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ages sustained, and in another that he shall recover the penalty. The concluding clause applies equally to all the covenants." Then Lord Eldon says: "There are many instances of the defendant's misconduct which are made the subject of specific fines by the laws of the theatre. Are we, then, to hold that, if the defendant happens to offend in a case which has been so provided for by those laws, she shall pay only 2s. 6d. or 5s., but if she offend in a case which has not been provided for, she shall pay £200?" That appears to me to apply exactly to the case before us with regard to the point which the respondents have pressed upon us, because there are in this agreement provisions in the nature of liquidated damages for specific things. That is to say, "for such and such a breach you shall pay the extra expense occasioned, and for such and such another breach you shall pay the actual costs occasioned, and for another breach you shall pay £10 a week." Those were all covered by the general clause at the end. Is it to be held that, if the defendant happens to offend in any one case which has been provided for by those special stipulations, then he shall pay only the actual damages thereby occasioned, but if he offends in any one case which has not been so provided for, he shall pay £1,000? This case is exactly within the very words of Lord Eldon. The fact that there are those special provisions made for special cases, and that at the end there is a lump sum of £1,000 put in for any breach (which includes all those breaches for which special provision is made) would make the defendant have to pay actual damages in the one case and in addition to that have to pay £1,000. It would require a very strong case indeed to oust the application of that doctrine which was laid down in Kemble v. Farren.

RECENT LEGISLATION.

MISSOURI LEGISLATURE-SESSION OF 1877. AN ACT to repeal an act entitled "An Act to regulate the taking of depositions in civil cases in the County of St. Louis," approved February 17, 1875.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. That an act entitled "An Act to regulate the taking of depositions in civil cases in the County of St. Louis," approved February 17, 1875, be, and the same is hereby repealed.

Approved April 9, 1877.

AN ACT to amend section 1 of an act concerning notaries public, approved March 25, 1875.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SEC. 1. Section one of an act concerning notaries public, approved March 25th, 1875, is hereby amended by inserting in the second line of said section, after the word county, the words " and incorporated city," so that said section shall read as follows: Section 1. The governor shall appoint and commission in each county and incorporated city in this state, as occasion may require, one or more notaries public who shall hold their offices for four years; but no person shall be so appointed who has not attained the age of twenty-one years, and who is not a citizen of the United States and of this state.

SEC. 2. An emergency having arisen by reason of the ratification of the separatión-scheme and charter in the city and county of St. Louis, under article nine of the constitution of this state, and there being no provision of law to appoint the officers named in this act, it is hereby declared that this act shall take effect and be in force from and after its passage. Approved April 6th, 1877.

AN ACT to regulate conditional sales of personal property, and providing that a violation thereof shall be a misdemeanor.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. In all cases where any personal property shall be sold to any person, to be paid for in whole or in part in installments, or shall be leased, rented, hired or delivered to another on condition that the same shall belong to the person purchasing, leasing, renting, hiring or receiving the same whenever the amount paid shall be a certain sum, or the value of such property, the title to the same to remain in the vendor, lessor, renter, hirer or deliverer of the same until such sum, or the value of such property, or any part thereof, shall have been paid, such condition in regard to the title so remaining until such payment shall be void as to all subsequent purchasers in good faith and creditors, unless such condition shall be evidenced by writing executed, acknowledged and recorded as provided in cases of mortgages of personal property.

SEC. 2. Whenever such property is so sold, or leased, rented, hired or delivered, it shall be unlawful for the vendor, lessor, renter, hirer or deliverer, or his or their agent or servant, to take possession of said property without tendering or refunding to the purchaser, lessee, renter or hirer thereof, or any party receiv ing the same, the sum or sums of money so paid, after deducting therefrom a reasonable compensation for the use of such property; which shall in no case exceed twenty-five per cent. of the amount so paid, anything in the contract to the contrary notwithstanding, and whether such condition be expressed in such contract or not, unless such property has been broken or actually damaged, and then a reasonable compensation for such breakage or damage shall be allowed.

SEC. 3. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor. Approved April 2, 1877.

