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performance of a contract where the decree would be office. Indeed insignia of office more befit a rea vain or imperfect one. Tobey v. County of Bristol, publican than a monarchial country, for while in the 3 Story, 800. So a contract to assign an interest in let- latter they represent the majesty of the throne, in the ters patent for an invention will not be specifically en- former they represent the majesty of the people. forced, on bill filed only a short time before the patent These insiguia tend to inspire respect and to gratify expires. Worden v. Graham. Opinion by Schol- sentiment, and it is sentiment, after all, which sways field J.

the world. The flag is the expression of a feeling, an

instinct that is universal. "An army with banners IN THE MATTER OF ROBES.

is described in our most sacred record. What but sentiment has adorned these walls, that our highest

seat of justice might have fit surroundings. If ever a T the convening of the Court of Appeals on Tues

sordid motive has had part in the raising of this buildday last, Mr. David Dudley Field presented the ing, it was nevertheless the sentiment of the people following resolutions of the State Bar Association: which laid the foundation stone and raised the top

Resolved, that the example of the Supreme Court most tower; a feeling that the people's house should of the United States and of other courts in our coun- be worthy of the people; that the place where their try in retaining the use of the black silk robe when in great officers discharge their trusts should be not only session is in accordance with the historical traditions ample and convenient, but commanding in its decoraof our judicial institutions and agreeable to a cultured tions as in its proportions. public taste.

If our highest court of justice is ever to have any inResolred, That their Honors, the Chief Judge and the signia of office, there can be, as I have said, none betAssociate Judges of the Court of Appeals of this state, ter than the robe; none simpler or more graceful and be and are memorialized on the subject, and respect- convenient. It is the easiest to put on and the easiest fully recommended favorably to consider the adop- to lay aside; it requires no other change of dress; it tion by them of similar robes when sitting in banc. is simpler than the uniform which officers of the army

In presenting the resolutions Mr. Field said: The and navy wear; simpler than the costume which soNew York State Bar Association at its annual meet- ciety exacts on many occasions. For these reasons we ing, on the 8th instant, appointed me its committee to ask you to wear it, as befitting your great office and present to you at the opening of your present session consonant with our republican ideas of simplicity and the resolutions of that body, recommending that the dignity. And when in the long years and generations judges of the Court of Appeals, while holding court, that will pass, before this capitol crumbles into dust, as should wear robes of office. The appointment devolves often as the door of this chamber is opened to receive an agreeable duty upon me because it enables me not you and your ancestors, coming in the name of the law, only to serve my brethren but to express my own may all men kuow that you come to render justice views and wishes. Aud in doing so, you will allow me, and judgment, without fear or favor, spurning dictaI am sure, to give some of our

A badge tion, deriding calumuy, and conscious that rectitude of office has been worn by judges the world over. A of purpose is its own reward. custom so general must have a foundation in reason. Tantum a vobis petimus, ut omnia rei publicæ subIt is possible, no doubt, for a rude sort of justice to be sidia, totum statum civitatus, omnem memoriam temdispensed without ceremony or sign of office. We can porum præteritorum, salutem praesentium, spem reliimagine judges at one eud of a table and lawyers at quorum, in vestra potestate, in vestris sententils, * the other, all sitting and covered, debating the cases positam esse defixam putatis." across the table while a promiscuous crowd of suitors Chief Judge Ruger on behalf of the court made reply surges through the room, and it might happen for a as follows: “We are much gratified by the interest while that the guilty would be punished, the innocent which the resolutions presented induces us to believe released and the spoiler deprived of his spoil; but we that the bar of the State feel in the ceremonial and thiuk the scene must end in general confusion and con- dignity to be observed by this court in the performtempt. The simplest rule of ceremony requires judges, ance of its judicial duties. Neither can we omit to counsel and audiences to be uncovered, the judges to express our gratification at the selection of one of sit apart on raised seats, and the counsel to stand while the oldest and most honored members of the legal proaddressing the court or examining witnesses. To this bas fession through whom the Bar Association have combeen lately added that the court and the bar exchange

municated their wishes to us. The resolution presalutations as the judges take their places. Should sented merits and will receive the respectful attention there be any thing more? The answer depends upon of the court, and will be considered with a view of ara consideration of what would be the most be- riving at that result which will be most likely to procoming in the dress, language and demeanor of those mote a diguified and efficient admiuistration of the who participate in the administration of justice. We law." think that some insignia of office would befit the high judicial functions which you exercise, and that none can be found so appropriate as the robe, 80 uuostenta

