« EelmineJätka »
about ten acress of land, also at S., but at the date of see that the facts amount to a violation of law, and the his death the contract had not been completed. The prisoner to understand what it is he is to answer and question arose whether the mansion-house and ten disprove. Forsyth Cas. & Opin. ou Const. Law, 457, acres of land were comprised in the specific or the resi- 458; 2 Hawk. Pleas of the Crown, ch. 25, $$ 57, 60. It duary gift. Held, that they were comprised in the is the offeuse wbich is charged; that is, the act done, specific gift. The statute requires that the will should which is to be described in the indictment, and not show upon the face of it a contrary intention, that is, law which is alleged to be violated. Ignorance of the an intention that the after-acquired property should law is no excuse for its violation, by all authority, and not pass.
There are two) classes of cases of which the the reason is that every one is presumed to know what books contain examples: one where the words are not, it is. This indictment concluded “contrary to the strictly speaking, generic, but really describe a par form of the act of Assembly in such case made and ticular property which the testator had at the date of provided,” and that would seem to be all that is nechis will, among which Cole v. Scott, 1 Macn & G. 518, essary in such case. Hale in his Pleas of the Crown, may be ranked, where Lord Cottenham read the will vol. 2, p. 192, says the indictment need not set out the as ineaning “all the freehold and leasehold estates of statute unless it be a private statute, whereof the which the testator at the date of his will was seised or court cannot take notice. The same law is laid dowli entitled," and that, as Lord Hatherley says in Doug by llawkins' Pleas of the Crown, ch. 25, $$ 100, 101; las 4. Douglas, Kay 400, being a reference to something and in 1 Chitty Crim. Law, 276, 281, the same doctrine specific, would not be enlarged by the provision of the is maintained. In Bishop on Statutory Crimes, one of statute." On the other hand, such an expression as the latest publications upon criminal law, this state“all the lands of which I am seised in A.” must be ment is made: “It has been perfectly settled that read as if written just before the testator's death. Doe there is no necessity in any indictment on a public V. Walker, 12 M. & W. 591. So the word “ now”-any
statute to recite the statute upon which it is founded; property I now possess-read in the same mamer, for tho judges are bound ex-officio to take notice of all would pass all the property possessed by the testator public acts of Parliament, and where there are more at the time of his death. Wagstaff v. Wagstair, L. R., than one by which the proceeding can be maintained, 8 Eq. 229; Dickinson v. Dickinson, 12 ('hy. Div. 22; they will refer it to that which is most for the public Everett v. Everett, 38 L. T. Rep. (N. S.) 581; Chy. | advantage.” Bishop adds that if recital be attempted, Div. 428; Goodlad v. Burnett, 1 K. & J. 311; Ro Mid variance may vitiate, and therefore it is always advisland Ry. Co., 34 Beav. 523. Rearling therefore this able not to recite. Bish. Stat. Crim., § 393. Courts will as though it had been written immediately before are created to administer and enforce the law; therethe testator's death the words “in their present fore they do and must take judicial cognizance of all State” which occur in this devise must be taken to public laws. Whether the law has existence is for them refer to that period, and not to indicato an intention to say, just as fully as it rests with them to say that after-acquired property should not pass with suf whether the indictment is good or bad, or that the ficient clearness to amount to that contrary intention evidence to prove the offense alleged is legally admiswhich the statute requires. The real difficulty to my sible, or otherwise. To the courts alone belong the mind is to determine whether in fact this gist of specific right of saying whether a statute has been constituproperty contains general words which would pass landstionally and legally enacted. Legg v. Mayor, etc., of subsequently acquired, or whether it is, as Lord Cotten. Annapolis, 42 Md. 219; Hamilton v. State, ex rel. Wells ham considered to be the case in Cole v. Scott, supra, and llardesty, 61 id. 11. Ordinarily our laws require merely a description of certain specific property of nothing more than passage by the two Houses of the which the testator was possessed at the date of his Legislature and the signature of the governor, accomwill. I agree with the argument that the mode of panied with the great seal of the State, affixed in the trying this question is to suppose the testator at the presence of certain designated officers of the Legisladate of his will to have been possessed of the property ture, to make them operative. But the law under which he in fact subsequently acquired, and then to wbich this prosecution is made, after passage by the consider if the words are sufficient to pass it. They Legislature and approval in the method mentioned, certainly were not very apt words for that purpose l'equired submission to the people of Harford county The testator desiring to devise this mansion-house at a regular election, for their acceptance, before it would hardly describe it by the term he uses. However should become operative. And it is the omission to the word “land” is quito largo enough to include it, stato in the indictment that it became operative and as the words are all my land at Stour Wood,” ] through the observance of all the formalities prescribed do not see that it could be held on any true principle in the law, which is the ground of demurrer. It was of construction that this property would not pass.
