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a procureur-général, two deputies, and two barristers judge, the president of the chamber of commerce, and known as avocats généraux, public officers appointed three councillors-general, the president of the counseil and paid by the government. Barristers and solicitors de prud-hommes, and the maire of the town, so that it are alone heard, and the costs of the most trifling mat- ) is the candidates of the future, so to say, who choose ter amount to £12 exclusive of the “honorarium” of the their electors, because, this same list serves for the avocat. There are twenty-eight courts of appeal in election of members of the chambers of commerce. France. The court of cassation has a chief, three This system is objectionable, moreover, in another presidents of the chamber, fifty councillors, one pro respect, namely, that the merchants who are not cureur-général, and six avocats généraux. The prac within the class of notables, are under the impression tice in this court is confined entirely to one class of that the judges are disposed to favor the class which professional men, avocats speciaux, who combine the elects them. And, further, it is felt that an evil functions of solicitors and barristers. This court is attending the election of merchants to serve as judges located at Paris.
is that their judicial opinion must often be in opposiNow, as to the tribunals of commerce. They num tion to their personal interests as merchants, and thus ber 218. No public officer is attached to these courts, | they are exposed to suspicion of bias, if one of the but for some years past it has been contemplated to parties before them happens to be a customer. The appoint to each court a procureur de la république and necessary conclusion is that, if an impartial commera deputy, selected from the bar, in order to secure as cial tribunal is to be constituted, only retired mernearly as possible the due administration of law, which | chants should be appointed judges, and, whenever the tribunals of commerce, as at present constituted, | possible, those should be chosen who had carried on do not sufficiently consider. Each tribunal has at least | business in a town other than that in which they are one president, two judges, and two assessors (juges to act as judges. suppléants); and the largest court comprises a presi It has been painfully discovered by those who have dent, fourteen judges and fourteen assessors. They to submit to tribunals of commerce, that the law is a all serve gratuitously, so that only rich merchants can difficult science; that it takes a long time to acquire a aspire to the position. The president and the judges knowledge of the principles and customs which enables are appointed for two years; they may be once re- a judge to decide satisfactorily disputes arising out of elected, and then they must be replaced by others, and transactions with foreigners, as well as among natives. can only be elected again after a lapse of one year. It is obvious that a merchant engaged actively in busi
In practice, this system has many drawbacks, the ness cannot acquire this knowledge, and consequently principal being that considerable practical experience the judges of the tribunals of commerce are generally is required to enable a judge to perform his duties incompetent, and the courts of appeal have three times efficiently, but he has no sooner acquired some knowl as much work to do in reviewing the decisions of triedge of his business than his term of office expires. bunals of commerce as they have in reviewing those of In England, even the advantage arising from constant the civil tribunals. It is for this reason that it has been service for two years would not be realized, inasmuch contemplated, as we have stated, to appoint a public as the members of the tribunal are to be a fluctuating officer in connection with the tribunals to explain body. The French public has felt this defect, and in points of law, but the project has fallen through, owing the towns in the provinces more particularly, the choice to the differences existing - described to us as 'antagof the electors always falls upon the same persons, who onism" - between the traders and the judges. Another consequently obtain a monopoly of the judicial office, result of the incompetence of the judges is that almost which they do not fail to turn to their own advantage. every case presenting any difficulty is referred by the It is customary, however, before appointing a man a tribunals to experts or arbitrators. Such references commercial judge to appoint him for two, four or even increase enormously the costs, and make the proceedsix years an assessor, so that he has attained a certain ings more leugthy than they are before the civil triamount of experience by the time he becomes a judge. bunals, so that economy and dispatch, the two principal The president is always chosen from the oldest judges, considerations in establishing tribunals of commerce, and consequently he will have sat five or six years as are sacrificed. References to arbitrators and experts an assessor and as judge before being raised to the have another drawback; out of every hundred awards, presidential chair.