CORRESPONDENCE. tions, and so conformable to the usage of our forefathers. The robe has been worn by judges from time immemorial. In one of the oldest books of our race the


AGE. hero is made to boast that his “judgment was as a robe and a diadem." The ermine is a synonym in our Editor of the Albany Law Journal : literature for spotless justice. In the Palace of Jus- The State Constitution provides that “no person tice of France and in the Westminster Hall of England shall hold the office of judge or justice of any court, the judicial function has always been performed in longer than until and including the last day of Decemthe judicial robe. In our own country the judges of ber next after he shall be seventy years of age." It is our fathers' times sat in robes. The judges of the Su- made a question of considerable practical importance preme Court of the United States have never entered whether this provision applies to justices of the peace. the chamber where their august functions are per- | The literal import of the language would seem to informed without wearing their robes of office. Mar- clude them, as by the Code of Civil Procedure, they shall, Story and Nelson wore them. The garment is are justices of a court, though not a court of record. no more a badge of monarchia) than of republican And they would probably come within the reason of




the law if it were based upon the assumption of inca. H. R. R. Co., respondent; Horace S. Whiting, appelpacity on account of age.

lant, v. John Edmunds and another, respondent; EleaBut on the other hand, that judges and justices of nor B. King, respondent, v. William MacKellar, appelhigher courts were only contemplated, see 45 N. Y. lant, James H. Cronkhite, respondent, v. Jonas Cronk. 812, wherein Folger, J., in delivering the opining of hite, appellant; Shepard F. Knapp, receiver Bouling the court, said: “It is palpable that the intention of Green Bank, respondent, v. Walter Roche, appellant; the convention was to place this limit of age upon the James N. Paulding, trustee, etc., appellant, v. Chrome comparatively very extended term which they adopted, Steel Co., and others, respondent; Colton W. Bean, reand to guard against the possible evil which the length-spondent, v. Laurent J. Tonnele, appellant; Edson F. ened term had alone suggested as possible; " and 78 N. Emery, respondent, v. George Baltz and another, apY. 403, wherein Church, C. J., said: “The disability | pellants; George C. Genet, appellant, v. City of Brookof age was considered when the question of the extent lyn, respondent.-Judgment affirmed with costsof the term was under consideration, and in fixing William Kelley, appellant, v. Anna C. Devlin, adm'x, long terms for judicial officers, it was deemed wise, and others, respondents; Philip Queenlar, respondent, instead of prohibiting the election of those who were v. Jeremiah P. Russell, impleaded with Vayor, etc., ap. too old to serve the full period, to limit the term in pellant; George L. Whitman et al., respondent, F. Abel such cases to the length of time they could serve." Horton, appellant; Willium H. Vosburgh, respondent, And chapter 86, sections 8 and 9, of the Laws of 1870, v. Lake Shore & Michigan Southern Railway, appelpassed to effectuate said constitutional provision, and lant; George W. Weld and another, respondents, v. requiring the filing of certificates of age, etc., wholly Bernard Reilly, sheriff, etc., appellant; Irving G. Vann, omits justices of the peace.

ex'r, etc., of Henry A. Dilley, appellant, v. Simeon This question may be an open one. There is no au- Rouse and others, respondents; Charles E. Whemple et thoritative decision determining it that I have seen. al., appellants, v. David M. Hildreth, respondent; John

J. B. DALEY. H. Patrick, respondent, v. William F. Shaffer, appelPRATTSVILLE, N. Y., Jan. 10, 1884.

lant; John McMasterson, appellant, v. Caleb E. Whita[See 23 ALB. LAW JOUR., 181. ED.]

ker and another, respondents; Caleb E. Whitaker, respondent, v. Imperial Shirt Manf. Co., appellant; Oliver P. C. Billings, receiver, appellant, v. George C. Rob

inson, respondent; Daniel J. Porter v. Isidor Wormer INJUNCTION IN SUMMARY PROCEEDINGS. and others, respondents; People, ex rel. Thomas Keech,

appellant, v. Iubert 0. Thompson, commissioner, Editor of the Albany Law Journal:

etc., respondent; Bank of California, respondent, In 29 ALBANY LAW JOURNAL, page 6, Mr. Baker

