Imágenes de páginas

4. Representations in application for policy: use of vides for the assessment for such improvements intoxicating liquor: question for jury.-In an applica- upon the property benefited, “of all the expenses tion for a life insurance policy, the applicant in reply which shall have been paid or incurred. * * * And to questions as to his habits in respect to the use of the said board of assessors are hereby authorized and intoxicating liquor, stated that he did not use ale, required to assess, in the manner provided by law, upbeer or wine, that his habits of life were "correct and on the property benefited by the several improvetemperate in all respects," that he was "abstemious, a ments * * * respectively such expenses; * * * free and generous liver." At the trial of an action and all the provisions of law in relation to making, on the policy, testimony was introduced by the de- entering and collecting assessments for local improve. fendant showing that about the date of the applica- ments in said city shall apply to every such expense tion and before it applicant did drink whisky, and and assessment." An assessment of more than oneunce to the point of intoxication. On the other side half the value of petitioner's lots was made thereon there was testimony from those who knew him well, for local improvements authorized in 1871, and inor were very intimate with him, that his habits were cluded within the purview of the act of 1872, and comgood and he drank but very seldom and they never pleted in 1873. Held, that the act of 1840, limiting saw him intoxicated, that they had known him to re- assessments to one-half the assessed value of the propfuse liquor, and never saw any thing to induce belief erty, was the general law governing all assessments that he was not perfectly temperate. Held, to make for local improvements; that this provision was not a question for the jury, whether applicant made a abrogated by the act of 1872, and that the assessment fraudulent answer in his application for insurance. on petitioner's lots was invalid and could not be enJudgment below affirmed. Van Valkenburgh, adm'r, forced. Order of General Term reversed. In Matter V. American Popular Life Ins. Co. Opinion by Fol. of Petition of Cram. Opinion by Andrews, J. ger, J.

2. Implied repeal of statute: rule as to. — The rule 5. What is useof intoxicating liquor.-A ques | that a subsequent statute effects a repeal of a former tion whether one makes “use” of “intoxicating one by implication "only so far as it is clearly and inliquors or substance," held, a question which does not disputably contradictory and contrary to the former direct the mind to a single or incidental use, but to a act in the very matter, and the repugnancy such that customary and habitual use. Ib.

the two acts cannot be reconciled” (Foster's Case, [Decided June 19, 1877.]

11 Rep. 59), applies with great force, when the effect of • NEGLIGENCE.

holding the former statute repealed by implication Injury done to trespasser: fire escape: child ten years

would be to change the settled policy of the law upon

the subject to which the latter statute refers. Ib. old trespassing.- Plaintiff's intestate was a boy of ten

[Decided May 22, 1877.] years of age, and lived with his father in the upper

SERVICE. story of a tenement of defendant. The window of the

1. Of summons on foreign corporation : cause of acroom occupied by the father opened upon a fire escape

tion arising in this State. - Plaintiff made a contract which had been constructed by the defendant in ac

with defendant, a Nebraska corporation, to enter its cordance with Laws of 1873, ch. 863, $ 36. The window

service for five years. His business was to procure Menwas about sixteen inches from the platform of the fire

nonites, who were expected to emigrate to this counescape. Intestate stepped on the platform of the fire

try from Russia, to purchase and settle upon defendescape, which was about eight feet in length and three

ant's lands in Nebraska. He was bound during the and one-half feet wide, aud had an iron railing around

whole time to maintain at his own expense an office in the outside portion of it, and then passed to the end,

the city of New York, and he was to go to Europe for where there was a trap-door and a ladder leading to

two or three months to arrange for the emigration of the platform on the next story below. The hinges of

Mennonites. There was no place specified where the the trap-door, which were rusted and only fastened

contract was to be performed, but plaintiff's head-quarwith a small wire and a string, gave away, and he was

ters were to be in New York. Held, in an action ou precipitated below and killed. By the statute above

the contract, that the principal part of the contract mentioned, landlords are required, under certain pen

was to be performed in New York, and the cause of alties, as a protection against danger from fire, to erect

action arose there, so as to render a service of a sumand keep in repair firo escapes to tenement houses.

