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extends to trespass and other torts, but not to felonies, except where one may be an accessory after the fact, nor void acts. Story on Agency, $240. If this note was a forgery, there was no agency, and it never was authorized by defendant as a principal. In that case there was no consideration for his promise. The case

of Union Bank v. Middlebrook, 33 Conn. 95, does not proceed upon the ground of ratification. Judgment reversed, new trial ordered, costs to abide event. Marks v. King. Opinion by Potter, J.; Balcom, J., concurring in result; Miller, P. J., dissenting.

SEDUCTION.

In an action by a mother, for the seduction of her minor daughter, it appeared that the seduction was accomplished by some degree of force, and that the referee had given exemplary damages. Upon an appeal by the defendant,

1. Held, by the general term, that, under the former system of pleading, either trespass or case was a proper form for such an action. Moran v. Dawes, 4 Cow. 412; Chamberlain v. Hazlewood, 5 Mees. & Wels. 515; Ditcham v. Bond, 2 Mees. & Selw. 436; 1 Chit. Pl. 138: 2 id. 265, 268, 375, 376. And the gist of the action is the loss of service, therefore the action is, whether the seduction was accomplished by means of force or not. Bartley v. Richtmyer, 4 N. Y. 43; Segar v. Slingerland, 2 Caines, 219; Shufeldt v. Rowley, 4 Cow. 58; Badely v. Decker, 44 Barb. 539; Lipe v. Eisenlord, 32 N. Y. 236. The case of Hogan v. Cregan, 6 Rob. 136, so far as it holds to the contrary, not concurred in.

2. Held, also, that though, ordinarily, in actions per quod servituim amisit, nothing but actual damages can be recovered, the action of seduction is an exception, and the rule as to it is otherwise. Cowden v. Wright, 24 Wend. 429; Edmonson v. Matchell, 2 Term Rep. 4; Whitney v. Hitchcock, 4 Denio, 461. Judgment affirmed, with costs. Danion v. Moore. Opinion by Potter, J.; Miller, P. J., and Parker, J., concurring in the result.

STATUTES.

1850, chap. 140, General Railroad Act.

See RAILROADS, 2 and 3, and

CONSTITUTIONAL LAW.

1854, chap. 383. See CONSTITUTIONAL LAW. 1848, chap. 200; 1849, chap. 375; 1860, chap. 90; 1862, chap. 172; 1867, chap. 887-Married Woman's Acts.

See HUSBAND AND WIFE.

1869, chap. 907. See RAILROADS, 3. 1869, chap. 855. See STATUTES, CONSTRUCTION OF. 1871, chap. 695. See STATUTES, CONSTRUCTION OF. 1871, chap. 560. See RAILROADS, 2.

Revised Statutes: 2, p. 567, § 40; p. 222, § 6; p. 278, § 10; pp. 534, 535, §§ 1, 3, 4, see CONTEMPT; 2, p. 312, title 2, see EQUITY JURISDICTION.

SURROGATES' COURTS. See CONTEMPT.

STATUTES: CONSTRUCTION OF.

By section 5 of chapter 855, Laws of 1869, as amended by chapter 695, Laws of 1871, it is enacted, that boards of supervisors, except in New York and Kings, shall, upon an order of the county court, "made on application of the person aggrieved, and notice thereof to such board, refund to such person the amount collected

