Custom in Violation of good Morals not admissible in Evidence.-A custom is not legal if contrary to morality, religion, and the law of the land; but is unreasonable and therefore not compulsory: Holmes et al vs. Johnson.

In an ejectment growing out of a disputed title to land, the claim. ant being a negro born in another state, the defendant offered to prove that in the region whence the plaintiff came, it is not customary for colored people to form legal marriages, and that the majority of them cohabit promiscuously, as well among free colored persons as slaves, in order to rebut the presumption of marriage and legitimacy from cohabitation : but the offer was rejected:

Held, that as the testimony would have tended to establish a custom contrary to public morals and decency, the rejection of the offer was proper: ld.

Wharfinger, Power of to sell-Vendor of chattel, when an incompetent Witness-Forfeiture of Personal Property by Negligence.-A wharfinger has no power to sell coal deposited on his wharf, for unpaid wharfage : Kusenburg vs. Browne.

Coal belonging to one, was by mistake deposited on the wharf of another, who after some time sold the coal to a third person, against whom the owner brought trover, to recover its value: on the trial, the vendor was offered as a witness for the defendant, but was rejected. Held, on writ of error, that the witness, being the vendor in possession at the sale, and bound to the vendee upon the implied warranty of title, was incompetent unless released: Id.

The plaintiff, in leaving the coal on storage upon the wharf, was not guilty of such negligence as would justify the sale of the coal, or a verdict against him, in the action to recover its value: Id.

Mental Incapacity, Proof of required to rescind executed Contract.Mere mental weakness will not authorize a court of equity to set aside an executed contract, if it does not amount to inability to comprehend the contract, and is unaccompanied by evidence of imposition or undue influence: Aiman et al. vs. Stout.

Right of Widow to control the Disposition of the Remains of her deceased Husband.-A wife has no right or control over the body of her deceased husband after burial: the disposition of the remains of the deceased belongs thereafter exclusively to his next of kin Wynkoop vs. Wynkoop.

A widow filed a bill in equity against the brothers of her deceased husband, and his mother in whose cemetery lot he was buried, to obtain the removal of the body to another cemetery, claiming her right so to do as administratrix and as widow. Held,

(1.) That her duty to bury the body of the deceased terminated with the burial and,

(2.) That as widow she had no right to it, after the interment: Id.

What Streams are navigable-Extent of grant to riparian Owner— Right of Navigation how affected by State Legislation.-In Pennsylvania, all rivers and streams of water, that are subject to tides, or capable of being navigated in the common sense of the term, are treated as navigable and grants of the adjoining soil are not usque ad filum medium aquæ but only to low-water mark, the soil and water found between the lines that describe low water, being retained as eminent domain for the use of all citizens: Flanagan vs. The City of Philadelphia et al.

The right of navigation in all such navigable waters is the paramount public right of every citizen: Id.

But where a river is wholly within the limits of the state, it is within the power of the legislature to diminish the navigability by the erection of a bridge, at or below tide-water, the state law not conflicting with any constitutional enactment of the general government in respect to such tide-waters: Id.

Voluntary Conveyances, when fraudulent as against subsequent Creditors-Trust Estate, how affected by Will made under Power reserved in Deed of Trust to use of Grantor and his Heirs.—One sui juris cannot, as against creditors either prior or subsequent, settle his property in trust for his own use for life, and over to his appointees by will, and in default of such appointment to the use of his lawful heirs in fee: Mackason's Appeal. Bartram's Estate.

Property so settled is assets in the hands of the trustees for the payment of debts, whether contracted prior or subsequent to the execution of the deed of trust and the devisees or appointees under the will of the settlor will be postponed to his creditors: Id.

Bond of Married Woman void even though the consideration for the Bond be one on which an Action may be maintained.—The judgment-bond of a married woman is absolutely void, though given for debts contracted before marriage, or for necessaries for the support and maintenance of her

:

family her separate estate, if liable for debts thus contracted, must be reached through the proper form of action, and not by means of instruuents declared to be null and void by the law: Samuel Keiper vs. Elizabeth Helfricker, impleaded with Samuel Helfricker.

Where a married woman gave a judgment-bond to one who advanced her money to be applied at the time for the purchase of real estate by her or her sole and separate use, and which was in fact so applied, held, that the bond so given was void, and could not be enforced against her separate estate: Id.

Execution Clause in Policy of Insurance, construed-What constitutes Levy within the meaning of such Clause.—A clause in a policy of insurance, that it should " cease at and from the time the property hereby insured shall be levied on or taken into possession or custody, under any proceeding at law or equity," is to be construed as meaning an actual levy and change of possession under it; a mere notice of levy by the officer charged therewith to the defendants at their store, without his taking the goods insured into possession or custody, though good as a levy, will not defeat the policy: Commonwealth Insurance Co. vs. Berger.

