1871, (sec. 9, chap. 574, Laws of 1871), to sell or lease, after public advertisement and appraisal, under direction of the Board. By resolution of said Board, adopted May 2d, 1871, plaintiff, with two others, were appointed appraisers, comptroller first making satisfactory arrangments with them as to their fees. Under dircetion of the board they examined and appraised the real estate belonging to the city, the comptroller having agreed to pay a satisfactory compensation. On the trial the complaint was dismissed. PRACTICE-APPEALS FROM ORDERS. N. Y. COURT OF APPEALS. Baker respt. v. The Home Life Ins. Co. applt. Decided November, 1875. The court has the power to make its record This action was brought upon a policy of life insurance. It appeared by the reporter's minutes, that after the testimony was closed defendant's counsel made a motion for a nonsuit, which was denied. He then requested the court to Held, Error: that said board had full power to select appraisers, and it was for them to determine where an appraisal was necessary, and whether a proper oc- direct a verdict for the defendant; this casion existed therefore, whether it was also denied. The court subsequently was done from a proper motive or not, revised its decision, and directed a noncould not effect the validity of the ap- suit. Several motions were then made on pointment, or the right of the appraisers | behalf of plaintiff to submit certain questo compensation: also that this expense tions, which were denied, and the minwas not within the prohibition of the utes close with a statement that, by diAct of 1871 (sec. 101, chap. 137, Laws of rection of the court, the jury rendered a 1871), forbidding any of the departments verdict for defendant. The clerk enteror officers thereof from incurring any ex-ed in his minutes that the jury, by direcpense unless an appropriation therefor tion of the court, found a verdict for the has been previously made, as such charges defendant. were directed to be paid from the proceeds of sales or leases, and it is only when for some reason they are not so paid, that the city is resorted to; that the agreement with the comptroller was in effect to pay for the services what they were for a nonsuit was granted. worth, and was a substantial compliance Held, No error: that the court had with the condition of the resolution, par-power to correct any mistake in the reticularly as the comptroller was a member cord of its proceedings, and to conform of the Board, and after the agreement it to the facts which occurred on the plaintiff went on, under their direction; trial. also that the question whether the compensation was to be determined by the comptroller, was not one of interpretation, but of inference and of fact to be determined by the jury. Judgment of General Term, affirming judgment entered upon order nonsuit The judge who tried the case upon application at Special Term, ordered the record to be amended by the striking out the statement that a verdict was directed, and inserting instead, that a motion. Also, Held, That the order of the Gen- Opinion by Andrews, J. ing plaintiff, reversed, and new trial PROPRIETARY RIGHT TO TELE granted. Opinion by Allen, J. GRAPHIC NEWS. N. Y. SUPREME COURT-SPECIAL TERM. Kiernan v. Manhattan Quotation Com- S. bonds and stocks; the rates of interest, pany. Decided Jan. 5, 1876. and and increase and decrease of specie in the Banks of England and France. The There is a right of property in telegraphic Gold and Stock Telegraph Company is a news collected in Europe and forwarded corporation formed for the purpose of here by wire, because of the labor transmitting to its customers, by teleand expense thereon bestowed. graph, "foreign financial news,' This right may be abandoned by publica- also "domestic financial news," includtion, but it is not a publication to send the news to a subscriber; for he receives ing the quotations of the Stock Exchange. it for his own use, only. The plaintiff was engaged in furnishing An injunction will lie to restrain the use to his customers, by telegraph, "foreign of this news until published. financial news." The defendant, "The The complainant had an arrangement Manhattan Quotation Telegraph Comwith the Gold and Stock Telegraph Company," was also engaged in the business pany, to send over its wires for him, to his of furnishing to its customers both forcustomers in a certain section of the city eign and domestic financial news, and of New York, foreign dispatches, which he the defendant, Abbott, was its agent for received from the Associated Press thirty the procuring of the same. The Gold minutes before their general distribution. and Stock Telegraph Company had a The Manhattan Quotation Co. made an contract or agreement by which it had arrangement with one Abbott to get for it the exclusive use of all "foreign financial the same news; but Abbott took the news" for the space of thirty minutes news from the plaintiff's manifold slips, after its receipt by the Associated Press or the tape of the Gold and Stock Tele- in this city. On the 10th of January, graph Company. 