SUPREME COURT OF MASSACHUSETTS.1

Administrator-Expenses before discovery of Will, &c.-One who bas been appointed administrator of the estate of his deceased wife, prior to the discovery of her last will, and under the supposition that no will existed, is not entitled to charge in his account of administration, after her will has been established, the expenses of opposing the probate thereof. But he may be allowed for expenses incurred in good faith, during his administration, before the establishment of the will, in procuring ancillary administration to be taken out in another state, for the collection of debts due to the estate of the deceased therein, and in indemnifying the administrator so appointed for his expenses in collecting such debts; and also for services performed and expenses incurred in good faith, with the knowledge of and without objection from the heirs at law, in securing the growing fruits and crops, and taking care of the stock, upon her farm, for which he has duly charged himself in his account: Edwards vs. Ela.

Devise-Trust-Failure of Trustee to accomplish purpose of Trust.— A devise of land and money in trust for the purpose of maintaining a "school-house and school, to be taught by a female or females, wherein no book of instruction is to be used to teach except spelling books and the Bible," is valid: Tainter et al. vs. Clark.

A trust under a will does not become extinguished by the failure of the trustee to accomplish its purpose within a reasonable time; but the trustee may be required to execute it, on a proper process by a proper party ·

ld.

Agreement to indorse-Liability on-Reasonable Notice.-Under an agreement to indorse any paper which another person may give for purchases made, to a certain amount each month, no liability arises until the purchases have been made and the notes given or requested to be given. or unless notice of the purchases has been given to the contracting party within a reasonable time; and a delay of nearly four months is unreasonable: Schlessinger et al. vs. Dickinson.

Limited Partnership—Strict compliance with Statutes respecting-Prong of special loss not necessary.-One who has not strictly complied with the requisitions of the statutes respecting limited partnerships cannot claim

1 From Charles Allen, Esq., Reporter; to appear in the 5th volume of his Reports.

exemption, as a special partner, for the debts of the firm of which he is a memoer: Pierce vs. Bryant and Another.

The provision of Gen. Sts. c. 55, § 22, requiring an actual cash payment, as capital, to be made by one who enters a firm as a special partner, in order to exonerate him from liability for the debts of the firm, is not complied with by the delivery to the firm of promissory notes, which are received and treated as cash: Id.

The actual cash payment, as capital, required by Gen. Sts. c. 55, § 22, of one who enters a firm as special partner must be made prior to the publication of the certificate of the formation of the firm: Id.

In order to charge as a general partner one who has entered a firm as a special partner, without complying with the requisitions of the statutes respecting limited partnerships, it is not necessary for the creditor to prove that he has sustained any special loss by reason of such want of compliance, or that the party sought to be charged has been guilty of bad faith: Id.

Injury to person on Sidewalk-Liability of Town therefor.-A town is liable, under Gen. Sts. c. 44, § 22, to pay damages to a person who receives an injury by the fall of an awning projected over the sidewalk of a street by the owner of a building, if the awning has been, for the space of twenty-four hours before the happening of the injury, so frail that in the winds, rains and snows ordinarily occurring in this climate it was likely to fall, and did fall, from such cause, although the direct cause was Anow which fell thereon less than twenty-four hours before: Day vs. Inhabitants of Milford.

Equitable Jurisdiction-Fraudulent Deed-Reconveyance. The equitable jurisdiction of this court does not extend to cases where the parties have a plain, adequate, and complete remedy, either at common law, or under the statutes of the Commonwealth: Pratt vs. Pond et al.

A bill in equity does not lie to compel a reconveyance of land by the grantee named in a deed, which has been fraudulently obtained of the grantor and put on record after the execution but before the delivery thereof: Id.

Equitable Jurisdiction-Refusal of Mortgagor to deliver up Mortgage.— This court has jurisdiction in equity to require the delivery and surrender of a deed of mortgage, which, after having been executed and delivered, though not acknowledged, has been intrusted to the mortgagor for the purpose of having it recorded, if he thereupon retains it in his own pos

session and refuses to deliver it up or have it recorded: Pierce vs. Lam

son.

Mortgage-Continuance of as Security for new Indebtedness by oral Agreement.-Although a mortgage cannot, by an oral agreement, be continued in force as security for a new indebtedness, not embraced within the terms of its condition, yet, if such an agreement has been made, and money has been advanced in consequence thereof by the mortgagee to the mortgagor, a court of equity will not aid the latter, or one who has taken a conveyance from him with knowledge of the facts, in obtaining a release or discharge of the mortgage from the mortgagee: Joslyn vs. Wy

man.

Mortgage Right of Holder of second Mortgage to compel Holder of firs to use due diligence, &c.—The holder of a second mortgage of real estate, which is subject to the mortgagor's right of homestead in a part of the premises, may, in a bill to redeem, compel the holder of the first mortgage, which is not subject to the right of homestead, after he has taken. and maintained actual and exclusive possession for the purpose of foreclosure, for breach of condition, to account to him for all the rents and profits which by due diligence he might have received, including rent for the homestead: Richardson vs. Wallis.

