have been honestly and accurately done. It is not so voluminous, but we miss nothing that now strikes us as desirable. The notes are pithy and brief, and, so far as we have examined, reliable- the chief virtue in such a work. One of its most useful features is a table of corresponding rules "showing in what rules of the Supreme Court of 1877, the superseded rules of 1874, 1871 and 1858, are represented.

HUBBELL'S LEGAL DIRECTORY-EIGHTH YEAR. Hubbell's Legal Directory for Lawyers and Business Men, containing the names of one or more of the leading and most reliable attorneys in nearly three thousand cities and towns in the United States and Canada; a synopsis of the collection laws of each State and Canada, with instructions for taking depositions, the execution and acknowledgment of deeds, wills, etc., and a concise synopsis of the Bankrupt Law, with registers in bankruptcy. Also, time for holding courts throughout the United States and territories for the year commencing October 1, 1877. To which is added a list of prominent banks throughout the United States. J. H. Hubbell, Editor and Compiler. New York: J. H. Hubbell & Company, 1877.

THE SOUTHERN LAW REVIEW.

The Southern Law Review, December - January, 1877, 1878.
New Series. Vol. III, No. 5. Published Bi-monthly.

St. Louis: G. I. Jones and Company, 1877.
The current number of this able magazine opens
with an article upon the Principles of Natural Juris-
prudence, by Wm. O. Bateman. This is an elaborate
discussion (covering sixty-two pages) of the science of
the duties enjoined and of the rights conferred by the
nature of man. It is worthy of the attention of all
who take pleasure in investigating the philosophy of
the law. The second essay upon "Power of Sale
Mortgages, and Trust Deeds," by Leonard A. Jones, is
a practical treatise upon a subject of very great interest
to the profession generally. "Master's Liability to
Servant," by Francis Wharton, is a valuable contribu-
tion to a rapidly developing and important branch of
jurisprudence. Notes of Current European Law,"

by Prof. Hammond, of the Iowa State University, is worthy the attention of every lawyer and cultivated man who desires to keep himself posted in the jurisprudence of the old world. The concluding article upon the "Effect of Tender to discharge Liens," etc., by L. W. Keplinger, is brief but of interest upon the subject treated. The book reviews, notes and digest are, as usual, carefully considered and form a very valuable part of the magazine.

COURT OF APPEALS DECISIONS.

THE following decisions were handed down on Tues

day, January 15, 1878:

Judgment affirmed with costs-People v. Lord; People v. Stephens; Carpenter v. Eastern Transportation Line; New York and Brooklyn Saw Mill company v. City of Brooklyn; Wilcox Silver Plate company v. Green; Thornton v. St. Paul, etc., Railroad company: Briggs v. New York Central, etc., Railroad; Willover v. Hill; Phelps v. Nowlen; City of Rochester v. Montgomery; Dewey v. Moyer; Dunn v. Hornbeck; Higenbotham v. Stoddard; Mathez v. Neidig; Ahern v. Goodspeed; Whitney v. Black River Ins. Co.; Coe v. Cassidy; Coe v. Hobby; Wright v. Wright; Wells v. Ross; Kidder v. Horrobin (3 cases): Sheridan v. Jackson. - Judgment affirmed-Quinn v. People. Order affirmed with costs - In re application of Myers.

