re the Bank of Hindustan, China and Japan; Kintrea's case, Ch., 39 L. J. R. 193.

2. Borrowing powers of directors: debt already due: assignment of call about to be made. - Assignment by directors, in consideration of further time being given for payment of a debt already due, of a call already determined on, and made a few days afterward,- Held, not an interference with the discretion which directors are bound to exercise in making calls, and consequently a valid assignment, enforceable after an order to wind up under supervision. In re Sankey Brook Coal Co. (Lim.), Ch., 39 L. J. R. 223.

1. Forfeiture of shares: ultra vires. — The owners of mines formed in 1835 a joint-stock company for working the mines by dividing the mining property into a certain number of shares, and after distributing a part of such shares among themselves, allotting the remainder to the public at 40l. per share, payable by installments to the said owners. The deed of settlement of the company provided for the forfeiture of the shares on non-payment of the installments due thereon, and reserved powers for increasing the capital of the company by augmenting the amounts of the shares, and for altering the articles of the company. Under a subsequent deed the share certificates were made transferable by delivery. In 1866, in order to raise additional capital of the company, and with the view of having the company registered as a limited company, resolutions were passed by general meetings of the company, that the amount of the existing shares should be increased by 107. per share, payable by installments, and in default of payment, that the share should be forfeited, and that the holders of share certificates should return their certificates, with their names and addresses, before a given day, or in default that their shares should be forfeited. The holders of a number of shares did not send in their certificates by the day named, and their shares were accordingly declared forfeited. The company was shortly afterward registered as a limited company, the list of shareholders sent in to the registrar comprising the names of those only who had sent in their certificates in compliance with the above resolution. On the company being subsequently wound up,- Held, that the shares of the members of the old company who had not sent in their certificates had been effectually forfeited, and they were not liable to be placed on the list of contributories to the new company. In re the Royal Copper Mines of Cobre Co., Kelk's case, and Pahlen's case, Ch., 39 L. J. R. 231.

2. Register of shareholders. — A sold shares on the stock exchange; the name of B, who had not bought them, was given as that of the ultimate purchaser. A executed a transfer to B, whose name was placed on the register of shareholders, though he had not executed the transfer. B compelled the company to remove his name. Afterward the company was wound up. A was made a contributory. Re Merchants' Co., Heritage's case, Ch., 39 L. J. R. 238.

COPYHOLD.

Right of heir to be admitted before devisee has claimed admission. Upon application for a mandamus to the lord of a manor to admit the infant heir of a deceased copyholder, it appeared that the deceased, having been admitted to his tenements, died seized of them, and, by his will, devised them to trustees for the benefit of his family. The trustees were, by the will, appointed guardians of the ¦

infant heir. The trustees proved the will, but did not ask for admittance as devisees. They, however, as guardians, demanded admittance on behalf of the heir, but the lord refused to admit him on account of the devise in the will. Held (dubitante MELLOR, J.), that the court, in the exercise of its discretion, could not grant the mandamus, as it would enable the devisees to avoid the performance of their duty as trustees, and as it was clear that the application was not made bona fide on the part of the heir, but merely for the purpose of reducing the amount of the fine which would otherwise be payable on admission. Regina v. Garland, Q. B., 39 L. J. R. 86.

DAMAGES.

1. Misrepresentation of authority to sell land: statute of frauds: telegram: authority to sell: advertisement. — Defendant, professing to be agent for the owners (he being one of them) of an estate, entered into a contract of sale of it to plaintiff; some time afterward he wrote to say that there had been some misunderstanding, that he thought he was authorized to sell, but that it appeared that the parties interested took a different view; the owners refused to complete, and sold the estate for a larger sum than that offered by plaintiff; plaintiff then brought an action against the owners, when, in answer to interrogatories, they (including defendant) swore there was no authority, but plaintiff still prosecuted the action on the ground that an advertisement, stating that to treat and view the property applications were to be made to defendant, was sufficient authority, and was nonsuited; he then brought an action against defendant for misrepresentation of authority. Held, that he was entitled to recover as damages, first, the cost of investigating title; secondly, the costs of the previous action up to the time of the answers, and a reasonable time to consider them, but not beyond; thirdly, the difference between the contract price and the market value, of which the price for which the estate sold was prima facie evidence; but could not recover loss on cattle, etc., bought in contemplation of the completion of the purchase. Godwin v. Francis, C. P., 39 L. J. R. 121.

