Common Carrier—Liability for Baggage Lost by Passenger-Duty of Carrier.-A railroad company is not responsible for the loss of a parcel of valuables, carried in the hand of a passenger, falling out of an open window without any fault of the servants of the company, although upon notice and demand they refused to stop the train to permit the recovery of the lost articles until it arrived at the next usual and advertised station. Henderson v. Louisville, etc., R. Co. U. S. C. C., E. D. La., April 9, 1884. C. L. J., May 2, '84.

Deed-Agreement to Withhold from Record-Effect-Statutory Time for Recording Deeds-Intermediate Creditors, Purchasers, etc.-Transfer of Husband's Interest by Curtesy.-It does not invalidate a deed or make it an escrow because when delivered to the grantee it was agreed that it soould be withheld from record for a definite time. Such a promise to withhold a deed from record does not affect the validity of the deed between the parties, and recording it against the agreement does not invalidate it. Sections 446 and 447, Revised Statntes of the District of Columbia, which allowed six monts for recording a deed, and declared them valid for that time against all persons, applies to deeds of trust in which the grantor parts with all his interest in the property conveyed, and the exception of deeds of trust and mortgages is limited to deeds of trust, which, like mortgages, are made as security for the payment of debts in the performance of other obligations. The act of April 29, 1879, respecting these sections, and requiring all conveyances of real estate to be recorded before they are valid as against creditors and subsequent purchasers without notice, does not make judgments rendered prior to that date liens upon real estate of the debtor conveyed for value, and not recorded at the date of that repeal. A husband may convey to trustees for the benefit of his wife his right in her lands as tenant by the curtesy, and if such conveyance is made for a valuabie consideration, and there is no actual fraud, it will be good against eyerybody if duly recorded. Hitz v. The National Metropolitan Bank. U. S. Sup. Ct. Wash. Law Rep., April 12. 1884.

Effect of Will as to After Acquired Lands and Personalty.-At common law, a will would not pass lands acquired by a testator subsequent to the date of his will. By statute, lands acquired by a testator after the date of his will, will pass by his will, provided it contains words sufficient to pass them had he owned them when he made his will. But after acquired lands will not pass under a will which declares that the estate given by it consists of personalty only. Executor of Gardner v. Gardner. N. J. Ct. of Ch., 29 Alb. L. J., 190.

Evidence-As Bearing on Question of Negligence in Constructing Coal Bins Near Railroad Track.—While it is true that if all railroad companies should concur in constructing their works in a manner unnecessarily dangerous it would not justify any one of them in so doing, yet the fact that all companies construct their works in a given way, or the fact that any given mode of construction is in general use, or is the usual mode, is a matter proper to be considered by the jury in forming a judgment as to whether the mode adopted is in truth unnecessarily dangerous.

Highway-Defective Bridge-Contributory Negligence.-The fact that a person traveling along the highway knows that a bridge thereon is in a bad and unsafe condition does not, as matter of law, prevent his recovery for an injury sustained thereby in passing over it. He is concluded, however, if the bridge be wholly impassable. 13 Pick. 94; 12 Cush. 492: 8 Met. 392; 2 N. H. 394; 36 Vt. 581, cited. Commissioners v. Burgess. Sup. Ct., Md. 17 Rep. 244.

Mortgage Assumption to pay inserted in Deed of Conveyance by mistake. Where. in a recorded deed of land subject to a mortgage, an agreement of the grantee to assume and pay it is inserted by mistake of the scrivener and against the intention of the parties, and on the discovery of the mistake the grantor releases the grantee from all liability under the agreement, a court of equity will not enforce the agreement. at the suit of one who, in ignorance of the agreement, and before the execution of the release, purchases the notes secured by the mortgage, although the grantee, after the deed of conveyance to him, paid interest accruing on the notes. Drury v. Hayden. U. S. Sup. Ct. Chic. L. N., May 2, '84.

Negligence of Locomotive Engineer-Damages for, as counter-claim in Suit for Wages.-Held, this court cannot say that plaintiff had sufficient time after receiving the time-table to master its contents and learn accurately the movements of his train. If defendant company did not furnish the new time-table to plaintiff long enough before the time for starting his train, to enable him to master its contents and he should not understand it fully, if he made a reasonable effort to understand it, this consideration held sufficient to send the question of his negligence to the jury. The fact that plaintiff, just before the accident, had been subjected to severe and protracted service for the company, is also for the consideration of the jury as bearing upon the question of his negligence. Testimony that plaintiff was not feeling well on the night of the accident and asked to be relieved but was refused, was erroneously rejected. The question of plaintiff's negligence was properly submitted to the jury. Nelson v. Ch., M. & St. P. R. R. Co. Sup. Ct. Wis., April 9, '84. Chic. L. N., May 3, '84.

Resident of County-Intention.-Where a person, having a legal residence in one county, goes into another, and sets up housekeeping with his family, with the intention of remaining there until he completes a certain job of work, he certainly becomes an "actual" resident of the latter county. Bradley v. Fraser, 54 Iowa, 289, S. C. 6 N. W. Rep. 293, distinguished. Rehearing denied. Fitzgerald v. Arel. S. C. Ia., 18 N. W. Rep. 713.

