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the remedy, if any, is in equity. Jackson v. Brooks, 8 Wend.
2. (Presumption of conveyance.) A conveyance by trustee will be presumed in New York twenty-eight years after the creation of the trust. lb.
See EXECUTORS AND ADMINISTRATORS, 9, 10.
TURNPIKE ROADS. See INDICTMENT, 1-9.
See VENDOR AND VENDEE, 1, 2, 3.
1. (Agreement for interest anterior to date of a note.) A promissory note for the payment of a particular sum, with interest from a day anterior to the date of the note, in itself affords no evidence of usury. Marvin v. Feeter, 8 Wend. 533.
2. (Note on interest for amount of principal and interest.) Nor is it usurious, on selling a note payable on a future day, to take a note for the principal and interest of the note sold, computed to the day of sale, without making a rebate. 1b.
3. (Construction of a charter authorizing extra interest.) A loan company authorized by its charter to loan money upon pledges of goods and chattels, and to charge interest for a full month, where the loan is for a period over fifteen days and less than one month, is not entitled, where a loan made for twenty days remains unpaid, to demand interest at the same rate for any subsequent time; the interest on the debt due at the expiration of the twenty days must be computed as on ordinary contracts. McComber v. Dunham, 8 Wend. 550.
4. (Bond for principal and separate agreement for interest.) Where, after the expiration of twenty days, interest was charged for a subsequent period at the same rate, and a promise for the payment thereof made and exacted at the same time that a bond was taken for the sum actually lent, it was held, that the interest thus computed was usurious, and that the agreement for the payment thereof although not included in the bond, rendered the bond void for usury. Ib. 5. (Does not devest title to land.) Where the title to real estate is absolutely vested by deed of bargain and sale, it shall not be disturbed by proof that all or part of the consideration was a usurious debt. Hale v. Jewel, 5 Greenleaf, 435. VENDOR AND VENDEE.
1. (Delivery absolute or conditional.) Whether a delivery of goods under a usage or custom in the city of New York, where goods are sold at auction, to be paid for in approved indorsed notes, to deliver the goods to the buyer when called for, and afterwards
to send for the notes, be an absolute delivery so as to pass the title, or only a conditional delivery.-Quere. Furniss v. Hone, 8 Wend. 247.
2. (Pleading a usage as to conditional delivery.) Whether, in pleading such usage, so as to make it beneficial, it be necessary to aver, that notwithstanding such delivery, it is the known usage and custom for vendors in such sales to reclaim the property, if the conditions be not complied with.-Quere. Ib. 3. (Waiver of condition in a conditional delivery.) If such usage was established, it seems that a delay of seven days in sending for the notes would be considered a waiver of the condition. lb.
See EVIDENCE, 13.
1. (A special verdict as to relevancy of testimony merely.) A special verdict, presenting no other question than the relevancy of testimony adduced on the trial of a cause, held to be irregular; the circuit judge should have decided the question, and his decision then might have been reviewed on case made or bill of exceptions. Welland Canal Co. v. Hathaway, 8 Wend. 480. 2. (Law left to the jury.) If the judge has left certain questions to the jury, which it was his own province to decide; yet if the jury have come to a proper result, the verdict will not be disturbed. Copeland v. Wadligh, 7 Greenleaf, 141.
1. (Rivers.) Fresh water rivers, of public use in the transportation of goods, are of common right as public highways by water. Spring v. Russell, 7 Greenleaf, 273.
2. (Obstruction.) Where a stick of timber was deposited in the highway, on the confines of a village, between one and two hours before sunset, which was seen by several inhabitants of the town, though not known to the select men or the surveyor; and in the same evening the plaintiff's chaise wheel struck the timber whereby he was thrown out and injured; it was held, that the town was liable, under Maine stat. 1821, ch. 118, sec. 17. Springer v. Bowdoinham, 7 Greenleaf, 442.
1. (Tenant by the curtesy.) A tenant by the curtesy is a competent witness for the plaintiff in an action of ejectment, by the heir at law. Jackson v. Brooks, 8 Wend. 426.