decided in this court in Hammond v. Haines, 25 Md. Probably the testator had no intention in the matter. 578; Fell r. State, 12 id. 71; and in ('rouse v. State, 57 Perhaps he did intend this property to go to his id. 328, that a law like the ono now involved becomes a son. I cannot tell. Towever he has not indicated valid law of the State so soon as it received the approthat contrary intention required by the statute with val of the governor in constitutional form, notwitbsufficient clearness to enable me to say that this prop standing its operation was deferred till a future time, erty did not pass. There must be a declaration that and was made entirely dependent upon the acceptance the property in question passed by the specific devise. of tho samo by a majority of the ballots of voters at an Iligh ('t. of Just. Portal v. Lamb. Opinion by Kay, election for the purpose of ascertaining their wil. J. [51 L. T. Rep. (N. S.) 39:2.]
Maryland ('t. of App. Slymer v. State. Opinion by
Irving, J. [62 Md. 237.]
OCR NEW YORK LETTER.
INDICTUENT-PLEADING PUBLIC STATUTE – JUDICIAL NOTICES/PUBLIC LOCAL LAWS.–The ('onstitution of the United States guarantees in criminal prosecutious the accused shall enjoy the right to be informed of the nature and cause of the accusation, and so does the bill of rights of this State. Lori Denman says that the first principles of tho law require that such charge be so preforred as to enable the court to
POINTS ON JAPANESE LAW. [Suggested by a l'erusal of W. S. Gilbert's “ The Mikado, or
the Town of Titipu.''] I have just received from a friend of mine in London the libretto of Gilbert and Sullivan's latest, “The Mik
ado; or the Towu of Titipu," now running successfully at the Savoy and to be produced at our Standard Theatre in October. While perusing this libretto I was struck with the intimate knowledge of Japanese law and legal functionaries which Mr. Gilbert displays therein. As we are comparatively ignorant in these matters I have thought that some points concerning tbem, stated in Mr. Gilbert's luminous phraseology, would be of interest to your readers. The easiest manner for me to give them in intelligent sequence is by a running account of the story of the “Mikado,'' with extracts from such points as relate to Japanese laws and legal functionaries.
Nanki-Poo, the son of the Mikado, but who has disguised himself as a wandering ininstrel in order to press his suit for the hand of Yum-Yum, the ward of a tailor uamod Ko-Kio, whom the latter wishes to marry himself, has after an absence from Titipu returned to that place to renew his suit because he has heard that k'o Ko had been condemned to death for flirting. On arriving at Titipu he is surprised to find that Ko-Ko, instead of having been executed, has been reprieved and exalted to the rank of Lord High Executioner. The circumstances of the pardon and elevation of Ko-K'o aro explained by Pish- Tush, a nobleman, in verses which convey the following information concerning the Japaneso law against tlirting, and an ingevious device for evading it:
Our great Mikado, virtuous man,
Resolved to try
A plan whereby Young men might best be steadied. So ho clecreed, in words succinct, That all who flirted, leereil, or winked (Unless connubially linked), Should forthwith be beheaded.
