intention of the testator; and the court will control his judgment and discretion to the extent of compelling an honest exercise thereof: Bacon v. Bacon, 55 Vt.

UNITED STATES.

Customs Duties-Drawback on Articles for Export made of Imported Materials-Power of Secretary of the Treasury-Jurisdiction of Court of Claims.-Under the Act of Congress of August 5th 1861, the exporter of articles manufactured from imported materials was entitled to a drawback equal in amount to the duty paid on such materials, less ten per cent., "to be ascertained under such regulations as shall be prescribed by the secretary of the treasury." The regulations were duly established by the secretary; but in this case the collector, under instructions from the secretary, refused to do the acts required by such regulations to entitle the exporter to the drawback: Held, 1. That the right conferred on the exporter by the act of congress could not be thus defeated. 2. That the Court of Claims had jurisdiction of such a claim, as it was founded on a law of congress and the facts raised an implied contract that the United States would refund to the importer the amount he paid to the government: Campell et al. v. The United States, S. C. U. S., Oct. Term 1882.

Customs Duties-Goods not specifically enumerated. Under sect. 2499 of the Rev. Stat. U. S., when an article is found not enumerated in the tariff laws, the first inquiry is whether it "bears a similitude either in material, quality, texture or use to which it may be applied, to any article enumerated; if it does, and the similitude is substantial, it is to be deemed the same and charged accordingly. If nothing is found to which it bears the requisite similitude, an inquiry is to be instituted as to its component materials, and a duty assessed at the highest rates chargeable on any of the materials: Collector v. Fox, S. C. U. S., Oct. Term 1882.

UNITED STATES COURTS. See United States.

Jurisdiction--Question arising under Constitution and Laws of the United States-Removal of Causes.-An Illinois statute was construed by the Supreme Court of Missouri and that decision afterwards pleaded by way of estoppel in another suit, in a state court of Missouri, between the same parties, where precisely the same question was raised. An allegation was made that full faith and credit had not been given to the public acts of the state of Illinois by the decision in question, and the suit removed to the United States Court. Held, that any mistake in the decision of the first case could only be corrected by a proceeding instituted directly for the purpose, that the operation of the judgment in that case as an estoppel in this did not depend on the constitution or laws of the United States, but on the effect of a judgment under the laws of Missouri, and that there was consequently no right of removal: Railroad Co. v. Ferry Co., S. C. U. S., Oct. Term 1882.

WILL.

Perpetuity-Fund for Preservation of Monument.-A provision in a will, establishing a fund for the preservation, adornment and repair of

a private monumental structure, creates a perpetuity for a use not charitable, and is void: Bates v. Bates, 134 Mass.

A right, given by a will, to sell property for an object which cannot be accomplished, cannot itself be exercised: Id.

Cancellation-Revival of Former Will-Intention-Declarations of Testator. If a will, which was duly executed, and which contained a clause expressly revoking former wills, is cancelled, it is a question of intention, to be collected from all the circumstances of the case, whether an earlier will, which has not been destroyed, is revived by such cancellation; and in the absence of affirmative evidence that the testator intended to revive the earlier will by the cancellation of the second, the earlier will will be held not to be revived: Pickens v. Davis, 134 Mass. Oral declarations of a testator, made after the cancellation of a will, are admissible in evidence for the purpose of showing whether he thereby intended to revive a former will which has not been destroyed: Id.

LIST OF THE PRINCIPAL NEW LAW BOOKS.

BARBOUR.-A Treatise on the Criminal Law and Criminal Courts of the State of New York. By O. L. BARBOUR. 3d ed. 2 vols. 8vo., pp. 1555. New York: Banks & Bros.

BEST.-The Principles of the Law of Evidence, with Elementary Rules for conducting the Examination and Cross-examination of Witnesses. By W. M. BEST. From seventh English edition, by CHAS. F. CHAMBERLAYNE. pp. 759. Boston: Soule & Bugbee.

8vo.

BOONE. A Manual of the Law of Real Property. Including, also, General Rules of Law relating to the Purchase and Sale of Real Property, or Law of Vendor and Purchaser, as determined by the Leading Courts of England and the United States. By C. T. BOONE. 18mo., pp. 536. San Francisco: Sumner, Whitney & Co.