2. Where, in answer to an offer to buy land, written and signed instructions of acceptance are given in the usual way to a telegraph company to be telegraphed, and a telegram is sent in the usual way in accordance therewith, there is a sufficient contract in writing within the statute of frauds. Ib.

3. An advertisement of sale of real estate, stating that to treat and view the property applications are to be made to certain named persons, does not hold them out as authorized to enter into a contract of sale. Ib.

EVIDENCE.

Copy policy: non-existence of original: when question of fact upon which admissibility depends is for the judge. - In an action upon a policy of marine insurance, defendant pleaded a traverse of the insurance. At the trial plaintiff gave evidence that the usual course of business was, that, upon execution of a policy, a copy was delivered by the underwriter's broker to the assured, but the original remained in the hands of the broker till the payment of the premium; he proved that a document purporting to be a copy policy had been delivered to him by defendant's broker, and having given notice to defendant to produce the original, and it not being produced, he tendered the copy in evidence to prove the existence of a duly stamped and executed policy. Defendant's counsel then proposed to call witnesses to show that no such policy as alleged had ever been executed, and asked the judge to hear this evidence, and decide upon it as a necessary preliminary to the admissibility of the copy. The learned judge refused to do so, and admitted the copy. Held, that he was right in so doing, inasmuch as by doing otherwise he would have decided the issue, which was for the jury. Boyle v. Wiseman distinguished. Stowe v. Querner, Ex., 89 L. J. R. 80.

LANDLORD AND TENANT.

Lease: liability of assignee for breaches of covenant committed during the time of their being assignees: implied contract with original lessee: privity. Plaintiff being the lessee of certain premises assigned to A B, who assigned to defendants, who committed breaches of the covenant in the lease, and then assigned over. Plaintiff was subsequently sued by the lessor for the breaches of covenant committed while defendants were assignees. He now sued defendants for the amount which he had had to pay the lessor in respect thereof. Held, per CHANNELL, B., and PIGOTT, B., dissentiente CLEASBY, B., that plaintiff was entitled to recover. Per CLEASBY, B., that plaintiff was not entitled to recover, there being no privity between plaintiff and defendants. Mule v. Garrett, Ex., 39 L. J. R. 69.

LIMITATION, STATUTE OF. See Trust and Trustee.

MARRIAGE SETTLEMENT.

1. Covenant to settle after acquired property: property acquired by husband's will falling into possession after husband's death. — A marriage settlement, made in 1828, contained a joint covenant by the husband and wife to concur and join in conveying and settling upon the trusts of the settlement, all property, real or personal, which the wife, or the husband in her right, might thereafter become entitled to or interested in, under the will or intestacy of, or by gift from the wife's father, or under the will or intestacy of, or by gift from any other person or persons whomsoever. The husband died in 1843, having by his will, made in 1841, left all his property to his wife absolutely. Held, that the covenant did not apply to the property acquired by the wife under the husband's will. Dickinson v. Dillwyn, Ch., 39 L. J. R. 266.

2. The wife's father died in 1836, and under his will she became entitled, in reversion, to a sum of 100l. which did not, however, fall into possession until after the husband's death. Held, notwithstanding, that this was subject to the covenant. Ib.

TERMS OF THE SUPREME COURT FOR JULY. 1st Monday, Special Term (Chambers), New York, Brady. 1st Monday, Special Term (Motions), Kings, Pratt. 1st Monday, Special Term, Dutchess, Barnard.

2d Monday, Circuit and Oyer and Terminer, Belmont, Daniels.

1st Tuesday, General Term, 3d Department, Plattsburgh, Miller, Potter and Parker.

3d Tuesday, Special Term, Broome, Parker.
Last Monday, Special Term, Livingston, Johnson.
Last Tuesday, Special Term, Albany, Hogeboom.
Last Tuesday, Special Term, Delaware, Murray.

LEGAL NEWS.

Daniel McFarland writes from Indiana that he has made all the necessary arrangements for the setting aside of the divorce granted to his wife, and also that he is confident of success.

