in $1000 not to become a charge on the public. Marriages between whites and negroes or mulattoes, are prohibited and void, and persons so married are liable to be fined, whipped not exceeding thirty lashes, and imprisoned not exceeding one year. And the magistrate or person joining such parties in marriage, is liable to a fine not less than two hundred dollars, and ineligible to any office in the state.

Conveyances. In deeds granting an estate of inheritance in fee simple, the words grant, bargain, and sell, shall be adjudged a covenant that the grantor was seized of an indefeasible estate in fee simple freed from incumbrances, done or suffered by the grantor, except for rents and services reserved.'

Internal Improvements. Kaskasia River. Two thousand dollars out of the proceeds of the sale of Vandalia lots, and the same sum out of the proceeds of the sales of the Vermillion Saline lands, and also any grant made by congress for the purpose, are appropriated to remove obstructions to the navigation of Kaskasia river, between Kaskasia and Vandalia.

Disturbance of religious worship and keeping Sunday. Any person who shall disturb the peace and good order of society, by labor or amusement, on the first day of the week, commonly called Sunday, shall be fined not exceeding five dollars.' Any person who shall by menace, profane, or vulgar language, or disorderly or immoral conduct, disturb the peace or good order of any congregation assembled for divine worship, shall be fined not exceeding fifty dollars. Persons keeping some other day than Sunday, as a sabbath, are excepted from this provision of the act. Persons charged with a violation of this act before a justice of the peace, shall, if they so request, be tried by a jury of from six to eight, to be summoned by the justice.

Sureties. The provisions on this subject are of a novel character, though we are not prepared to give an opinion as to their practical effect; they are certainly worthy of the attention of the profession and of legislators.

It is provided that if the surety in a bond, bill, or note, on which a right of action has accrued, is apprehensive that the principal debtor will become insolvent, or leave the state, and by writing requests the creditor to commence a suit on the bond, bill, or note, against the principal debtor, the surety will be discharged in case of the creditor's not so commencing a suit; this provision does not, however, extend to bonds of guardians, executors, or public officers. And in case of judgment against a surety or an obligor, he may, on motion, obtain judgment against the other parties to whom he has a right to resort on his having paid the debt.

Shows, Exhibitions, &c. Persons are prohibited from taking fees for shows, rope-dancing, circus riding, &c. without previous

license from the county treasurer, who may fix the sum to be paid for the licence from five to one hundred dollars.

Suits by or against the State. The auditor of public accounts may sue or be sued in behalf of, and as representing, the state. Though the act declares the state shall not be bound by a judgment rendered against it, in the auditor's name, until the same is examined by the general assembly. This is, therefore, a general provision whereby the liquidation of claims, against the state is referred to the courts.

Wills. This volume contains a long act on the subject of wills and the administration on estates, which is very full and minute in its provisions, and appears to be very ably drawn up.

'Every person aged twenty-one years if a male, or eighteen years, if a female, or upwards, and not married, being of sound mind and memory, shall have power to devise lands, tenements, and hereditaments, or personal estate; and all persons of the age of seventeen years, except married women, shall have power to dispose of personal estate by will; and a married woman may dispose of her separate estate, both real and personal, by will, in the same manner as other persons.' Act Jan. 23, 1829, s. 1.

The validity of a will cannot be contested after the expiration of five years from probate, or from the ceasing of the disability of infants, femes covert, persons absent, or non compos mentis. s. 5.

A devise to a subscribing witness to a will is void, unless the witness would have been entitled to a share of the estate, had no will been made, in which case the witness will be entitled to the devise or legacy to an amount not exceeding that to which he would have been entitled in case no will had been made; and in either case he may be compelled to appear as a witness to the execution of the will. s. 10.

Birth of a child after making a will does not revoke it; but, unless it appear to have been the testator's intention to leave nothing to such child, it will be entitled to the same share of the estate as if the testator had died intestate; to be made up by ratable deductions from the other legacies and devises. Illegitimate children inherit the estate of their mothers. Aliens may hold and inherit estate in the same manner as citizens.

s. 48.

s. 12.

s. 47.

The widow of cestui qui trust is entitled to dower in an equitable estate.

8. 49.

Maryland.

At the session of the General Assembly of Maryland, commenced at Annapolis, December 29, 1828, two hundred and two statutes and seventy-nine resolutions were passed. Of the statutes thirty-two are public. The following abstract includes all

which are thought to possess any interest beyond the limits of the state.

Ch. 26. Idiots, Lunatics, and Persons non compotes mentis. The chancellor or the county courts, upon the petition of the guardian, trustee, or committee of any idiot, &c. and his or her appearance by a guardian appointed by the chancellor or county courts, may direct a sale of the lands of such idiot, &c. if upon a hearing, it appear that it will be for his interest that the same should be sold, and may prescribe the application and investment of the money arising from the sale. All such sales must be confirmed by them before any conveyance of the property is made; and the persons empowered to sell are required to give bonds for the due execution of the trust committed to them. On the death of the idiot, &c. the money arising from the sale is to be distributed among those who would have been entitled to the land in case it had not been sold. The compensation allowed any person having charge of an idiot, &c. is not to exceed ten per cent. upon his income and expenditure.

Ch. 201. If a lunatic or insane person be arrested on any process issued by a county court or by the Baltimore city court, or one of the judges thereof, founded on oath requiring security to keep the peace, and shall fail to give such security, he shall be subject to the same proceedings that are directed against persons arrested for crimes or misdemeanors by the act passed at December session, 1826, ch. 197.

