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of empty and idle talk that frequently make lawyers' conferences great bores. Among those who took a more active part in organizing the Association were Judge Polaud, of Vermont; Ex-Gov. Gaston, of Massachusetts; Simeon E. Baldwin, of New Haven; Mr. Henry Smith, of Albany; Gen. Bullard, of Saratoga; Mr. Keasbey, of New Jersey; Mr. Hinkley, of Baltimore; Ex-Sec. Bristow, of Kentucky; Prof. Hitchcock, of St. Louis, and Mr. Carleton Hunt, of Louisiana.

President Broadhead, on taking the Chair, delivered a brief but eloquent address on the mission of such an association.-Albany Law Jonrnal.

The Sonoma Counts Quicksilver Case. The closing argument to the jury in the case of 81.as A. Stone vs. the Geyser Quicksilver Mining Company et als., acuon to recover some four miles of cinnabar mining property in Sonoma county, valued at more than a million and a half of dollars, the trial of which has occupied the Fourth District Court the past two weeks was concluded this afte. noon, and after an elaborate charge by Judge Morrison, the jury retired. At a quarter past 4 o'clock the jury came in, and the Foreman said there was no possibility of agreeing. Judge Morrison said he could not discharge the Jury after so short a consultation, and directed that they of provided accommodations for the night, with instructions to bring in a sealed ver

dict.

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the

changed to the American Quicksilver Mining
Company. A majority or the original locators in
eaco of tbe Twelve claims named, which
claims are defendants
the case on
the by-laws of the Con-
trial, signed
solidated Company, and received stock in pro-
portion to their several interests. A superin-
tendent was appointed, who took possession of
the twelve claims and went to work for the cor-
the Seventh District Court against the corpora-
poration. On April 7. 1868, suit was brought in
tion for debt. Un be 28 h of that month judg-
men was obtained, execution levied, and on the
25th of July foliowing, the sheriff sold the
properts to one Daly. Plaintiff claims that the
title is vested in him by mesne conveyance, also
an undivideo one-arth equitable loterest in the
same as early as April 11, 1864. A month previous
to the Sheriff's sale, a Mexican grant, called the
Caslamayomie, with more or less undeter-
minate boundaries, which had been re-
jected by the Commissioners under
act March 8, 1851, was confirmed by the
United States District Court. The Castamayomi
grant, it was claimed, took in the premises in dis-
pute. A survey, including a part of the premises,
was made and approved by the United States
The claimants under this
Surveyor-General."
grant prevented the other claimants from devel-
optog the mires, bailiff Jacobs, who lived near
the mines, taking charge of them. On the 6th of
February, 1865, the property was conveyed to
E. T. Clark, who, in the early part of that year
procured a favoradle report from Professor Partz
as to the prospects of these mives. This report
was corroborared by Sherman Day, a civil engi
neer. who was of the opinion tn it the claims con-
tainen large deposits of cinnabar. On the 11th
of March, 1874, plainti commenced sult
against the defendants. He claims I bat
until the fall of 1871 Do one intruded
upon the property or made any controversy about
the possession of it. The lode is visible to the na-
ked ere. Professor Partz says the outcrops of the
vefb are so large and marked that they can be
clearly discerned at a distance of several miles.
The detepoants claim, under re-locations made in
the fall of 1871, and set up that that title has been
forfeited by the plaintiff and his predecessors un-
der De mining rules and regulations. Plaintiff
says that the ofendants audaciously and ille
gaily intruded on aim and endeavored to improve
him out of the estate by improvements deliber-
ately made for that purpose-Daily Bulletin,
August 26th.

District of Oregon.

The points of the case, as shown by the evidence, are briefly these: lo 186) a mining district called the Geyser Road Miring District was established io sonoma counry, with rules and regulations, and a Recorder was duly elected. Claims composing the premises in controversy were located by certain companies in the spring of that year, ano each was taken up by the thembers in commod. At a meeting of the claimants held on the 10th or December toilo tng, it was resolved to consolidate the companies. On the 5th of January, 1861, the rules and regula. tions of the district were amended, validating all claims prior to bat date. Ou the same day the Ala California, Boston, Buckeye. Chapparal, Petaluma, Pensylvania, Healdsburg, Empire, UNITED STATES DISTRICT COURT. Russian River and Gibraltar Compaules agreed to incorporate under the name of the Geyser Quicksilver Mining Company. Bylaws were adopted, officers elected and a certificate of incorporation duly executed and acknowledged. This company was no the corporation defendant of that name. A committee Was subsequently appointed to take possession of the claims, and they were surveyed by the County Surveyor. On the 25th of April, 1861, two men went to work for the corporation in a tunnel on the Healdsburg ground. On the 3d of June following, the San Francisco and Last Chance companies transferred their grounds to the corporation, and a month larer the Pennsylvania Company received stock in the consolidated company and gave up possession of the Pennsylvania ground. On the 8th of July of that year the name of the corporation was

(TUESDAY, July 2, 1878.)