V. William H. Webb and another, appellants. gives a very excellent resumé of cases relating to “In

Appeal from so much of General Term, reversing orjunction in Summary Proceedings.” Digesting cases

der of confirmation and appointing new commissionupon any subject is of little use, unless out of it some ers, dismissed. Order of General Term denying moclear and well defined rule of law can be deduced.

tion of land-owners to dismiss appeal, affirmed. Order In the light of section 2265, Code, will Mr. Baker

of General Term so far as it awards costs to the comanswer this query?

pany, and judgment for such costs, reversed, neither Within well-settled legal principles, will an injunc

party to have costs against the other appcals in this tion be granted to restrain an action in ejectment,

court-In re application of New York, West Shore und when the defendant has a defense, legal or equitable, Buffalo Railway Company, etc., of Walsh; Same v. that he can set up to defeat the action on its merits, on

Chrystie. - Order of judge setting aside verdict at the grounds that he has such defenses? If the answer

Circuit in favor of plaintiff, and judgment of General be " nay,” then in case summary proceedings were Term affirmed with costs-Oliver W. Marvin, appellant, commenced instead of ejectment in a case of landlord

V. Augustus Prentice, respondent. Judgment and and tenant, where such a defense migbt be set up if it

order affirmed with costs Edward L. Bennett, rewere an action of ejectment, will an injunction be

spoldent, v. William Whitney, street commissioner of granted, on the sole grounds that such defense can

Binghamton, appellant. Order reversed, without not be set up under section 2444, Code, in the face of

costs to either party in this court-Eliza C. Hallen. the prohibition of section 2265 ?

beck and another, respondents, v. Bernard Donnell, Again,since by section 2444, the Legislature has seen appellant. — Judgment reversed, new trial granted, fit to limit the defenses in summary proceedings, does costs to abide the event, unless defendants Chester S. that clothe the courts with jurisdiction to disregard

and Mary A. Bates stipulate to allow judgment in the prohibition of section 2265 on account of the infirmity of the defendant?

favor of plaintiff herein, as ordered by the court at Jessuram v. Mackie, 61 How. Pr. 261; 1 Hun, 716; 20

Special Term, modified so as to reduce the recovery id. 313; Sherman v. Wright, 49 N. Y. 227 ; Suvage v. for principal to $3,803.23, with interest thereon at the Allen, 54 id. 458; Hoppough v. Struble, 60 id. 430.

rate of seven per cent per annum from May 10, 1880, to I fail to find in the opinion of Judge Allen in 49 N. May 10, 1881, and at six per cent thereafter, and in case Y. 227, the last conclusion given by Mr, Baker.

such stipulation be given, the judgment as thus modi. Respectfully,

fied affirmed, without costs of the appeal to either

E. D. N. ELLICOTTVILLE, N. Y., Jan. 7, 1884.

party-Nathaniel U. Bennett, appellant, v. Mary 4. Bates and another, impleaded, respondents.-Judg. ment of General Term reversed, report of referee

affirmed with costs — Pascal P. Pratt and another, COURT OF APPEALS DECISIONS.

survivors, etc., respondents, v. Wm. A. Stevens and

others, appellants. Judgment affirmed with costs, HE following decisions were handed down Tues- without any prejudice to such relief as the plaintiff's day, January 15, 1883.

may upon sale be entitled to have in this action Judgment reversed, new trial granted, costs to abide against him-John B. Cornell and ano., appellants, t. the event-Henry M. Isaacson, appellant, v. N.Y. C. & Ashbel H. Barney and ors., respondents.



not elevate the individual, but it would elevate the The Albany Law Journal.

popular idea of law aud of the court. Else why have

any forms at all? Why have a formal proclamation ALBANY, JANUARY 26, 1884. on opening court, for example? The argument that

judges should not wear gowns because some judges CURRENT TOPICS.

are notoriously unlearned, weak or corrupt, is cer

tainly very irrelevant and inconclusive. That is a UR neighbors of the American Laro Review and good argument for putting better men on the bench, gowns for judges. And yet our good friends, who judges. It would not hurt our western communities cannot be any thing less than "colonels" or " ma- if their courts were beld in higher respect. We jors "in their own country - we beg pardon if we

should then hear less of lynch law. Better have have not put them high enough - would scorn to judges in gowns than lynchers in masks. Still it be seen on State occasions without their regimentals