AN ACT to prevent the mortgagor or grantor in trust deeds of personal property from the fraudulent use or disposition of such property, and to prevent the mortgagor or grantor from disposing of the same without the written consent of the mortgagee or trustee, and without informing the person to whom the same is sold of such mortgage or trust deed.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. That any mortgagor or grantor in trust deeds of personal property, who shall injure, destroy, sell or dispose of such property, or any part thereof, or shall aid or abet in the so doing for the purpose of defrauding the mortgagee, trustee or beneficiary in trust deeds, or his, or their assigns, or shall remove or conceal, or shall aid or abet in the removing of such property or any part thereof, with intent to hinder, delay or defraud such mortgagee, trustee, or beneficiary, or his or their assigns, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by imprisonment in the connty jail not exceeding one year, or by a fine not exceeding one hundred dollars, or by by both such fine and imprisonment.

SEC. 2. That every mortgagor or grantor in trust deeds of personal property, who shall sell or convey the same or any part thereof, without the written consent of the mortgagee or beneficiary, and without informing the person to whom the same is sold or conveyed, that the property is mortgaged or conveyed by deed of trust, shall, on conviction, be adjudged guilty of a misdemeanor, and punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.

Approved April 7th, 1877.

AN ACT to amend section 28 of chapter 160 of the General Statutes relating to executions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. That section 28 of chapter 160 of the General Statutes be amended as follows: By striking out the words "or otherwise" in the fourth line thereof, and inserting in lieu thereof the following words, "verified by affidavit or the affidavit of some creditable person;" and by inserting after the word "thereof," the second word in the fifth line, the following words "and shall in said written claim, verified as aforesaid, set forth the right, title, or interest of said claimant in and to said property or any part thereof;" and by inserting after the word "execution " in the sixth line the following words "and shall deliver to said officer the writing as verified, claiming such property," so that said section, as amended, shall read as follows:

SECTION 28. When personal property or any shares in any bank, company or corporation, or other effects, shall be seized by virtue of any execution, and any person other than the debtor in the execution shall in writing, verified by affidavit, or the affidavit of some creditable person, claim such property, or any part thereof, and shall in said written claim, verified as aforesaid, set forth the right, title or interest of said claimant in and to said property or any part thereof, and shall give notice thereof to the officer levying the execution, and shall deliver to said officer the writing so verified, claiming such property, such officer shall, as soon thereafter as practicable, notify the execution creditor of such claim and notice; and if the execution creditor shall fail, in reasonable time, to furnish and tender to such officer a bond, payable to him with good security, resident of the county, and conditioned to indemnify such officer against all damages and costs which he may sustain in consequence of the seizure and sale of the property so levied on and claimed, and to pay and satisfy to any person or persons claiming the same all damages which such person or persons claiming [may sustain] in consequence of such seizure and sale, the officer so making such levy may abandon it and release such property to the claimant.

SEC. 2. All acts and parts of acts, inconsistent with this act, are hereby repealed.

Approved April 7th, 1877.

AN ACT regulating the payment of the expenses of the St. Louis Court of Appeals, and the salaries of the judges thereof.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. So much of the salaries of the judges of the St. Louis Court of Appeals, as is required by law to be paid by the several counties of the district over which the jurisdiction of the court extends, shall be settled and paid in the first instance by the City of St. Louis, monthly, on the 15th of each and every month.

SEC. 2. The compensation of the marshal and janitor, and all expenses of stationery, fuel, and other things which may be necessary for the use of the St. Louis Court of Appeals, and which may be ordered by said court, shall, upon being properly audited and certified by said court, be paid by the City of St. Louis.

SEC. 3. On the 31st days of January and in July, in each year, the auditor of the City of St. Louis shall prepare a statement showing the aggregate amount of salaries and compensation, and the aggregate amount of all other disbursements contemplated in the foregoing provisions of this act, for the half year next preceding; and also showing the proportionate parts of such aggregate amounts respectively, apportioned to each of the counties composing said district, according

to its taxable property; a copy of such statement shall be certified and transmitted by said auditor, without delay, to the clerk of the County Court of each of the counties included in said district.

SEC. 4. The County Court of each county receiving such statement shall, at its next term thereafter, order payment of its proportional parts of such salaries, compensation and disbursements, according to such statement and apportionment; whereupon the county treasurer shall pay over, in such manner as may be convenient, the sum so ordered to the city treasurer of the City of St. Louis.