ninety-six are confirmed, whence it follows that the The judges of the tribunals of commerce being, as parties have their causes decided by a single judge, the we have said, chosen from the most eminent men of arbitrator, instead of by the three judges of the trithe commercial class, comprise directors of the Com bunal, as intended by law. These referees, moreover, pagnies Anonymes, stock brokers, and experienced refuse to hear a case until they have been paid, and the sea captains. They are elected at a meeting of the suitor who pays the most, and pays it promptly, is the leading merchants, called and presided over by the pre more likely to induce the arbitrator to decide in his fect, or sub-prefect, or some one delegated by them, favor. Such a practice is entirely opposed to the spirit assisted by the two oldest and the two youngest elec of the law, and it is a consequence of the indisposition tors present. The number of the electors ought to be to work and the incompetency of the unpaid judges. one-tenth of the recognized merchants, and cannot be | Solicitors and barristers are not allowed to practice less than fifty nor more than 1,000, except for the de- in tribunals of commerce; the suitors must appear in partment of the Seine, where the limit is 3,000. It will person, or by an authorized agent, as before the justices thus be seen that the electoral list is very limited, | of the peace. The process is by summons, the parties since only one in ten can be an elector. Thus, in the are heard, and the judge delivers judgment; the costs country particularly, a true commercial aristocracy is ought, therefore, to be the same as in the court of the created altogether contrary to the prevailing idea of justices. But the causes which the tribunals of comuniversal suffrage. And, besides this, the list of eligi- | merce have to try are generally considerably more imble merchants is revised every year by a commission portant, and the suitors have found it necessary that composed of the president of the tribunal, and one | they should be assisted by an adviser. The employment of professional advisers not being obligatory, continually required to deal with commercial causes, they were not usually engaged, and thus neither the they at length become as familiar with commercial suitors nor the tribunal had any guarantee that those customs as the merchants themselves. And lastly, the who were engaged were competent. That is the reason costs in these tribunals are much less than in the triwhy of late a practice has sprung up of allowing a cer bunals of commerce. tain number of barristers (avocats speciaux) to practice It follows from all that we have said that the idea of in the tribunals, and they are recognized as attached diminishing the cost of the trial of commercial causes, to the jurisdiction under the name of avocats-agrées, | and accelerating such trials, by the establishment of or advocate-attorneys. This practice has become so | tribunals of commerce, can only be realized by apgeneral that the position of the agrées is regarded as a pointing barristers or solicitors as judges, and admitprivileged office, and it is difficult to obtain. Suitors ing to plead before them barristers and solicitors, or a very rarely appear in person, and more rarely still are class which might in time be recognized as prototypes they assisted by any adviser other than an agrée, these of the arocats-agrées. The avocat, under whose guidlatter only having “the ear of the court."
ance this article has been written, concludes: “Que le The simplicity of the procedure has its disadvan négociant reste à son comptoir, le magistrat sur son tages, as a party is apt to be taken by surprise, no no- siège, et l'avocat à la barre” – advice in which we tice to the other side of the documents to be used | thoroughly concur. - Law Times. being given, and it being impossible always to meet the case which may be raised in answer. Before the
THE STUDY FOR YOUNG LAWYERS. ordinary civil tribunals, on the other hand, no document can be put in evidence unless notice has been Judge Sharswood, in speaking of the studies for a given to the other side at least three days beforehand; | young man just admitted to the bar, says: so that, when the cause is heard, both sides are as “He cannot be faithful to his clients unless he connearly as possible aware of the case which is to be made tinues to be a hard student of the learning of his proand to be met. The necessity of rapid thought and ac
fession. Not merely that he should thoroughly investion on the part of the avocats-agrées in the tribunals of tigate the law applicable to every case which may be commerce makes their profession almost a speciality, intrusted to him, though that, besides its paramount and advocates, who are strange to the tribunal of com necessity to enable him to meet the responsibility he merce, however able, find a difficulty in contending has assumed to that particular client, will be the subwith them. To this is owing the maintenance of the sidiary means of important progress in his professional privileged class of avocats-agrées, notwithstanding acquisitions. “Let any person,' says Mr. Preston, the constant complaints of their excessive fees, and study one or two heads of the law fully and minutely, that their functions are opposed to the intentions of and he will have laid the foundation or acquired the the legislature. A claim for a debt of £60 before a tri aptitude for comprehending other heads of the law.' bunal of commerce, entails a cost of £10 or £15 in But, besides this, he should pursue the systematic study Paris, and £6 or £8 in the provinces.
