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ABSTRACTS OF VARIOUS RECENT DE- ver by the plaintiffs to show that an officer took them,

unless it is shown that he had a legal right to have

them by virtue of his writ. We think that upon reaCONTRACT-RESTRAINT OF TRANE-CONTRACT DIVIS- son and authority, the act of the defendant's servant IBLE AND REASONABLE.-A., by a contract, for a valu- | in wrongfully delivering the property to a person not able consideration, agreed with B. that he would not entitled thereto must be regarded as the act of the thereafter engage in the busiuess of manufacturing defendants, and one of conversion. Cooley Torts, 534; ochre "in the county of Lehigh or elsewhere." He Edw. Bailm., $ 162; Cooley Torts, 441, 448; Cooley Bl. subsequently went into the business of manufacturing Comm. 150, notes; Ang. Carr. 290, 292; Syeds v. Hay, ochre in Lehigh county, and upon a bill for injunction 4 Term Rep. 260; Keyworth v. Hill, 3 Barn. & A. 685; to restrain him from continuing the same being filed Fisher v. Kyle, 27 Mich. 554; Bullard v. Young, 3 by B., he answered that his contract was iu restraint Stew. 46; Indiana & St. L. R. v. Herndon, 81 Ill. 143; of trade, and therefore contrary to public policy.

Illinois Cent. R. v. Parks, 54 id. 294; Esmay v. FanHeld, that the contract was divisible as to place; that ning, 5 How. Pr. 228; Coykendall v. Eaton, 55 Barb. while it was void outside of Lehigh county, it was 188; Bissell v. Starr, 32 Mich. 298; Edwarda v. Frank, good within the county; that it was competent for A.

10 id. 616; Hicks v. Lyle, 46 id. 488; Barnum v. Stone, to make the contract; and that it was reasonable and 27 id. 335, 336. The intention with which the wrongnot appressive. A contract restraining one of the ful act is done by which a party is deprived of his parties from the exercise of a trade within a limited property, except when malicious, is of little conge. locality, when there is reasonable ground for the re- quence, provided the act is done. It is the effect of striction is valid. Inquiry will not be made into the the act which constitutes the conversion. Edw. adequacy of the consideration. Its value will not be Bailm., $ 162; Cooley Torts, 534-538, 688; Griswold v. measured against the uncertain value of the right to

Haven, 25 N. Y. 595. The defendant was a carrier, carry on the trade or business. If it be reasonable it and if the carrier of goods allow an officer to take the is enough. McClurg's Appeal, 58 Pem. St. 51. The goods he is carrying, it is no defense against the plaincovenant as to place, “in the county of Lehigh or

tiff's action of trover for their value to show that an elsewhere,” is divisible and valid as to the county.officer took them, upless it show that he had a legal For the present it is conceded to be void elsewhere. right to take them by virtue of his writ. Ang. Carr. This point was decided in a case where the party 223; Kiff v. Old Colony & N. Ry. Co., 117 Mass. 591. agreed not to engage in a particular business in Cina | It is claimed that such a showing was made in this cinnati or elsewhere. Thomas v. Miles, 3 Ohio St.

case. We think not. The evidence by which it is 274. Other cases are cited by the learned judge of the

claimed such showing was made wag, as we tbink, erCommon Pleas sustaining the same doctrine. None roneously received against the objection thereto by to the contrary was referred to at the argument.

the plaintiff's counsel, and cannot be regarded in this Where a county or city or borough is named as a limit discussion. There was little evidence of the facts and an unreasonable extent of territory in addition is sought to be established, and when the defendant also named, the covenant is divisible, and may be

seeks to show a better right to the property, or to its valid as to the particular place which "is a reasonable control, and the plaintiff claims, the legal proceedings limit. It has been said that all the cases, when they apon which the officer's writ or order is based should come to be examined, seem to establish this principle be introduced. Beach v. Botsford, 1 Doug. 199; Gid--that all restraints upon trade are bad, as being day v. Witherspoon, 35 Mich. 367. Mich. Sup. Ct., in violation of public policy, unless they are natural,

