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2. (Recollection of) A witness being sworn to tell the whole truth, he ought to do what is reasonable to enable him to perform that duty faithfully and sincerely, according to the spirit of his oath; and he may lawfully be required to look at memoranda or papers within his power, to aid his recollection. Chapin v. Lapham, 20 Pick. 467.
III.-MISCELLANEOUS CASES. In the Circuit Court of the United States for the Southern District of New York. AN application was made to the court, for an injunction to restrain Mr. Collier from selling a cheap edition of Marryatt's new novel, “The Phantom Ship,” on the ground, that the copyright had been purchased from the author by Messrs. Carey and Hart. It was contended, in favor of the application, that the author, at the time of the sale of the copy right, was a resident of the state of Pennsylvania, and, as such, had a right under the law of 1831, to dispose of his works in the same manner as any other American citizen. Against the application, it was urged, that captain Marryat was not a resident of the country, and therefore was not entitled to avail himself of the provisions of the law. In the spring of 1837, he came to the United States, and travelled over a considerable part of the country. During his stay, he visited Philadelphia, and, while there, filed a declaration of his intention to become a citizen of the United States. It appeared, that, during the whole time of his stay in this country, he not only considered himself a British subject, but was an officer in the British navy; and, that, during the recent troubles in Canada, he offered his services to be employed as an officer in the provincial army. Mr. Justice BETTs said, that the only question for the court to decide was, whether capt. Marryat was a resident of the country. The term resident had been decided to mean a permanent inhabitant of the state. It was evident, that a man who was a mere transient visitant, whose family, business, and relations were all abroad, could not be considered a resident, and the filing of a declaration of an intention to become a citizen could not make him one. The court therefore decided against the application. WOL. xxi.-NO, XLII. 29
Massachusetts. The legislature of this state, at the annual session thereof, which terminated on the 10th April, 1839, passed one hundred and sixty-six statutes, and ninety-two resolves. The acts are almost all of a local, private or special character. Shop-breaking. Every person, who shall break and enter, in the night time, any office, shop, or warehouse, adjoining to, or occupied with a dwelling house, with intent to commit the crime of murder, rape, robbery, larceny, or any other felony, shall be punished by imprisonment in the state prison not more than twenty years. Chap. 31. Riots. Whenever any property of the value of fifty dollars or more shall be destroyed, or be injured to that amount, by any persons to the number of twelve or more, riotously, routously, or tumultuously assembled, the city or town, within which said property was situated, shall be liable to indemnify the owner thereof, to the amount of three fourths of the value of the property so destroyed, or of the amount of such injury thereto; to be recovered in an action of the case in any court proper to try the same : provided, the owner of such property shall use all reasonable diligence to prevent its destruction or injury by such unlawful assembly, and to procure the conviction of the offenders. And any city or town, which shall pay any sum under the provisions of this act, may recover the same against any or all of the persons who shall have destroyed or injured such property. Chap. 54. Attachment. Provisions, necessary and intended for the use of a family, not exceeding fifty dollars in value, are exempted from attachment. Chap. 75. Notaries Public. The fees of notaries public for the services hereafter specified, shall be as follows, to wit: for every protest for the non-acceptance or non-payment of a bill of exchange, order, draft, or check, the amount whereof is five hundred dollars, or upwards, or for the non-payment of a promissory note for the like amount, one dollar; for recording the same, fifty cents; for every protest for the non-acceptance or non-payment of a bill of exchange, order, draft, or check, the amount whereof is less than five hundred dollars, or for the non-payment of a promissory note for the like amount, fifty cents; for recording the same, fifty cents; for noting the non-acceptance or non-payment of a bill of exchange, order, draft, or check, or the non-payment of a promissory note, seventy-five cents; for each notice of the non-acceptance or non-payment bf any bill, order, draft, check, or note, given to any party liable for the payment thereof, twenty-five cents: provided, that the whole cost of protest, including all necessary notices, and the record thereof, when the bill, order, draft, check, or note is of the amount of five hundred dollars or upwards, shall in no case exceed two dollars; and when the amount thereof is less than five hundred dollars, the whole cost shall not exceed one dollar and fifty cents; and the whole cost of noting, including recording and all notices, shall in no case exceed one dollar and twenty-five cents. Chap. 93. Devises. Whenever the estate of one or more devisees under a will shall be taken and assigned by the judge of probate for the dower of the widow of the testator, or be set out to her upon a judgment rendered in an action of dower at common law, all the other devisees and legatees shall contribute their respective proportions of the loss to the person from whom the estate is so taken or set out, so as to make the loss fall equally upon all the devisees and legatees in proportion to the value of property received by them under the will : provided, that no devisee or legatee shall be held to contribute as aforesaid, who may be exempted therefrom by the provisions of the will. Chap. 96. Testimony. Any executor, administrator, guardian or trustee, who may be a party to any suit at law, or in equity, having no interest therein, except such as arises from his liability for costs
and expenses of suit, may be a witness in such suit to any matter known to him before he assumed the trust of his appointment: provided, he shall first release his rights to recover costs in such suit, or shall receive, or have tendered to him, such security for his liability for costs, as, in the opinion of the court before which the case is pending, shall be sufficient to indemnify him on account thereof. Chap. 107.