While works of the character of the one before us are, as a rule, of only present value, and must be frequently revised, the practicing lawyer and the business man cannot dispense with them any more than the merchant can with his daily market report. There is hardly an individual in active business that does not several times in the course of a year wish to know what are the laws of a distant State on the subject of collections or transfer of property and who is a reliable attorney in some section of such State, and he frequently would be willing to pay more than the price of this volume for such information. And the practicing lawyer is frequently asked questions in relation to these matters which he is unable to answer without a tedious investigation of authorities with which he is unfamiliar. In this work a summary of the laws of each State and Territory and of the Provinces of Quebec and Ontario, up to October 1, 1877, in respect to the collection of debts, taking of depositions, etc., is given. The points touched upon in the space devoted to each State may be understood by instancing a single one. In Indiana first is noticed the condition of the statute law, next the judicial reports, then follow these topics: Practice, Jurisdiction of the Courts, Insolvent Laws, Voluntary Assignments, Actions, Limitations, Testi. mony, Proof of Claims, Promissory Notes and Bills, Service, Statute of Frauds, Arrests, Attachments, Garnishment, Appeals, Stay of Execution, Judgments, etc., Supplementary Proceedings, Redemptions, Exemptions, Liens, Claims against Deceased Persons, Descents, Aliens, Corporations, Divorces, Married Women, Dower, Interest, Taxes, Wills, Mortgages, Chattel Mortgages, Record of Instruments, etc. A number of appropriate forms applicable to the transaction of legal and other business in the State are also given. The statements of princi-nying motion to set aside judgment, dismissed with ple under each head are much more elaborate than costs People v. Stephens. Judgment of Supreme might be expected and seem, to be thoroughly accur- Court and decree of surrogate reversed, and proceedate. The list of attorneys in those localities, with ings remitted for rehearing by surrogate, with costs to which we are familiar, presents some of the best appellant to be paid out of the estate-Wright v. names, and all the persons mentioned known to us are Wright.- Judgment reversed, and judgment for dereliable. The list of banks is not entirely to be de- fendant declaring him entitled to the office, etc., with pended upon. The Bank of Lansingburg, for instance, costs People ex rel Conliss v. North.- Judgment which became insolvent nearly a year ago, is recom- modified so as to be without prejudice to the right of mended. This, however, does not detract from the the defendant to build an extension or addition to his merit of the book in other respects. The arrangement house to the same depth and height as the extension to of the work is excellent and it is well printed and the house on the Ludlow lot adjoining defendant's lot bound. on the south, and as thus modified affirmed without

Order affirmed with costs, payable out of estateThomson v. Taylor (in re Matterson).- Order affirmed and judgment absolute for defendant on stipulation with costs - Weeks v. New York, New Haven, etc., R. R. Co.; Germania Fire Ins. Co. v. Memphis and Charleston R. R. Co.- Motion for reargument denied with $10 costs Allen v. Meyer.-- Judgment reversed and new trial granted, costs to abide event — Horton v. Town of Thompson. - Appeal dismissed with costs Bastable v. City of Syracuse; Brown v. Sigourney.- Appeal from order affirming order de

costs of appeal to this court to either party - Lottimer v. Livermore. Judgment of Supreme Court and decree of surrogate reversed and proceedings remitted for rehearing by surrogate without costs in this court or in Supreme Court to either party as against the other, or as against the estate-Deraismes v. Deraismes.

BENCH AND BAR.

hill assuming charge. The first number issued under
the new arrangement gives evidence that the Law
Reporter will be conducted during the coming year
with ability and enterprise, and that it will fully meet
the needs of the profession in the Federal capital.
The San Francisco Law Journal has commenced to
publish the unwritten opinions of the California
Supreme Court. Hereabouts it is more than the
reporters and the profession care to do to keep up with

Pemberton, an eminent judge in the reign the written opinions. But California is not blessed

of Charles II, rose to legal eminence in a curious way. A rake and spendthrift, he found himself in prison, for years, for debt. There he began to take an interest in all the debt difficulties of his companions, and became perfectly versed in bankruptcy law, whence he turned his attention to other legal study, and at length emerged from prison primed with precedents and cases, which he speedily turned to valuable account.

Richmond Mumford Pearson, Chief Justice of North Carolina, died at Raleigh on the 5th inst. He was born in North Carolina, June 28, 1805, was graduated at the university of that state in 1823, and was admitted to the bar in 1826. He was chosen judge of the Superior Court in 1836, and in 1848 became Supreme Court judge, and became chief-justice in 1859. In 1868 he was elected to the same position which he held until his death. He was an able lawyer, a conscientious judge and possessed the confidence of the citizens of North Carolina without distinction of party. W. H. N. Smith, a well known lawyer of Raleigh, has been appointed to the position made vacant by his death.