Oct. 28, 1886. Gibbons v. Farwell. Opinion by Sherand not unreasonable for the protection of the parties wood, J. in dealing legally with some subject-matter of con- DAMAGES-LIABILITY OF OWNER OF DOG.-A person tract. The principle is this: public policy requires bitten by a dog may recover damages from the owner, that every man shall not be at liberty to deprive him

upon evidence ibat the dog, with the knowledge of the self or the State of his labor, skill or talent, by any

owner, had a mischievous propensity to bite, whether contract that he enters into. On the other band, pub- in anger or not. In either case the persons bitten lic policy requires that when a man has, by skill or by would suffer injury. A mischievous propensity from any other means, obtained something wbich he wants which injury is the natural result. In the to sell, he should be at liberty to sell it in the most of Hudson Roberts, 6 Exch. 699, it advantagous way in the market; and in order to en

appears that the plaintiff was walking in the able him to so sell it, it is necessary that he should be

wearing a red handkerchief. The bull of able to preclude himself from entering into competi- defendant, ordinarily gentle and quiet, and not known tion with the purchaser. In such case the same pub- to have gored any person previously, was being driven lic policy enables him to enter into any stipulation, along the street, when he attacked and gored the however restrictire it is, provided the restriction, in plaintiff. The defendant said that the red handkerthe judgment of the court, is not unreasonable, having chief caused it, and that he knew the bull would run regard to the subject matter of the contract. Leather at any thing red. The plaintiff recovered. The bull Cloth Co. v. Lorsont, 9 Eq. Cas. 345. Peun. Sup. Ct., | had no hostile feeling agaiust the man he injured, and Oct. 4, 1886. Smith's Appeal. Opinion by Trun- no disposition to gore mankind, yet because of his key, J.

mischievous propensity to rush at a red object, of CONVERSION - WHAT AMOUNTS TO - SEIZURE OF which his owner knew, it was held that when he GOODS BY OFFICER.—The plaintiff and his partner caused injury to the plaintiff, through that propensity, owned certain hop-poles at Schepaux islands, in Lake his owner should pay damages. A domesticated bear Huron. The defendant undertook to carry these poles, may hug a man until his ribs be broken. This may be by water, to Detroit, and deliver them to the plain the mode adopted by the animal to manifest bis aftiff. Defendant carried the poles, but on reaching fection; yet if he had on other occasions previously Detroit, made no attempt to deliver the poles to their shown his affection in that way, causing injury, and owner, and the master of the boat, who was a United his owner knew of such propensity, the owner would States niarshal, delivered the property, without the have to pay damages caused by breaking the man's owner's consent, to a third party. Held, to be wrong- ribs. It is true that the bear is classed with animals ful conversion, for which trover would lie. If the fera natura, and the presumption, in such case, would carrier of goods allow an officer to take the goods he be that although domesticated, the animal had reis carrying, it is no defense against an action of tro- | lapsed into his wild habits, yet although the presump