Nunk. What if I should prove that, after all, I am no musician. Yum. There, I was certain of it, directly I heard you play.”
Ko-K'o's happiness over his approaching nuptials with Yum-Yum is clouded by the receipt of a document from the Blikado preambling that no executions have taken place in Titipu for a year, and concluding that unless one takes place in a month k'o-Ko shall lose his office. The executioner consults with his advisers as to whom he shall execute. One of them, Pooh-Bah, replies with irresistible logic: “Well, it seems unkind to say so, but as you're alreally under sentence of death for flirting, everything points to you."
Ko-Ko acknowledges the force of this argument and is in despair. Suddenly however he hits upon a way out of the difficulty. Vanki-Poo does not care to live any longer, having lost all hopo of marrying I'um- yum. Ko-Ko requests him to allow himself to be executed and he consents, provided he is allowed to be l'uml'um's husband for a month. This is agreeil to, and the act closes with a general chorus of re'oicing.
The second act takes place in ko-ko's garden. Yum-l'um is engaged on her bridal toilet. Ko-Ko enters excitedly and announces that he has just ascertained that according to the likado's law, when a married man is beheaded his wife is to be buried alire. Yum-Yum objects to being buried alive at her husband's execution only a month after the date of her marriage, because it is “such a stuffy death." NankiPoo magnanimously renounces her and furthermore consents to be executed at once in order that koko may remain in good standing with the Mikado whoso unexpected approach is heralded. There is howerer another hitch, Ko-ko is só tender hearted that he cannot bear to kill an insect, let alone Vunki-Pon, so he decides to let Vanki-Poo and Yum-Yu, without whom Vanki refuses to continue in this dreary world, escape and then to make aflidarit before the Mikado that the execution has taken place.
This plan would have worked very well, except that the Mikado knows of his son's disguise', and on realing the name Vandi Poo in the death warrant he accuses Ko-Ko of having compassed the death of the heir apparent.
“I forget the punishment," says the Mikado meditatively. “Something lingering, with boiling oil in it, I fancy. I think boiling oil occurs in it, but I'm not sure, I know its something humorous, but lingering, with either boiling oil or Inelted lead.
Ko-Ko, If your majesty will accept our assurance, we had no idea – Jlik. I'm really very sorry for you, but it's an umjust world, and virtue is triumphant only in theairical performances."
Fortunately however Vienki-Poo and lum-lum are overtaken by messengers from toko. Vimki-Poo consents to return is ko-ko will marry kutisha, who has been pursuing Vinki for years, and free him from her importunities. kulishu is not beautiful of face, but she has, to use her owu words, a left shoulder blade that is a miracle of loveliness, and her circulation is the largest in the world. koky agrees to marry her, and on the return of Vunki-Pou, is parcloned. The ingeniously explains his aflidavit concerning Vaki-l'vo's execution to the Mikado.
When your majesty says, 'Let it thing be done.' it's as good as done-practically it is done-because your majesty's will is law. Your majesty says, 'Kill a gentleman,' and a gentleman is tolil v11 to be killed. ('onsequently that gentleman is as good as dead-practically he is dead-and if he is dead, why not say
Pish-T'ush then goes on to explain that so many exocutions took place that the following ingenious device was employed to counteract the statute:
And so wo straight let out on bail
Whose head was next
On some pretext Condemned to be nown off, And made him headsman, for we said "Who's next to be decapited Camot cut off another's head Until he's cut his own off."
It is further explained in prose that “our logical mikado, seeing no moral difference between the dignified judge who condemns a criminal to die, and the industrious mechanic who carries out the sentence, has rolled the two oflices into one, and erery judge is now his own executioner."
l'um- lum and Vanki-Poo manage to meet mobserred. In the course of their conversation some interesting Japanese legal points are developed when Bum Bum tells VankiPoo that she does not love ko-Ko; yet it would do no good to refuse him because he is her guardian, and would not allow her to marry SumkiPoo. The latter says: “But I would wait until you were of age.