. is true, as the court observe in Dyett v. Pendleton, Why this distinction? The Review says, in its 8 Cow. 737—(as a correspondent points out to us)—

Notes, " — which, by the way, are the most readable that “judicial robes can never inspire confidence law journalism that comes to us — that “the proposal if the sense of right and wrong is not manifested.” that the judges should wear gowns in order to put them in harmony with their surroundings will probably not be adopted. If judges were appointed to

They are also afraid of gowns in Italy. A judghold their office during good behavior, as thejudges ment has been given in an interesting case before of the Federal courts, the suggestion would not be the Court of Appeal at Turin. Miss Lydia Poet, inappropriate. But there is something so entirely who has obtained a doctor's degree in law, was reout of keeping between a gowned judge, nominated fused admittance to the roll of advocates for reasons to his office by a political caucus, and elected by a among which are the following: – “The Italian party vote, and the process by which he arrived at law has made no disposition expressly consenting to his dignity, that the very suggestion moves laughter. the exercise of the profession of advocate by women, With what utter contempt would Boss Kelly look and it has always regarded that profession as exclu

upon a bench of elective judges robed in gowns!” sively pertaining to men. The admission of women We think just the other way. We think that gowns would be extraordinary and contrary to custom, and I would lead such men to took upon courts with less is besides expressly forbidden by an article of

familiarity and contempt. The Journal says: “We common law (article quoted.) It woulá be an unask (purely for information) will the putting of pleasing sight to see a woman pleading amid the judges into gowns make them abler, more learned, tumult of a public court, and sometimes obliged to and more honest?" Assuredly not, but it will make treat ex professo questions that common decency forthem more respected by the mass of mankind, who bids even men to discuss in the presence of honest! view forms with awe.

But the Journal continues: women. The sight of the toga worn over the strange **If the judge be one whose character and personal and whimsical dress which fashion often imposes qualities do not demand such reverence, no solemn, upon women would imperil the gravity of the black robes, no horse-hair wig, no ermine, and no judges. Every time the balance of justice leaned fines for manifesting that want of respect which is to the side of a prisoner defended by a pretty female produced by the conduct and character of the advocate the judges would be exposed to suspicion oficial, will ever compel respect for the office, and calumny." The Court of Appeal also held that or seat he occupies. We may regret that our people that was neither the time nor the place to discuss are so constituted, but such is the fact. This con- the equality of women and their right to exercise dition of things cannot be improved by adopting all professions and offices hitherto occupied excluforeign customs. Our people have an innate abhor- sively by men. It is said that a lady recently asked rence of show and shams. Pomp and parade in one of our judges if they were going to put on courts, and elsewhere, would create a ripple of gowns. He said yes. “But when?" " At night," curiosity and attract crowds for a few days. It was the reply. would not tend to increase the proper respect for our courts of justice in their present condition, when The intelligence of the death of Mr. John William the judicial bench is, in many cases, occupied by Wallace, of Philadelphia, will be received with men notoriously unfit for their position, rendering regret. Mr. Wallace was well known to the profestheir courts places wherein not justice, but injus- sion as the former reporter of the United States tice, is judicially administered. We cannot see that Supreme Court, twenty-three volumes of which rethe adoption of the gown, as a judicial robe, will ports, commencing in 1864, he edited. He was also remedy this evil. Such a dress might flatter the the author of that delightful and instructive work, vanity or increase the self-conceit of a shallow-" The Reporters.” He also edited six volumes of pated occupant of the judge's chair, but it will add “British Crown Cases Reserved.” Mr. Wallace was nothing to the respect which his decision will com- born in Philadelphia, February 17, 1815. His father mand." The error that the Journal falls into is in was John Bradford Wallace, who was a distintreating the matter as personal. The gown might I guished legal contemporary of Binney, Sergeant and

VOL. 29 -- No. 4.