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tion on the question of scienter would be against the boundaries. Daggett v. Shaw, 5 Meto. 233; Davis v. owner, he might be able to prove that the habit of em- Sherman, 7 Gray, 291; Wood v. Foster, 8 Allen, A; bracing persous did not proceed from the savage na- Long v. Colton, 116 Mass, 414; Hunnicutt v. Peyton, ture of the bear, but under the influence of civiliza- 102 U. S. 333, 334. So far as these cases stand on the tion, from a cultivated affection. But this proof would ground that such declarations are acts qualifying the not avail the owner in a suit by a party embraced. party's possession (Niles v. Patch, 13 Gray, 254, 57) Such a propensity would be held to be mischievous, they do not apply to the identification of an easement, because hurtful to those who were the object of the For uuless it be assumed that the easement identified bear's affection. In the case of Oaks v. Spaulding, 40 and claimed is the one in fact attached to the domiVr. 347, it appeared that Mrs. Oaks-was driving cows nant estate, the party making the declaration has no home from pasture, when the ram of Spaulding at- possession of it. And the assumption thus made to tacked and injured her. It was shown that the ram justify the admission of the evidence, would be an bad a propensity to butt mankind and that tbe de- assumption of the very fact which the evidence was fendant knew it, but it did not appear whether the admitted to prove. But it is more satisfactory perprevious buttings by the ram proceeded from an ugly | haps to say that the admission of such declarations has disposition, or from the exuberauce of a playful generally been regarded as an exceptiou to the gen. spirit; yet it was held that the defendant was liable, eral rule against hearsay, and that we cannot estend It did not cure the hurt nor assuage the pain of the the priuciple further than it has been carried by au• woman to be told that the ram, when he butted her, thority. We are not aware that it has been applied to was only in one of his accustomed sportive moods. It a case like this. Where, in an action for interference might have been fun for the ram, but it was hurtful to with a right to a spring of water, it appears that the Mrs. Oaks. It was a mischievous propensity, whether / plaintiff has not appropriated the water, he cannot sue proceeding from ugliness of temper or from good ua- the defendant for doing transitory acts, such as draw. ture, which is known to the owner of the ram, made ing water in pails, or watering his cattle; but when him liable for damages resulting from such propensity. the defendant puts in an aqueduct, which diverts the There is no doubt, tbat in cases of animals not natu- water continuously, and which interferes with the exrally inclined to do mischief, a previous mischievous ercise of the plaintiff's rights, whenever thereafter de propensity must be shown and the scienter clearly es- fendant seeks to exercise them, he does an overt act of tablished. The gist of the action is, not the keeping permanent effect, which amounts to an open denial of of the animal, but the keeping with knowledge of the the plaintiff's right, and will extinguish it in twenty mischievous propensity, whether proceeding from a years to the extent of the water withdrawn. Nominal savage dispositiou or not. The conclusion is, that the damages may always be recovered for such an act. plaintiff below having shown by his proof that on sev. Mass. Sup.Jud. Ct., Oct. 21, 1886. Peck v. Clerk. Opiu. eral previous occasions the dog in question bad bitten ion by Holmes, J. various persons on the band, with knowledge of the defendant, he was entitled to recover, even if the habit did not proceed from a ferocious nature, but was

CORRESPONDENCE. the result of a mischievous propensity. N. J. Sup. Ct., Nov. 10, 1886. State V. McDermott. Opinion by


Editor of the Albany Law Journal: DEED-RESERVATION OF "SPRING "_DECLARATION An opportunity is presented to the citizens of the OF DECEASED GRANTOR - OF FORMER GRANTEE.- A State of New York to take a long step to the front in deed contained the following clause: “Excepting the matter of popular government. and reserving to myself, my heirs and assigns, the We are to have a Constitutional Convention next spring of water on said prenuises, and the right to lay summer, and if it can be brought to formulate a very down, repair, and rebuild aqueduct and pipe, and short Constitution, as nearly as may be establishing convey said water off from said premises, together veritable popular government, good may oome of is. with the right to fix baid spring, aud do any other The nearest approach to what is recognized as popuact or thing necessary for taking off said water." It lar government has been attained under constitutional was proved that there was no water on the premises, forms. The limitations thereby secured have been proexcept that a small stream of water, having its rise in a ductive of the profitable restraints directed against spring on adjoining land, and flowed on to the premises monarchical institutions, the line between ruler aud and was fiually lost in the ground. Held (1), that the subject having been settled. word "spring" referred to this stream; and (2), that This was all good enough in its time. But now that evidence that this water was called a "spring" in the the awful meðace of the throne has been removed neighborhood was superfluous. Declarations of a from the State, is it necessary to maintain the ancient grantor, since deceased, that he called it a “spring,” barriers ? is inadmissible. Her subsequent statement that she Are we so prone to self-injury that we must be prounderstood at the time that this stream was the water tected against ourselves? If the anchor has saved us reserved, was merely a statement of the conclusion, in some old-time storm, now that the skies are clear from what she had already testified and did not add and the winds fair, must we look more to anchor than to it. Whether, standing alone, it would have been sail? admissible, if the suit had been against her, as an in- The truth is, any Constitution, which goes further terpretation made by her against her own interest, than outlive the form ot government, is more of a disand whether, it admissible against her, it would bave ability than help. Popular government means the been admissible against a purchaser from her, with right of the people to govern themselves. There is a out notice, are questions not fairly raised, we think, growing belief that many of the ills which oppress in this case. The evidence of a former owner, that at mankind may be removed or mitigated by law with. the time of her purchase and ownership there was no out exceeding the legitimate functious of governother water or spring on the lot, is admissible as tend

ment. ing to show that the words must have referred to this

Constitutional restraints have grown to such pro. water. The declaration of the deceased grantor was portions of late that the ship of State can hardly be admitted, we presume, as being in effect av identifica- navigated, because of such like obstructions, and what tion of the spriug attaehed to the land conveyed and iu limited doses was found a safe medicine, we cannot as falling within the principle of declarations as to hope to make a healthful article of diet,