Yum. “You forget that in Japan girls do not arrive at years of discretion until they are fifly. Vunk. True, from serenteen to forty-nine are considered years of indiscretion."
They continue in a strain which shows the strong feeling of caste prerailing in Japan:
"l'um. Besides a wandering minstrel, who plays al wind instrument outside tea-houses, is hardly a fitting husband for the ward of a Lord IIigh Executioner.
Of course the Mikado sees the logical force of koko's argument, and all ends happily.
Do you not agree with me that the lawyers of En there were no means of lessening this expense and glish speaking countries are indebted to Mr. Gilbert trouble. I expect to show however that all the useful for the insight he has given them into the laws of purposes of notices of lis pendens iu foreclosure cases Japan? And if these laws can be so interestingly might be accomplished with very much less expense stated, why should not writers on English and Ameri and trouble. can law endeavor to adopt Mr. Gilbert's charming lit What does a lis pendens in foreclosure effect? erary style? How interesting the study of law would 1. It fixes the time from which all subsequent purthen become !
chasers and incumbrancers of the mortgaged property GUSTAV KOBBE.
are bound by the decree, whether parties to the action
or not. CORRESPONDENCE.
2. It gives constructive notice to all persons who may contemplate acquiring an interest in or lien upon the
mortgaged premises that an action has been comLOST WILLS.
menced, the consequence of which is that if it is still Editor of the Albany Law Journal :
in progress the burden of the mortgage is increased by As you are publishing some articles on the subject of a bill of costs; if it is concluded the equity of redemplost 'wills, a case to appear in the 57 Vt. may be of
tion is cut off. interest. A testator gave by will his real estate to A. Now the time of commencing an action with referand B., his two children and only heirs, and $600 to ence to determining the proper and necessary parties three other persons, who were not heirs, and made the can be just as well fixed by filing the complaint as by $600 a charge on the land given to B. The will was the lis pendens. So nothing more need be said on that contested, but was established by the Probate Court; point. and B. appealed to the County Court. Just before If the exact time of filing a complaint for foretrial the two heirs, being the only parties in court, en closure is noted upon it and in the clerk's register, and tered into an agreement by which judgment should be a reference to the complaint is made in the margin of rendered disallowing the will, and that they would the mortgago, all the purposes of the lis pendens will then divide the property between themselves.
be accomplished, and in a much better way. It would Accordingly judgment was rendered disallowing the only be necessary, in order to abolish lis pendens in will, and this was certified back to the Probate Court, foreclosure cases, to provide by law that if the comand affirmed; and A. and B. divided the estate be plaint is filed in the office in which the mortgage is retween them, wholly ignoring the other legatees, who corded, the clerk shall forthwith note in the margin of were minors and unrepresented. B. holding posses
the latter a reference to the former. If in another ofsion of the land, two) of the minors having become of fice the plaintiff's attorney should be required to file a age, and a guardian appointed for the third, a bill in notice of the filing of the complaivt in the office where equity was brought to charge the $600 on B.'s land. the mortgage is recorded at least twenty days before Held, that although by statute all wills are to be judgmont is entered. Such a notice need not be reproved and allowed by the Probato Court, the Court corded or indexed, but from it a reference to the comof Chancery had jurisdiction; and that the $500 should plaint may be mado in the margin of the record of the be made a charge on the real estato received by B.; mortgage. and this on the ground that the transaction was fraud In brief, my suggestion is to substitute for the lis ulent. The court say: "As between the parties to this pendens a reference in the margin of the mortgage to cause, the will may well be considered as proved in the complaint. This would do away with an enormous the Probate ('ourt, and the appeal vitiated by the mass of useless writing. It would reduce thenceforth fraud."
the records and indices of lis pendens to one-tenth of Without examining the authorities, it seems to me
their present dimensions, and very greatly facilitate that the facts in this case are somewhat novel, and you the examination of them. It would be a public benemay think the above worih publishing.
fit, but as it would involve some loss to county clerks Yours truly,
and their subordinates, of course there would be a EDWIN F. PALMER,
fierce opposition to the adoption of any such reform. [Reporter of the l'ermont Supreme Court.-Ev.]
