ordinary diligence, the means being at hand. If the injured person had such warnings and opportunities of knowledge as would, with ordinary caution in such circumstances, have saved him from the danger, he will be held to have knowingly contributed to his own injury. The failure of a railroad train to give any signal when nearing a public crossing is not of itself negligence, in this State, unless the peculiar circumstances, the concealment of the train or the like, may render it necessary and proper. The Bellefontaine R. R. Co. v. Hunter. PRINCIPAL AND SURETY. 1. Promissory note: consideration. — Where a promissory note with surety has been given upon an agreement that the payee shall deliver up to the maker another note for the same amount theretofore executed by the same maker with other surety to the same payee, and the payee fails to so deliver up said other noto, there is no consideration to support the new note. Heeg et al. v. Weigand et al. 2. Additional securities.-If such new note be given to indemnify the security on the old note, the new one becomes an additional security in the hands of the payee, and the surety for whose indemnity it has been given, having paid the debt and received said new note from the payee, may recover thereon against the new surety. Ib. DIGEST OF RECENT ENGLISH DECISIONS. ADMIRALTY LAW. Collision: consequential damage: contributory negli gence. Two vessels came into collision, and one of them being rendered helpless, was driven ashore by a gale of wind, and three of her crew were killed and others injured. The other vessel was to blame. Held, that the other vessel was liable in damages for the loss of life and injuries, as they were the natural consequences of the collision. The crew might have gone on board other vessels before the wreck, but it would have been attended with great risk. Held, that as they were not bound to run any such risk, they did not contribute to their own loss or injuries. The George and Richard, Adm., 24 L. T. R. 717. BILLS OF EXCHANGE. Principal and surety: accommodation bills: giving time: discharge of surety.— A. accepted four bills of exchange for B., at a commission of four per cent. The bills were discounted by C., B. guaranteeing with C. to pay them at maturity. B. afterward requested C. not to press for immediate payment of the bills on arriving at maturity, and it was accordingly arranged that they should be held over during the currency of certain other bills which B. had deposited with C., as additional security. Held, that the four bills were not accommodation bills. Also, that there was no binding contract on the part of C. to give time to B., and, therefore, that A. was not discharged as surety. Oriental Financial Corporation v. Overend, Gurney and Co., Chan., 24 L. T. R. 774. CONTRACT. 1. Breach of - inability to perform through illness. A. having contracted to perform at a concert on a fixed day was taken so ill as to be unable to perform. A. informed plaintiff by letter that she was too ill to perform, which letter he received on the morning of the day fixed for the concert. Plaintiff put the concert off and sued defendant, A.'s husband, for the breach of performance. Held, that defendant was discharged from the performance of the contract if A. was unable to perform; that the contract was a conditional one, depending on the state of A.'s health, and that the promise to perform was not an express one to perform at all events. Robinson v. Davidson, Ex., 24 L. T. R. 755. "the 2. Privity of: sale of shares by brokers: usage of stock exchange: indemnity against calls.—The defendant instructed his brokers to purchase 100 shares in a certain joint-stock company. On April 26th they accordingly entered into two contracts upon the stock exchangeone for seventy and the other for thirty shares in the company, for delivery on the next account, 15th May. On May 9th the plaintiff, by his brokers, sold on the stock exchange fifteen shares in the company, for delivery on the 15th May. On May 10th the company stopped payment, and next day resolved to wind-up. On May 14th (name day) the defendant's brokers handed to the jobber, from whom they had bought the shares, a ticket, with the name of defendant as buyer, having express instructions from the defendant so to do. This ticket was "split," or divided, among different jobbers; and a "split" for fifteen shares passed from hand to hand until it reached the brokers of the plaintiff, the "ultimate seller." On May 15th the plaintiff executed a deed for transferring the fifteen shares to the defendant, which was, together with the certificates of shares, handed to the defendant's brokers, who accepted and paid for them on behalf of the defendant, without any express authority from the defendant, but