proportion of the expenses, he has no lien on the ship for the balance due him; but the interest of the other in the ship, at least to the extent of his advances, is liable to attachment at the suit of other creditors. Merrill v. Bartlett, 6 Pick. 46. SPANISH TREATY. See COMMISSIONERS UNDER THE SPANISH TREATY.

STATUTES OF THE UNITED STATES.

Where the statute incorporating a bank provided that the capital stock may consist of $500,000, divided into shares of ten dollars each,' it was held that the bank might legally go into operation with a less number of shares. Minor v. Mechanics' Bank of Alexandria, 1 Pet. 46.

See LAND AND LAND TITLES.

STATUTES.

An act of the territorial legislature of Florida, erecting a court, which proceeded in conformity with the statute to decree, for salvage, the sale of the cargo of a vessel that had been stranded, and which cargo had been brought within the territorial limits, is not inconsistent with the laws and constitution of the United States; and consequently a sale of the cargo, in pursuance of the decree, changed the property. The American Insurance Company v. Canter, 1 Pet. 511.

SURETIES.

Where the principal in a bond to the United States had been imprisoned under a ca. sa. in favor of the United States, and was discharged from his imprisonment by order of the Secretary of the Treasury, on his surrendering his property for the use of the United States, in conformity with the statute of the United States of June 6, 1798, it was held that this discharge from imprisonment did operate as a release of his sureties. United States v. Stansbury, 1 Pet. 573.

See BOND, 5.

TRUSTS AND TRUSTEE.

1. Where a deed of land to a trustee directs him to sell it at public auction, he is bound to sell in that mode. Greenleaf v. Queen, 1 Pet. 138.

2. But if the trustee sells it by private sale, and afterwards has it fairly sold at public auction, in order to make a title to the private purchaser, at which time more is bid than the private purchaser had agreed to pay, and possession is delivered to him at the agreed price, the sale is not void, and he cannot refuse to perform his part of the contract; although the trustee may be liable to those interested in the proceeds of the sale, for the amount bid at auction. Ib.

See BANK.

TRUSTEE PROCESS. See FOREIGN ATTACHMENT.

TURNPIKE.

The owner of the soil over which a turnpike road is laid out, may maintain trespass against a servant of the corporation for taking the herbage. Adams v. Emerson, 6 Pick. 57.

UNITED STATES. See PRIORITY OF The United STATES. USURY.

1. When notes are discounted by a bank, for which instead of cash it gives its own note payable at a future day without interest, while such bank notes are at a discount of one and a half per cent. in the market, the transaction is usurious. Gaither v. Farmers' and Mechanics' Bank of Georgetown, 1 Pet. 37. 2. The statute of Maryland declares all bonds, contracts, and assurances whatever, taken on an usurious contract, to be utterly void.' The endorsement of a note, for an usurious consideration, is a contract within the statute, and void. Ib. 3. The endorsement of a note of a stranger as security for an usurious loan, is a void contract, and passes no property to the endorsee in the note; and the subsequent payment of the original note for which the security was given, and the repayment of the sum received as usury, will not give legality to the transaction. Ib.

4. A note free from usury in its origin, is not tainted by a subsequent transfer of it for a usurious consideration; but the person who acquires it through the usurious transaction cannot maintain a suit on it against any party to it. Ib.

VARIANCE. See PLEADING, 4.

VENDOR AND PURCHASER.

1. Where a person purchases land from a trustee, which is subject to the dower of a widow, of which he might be informed, by using proper diligence, a court of equity will not interfere to relieve him, but will leave him to any legal remedy to which he may be entitled. Greenleaf v. Queen, 1 Pet. 138. 2. A bank offered to sell two lots of land to A at a stipulated price, payable at such periods as the bank should appoint; A wrote to the bank agreeing to the price, and proposed to pay in six quarterly payments, the first payment October 1, 1818, giving his notes, and taking a deed from the bank; or to pay at the same times, taking a bond from the bank conditioned for the conveyance of the property when the money should be paid; on this letter the president of the bank wrote, 'accepted, interest on each note as it becomes due;' A took possession of

the land June 1818, but subsequently relinquished it: on October 7, 1818, A offered in writing to pay the first instalment, and requested a bond for the conveyance; and May 8, 1821, he wrote to the bank, stating that he considered his agreement void; September 28, 1821, the bank tendered deeds of the land to A. In an action by the bank against A, declaring on an agreement by him to purchase, the court was divided on the point whether any contract was concluded between the parties; but it was held, 1. That the undertakings of A and the bank were dependent, and that the bank could not sue without showing a performance of the contract on its part: 2. That the tender of a deed by the bank not being made by the day the last instalment fell due, was too late: 3. That A's letter relinquishing the contract, being written after the time for making a conveyance, could not excuse the neglect of the bank to make a tender at the proper time: 4. That the possession taken of the lots by A could not prevent his abandoning the contract on the bank's neglecting to give him a title. Bank of Columbia v. Hagner, 1 Pet. 455.

See TRUSTS AND TRUSTEE.