NOTICES OF NEW BOOKS.

REPORTS OF CASES DETERMINED IN THE SUPREME COURT OF THE STATE of Illinois, during the years 1861 and 1862. By E. PECK, Counsellor at Law. Vol. XXVII. Chicago: E. B. Myers. 1863.

We have here the twenty-seventh volume of the Reports of a State which was almost an unbroken wilderness within the professional life of many members of the bar not yet retired from active service. It seems wonderful, in reading its great number and variety of cases, that so new a state should already present so large a proportion of those important and perplexing problems which occupy the attention of the judicial tribunals in countries of more extended commerce and more advanced social and civil relations. We notice here almost all the questions discussed and determined which we should expect to find in the current volumes of reports in any of the older states. And although in none of them is there much reference to cases out of the state, we cannot perceive but

the decisions adhere as closely to established principle, and to the latest precedents even, as those of any other state. We have had occasion be fore to express regret, and we cannot forbear to renew the expression of our regret, that so large a proportion of the more recent decisions in the most commercial of the American states, should be pronounced and reported with so little reference to the discussions and decisions upon the same or analogous questions in others of the American states and in England. The result must very soon be, that the jurisprudence of the several states will become so completely isolated, that there will cease to exist any common bond of union among them in that respect. And although this may seem of no great importance to the careless observer or the incurious student of social and civil progress, the philosophic expositor of history cannot fail in this symptom of isolation to foresee, or to forebode, the evil consequences of having one law at Rome and another at Athens, as being but the harbinger of greater and greater disintegration, in the very woof and web of social life among us.

This result has, naturally enough, thus far been attributed to want of access to books, want of leisure in the courts, and to other temporary or accidental causes. But we apprehend that more of this is fairly to be placed to the account of the fact that many of our new states are already becoming great empires in themselves, and that they can scarcely afford any longer to play the part of mere dependencies upon the older states whose whole material wealth and business is not one-tenth of their own.

Codification too has now been carried to such an extent, in most of the states, that each state has a distinct code of its own; and it is as much as the courts can attend to, so to frame their decisions as to secure symmetrical results with reference to their own local legislation.

This volume contains a large number, and in fact a large proportion, of cases involving important interests and important principles. Among these we may mention the subjects of Currency, Corporations, Internal Communication by Railways and Navigation, Negotiable Instruments, Partnership, Equity Jurisprudence, Real Estate, Taxes and Taxation, Wills, and the Settlement of Estates.

The Reporter, Mr. Peck, with his accustomed carefulness and good taste, has given us an accurate statement and analysis of the cases, and a very thorough and exhaustive index. We trust none of the public libraries in the law will fail to secure an early copy of these reports, and, for private libraries, few state reports will be found more valuable.

I. F. R

TREATISE ON THE LAW OF PRIVATE CORPORATIONS AGGREGATE. By JOSEPH K. AnGELL and SAMUEL AMES. Seventh edition; revised, corrected and enlarged. By JOHN LATHROP, of the Boston Bar. Boston: Little, Brown & Co.

This edition of a standard work upon an important department in the law, by the careful revision of its present faithful and pains-taking editor. is rendered, perhaps, as nearly complete as we have any reason to expect. It contains careful references to all the recent cases upon the numerous topics discussed, and the substance of the points decided is given whenever it tends in any manner to extend or qualify the text. It is scarcely necessary for us to say more than that the work fully maintains its longestablished character for thoroughness and accuracy. And we cannot forbear to say, that it is refreshing, when we meet so many of a different character, to find a law book got up with such liberal pages, not of margin, but type, and of such fair paper, and so neatly and substantially bound. I. F. R.

A TREATISE ON THE AMERICAN LAW OF EASEMENTS AND SERVITUDES. BY EMORY WASHBURN, LL.D., Bussey Professor of Law in Harvard University, Author of a Treatise on the American Law of Real Property. Philadelphia: George W. Childs. 1863.

This is a book much needed by the profession in this country, and al! who have become familiar with Prof. Washburn's treatise upon the Law of Real Property, will be prepared to expect, that the work of preparation would be done faithfully and acceptably. In the present work we feel reasonably sure that most of the cases, both English and American, Learing upon the questions discussed, have been carefully examined by the author, and that the points determined are faithfully and fully presented. In regard to a book embracing so many topics, and of so great extent, it is scarcely possible in a brief notice to speak much in detail. But we have examined portions of the volume with considerable care, and so far as we have been able to determine, the subjects discussed are considere in all their bearings, and the cases fully presented, which latter circumst-ace we esteem a great merit in a recent law book. For while we do not desire to see a book encumbered by numerous citations of cases -pon points in regard to which no conflict of decision has ever arisen, it is important that the author should be able to inform us accurately or all points in regard to which extensive discussions in the courts have arien. and especially where any considerable conflict in the decisions exist. Ju such cases we desire to see all the cases carefully analyzed and perspicuously presented. We feel confident the profession will find this a valua ble aid and a reliable guide in the preparation of cases. I. F. R