mons upon one of the directors of the defendant, Held, that the intestate was a trespasser, and defend

while in this State upon his own private business, ant owed no duty to him to keep the fire escape in

valid service upon the corporation (Code, $ 134). Order repair, and defendant was not liable for intestate's

below affirmed. Hiller v. Burlington & Missouri River death. Judgment below reversed and new trial or

R. R. Co, in Nebraska. Opinion by Earl, J. dered. McAlpin, Adm'r, v. Powell. Opinion by

2. Constitutional law: statutes regulating service of Miller, J. Church, C. J., dissented.

process. — Held, also, that the statute authorizing such [Decided June 12, 1877.)

service was within the legislative authority, and not NEW YORK CITY.

in violation of any constitutional provision. Ib. 1. Assessment of property for local improvement: rule [Decided June 19, 1877.] governing: statutory construction.-By Laws of 1840, ch. 326, & 7, the assessment to be made for local im

RECENT BANKRUPTCY DECISIONS. provements in the city of New York is limited to one

ATTACHMENT half the value of the real estate, assessed as valued by Not dissolved by composition.-An attachment in a the assessors of the ward. By Laws of 1872, ch. 580, State court, levied within four months of the oomprovision was made in reference to the approval of mencement of involuntary proceedings, is not discertain contracts previously entered into with the city solved by a composition under the bankrupt law, withfor local improvements, without the observance of out an adjudication and assignment. U. S. Dist. Ct., the prescribed formalities; and the act further pro. | Iowa. In re Shields, 15 Nat. Bankr. Reg. 532.

a sale of the equity of redemption, and there is no substantial doubt as to the amounts due the prior incumbrancers. An adjudication in bankruptcy does not give the bankrupt court such exclusive jurisdiction over the property of the bankrupt as to prevent the entry of a decree of foreclosure on a bill filed prior to such adjudication. A pledgee of bonds as collateral to a loan is not deprived of his right to sell the same by any of the provisions of the bankrupt act, and a purchaser of such bonds, sold after the pledgor became bankrupt, holds them by absolute right. U. S. Sup. Ct. Jerome v. McCarter, 15 Nat. Bankr. Reg. 546.

PARTNERSHIP. Right of partner to propose individually for composition: jurisdiction.-One member of a firm which has been adjudicated bankrupt may submit a proposition of composition to the creditors of the firm and his individual creditors. The jurisdiction of the bankrupt court is not affected by the fact that an assigument for the benefit of creditors under the State law had been made prior to the adjudication. U. S. Ciro. Ct., N. D. Ohio. Pool v. McDonald, 15 Nat. Bankr. Reg. 560.


BAR TO ACTION. Discharge is : notice by publication.- Where notice has been duly given by publication, a discharge will bar the claim of a creditor whose name was omitted from the schedule, or was not furnished to the marshal, where such omission was not fraudulent. Sup. Ct., Georgia. Heard v. Arnold, 15 Nat. Bankr. Reg. 543.

DISCHARGE. Jurisdiction of court to grant, presumed: fiduciary debt: pleading.-Where the discharge of a bankrupt is brought into question in a collateral action, and the record discloses nothing on the point, the jurisdiction of the court granting such discharge will be presumed. Prima facie, a judgment upon a promissory note is not for a fiduciary debt. In an action to enjoin the collection of a judgment on the ground that the debtor has been discharged in bankruptcy, a copy of the discharge need not be set forth in the complaint, but the discharge may be pleaded by a simple averment of the facts. Sup. Ct., Indiana. Hayes v. Ford, 15 Nat. Bankr. Reg. 569.