of his profession upon some well-matured plan. When The jurisdiction of these tribunals embraces all dis admitted to the bar a young man has just begun, not putes between merchants, arising out of their busi finished, his legal education. If he has mastered some
11 disputes between other persons in matters of the most general elementary principles, and has acin which the law declares to be commercial - actes de quired a taste for the study, it is as much as can be excommerce. It also decides bankruptcy cases, and exer pected from his clerkship. There are few young men cises a surveillance over trustees in bankruptcy. In who come to the bar who cannot find ample time, in every bankruptcy the tribunal of commerce appoints
the first five or seven years of their novitiate, to devote one or more trustees, and a judge, whose business it is to a complete acquisition of the science they profess, if to look after the management of the estate by the they truly feel the need of it and resolve to attain it. trustee, and to preside at all meetings of creditors. The danger is great that, from a faulty preparation The juges-commissaires, as they are called, act with from not being made to see and appreciate the depth, great advantage to both the debtor and his creditors; extent and variety of the knowledge they are to seek they prevent the abuse of his office by the trustee and they will mistake the smattering they have acquired irregularity in the management of the estate, and for profound attainments. The anxiety of the young assist the debtor in obtaining a settlement of his lawyer is a natural one, at once to get business - as affairs, so that much of the delay and loss usually much business as he can. Throwing aside his books, attendant upon a failure is obviated, and fraudulent he resorts to the many means at hand of gaining notopreferences are in a large degree avoided. This is one riety and attracting public attention, with a view of of the most useful functions of a judge of a tribunal bringing clients to his office. Such an one, in time, never of commerce.
fails to learn much of his mistakes, but at a sad expense In the districts in which there are no tribunals of of character, feeling, and conscience. He at last finds commerce, the ordinary civil tribunals appoint one or that in law, as in every branch of knowledge, a little two days a week on which they take commercial cases, learning is a dangerous thing;' that what he does not adopting the procedure of the tribunals of commerce, know falsifies often, in its actual application, that which and applying commercial law. In this manner they he supposed he certainly did know; and after the most have all the advantages, and none of the disadvantages, valuable portion of his life has been fritted away upon attendant upon the tribunals of commerce; very sel objects unworthy of his ambition, he is too apt to condom is a cause referred; the judges are paid and do clude that it is now too late to redeem his time; he finds their work — they are impartial, or believed to be so, that he has lost all relish for systematic study, and because they have no interests in common with the when he is driven to the investigation of particular suitors, either commercially or with a view to the questions, is confounded and embarrassed, unable to elections. They are better educated than the commer thread his way through the mazes of authorities, to cial judges, and, which is more important, as they are l reconcile apparently conflicting cases, or deduce any
ness, and all dis
satisfactory conclusion from them. In short, he has no | ment appearing on the roll, the warrant was void on its greater aptitude, accuracy, and discrimination than | face. (Reynolds, C.) Ib. when he set out in the beginning of his studies. No 5. An assessment not verified by one of the assessbetter advice can be given to a young practitioner than ors, and not accompanied by a certificate of the other to confine himself generally to his office and books, assessors stating the cause of such omission (1 R. S. even if this should require self-denial and privation; | 394, $ 30), is defective, and the omission to properly to map out for himself a course of regular studies, verify it is fatal to its validity. (Reynolds, C.) Ib. more or less extended, according to circumstances; to 6. Upon a tax warrant issued by the board of superaim at mastering the works of the great luminaries of visors of Herkimer county, an impression was made the science, Coke, Fearne, Preston, Powell, Sugden, with a die, upon which was engraved the words “Seal, and others, not forgetting the maxim melius est petere Herkimer County Board of Supervisors." No other foulis quam sectari reviedos, and to investigate for him seal was attached. Held, that the warrant was imperself the most important and interesting questions by fectly sealed. (Reynolds, C.) Ib. an examination and research of the original authori
CONTRACT. ties. He that researcheth deepest seeth the amiable
Damages.—Plaintiff conveyed to defendant a certain and admirable secrets of the law;' and thus may the student proceed in his reading with alacrity and set
piece of land, with the right of ingress and egress to and upon and know how to work into with delight these
from said land to plaintiff's land. In consideration rough mines of hidden treasure.'”
