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EVIDENCE.

FIXTURE.

action by the same plaintiff on the second note, that 6, 7, by notice of intention to foreclose the mortgage he gave it upon a condition which never was fulfilled, for breach of its condition. McIntire y. Norwich but not to set up a total or partial failure or want of Insurance Co.

MASTER AND SERVANT. consideration in the original note. Hooker v. Hubbard.

The fact that very near where a workman is volun

tarily employed in a manufactory, machinery not 1. There is no presumption of law that a drop-letter connected with his work is in motion, the dangerous was deposited in the post-office on the day of the date nature of which is visible and constant, is not concluof its post-mark. Shelburne Falls National Bank sive that he has taken on himself the risk of being v. Townsley.

injured by it, in modification of the implied contract 2. A copy, sworn to be correctly made from a press of his employer to provide for him a reasonably safe copy of a letter, is admissible, as secondary evidence, place in which to do his work; and if through inatto prove its contents, without producing the press tention to the danger he meets with such an injury, copy. Goodrich v. Weston.

while doing his work, and sues his employer there3. In an action on a written contract for the manu for, the questions whether he met with it with facture and delivery of “horn chains," oral evidence due care on his own part, and by reason of the is admissible to show that the parties intended by the neglect of his employer to give him suitable notice “horn chains," chains made of hoofs and horns. of the danger, are for the jury; and the facts of his Sweel v. Shumway.

youth and inexperience, and the directions previously 4. In a question whether in a contract for the man given to him by agents of the employer about the manufacture of horn chains, by “horn chains,” were ner of doing the work, are to be considered upon the intended chains partly of hoofs, or chains wholly of question of due notice; but the fact that the cost of horn, admission of the testimony of one of the par covering the dangerous machinery with a box would ties to the contract, that he had experimented by have been slight, and that it was so covered soon putting horn rings and hoof rings together, and that after the accident, are immaterial. Coombs v. Neu almost invariably the horn would break, forms no Bedford Cordage Co. ground of exception, though the witness had previously

PROMISSORY NOTE. testified that he was not a practiced manufacturer, had only put together rings made by others, and

1. The payee of a promissory note, who indorses it claimed to know no more as to hoof or horn than any

for the accommodation of the maker, may take it up one else. Ib.

at maturity without waiting for demand and notice as indorser, and sue the maker thereon. Pinney v.

McGregory. The owner of a house and barn put up in the house several marble slabs, laid upon, but not fastened to,

2. When notice of the protest of a promissory note, adbrackets screwed into the walls, and also in 1855

dressed to the several indorsers, are sent by the notary placed in the cupola of the barn a bell hung on an

by mail, from the place where the note was payable, in axle resting upon a wooden frame, which was placed

one inclosure, addressed to the last indorser, in order to on the platform of the cupola, and secured to it by

charge a prior indorser by forwarding such notice to cleats fastened by nails. In 1864 he conveyed the

him through the post-office, in a drop-letter addressed house and barn, but remained in possession as tenant

to him, at said last place (there being no system of of his grantee. Held, that, on leaving the premises in

letter delivery by carriers in that place), must deposit 1867, he might remove the slabs, but not the bell.

the drop-letter in the post-office on the same day he Weston y. Weston.

receives it from the notary. Shelburne Falls National

Bank v. Townsley. 1. Life insurance. — In an action on a policy of insur

TRUST AND TRUSTEE. ance of the life of a person who voluntarily killed him A fund bequeathed in trust to pay the income to one self, which was provided to be void if he should “die until his death, and then the capital to another, inby suicide,'' the plaintiff, “in order to take the death cluded shares in the stock of a railroad corporation. out of the proviso," offered to prove that “the assured This corporation, out of its net earnings, accumulated at the time of committing the act of self-destruction during the term of the trust, bought in the market part was insane; that he acted under the influence and of its own stock; invested other such earnings to an impulse of insanity, and that his act of self-destruc amount equal to twenty per cent of the par value of the tion was the direct result of his insanity;” but the residue of its stock in property, a large portion of judge ruled that such proof would not entitle the which was not required for the use and improvement plaintiff to recover, and directed a verdict for defend of the railroad; and voted to create a number of new ant. Held, that the plaintiff had no ground of excep shares of the same par value, to be issued and disposed tion. Cooper v. Massachusetts Insurance Co.