FRAUD. Knowledge, when essential to constitute.-In a suit in equity brought by the assignee to set aside a sale as fraudulent under sections 5128 and 5129, the bill must allege that the defendant knew that such sale was made in fraud of the provisions of the act, and such knowledge must be proved in the evidence taken in support of the bill. U. S. Dist. Ct., E. D. Virginia. Crump v. Chapman, 15 Nat. Bankr. Reg. 571.

HOMESTEAD. Jurisdiction of court of bankruptcy over: agreement to extend time of payment.-Where the homestead of the bankrupt has been sold, pursuant to an order of the bankruptcy court, to satisfy a debt secured upon it by a deed of trust or mortgage, such court has jurisdiction to order the bankrupt to deliver up possession of the property to the purchaser. An agreement to extend the time of payment of a debt secured upon real estate by a mortgage or deed of trust need not be in writing. U. S. Ciro. Ct., E. D. Missouri. In re Petts, 15 Nat. Bankr. Reg. 536.

HUSBAND AND WIFE. Mortgage by wife on separate property for husband's benefit: preference.-Where a wife executes a mortgage on her separate property for the payment of the debts of her husband, who thereby receives a greater sum than he would be entitled to by the courtesy in the residue of the amount realized on a sale of the property under the mortgage after payment of the mortgage debt, the heirs or representatives of the deceased wife are entitled to the fund in preference to the assignees of the husband. Sup. Ct., Pennsylvania. Shippen and Robbins' Appeal, 15 Nat. Bankr. Reg. 553.

JUDGMENT. Lien of, not affected by bankruptcy.-A lien obtained under a judgment is not affected by proceedings in bankruptcy commenced thereafter. The fact that an appeal has been taken from the judgment does not alter the case, where no bonds have been executed by the appellant, as required by law. U. S. Dist. Ct., California. In re Gold Mountain Mining Co., 15 Nat. Bankr. Reg. 545.

JURISDICTION. Bankrupt court and court of equity.-Prior mortgagees are not necessary parties to a bill to foreclose a junior mortgage where the only object of such bill is


HABEAS CORPUS. When writ denied: for what not designed. – Where the facts stated in a petition for a writ of habeas corpus, and the papers thereto apnexed, if established, will not warrant the discharge of the prisoner, the writ will be denied. The writ of habeas corpus is not designed to perform the office of an appeal or writ of error; and cannot be resorted to for the purpose of reviewing orders or judgments which are merely erroneous, made or rendered by a court which had jurisdiction of the subject-matter and of the person. Thus, one who is imprisoned in default of bail, by order of a circuit court of this State, in which a criminal information is pending against him for embezzlement of moneys in his possession as county treasurer, will not be discharged by this court upon habeas corpus, on the ground that the information is insufficient to charge him with any offense, and that the circuit court erred for refusing to quash it for that reason. In re Semler.

NEGLIGENCE. 1. Fires set by railroad locomotive: contributory negligence. - Where a railroad is constructed at such a distance from a building that the latter is not likely to be set on fire by sparks from locomotives properly constructed and used, upon such road, it is not negligence in the owner not to remove such building. The railroad company, in such a case, cannot show, by parol evidence, that when it acquired by condemnation its right of way over the land of the owner of such building, he claimed that it would be necessary to remove the building by reason of the road being located so near it, and the cost of such removal was included in the appraisal of his damages. Caswell v. C., M. & St. P. Railway Co.

2. Negligence : when question for jury. — In actions for injuries from negligence, where the facts, though undisputed, still leave the inference of negligence in doubt, that question is for the jury. Nicks v. Marshall,

* To appear in 41 Wisconsin Report.