2. (Heir of deceased joint defendant.) Where, in a suit on contract against two defendants, one of them dies after the commencement of the suit, the son of the party dying is not a com
petent witness, although the death be not suggested on the record. Shepard v. Ward, 8 Wend. 542.
3. (Interest.) One for whose benefit a suit was commenced, but who is not the nominal plaintiff of record, cannot be rendered a competent witness for the plaintiff by an assignment, executed on trial to a third person, of his interest in the demand on which the suit is predicated. Jarvis v. Barker's adm'r, 3 Vermont, 445.
Public acts passed by the Legislature of Tennessee at the 'called session,' in September, 1832.
Banks. An act was passed to incorporate the Union Bank of the state of Tennessee; the capital stock is not to exceed $3,000,000. By another act the Bank of the State of Tennessee is abolished.
Ch. 3.-Clerks.-An act was passed, 'to compel clerks to do their duty;' requiring the clerks of the several courts of the state to issue executions on judgments, if demanded, in all cases where the plaintiff may be entitled to the same; in case of neglect, the clerk shall forfeit the sum of $500 to be recovered by an action of debt before any court having cognizance thereof, to the use of the person suing for the same, and shall also be liable to an action on the case, at the suit of the plaintiff for any damages he may have sustained in consequence of such failure or refusal, and shall further be deemed and held guilty of a misdemeanor in office, and be subject to indictment,' and upon conviction shall be removed from office.
Costs.-Four acts were passed prescribing the mode of taxing costs in criminal prosecutions, providing for the collection of costs in certain cases, &c.
Ch. 11. sec. 1.—Imprisonment for debt.-Whenever an execution against the property of a defendant shall have been issued on a judgment at law, or a decree in equity, and shall have been. returned unsatisfied in whole or in part, the party suing out such execution may file a bill in chancery against such defendant, and any other person or body corporate, to compel the discovery of any stock or of any property in action due to the defendant or held in trust for him, and to prevent the transfer of any such stock or property in action, or the payment or delivery thereof to the defendant, except where such trust has been created by or the fund so held in trust has proceeded from, some person other than
the defendant himself and is declared by will duly recorded, or by deed duly proved and registered.
Sec. 2.-The court of chancery are authorized to decree satisfaction of the sum due in such judgment or decree, out of any property belonging to the fefendant or held in trust for him, with the exception above stated, which shall be discovered by the proceedings in chancery, whether the same were originally liable to be taken in execution at law or not; and the court shall have power to order such bond or other securities to be given by either plaintiff or defendant, as may be necessary to carry that jurisdiction into effect, and to order transfers of stock or other property in action to be made according to the rules of law or equity.
Internal improvement.-Five acts were passed, amending the act establishing boards of internal improvement in different districts of the state.
Ch. 18.-Iron.—This act was passed 'to encourage the manufacture of iron in this state,' granting tracts of land to certain persons, on condition of their establishing works for the manufacture of iron in certain sections of the state.
Ch. 30.-Lotteries.—This act repeals 'the laws allowing lotteries to be drawn in this state;' and it is enacted, that if any person sell any lottery ticket or tickets, not authorized by the laws of this state, or of the United States, and which is prohibited by st. 1820, c. 73, he shall (in addition to the penalties prescribed by said act) upon conviction, be imprisoned for a term not less than three nor more than six months; upon conviction for a second offence, he shall be confined in the jail and penitentiary of the state, for a term not less than six nor more than twelve months.'
Ch. 31.-Lunatic Hospital.-By this act the sum of $10,000 is appropriated for the erection of a lunatic hospital, within or near the town of Nashville; the buildings are to be sufficient for the safe keeping of at least two hundred persons.
Schools and school lands.-Five acts were passed, providing for the collection of the school tax, prescribing the manner in which the school funds, north and east of the Congressional reservation, shall be collected: amending the common school laws of the state, authorizing the trustees of school lands to establish additional school districts, &c.
South Carolina.-A resolution was passed in relation to the proposition of the Union and State rights party in South Carolina, for calling a convention of the southern states; it declares that whilst the legislature duly appreciate the patriotic motives of that