thereof defendant made a parol agreement to deliver to plaintiff for temporary safe keeping all the stock transported on its road eastward from the Niagara river.
Defendant performed its agreement for a little more COMMISSION OF APPEALS ABSTRACT.* than a year and then repudiated it. Plaintiff brought ASSESSMENT ROLL- SUPERVISORS — ASSESSMENT.
an action to recover the land conveyed.
Held, that plaintiff was entitled to recover the value 1. The duties imposed by the tax laws upon boards of
of the land, deducting therefrom the profits he has supervisors, of examining the assessment rolls, and
realized from the business while defendant performed equalizing the valuation of the real estate in the dif
his part of the agreement. As the profits received ferent towns and wards (1 R. S. 395, $ 31), and of esti
were part of the consideration, a tender of them by mating and setting down in the assessment rolls the
plaintiff to defendant was not necessary before bringrespective sums to be paid as taxes (33) are quasi ju
ing the suit. Day v. N. Y. C. R. R. Co. Opinion by dicial and cannot be delegated, but must be performed
Earl, C. by the boards as such; after the different questions, as to what changes, if any, are to be made in the valua
FRAUDULENT ASSIGNMENT - JURISDICTION. tions, and those upon which depend the amount of 1. Action to set aside an assignment of a bond and money to be raised are determined, the insertion of mortgage as fraudulent. Plaintiff brought an action what is necessary in the rolls to carry out such deter- on a promissory note against D, a non-resident. minations is clerical, but the rolls must be completed An attachment was issued to Tompkins county and before the warrants required to be issued ($ 36) are served on one M, to attach a debt claimed to be due annexed thereto. Bellinger v. Gray, impleaded. Opin from him to D, and secured by bond and mortgage. ion by Lott, Ch. C., and Reynolds, C.
Plaintiff obtained judgment, issued execution thereon 2. Where it was determined by the board of supervis to the sheriff of Tompkins county, which is still in his ors to increase the valuation of the real estate of a town, hands unreturned. After the giving of the note, and by adding a certain per cent thereto, but the warrant before the commencement of the suit, D assigned the was attached to the assessment roll before it was com bond and mortgage to J. This assignment is claimed to pleted, by inserting the increased valuation and ex- be without consideration and fraudulent as to creditors. tending the tax, and it was delivered thus incomplete | Held, that the fraudulent assignment of a bond and to the supervisor of the town, who, after the board mortgage by a debtor does not prevent his creditor adjourned, filled up the blank columns in the roll and from acquiring a lien by attachment; and where such delivered it with the warrant to the collector, with a lien has been acquired by the service of the attachdirections to collect the tax:
ment, with the proper notice, upon the obligor and Held, that the assessment roll and warrant were void, | mortgagor, the attachment creditor, after perfecting and the supervisor was liable for trespass for property judgment and issuing execution, may maintain an seized thereunder, although the roll was completed in equitable action in his own name to enforce the lien, accordance with the determination of the board. Ib. by setting aside the fraudulent transfer. Mech. & Tr.
3. Plaintiff placed before the collector upon his count- | B’k of Jersey City v. Dakin et al.* Opinion by Hunt, C. er, in a package, the amount of a tax against him, but 2. A court of equity has an original jurisdiction, inforbid his taking it, and notified him that he would be dependent of the statute in relation to attachments, to held responsible therefor, claiming that the warrant take cognizance of actions of this character. Ib. was defective. The collector took the package.