in accordance with the custom of the stock exchange. On May 18th the defendant refused to accept the shares, and the plaintiff, being subsequently compelled to pay a call as the registered holder of them, brought an action against the defendant for not indemnifying him against the calls. Held, that a contract had arisen between the plaintiff and the defendant from the dealings of their respective brokers, who had acted under authority and according to the usage of the stock exchange; and that, as that contract had been broken by the defendant, the plaintiff was entitled to recover. Bowring v. Shepherd, Exch., 24. L. T. R. 721. FALE PRETENSES. Remoteness of the pretense: evidence. - An indictment for false pretenses charged that the defendant falsely pretended that he had a lot of trucks of coal at a railway station on demurrage, and that he required forty coal bags. The evidence was that defendant'saw prosecutor and gave him his card, “J. W. and Co., timber and coal merchants," etc., and said that he was largely in the coal and timber way, and inspected some coal bags, but objected to the price. The next day he called again, showed prosecutor a lot of correspondence, and said, that he had a lot of trucks of coal at the railway station under demurrage, and that he wanted some coal bags immediately. Prosecutor had only forty bags ready, and it was arranged that defendant was to have them, and pay for them in a week. They were delivered to defendant, and prosecutor said he let the defendant have the bags in consequence of his having the trucks of coals under demurrage at the station. There was evidence as to the defendant having taken premises, and having a small business in coal, but he had no trucks of coal on demurrage at the station. The jury convicted the prisoner, and, on questions reserved, this court held, that the false pretenses charged were not too remote to support the indictment, and that the evidence was sufficient to sustain it. Reg. v. Wilnot, C. Cas. R., 24 L. T. R. 758. LEASE. Grant of right of way: construction. In a lease the lessor demised certain hereditaments, together with free liberty and right of way and passage, and of ingress, egress and regress to and for the lessees and lessee, their or his workmen and servants, and all and every | other persons and person by their or his authority or permission, from time to time, and at all times, during the continuance of the lease, by, through and over a certain roadway or passage, jointly with the lessor and other the tenant or tenants, occupier or occupiers for the time being of the adjoining laud. Held, that this gave a right of way for foot passengers only, and did not extend to horses and carts. Cousens v. Rose, Rolls, 24 L. T. R. 820. PIRACY. Forfeiture of ship: sale.-There is no authority to be derived from principle or precedent for the position that a ship duly sold, before any proceedings have been taken on the part of the crown against her, by public auction to a bona fide and innocent purchaser, can be afterward arrested and condemned, on account of former piratical acts to the crown. Reg. v. McCleverty, The Telegrafo or Restauracion, Priv. Co., 24 L. T. R. 748. RAILWAY COMPANY. 1. Negligence: liability for injury by works over the line: liability for acts of contractors. — Girders were being placed above the respondents' line of railway, by workmen employed by the corporation of London. One of these girders fell upon a passing train and injured the appellant. In an action by him against the respondents for the damages thus sustained, held (affirming the judgment of the court of exchequer chamber), that the respondents were not liable, there being no obligation imposed upon them under the circumstances, to provide against the possible danger that might arise from a negligent performance of the work. And the respondents would not have been liable, even had the workmen been employed by them, since they would then have properly intrusted work of an ordinary kind to persons competent and experienced in work of that description. Per Lord Westbury, Daniel v. The Metropolitan Railway Co., H. of L., 24 L. T. R. 815. platform, he fell upon it, and received such injuries that he died. Another servant of the company called out to the passengers, "Keep your seats," but there was no evidence to show that this was before the deceased got out. At the trial before Blackburn, J., the learned judge directed a nonsuit, upon the ground that there was no evidence of negligence on the part of the defendants; and upon a motion to set aside such nonsuit, the court of queen's bench refused a rule. Held, by a majority of the court (Bramwell, Channell, Pigott, and Cleasby, BB.), that the nonsuit was right; Kelly, C.B., Willes and Keating, JJ., being