criminal or penal laws of another; nor
will they carry out or be guided by the
laws of another, regulating the forms of
actions, or the remedies provided for civil
injuries. But it is equally well settled,
that in the construction of contracts, and
in ascertaining whether they are valid, the
law of the country where the contract
was made, or to be performed, shall in
general, govern.

The lex loci only governs in ascertain
ing whether a contract is valid, and what
the words of the contract mean. When
the question is settled, that the contract of
the parties is legal, and what is the true
interpretation of the language employed
by the parties in framing it, the lex loci
ceases its functions, and the lex fori steps
in and determines the time, the mode, and
the extent of the remedy. Sherinan v.
Gassett, 304.
Licenses, 547.
License Laws.

Three distinct sales are necessary to
constitute a common seller. Common-
wealth v. Tubbs, 34.

License Law (of Connecticut.)

Where an information, on the statute
entitled "an act regulating the sale of
wines and spirituous liquors," averred, in
the language of such statute, that the de-
fendant, at a certain time and place, did
keep a certain house, store, and shop, for
the purpose of selling wine and spirituous
liquor, to be drank thereat; it was held,
that the words house, store, shop, being
synonymous, said information was not bad
for duplicity.

In such information, it is not neces-
sary to state the time, when the offence
is alleged to have been committed, in
words at full length, but the same may be
expressed in figures.

Although penal statutes are to receive
a strict construction, they are also to be
so construed as not to lead to an absurdi-
ty, or defeat the manifest intention of the
legislature. Rawson v. Connecticut, 113.
Lien, 356.

Light, vessel in channel bound to show
one, The Scioto, 16. Lenox v. Win-
nisimmet Co. 80.
Lost Instrument.

The evidence of the loss or destruction
of a written instrument so as to lay a
foundation for the introduction of second-
ary evidence as to its contents, is a pre-
liminary question addressed solely to the
court. Fitch v. Bogue, 545.

Where a bill in equity was brought to
obtain relief in regard to a negotiable pro-
missory note, lost when over due, and not
indorsed, and where an affidavit of the
loss was annexed to the bill, but no in-
demnity tendered, either before or after
process, to the defendant, and where the
claim was barred by the statute of limita-

tions, it was held, that the bill could be
sustained, as there was no necessity of
any indemnity. Whether the bill could
not be as well sustained, though the claim
were not barred by the statute of limita-
tions. Quære?

Where the account given by the orator
in a bill of equity of the loss of a note, is
somewhat unsatisfactory, and where, at
the same time, the defendants do not, in
the first instance, move for an indemnity,
and deposit the money subject to the or-
der of the court, a court of equity will
give costs to neither party.

Cases considered in which a court of
equity will interfere in regard to lost in-
struments. Hopkins v. Adams et al. 350.
Lowell, Judge, Notice of, 425.
Lunacy.

When a person apparently of sound
mind, and not known to be otherwise, en-
ters into a contract, which is fair and bo
na fide and which is executed and com-
pleted, and the property, the subject-mat-
ter of the contract, cannot be restored,
so as to put the parties in statu quo,
such contract cannot afterwards be set
aside either by the alleged lunatic or
those who represent him; and therefore,

In an action by the personal represent-
ative of a lunatic to recover from an as-
surance society the price of two annuities
on his life paid by the deceased to the
society, a special verdict found, that the
purchasing of the annuities were trans-
actions in the ordinary course of the af-
fairs of human life, and that the granting
of the annuities were fair transactions
and of good faith on the part of the soci
ety, without any knowledge or notice on
the part of the society of the unsoundness
of the mind of the deceased: - Held, that
the action could not be maintained. MI-
ton v. Camroux, 357.
Mandamus.

The U. S. Courts have no authority to
cause a writ of mandamus to issue to the
secretary of the treasury to cause a credit
to be entered on the books of the depart
ment, when there is no special law re-
quiring such a credit to be entered. Nor
have the Court authority to cause the
amount of such credit to be paid where
there has been no specific appropriation.
Ex parte Reeside, 448.

had continued sole. Bloxom v. Bagwell,

228.

Marsh, Charles, Obituary Notice of, 527.
Mason, Jeremiah, Obituary Notice of, 334.
Mesne Profits.