A countrywoman was carrying on a very simple process against a neighbor in one of the small courts of Germany. The attorney of the opponent pestered her with so much chicanery and legal subtleties that she lost all patience, and interrupted him thus: "My Lord, the case is simply this: I bespoke of my opponent, the carpet maker, a carpet with figures which were to be as handsome as my lord the judge, and he wants now to force me to take one with horrible caricatures, uglier even than his attorney. Was I not right in breaking off the bargain?" The court laughed at the comparison, the attorney was stupefied, and the woman won her suit.

The following passage of words once took place between Lord Justice James when he was a vice-chancellor and Mr. Karslake, Q. C. The ViceChancellor observed to Mr. Karslake, "You have told me that three times before. My custom is this: When a thing is told me once I make a mental note of it; when it is told me twice I begin to forget it; and when it is told me a third time my mind becomes a perfect blank on the subject." "Your honor," replied Mr. Karslake, Q. C., "I am obliged to you for the information. I will now tell it to your honor for the fourth time, in order that it may come on the perfect blank and be made a mental note of as for the first time."

NOTES.

with as many courts and judges as we are.

Mr. Hoyt Post has tendered his resignation of the office of State Reporter of Michigan, to take effect March 31, 1878, and the court has accepted it and appointed to succeed him Mr. Henry A. Chaney. Mr. Chaney is the author of the last Michigan Digest, of an excellent Manual for Notaries Public, and editor of the Michigan Lawyer. His work clearly proves his entire fitness for the position to which he has been appointed. We have often been indebted to him for opinions of the Supreme Court and other courtesies, and hope now, that he is to be Reporter, that he may be able to place us under obligations for like favors still more frequently.

Anent the article on "The Law of Descent," a correspondent in New Orleans sends us the following provisions of the Louisiana Civil Code, which deserve to be copied in all the States: "Art. 1493 [1480] Donations inter vivos or mortis causa cannot exceed twothirds of the property of the disposer if he leaves a legitimate child; or half, if he leaves two, and onethird if he leaves three or more. Art. 1494 [1481] Donations inter vivos and causa mortis can not exceed twothirds of the property if the disposer, without children, leaves a father, mother, or both. Art. 2399 [2369] Every marriage contracted in this State superinduces of right a partnership or community of acquits or gains, if there be no stipulation to the contrary.

A

The judge of the Sheffield (England), County Court has no confidence in the veracity of woman. short time ago he stated from the bench that there is ten times more perjury committed by women in his court than by men, and he added that women do not seem to care in the least what they swear to. -The shortest opinion on record covering the whole case was recently delivered by the Master of the Rolls. It is as follows: "I do not believe the plaintiff on her oath, nor do I believe her witness. I do believe the defendant on his oath; therefore, I dismiss the action, with costs."

THE January number of the Journal of Jurisprudence and Scottish Law Magazine, contains a learned A bill has been introduced in the New Jersey Legisarticle upon the "The Science and Art of Jurispru- lature with fair prospects of passage, allowing writs of dence," in which the views of various speculative error in all criminal cases to issue of course and not writers are analyzed and sustained or condemned. as matter of grace as now. - In the case of Roberts Also articles upon "Equity in Entails," a subject v. Davids, recently decided at the General Term of the that is of no great importance on this side of the Second Department, it is held that section 1303 of the water, "On the Title to Sue," and several other mat- Code of Civil Procedure does not apply to appeals ters of only local interest. The concluding contribu- from Justices' Courts. - The question as to whether tion entitled, "Curious Case of Mistaken Identity," is other than fermented wine can be used for communof interest as illustrating the uncertainty of human ion, has troubled total abstinence clergymen in this testimony as to identity. The editorial notes and the country. Dr. Stephen, Q. C., to whom a controversy record of decisions of Scottish courts are as usual of between the Bishop of Lincoln and a rector who had interest and value. -There has been a change in the used unfermented wine was submitted, has decided editorial management of the Washington Law Reporter, that neither by the scripture, the prayer-book nor the Mr. Walter L. Perry retiring and Mr. George B. Cork-law of England is the use of unfermented wine illegal.

The Index to Volume 16 of this JOURNAL will be issued with the next number. A "strike" of the compositors in the Printing House has rendered this delay inevitable.

Communications on business matters should be addressed to the publishers.