of a contrary opinion. Held (per Kelly, C.B.), that it is a question for the jury whether the calling out of the name of a station at which a train has arrived amounts to an intimation that the train having stopped, the passengers (in the absence of qualifying circumstances) intending to alight at the station may alight in safety. Held (per Willes, J.), that the calling out of the name of a station is an invitation to get out or not, according to circumstances. That it is an announcement that the train is approaching, or has arrived at, the platform, and that the passengers may get out when the train stops at the platform, or under circumstances induced and caused by the company, and in which the passenger reasonably supposes he is getting out at the place where the company intended him to alight. Held (per Bramwell, B.), that the calling out of the name of the station is no invitation to get out. It is only an announcement that the station at which the train stops is the station named. Held (per Channell, B.), that as to whether or not the calling out of the name of the station is an invitation to alight, depends upon the circumstances; for that, in some cases, it may be an invitation, and in some not; but that it never can be taken as an invitation to a passenger to get out without using care. Held (per Keating, J.), that, although the calling out of the name of the station is not to be taken in all cases to be an invitation to alight, yet it is a statement when the train stops that the final stoppage has taken place. Held (per Pigott, B.), that the object in calling out the name of the station is to give notice to the passengers of the name of the particular station, so that each one may know whether it is the place to which he is destined. Held (per Cleasby, B.), that the calling out of the name of the station is for the information of the passengers, and that the stopping of the train is an invitation to the passengers to alight. Bridges v. The North London Railway Co., Exch., 24 L. T. R. 835. SALVAGE. Ships belonging to same owners. -When salvage services are performed by one ship to another, and both ships belong to the same owner, the crew of the ship which has performed the salvage services is entitled to salvage reward, if the services rendered are not such as the crew are bound to perform under their contract. The Sappho, Priv. Co., 24 L. T. R. 795. – 2. Accident: proof of negligence: evidence for the jury: calling out the name of the station.-In an action by the widow of a passenger killed while on the defendants' line, it appeared that the deceased was a season ticket holder, in the habit of traveling daily by the defendants' railway between Highbury and London, and on the night of the 20th January, 1869 he was a passenger returning from London to Highbury. There were several carriages in the train, and the deceased was in the last carriage. There is a tunnel of about 150 feet in length as the station is approached, and within it there is a slope of about 10 feet, leading up to the level of the platform. In the tunnel, and leading from the bottom of the slope, there was at the side of the railway for some distance a quantity of hard rubbish. Upon the above occasion when the train stopped at the Highbury station the last two carriages were within the tunnel. One of the railway servants called out, "High-specific performance on the 30th August, 1870. Held, bury," whereupon the deceased got out, and mistaking, as it was supposed, the heap of rubbish for the VENDOR AND PURCHASER. 1. Specific performance: rescission of contract: laches. lapse of time. —A vendor, under a power reserved to him by the contract, gave notice to the purchaser on the 7th April, 1869, that, as he could not comply with certain requisitions made by the purchaser, he rescinded the sale. The purchaser filed his bill for that the delay was fatal to the plaintiff's claim for relief. There is no distinction between laches on the 2. Specific devise followed by residuary devise: charge of legacies on real estate. A testatrix, after giving some pecuniary legacies, devised and bequeathed. all her real and leasehold estates to trustees upon trust to pay the rents and profits of her freehold house at G. (specifically describing it) to A. for life, with remainder to his children, in equal shares, and as to all the residue of her real and personal estate, the testatrix directed her trustees to pay the rents and income thereof to B. for life, with remainder to his children in equal shares. The personal estate proved insufficient for the payment of the legacies. Held, following Greville v. Brown, 7 H. L. Cas. 689, that the legacies were a charge on the residuary real estate, notwithstanding that a previous interest in real estate was given by the will. Skiller v. Hoisman, Rolls, 24 L. T. R. 745. 