A claim for mesne profits is a cause of
action, which, if recoverable at all, is one
of common law, and not of equity juris-
diction.

Such claim is in its nature local, and if
by the law where it occurs it does not
survive, it would seem could not be al-
lowed against the estate of the recoveree
in ejectment, in another jurisdiction where
he had his domicil at the time of his de-
cease, even if such cause of action did
there survive.

If it could be allowed against such es-
tate, it is of such a character, that it must
be presented to the commissioners of in-
solvency, or else it is barred.

All claims, of a merely legal character,
are barred, if not presented. Burgess v.
Gates, 317.
Metcalf's Reports, Vol. XI. Notice of, 285.
Miller, Trial of, 331.
Minor, 151.

MISCELLANEOUS INTELLIGENCE.

Ohio Controversy, 37; Copyright, 42;
Disqualification of Witnessess, 43; Com-
mon-Carriers, 44; Attachments in U. S.
Courts, 44; Curious Mistake, 45; Dama-
ges for Railway Accidents, 45; Deeds
made by Married Women, 87; Doctrine
of Amendments, 91; Trial of Sarah Jane
Pinkerton, 138; Resignation of Professor
Greenleaf, 188; Appointment of Hon.
Theophilus Parsons as Dane Professor,
188; Correspondence between Mr. Green-
leaf and the Corporation of Harvard Col-
lege, 189; Mr. Greenleaf appointed Emer-
itus Professor, 190; Editor's Apology,
191; Slave Case at Detroit, 237; Wo-
man's Rights Convention, 238; Judicial
Appointments in Maryland and Massachu-
setts, 239; Honorary Degrees, 239; State
Trials in Ireland, 252; The Telegraph
Suit, 284; Case of Pattee v. Greeley, 325;
Trial of George Miller, 329; Pattee v.
Greeley, 379; Sketch of Judge Lowell,
425; Judicial Changes in Maine, 429;
Law in the Cherokee Nation, 431; The
Alien case, 525; The Association of the
Bar, 468; New York Code of Procedure,
472; A Squinting Jury, 476; Emigrant
Tax, 477; Judgment before Argument,
479; Butler v. Butler, 480; Judicial Sala-
ries, 480; New York Code of Procedure,
559.

able in Boston at intervals, with ten per
cent. interest semi-annually, which notes
were intended to be secured by the mort-
gage sued on; and that, though the notes
appear on their face to have been executed
in Chicago, they were in fact executed in
Boston. The mortgage was acknowl-
edged and recorded in Cook county, on
the day of its date: Held, that the forfeit-
ure provided for in the usury laws of Mas-
sachusetts being a part of the law of rem-
edy, could not be enforced by the courts
of this state.

To a scire facias to forclose a mortgage,
a plea commencing as a plea of part pay-
ment, and concluding by praying judg
ment, was interposed, to which there was
a general demurrer, which was sustained:
Held, that payment in part, or in whole,
might properly be pleaded, and that, in
this case, if the plea had been specially de-
murred to, it should have been held bad.
Sherman v. Gassett, 304.
Mortgage, 355.

N.

Negligence in navigation, 80.

Rule of damages in cases of, 80.
New Hampshire Reports, vol. XIII., no-
tice of, 35.

NEW YORK CODE OF PROcedure, 97
Newspaper, 171.
Notice of Protest, 495.
Notary Public, 495.

NOTICES OF NEW Books.