BROWNE AND STEWART.-Reports of Trials for Murder by Poisoning, by Prussic Acid, Strychnia, Antimony, Arsenic and Anconitia. Including the Trials of Tawell, W. Palmer, Dove, Madeline Smith, Dr. Pritchard, Swethurst and Dr. Lamson, with Chemical Introduction and Notes on the Poisons used. By G. L. BROWNE and C. G. STEWART. 8vo., pp. 604. London: Stevens & Sons.

CHITTY.-Chitty's Index to all the Reported Cases decided in the Several Courts of Equity in England, the Privy Council and the House of Lords, with a Selection of Irish Cases. 4th ed. Wholly Revised, Re-classified and brought down to the date of Publication. By W. F. JONES and H. E. HIRST. VOL. I. 8vo., pp. 1042. Boston: Soule & Bugbee.

CUNYNGHAME.-A Treatise on the Law of Electric Lighting. With the Acts of Parliament, and Rules and Orders of the Board of Trade, a Model Provisional Order and a Set of Forms. By HENRY CUNYNGHAME. Svo., pp. 295. London: Stevens & Sons.

HARRISON.--An Epitome of the Laws of Probate and Divorce. By J. C. HARRISON. 2d ed. 8vo., pp. 210. London: Stevens & Haynes.

LAWSON.-Leading Cases Simplified, a collection of the Leading Cases in

Equity and Constitutional Law. By JOHN D. LAWSON. 8vo., pp. 311. St. Louis F. H. Thomas.

MALONE. A Treatise on Real Property Trials, showing the difference between the old Action of Ejectment and the Action to Record Real Property, embracing the Procedure, the Principles of Law and the Rules of Evidence which prevail in Real Property Causes, both in Law and Equity, and the Nature and Mode of enforcing Trusts (either Express or by Implication) with which Real Property may be charged. Including the Doctrine of the Wife's Separate Estate in Lands, and the Rights, Incidents and Liabilities of the same; and her General Rights to Real Estate under Recent Legislation of the several States; the Widow's Dower; and a reference to the Legislative Changes on this question; Statutory Liens; their Effect, Nature and Incidents. By WILLIAM HENRY MALONE. 8vo., pp. 814. Washington: W. H. Morrison.

MAXWELL.-On the Interpretation of Statutes. By Sir P. B. MAXWELL. 2d ed. 8vo., pp. 688. London: W. Maxwell & Son.

MORGAN.-United States Import Duties under existing Laws and Decisions and Digest of the Tariff Laws. By SAMUEL T. MORGAN. 6th ed. 8vo., pp. 357. Baltimore: Cushings & Baily.

MORRELL.-A Popular Statement of the Law of Insurance, including Fire, Life, Accident and Marine Insurances; with special reference to the requirements of Fire Offices in cases where the Electric Light is used; together with Practical Directions to Persons desirous of becoming insured, and References to Important Legal Decisions. By C. F. MORRELL. 8vo., pp. 175. London: Henry Sweet.

OVERTON. A Treatise on the Law of Liens at Common Law, Equity, Statutory and Maritime. By D. Y. OVERTON. 8vo., pp. 817. New York: Banks & Bros.

RAPALJE. A Dictionary of American and English Law, with Definitions of the Technical Terms of the Canon and Civil Laws. By STEWART RAPALJE and R. L. LAWRENCE. 2 vols. 8vo., pp. 1380. Jersey City: F. D. Linn & Co.

SNYDER. A Collection of important Judicial Opinions by Eminent Judges. By W. L. SNYDER. 8vo., pp. 792. New York: Baker, Voorhis & Co.

STORY.-Commentaries on the Conflict of Laws, Foreign and Domestic, in regard to Contracts. Rights and Remedies, and especially in regard to Marriages, Divorces, Wills, Successions and Judgments. By JOSEPH STORY. 8th ed., by M. M. BIGELOW. 8vo., pp. 901. Boston: Little, Brown & Co.

THATCHER. A Digest of Statutes, Equity Rules and Decisions upon the Jurisdiction, Pleadings and Practice of the Circuit Courts of the United States. By ERASTUS THATCHER. 8vo., pp. 976. Boston Little, Brown & Co.