NUISANCE. Held, that this was not a voluntary payment, and did
Notice.-In an action to recover damages for injuries not estop plaintiff from disputing the legality of the
to plaintiff's road-bed, the complaint alleged that an warrant. Ib.
embankment and bridge built and constructed for de4. An assessment against an individual for “circula
fendant's railroad, dammed the stream, so as to protion notes and profits," is illegal, and such an assess
duce the flood and injury. It appeared that the bridge
and embankment had been erected before the con* The abstract of Prouty v. Swift, ante, p. 152, was incorrect in so far as it stated that the court held that the arrangement was one of copartnership.” The arrangement
* This case is directly in conflict with Thurber v. Black, 50 was not one of copartnership. Will our subscribers note N. Y. 80. We are advised that the attention of the comthe correction ?- ED. A. L. J.
mission was not called to the latter case.-ED.
the correone of coparih copartners,
veyance of the road to defendant, by a previous owner, across the river at Detroit, and delivered it to the M. who continued it as it was at the time it acquired title. S. & N. I. R. R. Co. That one P had charge of de
Held, that in order to maintain an action for dama fendant's freight, books, etc., and that the book proges resulting from the nuisance, it was necessary to duced was one of defendant's freight books; that he show that before the commencement of the action de was not positive it was in P's handwriting. It was fendant was notified or had knowledge of its existence; also proved by one D, an employee of the M. S. & N. but proof of a request to abate it was not necessary. I. R, R. Co., that he never received the goods, that it The Conhocton Stone Road v. Buff., N. Y. & Erie R. R. was his duty to receive them, and that the defendant Co. Opinion by Lott, Ch. C.
had made claim against the M. S. & N. I. Co. for back REWARD
freight ou said goods, and that the M. S. Co. had reIn an action to recover a reward offered for the recov fused to pay, etc. There was judgment for the plainery or information leading to the recovery of a stray
Held, (1) That owing to the difficulty of forwarders Held, that the person claiming the reward, to entitle fastening the liability of the loss of goods on common him to it, must show a rendition of the services | carriers, etc., the rules in reference to the admission required, after a knowledge of, and with a view of of evidence must be modified. That evidence of the obtaining the offered reward. One who finds the course of business adopted by connecting lines of railproperty and advertises the same, without knowledge way must be received as competent evidence on the of the offered reward, or who gives information of its question of the receipt or delivery of property by the one whereabouts, which information does not, in fact, lead to the other. That books kept by the agents of a comto its recovery is not entitled to the reward. Howlandpany, in which are entered the receipt and delivery of v. Lounds et al. Opinion by Gray and Reynolds, CC. property to and by such company in its business, are STATUTE OF FRAUDS.
prima facie evidence of the facts and entries therein Action for an alleged breach of a parol contract for
stated. It is not necessary to prove that the entry is the sale and delivery of five cargoes of brick at Brook
in the handwriting of any agent of the company, prolyn, for $10 per thousand. Plaintiff was to provide
vided there is enough shown to prove the book used by a suitable place for prompt delivery. Defendant sent
the company in its business and that the entries are a cargo which arrived July 13, 1866. On the morn
made by an authorized agent. (2) That the book in ing of the 14th, before any were delivered, defendant
this action was properly received, and proved the reserved a notice, directed to plaintiff Harteau, on the
ceipt of the property by defendant. (3) That defendperson who was giving directions as to where the bricks
ant having appeared and answered, it was not necesshould be unloaded, to the effect, that if plaintiff did
sary for plaintiff to prove its incorporation. If it was not discharge the bricks on the 14th the agreement
necessary, the production of the statutes of Canada would be considered broken, and defendant would not
was sufficient to prove defendant's incorporation. send another cargo. Harteau did not receive this
Judgment affirmed. Root v. The Great Western R. R. notice until after the delivery of a portion of the bricks.