SEC. 5. It appearing that great inconvenience, delay and unnecessary expense are incurred by the St. Louis Court of Appeals, and the judges and officers thereof, and also that an unfairness exists in the distribution of the current expenses of said court, for want of the legislation hereby intended, an emergency exists requiring the immediate enforcement of the foregoing provisions; wherefore, this act shall take effect and be in force from and after its passage. Approved April 12, 1877.

AN ACT to provide for the publishing of the decisions of the Supreme Court of the State of Missouri, and for the appointment of a reporter thereof and fixing. his salary.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION. 1. The attorney-general, state auditor, and secretary of state, shall contract with some suitable person or persons to publish the decisions of the Supreme Court of this state for a period of six years, and shall give notice by advertisement for at least twenty days in two English newspapers published in the city of St. Louis, that they will receive proposals for such contract, and the contract shall be let to the lowest and best bidder; provided, that said bid shall not exceed two dollars and a half per volume for the volumes furnished the state. The reports shall be equal in size, paper, binding, printing, and the amount of matter contained therein to the fortieth volume of the Iowa Reports; and the contract shall contain a provision that the reports shall not be sold to the public or the legal profession at a higher price than three dollars per volume; and the said contract shall also contain a provision requiring said publisher to keep on hand a sufficient number of each volume of said reports, or make such arrangements as to enable the legal profession, or the public, to obtain said reports at the price fixed by said contract. The reports shall be published in four months after there are sufficient decisions furnished the reporter for publication to make a volume, and the state shall be furnished with the number she may need before any are offered in the market for sale; provided: Such edition shall be examined and approved by the attorney-general before any part thereof shall be received by the state; and the approval of the said attorney-general shall be filed in the office of the secretary of state. The contract shall also contain a provision requiring the publisher of the reports to make stereotyped plates of the same. Bond shall be given to the state, with two or more sufficient securities, in the penal sum of ten thousand dollars for the faithful performance of the contract; which bond shall be approved by the attorney-general, state auditor and secretary of state, and filed in the office of the secretary of state. In case of the death of the person obtaining the above contract, or their failure to comply with its provisions, the attorney-general, state auditor and secretary of state shall rescind it, and make a new contract for the residue of the time of the original contract, in the same manner and on the same terms as

above provided; and in case of such failure to comply with the terms of the contract, the attorney-general shall immediately bring suit on the bond, on behalf of the state, for the damages that may have accrued to the state.

SEC. 2. The supreme court shall appoint a reporter on the taking effect of this act, who shall hold his office during the pleasure of the court, and shall receive an annual salary of two thousand dollars, which shall be paid out of the money appropriated for the publication of the supreme court decisions, each month, on the warrant of the state auditor. He shall be an officer of the court during his continuance in office, and shall have full access to the records of the court, and before entering upon the discharge of his duties, shall take the oath of office prescribed by the constitution. He shall be furnished by the secretary of state with the necessary stationery for his office.

SEC. 3. The supreme court reporter, in addition to the duties now imposed by law [shall] make a brief statement of the facts in each case, in place of that now required to be made in the opinion of the court, when such statement is not contained in said opinion, and he shall also prepare a brief statement of the points and citations of authorities of counsel, without argu.ment, and said statement, points and authorities, and suitable head-notes, shall be prefixed to the opinion of the court, and so published.

SEC. 4. Nothing in this act shall be so construed as to prevent the present publishers of the decisions of the supreme court from completing volume sixty-four of said reports.

SEC. 5. All acts and parts of acts inconsistent with this act are hereby repealed. Approved.