of as the directors should deem proper. The directors

then voted to offer to the individual stockholders the FIRE INSURANCE.

right to take part of the new stock at par, in the proA policy insuring the mortgagor of a chattel against portion of twenty per cent of a new share for each old loss thereof by fire, expressed to be void “if the title share held by the taker, and that if any individual of the property is transferred or changed,” and pro stockholder should not avail himself of his right, they viding that “the entry of a foreclosure of a mortgage would dispose of it as they might see fit; and at the shall be deemed an alienation of the property,” is same time after a preamble reciting that, "whereas avoided by an act which of itself, and without any there is a large amount of surplus earnings invested in further formality or process on the part of the mort the shares and property of this company, which tho gagee, will deprive the assured of all right and title in stockholders have instructed the directors to divide," the chattel unless he shall pay the debt, such as the they declared a dividend of forty per cent on the old giving and recording, under the Gen. Sts. ch. 151, ss shares held by individual stockholders, payablo

INSURANCE.

"twenty per cent in the shares of the company, which raise only the question whether there was any evidence were purchased or held by this corporation in its cor in support of the finding in the supreme court, porate capacity, and twenty per cent in cash derivable whether the finding is against the weight of evidence. from the shares which the stockholders entitled to Ib. this dividend shall respectively pay for the new stock

CHATTEL MORTGAGE. taken by them under the terms of the preceding 1. Neglect to file: rights of judgment creditor: how vote." Held, that of the avails of the dividend to the

waived. — Actual notice to plaintiffs, in an execution trustees and so much as was derived from the first

which has been levied upon personal property, of the twenty per cent was payable as income to the life

existence of a chattel mortgage thereupon, does not tenant; and so much as was derived from the second

supply the omission to properly file such mortgage. twenty per cent accrued to the capital of the trust

Barker v. Doty. Opinion by Folger, J. fund. Leland v. Hayden.

2. But where the sheriff, under such execution, offers the property for sale, subject to an unfiled chattel mort

gage the execution creditor standing by and not dissentCOURT OF APPEALS ABSTRACT.

ing, the creditor, if he purchases, gets no more than

the debtor's equity of redemption. Ib.
JUNE DECISIONS, 1871.
BAILMENT.

CONTRACTS. 1. Rights of bailor and bailee: sale of pledge without 1. Verbal, when not merged in written: common carnotice. - The plaintiff specifically pledged certain bonds riers. — The rule that prior negotiations are merged in to the defendant, a banking association, to secure the a subsequent written contract does not apply to a verpayment on demand of $15,000. Subsequently the bal contract for the carriage of goods for which a bill defendant sold these bonds at private sale, and from

of lading is subsequently made when the contract has the amount received repaid the loan and applied the been acted upon, and the shipper has parted with all balance toward the settlement of an over-draft which control over his goods before the receipt of the bill, plaintiff had made upon it. No demand was made upon

unless such shipper expressly assents to its terms. plaintiff for the $15,000, and no notice was given him of

Bostwick v. Baltimore and Ohio Railroad. Opinion by the sale, which notice and demand it was claimed was

Rapallo, J. impracticable, on account of plaintiff having absconded. 2. The defendants' agent agreed to transport to New Subsequently the defendant, for a sum less than the

York certain bales of cotton by "all rail” for a speciface, transferred their whole claim for the over-draft, fied rate (which was higher than the part rail and part without deduction for the balance received on the water rate), and took possession of the cotton for that bonds, to one White. This action was brought to

purpose, giving the plaintiff receipts, but no bill of recover the bonds or their value. Held, that it is not lading. Two days after the bill of lading was delivered. sustained by the authorities that the inability of a