THE BLENHEIM-Peter Iredale et al., claimants.

FREIGHT-DELIVERY OF.-A vessel while taking on a cargo of flour, by the charterer, by mistake of the mate and wharfinger, took on 83 sacks more than was entered upon the bill of lading or shipped on account of the charter-HELD, that it was the duty of the master upon discharging the cargo at the port of delivery, if the owner of the 83 sacks of flour was not present to receive the same, to store it safely, subject to freight and charges, and notify the owner thereof, and that having failed to do so, but delivered the same to the chartere, or his assigns, whereby the flour was lost to the

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local law of limitation. DEADY, J.

This suit is brought by the libellant, John S. Bernard, to recover the sum of $450, the alleged value of a quantity of flour shipped on the British barque Blenheim, and not delivered or accounted for. The testimony in the case is meagre, and leaves some points, made by counsel, in doubt. But the follow ing facts are satisfactorily established. In January, 1874, and thereafter, the libellant was engaged in the business of a wharfinger and houseman at Portland, Oregon, when and where the Blenheim received a cargo of flour from the libellant, for and on account of the charterer of the vessel, to be shipped to Great Britain or the continent of Europe; that by mistake of the parties, including the mate who kept the tally, 83 sacks of Honr, weighing 98 pounds each, were shipped on said vessel in excess of the cargo furnished to said charterer, and entered upon the bill of lading, which sacks of flour were delivered by the master to the charterer or his assigns at Havre, France, and thereby lost to the libellants; and, that the Blenheim did not return to this port until shortly before the commencement of this suit-March 30, 1878. The fact that this excess of flour was taken on board and discharged at Havre is distinctly admitted by the managing owner, Mr. S. Martin, in a letter to the libellant, dated December 31, 1874.

pose of it on his account and remit the proceeds, less the freight and charges, or to return the flour to him at Portland. The flour having been lost to the libellant by this neglect of a plain duty on the part of the master, the vessel is liable to the libellant for the loss.

Objection is made that this is a stale demand, and that the proof tends to show that since the date of the transaction out of which it arises, the vessel has changed owners in whole or in part. But a sufficient answer to this objection is found in the fact that the Blenheim has not been in this jurisdiction since the taking away of this flour, until the commencement of this suit. There is no fixed rule of limitation in the admiralty, but the matter is left to the discretion of the court, to be governed by the facts and circumstances of the case, considered with due reference to the wants and convenience of commerce, and the analogies of the local laws of limitation. (Ben. Ad. §§ 574, 575.) This suit would not be barred by the statute of this Estate, even if the vessel had remained within its jurisdiction since the cause arose, but it might be brought within 6 years after the right accrued. (Or. Civ. Code, § 6.) Neither has there been any unnecessary delay on the part of the libellant in asserting his rights, from which it may be inferred that the demand was neglected or abandoned. The suit was brought as soon as it could be where the cause arose. The libellant was not bound to incur the expense or risk of following this vessel around the world to bring suit against her. It was sufficient to do so as soon as her return to this jurisdiction permitted it to be done.

Upon this state of facts I think the vessel It appears from the proof that at the time is liable as for a non-delivery of the flour. of the discharge of the cargo of the Blenheim When goods are taken on board by mistake at Havre, flour was worth there not less than as in this case the law will imply a contract $8 per barrel. These 83 sacks were equivabetween the master and owner, to deliver lent to 41 barrels, and at this rate were them on account of the latter at the port of worth $332. Add to this amount legal indestination for the remainder of the cargo-terest on the same for three years and six particularly where the goods so shipped are months, which allows one year from the of the same kind and character as the rest of time of shipment for a sale and returns, and the cargo. This being so, the general rule it makes $449.40, for which sum the libelapplies. If the owner is not present at the lant is entitled to a decree. port of delivery to receive goods, it is the duty of the master to store them in a place of safety, subject to the lien of the vessel for freight and charges, and notify the owner. (The Eddy, 5 Wall., 495.)