1872, the Gold and Stock Telegraph Company made a contract with the plaintiff by which they gave to him the exclusive use of all "foreign financial news" received from the Associated Press, for Three questions are to be decided; first, the space of fifteen minutes after its rehad the plaintiff any rights of property to ceipt by them. The manner in which the foreign news furnished him by the this business is conducted is as follows: Associated Press, and transmitted by Any news collected by the agents of the him to his customers; second, had the Associated Press abroad is telegraphed defendant made use of the news by by cable to the Associated Press, the transmitting it over its wires to its cus- message being in cypher. The message tomers; and, third, if the plaintiff had a is then translated by an employee of the right of property in the news received by Associated Press, and such part as comes him from the Associated Press, did he under the head of financial news is abandon such right when he transmitted handed over to the Gold and Stock Telesuch news to his customers? The Asso- graph Company, which sends it at once by ciated Press is a corporotion which has a Morse wire to the office cf Mr. Kierfor its business the collection of news nan; it is then sent back by Mr. Kiernan in all parts of the world by its agents, to the Gold and Stock Telegraph Comand which is transmitted to the city of pany, with instruction to transmit it to New York for the use of its members. his subscribers, which is immediately Among the many classes of intelligence done. The messages thus sent are rethus transmitted from Europe is what is ceived by Mr. Kiernan's subscribers in called "foreign financial news," consist- from one to three minutes after their reing of the quotations of consols, rentes, U.ceipt by the Gold and Stock Quotation The bill was for an injunction to restrain the Manhattan Quotation Company from such a use of this news. Opinion by Van Brunt, J. pendent by, and utilizing as he may see fit, these same materials. Applying the principle to the case of the Associated Press, it has a right of property in all news transmitted to it by its agents, until it abandons the right by publication. The agents of the Associated Press Company from the Associated Press. If other person, as the result of his own efthe Associated Press has any rights of fort and diligence, from collecting indeproperty in the news transmitted to it by telegraph by its agents abroad, then already the plaintiff has succeeded to such rights as far as relates to "foreign financial news," for the space of at least fifteen minute after its receipt from the Associated Press by the Gold and Stock Telegraph Company. It is claimed by the abroad, it is true, only do that which. defendants that no such rights of pro- any other person could do if they felt so perty exists in news, upon the ground disposed; but the collection of news being that before this intelligence was gathered the result of their own labor, and its together by the agents of the Associated value as news being impressed upon it by Press in Europe, it was public property, the fact of such collection, and by the and open to all the world, and that it fact of its being telegraphed by cable at was not made the exclusive property of great expense, clearly bring such disthe Associated Press because it had been patches within the principle of the cases collected and telegraphed to them by its cited. To say that the Associated Press agents; that before it was gathered the could not restrain the publication of its first comer had a right to have this news dispatches by any person who should and publish it. It may be perfectly true surreptitiously obtain them, would be to that no person could be restrained from the publication of the news in Europe; but it is difficult to see how such a right can be extended so far as to authorize the publication of news which has been collected by the agents of the Associated Press, and telegraphed to them with great expense. It would be an atrocious doctrine to hold that dispatches, the result of the diligence and expenditure of one man, could, with impunity, be pilfered and published by another. It is undoubtedly true that in respect to news, its publication cannot be interfered with where the party procures the intelligence by the diligence of his own agents, but if he seeks to profit by the superior diligence of his rivals, it is unjust that he should be allowed to do so until the right of property has been abandoned by pub-ing any use of them they wish. But this lication. It has been held that the mere fact that a certain class of information is open to all that seek it, is no answer to a claim to a right of property in such information made by a person who, at his own expense, and by his own labor, has collected it. **** This right of property, however, does not preclude an hold that no private individual could prevent the publication of his own dispatches, if they happen to relate to public events. It seems to be clear, therefore, that there is a right of property, which will be protected by the Courts, in the news collected by the Associated Press abroad and telegraphed to it by its agents, so long as that right is not abandoned by publication; and as Kiernan has succeeded to the rights of the Associated Press, as far as relates to "foreign financial news," he is entitled to protection in the use of that news, unless he abandons it by publication. It was claimed on the trial that, as Mr. Kiernan placed his instruments in his customers' offices without restricting their use, he cannot restrain their mak proposition cannot be sustained, because, though there may not have been any distinct restriction by Mr. Kiernan upon the customers' use of the information conveyed to him, it is evident that the customer must have understood, from the very nature of the transaction, that he had no right to use or publish the said information, except in connection with. The challenge to the array of the spehis own business. . . . It would there- cial or struck jury which has been sumfore seem that the transmission by Mr. moned for this trial presents two quesKiernan of his "foreign financial news" tions, which are: First-Has the jury to his customers was but a qualified pub-| been selected by the elisors from a proper lication, which did not forfeit his right list of jurors filed in the Clerk's office? of property therein. The plaintiff is, and, second, what is the effect upon the therefore, entitled to judgment, restrain- entire panel of placing upon the list of ing the defendant from the publication jurors certified by the elisors to have been of the foreign financial reports of the selected, the name of an individual plaintiff. (George W. Southwick) which does not appear upon the list of names from which the