Promissory notes payable on demand. § 1. In any action brought upon a promissory note payable on demand, made after this act shall go into operation, by an indorser against the promissor, any matter shall be deemed a legal defence, and may be given in evidence accordingly, which would be a legal defence to a suit on the same note, if brought by the promisee.
§ 2. On any promissory note payable on demand, made after this act shall go into operation, a demand made at the expiration of sixty days from the date thereof without grace, or at any time within that term, shall be deemed to be made within a reasonable time; and any act, neglect or other thing, which, by the rules of law and the customs of merchants, is deemed equivalent to a presentment and demand on a note payable at a fixed time, or which would dispense with such presentment and demand, if it shall occur at or within the said term of sixty days, shall be deemed to be a dishonor thereof, and shall authorize the holder of such note to give notice of the dishonor thereof to the indorser, as upon a presentment to the promissor and his neglect or refusal to pay the same. And no presentment of such note to the promissor and demand of payment thereof shall be deemed to be made within a reasonable time, so as to charge the indorser thereof, unless made on or before the last day of said term of sixty days.
§ 3. Upon all promissory notes payable on demand, made after this act shall go into operation, the several indorsers thereof shall be liable, upon due and seasonable notice, given according to the rules of law and the customs of merchants, of the dishonor of such notes in the same manner and to the same effect as upon the dishonor of promissory notes payable at a fixed time, and not otherwise. Chap. 121.
Highway robbery and burglary. The punishment of death, as provided for these offences, in chap. 125, § 13, and chap. 126, § 9, of the Revised Statutes, is abolished, and imprisonment for life in the state prison substituted therefor. Chap. 127.
Public administrators. The governor is authorized to appoint one or more suitable persons in each county, to serve as public administrators within the same, during the pleasure of the executive. The duty of these officers is, to take out letters of administration and administer upon the estate of persons dying intestate, and leaving no heir or kindred within the commonwealth, who, by law, can inherit such estate. Chap. 142.
Actions of trespass. Chap. 151 provides, that in all actions on the case, it shall be no objection to maintaining such actions, that, but for the act, the form thereof should have been trespass.
INDIANA. The general assembly of Indiana, at the session thereof which commenced on the first Monday of December, 1838, passed ninety six statutes. Dower. Married women, between the ages of eighteen and twenty-one, are authorized to release their dower, in any lands, &c. of their husbands, if their parents or surviving parent, where one is dead, certify, that such release is for their benefit. Chap. 6. Attachment. Where an execution debtor, who is entitled by law to hold certain property exempt from attachment, is destitute of any or all the specific articles so exempted, he is authorized, provided he has a family, to select and retain any property to the amount of one hundred dollars. Chap. 21. Juries, charges and instructions to. If either party, in a suit on trial in the circuit court, object to a verbal instruction or charge to the jury, the judge is required to give the same in writing, to be spread upon and made a part of the record. Chap. 22. Marriage. Probate judges are authorized to solemnize marriages, within their respective counties. Chap. 82.
DELAware. The general assembly of Delaware, at the session thereof, which commenced on the first Tuesday of January last, passed one hundred acts.