AN ACT to authorize counties, cities and towns to compromise their debts.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. That the various counties in this state for themselves, as well as for any townships therein, for which said counties may have heretofore issued any bonds, and the several cities and incorporated towns of this state, be, and they are hereby authorized and empowered to make and enter into contracts with any person or persons, corporations or associations, for the compromise, purchase or redemption of all bonds or coupons, whether due or not due, heretofore issued by the county courts of such counties, either for the counties themselves or for any township or townships therein, or by the proper authorities of any such city or town respectively, and including any judgments which have heretofore been rendered, or which may hereafter be rendered on said bonds or coupons; and said counties by their county courts, and said cities and towns by their respective authorities, are hereby authorized and empowered to execute and carry out such contracts; and for that purpose they may issue, negotiate and deliver new bonds on the surrender and cancellation of the old bonds or other indebtedness: Provided, that in no case shall the amount of the debt of any such county, township, city or town, nor the rate of interest on such debt be increased or enlarged under the provisions of this act. And, provided further, that no bond or obligation issued by any county court for or on behalf of any township in this state shall be purchased, redeemed or renewed, nor shall any contract be made therefor, unless the act entitled, An Act to facilitate the construction of railroads in the State of Missouri," approved March 23d, 1868, shall have been previously decided to be a constitutional act by the courts of final jurisdiction having cognizance

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of the question. And, provided, also, that no new bonds issued under this act shall be payable in less than five nor more than thirty years from date thereof. SEC. 2. The faith and credit of each and every county, township, city and town shall be, and they are hereby respectively pledged to carry out in good faith any contract made for the compromise, purchase or redemption of bonds, coupons as aforesaid, and such contracts so made; and all bonds, notes, obligations, or other undertakings issued, delivered, entered into, or undertaken, shall be valid and binding on the parties thereto; and any bona fide holder of such coutract, entitled by its terms to a performance thereof, and any holder of such new bonds, notes, or other obligations, issued or entered into under this act, on obtaining a judgment in any court of competent jurisdiction against the municipal corporation so making such bond or other obligation, shall be entitled to have. On application to such court, the judge or judges thereof shall make an order appointing an assessor and collector, whose duty it shall be respectively to assess and collect, from all property liable to the payment of bonds or other obligations on which such judgment may have been obtained, a sum sufficient to satisfy such judgment, interest and costs; and for that purpose the said assessor and collector, and all other officers charged for the time being with any duty connected with the collection of the general revenue, shall have all the rights, powers and privileges enjoyed by assessors and collectors, or other officers authorized by law to collect the state and county revenue for the time being, and they shall be controlled in all respects by the laws in force at the time for assessing and collecting the state and county revenue: Provided, that no such order shall be made, until the proper authorities of such county, city or town shall have been duly notified of such judgment, and shall have neglected or refused to levy and collect a tax sufficient to pay such judgment. And, provided further, that for any judgment so obtained against any county for bonds or other obligations issued by such county for any township therein, the tax so levied in such case shall be collected from property within the township interested, in the mode and manner provided for the payment of the original bonds so compromised, purchased or redeemed.

SEC. 3. Nothing in this act shall be so construed as to alter, amend, repeal, or in any wise affect any existing law relative to the subject-matter of this act.

SEC. 4. It being important to the counties, cities and towns having a bonded indebtedness, that a speedy adjustment be made between them and the holders of such bonds, therefore an emergency exists, which requires that this act should go into immediate effect, and therefore this act shall take effect and be in force from and after its passage. Approved April 12th, 1877.

ILLINOIS LEGISLATURE-SESSION OF 1877. AN ACT to define and punish conspiracies in the State of Illinois.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That if two or more persons conspire, either to commit any offense against the State of Illinois, or any county, incorporated city, village, town or township thereof, or to defraud the State of Illinois, or any county, incorporated city, village, town or township thereof, in any manner, or for any purpose; and one or more of such parties do any act to effect the object of the conspiracy, all parties to such conspiracy shall be liable to a penalty of not less that one hundred dollars, and not more than five thousand dollars, and to be imprisoned either in the penitentiary or county jail for any period not

exceeding two years; the time and place of confinement, and the amount of the fine, to be determined by the jury trying the case: Provided, however, this act shall not be construed to modify or repeal any other law now in force in this state.

Approved April 19th, 1877.

AN ACT to amend section 7 of an act entitled "An Act to regulate the Illinois Industrial University, and to make appropriations therefor," approved May 7, 1873.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That section 7 of an act entitled "An Act to regulate the Illinois Industrial University, and to make appropriations therefor," approved May 7, 1873, be amended to read as follows: SEC. SEVEN (7). The treasurer of the said University, and the said board, are hereby required in the future to invest the principal of the funds arising from the endowment granted by the United States in interest-bearing bonds of the United States, or of this state, or in good county or schooldistrict bonds of this state. They are hereby prohibited from changing the securities in which said fund may be invested, except for reinvestment in interest-bearing bonds of the class and character specified above in this section.

