deemed guilty of negligence, or want of ordinary care or skill, although the jury should believe, upon the evidence, that the captain omitted to adopt the safest plan: Id.

OFFICER.

De facto Under color of Title.-Salaries of Officers.-A person actually obtaining office, with the legal indicia of title, is a legal officer until ousted, so far as to render his official acts as valid as if his title were not disputed: Board of Auditors of Wayne County v. Benoit, 20 Mich.

No claim can be enforced against a county for the salary or perquisites of a county officer, except for a period during which the claimant was the actual incumbent: Id.

. PAYMENT.

Appropriation of-If enough of the payments made on an account be subsequently applied by the creditor to liquidate the items consisting of liquors sold in violation of law; and a statement of the account, omitting therefrom the liquor items, and their equivalent in credits, be sent to the debtor, who thereupon replies that he will pay the samethe appropriations will be deemed made by mutual assent, and they cannot be revoked without such assent: Plummer v. Erskine, 58 Me.

PARTNERSHIP.

Balance between Partners.-Assumpsit will lie for a balance struck between partners: Knerr v. Hoffman, 65 Pa.

If a balance be not struck, account render is the remedy unless the partnership be a single transaction: Id.

Debt," in the Act of June 16th 1836, § 35 (Attachment Execution,) will not extend to balance on an unsettled partnership account: Id. Neither the Act of April 4th 1831, § 1, nor the Act of October 13th 1840, § 18 (Account Render), have any application to a proceeding by attachment: Id.

The defendant in foreign attachment in account render is not necessarily a party in the scire facias against the garnishee, nor is a non-resident defendant partner in an attachment execution: Id.

A creditor of a partner may sell all his interest in the partnership, and the sheriff's vendee can proceed by account render or bill in equity against the other partner: Id.

A balance struck between partners may be attached without an express promise to pay it: Id.

PLEADING.

Sufficient averments to sustain Action--Amendment.--A petition which states facts sufficient to constitute a cause of action, must be held sufficient on an objection to the introduction of any evidence under it, however informal, indefinite and uncertain it may be in some of its statements of facts: Fitzpatrick v. Gebhart, 6 or 7 Kans.

A petition which states that the defendant committed certain injuries to and upon the real estate of the plaintiff, is not insufficient because it does not state that the plaintiff was in the possession of such real

estate: Id.

Amendments of pleadings may be made in three ways, subject to the discretion of the court: First, By interlineation. Second, By writing the amendment (and the amendment only) on a separate piece of paper, and referring to the original. Third, By rewriting the original pleading and incorporating the amendment in it; and when the amendment is short, and scarcely if at all material, the court does not abuse its discretion by allowing the amendment to be made by interlineation : Id.

Sufficiency of Averments of Cause of Action.-After answer filed, an objection to a petition that it does not state facts sufficient to constitute a cause of action is good only when there is a total failure to allege some matter essential to the relief sought, and is not good when the allegations are simply incomplete, indefinite, or statements of conclusions of law: Laithe v. McDonald, 6 or 7 Kans.

RECEIPT.

Contradiction of-A receipt is open to contradiction, explanation, or correction, and may be shown to have been given under a mistake either of fact or of law: Russel v. Church, 65.

RECORD. See Evidence.

REMOVAL OF Causes.

State and Territorial Courts.-The courts of the state cannot take cognisance of causes that were pending in the courts of the territory, until provision is made by law for their transfer to the state courts: Mc Collom v. Pipe, 6 or 7 Kans.

There is no law for the removal to the state courts of causes cognisable in the district or circuit courts of the United States: Id.

SHIPPING.

