant about the unsuccessful election to
the lodge of certain persons who were proposed for tries, and will well repay perusal by all interested in
members. Field, J.- Are you a mason? Wilberthe progress of international law.
force-No. Field, J.-Are you, Mr. Cave? Cave, Q.
C.-Yes. Field, J.-It is contrary to the rules of MaThe meteor case, which we once before mentioned, sonry to come into a court of law on such a matter. has been decided. This case, it will be remembered, It will be much better to ask the Grand Master to inwas in regard to the property right in a meteor, which terfere and decide the question. Cave-We are perdropped a fragment weighing about seventy-five fectly ready to do so. Wilberforce said the plaintiff ponnds on a public highway over lands belonging to had made application to the Grand Master, and he the Amana society, a body owning property in com- had said that it was a case for a court of law. Field, mon, near Homestead, Iowa Co., Ill. Soon after, J.-There must be some error about it. Looking to the Henry Maas, while passing along the highway, dis- matter in dispute, I think it is eminently a matter for covered the fragment, and carried it to the store of the Grand Master. Cave-I quite agree. Field, J.-the society, where it was held by the society as their Let it stand over to go before the Grand Master. From property. Maas commenced action in the county what I see of it it is a case that the Grand Master will court to recover possession. The plaintiff claimed entertain.-Solicitors' Journal.
The Albany Law Journal.
ALL communications intended for publication in the great struggle that accompanied the separation of LAW JOURNAL should be addressed to the editor, and the the colonies from the mother country, being rename of the writer should be given, though not necessa
membered in this way by the citizens of the locality rily for publication. Communications on business matters should be ad
where it occurred. Most of the events celebrated dressed to the publishers.
have, however, been of a military nature, the Declaration of Independence and the Mecklenburgh convention heretofore forming the only exceptions. We have had at Kingston during the present week,
exercises commemorative of another civic occurALBANY, AUGUST 4, 1877.
rence of great local importance, and which perhaps
had an influence upon the whole country not less CURRENT TOPICS.
significant than some of the transactions of that THE
IE events of the past two weeks have given period to which the historian devotes more atten
rise to a discussion in numerous localities of the tion. The adoption, by a convention of the people question as to the right of the public authorities to
of this State, of a form of government which has prevent or suppress popular gatherings. The Con- remained with very few radical changes until the stitution of the United States provides that Con- present day, and a form which has furnished in the gress shall make no law abridging “the right of the constitutions of a number of other great Commonpeople peaceably to assemble and petition the gov- wealths, was an event more worthy of commemoraernment for a redress of grievances,” and a similar tion than any battle. By the labors of the men who limitation upon the legislative authority is found in drafted the Constitution of 1777, the province of the Constitution of every State. By many persons New York was fashioned into a republican State, this clause is believed to confer an unlimited li
and what was done by the soldiery, while in the cense to all who desire it, to gather in crowds in
last degree important and meritorious, was simply public places, and talk over such matters as may be that this republican State, and others like it, might convenient, and it is maintained that so long as continue to exist. It was an occasion worthy of there is no riotous or tumultuous behavior in such a
remembrance, and we are glad that the citizens of gathering, the police power cannot be authorized to Kingston and others, prominent in State politics, interfere. There have as yet been but few occasions did not let its centennial anniversary pass without in this country where there has been a necessity of
a proper tribute. discussing the question, and we do not understand that the discussion has ever reached the higher
We notice not unfrequently examples where a lav courts. We imagine, however, that if it does passed for one purpose is found useful to accomreach them, the limitation upon legislative power in plish another, which the law-makers could not have this matter will be found to be much less than it had in contemplation. It was some years ago orhas heretofore been generally understood to be.
dained by the Federal authority, that postage stamps The Constitution does not forbid statutory inter- should not be sold at a price higher than the nomiference with every kind of gathering, but only with
nal value. The object of this was to prevent exthe right of the people to assemble for a certain tortionate practices by postmasters. But the law purpose, namely, to petition the government for a was found available to suppress a fraudulent traffic redress of such grievances as the government can
entered into by a young gentleman who advertised legitimately control; and it merely secures such that he would furnish elegant likenesses of Washright as it existed at the time when the Constitution | ington and Franklin, engraved in steel, for the small itself went into effect. Under such a rule probably sum of a quarter of a dollar. The legislature of more than nine-tenths of the public meetings usually this State last winter, in order to check certain maheld could be legally prohibited. The legisla-licious acts usually committed by boys and tramps, tive power has seldom been exercised to prevent or which were liable to result in disaster, passed an even to regulate large gatherings, and until a very act providing that "any person who shall willfully late period there has been little necessity for its ex
place any obstruction upon any railroad, or loosen, ercise. But the increase of the disorderly element
tear up or remove any part of a railroad, or displace, with whose purposes a vast multitude of people are tamper or in any way interfere with any switches, in sympathy, has rendered the privilege of assem- frogs, rail, track, or other part of any railroad, so bling a dangerous one, which must be put under as to endanger the safety of any train, or who shall restrictions, if we hope to secure other rights which willfully throw any stone or other missile at any train are more essential to the well-being of most of us on any railroad, shall, upon conviction thereof, be than that of petitioning the government.
punished by imprisonment in a State prison, not
exceeding ten years, or be liable to a fine not exThe celebration of a centennial anniversary is a ceeding $1,000, or by both such fine and imprisonfrequent matter now, almost every event in the ment." This law, in connection with a reward
Vol. 16.-- No. 5.