The bill contained printed conditions to the effect that pledgee to make a demand and give notice of the time the goods should be transported by certain railroad and place of a sale entitles him to sell without such companies to Columbus, Ohio; there delivered to the demand and notice, and without judicial proceedings. railroad company; by it transported to Bellaire, and Strong v. National Banking Association. Opinion by

there delivered to the agents of the next connecting Rapallo, J.

steamboat, railroad or forwarding line, and that the rail2. Even if demand and notice could be dispensed

road and steamboat companies, etc., should not be liable with, a private sale in such a case cannot be sustained for loss or damages by the dangers of navigation while unless the parties have stipulated for such a sale. Ib. on the sea or rivers, etc., and that by accepting the bill of 3. The sale of the bonds having been unauthorized, the

lading the shipper agreed to its stipulations and condiplaintiff had the right, on becoming informed of it, to

tions. The cotton was carried to Baltimore, and a elect whether to ratify it, and claim the benefit of the part of it shipped by one vessel, and arrived safely in surplus in reduction of the over-draft, or to repudiate

New York. Upon its receipt the freight upon the the sale and the credit of the surplus, and hold the

whole at the “all rail” rate was paid by the plaintiff's defendant responsible for the bonds. Ib.

consignors. Part of the cotton was shipped by another 4. Having made his election, and repudiated the sale

vessel, which was lost at sea with its contents. This and credit, he became liable to White for the amount action was brought to recover damages for the cotton of the over-draft and entitled to demand of the bank

lost. Held, that the goods having been shipped under the bonds or their value on 'paying the $15,000, and an agreement that they should be carried “all rail,” a interest for which they had been pledged. Ib.

loss at sea is no excuse for their non-delivery to the

plaintiff. Ib. BILLS AND NOTES.

3. The non-delivery of the goods was a breach of 1. Bona fide holder, who is: practice.-In an action duty on the part of the defendant unless excused. Ib. upon a note diverted from the purpose for which it was 4. The verbal agreement having been consummated given by the maker, the onus is cast upon the plaintiff and rights having accrued thereunder, the mere receipt of showing that he is a bona fide holder. Farmers & of the bill of lading, inadvertently omitting to examine Citizens National Bank v. Noxon. Opinion by Grover, J. the conditions, was sufficient to conclude the plain

2. A bank is a bona fide holder where it receives in tiff from showing what the actual agreement was under the ordinary course of business from a depositor who which the goods were shipped. Ib. is embarrassed, and keeps an account as agent, but

See Practice, 8. who is in the habit of procuring notes to be discounted by it, a note of no larger amount than he had before

MUNICIPAL CORPORATIONS. presented, if there is nothing to excite the suspicion of 1. Rights of, as to lands owned by them in fee for a the bank, and put it on inquiry. Ib.

specific purpose: opening of streets through. The legis3. In this court exceptions to the findings of a referee lature, by an act (laws of 1869, chap. ), provided for

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avenue.

the wideuing of Ninth avenue and Fifteenth street, value of his services. Robinson v. Weil. Opinion by Brooklyn. Said Ninth avenue bordered upon private Rapallo, J. owners and also upon Prospect Park, which was owned 6. Venue, when right to change waived: injunction: in fee simple by the city of Brooklyn, for the purposes effect of reservations in deeds. — The trial of an action in of a park. The act provided for the appointment of one county without a jury, when it should be tried in commissioners to estimate the expense of such widen another county with a jury, is proper, if the party ing, and the amount of damages to be sustained by the entitled to object does not do so at the trial. If he does owners of land, etc., and, after their report should not then assert his rights he will be deemed to assent be confirmed, to apportion and assess the same upon to the place and mode of trial. West Point Iron Comthe lands and premises benefited, etc., and that, in pany v. Raymert. Opinion by Allen, J. inaking the assessment for Ninth avenue, they should 7. Mines, quarries and timber are protected by injuncassess three-fifths of the expense upon the lands lying tion, upon the ground that injuries to and depredations south-east (Prospect Park) and two-fifths upon lands upon them are causing or may cause irreparable damage, north-west (which belonged to private owners) of said and also to prevent a multiplicity of actions for