The bar of West Tennessee held a meeting in Jackson, recently, and issued a call for a convention in Nashville on Monday, July 11, to nominate candidates for supreme judges from each of the three grand divisions of the state, to be supported at the election in August.

Gov. Hoffman has appointed the following persons, under the concurrent resolution of the last legisla ture, commissioners to visit the several prisons and report on the question of convict labor: E. C. Wines, secretary of the prison association; Thomas Fencer, lodge 105, knights of St. Crispin, representing the workingmen's union, and Michael S. Meyers, of

Auburn.

NOTICE TO THE NEW YORK BAR. -The jury and equity calendars of the court of common pleas will be renumbered, and the call of the cases will be resumed in October next, of such dates of issue as were entitled to be called at the adjournment of the June term. Notes of issue must be filed for the new calendars on or before the first day of August next, stating the number of the cause on the present calendar, and the fee required by the act passed May 2, 1870, in relation to jurors, &c., must be paid, in addition to the stenographer's fee, or the cause will not be continued upon the calendar. A new calendar will be made up for the trial terms of the superior court for the October term. All notes of issue for causes now on the calendar must be filed before the first day of August, or the same will not appear upon the new calendar. Such notes of issue must contain the date of the issue and the number of the cause on the present calendar. The jury fee of $6 must be paid upon filing the note of issue. In cases where the stenographer's fee has not been paid, an additional fee of $3 will be required. For all notes of issue of cases not now on the calendar the stenographer's and the jury fee must be paid upon filing the same.

NEW YORK STATUTES AT LARGE.*

CHAP. 431.

AN ACT to amend an act entitled "An act to allow the trustees, directors or managers of incorporated asylums to bind out orphans or indigent children surrendered to their care," passed April fifth, eighteen hundred and fifty-five, and to provide for the custody of such children.

PASSED April 27, 1870.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The trustees, directors or managers of any incorporated orphan asylum or institute, or home for indigent children, may bind out any orphan or indigent child, if a male, under the age of twenty-one years, or if a female, under the age of eighteen years, who has been or shall be surrendered to the care or custody of said society by the parent or guardian thereof, or placed therein by the superintendent of the poor of the county, or the overseers of the poor of any city or town in the county within which said asylum or institute is located, to be clerks, apprentices or servants until such child, if a male, shall be twenty-one years old, or if a female, shall be eighteen years old, which binding shall be as effectual as if such child had bound himself or herself with the consent of his or her father,

§ 2. In case of the death of the father of any indigent child, or in case the father shall have abandoned his family, or neglected to provide for them, the mother shall be the guardian of said child for the purpose of surrendering the said child to the care and custody of said society, and, in case of the death of both parents, the mayor of the city, or the supervisor of the town within which the said asylum or institute may be located, shall be, ex officio, the guardian of said child for the purpose of enabling said trustees, managers or directors to bind out such child.

§3. The father of any indigent child, or, in case the father shall be dead, or shall have abandoned his family, or neglected to provide for them, the mother may, by a written instrument, commit the guardianship of the person and custody of said child to the directors, trustees or managers of any incorporated orphan asylum or institute upon such terms, for such time, and subject to such conditions, as may be agreed upon by the parties; and, in case of the death of both parents, the guardian of said child, legally appointed, may, with the approval of the court or officer appointing him, to be entered of record, commit to such asylum the guardianship of the person and custody of said child in the same manner and upon the same terms that the parent might, as herein provided.

4. The provisions of sections eight, nine and ten of article first of title fourth of chaper eight of part second of the revised statutes shall apply to all cases of binding under this act.

CHAP. 559.

AN ACT to amend an act entitled "An act for the preservation of the public health," passed April tenth, eighteen hundred and fifty.

PASSED May 2, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. For the purpose of facilitating the proceedings of boards of health of towns and villages, the third section of the act entitled "An act for the preservation of the public health," passed April tenth, eighteen hundred and fifty, is amended by adding the following clause thereto :

*These laws have been carefully compared with the originals, and may be relied upon as accurate. We have not thought it necessary to take up space by attaching to each the certificate of the secretary of state which is attached to the copy from which we print. ED. L. J.