Ch. 50. Sheriffs and other Officers. Any sheriff or other officer, who shall have arrested any person under an attachment or capias, and permitted him to go at large, may again arrest such person at any time before or on the return day of the attachment or capias, or during the term of the court to which the same is returnable, and the second arrest shall be as available in law as the original arrest.

Ch. 64. Board of Public Works. The act creating a Board of Public Works is repealed by this statute.

Ch. 78. Writs of Mandamus. If, in any case of violation of the terms or privileges of any charter granted by the state, a writ of mandamus shall issue, and a return shall be made thereunto, the party prosecuting such writ may plead to and traverse the return, and the other party may reply, take issue, or demur; and such further proceedings may be had as in an action on the case for a false return. If judgment is given for the party suing such writ, a peremptory writ of mandamus shall be granted without delay.

Ch. 85, s. 6. Licenses. In case of the death of any person, who may have taken out a license under the act passed at December session, 1827, ch. 117, it shall be lawful for the widow, executor, or administrator, to sell under the license for the rest of the year for which the same shall have been granted.

Ch. 129. Lotteries. Lotteries and other games of chance are prohibited, unless granted by the legislature and approved by the lottery commissioners; or unless proposed by the commissioners on behalf of the state. The consolidation of lotteries authorized is prohibited, unless approved by the commissioners. If any person sell, or open any office for the purpose of selling tickets in any lottery unauthorized in the manner above stated, he is subject to a fine not exceeding one hundred dollars for every ticket sold, and not exceeding five hundred dollars for every day or part of a day that such office shall be opened, or to imprisonment not exceeding one year. No person (excepting the lottery commissioners in their official capacity) shall sell tickets in any lottery authorized as above stated, or open an office for the purpose, unless he shall have first obtained a license and given bond that he will conform to the laws relative to lotteries; and the several district attorneys are required to prosecute such bond, if any of its conditions are violated. Upon convictions, the license is forfeited, and the seller is forever debarred from receiving any such license within the state. Proof of the sale of the ticket or of an agreement therefor, is conclusive evidence that it was signed and issued according to its purport; and it is not necessary to prove the existence of the lottery. Provided, 'that the provisions of this act shall not be deemed applicable to such dispositions of personal property of small value as shall be made by raffle or lot, and which shall not be intended as evasions of the lottery system.' If any person alter or forge any ticket, with intent to defraud, or sell any forged ticket, he is subject to imprisonment not exceeding seven years. This act is to be construed largely against offenders. In case any person shall propose to draw any lottery which the commissioners shall believe to be unauthorized, they may call on the attorney-general to sue out a writ of injunction to restrain such person, until the rights of the parties can be determined.

Ch. 145. Executors and Administrators. This statute exempts the wearing apparel of deceased persons from exposure to public sale by the executors and administrators, except in cases where there is no widow or child, nor any person willing to pay the debts of the deceased; provided that the property of the deceased is sufficient to pay the funeral expenses; but this exemption is not to apply to watches and jewelry. The executor or administrator is required to return an inventory of the wearing apparel, and it is to be distributed among those who are entitled to the personal property of the deceased.

Ch. 148. Auctioneers. The sum of thirty thousand dollars, in which an auctioneer, appointed under the act of December session, 1827, ch. 111, is required to recognise with sureties, is reduced to ten thousand dollars.

Ch. 165. Depositions. Commissioners are to be appointed by

the county courts for the purpose of taking depositions of witnesses in civil actions, depending in these courts; which may be used only in case of the death of the witness, or on proof of the inability of the party to procure his attendance at the trial. It is also provided, that any person may have the deposition of a witness, in regard to any fact, in proving which he may conceive himself to be interested, taken before the commissioners appointed under this statute.

Ch. 174. Trusts. Where two or more trustees are appointed by last will, with power to the survivor to execute such trust, or to sell land or other property devised to them jointly, if any of such trustees, in writing, attested by a witness, relinquish the trust and deliver such writing to the register of wills, the right of such trustee shall therefore cease, and the remaining trustees shall be as fully empowered to act as if such trustee had died. This relinquishment is not to be construed as a release of any devise for his own use, unless it is expressly declared to be as a compensation for his services as trustee.

Ch. 199. Misnomer. No writ of action shall abate or be discontinued, nor any bail be discharged, because of the misnomer of the defendant, if it shall appear that the party arrested or summoned is the party intended to be sued. The court may also direct any writ, plea, or entry to be amended, and in their discretion allow or refuse costs to the defendant.

Private Acts. Eleven acts were passed for divorcing different persons. We also notice acts for the incorporation of two companies for the construction of canals; two railroad companies; two steamboat companies; a society for promoting the culture of the vine; four mining companies, of which one is for the purpose of working mines in Mexico; and a company of Freemasons; an act to exempt the property of the Grand Lodge of Maryland from taxation; an act for the incorporation of 'The Trustees of the Particular Baptist Gunpowder Church;' and an act to prevent the operation of the Escheat Laws on land now held, or that may hereafter be acquired by the four grand-daughters of Charles Carrol of Carrolton, by descent or otherwise from their grandfather.

Manufacturing Corporations. Four manufacturing companies were incorporated.

The act incorporating the Ely's Ville Manufacturing Company, for the manufacture of cotton and woollen goods, contains a provision for the establishment of a school for the instruction of the children employed in the service of the company.

It also provides, that in case of insolvency, if 'debits exceeding one half of such capital, shall at any time appear to have existed, then the stockholders shall be severally liable, in their individual capacities, to make good any deficiency in proportion to the