Commissioners were appointed, the avenue damages that might accrue from continuous violation widened and a portion of Prospect Park taken. No of the rights of the owners. Ib. objection was made to the action of the commissioners, 8. A reservation in a deed will not give title to a except that they allowed, in assessing the damages, stranger, but it may operate, when so intended by the the full value of the park lands taken. Held, that, in parties, as an exception from the thing granted, and as so doing, the commissioners acted properly; that the notice to the grantee of adverse claims as to the things city held the lands taken for the purposes of a park, excepted and reserved. Ib. aud as it had no right to sell or dispose of the lands,

See Bills and Notes, 3. or appropriate them to another use without the con

RAILWAYS. sent of the legislature, it was the duty of the commissioners to treat them the same as lands belonging to 1. Bonding towns for: requirements of act authorizother owners. Matter of widening Ninth avenue v. ing bonding.-In an act delegating power to a portion of Nichols. Opinion by Grover, J.

the tax payers of a municipality to charge the property And it would not be sufficient to grant the city of all, and subject it to taxation for a purpose foreign to merely nominal damages, on the ground that the lands those for which local governments are authorized, and taken were as valuable to it in the form of a street as with respect to contingent benefits, the power given of a park. The legislature and not the court are to can only be exercised in strict conformity to the letter determine that. Ib.

and spirit of such act, and nothing can be taken by PRACTICE.

implication. People ex rel. Harris v. Smith. Opinion 1. Special proceedings for collection of tax: appeal | by Allen, J. from oriler in. Proceedings were undertaken against

2. And where such act confers upon a judicial officer the defendant to collect a tax on personal property

special and extraordinary power, giving his orders which could not be collected, and which he refused to

thereunder upon the local governments to raise money pay, as for a neglect or violation of duty within the by tax, the effect of judgments of courts of record, statute entitled “Proceedings for contempts,” etc. (2 R.

it must receive the strict construction which is given S. 534), and an order to show cause why an attachment to all laws of that character. Nothing will be inshould not issue against him was granted by the West tended in support of his acts, but they must be brought chester county judge. On the return of the order the clearly within the statute to be sustained. Ib. proceedings were dismissed by the county judge on the

3. The petition demanded by chapter 907 of the laws ground of irregularity, from which decision an appeal of 1869, providing for bonding municipal corporations, was taken to the general term of the supreme court

etc., in aid of railway companies, must be that of the where the decision was reversed, and the proceedings tax payer, and it is not satisfied by that of an agent, submitted to the county court, from which general

and the county judge has no jurisdiction for the purpose term decision an appeal was taken to this court. Held, of appointing commissioners to issue bonds except that if the county judge had denied the motion to dis

upon the petition of the tax payers. Ib. miss the proced ing for the cause alleged, an appeal

4. Where a petition was presented in which the could not have been taken to the supreme court, for

names of a portion of the tax payers of a town had the order would not have affected a substantial right.

been subscribed by persons who had received verbal Matter of Ackerman, assessors, etc. v. Bussing. Opinion authority so to do, held, that such subscribing was by Allen, J.

not in accordance with the law, and that it did not give 2. It is not a matter of right to have a proceeding of

the county judge jurisdiction to act thereunder and to this character dismissed in limine, and without a hear- | appoint commissioners to bond such town. Ib. ing on its merits. Ib.