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A good Coustitution for actual service would be in all cases a decision with fiudings upon the issue of one that by its first article would lodge the govern- law must be made and filed. If the demurrer be to a ment in the hands of the Legislature.

whole pleading, and be sustained or overruled without Then go ou and state the number of senators and leave to amend, a decision should be drawn, and let assemblymen and their districts, with authority to the decision direct final judgment to be entered, and the ladies to enact such laws as the safety and good enter it acoordingly. But if leave to amend or plead government of the Commonwealth required. Provide over is given, draw your decision just the same, aud for a governor and lieutenaut governor and other let it direct that an interlocutory judgment be enState officers, to hold by act of Legislature.

tered adjudging the demurrer to be sustained or overThe judiciary article might provide for a Supreme ruled, and that final judgment be entered unless the Court and General Term thereof, with as many judges party amends or pleads withiu days, and pays as the due administration of justice may require, to $ - costs, and enter your interlocutory judgment achold office during good behavior, and the calendar ofcordingly. This judgment is appealable. 15 Hun, 220. all the courts to be cleared annually.

If the amendment or pleading be not made, enter A Court of Appeals of fourteen judges, or as many your final judgment, on application to the court, aud more as may be required, to hold office during good an affidavit of default. behavior, said court to consist of a chief justice and This is respectfully submitted to the profession as a thirteen associates, to be divided into two parts, No. 1 correct practice, and one entirely free from difficulty, to be presided over by the chief justice, and to con- and in accordauce with the ideas of the framers of sist of six associate to be selected by the governor, and the Code. No. 2 to consist of the remaining seven justices to be

Yours truly, presided over by one of their number, to be selected PORT RICHMOND, Dec. 6

SUBSCRIBER. by the governor, and who shall be known as the presiding justice. All questions arising where the two branches of the court are at variance shall be decided

by the full bench of all the judges called together by
the chief justice for that purpose.

Also power for the Legislature to provide for addi.

New Trials and Appeals; or the Rules of Practice, applicational judges and parts of the court.

ble to the review of judicial determination in civil actions A Constitutional Convention that would give us a

and in special proceedings under the Code of Civil ProConstitution placing the government in the hands of

cedure, with an appendix of forms. By Edwin Baylies, the people absolutely would stimulate renewed activ

Counsellor-at-law Rochester, N. Y,: Williamson & Higity by and give a value to citizenship, that could only

bie, 1886. result in progress for us. If the answer to this proposition is that the people tice, and whoever has the one will need the other.

This is a companion volume of “Baylies' Trial Praccould not be safely trusted with such powers, then we

The book will be found of great assistance in the premust admit that popular government is a failure.

paration of cases for the appellate courts, and tbe auThere never were conditions more favorable to

thorities pertinent to the practice therein have been broad departures in the line of government than are permitted the separate States. The general provis-cessible form. There is an appendix of eighty-one

carefully digested and arranged in convenient and acions of the Constitution of the United States presents

all necessary safeguards, and it seems high time for
us to exhibit to the world the truth of our claim, that
one hundred years of education has prepared us for

self government.

Void Execution, Judicial and Probate Sales, and the legal I submit these remarks for what they are worth. and equitable rights of purchasers thereat, and the conVery respectfully,

stitutionality of special legislation validating void sales, Edw. GEBHARD).

and involuntary sales in the absence of judicial proceed

ings. Second edition. By A. C. Freeman. St. Louis, PRACTICE ON DEMURRER.