VERDICT.

Where a special verdict was found, on which judgment was to be entered according to the opinion of the court upon a certain deed and other evidences of title; but the verdict did not set forth the deed or evidences of title. A deed formed a part of the bill of exceptions in the case: The Supreme Court, as they could not judicially know that this was the deed referred to in the verdict of the jury, or where the other evidences of title were, ordered a venire facias de novo. M'Arthur v. Porter's Lessee, 1 Pet. 626.

WILL.

1. Where a testator authorized a majority of his acting executors, 'my wife to have a voice as executrix, to decide in all cases in case of any dispute or contention: whatever they determine it is my intention shall be final and conclusive, without any resort to a court of justice:' it was held that this clause would not authorize the executors to distribute the testator's property contrary to the express intention of his will. Pray v. Belt, 1 Pet. 670.

2. It seems that such a clause would not prevent any person injured by the misconstruction of the will by the executors from submitting his case to a court of justice.

Ib.

3. It seems that nothing can be done under this clause until the wife becomes executrix; and that a case in which she would be benefited by a particular construction of the will would be an exception to the operation of the clause. Ib.

LEGISLATION.

Great Britain.

The following is a brief notice of Acts passed by the British Parliament, 9 Geo. IV. 1828.

Promise in Writing. In actions of debt or upon the case grounded upon simple contract, no acknowledgment or promise by words only, shall be deemed sufficient to take the case out of' the operation of the statute of limitations; 'unless such acknowledgment or promise shall be in writing;' and the acknowledgment or promise of one joint contractor or administrator, shall not renew the obligation against the others. 9 Geo. IV. c. 14, s. 1.

Contracts by Infants.-No action shall be maintained on any promise or ratification after full age of any simple contract made during infancy, unless such promise or ratification shall be made by some writing signed by the party to be charged therewith. Ib. s. 5.

Representations of Character.-No action shall be maintained against any person upon or by reason of any representation or assurance made concerning the character, credit, ability, or trade of with the intent that such other person may other any person, obtain credit, money, or goods, unless such representation or assurance be made in writing and signed by the party to be charged. Ib. s. 6.

Test Acts. Instead of receiving the sacrament according to the forms of the church of England, public officers are now required, by 9 Geo. IV. c. 17, to make declaration never to make use of any power, influence, or authority, possessed by virtue of their offices, to injure or weaken the Protestant Church as it is now established in England; or to disturb the bishops or clergy in the possession of their rights and privileges.'

This act was opposed by some few of the Lords, and particularly by Lord Eldon, who proposed various amendments narrowing the provisions and curtailing the relief intended to be given, the most of which amendments were rejected, and some of them without a division.

Crimes. The statute 9 Geo. IV. c. 31, is a consolidation act for amending the laws relative to offences against the person,' consisting of thirty-eight sections, the analysis of which would not be particularly interesting to American readers. The act is a specimen of partial codification, as it takes up the various species of the more grave crimes and misdemeanors scattered through

the former statutes, making some additions to the list, and giving more precise descriptions and definitions, and introducing some provisions on the subject of testimony. One of the most striking features of the act is its providing more specifically for punishing attempts to commit crimes. The following provision in relation to the arrest of clergymen attracted our attention.

'If any person shall arrest any clergyman upon any civil process, while he shall be performing divine service, or shall (with the knowledge of such person) be going to perform the same, or returning from the performance thereof, every such offender shall be guilty of a misdemeanor, and shall suffer such punishment, by fine or imprisonment, or by both, as the court shall award.'

The act contains some new provisions in relation to accessaries to felony.

It is provided, also, that prosecutions for all crimes punishable on summary conviction by virtue of the act, shall be commenced within three months after the commission of the offence.

The provision in relation to amendments, and quashing proceedings for want of form, is pretty broad.

'No conviction shall be quashed for want of form, or be removed by certiorari or otherwise into any superior court; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.'

The act does not touch the subject of high treason.

In case of the revision of the criminal laws of the United States, or of any state, this statute will be well worth consulting.

Testimony of Quakers.-By chapter 32, the testimony of quakers is admitted in criminal prosecutions. This section of the statute was mentioned in our former number. The other sections provide that where any offender has been convicted of any misdemeanor, (except perjury or subornation of perjury,) and has endured the punishment to which he has been adjudged, he shall not, by reason thereof, be incompetent to be a witness in any proceeding, civil or criminal.

Lunatic Asylums.-The subject of chapters 34 and 41 is one which ought to attract the attention of our state legislatures. Ch. 34 is an amendment of the law in relation to madhouses in Scotland; providing s. 1 for licenses; s. 2 for entry of the names of the persons confined, in a book to be kept for that purpose; s. 3, that a record shall be made in a book to be kept for inspection, of all punishments of greater severity than solitary confinement, with the reasons of the same; s. 5, that no lunatic shall be received into any public asylum without a warrant from the sheriff; s. 8, that no person (except a relative) shall receive any patient into a private asylum, without the order or certificate of two physicians.