SEC. 2. Whereas, a portion of the.investments of said fund will terminate in the month of May, and for that reason an emergency exists requiring that this act should take effect immediately; therefore, this act shall take effect and be in force from and after its passage.

Approved this 17th day of April, 1877.

AN ACT to amend an act entitled "An Act to revise the law in relation to criminal jurisprudence," approved March 27, 1874.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That sections two hundred and seventy (270) and two hundred and seventy-one (271) of "An act to revise the law in relation to criminal jurisprudence," approved March 27, 1874, be and the same hereby are so amended as to read as follows:

SEC. 270. All persons who are idle and dissolute, and who go about begging; all persons who use any juggling or other unlawful games or plays, runaways, pilferers, confidence men, common drunkards, common night-walkers, lewd, wanton and lascivious persons, in speech or behavior, common railers and brawlers, persons who are habitually neglectful of their employment or their calling, and do not lawfully provide for themselves, or for the support of their families, and all persons who are idle or dissolute, and who neglect all lawful business, and who habitually misspend their time by frequenting houses of ill fame, gaming houses or tippling shops; all persons lodging in, or found in the night-time in out-houses, sheds, barns or unoccupied buildings, or lodging in the open air, and not giving a good account of themselves, and all persons who are known to be thieves, burglars, or pick-pockets, either by their own confession or otherwise, or by having been convicted of larceny, burglary, or other crime against the laws of the state, punishable by imprisonment in the state prison, or in a house of correction of any city, and having no lawful means of support, are habitually found prowling around any steamboat landing, railroad depot, banking institution, broker's office, place of public amusement, auction room, store, shop, or crowded thoroughfare, car or omnibus, or at any public gathering or assembly, or lounging about any court room, private dwelling-houses or out-houses, or are found in any house of ill fame, gambling house, or

tippling shop, shall be deemed to be and they are declared to be vagabonds.

SEC. 271. It shall be the duty of the sheriff, constable, city marshal, and police officers of any county, town, village, city, or other municipality in this state, to arrest upon view, or acting at the request of any person: Provided, such person shall have first made a written complaint and obtained a warrant from an officer authorized to issue one for the arrest of any such vagabond, to arrest and bring before the nearest justice of the peace or police justice, any such vagabond, whereever he may be found, for the purpose of an examination; and the said sheriff, constable, city marshal, police officer, or other officer, shall then and there make complaint against such vagabond, and the said justice of the peace or police justice shall, within thirty-six hours thereafter, proceed to try the person accused of being a vagabond; and if he pleads guilty, or if he be found guilty, the said justice of the peace, or police justice, may sentence the said vagabond to imprisonment, at hard labor upon the streets or highways or in the jail, calaboose or other building used for penal purposes, of the county, town, village, city, or other municipality in which such vagabond was convicted, or to the house of correction of any city having a contract with such county for the care of prisoners, for a term of not less than thirty days and not exceeding six months, in the discretion of the said justice of the peace or police justice; or the said justice of the peace or police justice may sentence the said vagabond to pay a fine of not less than twenty dollars nor more than one hundred dollars, and costs of suit; and in default of the immediate payment of said fine and costs so imposed, said vagabond shall thereupon be sentenced to imprisonment or hard labor in said jail, calaboose or other building used for penal purposes, or in said house of correction, or on the streets or public highways, for a term of not less than thirty days nor more than six months, by the said justice of the peace or police justice. In all camplaints under the act, this complainant shall set forth the name of the offending person, if he can obtain the same, the place and date of the offense, and shall also set forth such other facts as will, if substantiated by competent witnesses, establish the guilt of the prisoner. The justice may cause to be subpoenaed such witnesses as the defendant may request, and may be found within the jurisdiction of such officer issuing such writ of aarest, and the complaint shall be signed and sworn to by the complainant. In all cases under this act the justice shall make a full record of the case, giving the date of the complaint and of the offense, name of the defendant (if known), and character of the charges, the names of all witnesses examined, and his findings, together with all other proceedings had in the case; and when he shall commit any vagabond to the jail, calaboose, or other building used for penal purposes, as hereinbefore stated, or to the house of correction of any city, he shall make out a mittimus, and sign the same, directing the same, in the name of the people of the State of Illinois, to the sheriff of the county, or to the superintendent of the house of correction of the city, or to any officer having charge of any such jail, calaboose or building used for penal purposes, aforesaid, as the case may be; which said mittimus must show the date of the charge, name of the complainant, name of the defendant (if known), the offense charged, names of all witnesses examined, date and place of trial. the finding of the court, and the sentence imposed; and it shall command the said sheriff, or the said superintendent of the house of correction, or any other such officer as aforesaid, as the case may be, to receive and to keep the body of the said defendant, as said mittimus may provide, until the expiration of the time

