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bate Court, charging the administrator with the property: Cross v. Brown, 50 or 51 N. H.

EVIDENCE. Monuments of land boundaries.Monuments must control courses and distances, even if it cause a wide departure from them: Coburn v. Coxeter, 50 or 51 N. H.

If in any case the course and distance can be allowed to coutrol the monuments, it can only be when from the terms of the deed the intention is manifested so strongly, as to indicate a mis take in the description of the monument: Id.

When the termination of one line is indicated only by the course named in the deed, but the termination of the next line is an as certained monument at a given distance and course from the termination of the preceding line, the precise location of the latter may be determined by reversing the course of the succeeding line, and measuring back the distance called for: ld.

A conveyance of a strip of land itself, in explicit terms, with a restriction that it shall be used only for a road, is nevertheless a grant of the fee, and not of a mere easement: Id.

HUSBAND AND WIFE, In New Hampshire, a divorce a vinculo bars dower: Glea son V. Emerson, 50 or 51 N. H.


Proofs of Loss-Waiver of Defects in Form of.- Where the insured, within the time limited, furnished the agent of the insurer with the preliminary proofs of the loss, and they were received without objection to their sufficiency and objection to the payment of the loss afterward were put upon other grounds, held, that the defects in the proofs must be regarded as waived: Tay. lor v. Roger Williams Ins. Co., 50 or 51 N. H.

Held, also, that the waiver would extend to the case, where instead of the certificate of the nearest magistrate, as the rules required, a certificate of a reputable citizen not a magistrate was received and assented to by the agent of the insurer as sufficient: Id.

The instructions to the jury that if the assent to this certificate was procured by the false representations of the insured, it would be of no avail, were correct: Id.

The opinion of a witness, not an expert, as to the value of a stock of goods in a store, is not admissible; and whether he is an expert or not, is a question of fact for the judge who tries the cause, and not subject to revision: Id.

RAILROADS. General Laws Respecting.—The general railroad laws of this State are to be construed harmoniously as respects their various

provisions, and strictly as to the rights of the parties: Matter of the New York and Boston Railroad Company, 62 Barb.

By conforming to the provisions of those laws, corporations may acquire a title in fee to lands necessary for their purposes against the will of the owners. But corporations must conform to such provisions before they can acquire any title or rigbts thereto: Id.

A fair construction of those laws will require a chronological fulfillment of their provisions: Id.

Notice to Occupants of Filing Jap and Profile. The right to the written notice required by the act of the legislature of 1871 to to be given the actual occupants of the land over which the route of a proposed railroad is designated on the map and profile filed, of the time and place such map and profile were filed, and that the route thereby designated passes over the lands of such occupants, is a ight given to each owner by the statute, and it is not for a corporation or court to deprive him of it: Id.

If the occupant does not take the necessary steps within fifteen days to secure a review or alteration of the route, the route may be considered settled, and his right thereafter to object to its location as lost: Id.

Consequences of Omitting to take the Necessary Steps.—If a railroad company fails to comply with the necessary prerequisites for obtaining the apppointment of commissioners of appraisal, it does not secure the right to have the property condemned against the opposition of its owner: Id.

Liability to an Employee for displacement of a Switch.-A railroad company is not liable to a fireman in its employ for an injury occasioned by the misplacement of a switch, in consequence of which misplacement the locomotive runs off the track, instead of running upon another track, where such misplacement is not traced to the company, or either of its employees: Tinney, adm’x v. Boston and Albany Railroad Co., 62 Barb.

There is no rule in this State, holding that a railroad company is bound to furnish a safe road-bed, or, in default thereof, that it is liable to one of its employees, occasioned by such default: Id.

STAMP. Stamp affired by Collector after making of Note.--A promissory note to which the stamp required by law has been affixed by the collector of the revenue of the proper district, subsequent to the time of making or issuing such note, is as valid to all intents and purposes as if stamped when the note was made or issued; and consequently is admissible, as evidence of the existence of the debt represented thereby: Aldrich v. Hagan, 50 N. H.


Selectmenno authority to borrow money.-In New Hamp sbire, selectmen have not authority, ex officio, without a vote of

the town, to borrow money upon the credit of the town: Rich v. Errol 50 or 51 N. H.

The bona fide holder of a note given by selectmen in the name of the town cannot recover against the town by proving merely that the note was given for money which the selectmen professed to borrow for the use of the town. He must further show, either that the borrowing was authorized by a vote of the town, or that the money loaned came to the use of the town: Id.


Action by Riparian Owner.-—The owner of the soil in flat lands adjoining the shore of a navigable stream, over which the tide ebbs and fows, may maintain an action of trespass against one who, without his consent, enters upon and uses the same for fishing purposes, driving stakes therein, and mooring bis boats there, and occupying the soil in drawing in seines and nets, so as to interfere with the right of the plaintiff therein: Whittaker v Burham, 62 Barb.

VENDOR AND PURCHASER. Where vendors refuse to deliver to the purchasers the property sold, and sell the same to other persons, this renders it unnecessary for the purchasers to offer to pay the unpaid portion of the purchase price, before suing for damages : Hawley et al. v. Keeler et al., 62 Barb.