Pennsylvania Law Journal, 35; New
Hampshire Reports, 35; Hare & Wal-
lace's Select Decisions, 36; Gresley's
Equity Evidence, 85; Roper on Legacies,
86; Taylor's Evidence, 135; Hall's Re-
port of Trial of William Freeman, 137;
Selwyn's Nisi Prius, 186; Gordon's Di-
gest, 186; American Law Journal, 187;
Code Reporter, 187; Washburn's Reports,
232; Judge Edmonds's Address on the
Constitution and Code of Procedure, 232;
Hunt's Merchant's Magazine, 236; Met-
calf's Reports, vol. xI., 285; Barbour's
Reports, 286; Barbour's Chancery Re-
ports, 287; Argument List of the Law
Academy of Philadelphia, 287; English
Chancery Reports, 287; Works Received,
287; Pea Patch Case, 374; Holcombe's
Debtor and Creditor, 376; Smith's Com-
mentaries, 377; Johnson's Cases, 378;
Bingham on Infancy, 378; Greenleaf on
Evidence, 379; Chilton's Digest of Pro-
bate Law, 379. Wharton's Precedents of
Indictments, 423; 2 Barbour's Reports,
423; Hilliard's Elements of Law, 424;
United States Digest, 466; Sandford's
Reports, 466; Arrest of Aaron Burr, 467;
Bouvier's Law Dictionary, 524; Trial of
Epes, 525. Williams on Executors, 557.
Nuisance, 356.

one may be abated, 78.

OBITUARY NOTICES.

0.

Hon. J. Q. Adams, 46; Hon. Joshua
Holyoke Ward, 141; Hon. Stevenson Ar-
cher, 239; Hon. Abraham Shriver, 240;
Hon. James H. Gholson, 288; Hon. Hen.
ry St. George Tucker, 288; Hon. Jere-
miah Mason, 334; Hon. Harrison Gray
Otis, 335; Hon. Charles Marsh, 527.
Omnibuses.

The business of carrying persons for hire
from town to town, in stage coaches and
omnibuses, is not so far a territorial occu-
pation or employment, as will authorize
the city government of Boston to require
a license from the mayor and aldermen,
before exercising that employment. A
by-law, to that effect, is an unnecessary
restraint upon the business of those carry-
ing passengers for hire, and not binding
upon inhabitants of other towns.
monwealth v. Stodder, 547.

Partnership.

P.

Com-

Where there are no articles of partner-
ship, a partnership is determinable at the
will of either partner.

A surviving partner holds the partner
ship effects merely as a trustee for the
payment of debts existing at the time of
dissolution, while he is bound to distribute
the balance equitably between himself and
the representatives of the deceased part-
ner. It is his duty at once to make sale
of all the partnership property, at once,
collect outstanding demands, pay all debts,
and divide the balance.

A partnership formed for conducting a
newspaper, is commercial in its character,
and the law applicable to commercial or
trading transactions determines the rights
of the parties.

A surviving member of such a partner-
ship is not entitled to the good will, sub-
scription list, speculative value of a news-
paper published by him and his deceased
partner; but it is partnership property,
which must be sold with the partnership
effects.

A court of equity can order a sale of
all the partnership property, when the sur-
viving partner neglects to perform his law-
ful duties. And if the surviving partner
be guilty of such mismanagement as clear-
ly proves him unfit to be entrusted with the
partnership estate, a court of equity will
appoint a receiver to collect the debts and
dispose of the property. Holden's Admr's
v. McMakin, 171.

An indorsement by a surviving partner,
in the name of the firm, after the death of
the other member, of a note payable to the

cover on the money counts. Fowle v.
Harrington, 32.

Passengers, 547.

Pattee v. Greeley, case of, 325, 379.
Pea-Patch case, 374.
Penal Statutes, 113.

Pennsylvania Law Journal, notice of, 35.
Pinkerton, Sarah Jane, Trial of, 138.
Power of congress to regulate commerce,
487; exclusive, ib.
Practice.

A member of a firm cannot be sum-
moned as a trustee in his individual ca-
pacity, where he is only a member of the
firm. Warren v. Gibbs and trustee, 116.

The discharge of one of several joint
co-defendants, or the permitting his case
to go first to the jury, in order that he
may become a witness for the others, is
a discretionary matter with the court,
where there is any evidence tending to
criminate such defendant.

A motion to quash an indictment is a
matter within the discretion of the court,
and only to be sustained in case the court
should be satisfied that no finding of the
jury upon such indictment could be sus-,
tained.

Whether a demurrer to an indictment
for a misdemeanor, in Massachusetts, in-
volves the whole merits of the case, so
that the defendant cannot plead over in
case of a decision unfavorable to him,-
quære. Commonwealth v. Eastman et
al., 256.

-

A petition for the removal of a cause
from the State to the United States courts,
should be filed at the time of entering the
appearance. Jordane. Prot. Ins. Co.,118.