from him of any tax illegally or improperly assessed or levied." In this case the county judge of Ulster county ordered taxes of the years 1866, 1867 and 1868 to be refunded to the relator. The board of supervisors refused to refund such taxes. The court at special term granted a peremptory mandamus to compel their payment, and from the order granting such mandamus this appeal was taken. Held, by the general term, that there is nothing in the statute in question which necessarily makes it retroactive in effect. That the general rule is that every statute is to be construed prospectively only, unless it is otherwise expressed in the statute itself. Matter of Oliver Lee Bank, 21 N. Y. 12; Dash v. Van Kleek, 7 Johns. 477; People v. Supervisors of Columbia, 10 Wend. 365; Van Rensselaer v. Livingston, 12 id. 490; Calkins v. Calkins, 3 Barb. 306; Johnson v. Burril, 2 Hill, 239; Butler v. Palmer, 1 id. 335. Chancellor Kent states an exception to this rule (1 Com. 455, 2d ed.) in the case of remedial statutes, which he says may be of a retrospective nature, provided they do not impair contracts or disturb absolute vested rights, but only go to confirm rights already existing, and in furtherance of the remedy, and add to the means of enforcing existing obligations. And he cites Underwood v. Lilly, 10 Serg. & Rawle, 101; State v. Stooltzfoos, 16 id. 35; Bleakly v. F. & M. Bank, 17 id. 64; Foster v. Essex Bank, 16 Mass. 245; Locke v. Dane, 9 id. 360. But all these cases were upon the construction of confirmatory statutes, which must necessarily be retrospective. And it thus appears that even remedial statutes are not to be excepted from the general rule, but are only to be construed retrospectively when no other construction can be given without leaving the enactment of no effect, or when such a construction is a necessary implication from the language employed. Order reversed, with $10 costs, and motion for mandamus denied, with $10 costs. People ex rel. Pitts v. Supervisors of Ulster. Opinion by Potter, J.

WILLS.

Case stated under section 372 of the Code. One Kelly made his will, by the second section of which he devised all his property to his children, Mary Ann Kelly and James Kelly, share and share alike. The fourth section was as follows: "In case of the death of either of my said children, I devise my whole estate to the survivor, and, in case of the death of both, I devise all my property, or what may then be left, to James and Michael Kelly, sons of my brother Bernard, of New York, or the whole to the survivor of them." The testator died in 1852, his daughter died in 1854, and his son in 1866, both under age, without issue and unmarried. Between 1854 and 1866, Bernard and Thomas, testator's brothers, died. Bernard left surviving him the two defendants, his sons. Thomas left the plaintiff, his daughter.

Held, that words in a will will be supplied, in order to effectuate the intent of the testator as collected from the context. Cowenhoven y. Shuler, 2 Paige, 123. That it is not reasonable to suppose the testator intended to disinherit his grand-children, should he have any, as would happen by a literal construction of the fourth clause. That the words, "in case of the death of either of my children," imported a contingency, not a limitation. Hinckley v. Simmons, 4 Ves. 161; Lowfield v. Stoneham, 2 Stra. 1261; Cambridge v. Rous, 8 Ves. 12. That the contingency was limited to the death of the testator, that being the only period to which the word "death can refer by proper legal construction. 1 Jar

man on Wills, 468. That the children, therefore, each took a fee upon the testator's death. The whole became vested in James, upon Mary Ann's death, and Bernard's sons take nothing under the will. That the plaintiff and defendants, being the only heirs at law and next of kin of James, and all of equal degree of consanguinity, inherit equally. 1 R. S. 752; 23 Barb. 148; Pond v. Bergh, 10 Paige, 147. Judgment accordingly. Ann Kelly v. James and Michael Kelly. Opinion by Potter, J.; Miller, P. J., and Balcom, J., concurring in the result.

not previously studied. I am sorry that my time is too fully occupied to permit of my attempting to do justice to the unfamiliar suggestions.

This is certainly cool. This curious person is going to " change all creation," and is too busy to do justice to his views! Surely the International Association ought to allow him enough to live on, so that he might devote all his time and strength to the abolition of law and justice.-The Law Journal.

THE LAWYERS AND THE INTERNATIONAL. We have been favored with a copy of The International Herald, which is the most alarming sheet ever issued. The land, railways, mines, canals, buildings, ships, machinery, and the national debt, are to be bought up by "national notes issued by the national bank." What use the national notes will be when all the property in the country is to be held by the State we know not.