selection should have been made, and which both the traverse of the challenge and the evidence of the elisors show was never selected by them? Each of them will be noticed in the order stated. RESCISSION. SUPREME COURT OF PENNSYLVANIA. Decided October 11, 1875. Laches. Preliminarily to the examination of the Error to Common Pleas of Allegheny specific objections, it is important to no County. A. agreed to deliver to defendant a certain quantity of oil every month, but failed to make his September delivery, and on tendering his October delivery, defendant notified him that he had rescinded the contract. tice a consideration which is necessary to be remembered in passing upon each, and that is the object of the statute which makes a special or struck jury. It was passed to give parties in a difficult and extraordinary case a jury of more than usual intelligence and integrity, or, to Held, That the delay in giving notice use the language of the statute itself diof the rescinding of the contract was un-recting the Clerk of the County or the reasonable, and therefore of no avail. Opinion by Williams, J. elisors as to its selection, as "most indifferent between the parties and best qualified to try such cause." The mode of obtaining such a jury is clearly pointed out by statute, and as it is a special proceeding designed for a particular purpose, and out of the ordinary course of procedure, the mode of obtaining it which the statute points out must be pursued. In the case of an ordinary jury, when the sole object is to obtain a competent jury, so long as there is one competent obtained, minor non-compliance with statutes may be overlooked, but when the object is the procuration of one "most indifferent between the parties, and best qualified to try such cause," and the way of its obtainment is presented, it necessarily follows that that way must be mandatory, and it is to be rigidly pursued. First, has the jury been selected by the elisors from a proper list of jurors filed in the Clerk's office? persons, and their names shall be deposited in the box as jurors for the residue of the year that the other jurors are to serve.” From the vast and fluctuating population of the city a perfect list of jurors can never be obtained; nor even, in time for the necessities of Courts, can the judgment of the Commissioner of Jurors upon the whole body of those possibly liable be obtained. Hence, from necessity as well as by statute, he must send lists from time to time, and all those sent up to the time of the selection of the struck jury are those from which the selection is made. As in the case of lists furnished by town officers, they may be incomplete and imperfect, yet they are those from which the selection must be made, and when so made therefrom the mandatory law is obeyed. Now, had the Commissioner of Jurors made and filed such lists when the present selection was made? It is true he had not filed a copy certified to be a copy of lists made out and prepared by him, but if such a certified copy had been filed it would only have been an official notification to the Clerk of the persons he had selected to serve as jurors, and whom the law gave him the right so to select. Now, if instead of telling the Clerk indirectly what jurors he has selected as competent to serve by certifying to a copy of a list which he has prepared and on file in his own office, he tells the Clerk directly who the jurors selected are by simply so declaring, what substantial difference exists? The same result-the selection of jurors competent to serve and the indication thereof to the Clerk-is reached, and the mere form of the communication to that officer, whether indirectly by certifying to a list as a true copy of a list of names selected, or directly by declaring they are the persons chosen, can make no difference. In beginning this discussion we must see what are the provisions of the statute on this subject. "At the time appointed, the Clerk of the county shall attend at his office with the original lists of the jurors, returned to him by the officers of the several towns, who are then liable to serve, and in the presence of the parties, or their counsel, shall proceed to strike a jury as follows: The Clerk shall select from such lists the names of forty-eight persons whom he shall deem most indifferent between the parties, and best qualified to try such cause. They are to be taken from the list of jurors returned to the Clerk by the officers of the several towns. Suppose, if the selection was in the country, that the lists were filed and the names taken from them, would the objection that the lists furnished to the Clerk were imperfect-that the officers had not done their duty-be valid? I think not, because the Clerk has obeyed the statute, and the mere omission of the officers would not invalidate unless corruptly done or working a perceptible prejudice. The officers in making returns scarcely ever do their full auty, and if this argument is to prevail, neither a struck jury, or any other, could be obtained. In applying this statute to New York City we must interpret it, and use its machinery, as modified by legislation applicable to this city in lieu of lists by town officers, filed with the Clerk, from which the selection is made (see chap. 495, Laws of 1847, sec. 3). You have a list of jurors which is to be prepared by the Commissioner of Jurors as soon after the first day of May in each year as the same can be prepared, and when such "list is completed, a certified copy shall be delivered to the County Clerk, who shall prepare the ballots and deposit them in the box in the manner now required by law. The said Commissioner may at As the Clerk of the County had in his any time, in like manner, return the office, when the selection of jurors in this names of any persons omitted in the list, case was made, lists of names whom the if no sufficient cause exists to excuse such | Commissioner of Jurors by official cer |