Chauncey, and his mother was a sister of the eldest the case of Hallenbeck v. Danell, the Court of ApHorace Binney. Mr. Wallace was graduated by the peals yesterday handed down a decision reversing University of Pennsylvania in 1833, and was admit- an order appointing a receiver upon those grounds, ted to the bar October 27, 1836.

and sustaining and approving the position of Mr. Leavitt. I have not yet seen the opinion, but the order must, I apprehend, have been reversed upon

the ground that the court had no power to appoint That was a very clever hit of the Canada Legal a receiver. I was counsel for the appellant in the News concerning the alarm felt by the English I am under much obligation to your valuable bench at the innovations imported from this country JOURNAL for the article named, for therein I first and proposed by the Lord Chief Justice. The News got the idea on which I took my appeal.” And a says: “ His brother judges even seem to have gentleman writes us from Honolulu: “I like the caught the alarm, and they hold out sturdily against JOURNAL very much. It is a weekly comforter to any hint of innovation, for we read that at a meet- me in this place, where I miss some home legal ing of the English judges, held at the Royal Courts privileges. For two years past I have been second of Justice on Tuesday, December 11, “the proposal associate justice of the Supreme Court of the islands, of Lord Chief Justice Coleridge, that the courts and in several cases I have found the JOURNAL very should either sit half an hour earlier in the morning useful to I have usually approved your or the same time later in the afternoon, was voted personality in it. Trusting you may long remain its down by a large majority.'”

editor,” etc.


The annual address by the president of the In England the last year seems to have been

Illinois State Bar Association, delivered on the 3d prolific in legal literature. The London Law Journal inst., by Mr. William L. Gross, is a very pleasant and says: “In the past year 139 new books and 84 new

graceful production. Mr. Gross deplores the reeditions are attributed to “law jurisprudence, etc,? luctance of lawyers to associate with their brethren; as against 52 and 23 respectively in the year before. this is the text of his discourse. He says, of the In other words, more than three times the law books lawyer's tendency to withdraw into himself: "This were published in 1883 than in 1882, an increase tendency, of which we are speaking, is manifested unequaled in any other class of literature. Probably differently in different individuals. Sometimes the term “law jurisprudence, etc,' has been more shelter is taken behind the lawyers' books and liberally construed in 1883 than in 1882, as we find briefs, and there is little or no disposition to cultithat only 144 new books and editions were reviewed

vate the graces and amenities of social life. To in these columns last year, as against 121 the year such a man his books become his constant companbefore, the latter number being 46 more books than ions and friends, and he soon learns to turn to were attributed to law jurisprudence, etc,' in that them with the eagerness and confidence of a lover year, while last year the number reviewed is less by to his mistress. In imagination he feels himself 84. Still there has, no doubt, been a considerable surrounded by the noble minds that have honored development. There may be other causes for it,

and adorned our profession; and if at times he feels such as the enterprise of new publishers until kindling within him the fires of an ambition that recently unknown to the precincts of Chancery would lead him to emulate their virtues and win Lape; but the main cause is that the junior bar the imperishable renown which is theirs, while the have largely taken to book-writing as a resource. thought may ennoble and purify his spirit, its outAn increase in legal literature is a clear sign of a ward manifestation would be a still greater shrinkdecrease in legal business." We believe that the ing from intercourse with the living, and he would year was unusually productive of legal literature in become a social recluse. That man would feel betthis country also, and perhaps from the same cause. ter acquainted with Marshall, Kent, Story and In the last two volumes of this journal we find 70 Walworth than with the justices of the Supreme notices of new text-books.

Court of his own State; and he would find keener enjoyment in contemplating a dead Wirt, Webster and Choate, than in listening to the impassioned

eloquence of a living Storrs, Ingersoll or Weldon." A correspondent writes us: “In the ALBANY

“In the ALBANY Mr. Gross regrets this, but we can hardly think it Law JOURNAL of April 8, 1882, you published an strange that a reflective lawyer should prefer to rearticle written by John Brooks Leavitt, in which he sort to Webster and Choate than to the greatest of contends that there is not under the provisions of our living advocates, for they were models for all the Code of Civil Procedure any power in the Su- time; and so the study of Marshall, Kent and preme Court to appoint receivers of rents and profits Story may instruct smaller men how to be good in mortgage foreclosure proceedings for inadequacy judges and commentators. – Mr. Gross says there of the security and insolvency of the mortgagor. In are 5,000 lawyers in Illinois.