5. The power conferred is personal to the tax payer 3. The order of the supreme court reversing the order

and cannot be delegated by him. Ib. of the county court, etc., left the matter in the latter court in the same situation in which it would have been had that court denied the motion, and an appeal can

A number of Boston banks intend to contest the not be taken therefrom to this court. Ib.

legality of the tax on dividends between August 1 and 4. The order of the supreme court was not final, and January 1. They have retained Hon. Caleb Cushing did not affect a substantial right. Ib.

as their counsel. 5. Bill os particulars. — The insertion of the words Judge Stanley, of the San Francisco county court, “per agreement,” in a bill of particulars in an action lately permitted a Chinese defendant to testify in his for the value of services, does not restrict the party own behalf, and then decided the case, which had been furnishing such bill to proof of a special agreement | appealed from a lower court, in the defendant's favor. fixing the price, but he may prove and recover the reversing the decision of the court below.

CODIFICATION IN THE STATES.

now at work; but revisions are deemed needed, and The New York Evening Mail, in an extended article measures for instituting them have lately been urged on codification, gives a synopsis of the information before the legislatures of Arkansas, Connecticut, Delaprocured by Mr. Benj. Vaughan Abbott, one of the ware, Nevada, Texas and Virginia. commissioners for revising the United States statutes, The laws having been recently revised in the followin regard to the commissions for revision and codifica- ing States, they have now no revising process on foot. tion in the various States.

Kansas, Louisiana, Maryland, Massachusetts, MinneIn California there is a commission consisting of I.

sota, Missouri, New Hampshire and New Jersey. C. Burch, Creed Haymond and Charles Lindley. These gentlemen are now engaged in the work at the State capital. They have made considerable progress, and

POST-DATED CHEQUES. ; have issued and circulated a number of titles for ex The effect and validity of post-dated cheques have amination by the public.

been made the subject of much controversy in courts In Florida, Hon. A. H. Bush, of Jackson county, has of law, and we are tempted to say a few words conprepared a new digest of the laws, which is in the hands cerning them, because our attention has been directed of the State printer.

to a recent case in the supreme court of Victoria, of In Georgia, a commission has been recently authorized much interest to the holders and payees of such instruand commissioners have been appointed.

ments. We are indebted for a report of the case to In Illinois, Messrs. H. B. Hurd, of Chicago, Wm.

our able contemporary the Australian Jurist. Schafer, of Salem, and W. E. Nelson, of Decatur, have

Before, however, detailing this case, we may recall been appointed revising commissioners.

two modern cases in our own courts, viz. : Forster v. In Iowa, Messrs. W. H. Seevers, Oskaloosa; William Mackreth, 36 Law J. R. (N. S.), Exch. 94; 2 Law R., J. Knight, Dubuque, and W. G. Hammond, Iowa City, Exch. 163; and Bull v. O'Sullivan, 40 Law J. R. (N. S.), are the revising commissioners.

Q. B. 141. In the former case the defendant and one In Michigan, Hon. James S. Dewey, judge of the Tucker carried on business together as attorneys, and sixth judicial circuit, has been chosen to compile the the cheque sued on was drawn by Tucker in the name laws under an act of the legislature passed in 1871. of the firm, was dated July 20, and delivered by Tucker

In Mississippi, Messrs. A. R. Johnson, Jackson Lover to the plaintiff on July 13, in exchange for the plaining and J. P. Campbell are a revising commission. tiff's cheque. The court thought that a post-dated

In New York, Messrs. Charles Stebbins, Nelson J. cheque was in effect for all practical purposes a bill of Waterbury and Montgomery H. Throop are a revising exchange, if post-dated deliberately and intentionally, statutory commission. They have made reports to the so as to make it have the legal and practical effect of a legislature covering the subject of classification.

bill at so many days' date. As there was no evidence In North Carolina there is a revising commission of special or general authority to Tucker to bind originally composed of Messrs. A. W. Tourgee of

his partner by a bill of exchange, judgment was Greensborough, Victor C. Barringer, Concord, and W.