In this case the master of the Blenheim should have stored the flour safely at Havre, on account of the libellant, and notified him of the fact, unless, perhaps, he chose to dis

David Goodsell and H. N. Northrup, for libellants.

Benton Killin for the claimants.

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Pleading and Practice according to the Reformed System of Procedure, with the general theory of common law forms of action, and of Common Law and Equity Pleading, Evidence, Constitutional Law, Criminal Law, Admiralty Law, Patent Law.

Lectures upon Medical Jurisprudence. The Principles of Morality in their effect upon the law and in their application to its practice, Public International Law, Private In

FIRST COURSE. I.-The Law as to Persons, Text-book: Kent's Commentaries, Lectures 24 to 32. Works for collateral reading will be announced to the class. II.-The Law as to Personal Property. Text-book: Kent's Comm., Lectures 35 to 38. III.-Outline of the Law as to Contracts, including the gen-ternational Law or the Conflict of Laws, the eral doctrines which apply to all contracts, Roman Law, General and Comparative Juand the general principles of the most im- risprudence. portant mercantile contracts. Text-books: Metcalf on Contracts, Parsons do., Kent's Comm., Lectures upon the various mercan

tile contracts.

SECOND COURSE. The Law as to Real Property, including its origin and history, and all its branches except Remainders, Uses and Trusts, Powers, and certain Equi.

table Estates. Text-Books: Blackstone's Comm., second book; Washburne on Real Property.

The Statutory Legislation of California and other Pacific States is referred to constantly throughout the studies of the whole

year.

MIDDLE YEAR.

A full course of Mercantile and Commercial Law, embracing Corporations, Agency, Partnership, Sale, Bailments, Bills and Notes, Insurance, Shipping Contracts, Suretyship, etc.

Certain branches of Real Property, viz. Remainders, Uses and Trusts, and Powers. The law as to Last Wills and Testaments, and the Administration of the Estates of Deceased Persons.

MOOT COURTS, ETC.

A Moot Court will be established for the argument of causes and the discussion of legal questions by members of all the classes. It is hoped that the students will also form debating societies or clubs.

The Senior Class will have constant exer

cises in the preparation of Pleadings, and
other legal papers and written instruments.
of all kinds.

JOHN NORTON POMEROY, LL. D.
PROFESSOR OF MUNICIPAL LAW.

The CALIFORNIA LEGAL RECORD is a full and complete continuance and the only one-of the publication of the California Supreme Court decisions from the close of the

San Francisco Law Journal," vol. 1., and will contain every decision rendered since the close of that volume, on February 23, 1878, --as rapidly and soon as time and space will permit."

There have also been added twelve decisions omitted from that work through the neglect of its former editor. We have nothing_further to do with the "Pacific Coast Law Journal," nor has it any connection with us or this office. F. A. SCOFIELD & Co., Publishers and proprietors LEGAL RECORD.

Vol. I.

SATURDAY, SEPTEMBER 14, 1878.

Legal Notes.

"SUPREME COURT RECORD."

No. 24.

high and close board fence upon its own land, and about two feet from the windows of plaintiff's hotel, and almost completely excluding the light and air therefrom. The action was brought to enjoin the erection

Under this new head we shall henceforth note each week (commencing last week) ev-and continuance of the fence. The Company ery Appeal Dismissed; or continued for the term; Rehearing ;-and "Admitted to Practice;" which, with our report of every Decision and Opinion rendered, will give the final disposition of every case on the calendar

for the term.

claimed that what it had done was for the purpose of preventing plaintiff from acquir. ing. by user, an easement in light an air which would prevent the erection of buildings which the Company might in the future require for its business. The injunction was

CHURCH PROPERTY—A subscriber is inform-granted, the Vice-Chancellor stating that

ed that church property must be taxed under

the Constitution of California in cmon with

all other property. There is no published statement of the value of church property in California. It would be well, however, if the Assessors would report the assessed value of such property for publication.

RAILWAY COMPANYS' LAND.

That a railway company cannot use its land for purposes foreign to its business has just been decided in England by Vice-Chancellor Malins in the case of Norton vs. The North Western Railroad Company. Plain tiff owned a hotel which abutted upon the lands of the railway company. On that side of the hotel there were several windows.

