Held, that the purchaser at the assignee's sale would hold the property as against the attaching creditor.

TOWN OF TROY v. HASKELL.

Conveyance of land for use of public.

A conveyance of land to a town, " for the use and benefit of the public, and to be improved for a public common and no other purpose," vests the legal estate in the town, as trustee for the public, but without any beneficial interest.

Where that portion of a town, in which land thus holden by it is situate, is severed from the rest by an act of the legislature and made into a new town, without any provision in respect to such land, the legal title remains, unaffected by the change of territorial jurisdiction, in the original town.

Liability of inn-keepers for damage to goods of their guests.

An inn-keeper is liable for damage happening in his inn to the goods of his guests, unless it is caused by the act of God, or the public enemy; or by the fault, direct or indirect, of the guest. To discharge the inn-keeper it is not enough to show that the damage did not happen though his actual negligence or that of his

servants.

CLARK, ADM'R. v. Clement.

Presumption of payment ·

Administration - Party dying in another State. The defendant, in 1829, gave to the plaintiff's intestate a promissory note for $53, payable on demand, the parties at that time residing in Danvers, Massachusetts. In 1834, the defendant gave to the intestate another note, payable on demand, for $63, the parties then residing in the same town in Ohio. Both parties were born in Claremont in this State, and resided there till 1829, but not afterwards.

In 1838, the intestate died in Illinois, leaving in this State at his father's house sundry articles of personal property, and the notes in suit. On the application of the widow, the father of the deceased was appointed administrator in this State, and, without completing the settlement of the estate, died in 1851. In 1853, the plaintiff was appointed administrator de bonis non.

In 1844, the defendant, by the will and decease of his father, became interested in certain real estate in Claremont, liable to attachment, and in 1852, by the decease of his mother, he acquired

further interest in the same real estate and other property. Prior to 1814 he had no property in this State liable to attachment.

The defendant's property in this State was attached in this suit, on the 9th of February, 1853, the action being founded on the two notes specified. The statute of limitations was not pleaded.

Held, that as a general rule, all contracts for the payment of money, whether settled or unsettled; all mortgages, bonds, judg ments, notes, accounts, &c., are presumed to be paid after the lapse of twenty years, if there is no evidence to repel the presumption, and to show that the debts are still unsatisfied; but that there were facts in this case sufficient to rebut the presumption of payment.

Held, also, that an administration was properly taken in this State, and that the suit could be maintained in the name of the plaintiff.

MUNGER V. MUNGER.

Services of daughter in family of father, after arriving at twenty-one years of age.

Where a daughter, after arriving at the age of twenty-one years, continued to live, labor, and render service in her father's family for the period of four years, with his knowledge and consent, but without any agreement or understanding that she was to be paid for her services :

Held, that there was no presumption of a promise by the father, so as to enable her to maintain an action to recover compensation for her services.

Where the relation of parent and child exist, the law will not presume any other. In order to establish the existence of the inferior relation of master and servant, or debtor and creditor, between a parent and child at any given period, there must be proof more or less strong, but sufficient to carry conviction, that the parties understood the inferior relation to subsist between them at the time, and acted with reference to it.

HAYWARD V. TOWN OF CHARLESTOWN.

Jurisdiction of selectmen in laying highways — No presumption of legal laying out short of twenty years.

The statute makes the select men of towns a judicial tribunal for laying out highways within their respective limits; the towns themselves having no authority upon that subject.

To give the selectmen jurisdiction, it is essential that an application in writing should first be made to them, and the existence of such application must be shown, to render their proceedings legal and valid.

Since the adoption of the revised statutes, a highway will not be presumed to have been legally laid out, unless it has been used by the public as a highway for at least twenty years.

SUMNER V. MITCHELL.

Devise without words of perpetuity.

Prior to the statute of 1822, a devise of lands and personal estate, without words of limitation or perpetuity, gave to the devisee an estate for life only in the lands, but the personal property absolutely, unless in respect to the lands there were a manifest intention to give a fee.

Where such intention was manifest, a fee simple estate passed, without any words of limitation or perpetuity.

In determining what may have been the intention of the testator, all his circumstances and those of his family and estate, apparent from the will itself, as well as the language of the devise in controversy compared with other parts of the same instrument, and all the provisions of the will, are to be taken into consideration.

LANDAFF'S PETITION FOR CERTIORARI.

Bill of exceptions — When certiorari will be awarded- Proceedings before road commissioners.

The party aggrieved by any judgment, decree, or order of the Court of Common Pleas, may, under the statute, tender his bill of exceptions, and have it signed and made part of the record, though the proceeding be not according to the course of the common law.

When a bill of exceptions is allowed in a petition for a highway, the remedy on the bill is by writ of certiorari; and on that writ in such case the Supreme Court will revise the decisions of the Common Pleas in matters of law, though that court have kept within its jurisdiction.

The writ of certiorari is not awarded as matter of right, but will be refused when the court can see that substantial justice has been done, though errors in matters of form appear on the record.

Where road commissioners received incompetent and material evidence, offered by petitioners and objected to by the towns, and the evidence bore directly on the general merits of the cause, the error will be regarded substantial, and a certiorari will be awarded on a bill of exceptions, to quash the judgment of the Common Pleas accepting the report of the commissioners and establishing the road.

Where such evidence consisted of the oral testimony of a wit ness, this court will not receive evidence to show that the commissioners did not in fact regard the incompetent evidence, and that the report would have been the same though the evidence had not been received.

Where the road lies in two towns, it is not nesessary that both towns should join in the petition for a certiorari to quash the udgment.