given for the defendant. The value of the decision B. Rodman of Washington, Beaufort county. But consists in the explanation given of the effect of a upon the appointment by President Grant of Mr. Bar- | post-dated cheque. In Bull v. O'Sullivan, which ringer to serve as one of the national commission, he

is reported in the current number of our reports, resigned his place, and W. H. Bailey, of Salisbury, was the declaration was upon a cheque for fifty pounds, appointed thereto. This commission has made reports, drawn by the defendant, payable to Edward Myers but it is understood that political changes have delayed or order, and indorsed by Myers to the plaintiff. At action upon them.

the trial the plaintiff produced the cheque, which he In Pennsylvania, a commission, composed of Hon.

had received on November 4, 1868, at which time he David Derrickson, of Meadville, and William M. Hall,

saw that it bore the date of November 5. Counsel for Esq., of Bedford, have recently reported a revision of the defendant objected that the cheque ought not to civil statutes, which it is believed now awaits consider

be received in evidence, as it bore only a penny stamp, ation by the legislature.

whereas it ought to have been stamped as a bill of In Rhode Island there is a commission at work com exchange. The court, in an elaborate judgment for posed of Messrs. W. P. Sheffield, Abraham Cayne, and the plaintiff, following Whistler v. Forster, 3:2 Law J. R. Wingate Hayes.

(N. S.), C. P. 161, held, that in determining what is the In South Carolina, D. T. Corbin, W. J. Whipper, of

requisite stamp the instrument alone must be looked Charleston, and C. W. Montgomery, of Newberry, have at, without reference to any collateral condition affectbeen appointed a revising commission.

ing its apparent operation, the word date in the stamp In Tennessee there is no official board of commission

acts meaning the date on the face of the bill, note or ers. But private individuals, it is understood, are cheque. The court further held that there was no engaged on a complete revision of the code of Tennes enactment making it illegal to post-date a cheque or see.

other order for the payment of money, whatever might West Virginia has lately had a code prepared, which be the effect of the post-dating on the instrument has probably been issued.

itself. In Wisconsin the last legislature (1871) authorized the We now come to the Australian case,

which was purchase of a compilation of the general laws of Wis- | argued on appeal from the county court of Ballarat. consin from Hon. David Taylor, of Sheboygan. Mr. The plaintiff Hinchcliffe sued the Ballarat Banking Taylor was for years one of the circuit judges. His

Company for dishonoring a cheque for 11. 58. The compilation is understood to be well advanced. It is to facts were that the plaintiff bauked with the defendants, be submitted, when completed, to the governor, chief and, on June 25, 1870, gave to a clerk in the office of justice and attorney general, and, upon their approval, the Magdala Mining Company a cheque for 11. 10s. on may be accepted by the secretary of state.

the defendants for calls. The cheque was post-dated The following States have no revising commissioners July 13; but it was paid in by the Magdala Company

on June 29 to its account at the London Chartered A jovial smile lighted up the tanned-leather face of Bank, was by that bank sent on to the defendants, and old Ibrahim; he shook his head and said, “None for was paid June 30. On July 6 plaintiff gave a cheque Sheik Ibrahim; too much bastinado.” for 11. 58., which was presented on the 10th, and dis After a time, by liberal bribery, an opposition was honored for want of funds. Plaintiff contended that established. One day, when the minister, Hassan by the wrongful payment of the post-dated cheque for Bey, was absent, one of the opposition violently 41. 10s. before its date his funds were improperly opposed a measure of the Khedive’s. A government reduced, and if that cheque had not been paid there member from Pama jumped up and moved that the would have been sufficient to meet his cheque for 11. 5s. opposition member be bastinadoed for treasonable The jury gave the plaintiff a verdict for 125l. ; but Mr. conduct. The motion was carried, and the recusant Cope, the judge, afterward nonsuited him, on the Egyptian was knocked down and bastinadoed on the ground that he had no legal right to post-date a floor of the house. That was the last session of the cheque, and thereby impose a duty on others to carry Egyptian corps legislatif. out his wishes not expressed in the ordinary form; that he ought not, under the guise of an instrument in the form of a cheque payable on demand, to issue what