3. Vesting: gift to grandchildren who shall attain twenty-one: power of maintenance and advancement. Gift to the grandchildren of testatrix, who shall attain twenty-one, share and share alike, each to have a vested interest at twenty-one. Power of maintenance during minority and advancement out of a presumptive share. Held, that the class was ascertained when the eldest grandchild attained twenty-one. Gimball v. Perton, Chan., 24 L. T. R. 793. SCHEDULE OF STAMP DUTIES. TREASURY DEPARTMENT, The following regulations and abstract of the laws and rulings relating to internal revenue stamps, under schedules B and C, will supersede the instructions, series 5, No. 10, dated May 1, 1869. A. PLEASONTON, Commissioner. SCHEDULE OF STAMP DUTIES ON AND AFTER OCTOBER 1, 1870. Accidental injuries to persons, tickets or con Appraisement of value or damage, or for any other purpose: For each sheet of paper on which is written, Assignment of a lease, same stamp as original, and additional stamp upon the value or consideration of transfer, according to the rates of stamps on deeds. (See Conveyance.) Assignment of policy of insurance, same stamp as original instrument. (See Insurance.) Assignment of a mortgage, where it or the instrument it secures has been once duly stamped.. Otherwise, same stamp as that required upon a mortgage for the amount remaining unpaid. $0.5 ...exempt. Bank check, draft, or order for any sum of money drawn upon any bank, banker, or trust company at sight or on demand...... When drawn upon any other person or persons, companies or corporations, for any sum exceeding $10, at sight or on demand.. Bill of exchange (inland), draft, or order for the payment of any sum of money, otherwise than at sight or on demand, or any promissory note, or any memorandum, or other written or printed evidence of au amount of money to be paid on demand or at a time designated: For a sum less than $100..... ....... And for every additional $100 or fractional part thereof in excess of $100..... Bill of exchange (foreign), or letter of credit drawn in, but payable out of, the United States: If drawn singly, same rates of duty as inland bills of exchange or promissory notes. If drawn in sets of three or more, for every bill of each set, where the sum made payable shall not exceed $100 or the equivalent thereof in any foreign currency.. And for every additional $100, or fractional part thereof in excess of $100.. Bill of lading or receipt (other than charterparty) for any goods, merchandise, or effects to be exported from a port or place in the United States to any foreign port or place.... Bill of lading to any port in British North America.... exempt. .exempt. .exempt. Bill of lading, domestic or inland. Bill of sale by which any ship or vessel, or any part thereof, shall be conveyed to or vested in any other person or persons: When the consideration shall not exceed $500.... Stamp duty. ..exempt. .exempt. Exceeding $500, and not exceeding $1,000.... Exceeding $1,000, for every additional amount of $500 or fractional part thereof...... Bond for indemnifying any person for the payment of any sum of money: 1 00 50 Agreement or contract not otherwise specified: For every sheet or piece of paper upon which either of the same shall be written........ Agreement, renewal of, same stamp as original instrument. ..exempt. 5 Contract, renewal of, same stamp as original instrument. Conveyance, deed, instrument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or purchasers, or any other person or persons, by his, her or their direction, when the consideration or value does not exceed $500.... 50 Exceeding $1,000....... ....... Bond for due execution or performance of duties of office....... Bond, personal, for security for the payment of money. (See Mortgage.) Bond of any description, other than such as may be required in legal proceedings, or used in connection with mortgage deeds, and not otherwise charged in this schedule. Brokers' notes. (See Contract.) ..... Certificates of measurement or weight of animals, wood, coal, or hay.... Certificates of measurement of other articles.. Certificates of stock in any incorporated company. Certificates of profits, or any certificate or memorandum showing an interest in the property or accumulations of any incorporated company: If for a sum not less than $10 and not exceeding $50... Exceeding $50 and not exceeding $1,000.... Exceeding $1,000, for every additional $1,000 or fractional part thereof.... Certificate. Any certificate of damage, or otherwise, and all other certificates or documents issued by any port warden, marine surveyor, or other person acting as such... Certificate of deposit of any sum of money in any bank or trust company, or with any banker or person acting as such: If for a sum not exceeding $100........ For a sum exceeding $100.. 2 5 25 Conveyance. Certificate of record of a deed..exempt. Credit, letter of. Same as foreign bill of ex Custom-house withdrawals. (See Entry.) Endorsement of any negotiable instrument...exempt. acknowledgment of its fulfillment.........exempt. Entry of any goods, wares, or merchandise at any custom-house, either for consumption or warehousing: Not exceeding $100 in value.... Exceeding $100, and not exceeding $500 in value...... 98 50 100 .exempt. Insurance (life) policy. When the amount 1 00 3 00 insured shall not exceed $1,000...... Exceeding $1,000, and not exceeding $5,000... Exceeding $5,000..... 1 00 5 00 10 00 Insurance (marine, inland and fire) policies, or 2 Contract. Broker's note, or memorandum of sale of any goods or merchandise, exchange, real estate, or property of any kind or description issued by brokers or persons acting as such: For each note or memorandum of sale.. Bill or memorandum of the sale or contract for the sale of stocks, bonds, gold or silver bullion, coin, promissory notes, or other securities, made by brokers, banks or bankers, either for the benefit of others or on their own account: For each hundred dollars, or fractional part thereof, of the amount of such sale or contract.......... Bill or memorandum of the sale or contract for the sale of stocks, bonds, gold or silver bullion, coin, promissory notes, or other securities, not his or their own property, made by any person, firm or company not (*paying a special tax as) a broker, bank, or *The special taxes here refered to have been repealed. ...... Writ or other original process, by which any suit, either criminal or civil, is commenced in any court, either of law or equity... .exempt. Confession of judgment or cognovit...... .exempt. Writs or other process on appeals from justices' courts or other courts of inferior jurisdiction to a court of record.... ..exempt. Warrant of distress.... ...exempt. A [These provisions do not apply to vessels or steamboats plying between ports of the United States and British North America.] Memorandum of sale, or broker's note. (See Contract.) Mortgage of lands, estate, or property, real or personal, heritable or movable, whatsoever, a trust deed in the nature of a mortgage, or any personal bond given as security for the payment of any definite or certain sum of money: Exceeding $100, and not exceeding $500... Exceeding $500, and not exceeding $1,000..... And for every additional $5'0, or fractional part thereof, in excess of $1,000.. (See Assignment of Mortgage.) $0 5 1 00 3 00 ment of any debt.... Receipts for the delivery of property.. 5 00 ..... Power of attorney to receive or collect rent... Power of attorney to sell and convey real estate, or to rent or lease the same........................ Power of attorney for any other purpose... Probate of will, or letters of administration: Where the estate and effects for or in respect of which such probate or letters of administration applied for shall be sworn or declared not to exceed the value of $1,000..... Exceeding $1,000, and not exceeding $2,000... Exceeding $2,000, for every additional $1,000, or fractional part thereof, in excess of $2,000..... 25 1 00 50 .exempt. 1 00 Promissory note. (See Bill of Exchange, inland.) Deposit note to mutual insurance companies, when policy is subject to duty... 50 ...exempt. ..exempt. ..exempt. In all cases where adhesive stamps are used for denoting the tax upon an instrument, the person or party using or affixing them must so affix them that the entire surface of each and every stamp shall be exposed to view, and must cancel them by writing or imprinting upon each stamp with ink the initials of his name, and the date (year, month and day) on which the same is attached or used, or by cutting and canceling the same by a machine which shall affix the date, and so cut and deface the stamp as to render it manifestly unfit for re-use, and at the same time shall not so deface the stamp as to prevent its denomination and genuineness from being readily determined. When stamps are printed upon checks, etc., so that in filling up the instrument the face of the stamp is, and must necessarily be, written across, no other cancellation will be required. All cancellation must be distinct and legible, and, except in the case of proprietary stamps from private dies, no method which differs from those above described can be recognized as legal and sufficient for stamps under Schedules B. and C. STAMPING OF INSTRUMENTS BY COLLECTORS. Any person having an instrument about to be issued may present it to the collector, who, under the authority conferred upon him by section 162, will so |