WHARTON.-Wharton's Law Lexicon; Forming an Epitome of the Law of England, and containing full Explanations of the Technical Terms and Phrases thereof, both Ancient and Modern. Including the various Legal Terms used in Commercial Business, together with a Translation of Latin Law Maxims, and Selected Titles from the Civil, Scotch and Indian Law. 7th ed. By J. M. LELY. 8vo., pp. 882. London: Stevens & Sons.

WILLIAMS.-The Tariff Laws of the United States, with Explanatory Notes, Citations from Decisions of the Courts and the Treasury Department. By C. F. WILLIAMS. Svo., pp. 193. Boston: Soule & Bugbee.

THE

AMERICAN LAW REGISTER.

NOVEMBER 1883.

THE REMEDIES FOR THE COLLECTION OF JUDGMENTS AGAINST DEBTORS WHO ARE RESIDENTS OR PROPERTY HOLDERS IN ANOTHER STATE, OR WITHIN THE BRITISH DOMINIONS.

WHENEVER a party who has obtained a judgment in one state or county has occasion to take proceedings for its enforcement in another, he finds--perhaps to his surprise-that his judgment as such has no extra-territorial force, but that in other jurisdictions it is merely evidence of a settled demand, upon which judgment must be obtained in a new suit before there can be process for its enforcement. A creditor cannot, for example, upon a judgment recovered in New York, have an execution in Pennsylvania; for courts issue executions only upon their own judgments; and while it would no doubt be within the competency of legislative power to authorize courts to issue final process upon the transcripts of judgments produced to them from other jurisdictions, it has not, either in the United States or in Great Britain, been deemed wise to do so. By international law judgments properly obtained are entitled to respect everywhere; but when relief is to be given upon them it must be given according to the local law and the local judicial practice; and this involves the necessity of obtaining judgment in the jurisdiction where process of enforcement is desired: McLure v. Benceni, 2 Ired. Eq. 513; s. c. 40 Am. Dec. 437; Savings Inst. v. Guber, 34 N. J. Eq. 130.

The fact of this necessity is always an embarrassment, and sometimes a very serious one. It may, indeed, in some cases prove

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state.

an insurmountable obstacle to any remedy whatever, outside the jurisdiction in which the judgment was rendered. Reason for this will generally be found in the nature of the judgment, and its dependence upon some condition or upon the local law where it was given. A judgment may be for the payment of money simply, or it may be for payment subject to conditions, or it may be for the performance of some personal act, such as the delivery of goods, the transfer of corporate stocks, or the conveyance of land, or it may simply affirm the title to property to be in one or the other of the parties. If it be a judgment for the payment of money simply, it will be received elsewhere as evidence of a debt, and judgment may be obtained upon it. But where a judgment is for payment on conditions, the conditions usually arise from something peculiar in the local law, and are likely to depend altogether upon it. But the local law cannot be taken with the judgment into another If a court has decreed the performance of some personal act, and the party has failed to obey, a court in a foreign state, where he may happen to be, will not undertake to compel obedience. A court in Georgia would not, on the footing of a decree made in Alabama, for the conveyance of Georgia lands, compel one of its citizens to make the transfer. If the transfer were actually made in pursuance of the decree, the transferree might protect himself in the enjoyment of the property under it: Penn v. Lord Baltimore, 1 Ves. 444; Massie v. Watts, 6 Cranch 148; Watkins v. Holman, 16 Pet. 25; Corbett v. Nutt, 10 Wall. 464; Wood v. Parsons, 27 Mich. 159; and if without obtaining conveyance he succeeds in acquiring the possession, the decree may, perhaps, be received as an equitable defence to any suit that may be instituted to oust him: Burnley v. Stevenson, 24 Ohio St. 474. But if the plaintiff in such a decree is compelled to invoke judicial aid to obtain in another jurisdiction the relief which the decree undertakes to give him, he may find, perhaps, that he is under the necessity of taking up the litigation anew and proving his case again. He may even find that while the court had ample jurisdiction for some purposes to make the decree the benefit of which he seeks, it had none for the purposes most important to him, and therefore he can take advantage of it only so far as he has succeeded in enforcing it in the state where it was rendered: Wakins v. Holman, 16 Pet. 25; Lewis v. Darling, 16 How. 1; Brown v. Easton, 23 Vt. 435; Salmond v. Price, 13 Ohio 368; Price v. Johnston, 1 Ohio