Actions for special performance of recorded contracts WATERBURY, V't., Jay 17, 1885.
to convey real estate might be governed by the same rule. In short, whenever an action is brought to obtain, perfect, or secure a right, which a party claims
by virtue of an instrument of record, a reference to LIS PENDENS IN FORECLOSURE SUITS.
the complaint, in the margin of the record, should Editor of the Albany Law Journal :
answer the purpose of a lis pendens.
SAMUEL HUNTINGTON, Any attorney who has examined titles to real estate in New York city nust have observed the enormous
NEW YORK, May 22, 1885. number of notices of the pendency of actions in the county clork's office. There is a room full of them, and the number is increasing with great rapidity. It
NOTES. is a common thing for scores of them to be returned on a search, and the number somotimes runs up into For legal information and grammar the Tribune the hundreds. An attorney is required sometimes to “takes the cake.” It recently informed its readers spend days in examining those notices, ninety-nine that the Lord lligh Chancellor has compelled a man per cent of which relate to foreclosure cases, and have to pay for an injury to another man's broken head, nothing to do with the title he is investigating. The caused by stumbling over a matting spread across the nuisance is only appreciated by those who have per sidewalk in front of the defendant's residence on some Bonally experienced it. I suppose the same state of festive occasion. His Lordship was probably holding things exists proportionately in the other counties of circuit for some common-law friend. And the the State. Of course the expense of recording, binding, Tribune makes Mr. Cleveland” hold two offices at indexing and preserving all these notices is great, but once. It says: “As the chief-justice of a territory, it would have to be endured, and the lawyers would he selects the most conspicuous law-breaker and lawhave to submit to the drudgery of examining them if defier of that territory."
The Albany Law Journal.
‘Lord Coleridge – If a person puts any thing across the pavement and a person stumbles over it;
the owner is liable for the consequences. ALBANY, JUNE 6, 1885.
senger is not bound to look for mats on the high
way. Ile may look at the stars if he likes. CURRENT TOPICS.
Mr. McIntyre Ile inay run his head against a.
lamp-post. E once warneil our judges of the Court of Ap Lord Coleridge – The lamp-post is rightfully peals of the dangers of riding to court on
there, but any one who has a mat or carpet spread horseback. We are glad to see that our warnings
over the pavement must take care of it. took effect; that going to Saratoga on horse back has
Mr. McIntyre— The passenger may be guilty of been discontinuci. But yet the practice producent contributory negligence. its legitimate result in the threatene degradation of Lord Coleridge – Possibly, but he is not bound Judge Andrews to the governorship of this State.
to look for mats on the pavement, and his not lookThe judge has had the self-respect to deny the im- ing for them is no evidence of negligence. Probably peachment. And now there reaches us from Pennsyl
there was light enough for him to see the mat if he vania the rumor of a more fearful danger. One of the
looked for it, but he was not bound to look for it; newspapers has a column filled with a report of the
lie may look at the stars if he pleases — if he can intended summer-retreats of members of the Phila
see them.'” But no one can see the stars in London, delphia bar, and an account of the horses and car
off the stage, even if he can see the lamp-posts, riages thereof “equipages,” it calls them. This is by reason of the fog. And if he could, and should more anti-Democratic than gowns. Nothing so hu
stumble over one of those wedding carpets, he miliating has threatened our institutions in many a
would verify the poet's assertion: “The undevout day. What a sall from the simple and sinless time
astronomer is mad." when Thomas Jefferson ticed that historic fence to his nay on Capitol Hill on inauguration-day! It may
And still they come.