LAWYERS IN COLONIAL PARLIAMENTS. would really be a bill of exchange, and calculated to deceive, as in fact it did deceive, the person to whom it The Australian Jurist has the following: was paid, and two bankers through whom it had “The number of lawyers at present in parliament, passed. The court, consisting of Sir W. F. Stawell, and the anticipated rush of others into the political C. J., Mr. Justice Barry, and Mr. Justice Williams, arena, may make it worthy of thoughtful consideraheld that the point raised was concluded by the case tion, whether so large an influx of the class will prove of Forster v. Mackreth, and that it would be impossible, advantageous to the country and to the professions in the face of it, to hold that a banker was at liberty themselves. It is not so much our province to specuto disregard the date of the cheque. If it were so held, late as to what the effect of this will be upon the he would also be permitted to pay a bill of exchange general welfare, as to consider the manner in which it before it was due. There was, therefore, evidence to will affect the interests of the legal profession; yet, in go to the jury of negligence on the part of the bankers. discussing the question from one point of view, it will If there is no date on a cheque the banker is bound to be impossible to ignore the other. In older established pay on presentment, but where there is a date which countries, and especially in England, it has been held has not yet arrived it must be treated as a bill of that parliament is any thing but a stepping-stone to exchange not yet due.

the bench, and that success as a politician is little likely Lest our readers should imagine that the court to lead to success as a jurist. approved of the damages awarded, we may add that “Those who follow the calling of the law in countries the verdict for 1251. was allowed to stand merely where all trades and professions have their settled because the defendants had never asked for a new courses, are prone to take narrow views of things; trial. But the court, to mark its opinion on that point, more likely to be guided by precedent, than to listen gave no costs of the appeal.-London Law Journal. to the promptings of reason; and in their strict observ

ance and adherence to words and forms, to fail to grasp broad principles. In political life these toilers in certain

fixed grooves find themselves placed at an enormous THE EGYPTIAN LEGISLATURE.

disadvantage. Their ponderous and profound learning Colonel James Morgan, of South Carolina, gives the is rather a clog upon their thoughts and actions, than following account of the life and death of the Khe an assistance in the struggle. They find themselves dive's attempt to follow European fashions in law with their precedents and cases, their established making:

forms and quibbling technicalities, pitted against men When the viceroy returned from France, he called their inferiors in special knowledge and mental balhis prime ministers together and said: “In order to ance, but immensely their superiors in a general have a great country we must have a legislating body," knowledge of the world. All their legal training is and he then made known his plans. Delegates were valueless, and the fact has to be, to a certain exselected from various districts, and informed that tent, unlearnt ere they can hope to cope with their they must be divided in opinion; that every measure more versatile, if shallower, opponents. Even in should be debated; and the minister who called them debate they fight at a disadvantage. The most imtogether said, “Now, all who favor the government passionate efforts of oratory are mere words spoken will stay on the right, those who oppose it will cross with more or less emphasis in the interests of a client, over to the left, and those undecided will remain in the according to the amount of the honorarium. The most center.” No sooner was the division called than all logical utterances are only sentences strung together by the delegates made a rush for the right. There was no the art of the advocate. Nothing that the lawyer says opposition or no medium party.

or does is held to be natural or disinterested. If he be This won't do,” said the minister, “there must be successful as a lawyer, why should he strive after the an opposition;' and he called to him an old sheik, named sweets of statecraft ? If he be an unsuccessful one, then Ibrahim, and said:

he is seeking to gain distinction in one line of life, after “You must lead the opposition."

having failed in another. By the general public he is “What is it?" asked Ibrahim.

looked upon with distrust, and his fellow-politicians "Well, then, when the government introduces a law regard him rather as a redoubtable opponent than as a you must protest and argue against it."

trusty ally. “Hum,” said the sheik, “then if the Khedive says he “But here, in this young country, where things are wants so-and-so, I am to say, No, you shan't have it." necessarily as yet in a transition state, where trades “Yes," said the minister.

and professions are not hedged in with the barriers of

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