A dire future awaits the lawyers. They are "to be ineligible as members of parliament," because "a lawyer lives by law-breaking, and therefore should not be a law-maker." The only department of the law that the Internationalists know of is the criminal; and that, it is manifest, they do not in any degree understand. Not only are we to be kept out of parliament, but "no feed lawyer is to practice in public courts of law or justice!" In a word, the lawyer is to be abolished. "Qualified doctors, chemists, inventors, architects, surveyors, mechanics, agriculturists and miners to be employed by the State for the common welfare," but the lawyer is neither to be employed by the State, nor to be paid by individuals. But when we are internationalized there will be little need for lawyers. "All necessary household furniture, provisions, stores and working tools to be exempt from seizure for debt," and as all the property is to belong to the State, there will be no actions for debt, and no conveyancing. It is also decreed by The International that:

26. Crank, treadmill and other similar penal labor must be discontinued. The prisoners must be employed in the mines, on waste or other lands or in making shoes, clothing and other necessaries for the employés of the State. The profits, if any, upon each prisoner's labor, shall be paid to him upon his release. Upon the expiration of the term of imprisonment prisoners shall, if they desire it, be honorably employed in public works.

No criminal would be likely to defend himself, but would be ready to plead guilty. After a spell of regular work he is entitled to honorable public employment. These Internationalists know themselves and their friends, and we doubt not they are wise in desiring to abolish the administration of law and justice. However, we need not be in a hurry to sell our wigs, gowns, and books. The International is not yet dominant. Indeed, the gentleman who is kind enough to issue the proposals from which we have quoted is too much occupied to finish off the revolution just at present. He says:

In the thirty-seven propositions I have made will be found many with which most of my readers will be familiar, and also a few which I have never known to be publicly discussed. I may say that I have been careful not to include any proposition which I have

THE FALL BOOKS.

From publishers' announcements of forthcoming law books, it would seem that a lively fall trade is anticipated. Baker, Voorhis & Co. announce no less than nine different works, comprising, besides Blatchford's and Benedict's Reports, new editions of Wigram on Wills, Waterman on Set-off, Sedgwick on Statutory and Constitutional Law, also on Damages, Mitford's Chancery Pleadings, and two new works, one by Mr. Bump, on Fraudulent Conveyances, and the other by J. W. Daniels, on Negotiable Instruments. Kay & Brothers have in press new editions of Purdon's Digest, Sergeant & Rawle's Reports, Wharton & Still's Medical Jurisprudence, Hilliard's New Trials, Sugden on Vendor and Purchaser, Hood on the Law of Executors, Saunders on Pleading and Evidence, Williams on Executors and Administrators. They will also shortly issue the second volume of Bishop on Married Women, Rand & Furness on Poisons, and Redfield on Corporations. T. & J. W. Johnson & Co. have in press the Law of Appellate Proceedings, Smith's Leading Cases, seventh American edition, and the 118th volume of English Common Law Reports. Little, Brown & Co. announce volume two of the United States Digest, new series, a new edition of Story on Contracts, also of Bishop's Criminal Law, and the seventh volume of De Gex, MacNaughten & Gordon's Reports. Gould & Sons will shortly issue Wait's New York Practice, Tyler on Usury, Pawns and Pledges, a Handbook of Criminal Law, and volume 4 of Wait's New York Digest.

ROBBERY OF INDIAN RECORDS.— A robbery, which is likely to cause considerable inconvenience, has been discovered in the Bombay high court. A number of documents of the court, and records for a period of fifteen or sixteen years, have been missed for some time past, and a Sepoy employed about the court was suspected of stealing them. A watch was set upon him, and he was found to go to the record room in early morning, and, having got possession of keys that fitted the cabinets, to open these and abstract papers. The fellow, whose name is Gunnoo, must have been carrying on his thievish tricks for a considerable time, for the quantity of papers, of one kind or another that he has removed, is enormous. It appears that he was in the habit of selling the precious court documents as waste paper, so that it is pretty certain none of them will ever be recovered. Some time ago Mr. Macpherson's private box, kept in his chambers, was forced, and suspicion now rests upon this patawalla. A complete file of the Government Gazette for the last three or four years is missing from the office of the court reporter.Homeward Mail.

COMMISSION OF APPEALS.

ALPHABETICAL LIST OF DECISIONS IN THIS COURT FROM 1ST JULY, 1870, TO AND INCLUDING 21ST JUNE, 1872.

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