9. To impose penalties for the violation of, or non-compliance with, their orders and regulations, and to maintain actions in any court of record to collect such penalties, not exceeding one hundred dollars in any one case, or to restrain by injunction such violations, or otherwise to enforce such orders and regulations.

§2. This act shall take effect immediately.

CHAP. 568.

AN ACT in relation to telegraph companies.
PASSED May 2, 1870.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. In order to perfect and extend the connections of telegraph companies in this state, and promote their union with the telegraph systems of other states, any telegraph company organized under the laws of this state may lease, sell, or convey its property, rights, priv ileges, and franchises, or any interest therein, or any part thereof, to any telegraph company organized under, or created by, the laws of this or any other state, and may acquire by lease, purchase, or conveyance the property, rights, privileges, and franchises, or any interest therein, or any part thereof, of any telegraph company organized under, or created by, the laws of this or any other state, and may make payments therefor in its own stock, money, or property, or receive payment therefor in the stock, money, or property of the corporation to which the same may be so sold, leased, or conveyed; provided, however, that no such purchase, sale, lease, or conveyance by any corporation of this state shall be valid until it shall have been ratified and approved by a three-fifths vote of its board of directors or trustees, and also by the consent thereto in writing, or by vote at a general meeting, duly called for the purpose, of threefifths in interest of the stockholders in such company, present or represented by proxy at such meeting.

2. This act shall take effect immediately.

CHAP. 799.

AN ACT to reappropriate moneys for construction of new work upon, and extraordinary repairs of, the canals of this state, and for payment of awards made by the canal appraisers.

PASSED May 20, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The unexpended balance of one million four hundred and fifty-three thousand four hundred and eighty-four dollars and fifty-five cents, appropriated by the act entitled "An act to authorize a tax of three-quarters of a mill per dollar of valuation for construction of new work upon, and extraordinary repairs of, the canals of this state," passed May seventh, eighteen hundred and sixty-eight, being the sum of two hundred and ninetytwo thousand five hundred and eighty-seven dollars and eighty-one cents, is hereby re-appropriated to the same objects. In case there shall remain a balance of the sum herein re-appropriated to the same objects specified in said act, either by change of plan for said work, or from reductions in the awards mentioned, the said balance so remaining is hereby appropriated to the payment of the awards of the canal appraisers for eighteen hundred and sixty-eight, and for new work and extraordinary repairs authorized by chapter eight hundred and seventy-seven, laws of eighteen hundred and sixty-nine.

CHAP. 656.

AN ACT to authorize the canal board to change the present system of weighing boats and cargoes on the canals of this state, and appropriating money for that purpose.

PASSED May 5, 1870, by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The canal board is hereby authorized to adopt the "Reims Champion Boat Scale," in place of the present system of weighing boats and cargoes on the

canals of this state, if they are fully satisfied from tests already made, or from such further tests as they shall deem necessary, that the interests of the state will be subserved thereby, and they are hereby empowered to contract with the owners of the "Reims Champion Boat Scale," for the use of said scale on the various canals of the state.

22. The state treasurer shall pay on the warrant of the auditor of the canal department, or the comptroller, out of any funds appropriated for canal purposes, the moneys necessary to carry out the first section of this act.

23. This act shall take effect immediately.

CHAP. 760.

AN ACT to amend chapter seven hundred and twentyseven of the laws of eighteen hundred and sixtynine, entitled "An act authorizing cities and villages to acquire title to property for burial purposes, and to levy taxes for the payment of the same," passed May eighth, eighteen hundred and sixty-nine.

PASSED May 9th, 1870. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. It shall be lawful for the common council of any city, or the trustees of any incorporated village in this state, or the trustees of any incorporated rural cemetery association, in cases where such city or village needs lands for burial purposes, to purchase or acquire the title to such lands, provided such lands are vacant or have no buildings thereon exceeding in value five hundred dollars.

2. If the said common council or board of trustees of such village or association shall be unable to agree with the owner or owners of such lands for the purchase thereof, the said common council or board of trustees may proceed to acquire the title thereto in the manner, so far as is applicable, prescribed by chapter one hundred and forty of laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations, and to regulate the same," and the several acts amendatory thereof, and supplementary thereto. The amount paid for such lands, by such common council or board of trustees of a village as aforesaid, and all the expenses attending the same, with the expenses of fencing and improving the same, shall be assessed and collected by a general tax upon all the taxable property of such city or village, in the same manner as other city or village taxes are assessed and collected. In the case of a rural cemetery association, the said amount shall be raised and paid as other expenses of such association.