“ The Terus ('ourt Reporter” be permitted a lawyer to ride in a Brougham, per:
is the name of the last-born legal periodical. It is haps—there seems a happy appropriateness in that-
a well printed octavo, of 01 pages, and is published but to think of a lawyer in (or on) a four-in-hand,"
at Austin. It answers its title strictly, being taken attended by outriders, tigers, and the like, fills us with
up with reports of Texas cases. These appear to be distrust and dismay. How can such a lawyer hope
well reported. We welcome the new-comer to what to get clients ? --- unless indeed, on the principle cheer there is afforded. We only hope that Texas adopted by Commodere Vanderbilt in hiring railway reporting will not be overdone as the West Coast conductors for an obvious reason he preferred reporting is. Not that we have any objection to those who were already provided with fast horses,
the success of all. But we know from observation gold watches, and the like. Our code-opponents of
that so much journalizing in one locality can but the New York City Bar Association will join with
prove the truth of the adage of Solomon — or some
other wise man us, we are sure, in frowning down this dangerous
- that “riches have wings,” and innovation. They cannot in decency print any more
next to fancy farming, legal publishing is the most pamphlets agairist the code--now why not appoint
certain Icarian levice. Every locality ought to a committee to denounce this horse display? Mr.
have and support one legal journal. To expect or
IT Carter, we infer, must be opposed to any thing ask for more is to put one's trust in princes. drawn by more than one beast. Let us all draw only we could induce the new fledged lawyers to our own conveyances.
save the expense of their “- banquets" and invest it
in a good legal journal, even the new journals IIerc is bad news from London for heedless young might be prosperous. Prof. Dwight's last class of people intending to be married in church, and care
one hundred and thirty-one, and that of the Uniless old people giving house parties. The Canada versity of New York of thirty-one, and that of Legal Nors says: “ The practice of laying carpets or
Albany of some fifty, would make up a highly repieces of matting in front of houses in which enter
spectable if not too numerous roll. Never mind, tainments are being given has come under judicial | brethren; there are good times ahead, for this year, notice in three recent cases tried before Lori Chief
at least, for we are not to have general codification Justice ('oleridge in London. In De Tyron v. Wire
at present. ing, the latest of the three suits, the defendant, having an entertainment at his house in Grosvenor It is highly important just now to know what Square, had spread a matting across the sidewalk " vacation "is, and yet the judges of Illinois have for the benefit of his guests. The plaintiff while been disagreeing about it. One judge dissenting, passing by tripped in the matting and fell down. they hold, in Conkling v. Ridgley, 112 Ill. 36, that IIe alleged injuries, sued for damages and obtained “where the ('ircuit Court adjourned over for thirtya verdict for $300. The following colloquy, which two days, the period in which the court did not sit took place between the chief justice and the coun and do business was "vacation," but it did not emsel for the defendant, sums up the law on the sub brace all the time the court was not actually in sesject:
sion, or the time of adjournments from day. This VOL. 31 - No. 23.
was held as to entering judgment by confession in but this does not so clearly appear. It is true that “vacation.” The court disregard the common-law custom and usage are not permitted to have effect definition - "all the time between the end of one when they contravene any established rule of law. term and the beginning of another,” and conclude 2 Greenl. on Ev., $ 249. And that usage cannot that recess is vacation. This will not be concurred alter the law. Thompson v. Riggs, 5 Wall. 663, 980. in by our school-boys.