Responsibility of the Master of a Vessel for necessary SuppliesInterest of the Owners of a Vessel in the Freight.-Supplies were furnished for a schooner which was hired under a contract with the owners, known as a "lay," the terms of which were that the master should victual and man the vessel, and after all port charges were deducted, he should receive one-half of the freights. The existence of the contract was known to the parties who furnished the supplies for the vessel. The account for the supplies was kept against the schooner and owners. An attachment was issued by the parties who furnished the supplies, against the master of the vessel, a non-resident, and laid in the hands of persons who had chartered the vessel from the master in his own name. At the time of laying the attachment there was a net balance in the hands of the garnishees for freight due on the charter-party, more than the claim for supplies; and at the same date the master was indebted to the owners of the vessel on account of freights earned under the contract with them, to an amount greater than that due by the garnishees on the charter-party. Before the laying of the attachment, the owners of the vessel notified the garnishees not to pay the master any more of the freight then due. Held: That the master, and not the owners, was responsible for the supplies furnished to the

vessel. That the balance of the freight in the hands of the garnishees, due on the charter-party, was not the rightful property of the master, and therefore not subject to the attachment: Stirling v. Loud, 33 Md.

Collision of Vessels-Duties of Steamers and Sailing- Vessels.-Whenever a sailing-vessel and a steamer are proceeding in such directions as to involve risk of collision, it is the duty of the steamer to keep out of the way of the sailing-vessel, and of the sailing-vessel to hold her course: P. W. & B. R. R. Co. v. Kerr, 33 Md.

This rule is a general one not depending on the length of route of the steamer, or whether it be up, or down, or across, a navigable stream; and it applies to the case of a steamer transporting a train of cars with passengers, across a river at a railway connection: Id.

There may be dangers and difficulties which will excuse the violation of the rule, and then it will be left to the jury to determine if any surrounding circumstances existed to justify a departure from it: Id.

If the sailing-vessel conform to the rule and keep her course, she is not guilty of want of ordinary care, or contributory negligence, even when she might possibly have avoided a collision by casting anchor, or turning her course: Id.

It is the duty of steam-vessels navigating waters, where sailing-vessels are often met with, to keep a trustworthy and constant lookout besides the helmsman: Id.

-

TENANT IN COMMON.

Possession. Where one of several owners enters into actual possession of land, under a deed which purports to convey the entire interest, it will not be presumed, without other evidence, that his possession is hostile to the remaining owners: King v. Whaley, 59 Barb.

TITLE. See Action; Evidence.

TRADE-MARK.

Property in-Injunction-Account.-One tradesman has no right to use the trade-marks or names previously adopted and used by another, so as to induce purchasers to believe contrary to the fact, that they are buying the articles to which the marks were originally applied: Stonebraker v. Stonebraker, 33 Md.

Trade-marks are property, and a person using such marks without the sanction and authority of the owner, will be restrained by injunction, even where it does not appear there was any fraudulent intent in their use, and will be required to account for the profits derived from the sale of goods so marked: Id.

S. having engaged in the manufacture of various medicines and other preparations, adopted and used thereon certain labels and trade-marks to distinguish his medicines and preparations from all others. These labels and trade-marks were generally known to the trade and consumers, so that by them the preparations were recognised, distinguished and bought. The manufacture and sale of these preparations had become the source of profit and emolument to S. Certain persons thereupon fraudulently engaged in the manufacture of medicines and other preparations, and sold large quantities thereof, with labels and trade-marks corresponding with those used by S., or with only a colorable difference,

and designed to deceive the public, and to enable the vendors to obtain for their medicines the celebrity which the medicines and preparations of S. had in the market. On application by S., it was held: that he was entitled to an injunction, and an account: Id.

LIST OF NEW LAW BOOKS.

ABBOTT.-Reports of Practice Cases in the Courts of New York. By A. ABBOTT. Vol. 9. New York: Diossy & Co. Shp. $5.

BARBOUR.-Reports of Cases in the Supreme Court of New York. By O. L. BARBOUR, LL.D. Vol. 58. Albany: W. C. Little. Shp. $6.

BEAMAN.-The National and Private Alabama Claims and their Final and Amicable Settlement. By CHAS. C. BEAMAN, Jr. 8vo., pp. 358. Washington, D. C.: W. H. Moore, Pr.

BREWSTER. Reports of Cases in the Courts of Pennsylvania. By F. C. BREWSTER. Vol. 3. Philadelphia: Kay & Bro.