specified in the sentence, or until he be discharged by due process of law; which said mittimus shall be sufficient warrant to the said sheriff, or to the said superintendent of the house of correction, or other officer, as the case may be, to hold the body of the said defendant, as by the terms of sentence as in such mittimus commanded: Provided, that nothing herein shall be construed to prohibit the officer in charge of any such jail, calaboose, house of correction, or other building used for penal purposes, from compelling such prisoner to work at reasonable labor for the benefit of any such county, town, village, city, or other municipality, wherein said prisoner may have been convicted.

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CONTINGENT INTEREST IN REAL ESTATE TRANSFERABLE-DEED EXECUTED BY WOMAN AS FEME SOLENAME DIFFERENT FROM THAT OF FATHER.-Although a contingent interest in land is not generally transferable at law, the assignment of it for a valuable consideration will be enforced in a court of equity; and when it becomes vested, the vendor will be compelled to convey pursuant to his agreement. The rule against conveyance of interest is done away in England by statute (8 and 9 Vic. ch. 106, § 6), and is contrary to our system and the Statute of Conveyances (Wag. Stat. 277, § 1), which says that "conveyances of land, or of any estate or interest therein, may be made," etc. A contingent remainder is not an estate in land, but it is an interest and will pass by deed. The deed of an heir for a valuable consideration, of all her right, title and interest in and to the real estate in possession and in expectancy of the estate of her father, also all other real estate of which he may have died seized, which she might inherit, etc., would pass such interest. Where there is no proof that a woman executing a deed was a feme covert, and it is executed by her as a feme sole, she will be presumed to have been sole at the time of executing. It merely appearing that her name was different from that of her father, such fact will not be considered as proof that she had been married, so as to shift the burden of proof as to her legal status at the time of the execution of the deed. Where the bill of exceptions does not show any conveyance of a portion of the property awarded in the decree, the judgment will be reversed. So ordered. Opinion by BAKEWELL, J.-Lackland v. Nevins.

March Term, 1877.

MECHANIC'S LIEN-SUB-CONTRACTOR-DEBT ASSUMED BY OWNER OF PROPERTY.-Where a contract has been made between the original and sub-contractor, for the construction or partial construction of a house, the fact that the owner subsequently agreed to pay the sub-contractor, will not prevent the sub-contractor from maintaining an action to enforce his lien, and against the original contractor for the contract price. Judgment reversed. Opinion by BAKEWELL J.-Embrees v. Fowler.

ACTION ON PENAL BONDS-JURISDICTION OF JUSTICE OF PEACE-PRACTICE—AMENDMENT IN COURT OF APPEALS. -A bond with a penalty, of $300, given under the local act of 1855, (Session Acts 1855) for property seized on execution, is not a bond for the payment of a sum of money within the meaning of §5, p. 809, Wag. Stat. [Citing Wimer v. Brotherton, 7 Mo. 264.] In an action on such a bond, the judgment would be for the penalty and the amount of the penalty determines the question of jurisdiction. [Citing St. Louis v. Fox, 15 Mo. 71.] The amount of the penalty being in excess of the jurisdiction of the justice, neither he nor the circuit court to which the case went by appeal, had power to do otherwise than dismiss. Judgment can not be allowed to stand against the principal, after dismissal as to sureties, as that would be to allow amendments in this court. Judgment reversed. Opinion by HAYDEN, J.State, to use etc., v. Brainard.