And further, that a clear, certain and distinct contract is not subject to modification by proof of cus
tom. Americans have contributed a bust of the poet
Such a contract disposes of all customs and Coleridge to Westminster Abbey, Mr. Lowell practices by its own terms, and by its terms alone making the presentation address, and Lord Cole
is the conduct of the parties to be regulated and ridge responding for the family. His lordship's their liability to be determined.' Simmons v. Law, remarks were characterized by an excess of modesty,
3 Keyes, 217. It is true also that usage is admisfor every one will recognize the propriety of choos
sible to explain an ambiguity, but it is never reing so distingnished a member of a family char
ceived to contradict what is plain in a written
another acterized by genius, and so elegant and liberal a
contract, although this is a repetition man of letters, to receive the memorial. Americans
form of the doctrine already expressed. Collender have also given a window to the new Shakespeare
v. Dinsmore, 55 N. Y. 200; S. C., 14 Am. Rep. 224; memorial building at Stratford on Avon, and the
Barnard v. Kellogg, 10 Wall, 383, 391 ; Bradley v. librarian calls for contributions of American
Whecler. 44 N. Y. 495; Walls v. Bailey, 49 id. 464; Shakespearian literature to the library. American
S. C., 10 Am. Rep.407; Wheeler v. Newbould, 16 N..Y. lawyers ought to be well represented there — Judge
392. But these rules are uot applicable to the transIIolmes, who is as skeptical of Shakespeare as Mrs.
action in question, for the reason that the contract Prig was in regard to the existence of Mr.
is not expressed in the instrument by which the Gamp's Mrs. Harris; Mr. Appleton Morgan, deposit was made. It is a direction to the People's who is of the way of thinking, we
Bank to pay to the defendant a certain sum of money believe, although president of a
whether for the benefit of 'the holder or the drawer
Shakespeare society in the city of New York; Mr.
does not appear from the contract itself, although Ileard and Judge Davis who have written
as already suggested, the fair inference is that it was Shakespeare's legal acquirements; and Mr. Cowen,
intended as a transfer from one depository to another, who has impugned the law of Shylock v. Antonio
and although the purpose of such transfer, it must these should all immortalize themselves by contrib
be conceded, was not expressed and does not appear uting their researches.
inferentially or otherwise. The transaction is however converted into a well-understood contract by
force of the usage, if it existed as asserted by the The following is a summary statement of the busi- defendant, for the reason that the presenter has the ness of the Supreme Court of the United States for right under its efficacy to require the application of the October Term, 1884, which closed on May 4th. it as he desires. The language employed in the Number of cases on the docket at the close of Oc
case of Wells v. Builey, supra, elucidates and contober Term, 1883, not disposed of, 845 ; number of trols. It is there said 'every legal contract is to be cases docketed during October Term, 1884, 470; | interpreted in accordance with the intention of the total, 1,315. Number of cases disposed of at the parties making it.' A usage (with a limitation term jnst closed, 464; number of cases remaining hereafter noticed), when it is reasonable, uniform, undisposed of, 861; total, 1,315. Number of cascs well settled, not in opposition to fixed rules of law, continued under advisement from October Term, and not a contracliction of the express terms of the 1883, 10; number of cases argued orally, 196; | contract, is deemed to form a part of the contract, number of cases submitted, 119; number of cases and to enter into the intention of the parties. continued, 16; number of cases passed, 8; total, Parties are held to contract in reference to the law 349. Number of cases aflirmed, 199; reversed, 97; , of the State in which they reside, for all men being dismissed, 39; docketed and dismissed, 27; ques bound to know the law are presumed to contract in tions answered, 2; settled and dismissed, etc., by reference to it. And so they are presumed to conthe parties, 85;
dismissed in vacation, under 28th tract in reference to the usage of the particular place rule, 15; total, 464. Number of opinions deliv or trade, in or as to which they enter into an agreeered, 272.
ment, when it is so far established and so far known
to the parties that it must be supposed that their NOTES OF CASES.
contract was made in reference to it. Applying
these principles it must be assumed that Dr. Sims N Sims v. Uniteil States Trust Co., 35 Ilun, 533, it knew when he gave Mr. Crowell the check, there
was held that evidence of a custom of bank and being no restrictive indorsement, that the latter had trust companies to accept checks to their own or the right to direct the application of it in such way der, and not restricted as cash, was admissible. The as he thought proper. The usage embraced this court said: “It is contended by the learned counsel right and authorized him to demand its recognition for the plaintiff that this custom overrides the law, by the defendant,”