Co. of Canada. Opinion by Mullin, P. J. Only a portion of the bricks were discharged on the
EJECTMENT. 14th, and the day after defendant withdrew his vessel
1. Guardian in socage. — One S, an infant, was enand refused to deliver any more of the bricks. Defend
titled to the possession of certain premises from and ant claimed the contract was void under the statute of
after July 1, 1870. This action was commenced in Sepfrauds.
tember, 1870, for the possession, etc., by a guardian ad Held, that the partial delivery of the bricks made
litem of tbe infant. The infant's mother is still alive. the contract valid, and the notice not having been
Held, (1) That this action could only be maintained received by the plaintiff's until after the delivery was
by a guardian in socage or general guardian; a guardcommenced, it did not modify or affect the contract or
iau ad litem was not a proper party plaintiff. (2) That qualify the delivery; and, therefore, a non-compliance
the objection to plaintiff's capacity to sue should have by plaintiffs with the terms of the notice was no
been taken by demurrer. The defect was apparent on defense. Hurteau et al. v. Gardner. Opinion by Earl, C.
the face of the complaint, and not having demurred,
defendant waived all objection. Judgment reversed. GENERAL TERM ABSTRACT.
Leaton by Guardian ad litem v. Davis. Opinion by
Mullin, P.J. FOURTH DEPARTMENT, JUNE TERM, 1873.
2. There was no count in the complaint for mesne
profits. COMMON CARRIER.
Held, that defendant not having objected to the eviOne N delivered to the New York Central R. R. dence as to value of the mesne profits, etc., waived Co., at Victor, in this State, a box of goods, owned by
all objections to the defect in the complaint. Ib. and addressed to the plaintiff Noah Root, at Burr Oak,
3. The referee allowed plaintiff the value of certain Branch county, Mich. The goods were never delivered
apples taken by defendant from the premises after the to plaintiff, and this action was brought for their value.
1st July, 1870, and after said infant's right to the premBurr Oak is situated on the line of the M. S. & N. I. R.
ises accrued. R. Co., which joins defendant's road at Detroit. On
Held error. No such measure of damages allowed the trial, a book purporting to belong to the defend
on ejectment. Defendant's right of possession was ant and made by one Peters, a freight agent or clerk
terminated by the death of plaintiff's ancestor. of defendant, was produced, containing an entry as
Held, that defendant was not entitled to notice to follows, viz. ; Car 303. Apr. 21, 1866. Noah Root,
| quit. Ib.
INFANT. Branch county, Mich. "One box goods." It was proved by one C, who was a clerk, etc., of the M. S. Waste: damages. – One T died, seized of certain & N. I. R. R. Co., that the defendant brought its freight I real estate. He left him surviving, a widow and the
plaintiff, his heir at law. He also left certain real es- knowledge or consent, etc. That plaintiff did not tate which was heavily timbered. The defendant was know of the existence of this clause until January, appointed administrator of the said T, and the widow, 1870. There was judgment for the plaintiff. under the statute, was guardian in socage of the in- Held, (1) That defendant had rights as a bona fide fant. The widow, as such guardian, gave defendant holder, but as the question was not raised on the trial, permission to, and he did cut and sell the timber on it is too late to raise it here. (2) That the lease of S. & said land. In 1867 the widow was appointed general Co. to B., after notice therein required was given, was guardian of said infant and had a settlement with de- for the whole interest of S. & Co. in the premises fendant and gave him a release in full for all claims of covered by it, and was, in law, an assignment of S. & said infant against him. This action was brought by Co.'s interest and not a subletting, and being an plaintiff, on attaining his majority, for damages for the assignment was not a forfeiture. This question was cutting and carrying away of said timber. The de- | not raised on the trial, it was waived and is too late to fendant's defense is the release by the widow, and a raise it now. Judgment affirmed. Collins v. Hasbrouck. confirmation of such release and settlement with Mullin, P. J. plaintiff on his arriving of age. The evidence as to the
PAUPERS. license to cut and sell the timber was rejected as was
1. Practice. — Amasa Lamb was a pauper, and the dethe release by the widow to defendant. There was fendant is his son. An order was made by the court of a judgment for the plaintiff.
sessions of Cayuga county requiring defendant to pay Held, (1) That the offer to prove by parol a license
$5 per week for the support of said pauper. The defrom the widow as guardian to cut the timber was fendant, with the approval of the superintendent of the properly rejected. The guardian had no authority to
poor of said county, took said pauper to his own house give such a license, and being by parol, was void, if and supported him there for nearly two years. Said given. (2) That the release was properly rejected.