Notices of New Publications.

LEX PARLIAMENTARIA AMERICANA. Elements of the Law and Practice of Legislative Assemblies in the United States of America. By LUTHER STEARNS CUSHING. Boston: Little, Brown & Co. 1856. pp. 1063.

THIS work resembles in its style and composition the massive and elaborate treatises of an earlier age of research. when Cujas or Dumoulin gave to the world the fruits of their studies in ponderous folios, such as now might be cut up into a dozen pert duodecimos. The late Mr. Cushing was one of the most thorough and conscientious students that have ever devoted themselves to legal pursuits. His love of literary labor was a passion to which his health was sacrificed, and by which, it is to be feared, his life was shortened. In the dryest branch of juridical research, his zeal never flagged, and his ardor never relaxed, until he had learned all that could be known upon it. He had but one taste which at any time at all interfered with his passion for legal studies; and that was his love of music, which he understood well both scientifically and practically; but, of late years, the claims of this soothing art too seldom took precedence of sterner and more exhausting vocations

Nor was he a mere literary drudge the painful collector of materials for other hands to use. He had a philosophical understanding which could weigh and measure and value the results of his labors, and a natural sense of method which instinctively distributed and disposed a subject in the right way, and put everything in its proper place. His style had the clearness and accuracy which mark the correct and logical thinker. In his luminous method, and the neatness of his statement, there is something that recalls the skill and clearness which characterize the juridical writers of France, with whose works Mr. Cushing was familiar.

Besides these natural qualifications for a work on the Law of Legislative Assemblies, Mr. Cushing had the advantage of a course of practical training specially fitting him for such a task. He was for many years Clerk of the House of Representatives in Massachusetts; and it is not too much to say that the office has never been filled with more ability than by him; and it will be sufficient praise to any such officer hereafter to say of him that he discharged the duties of his place as well as Mr. Cushing. He thus had the opportunity of observing the practical working of the science of legislative government, and of learning many things which books can hardly communicate.

The work before us, which is the life fruit of many years of careful preparation, is divided into nine parts. The first part, comprising six chapters, treats of the Election of Members. The second part, comprising six chapters, is upon the Constitution of a Legislative Assembly. The third part, containing four chapters, is upon the Privileges and Incidental Powers of a Legislative Assembly. The fourth part, in five chapters, treats of the Powers and Functions of a Legislative Assembly, as such. The fifth part, comprising seven chapters, is upon Communications between the Different Branches of a Legislative Body, and between them or either of them and other bodies or persons. The sixth part is subdivided into three divisions: the first division, in six chapters, treats of Motions; the second division, in twelve chapters, is upon Order in Debate; the third division, in four chapters, is upon Ascertaining the Sense of the Assembly in reference to any question before it. The seventh part is sub

divided into three divisions: the first division, in eight chapters, is upon Committees and their Functions; the second division, in nine chapters. is upon Committees of the Whole; the third division is upon Joint Commitiees The eighth part is subdivided into two divisions: the first division, in twenty-three chapters, is upon Public Bills; the second division, in seven chapters, is upon Private Bills. The ninth part is devoted to the subject of limpeachment. There is also a copious Appendix.

This analysis of the contents of the work will give our readers a notion of the wide range of topics embraced in it, and of the exhausting thoroughness of the treatment Its merits, indeed, can hardly be set forth in terms too strong. The results of an immense amount of reading are here presented in a luminous and methodical order, and in a style of the utmost precision and accuracy. No work of the kind previously in existence can for a moment be compared with it; and we do not see there will ever be a necessity hereafter for any similar one to be prepared. Our brethren in England will find it as useful and valuable as do our own countrymen; and they will note with no lit le surprise the author's profound and minute knowledge of their whole parliamentary history, even down to its slightest details. As an authority it cannot fail to take its place in our own country as an oracular voice from whose decision no appeal can be taken. Of a book of a thousand pages, written in a most terse and condensed style, no idea can be formed by any extracts; and it is indeed somewhat a source of regret that its uncommon merits can never be appreciated by the general run of readers. A person must have had some experience in legislative assemblies, before he can be qualified to judge of the amazing industry with which Mr. Cushing has collected his materials, and the skill with which he has used them.

As is already known to our readers, Mr. Cushing lived but a few days after the publication of this work. He had labored upon it for many years, and for the last two or three under difficulties and discouragements, arising from his state of health, which nothing but the most resolute spirit could have overcome. When the strong and sustaining excitement of this task was over, the "wheels of weary life at last stood still." It was a fitting close to his useful, laborious, and honorable career, which was dignified throughout by the diligent exercise of uncommon powers, and the faithful performance of every trust laid upon him.

A SELECTION OF LEADING CASES IN CRIMINAL LAW: with Notes. By EDMUND HASTINGS BENNETT and FRANKLIN FISKE HEARD. Vol. I. Boston: Little, Brown & Co.

1856.

The brilliant and well merited success of Smith's Leading Cases has occasioned the publication of many collections on a similar plan, one of the best of which, if we may be permitted to judge from the partial examination which we have been able to make of it, is the volume whose title is given above. This mode of teaching law, by making the original reports of cases the foundation for elaborate notes or essays on the points involved, which, even before Smith's Leading Cases, was illustrated in Williams's Saunders and Metcalf's Yelverton, must always be very attractive and useful to the practising lawyer, when well performed. We would not be understood as expressing an approval of all the collections of cases in various departments of law, equity cases, commercial cases, railway cases, real estate and conveyancing cases, patent cases, with and without notes, with which the profession has been over supplied during a few years