3. The common council of said cities, and the board of trustees of said villages and associations, are authorized to borrow the sum of money provided for by the second section of this act, and in anticipation of the tax aforesaid, or so much thereof as may be necessary to purchase the burial lot as aforesaid, and procure a good title in fee to the same.

CHAP. 789.

AN ACT to amend chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, entitled "An act to amend an act entitled 'An act to authorize the formation of railroad corporations, and to regulate the same,' passed April second, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of railroads,"" passed May eighteen, eighteen hundred and sixty-nine.

PASSED May 18, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section four of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine is hereby amended so as to read as follows:

24. It shall be the duty of such commissioner, with all reasonable dispatch, to cause to be made and executed,

the bonds of such municipal corporation, attested by the seal of such corporation affixed thereto, if such corporation has a common seal, and, if not, then by their individual seals, and signed and certified by said commissioners, who are hereby authorized and empowered to fix such common seal thereto, and to sign and certify such bonds. Such bonds shall become due and payable at the expiration of thirty years from their date, and shall bear interest at the rate of seven per cent per annum, payable semi-annually, and shall not exceed in amount twenty per cent of the entire taxable property within the bounds of said municipal corporation, as shown by said tax list, nor shall they exceed in amount the amount set forth in such petition. The said bonds shall also bear interest warrants, corresponding in number and amounts with the several payments of interest to become due thereon, but the commissioners may agree with any holders to register any such bonds, in which case the interest warrants on the registered bonds shall be surrendered, and the interest shall be payable only on the production of the registered bond, which shall then be transferable only on the commissioner's records.

The savings banks of this state are authorized to invest in said bonds not to exceed ten per cent of their deposits. All taxes, except school and road taxes, collected for the next thirty years, or so much thereof as may be necessary, in any town, village, or city, on the assessed valuation of any railroad in said town, village, or city, for which said town, village, or city has issued or shall issue bonds to aid in the construction of said railroad, shall be paid over to the treasurer of the county in which said town, city, or village lies. It shall be the duty of said treasurer, with the money which has heretofore been or shall hereafter be paid to him on said bonds, including the interest thereon, to purchase the bonds of said town, issued by said town, to aid in the construction of any railroad or railroads, when the same can be purchased at or below par; the bonds so purchased to be immediately canceled by said treasurer and the county judge, and deposited with the board of supervisors.

In case said bonds so issued cannot be purchased at or below the par value thereof, then it shall be the duty of said treasurer, and he is hereby directed, to invest said money so paid to him as above mentioned, with the accumulated interest thereon, in the bonds of this state, or of any city, county, town, or village thereof, issued pursuant to the laws of this state, or in Bonds of the United States. The bonds so purchased, with the accumulated interest thereon, shall be held by said county treasurer as a sinking fund for the redemption and payment of the bonds issued or to be issued by sald town, village, or city in aid of the construction of said railroad or railroads. In case any county treasurer shall unreasonably refuse or neglect to comply with the provisions of this act, any taxpayer in any town, village, or city, theretofore having issued bonds in aid of the construction of any railroad or railroads, is hereby authorized to apply to the county judge, on petition, for an order compelling said treasurer to execute the provisions of this act. And it shall be the duty of said county judge, upon a proper case being made, to issue an order directing said county treasurer to execute the provisions of this act.

All provisions of law now in force relating to the enforcement of the decrees or orders of the supreme court are hereby declared to apply to and devolve upon said county judge in the enforcement of said order. The county treasurers of the several counties of this state, in which one or more towns are situated which have issued bonds for railroad purposes, shall execute a bond, with two sufficient sureties, to be approved by the county judge of the counties respectively, to the people of the state of New York, in such penal sum as may be prescribed by the board of supervisors of the respective counties, conditioned for the faithful performance of the duties devolving upon him, in pursuance of the provisions of this act.

2. This act shall take effect immediately.