21 Wis. 139, and Delaney v. Railway Co., 33 id. 67, as the lease to C had been made by A without any distinguished; Kenworthy v. Town of Ironton.

reservation of the right to light. Effect of a proviso NEGOTIABLE INSTRUMENT.

as to easements considered. Chano. Div., March 7, Promissory notes : transfer of part due notes : notes

1877. Warner v. McBryde, 36 L. T. Rep. (N. 8.) 360. for purchase-price of land. - One who takes a promis

JURISDICTION. sory note, which shows that interest on the principal Bonds of foreign government: property of governsum therein named is past due and unpaid, takes itment in hunds of agent in England: pledge in favor of subject to all equities between the original parties. bondholders: principal and agent.-Plaintiff was the If the vendee of land, under an executory contract, holder of some of the bonds of a loan issued by the govabandons the possession, and the vendor resumes pos ernment of Peru, and the defendants were agents in session, without any agreement between them for a England of that government. Each bond contained rescission of the contract, it is not extinguished, and a statement that was a guaranty for the fulfillment the vendee's notes for the purchase-money continue of the obligations contracted in this bond, the gove to be valid as between the original parties. Hart v. ernment of Peru, under the national faith, pledges Stickney.

the general revenue of the republic, and especially the SALE.

free proceeds of the guano in Europe and in America Of personal property : sale to agent. - Where A orders,

after the engagements which it has contracted on in his own name, but for the use and as the agent of B

them are covered;" and that “in all contracts which (being duly authorized thereto), a chattel from a dis

the government may enter into for the sale of guano, tant market, and the same is so sent as to make A

or under whatever form the sale may have, it binds liable therefor to the vendor, he may pay for it, and, itself to direct that there be set aside out of the proupon delivering it to B, may recover from him the

ceeds of each half year a sum sufficient for the service amount so properly paid, although the chattel, on its of the half year; and, after such service being searrival, was not in good condition, and the payment

cured, to dispose freely of the surplus.” The interest by A was made after he had notice of that fact from B,

on the bonds had fallen into arrear. The plaintiff's who refused to receive it. Green v. Feil.

statement of claim alleged that the guano had been TORT.

forwarded by the government to the defendants, and Wrong done by several jointly. One wrong-doer, by received by them for the purpose of meeting the inwhose fault damage is caused to a party free from terest on the bonds; and that the guano, or the profault, cannot relieve himself from liability therefor by | ceeds of sale in the hands of defendants, became apshowing that some other wrong-doer contributed to plicable, and ought to have been applied by them, in the produce the injury. — Folsom v. Apple River Log first place, in payment of the unpaid interest due on the Driving Co.

bonds. Notice of the action had been given to the

Republic, but they made no claim to the guano or RECENT ENGLISH DECISIONS.

moneys in the defendants' hands. The defendants CONTRACT.

claimed a charge or lien on the guano or the proceeds 1. Cancellation of written agreement relating to land:

of sale thereof. On demurrer to the statement of

claim, held (affirming the decision of Hall, V. C.), that breach of contract: measure of damages in contracts relating to realty.-In the absence of fraud the court

the bonds were engagements of honor by the foreign will not entertain an application for the rescission or

government and did not contain any contract enforcecancellation of an agreement in writing relating to

able by the courts of this country, nor by the courts land, although incapable of being performed. The

of the country which issued them, without the conmeasure of damages for breach of contract is the

sent of the government. The bonds, therefore, gare same in contracts relating to realty as in contracts re

the plaintiff no right of action. The pledge, such as Jating to chattels. Chanc. Div., Feb. 14, 1877. Noble

it was, in the bonds, was made expressly subject to v. Edwardes; Edwardes v. Noble, 36 L. T. Rep. (N. 8.)

prior engagements, which must include the expense 312.

necessary for carrying on the government. The de2. Action by builder: architect fraudulently withhold

fendants were agents of the Republic, and an agent ing certificate : collusion with builder's employer.-An

could not be sued in the absence of the principal; and action will lie by a builder against an architect who,

as, in this case, the principal was a foreign govern

ment, it could not be sued at all. Ct. App., April 18, fraudulently and in collusion with the builder's employer, refuses to certify that he is satisfied with the