Conversion of Real Estate into Personalty.—To establish a conversion of land in money under a will, the sale must be absolutely directed, irrespective of all contingencies: the direction to sell must be imperative, independent of all discretion: Anewalt's Appeal.

Contracts, who are void as against Public Policy-Compromise of Civil Process or Private Injury binding on Parties.-Contracts which offend against the common law and public policy are void, but a compromise of a civil process or of a private injury, is binding: Weeks vs. Lippencott.

Hence, a promise to pay money to one through whose land a road had been laid out, for withdrawing his opposition to opening it, is a valid consideration on which an action may be sustained: Id.

Congregations-Regulation of Church Matters. A majority of a church congregation may direct and control in church matters consistently with the particular and general laws of the denomination to which it belongs, but not in violation of them: Sutter et al. vs. Trustees.

Where a congregation forms a union with another, of a different denomination, which had an established form of church government, the former is bound by the rules of the denomination which it has joined, and cannot afterwards secede therefrom by a vote of the majority of its members: Id.

SUPREME COURT OF NEW YORK.1

Trespass upon Land-Ejectment against Municipal Corporations.-To constitute a cause of action for trespass upon land, it must appear that the plaintiff, at the time of the alleged trespass, had the actual possession of the land, or that, being then disseised, he has since regained the possession by entry, or has obtained a judgment awarding it to him: Concen hoven vs. City of Brooklyn.

A plaintiff cannot recover damages for injuries to his possession when the allegations in his complaint negative the existence of such possession in him: ld.

Ejectment cannot be maintained against a municipal corporation by proof that at the commencement of the action the locus in quo was in use by the public as one of the public streets of a city: such use being inconsistent with actual occupancy by the corporation, and not affording evidence of any claim by it that it owns or has any interest in the premises: Id.

The grading, paving, and cleaning of the street are acts necessary for the fair enjoyment of the public right of way; and may be regarded as showing that the corporation claimed an easement for the public upon the land; but cannot be considered evidence that it claimed any title to, or interest in the land itself: Id.

Insurance-Premium Notes-Assessments—Surrender of Policy.—An assessment made upon a premium note should be made without reference to a former assessment still in force against the maker of the note, and as to which the assessing power of the insurance company is expended. If it includes such former assessment it will be irregular: Campbell, Receiver, &c., v. Adams.

The surrender of a policy by the insured, and its cancellation by the insurance company, dissolves the relation of the insured as a member of the company, and the company has no further claims upon him, except for the unpaid assessments previously made: Id.

Husband and Wife.-Where land was purchased for a married woman as a homestead with her separate means, and she went into possession and

1 From the Hon. O. L. Barbour, Reporter; to appear in the 38th volume of his Reports.

made valuable improvements thereon with her separate funds: Held, that the arrangement between the wife and her husband in respect to such purchase, being without any fraudulent intent, was lawful and should be sustained: Damon vs. Hall and Wife.

And that notwithstanding the property so purchased was by mistake mad to the husband instead of the wife, her equity was superior to that of a creditor of the husband whose debt matured and whose judgment was recovered long after the title to the property had passed from the husband and wife, by conveyances to bonâ fide purchasers: Id.

Contractors on Public Works-Liability for Damages.-A mere contractor, though upon a public work, who is not a public officer, is not liable to third persons for damages occasioned by the non-performance of the obligations of his contract: Fish et al. vs. Dodge.

Accordingly, Held, that one who had entered into a contract with the state to keep a section of the Erie Canal in repair, was not liable to an individual who had sustained damages in consequence of his neglecting to perform that duty: Id.

Neither the contracting board nor the Canal Commissioners can be held to incur any liability for accidents or injuries to third persons, by reason of the failure of the contractors to perform their contracts: Id. Nor is the state liable in such a case, because negligence in the selection of an agent or servant cannot be imputed against the state: Id.

Chattel Mortgage-Execution.-In order to bring the interest of a mortgagor of chattels within the power of an execution, there must be an absolute right of possession, for a certain and definite period, at the time the levy is made: Farrell vs. Hildreth.

A provision in a mortgage, allowing the mortgagee, in case he shall at any time deem himself insecure, to take possession of the property and sell it, previous to the time fixed for the payment of the debt, destroys the mortgagor's implied right to remain in possession a moment, provided the mortgagee shall deem himself insecure, and leaves him a mere tenant at sufferance. The nature of his interest is thereby determined to be uncertain and contingent: Id.

And if a sheriff, in such a case, with notice of the mortgage, and after demand of the property by the mortgagee, proceeds to sell the same on execution against the mortgagor, he renders himself liable to the mort gagee: Id.