Tenant in Common—Purchasing Outstanding Title-Taxes.—One temant in common can not strengthen his own position or obtain an advantage over his co-tenants by purchasing an adverse outstanding title in his own name. So, the payment of taxes by one inures to the benefit of all. hicago Park Commissioners v. Coleman. Ill. Sup. Ct., February, 1884.

RECESS OF THE SUPREME COURT COMMISSION.

The Supreme Court Commission on Wednesday last took a recess to May 26th.

THE BANKRUPT BILL.

The following synopsis of the new bankrupt bill passed by the United States Senate, makes the provisions of the same sufficiently plain to the understanding of the general reader:

"The bill constitutes the several District Courts of the United States and Territories and Supreme Court of the District of Columbia courts of bankruptcy, with jurisdiction of all questions of claims, assets, exemptions, composition and discharge. For the purpose of bankruptcy, courts shall be always open, as well in vacation as in term time, and when the district judge, from any cause, is unable to act, a circuit judge may do so. On application of any party interested the district judge may certify the question of law involved to the United States Circuit Court, which is given general superintendence and jurisdiction of all bankruptcy proceedings and decisions of the circuit court shall not be reviewed by the Supreme Court of the United States except on certificate of disagreement between two circuit judges. The circuit court shall appoint within each judicial district such number of commissioners in bankruptcy as may be necessary not exceeding in any state the number of members of congress to which the state is entitled, each commissioner to give bonds in the sum of $5,000 for the faithful performance of his duties. He is given all powers of master in chancery, and may represent and act for the judge in holding meetings and conducting

business specially committed to him. The circuit court shall also appoint a supervisor in bankruptcy for each judicial circuit who shall personally examine into the administration of all bankruptcy proceedings in his circuit, call the attention of commissioners, clerks and trustees to matters which would facilitate speedy and economical settlements and move the court for action against delinquent trustees. He shall visit and inspect the office and business of every commissioner and clerk in his circuit as often as once every six months and make report to the circuit court. The supervisor's compensation is fixed at $2,000. The court may, however, decree him a further allowance, not to exceed $10, for each case instituted before him during the year, but not more than $1,000 in any one year. Supervisors and commissioners may be allowed a reasonable sum for disbursements to be verified on oath. Every party petitioning for bankruptcy, whether debtor or creditor, shall pay to the clerk of the court $50, and every trustee shall pay one per cent. of the gross amount realized from assets, and every debtor making composition shall pay one-half of one per cent. on the amount of such composition. These fees all to be paid by the clerk into the treasury of the United States. Any person owing debts exceeding $300 and unable to pay, may by petition apply to be adjudicated a bankrupt, and the filing of such petition shall be deemed an act of bankruptcy. Any person owing debts exceeding $1,000, who leaves his state to avoid his creditors, or conceals himself to avoid arrest or service of legal process, or makes fraudulent transfers of his property, or suspends payment of his commercial paper or open accounts for thirty days after the same are due and payable, or who makes fraudulent preference, shall be deemed to have committed an act of bankruptcy and may be adjudged bankrupt on petition of three or more of his creditors, whose bills would amount in all to $500. The bill excepts and exempts in favor of bankrupts necessary and proper wearing apparel for himself and family, and such other property as may be exempted from attachment by the laws of the United States or the state in which bankruptcy proceedings are instituted, and the court may allow from the assets of the bankrupt a sum not to exceed $500 for his support pending proceedings, and if his

circumstances require it, reasonable wages for any service rendered his estate at the request of his trustee, and the usual fees when attending as trustees.

ARTICLES ORIGINAL AND SELECTED.

EVIDENCE IN BASTARDY CASES.

There are two cases in which the paternity of a child may be brought into question; first, when the mother of the child is a married woman (Green. Evi. sec. 150; 2 Kent Com. 208;) and, second, when she is unmarried at the time the child is begotten, Haworth v. Gill, 30 Ohio St. 627; Sword v. Dana, 3 Dana, 453; Judge v. Keer, 17 Ala. 328, and in some instances, the mother, although married, has been allowed to maintain the action, State v. Pettenag, 3 Hanks 623; Reg. v. Pelkington, 2 El. & B. 546, 17 Jur. The first can only be shown by establishing adultery of the mother, and is known as adulterine bastardy, and the action is brought to establish the legitimacy or illegitimacy of the child. In the second class the illegitimacy of the child is admitted, but it is sought to fix the paternity of the child upon a certain person, and compel such person to maintain such child. It is to the second class that the remarks in this essay will be addressed.

A proceeding under this class has some of the cheracteristics of a civil action, and some of a criminal prosecution, Paulk v. State, 52 Ala. 427; Hills v. Wells, 6 Pick. 104; and indeed seems to be so much of a hybrid, that so far as the evidence in such actions is concerned. very little is to be found in books treating of either. Anciently, in England, it was provided that the woman who bore a bastard child should be imprisoned for one year for the first offense, and for the second offense until she found sureties not to offend again. (4 Black. Com. 65). And even in Connecticut we find a woman prosecuted a fifth time, for having bastard children, in which she made such a judicious address that she was discharged, and married one of the judges. (American Museum, 1787. Her address is novel, see extract. Foote's Plain Home Talk, 758).