1877. Twycross v. Dreyfus, 36 L. T. Rep. (N. S.) 752. work done, whereby the builder is unable to obtain

LEASE. payment, if the architect has an interest in the con

1. Restrictive covenant by lessee : disposition by owner tract between the builder and his employer. Semble,

of tuo tenements: easement. The owner of an estate that such an action would lie without proof of special

demised one plot of land for a term of years by a lease damages. C. P. Div., May 9, 1877. Ludbrook v. Bar

which contained a covenant by the lessee that he, his rett, 36 L. T. Rep. (N. S.) 616.

executors, administrators and assigns, would not EASEMENT.

during the term do on the premises any thing which Obstruction of lights : contract.-A, the owner of two should be an annoyance to the neighborhood, or to adjoining houses, granted a lease of one to B, there then the lessor or his tenants, or diminish the value of the existing in it a certain window, for a term which ex adjoining property, nor build on the land any buildpired at Michaelmas, 1875; and afterward, in 1874, ing or erection without first submitting the plans to leased the other house to C. Semble, (1) that, during the lessor and obtaining his approval. He afterward the currency of B's lease, C could not build so as to demised an adjoining plot for a term of years by & interfere with the light coming to B's window; (2) lease which contained a similar restrictive covenant. that, on the expiration of B's lease, C could build so The first lease was assigned to a company, who proas to interfere with the light coming to the window, | posed, with the approval of the lessor, to erect a build.

ing which would interfere with the access of light to members of the committee for their inability to attend the house on the plot of land comprised in the second the meeting. lease. On a bill by the second lessee to restrain the A new edition of the Blue Book containing the act company from erecting and the lessor from approving of incorporation, a list of the members of the society, the proposed building, held (reversing the decision of etc., was presented to the meeting by Mr. Shepard. Bacon, V. C.), (1) that the principle that a lessor can, Mr. Shepard presented to the meeting the report of not derogate from his own grant did not compel him the committee on prizes, which was accepted and to refuse his approval of the proposed building, and

filed. (2) that the restrictive covenants in the first lease did

The report of P. S. Danforth, chairman of the comnot inure for the plaintiff's benefit; and that, conse mittee on admissions, was also received and filed. quently, he was not entitled to any relief. Ct. App., The following resolutions were then passed by the Dec. 19, 1876. Master v. Hansard, 36 L. T. Rep. (N. meeting: S.) 535. 2. Landlord and tenant: continuance of tenancy after

By Mr. Shepard: expiration of lease: assignees of reversion : covenant to

Resolved, That the Chairman appoint, with power repair.-A tenant for life of an estate for 1,000 years

to increase their own number and to fill vacancies,

five members as a committee of arrangements for the demised from year to year, with six months' notice to

annual meeting; that this committee prepare an order quit, lessee covenanting to repair. After the death of the tenant for life the co-executor assigned the rever

of exercises for that meeting; call in, arrange and sion of the estate for 1,000 years. The lessee con

print separately the various reports to be presented to

the Executive Committee on the day preceding the tinued to pay rent to the assignees of the reversion,

annual meeting; employ a stenographer to report the and gave six months' notice to quit. Held, that this furnished evidence that the lessee held over upon the

proceedings of the annual meeting; invite the attendterms of the original agreement, and was bound by

ance of the honorary members and any distinguished

lawyers from abroad; invite the reading of theses or the covenant to repair. Held, also, that the executor

the delivery of addresses by designated members on of the tenant for life was properly joined as a plain

topics to be assigned by the committee; and take such tiff. C. P. Div., May 29, 1877. Wyatt v. Cole, 36 L. T.

other steps as they may deem best to secure a large Rep. (N. S.) 613.

attendance of the profession and give permanent inSHIPPING.