operly rejected. | Amasa then left defendant's house and went into the Defendant paid nothing for it. It does not appear that town of Sterling in said county, and was there a town defendant had any claim against plaintiff at the time charge until he died. Said Amasa left defendant's the release was executed and which defendant pre
house without any just cause, and defendant was tended to release, that could furnish a consideration
always ready and willing to receive him back. for the release of defendant. It was incumbent on
This action was brought to recover under said order defendant to prove the facts necessary to make the re
of the court of sessions $5 per week for Amasa's suplease operative against the plaintiff. That the evidence
port for the time he remained in the town of Sterling to prove a ratification of the release, etc., by plaintiff,
till he died. was too loose and uncertain. Judgment affirmed.
Held, (1) That although the order of sessions reTorrey v. Black. Opinion by Mullin, P. J.
quired the payment of $5 per week for the support of
said pauper, such payment was conditional on the LEASE.
neglect or refusal of defendant to support said pauper Subletting: forfeiture. – Plaintiff leased on the 30th | in such place and manner as approved by the overseer December, 1863, certain premises to S. & Co., for ten | or superintendent of the poor of said county. That years, from April 1, 1863, and, in the lease, S. & Co. as defendant was always ready and willing to receive were prohibited from reletting or subletting said back and support said pauper after he had left, he premises or any part thereof, without the consent was not liable for his support nor for the weekly sum of plaintiff, in writing, etc. S. & Co., on the 7th allowed by said order of the court of sessions. Conday of September, 1867, sublet a portion of said
ember. 1867. sublet a portion of said / verse v. McArthur, 17 Barb. 410. (2) The court of sespremises to one B. for two years and seven months, sions can only prescribe the penalty for neglect to and on such lease S. & Co. procured plaintiff to support, not the place or the manner in which such indorse his consent to such subletting. In such sub- | pauper shall be supported. (3) That after defendant lease was a clause, that on giving two months' notice, had received said pauper into his house pursuant to such sublessee could extend such lease from the expi- said order, and the pauper had left without the fault ration of the said two years and seven months for four of defendant, and defendant stood ready and willing years, be assigned to P. & Co. P. & Co. afterward to receive him back, no notice of such willingness was assigned to defendant, and defendant gave the two necessary to the overseer. They were bound to return months' notice required in order to continue said lease such pauper or support him. Judgment affirmed. for the four years longer. Plaintiff brings this action
Duel v. Lamb. Opinion by Mullin, P. J. of ejectment against the defendant to recover the pos
2. The complaint set up certain facts, the answer did session of said premises on the ground that the lease is
not deny these facts, but set up an affirmative defense, forfeited, etc. Plaintiff insists that the clause giving
the facts were antagonistic to those in the complaint. the lessee in the sublease from S. & Co. the privilege,
On the trial witnesses proved the facts, in the answer on giving notice, to extend the term four years, etc.,
without objection that an opposite state of facts was was not in the lease when he consented to it, but was | admitted, because not denied by the answer. inserted by S. & Co, afterward, and was in fraud of his Held, that it is now too late to insist that the allerights and void, and that the lease was thereby for gations thus contradicted by the defendant were adfeited, etc. The four years in addition to the two / mitted. We must treat the allegations of the comyears and seven months named in said sublease, was | plaint as denied by the answer. Ib. the whole of 8. & Co.'s time under their lease from
RECSISSION OF CONTRACT. plaintiff in the premises covered by it.
Commissioners of highways. - The plaintiffs are comOn the trial the jury, in answer to specific questions, missioners of highways. They made a contract with found that when plaintiff consented to the subletting defendant to furnish a certain quantity of lumber at by S. & Co. the said sublease did not contain the a price that a certain man should say it was worth. clause granting the privilege to extend four years. The lumber was for a bridge, and was to be of a cerThat it was inserted afterward without plaintiff's I tain length and quality. Defendant showed the tim