Opinion of The Justices, 334, 150 Ouderkirk v. Central Nat. Bank, Peck et al. v. First Nat. Bank, 792. Pelzer Manuf'g Co. v. St. Paul Fire & Marine Ins. Co., 794. 41 Fed. Pennsylvania RR. Co. v. McMul- Phoenix Assurance Co. v. Wachter, Pickands, The H. S., 547. 42 Fed. Philadelphia, City of, v. Western Phoenix Ins. Co. of Brooklyn v Phoenix Ins. Co. v. Tomlinson et Pickens v. Richmond & D. RR. Porter Land & Water Co. v. Bas- Pullman Palace Car v. Lowe, 251. Quebec Steamship Co. v. Merchant, Quimby v. Boston & M. RR. Co., Richmond & D. RR. Co. v. Payne, 268. 10 S. E. Repr. 749. (Va.) Rio Grande RR. Co. v. Vinet, 206. Rio Grande RR. Co. v. Vinet, 550. Rosentein et al. v. Burns et al., 551. 41 Fed. Repr. 841. (Mass.) Rowell v. Western Union Tel. Co., Sanders v. Bagwell, 621. 10 S. E. Shrop v. Cleveland, St. L. & K. C. Silver Cord Combination Mining Singer Mfg Co. v. Bent, 336. 41 Singer Mfg Co. v. June Mfg Co., 336. 41 Fed. Repr. 208. (Ill.) Small v. Northern Pac. R. Co., 547. Smith v. Bolles, 70. 132 U. S. 125. Soltau v. Gerdau, 332. 119 N. Y. Southern Fertilizer Co. v. Reames, Speiden v. Parker, 270. 19 Atl. Stanley v. McElrath, 69. 22 Pac. State v. Barnes, 204. 10 S. E. State v. City of Perth Amboy, 70. Steel v, Rathbun, 792. Repr. 390. (Ore.) 23 Pac. 42 Fed. Stephens v. Bernays, 796. 42 Fed. Stewart et al. v. Townsend, 552. Ry. Co., 335. 75 Wis. 381. Supreme Conclave, Royal Adelphia v. Cappella, 271. 41 Fed. Repr. 1. Supreme Council of Chosen Friends Tafft v. Presidio & Ferries RR. Co. Territory v. Evans, 332, 333. 23 The Catalonia, 795. 43 Fed. Repr. The Katie, 134. 40 Fed. Repr. 480. The John G. Stevens, 133. 40 Fed Thompson v. Rathbun, 203. 18 Or. U. S. v. Eureka & P. RR. Co., 135. 40 Fed. Repr. 419. (Nev.) U. S. v. Morsman, 794. 42 Fed. U. S. v. Norsch, 795. 42 Fed. Repr. U. S. ex rel. Redfield v. Windom, Velie v. Manufacturers' Aecident Indemnity Co., 135. 40 Fed. Walker v. City of Kansas, 272. 99 Walton v. Agricultural Ins. Co., Waters v. Crabtree, 623. 105 N. C. Weisinger v. Cocke, 720. 7 S. Repr. Wells v. New Haven & N. Co., 271. Western Union Tel. Co. v. Adams, Western Union Tel. Co. v. Eagles (Feegles), 208. 75 Tex. 537. Western Union Tel. Co. v. Seay, Western Union Tel. Co. v. Wil- Wheeler v. Wayne Co., 720. 73 Ill. 599. White v. Cincinnati N. O. & T. P. Wibanx v. Grinnell Live Stock Co., 70. 22 Pac. Repr. 492. (Mont.) Williams v. McKay, 204. 18 Atl. Woodburn v. Cincinnati, N. O. & Wooldbridge v. Stern, 796. 42 Fed. Wygal v. Bigelow, 69. 42 Kans. 477. Young v. Ewart, 72. 132 U. S. 340. Youngs v. Youngs, 332. 130 Ill. 230. NOTE. The Old Series of THE AMERICAN LAW REGISTER is comprised in nine volumes, from November, 1852, to September, 1861, both inclusive; and having been printed from type, it is now out of print, and can only be furnished second-hand. The New Series begins with November, 1861, and has been printed from plates, so that the text can be had in newly-printed volumes. After the Twenty-first Volume, the quality of the paper used was changed, so that second-hand volumes prior to 1883, are not as large and do not correspond with the present volumes. In reprinting, a quality of paper uniform with that in this volume is used, making all volumes of the same size and appearance. The New Series comprises both the First and Second series: the First from November, 1861, to December, 1887, inclusive; the Second, from January, 1888, onwards. It was intended by the D. B. Canfield Company to call this Second Series, the Third Series, and the title page of the volume for 1888 was so lettered. But the present publishers have preferred to keep the titles of the Old and New Series, and divide the New Series into First and Second, instead of calling the Old the First, and dividing the New into Second and Third Series. The First Volume of the Digest covers the period of the Old Series and the first Fourteen Volumes of the New Series: the Second Volume (now in preparation) covers the volumes of the New Series from the Fifteenth to the Twenty-sixth, both inclusive; and the Third Volume will digest the volumes from the Twenty-seventh on, comprised in the Second Series. By using the last volume of the Digest first, the cross-references will speedily and easily unlock the wealth of legal matter in all the volumes of THE AMERICAN LAW Register. Philadelphia, Dec., 1890. THE AMERICAN LAW REGISTER. JANUARY, 1890. THE LAWS OF LOUISIANA, AND THEIR SOURCES. Read before the New Orleans Academy of Sciences in 1871, and revised for THE AMERICAN LAW REGISter. It is a maxim that all men are presumed to know the law, and that ignorance of the law excuseth no man. This maxim is well enough as it respects offenses malum in se, and such questions of right and wrong as one's conscience settles without any elaborate appeal to reason. But when we come to consider regulations which are made merely for convenience, or questions which require the cautious weighing of reasons by the cultivated mind to arrive at what is just, the propriety of the maxim is by no means so clear; yet it is essential to administration of justice. It is well known that the laws of Spain were the laws of Louisiana at the cession of the territory to the United States in 1803, by the treaty of Paris. It is true, the country had been settled by the French in 1699, and had continued in the possession of France for seventy years, when O'Reilly took possession of the same in 1769 for Spain, and that the larger part of the inhabitants were of French descent, and that the country had been retroceded to France by the treaty of Ildefonso in 1800, and by that power transferred to the United States, yet the brief possession de facto by France from the 30th day of November, A. D. 1803, to the 20th of December of the same year, did not permit the carrying into effect of any material changes in the laws. The only changes made by Lausat, acting for France, was to substitute VOL. XXXVIII.-1 I |