certainty what the word is, we might feel justified

in supplying it by construction. But we are not N Rawson v. Spangler, Supreme Court of Iowa, able to discover with any certainty what word was

intended. We know of no rule which would justify that a wife, deserted by her husband, without her us in holding that the word omitted is the word of fault, and left with no means of providing for her the broadest signification which could be properly family of five young children, except a very limited used in connection with the other words. We amount of money, clothing and food, has implied cannot say why we should supply the word "crops' authority to sell the personal property of her hus- rather than hay or corn or something else. In our band, to obtain money to meet her necessities, opinion the description is fatally defective.” although they are not then in actual suffering. The court said: “Now, while it does not appear that

But in Baird v. Boucher, 60 Miss. 326, it was held all the food above-mentioned had been consumed

that in a will which disposes of the testator's real at the time of the sale of the property, and it does not appear that the children were suffering for clothing, by clerical error, in the clause: “I now will and

and personal property, the use of the word “rent," the stock of food and clothing appears to have been bequeath to my loving wife

* *

all my rent small; and if Mrs. Perkins had no way of providing and personal property,” will not be allowed to alter for her family -- as we think the evidence shows

the whole instrument which demonstrates that but by resorting to a sale, she was not, we think,

“real” was intended. The court simply remarked: so far as the question of need and destitution were

Noscitur a sociis.Which shows the advantage concerned, bound to wait until the destitution had

of being in good company. become complete. If she was to sell at all, it was proper for her to avail herself of the opportunity to sell when it was offered. One fact not found by the

In Hoban v. Piquette, Michigan Supreme Court, court was proven by undisputed evidence, and that

December 21, 1883, 18 N. W. Rep. 797, we find is, that the cow was vicious; that Mrs. Perkins some amusing reading on the subject of the testawas unable to milk her, and regarded her as danger-mentary capacity of Miss Campau. Judge Cooley ous to the children. We come then to the legal writes a very interesting opinion, in the course of question whether — the circumstances being such

which he says: “There is no rule of law which as above set forth — Mrs. Perkins could be deemed prescribes average capacity for a testamentary act; to have authority to sell. The wife's implied agency

if there were it would disable a large portion of to act for her husband differs under different cir- every community -- perhaps one-half of it.” He cumstances. She may ordinarily contract for do

continues : “A woman even though wealthy may mestic supplies, and if abandoned by her husband

wear a cheap garment in the privacy of her own without her fault, she may always pledge his credit

home if she pleases, and she is not to be judged as for necessaries. If left by him in the management

to 'sound senses' on two casual views of her face, of his business, she may make the contracts reason

even though she does, when some great calamity is ably incident to its management. In the case at impending, like that of the death of an only sister, bar, the wife was left by the husband to provide seat herself upon the stairs with her face to the for the family as best she could out of such means

wall. Some of the evidence it is difficult to treat of support as they had. One of the means of sup

with seriousness; and one might suppose that the port was the cow, which was not useful to her be

circuit judge, fatigued with the long trial, admitted cause she was vicious. We think it clear that under

it from a sense of humor, and by way of recreation the circumstances she had implied authority to sell

and relief. This is particularly the case with the her." The Central Law Journal pronounces this

evidence of Mr. Larned, who at the ripe age of decision “ entirely novel.”

sixty-two gives to court and jury the sage criticisms he mentally made of the powers and capacities of

his elders at that period of life when others of In Clay v. Currier, Iowa Supreme Court, Decem-corresponding age would be just entering upon ber 14, 1883, 17 N. W. Rep. 758, there was easy lessons in reading and spelling. If Miss curious question of the power of the court to supply Campau could be supposed to have known that she an omission of a word in a chattel mortgage. The

was being made the subject of such profound judgcourt said: “The mortgage under which the ments by youthful critics on the one side and such plaintiff claims is defective in the description. It summary judgments by strange nurses on the other, is in the words: ‘All the cut and growing and her shyness, and hanging down of the head, and having grown on the W. f of the N. E. Xi' etc. The | avoidance of human society would not seem so plaintiff contends that while the description is not | mysterious or so unreasonable as it appears to conprecisely as it should be, it is not unintelligible, testants now.” "Possibly the jury might not have nor when properly construed uncertain, but that it been so strongly impressed as the witness was with means all the crops cut, growing and grown on the the evidence of a clouded' or 'infirm’ intellect land. It is evident enough, upon looking at the afforded by the want of interest of a young woman description, that a word of some kind was omitted of sixteen or eighteen in the play of boys of six or by mistake. If we could discover with reasonable

Some of the evidence of incapacity is



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