terest to the proceedings. 1. Material men; equipment: British ship: lien : purchaser with notice. A material man, who supplies By Mr. Shepard : stores and materials for the equipment of a British Resolved, That the Corresponding Secretary is diship, having no maritime lien, cannot enforce his rected to procure (as far as practicable) and submit elaim against the ship in the hands of a subsequent with his annual report, copies of the acts of incorpurchaser thereof, even though such purchaser has poration, articles of association, constitution, by-laws notice at the time of purchase that the claim is still and proceedings of all the State and other Bar Associunpaid. Adm. Div., April 17, 1877. The Aneroid, 36 ations and Legal Societies in this State, other States L. T. Rep. (N. S.) 448.

and countries, and that he is charged with the duty of 2. Salvage of life: liability of cargo: merchant ship- carrying into practical operation the last clauses of our ping act 1854 (17 & 18 Vict., c. 104), sections 458, 459.- act of incorporation, which are in these words, viz. : Where life salvage is performed, cargo, subsequently “This corporation shall deposit a copy of its charter, salved from the same vessel as the lives, but by per constitution and by-laws, and of each of its annual sons employed by the owners for the purpose and reports in the State Library at Albany, and in each of wholly distinct from the life salvors, is liable to con the libraries provided for the use of the justices of the tribute toward the reward due to the life salvors un- Supreme Court in the several counties of the State. der the provisions of the merchants shipping act 1854, It shall be the duty of every local Bar Association to sections 458, 459. Ct. App., April 21, 1877. Cargo ex deposit with the New York State Bar Association a Schiller, 36 L. T. Rep. (N. S.) 714.

copy of its act or certificate of incorporation, or its articles of association and its constitution and by-laws

and its annual report”; and that the Corresponding NEW YORK STATE BAR ASSOCIATION.

Secretary certify the necessary expenses incident to IEETING of the Executive Committee of the New the discharge of his duties, to this committee for audit M York State Bar Association, held at the United and payment. States Hotel, Saratoga Springs, N. Y., July 18, 1877,

By Mr. Shepard : pursuant to a call of Hon. John K. Porter, President.

Resolved, That the Vice-Presidents of the AssociaPresent:

tion be requested to present at the annual meeting, 1st District-John K. Porter, Elliott F. Shepard. November 20, 1877, nominations for honorary mem3d District - Rufus H. King, M. T. Hun.

bership under article III of the Constitution, and for 4th District - John R. Putnam.

that purpose to correspond or confer with each other, 7th District - M. W. Cook.

and send their nominations to the Vice-President, E. C. Sprague, of Buffalo, was also present; and on Hon. Horatio Ballard, Cortland, N. Y. motion it was thereupon resolved that be be and is a And that the executive committee are of opinion member of the Executive Committee in and for the | that distinguished lawyers of other countries as well Sth Judicial District, in the place of James M. Willett, as of other States of the Union are appropriately eligideceased.

ble to such honorary membership. Letters were received from Hon. William Rumsey, And that the expense incidental to the performance John D. Kernan, Horace E. Smith, A. E. Suffern and of these duties be certified by Vice-President Ballard Albert Mathews expressing the regret of each of said I to this committee for audit and payment.

By Mr. Shepard :

By Johu R. Putnam: Amendments to rules and regulations of Executive Resolved, That the secretary of the society be reCommittee :

quested to send a copy of the third resolution to each V. In addition to the above methods of transacting

of the Vice-Presidents of the Association, and a copy

of the fourth resolution passed at this meeting to business by the general executive committee, any

each member of the Executive Committee of the member thereof may transmit to the chairman any

Association; also a copy of the fifth resolution passed resolution in writing upon any subject whatever, and if the chairman shall approve of submitting the same

at this meeting to each member of the Committee on to the committee he shall forward it with such ap

Law Reform; also a copy of the sixth resolution proval to the secretary, who shall thereupon print and

passed at this meeting to each member of the Com

mittee on Grievances. submit the same to all the members of the committee

The Committee then adjourned. by mail, who shall forthwith return their votes thereon to the secretary. Ten negative votes shall prevent the passage of any such resolution, and if that num

REPORT OF THE COMMITTEE ON PRIZES. ber shall not be received by the secretary within ten days after he shall have mailed it to the members,

New YORK, July 17, 1877. such resolution shall be adopted and so entered by the

MARCUS T. HUN, Esq., secretary in the minutes.