The Albany Law Journal.

ALBANY, JANUARY 26, 1878.

CURRENT TOPICS.

Of

treats of "government, including 'civil' polity
and the political rights and duties of citizens."
the date of the completion of the Revision the
Commissioners say:

"It only remains for us to say, that, if the legislature should determine to go on with the work, we are of the opinion that the entire Revision can be completed, so that the last installment thereof may be submitted to the legislature, ready to be enacted into a law, at the session of 1881. The remainder of the present year, after the adjournment of this session, should be nearly, if not quite, devoted to the review and reprinting of Parts II and IV, and the preparation of the necessary supplemental and repealing acts. Another year would probably be consumed in the preparation of the drafts of Parts I and V, and still another in the review thereof, the preparation of the supplemental and repealing acts adapted thereto, and the preparation of Part VI, and its appropriate supplemental and repealing acts. The work upon the latter Part will, it is supposed, consist of little besides compilation."

THE Commissioners to revise the New York Statutes have presented their annual report to the legislature, in which they review the plan of the entire Revision, and the work so far done, present some forcible arguments in favor of the part already adopted and of the completion of the Revision, and make a very satisfactory showing as to the work of the year past. To the objection made to the new Code that it is a new system," the Commissioners answer that it is not a "new system," that whatever ground there was for such a charge against the "Code of Remedial Justice" removed by the amendments made by the legislature, but no action is recommended as to them lature, and add:

was

"About one-third of the 1496 sections of which the 'new Code', as thus amended, is constituted, consists of a re-enactment of the 'old Code', amended, and with a few new provisions added thereto, so as either, (1) to settle questions which remain yet undecided by the courts; or, (2) to embody in the statute, decisions of the courts; or, (3) to reconcile the contradictions, supply the omissions, and amend the imperfections of the original text', in accordance with the directions of the statute creating this commission. Its remaining provisions contain a re-enactment of other (mostly antecedent) statutes, relating to the subjects embraced in its caption, revised in the same manner, so that the whole is rendered homogeneous in substance and in form."

Beside the bill containing the remaining nine chapters of the Code which the Commissioners again submit, they purpose to report a bill at this session relating to fees and salaries, designed as a supplement to the Code of Civil Procedure, and which, with the Code, will fill entirely the place of Part III of the existing Revised Statutes. Of the work of the Commissioners during the past year, they report that Commissioner Throop has completed (except the final revision) Part II, which is entitled "An act relating to property and other matters connected with private rights," and which consists of 1250 sections; Commissioner Emott has nearly completed Part IV, "relating to crimes and the punishment thereof; criminal courts; criminal procedure; and prisons and other places of confinement;" while Commissioner Caverno has made very considerable progress on Part I, which VOL. 17.- No. 4.

An analysis of Part II, and so much of Part IV as is now completed, is appended to the report. Both of these Parts will be submitted to this legis

until they can be revised.

A point of considerable practical interest was passed upon in the case of Exchange Fire Ins. Co. v. Early, decided at the Special Term of the New York Court of Common Pleas, on the 18th inst. A resale of mortgaged premises sold under foreclosure was asked by an infant defendant upon the ground among others, that the judgment of foreclosure was irregular, because the referee appointed to compute the amount due had neglected to take the oath prescribed by section 1016 of the Code of Civil Procedure. The court held the point well taken and set aside the sale. As under the lax provisions of the former statutes it had become a very uniform custom in these proceedings for referees to omit the formality of an official oath, we suppose a very considerable proportion of the foreclosures by action, which have taken place since the first of last September, are defective in this particular. The requirement of the new Code, however, is proper and should be enforced according to its tenor.

The annual attempt to exempt mortgaged real estate from taxation and throw the burden on the holders of the mortgages is being made in a bill just introduced in the Assembly, wherein it is proposed to deduct the amount for which real estate is mortgaged from the valuation before assessment. Nothing is said about making the mortgagee pay the tax, but that will come in the way of an amendment. If the bill should pass in its present shape, almost all the real property in the State will be mortgaged by the first of next July.