Mo.: Wm. H. Stevenson, 1886.
Editor of the Albany Law Journal :

This is a very complete and convenient manual by I think that a practice founded upon an intelligent the learned author of the works on “Judgments" and reading of the sections of the Code relating thereto

" Executions," who is also the editor of the “Ameri.

can Decisions." There is no person more competent ought to avoid any “friction, such as a correspondent in your last issue supposes necessarily exists, re

to treat of this topic than Mr. Freeman, and he has garding appeals, when a demurrer is sustained or

unquestionably done a good service in producing this overruled. It strikes me that the trouble arises from special treatise, the law of wbich has hitherto been

scattered and somewhat inaccessible,
a misapprehension of the provisions of the Code as to
the form of decision and judgment in such cases,

that having settled that question, the other, as to ap-

RANDOLPH ON COMMERCIAL PAPER. peal, fades entirely away.

The second volume of this treatise, which is now Section 990 of the Code was amended by chapter 542 published, confirms the favorable impression which of the Laws of 1879, and the word "order" was

the first made upon us.

A third volume will complete stricken out, so tbat nó provision is now made in the

the work, and as a whole the treatise will have a Code for any thing except, first, a decision ; secoud, a

marked and permanent value. F. D. Linn & Co., Jerjudgment.

sey City, publishers.
Then comes section 1621, which expressly declares
that the decision must direct final or interlocutory
judgment to be entered.

From all which '(and from the decisions cited by Thig large volume, the eleventh of the series, com-
pour correspondent, and also from 74 N. Y. 80, and 76 prises all decisions from the year 1883 to 1886, and is
id. 515) it would appear that a demurrer is an issue of of course indispensable to the possessors of the pre-
law, to be tried on fourteen days' notiee; that in no ceding volumes. It is in every point well executed.
case is any order either proper or necessary, but that Published by George S. Diossy, New York.

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CATALOGUE OF THE CALIFORNIA STATE LIBRARY. teach judges that parties who sue in person do not de

The oa talogue of the law department of the library, serve an indulgeuce which they almost invariably
prepared by Talbot H. Wallis, State librarian, is a abuse.London Law Times.
handsome volume of 650 pages, and is in every way & The result of the tedious case of Adams v. Coleridge
creditable performanoe. It is indexed under States, is to show that Mr. Adams has been unreasonable,
authors and subjects.

and a chief justice may be indiscreet. Mr. Adams bad
good ground for bringing his previous actiou against

Mr. Bernard Coleridge, but he had been sufficiently

compensated by the 5001. awarded him by Lord

Moukswell, who uo doubt also took a just view of the HE following decisions were handed down Tues- first action against Lord Coleridge in awarding day, Dec. 14, 1886:

forty sbillings damages and costs. Moreover Mrs. Judgment affirmed-- Nathaniel R. Denton et al., Adams had been sufficiently provided for by Lord appellants, v. George W. Sanford et al., executors, re- Coleridge, and the interests of her husband fully conspondeuts.- Motion for reargument denied. Re- sidered by the settlement of 6001. a year on the wife, mittitur amended by substituting for order of judg- with a power of appointment to the husband. There ment an order granting a new trial, with costs to

was no necessity therefore for Mr. Adams to take adabide the eveut-Brackett v. Griswold.-Motion for vantage of the accident by wbich letters were sent by reargument denied, with costs-Blake v. Griswold. Lord Coleridge's solicitor to the arbitrator for the

-Motion to dismiss granted, with costs-Derleth v. purpose of a second time placing his grievance before De Graaf. -Motion to advance cause denied, with the public. All he has succeeded in doing is to pubout costa-City of Brooklyn v. Copeland.-Motions lish to the world letters in which there are expressione to advance cause denied, without costs—Berndheimer which it were better that a chief justice should not v. Rundskopf; Seymour v. Mack.-Motion to with- bave written, and that is all. Little difficulty need be draw granted, with $30 costs and $10 costs of motion-felt about the law of the case. If a man puts letters Porteous v. Williams.

