Special Terms for motions and the argument of demurrers only will also be held on the first Tuesday of every month at Troy, by Judge Ingalls, at his chambers, when not otherwise engaged or assigned; on the second Tuesday of every month at Albany, by Judge Learned, at his chambers, when not otherwise engaged or assigned; on the third Tuesday of every month at Hudson, by Judge Miller, at his chambers, when not otherwise engaged or assigned; and on the third Tuesday of every month at Kingston, by Judge Westbrook, at his chambers, when not otherwise engaged or assigned. Motions shall not be noticed for such Special Terms except in actions where the venue is in a county within the Third Judicial District. Such terms will be open at all times for ex parte business. FOURTH JUDICIAL DISTRICT. Circuit Courts, Courts of Oyer and Terminer, and Special Terms, for non-enumerated and ex parte motions. CLINTON COUNTY. Additional Special Terms for hearing non-enumerated motions and ex parte applications will be held. By Justice James, at Ogdensburg, on the first Tuesday of each month. By Justice Potter, at Whitehall, on the second Tues day of each month. By Justice Landon, at Schenectady, on the third Tuesday of each month. By Justice Bockes, on the fourth Tuesday of each month, at Saratoga Springs, when such justices are not otherwise engaged. These Special Terms to be at all times open for ex parte business. CHENANGO COUNTY. ......... Last Third Landon. Second Monday. .... James. Landon. Landon. James. Potter. Third ....... SARATOGA COUNTY. Last Monday.. Fourth Monday. .... ....... Potter. Potter. Landon. Landon. James. James. ST. LAWRENCE COUNTY. ...... First Tuesday in July... Balcom. Boardman. Special Terms for hearing motions and for the trial of issues of law only. Second Tuesday in January.. Boardman. Balcom. Second Tuesday in February.. Balcom. Boardman MADISON COUNTY. ... ....... First .... Boardman. Boardman. Murray. Balcom. Balcom. Boardman. APPOINTMENTS OF COURTS OF OYER AND TERMINER, CIRCIUT AND SPECIAL TERMS IN THE FOURTH JUDICIAL DEPARTMENT. The justices of the Supreme Court, residing in the Fourth Judicial Department of the State of New York, do hereby appoint times and places of holding Circuits and Special Terms of the Supreme Court, and Courts of Oyer and Terminer in the several counties comprised within the said Department, and designate the justices to hold the same for two years, commencing on the first day of January, 1874, as follows, that is to say: Special Terms for 1874 and 1875. Circuit Courts and Courts of Oyer and Terminer in and for the county of Oswego, for 1874. Fourth Monday, January, Oswego Pulaski Second Monday, September, Oswego For 1875. Fourth Monday, January, Oswego First Monday, May, Pulaski Second Monday, September, Oswego Special Terms, 1874. Second Tuesday, June, Oswego Second Tuesday, November, Oswego For 1875. Morgan. Hardin. Doolittle. Morgan. Hardin. Hardin. ...... Morgan. Hardin. Second Tuesday, June, Oswego Hardin. Morgan. Hardin. Morgan. Hardin. Doolittle. Hardin. Doolittle. for the county of Herkimer, for 1874. Fourth Monday, April For 1875. Fourth Monday, April Special Terms for 1874. First Tuesday, September.... .... For 1875. First Tuesday, September..... Circuit Courts and Courts of Oyer and Terminer in and for Lewis county, for 1874 and 1875. I., } OCHRE POINT, NEWPORT, R. I., Editor of the Albany Law Journal: DEAR SIR-The Cuban question, as it has been before the American people for half a century, presents considerations, of which the affair of the Virginius is only an incident. Intending to treat the subject in its extended range, in one of the lectures which I propose to deliver, at some period of the winter, before the Columbian University at Washington, in acknowledgment of the honor conferred on me by the corporation in electing me the first "Professor of the Law of Nations" in the school of law of that university, for which its location offers a national character, I have abstained from any discussion of the particular topic which is now commanding the immediate attention of the government. A notice, which appears in your last number, of what purports to have emanated from a high authority, is, however, so much at variance, not merely with my present views, but with the conclusions arrived at several years since, and which accord, as far as my knowledge goes, with the opinions of all eminent publicists, as well of England as of the continent of Europe, that I cannot avoid sending you a paragraph having reference to a Sardinian vessel captured by the Neapolitan marine, during the existence of a revolutionary movement in the States of the king of the two Sicilies. "That no apprehended inconvenience, on account of the revenue or even public safety, can, in time of peace, give a right of visitation on the high seas, although near the coasts of a country, if beyond the ordinary maritime jurisdiction, but that such power can only be exercised by the positive or tacit permission of the State to whose subjects the mer chantman belongs, is well shown by an eminent civilian of doctor's commons in an opinion which he has recently furnished for the guidance of a foreign government." Lawrence on Visitation and Search, 73. This article was transferred to the second edition of Lawrence's Wheaton, 229. It is there stated that the opinion referred to was given by Dr. Twist, in 1858, the time of the occurrence. One to the same effect was also prepared by Sir Robert Phillimore, at the request of Count Cavour. Yours truly. OBITUARY. W. B. LAWRENCE. JUDGE RUFUS W. PECKHAM. Refus W. Peckham was born in Rensselaerville, Albany county, in December, 1807. He graduated at Union College, and, after being admitted to the bar, formed a partnership, in this city, with his brother. He gained immediate recognition as a sound and steady man and a reputation for integrity which followed him through life. In 1837 he was appointed by Governor Marcy district attorney of Albany county, which office he held for three years. In 1852 he was elected to Congress, where he served one term, and, on his retirement, went into partnership with Lyman Tremain in Albany. In 1861 he was elected a judge of the Supreme Court, and was re-elected on the expiration of his term in 1867. While he was holding this position, and when the amended judiciary article was adopted, he was nominated for judge of the new Court of Appeals, and was elected in June, 1870. At the time of his death he was the oldest judge of that bench, in which a vacancy is now left. Judge Peckham was tall, of a good presence, and his commanding figure and square, gray head were well known to all the bar. Judge Peckham was twice married, having by his first wife a daughter and two sons, Wheeler H. Peckham, of the law firm of Miller, Stoutenburgh & Peckham, of New York, and Rufus W. Peckham, Jr., of the firm of Tremain & Peckham, of this city. His second wife was a Miss Foote, whom he married only a few years ago. Under her charge he was going abroad in the Ville du Havre. Judge Peckham, though sixty-six years old, had been in sound health until this fall, when he seemed somewhat broken, and though the physicians found no specific malady it was concluded that a European tour would aid in restoring him. He was first to visit Paris, where he expected to be under treatment, and afterward to spend some time abroad. AN UNFORTUNATE COUNTY. A Wisconsin correspondent sends us the following: The statutes of Wisconsin provide that service of justice's summons be made if the defendant cannot be found, "by leaving a copy thereof at his usual place of abode, in the presence of some one of the family of suitable age and discretion, who shall be informed of its contents." On a summons against two defendants, a constable of Dodge county, after certifying to personal service upon one of them, continued, "And I further certify that I could not find, within said county, the other defendant, or any place of his abode, or any member of his family, or any person of suitable age and discretion, to be informed of the contents of the within summons.” THE BAR ASSOCIATION AND REPORTING. The committee on law reporting of the Bar Association of New York city has made a report in which are embodied the ideas of the committee concerning the mode in which the judicial legislation of our Commonwealth may be best preserved for immediate and future use. The report starts off, of course, by deploring the evils of the present system, and recommending an entire change in the manner of reporting judicial decisions. The English system is next extolled, and a plan is proposed which is said to be based upon that system, and which the committee are confident will do away with all that is obnoxious to the bench and bar in the present method. The first thing necessary in all great undertakings is a controlling power vested in one or more individuals, according to the character of work to be done. In this matter of reporting, it is intended to have the whole management vested in a council of ten, which is to be made up as follows: The court of appeals are kindly allowed to name one member, and a similar boon is granted to the Supreme Court general term justices. The chief judge of the Court of Appeals and the attorney-general for the time being are to be ex officio members of the council. Thus four members are provided. The remaining six are to be selected by the Bar Association itself. As this unique mode of selection might provoke criticism from members of the profession who do not reside in New York city, and have not the advantages of membership in the Bar Association, a conditional provision is proposed, that when, in the cities of Brooklyn, Albany, Buffalo, Rochester and Syracuse, organizations of like character are formed, they may each appoint one member of the council. Why the cities of Poughkeepsie, Troy, Utica, etc., are not to be allowed the same opportunity as those named, and why the profession in the fourth and sixth districts are to be entirely excluded from participating in the formation of this select council we cannot conceive, unless it be that the inflow of so much provincial ignorance might overshadow, perhaps, the wisdom of the metropolis. Funds will be necessary of course, and to provide these it is proposed that the legislature grant to the council, for the purpose of paying salaries, the sum of $20,000 per annum. As there will probably be other expenses, the members of the bar are to be requested to "unite in a guarantee of $250 per annum apiece for three years, of all the expenses and liabilities that may be incurred by the council, including the salaries of all employees, the cost of producing the reports and all expenses and liabilities connected therewith or resulting therefrom." As there are at least seven thousand members of the bar in the State, if this suggestion is adopted the council will have credit enough to transact all the law reporting business in. the universe. The chief source of revenue, however, is to come from the sale of the reports. "The profession shall be invited to subscribe to the reports (which it is supposed will be about eleven volumes per annum), at the following price: For the entire set, $50 per annum, to be paid in advance in such sums as the council shall determine." Besides the council, the regular members of which are to hold office for five years and to act gratuitously, there are to be a secretary of the council, whose salary (together with the office and other expenses of the council) is not to exceed $4,000 per annum, one Court and Commission of Appeals reporter at $6,000, one assistant Court of Appeals reporter, $1,000; one assistant Commission reporter, $1,000; one Supreme Court reporter, $4,000; four assistants at $1,000 each; one reporter for the New York city courts, $3,000; one assistant, $1,000; an editor and other employees at such salaries as the council may see fit. The constitution providing that the Court of Appeals and the Supreme Court shall appoint and control their respective reporters, it is proposed that these reporters be appointed by those courts, but that they receive no compensation except through the council. As is indicated by the provisions already referred to, the whole business of reporting for all the courts is to be vested in the council, who are to have exclusive control of the matter, so far as the constitution will permit. Such are the essential features of the plan proposed by the Bar Association Committee, and they seem to us to be faulty in these respects: 1. In the union of all the State reports under one control. That such a kind of union has been successful in England, gives no promise that it will, under different conditions, be so here. In England all the courts whose opinions are reported by the Incorporated Council of Law Reporting," are located in one place. Here the courts are scattered - the Court and Commission of Appeals being in Albany, the Supreme Court sitting in numerous localities, and the other courts located in New York. No council, unless it be constantly traveling, can efficiently supervise the reporting for these various judicial bodies. The constitution has, in two instances, placed the supervision of reporting where it belongs, namely, in the court whose decisions are reported. Under the constitutional provision the decisions of our courts of last resort have been satisfactorily furnished to the profession for twenty-five years, and we believe that no improvement on the character of the work done will be made at this late date by giving it into the control of other hands. The |