These were used without interruption for some years, until 1874, when the company put up, on its land, a signal cabin with a small chimney, exectly under the windows mentioned. The plaintiff complained of the smoke from the chimney, which came through the windows into his hotel, as a nuisance. The Company thereupon demanded a quit rent from plaintiff, in consideration of his outlook across the railway. This being refused, the Company began the erection of a

of an owner in fee simple, and that the the Railway Company had not all the rights had the same rights as if the railway had owner of land adjoining that of a railway not been constructed. Among those rights was that of building a house with windows overlooking the land belonging to the Company, provided he did not erect such buildings as would interfere with the working of the line. Besides, a railway company is bound by statute not to do any avoidable injury to the public or to adjoining land-ownThe decision is an important one and covers a question as liable to arise here as in England.—Albany Law Journal.

ers.

"BOYS' AND GIRLS' AID SOCIETY"-We take pleasure in calling the attention of the Profesion and the Public to this truly worthy beneficent Society, for befriending the helpless and neglected children of the City.

Its rooms, at No. 68 Clementina St, and 116 Jackson St, are open every afternoon and evening, except Sundays. Over 900. children are now members :-158 have been placed in homes in the Country, or found employ. ment in the City-24.000 baths have been given; 2 Sewing Schools and an Evening

School maintained; the library, of 2.200 vol- | The course of the administration of criminal umes been in constant use ;—and the children practice cannot be stopped for 6 cents." have put $545. in the Savings Bank. 700 have joined the temperance band. The whole is entirely unsectarian, and private subscriptions are its only reliance.

But the treasury of the Society is now entirely empty, and unless aid soon comes the work must stop.-$4000. will sustain it for a year; and any friends of the little ones, from City or Country, can send subscriptions to any of the undersigned.

Geo. C. Hickox, Prest. 228. Montgomery St,
Geo. M. Johnson, Sec.-116. Jackson St.
D. C. Bates, Treasr.-318. California St.
S. B. Boswell, Trustee-318 California St.
Geo. E. Butler,
316 California St.

66

The opinion of the court is after this style: "The defendant below was found guilty of the gratuitous murder of a mother and her ten children, under circumstances of useless and offensive barbarity. We were quite prepared to hear his counsel arguing that the conviction was erroneous, and their client innocent.

cases.

It is always so in aggravated But with the innocence of Tompkins, we, as a court of error, have really nothing to do. Law is the hypothenuse of a rightangle triangle, of which logic and moral philosophy are the other two sides. Though it touches them each at one point, its general direction is quite distinct. Mistakes will happen, of course, in our judicial system, as accidents do on our railways; but we can do 624 Commercial St. without neither the one nor the other. Each usually carries its passengers in safety; and when the wrong man is now and then hung

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"Room 114Montg. Bl'k. | or blown up, he must console himself with the reflection that he is a sacrifice to the necessities of society.

or, in care of the RECORD OFFICE.

A NEW SERIES OF LAW REPORTS.!!! Somebody in Pennsylvania, dissatisfied with the way the judges of that State arrive at their conclusions, announces the publication of a new series of reports, and presents some specimens of the fictitious cases to the profession, two of which the "American Law Review," in its last issue, reprints. One of these, Silas Tompkins vs. Commonwealth, is very amusing. The syllabus reads as follows: "1. A defendant may be convicted for poisoning on an indictment which charges a murder by a clasp knife. 2. It is no objection to a conviction that it nowhere appears in the record that the Judge before whom the case was tried was duly commissioned by the Governor. 3. It is not error to ask a prisoner, when called up for sentence, 'what he has to say why judgment should not be pronounced,' etc., instead of 'whether he has anything to say,' etc. 4.

With the law of this case alone it is our province to deal. We find here the usual parade of exceptions, and points and assignments of error, and a paper book encrusted with authorities like barnacles. Everything that the ingenuity of counsel could suggest has been done to confuse and complicate the design of the case, in the hope, perhaps, that the prisoner, concealed by the dust of argumentation, might escape in a sort of legal disguise. But the eyes of justice are too quick for that sort of thing, and we, as her ministers, will block any such game without remorse.

In the case of Sargent vs. Coffin, 12 Mass. 315, it was properly decided that an erection on a navigable river was a nuisance; nd in Smith vs. Mildmay's Administrator, 31 Ala. 410, it was held that notice to the iudorser of a note of its dishonor might be waived. I need not refer to the rule In Shelly's case, 1 Rep. 88, nor to the well-known Woodworth Patent case of

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