into the hands of a third person with express instruc-
tions not to publish them, he is not responsible for

any publication which may take place through that

agent. If however he leaves his agent a discretion be

is responsible for the agenc's act in publishing. The Judge Bleckley on Egotism: “No matter how well

latter seems to bave been the case of Lord Coleridge introduced by others, I always bring myself before and Mr. Bernard Coleridge. Then arises the question my audience, if I have any. Very often I have none,

whether the act of the clerk of the solicitor in sending and then I don't speak, except to myself. I take my- the letters to the arbitrator was, so far as it cau be atBelf along all the time, and my habit is to talk about tributed to Lord Coleridge and his son, a privileged myself as freely as about other people, and quite as

publication. Honestly to convey evidence to an arbifavorably; if any difference, more so. In short, I am trator is no doubt privileged unless malice can be an egotiat. I consider it a great blessing to be myself,

shown, and Mr. Adams failed to bring malice bome a blessing which I appreciate the more, the more I either to Lord Coleridge or Mr. Bernard Coleridge. think of the great risk I must hare run of being some

Practically the question which the jury had to decide body else. Of the fifty-five millions of other people

was whether Lord Coleridge or his son was a party to in the United States I might have been any one. In- the communication of the letters to the arbitrator, deed the possibilities were much wider; I might have

with the intention of unduly influencing his mind, and been any one of the fifteen hundred millions that in- happily for the honor of the bench the jury have fully habit the earth. Nor does this even begin to exhaust cleared the chief justice from this grave imputation. the contingencies to which I was subject; I might That part of the case which concerns the slip made in have been any one of the countless myriads that ever

the office of Mr. Harrison is of much professional indid or ever will live. I might percbance have been

terest. Napoleon said to the accoucheur who was atone of the unimaginable number of animals, or plants tending Marie Louise, "Treat her as if she were a poor or minerals--a grain of sand or a mote in the atmos

girl in the Faubourg St. Antoine." Solicitors who phere. I might have been one of the units, any one of

have a chief justice for a client are apt perhaps to be the atoms, of derivative existence, with my place at

What happened in this case shows that a any point in the immensities, my time at any moment

loss of nerve or want of care in such circumstances is of the eternities. On the other hand, I might not

tolerably sure to meet a perhaps undue punishment. have been at all."

The lowest drawer in the most secret safe accessible to The conclusion of the Coleridge trial is what was ex- the principal only is not too well guarded a place for pected at a very early stage. Our only interest in it the letters of a chief justice, especially one apt when is from a professional point of view. Sympathy is de- he writes fully to lay bare his heart. Great lawyers cidedly with the chief justice, and he will re- are seldom good witnesses. When Lord Selborne gume his judicial duties under decidedly im- stepped into the witness box in Adams v. Coleridge he proved impressions. The scene in the court was asked, “Did you know that your solicitor was Tuesday afteruoou as painful as any thing acting for Miss Coleridge?" And he answered, “I that can be conceived. The venerable chief justice should prefer to state wbat passed." The statement spent the larger part of the day in being literally was so little what the plaintiff wanted to know, that " badgered” by an unprofessional cross-examiner, at last Lord Selborne confessed, "Perhaps I had bet. who in his opening statement had magniloquently pro- ter answer the question put to me," which a good fessed his intention of keeping closely to the issue. The witness would have done at first. Sir Charles Rusresult was that the latitude given to a party in person sell's lapse of memory in regard to John Baptist's Day was stretched too far. Painful questions of a totally was perhaps precipitated by the discomfort of having irrelevant character were pressed home until both 80 accomplished a man and subtle an advocate by his judge and jury remonstrated; yet the judge beyond side as a client. If so, the disturbing influence was question strained his forbearance to the utmost in or- its own remedy, as no doubt it was the distinguished der that there might not be a symptom of a suspicion defendant himself who brought back the court to the of unfairness. For ourselves however we believe that consciousness that the day was identical with a familthe pitiable trial may bring forth good fruit. It may iar quarter-day.-London Law Journal.

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*3 134 The Albany Law Journal.


“PENOLOGY " is the rather ambiguous title of

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Mr. Warner, " is about the only thoroughly clean family newspaper 1 know of; certainly there are

few journals published outside that are fit to circuALBANY, DECEMBER 25, 1886. late inside this prison; it needs a good world to

stand some of our newspapers; a prison cannot.”