CALIFORNIA. Reports of Cases in the Supreme Court. By R. A. THOMP SON. Vol. 39. San Francisco: S. Whitney and A. L. Bancroft. Shp. $8. GEORGIA. Reports of Cases in the Supreme Court. By G. N. Lester. Vol. 31. Macon: J. W. Burke & Co., 1871. Shp. $7.50.

HOWARD.-Practice Reports in the Courts of New York. Jr. Vol. 40. Albany: Wm. Gould & Son. Shp. $4.50.

By N. HOWARD,

ILLINOIS.-Reports of Cases in the Supreme Court. By N. L. FREEMAN. Vol. 51. Springfield: Printed for the Reporter. Shp. $5.50.

Iowa.-Reports of Cases in the Supreme Court. By E. H. STILES. Vol. 18. Ottumwa: Printed for the Reporter.

LOUISIANA.-Reports of Cases in the Supreme Court. By J. HAWKINS. Vol. 22. New Orleans: Republican Office. Shp. $10.

MASSACHUSETTS.-Reports of Cases in the Supreme Judicial Court. By A. G. BROWNE, Jr. Vol. 102. Boston: H. O. Houghton & Co. $5.50. MISSISSIPPI.-Reports of Cases in the Supreme Court. By J. S. MORRIS. Vol. 43. Jackson, Mi.: Kimball, Raymond & Co. Shp. $7.50.

MISSOURI.-Reports of Cases in the Supreme Court. By T. A. POST. Vol. 46. St. Louis: McKee, Fishback & Co. Shp. $5.

NEW JERSEY.-Reports of Cases in the Court of Chancery and the Court of Errors and Appeals. By CHAS. E. GREEN. Vol. 6. Trenton: Murphy & Bechtel, Prs. Shp. $5.50.

PENNSYLVANIA. Reports of Cases in the Supreme Court. By P. F. SMITH. Vol. 14, being vol. 64 of the series. Philadelphia: Kay & Bro. Shp. $5.

ST. CLEMENT'S CHURCH CASE.-A Report of the Proseedings in the Court of Common Pleas of Philadelphia, to restrain the Vestry of St. Clement's Church from dismissing the Rector. 8vo., pp. 100. Philadelphia: Bourquin & Welsh. Pap. $1.

STEPHEN. A Treatise on the Principles of Pleading in Civil Actions.. By HENRY JOHN STEPHEN. Edited from the 2d London Edition, by SAMUEL TYLER, LL.D. Washington: W. H. & O. H. Morrison.

UNITED STATES.-The Statutes at Large, passed at the First Session of the Forty-second Congress, 1871. Boston: Little, Brown & Co. Pap. 75 cts.

THE

AMERICAN LAW REGISTER.

SEPTEMBER, 1871.

THE RESPONSIBILITIES AND DUTIES OF THE LEGAL PROFESSION.

It is always an invidious task to attempt to say anything in the way of rebuke, or criticism, upon the usages or the conduct of one's own profession. It will naturally be attributed to having outlived the proper period of common sympathy and fellow-feeling; or else to disappointment and defeat in one's projects or hopes; or, what is more unfortunate, to some conscious sense of superiority, in some particular: any one of which imputations, which it is alway easy to make and difficult to disprove, must have the effect to neutralize all desired or expected good. But in the face of all these disadvantages, and of some others, which may naturally occur to our readers, we venture to caution the profession, in this country, not to flatter themselves that they will be able, for any very long period in the future, to maintain their present influential and commanding position, without the exercise of great watchfulness, and constant effort, to maintain that high-toned esprit du corps, which in England, and to some extent throughout Europe, has characterized the legal profession for many generations, we might fairly say many centuries. It seems to us that this is where the legal profession in America is most in danger of losing tone, and ultimately both character and position. When it comes to think lightly of its prestige, others will naturally think lightly of it; for who should know better than themselves? It is easy to speculate upon the great effect of enforcing a

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