Notwithstanding the prospect of war the movement in favor of a codification of the English law will be continued this winter, so the speech of the Queen delivered at the opening of Parliament, on the 17th inst., informs us. A bill is to be laid before Parliament, the object of which is to simplify and express in one act the whole law and procedure relating to indictable offenses. The work of Mr. Stephen on Criminal Law, in the form of a digest, which has been republished and extensively circulated in this country, will no doubt form the basis of the proposed legislation. In this matter, progress in England has been continuous since the movement was entered upon. Although only the law regulating procedure has as yet been codified, steps have been taken in the direction of a Code embracing, as did that of Justinian, the entire body of jurisprudence, the work beginning with the law relating to crimes. This Code will of course be carefully prepared and considered, and if its practical operation is satisfactory, of which we think there is no doubt, it will, we are confident, in substance, be adopted in most if not all of our States.

The Dean of the Harvard Law School, in his recent report of the condition of that school, makes a very proper discrimination between the province of the school and the office in fitting young men for the legal profession. The purpose of the law school is to prepare the student to perform the duties of counselor or advocate, while that of the office is to | prepare him to act as attorney. The school has no means or facilities for the education of attorneys, while its facilities for educating counselors are unrivaled, and the very circumstances which render it unfit for the former office increase its fitness for the latter. The art of the attorney must be acquired in the place where it is to be practiced, and that is the office of the practicing attorney. The tendency has been to make a knowledge of this art the test of fitness for admission to the bar, and the legal profession generally have measured the qualifications of young men in the profession by the same test. This has been undoubtedly one great cause of the prejudice against law schools existing in the minds of the older members of the bar. Nothing is more common than to speak slightingly of the training of a law school by saying that a graduate therefrom does not know how to draw a simple

pleading, or do some act which is within the capac

the art of the attorney, which is all that a great
number of the profession ever learn. The accom-
plished lawyer can only be produced by the training
of the office supplemented by that of the school,
their education in this way.
and we think most of our future lawyers will receive

The bill introduced in the assembly, providing that "no clerk or officer of any court, or paid em-ity of every office boy. The law school cannot teach ployee of any of the departments of any city government of this State shall hereafter act as assignee, referee or receiver, in any case, action or special proceeding whatever, during his term of office, or while so employed," ought to pass. The clerks and officers of our courts, and the employees in departments of municipalities, are usually paid large salaries for doing very little, and permitting them to add to their emoluments by securing appointments to receiverships, references, etc., is unfair. Besides, in many instances the official uses his position as a means of obtaining such appointments, obstructing the progress of an action or proceeding unless he is given a bribe in the form of a reference of some kind therein. The profession are familiar with the evil, and will rejoice that there is a prospect that it may, in some measure, be done away with.

In addition to those elsewhere specially noticed, the following bills of interest to the profession were introduced in the legislature during the past week: Amending sections 637 and 1242 of the Code; authorizing the formation of town fire insurance companies for insuring farm property; providing for compelling the attendance and examination of witnesses in proceedings instituted by or in behalf of municipal authorities or boards. The amendment to section 637 of the Code provides for the issue of a warrant of attachment against defendants in all actions for damages, for the commission of wrongs when the wrong charged would, if committed, amount to a felony.

The English judiciary not being able to keep up with the work brought before the courts, what is known as a "short act" will be introduced in Parliament at its present session, providing for the appointment of additional judges. The difficulty is fortunately in the courts of first instance and can be remedied. With us the courts of last resort are the ones where the calendars are most crowded and where delay in litigation occurs.

IN

NOTES OF CASES.

N Sebastian v. Johnson, 72 Ill. 282; S. C., 22 Am. Rep. 144, the Supreme Court of Illinois held that where an administrator is authorized by a decree of court to sell land for the payment of debts, the sale must be made by him personally, or by his agent in his presence. If made by an auctioneer in the absence of the administrator, it is not valid. The court cited, in aid of its decision: Taylor v. Hopkins, 40 Ill. 442; 2 Williams on Executors, 944; Berger v. Duff, 4 Johns. Ch. 368; Heyer v. Deaves, 2 id. 154. In the last case, which was that of a sale of mortgaged premises under a decree, the master, being sick, did not attend the sale, but deputed a