Sec'y Executive Committee VI. The secretary shall promptly transmit to every

N. Y. State Bar Association : officer of the Association (which includes all the stand DEAR SIR — Pursuant to your request, I would reing committees), and also publish in the ALBANY LAW spectfully report that the Committee on Prizes has been JOURNAL, a statement of every resolution of this organized by the election of the undersigned as Chaircommittee adopted by correspondence, and a tran man; and that the vacancy caused by the declination script of the minutes of every meeting of this com of Mr. Mills, in the second district, has been filled by mittee.

the election of Hon. Chauncey M. Depew, of Peekskill. VII. The resolution by Mr. Ivins on page 8 of the The Committee have adopted certain regulations for amendments to go in as No. VII.

the contention for the Post-Graduate Prize this year, By Mr. Sprague:

and for the transaction of its business, a copy of which Resolved, That the committee on law reform be re

is hereto annexed. The subject for the prize contenquested to report at the next annual meeting of the

tion is yet, and shortly, to be announced, and will then State Bar Association, to be held at Albany on the

be reported to you. 20th day of November next, such suggestions as they Very respectfully, may deem advisable, as to the action of the Legisla

Your obedient servant, ture at its next session, in respect to the Code of Civil

ELLIOTT F. SHEPARD, Chairman. Procedure.

Rules and Regulations of the Committee on Prizes. By Mr. Shepard : Resolved, That the Executive Committee have learned

First. The Post-Graduate Prize (of two hundred and that in various parts of the State some persons who

fifty dollars) for 1877 will be awarded to the writer of have never been admitted to the bar, and others who

the best thesis, argument or work upon the following have been disbarred, hold themselves out and solicit

subject. business as attorneys and counselors at law, either in

Second. The essay must be sent to the Chairman of their own names or associated with partners who are

the Committee, at his office, Tribune Building, New lawyers, thus imposing upon the public and injuring

York city, on or before the 25th day of October next, the fair fame of the profession.

signed merely with a nom de plume, and accompanied That this Committee, deeming the subject of suffi

with the real name of the writer in a sealed envelope. cient importance under the eighth article of the Con

Only the envelope containing the name of the winning stitution, present the same to the Committee on Griev

author will be opened; all others will either be deances, and request that Committee to embody in their

stroyed unopened or returned with the accompanying annual report to the Association, in November next,

manuscript to the author upon his request. The sucsuch recommendations for the redress of this griev

cessful essay will be the property of the Association, ance, the prevention of its continuance and the pun

and all other essays, not requested to be returned, will ishment of the guilty parties as they may deem best.

be filed for preservation in the archives of the Asso

ciation. By Mr. Shepard :

Third. The prize will be awarded at the annual Resolved, That the minutes of the Convention to

meeting of the Association, in Albany, November 20, form this State Bar Association be corrected as fol 1877, and his Honor, Mr. Justice Hunt, Associate lows:

Justice of the Supreme Court of the United States, On page 17, put Mr. Armstrong's resolution before has consented to present the same, if his official duties Mr. Van Allen's, and strike out in its first line "as an will permit of his attendance at the time. amendment," and in the last line " amendment."

Fourth. Only those can compete for this prize who On page 20, insert “the last paragraph of” before are members of the Bar of the State of New York, of “the XVth article was amended.”

not less than five years' standing, and the prize can On page 25, third line, strike out the prefix “re". only be awarded when there shall be at least five combefore “convene."

petitors. Fifth line, strike out “ Convention" and insert “A8 Fifth. Notice of the subject for the prize contest, sociation."

and the rules respecting the same, shall be given to On page 23, line 5 from bottom, substitute “com the profession by such appropriate methods as the mittee" for "convention."

Chairman may deem best.

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