Where, in the court below, a verdict is
found for the defendant, and both plaintiff
and defendant take exceptions to the rul
ing of the court, and the exceptions are
allowed on both sides, if the court sustain
the exceptions of the plaintiff, and at the
same time sustain those of defendant up
on points that are fatal to the plaintiff's
right to recover, the verdict must stand.
Lex. & W. Camb. R. R. Co. v. Chan-
dler, 249.

Course to be adopted when the ad dam-
num in the writ is less than the verdict.
Hall v. Boston, 82.

Practice, Time within which a motion
may be made to dismiss a writ for al-
teration after service, 79.
Practice, points of, as to bill of particulars,

77.

Preference of creditors, 355.
Presumptions, 72.
Procedure, N. Y. Code of, 472.
Promissory Note, 32, 356.

A notarial protest set forth that the no-
tary "went to the counting-house of T.
W. C., upon whom the said bill is drawn,
and speaking to a clerk, exhibited unto

When an act repeals "all laws in force
at any time before its passage," it must
be understood to refer to and embrace
those laws that are of a general and pub-
lic nature, and it does not include private
laws passed for the relief or benefit of in-
dividual citizens.

It seems that when an act repeals all

Shriver, Abraham, Obituary Notice of,
240.

Slave Case at Detroit, 237.
Slavery,

The provincial act of 1740, § 34, which
is still in force in South Carolina, denies
to slaves the right to hold property in
certain articles, and then provides that
"it shall and may be lawful for any per-
son or persons whatsoever to seize and
take away from any slaves all such goods,
commodities, boats, periaugers, canoes,
horses, mares, neat cattle, sheep, or hogs,
and deliver the same into the hands of his
Majesty's justice of the peace, nearest
the place where the seizure shall be
made." This act does not justify a tres
pass, nor does it authorize the party seiz-
ing such property to enter land of another.
Evidence of conversation with a magis-
trate previously to attempting the seizure,
held inadmissible. Richardson v. Brough.
ton, 120.

Smith's Commentaries, Notice of, 377.
Solicitor, 373.

Specific performance.

A specific performance of a personal
contract will be enforced in equity where
the party wants the thing in specie and
cannot otherwise be compensated, where
an award of damages would not put him
in a situation as beneficial as if the agree-
ment was specifically performed; or
where compensation in damages would
fall short of the redress to which he is en-

titled.

The rule being mutual if the party
agreeing to sell an article would be
bound to perform specifically, he can
compel the other party to pay, notwith-
standing that decree would be nothing
more than a verdict of judgment at law.
Phillips v. Burgher, 84.

those laws has been recognized and rati-
fied by a subsequent act, the repealing
act does not extend to it.

An act annulling, impairing, altering,
or restricting the privileges granted by the
charter of a private corporation, impairs
the obligation of a contract, and is there-
fore unconstitutional and void. Attorney
General v. Williams, 535.
Sunday.

A law prohibiting the sale of goods on
Sunday is not a violation of the constitu-
tion of South Carolina, which provides
(Art. 8, § 1,) for "the full exercise and
enjoyment of religious profession and
worship, without discrimination or preju
dice." City Council of Charlestown e
Benjamin, 7.

An action cannot be maintained for a
deceit practised in the exchange of horses
on the Lord's day. Robeson v. French,
418.

Contracts made on Sunday are void,
unless for works of necessity or charity.
Comparison of statutes. Webster o. Ab-
bott, 117.

A bond made upon the Lord's day is
void. Pattee v. Greeley, 253.

T.

Taylor on Evidence, notice of, 135.
Taxes by religious societies, 27.
Telegraph Suit, 284.
Tenants in common, 355.

Assumpsit will not lie by one tenant in
common against another, for rents and
profits of the common estate. Mason e
Mason, 119.
Texas, 535.

THE ASSOCIATION OF THE BAR, 434, 468.
THE POST-OFFICE MONOPOLY, 385.
Trespass, 33, 374.

TRIAL OF DR. COOLIDGE, 1.
Trial of Epes, notice of, 524.
TRIAL OF JOHN MITCHELL, 193.