PLEADING-FACTS, NOT CONCLUSIONS OF LAW, TO BE STATED-RECOVERY FOR GOODS SOLD FOR ILLEGAL PURPOSE-DAMAGES FOR VIOLATION OF ILLEGAL CONTRACTS. -In an action to recover for whiskey sold by plaintiff to defendant, allegations of conclusions of law were properly stricken out of the answer. It is the business of the pleaders to state only facts. The doctrine that plaintiff can not recover, when he knows that defendant intends to use the merchandise sold for an immoral or illegal purpose, does not prevail in this state. [Citing Michael v. Bacon, 49 Mo. 474.] The contrary is the sounder doctrine [citing Halman v. Johnson, Cowp. 341; Lloyd v. Johnson, 1 Bos. & P 340; Hodgson v. Temple, 5 Taunt. 181.] But if the plaintiff himself, in making the sale, violated a positive law, though it was in relation to the revenue, the law will not aid him in reaping the fruits of his wrong. Citing Beldingo v Pitkin, 2 Caines, 147; Wheeler v. Russel, 17 Mass. 257; Smith v. Manhood, 14 M. & W. 452; Cope v. Rowland, 2 M. & W. 149; Broom's Legal Maxims, 740; Story on Sales, 4th ed. § 497, 499. So the court below erred in striking out that part of the answer alleging that the contract for the sale of the whiskey included an undertaking on the part of plaintiff to defraud the government of its revenue. [Act July 20, 1868, 15 Stat. at. L. 125; Act July 13,1866, Rev. Stat. (U.S.) p. 630, §3257.] Judgment reversed. Opinion by HAYDEN, J.; Bakewell, J., not sitting.-Curran v. Downs.

CRIMINAL LAW-TAKING FORCIBLE POSSESSION OF REAL ESTATE-EMINENT DOMAIN-RIGHTS OF RAILROAD AFTER EXCEPTIONS TO COMMISSIONERS' REPORT.After the proper proceedings have been had to condemn private property for railroad purposes, under article 5, Wag. Stat. p. 326, the corporation, or its agents and servants, may enter upon the land condemned and construct the road, without being guilty of a misdemeanor in violating section 26, p. 495, Wag. Stat., which prohibits the taking possession of real estate by force and violence without authority of law. Although exceptions to the report of the commissioners may have been duly filed, this will not suspend the right of the railroad company to take possession, but will only affect the amount of compensation. [Citing Wag. Stat. 327, §§ 3, 4; Clark v. H. & St. Jo. R. R. Co., 36 Mo. 302; Beekman v. S. & S. R. R. Co., 3 Paige, 76.] The regularity of the condemnation proceedings furnishes a complete defense to a criminal prosecution against the servants of the corporation for taking possession. It is not necessary for the company to bring ejectment against the owners of the land. Judgment reversed, and judgment entered for defendant. Opinion by LEWIS, C. J.-State v. Dickson.

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CRIMINAL LAW-DEFECTIVE JURY.-The trial of a criminal cause by a jury consisting of a less number than twelve, is unauthorized by law, and the verdict in such case is void; and where, during the trial, two jurors were discharged with the consent of the defendant, and the remaining ten jurors returned a verdict of guilty, the verdict should have been set aside. Judgment reversed. Opinion by WORDEN, C. J.-Allen v. State of Indiana.

PRINCIPAL AND SURETY-EXTENSION OF TIME TO PRINCIPAL.-Time given by the creditor to the debtor, without consideration and without the consent of the surety, will not discharge the latter; and the fact that the surety requested the creditor to have execution issued on a judgment against the principal, which he failed and neglected to do, will not release the surety. The surety might, at any time after it was rendered, have paid the judgment and assumed the collection of it for his own use. Judg. ment affirmed. Opinion by NIBLACK, J.-Hogshead v. Wil liams et al.

DESCRIPTION IN DEED-MONUMENTS AND MEASUREMENTS.-The rule of law is that monuments, fixed, natural or artificial objects, cognizable by the senses, control

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