Delivery of Goods.-In an action to recover the price of goods sold and delivered on credit, there was no evidence to show any agreement about the delivery of the property by the vendor for the purchaser, or as to the manner in which, or the time when it was to be made; or that the purchaser ever received the goods; or that he knew that they had been, or were to be, delivered to a railroad company for him. Held that in the absence of some order or agreement on the part of the purchaser, to have the property sent to him by railroad, or of some evidence in regard to usage or the course of trade, from which an agreement to have it so sent might be inferred, a delivery to the railroad company was no delivery to the purchaser: Everett et al v. Parks, 62 Barb.

Where the complaint is for goods sold and delivered, without proof of delivery, the cause of action stated in the complaint,. and upon which issue is taken, is not made out. If the defend. ant does not appear on the trial, and therefore waives nothing, and There is no evidence in respect to a delivery, a judgment in favor of the plaintiff should be reversed for that reason: Id.

Fraudh-Duty of Vendor.-If a seller knows of a defect in his property which the buyer does not know, and if he had known would not have bought the goods, and the seller is merely silent, his silence, although a moral, is not a legal fraud: Howell v. Biddlecum, 62 Barb.

The common law does not oblige a seller to disclose all that he

knows which lessens the value of the property that he would sell. He may be silent, leaving the purchaser to inquire and examine for himself, or to require a warranty. But if, by acts or words, he leads the buyer astray, inducing him to suppose that he buys with warranty, or otherwise preventing his examination or inquiry, this becomes a fraud of which the law will take Ognizance: Id.

Where, upon the purchase of a horse by the plaintiff of the defendant, the former did not trust to the assertions of the latter, but took a man of skill with him to examine the horse, and it was, after such examination, and after the defects known to the seller had been disclosed, that the sale was consummated, Held : that under these circumstances the purchaser had no remedy for alleged fraud upon the sale: Id.


A TREATISE ON THE LAW OF MUNICIPAL CORPORATIONS. By John F. Dillon, LL. D., Circuit Judge of the United States for the Eighth Judicial Circuit, Professor of Law in the University of Iowa, and late one of the Justices of the Snpreme Court of Iowa. Chicago: James Cockcroft & Company. 1872.

The City of London," says Lord Campbell, “ had hitherto been a sort of free republic in a despotic kingdom, and its privileges had been respected in times of general oppression.” What was true of London in the time of Henry III. is still so far true of cities in this remote time and country that they are a sort of free republics,” though whether their privileges are respected, in any proper sense, in this day of legislative commissions, is much more questionable. The English municipal corporation, with privileges derived from ancient charters, and still more from usage and prescription, is the parent of our system of municipal corporations in this country, but a brief glance at Judge Dillon's book forcibly reminds us of the wonderful dissimilarity to which the children have grown.

We have here a good book apon an important subject, and in. deed we may say a good book on a new subject, for any one who reads a few chapters as for example chapter XIX. on Municipal Taxation and Local Assessments, or chapter XXIII, on Civil A.ctions and Liabilities will speedily perceive that the identity of English and American municipal corporations terminates with the name.

One entire branch of the law treated by Judge Dillon is not only now but of the utmost importance—the law governing municipal bonds and securities, in the chapters on Contracts and Mandamus. We suppose it is not too much to say that hundreds of millions of dollars are now invested in the bonds of American cities alone, and it is the peculiar good fortune of Judge Dillon to have been a member of the bar and bench of a State in which the entire subject has been for some years past most strenuously contested, and thus following the contest from year to year as it grew in importance and earnestness, he has come to the treatment of this topic with the strength of a well trained lawyer in a field familiar to him from corner to corner. The reader will find here the exact state of the law on the subject accurately defined and illustrated by the adjudications and the constitutional and statutory provis ions. This part of the book, in addition to its general merits, will give it importance and circulation, not only in this country, bnt in England; certainly the foreign capitalist who looks at investments in this country, can nowhere else find so full or so correct & statement of the law on this most important subject.

The profession will find this a text book, not a mere digest. In the smooth-flowing text of a moderate volume of 700 pages areem. bodied the results of careful and laborious examination of all the American cases, and all the highest English authorities on the subject. How careful and how laborious his examination bas been, our readers who are familiar with the author's style of work in these pages will not need to be told. The results appear in the text; the process by which they are reached is shown in the notes, in which are contained references to and quotations from more than four thousand cases. We have examined the list of cases cited with special reference to those of Pennsylvania, with which we are necessarily most familiar, and we noted no important omissions, and were gratified to find that the author, unlike most textbook writers, has not been content with the United States Digest, but has extended his researches to the original books, coming down as late as 66 Penn., which was not published until the beginning of the present year. In a profession so appreciative of hard work this laborious care will not fail of its merited reward.

J. T. M.


BIGELOW-A Treatise on the Law of Estoppel and its Application in Prag tice, as determined by the best authority. By MELVILLE M. BIGELOW, Boston: Little, rown & Co., $7.50.

Bond.-Reports of Cases Decided in the Circuit and District Courts of the

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