We are interested to notice that Mr. Warner does CURRENT TOPICS.

not believe in mercy to habitual criminals. He says: “If professional and confirmed criminals,

men who declare by undergoing second conviction a little

On inspection for a felony that they have made preying upon it turns out not to be a treatise on penmanship, but society their business, who belong, in short, to a one on the proper treatment of those who are penned pretty well-defined criminal class, cannot be rein prisons à reprint of several papers from the moved altogether froin troubling this world, they North American Revier and Harpers' Magazine, by ought to be locked up permanently and made to Charles Dudley Warner, with the addition of one earn their living. They are of no sort of use in the by Charles A. Collin and several not signed, issued world, and are an expense and a danger to society." by the State Reformatory at Elmira. The series has This institution certainly seems to be well worth considerable interest as showing the result of an the $30,000 a year which it costs the State. It is intelligent and persistent attempt at reformation an outgrowth of civilization easily distinguishable rather than mere punishment of convicts. The from that “mawkish sympathy” with degraded Reformatory is a school of morals and learning and hardened criminals which exhibits itself in rather than a prison, and the inmates, although sending flowers to murderers and running up and subjected to strict discipline and to eight hours' down to procure commutations and pardons for daily labor, are less worked and better fed, better those who have shown no mercy and who deserve housed, and better instructed than they probably nothing but justice. would have been if they had led virtuous lives. At first this course of treatment would seem rather a Mr. Max Fast contributes an interesting account premium on vice, but let us free our minds from of the land-transfer system of Prussia to the Record prejudice, and judge the tree by its fruits. If the and Guide. The basis of the system is the record, convicts are turned out reformed and likely to make There can be no unrecorded holding, and property and continue good citizens, it is certainly a great passes by recording. The kingdom is divided into deal better and cheaper than to keep them pent in districts, each of which is presided over by a single ordinary prisons without any such prospects. The judge, and every town, village or manor within Reformatory has been in operation eight years, and each district has its “ground-book.” This book is its present population is seven hundred and thirty- divided into three parts; the first sets forth the three. “The reports show that eighty per cent of owner's name, the mode of acquiring the history of the men going out are reformed. That is to say, the title, the time when acquired, the purchase they do not again fall under the law; it is not sup- price or value; the second states the permanent inposed that they become saints, but they are fairly cumbrances or easement; the third, the mortgages. law-abiding, do not commit felonies.” On the Land cannot pass without the allowance of the other hand, of those ordinarily discharged from judge, who examines into the identity, competency State prisovs sixty per cent have to be caught and and capacity of the parties. Nobody but the imprisoned again." This is certainly a convincing recorded owner may convey the land. If any proshowing. As to the course of education, it “runs hibition or limitation of his rights has been adfrom the rudiments — reading, writing and arith-judged in other courts (of bankruptcy), it is notified metic — up through grammar, higher mathematics, to the land court and properly entered. Two kinds and geography, to history, specially American and of mortgages are recognized, hypothek and groundEnglish history, politics, English literature, such debt. Both originate in and depend upon entry in knowledge of law and the government of society the books. The former is an accessory security for as is necessary to make one an intelligent citizen, a personal debt and the creditor has both an action and political economy.

None of these things are in personam and an action in rem. The ground debt superficially taught; they are drilled in and in." has no personal character and carries only the right “The education of the institution is intended to be to an action in rem, the liability to which adheres industrial as well as scholastic. A few of those to the land. The most curious characteristic of the best fitted are taught telegraphy, and others sten- scheme however is the “Grundschuldbrief," or cerography. Lessons in drawing and design are given; tificate issued by the court on the recording of a and I saw some very creditable designs for tile and title, which mobilizes the estate and enables mantel-pieces, done by the pupils. Teaching specific the owner to carry it around in his pocket and sell industries is to be carried out more generally in or pledge it in whole or in part. This is described future, the object being to fit the discharged to by Mr. Fast as follows: “It may be indorsed in earn a living honestly, as carpenters, workers in blank and is indeed a veritable • lettre au porteur.' metals, etc. The class in carpentry was very suc- The assignment needs no recording in the Grundcessful.” Printing is also taught, and the convicts buch, in order not to hinder the easy mercantile edit and print a weekly newspaper, which, says movement of the paper, and if an assignee should

VOL. 34 - No. 26.

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