cannot be framed for a jury, the testimony to be given shall be given orally, except when the witness resides more than one hundred miles from the place of trial, or out of the state, or is unable to attend, in which cases, the testimony may be taken in the manner now prescribed by law. Chap. 258.

NEW JERSEY. The sixty-second general assembly of this state commenced its first sitting on the twenty-fourth of October, 1837, and terminated its second on the first of March, 1838; and, during these sessions, passed one hundred and twenty-one statutes, and fifteen resolutions.

Measuring and sale of grain. From and after July 4, 1838, the bushel is to consist of sixty pounds of wheat; fifty-six pounds of rye or indian corn; fifty pounds of buckwheat; forty-eight pounds of barley; thirty pounds of oats; fifty-five pounds of flaxseed; and sixty-four pounds of clover seed.

Punishment of death. An act, to abolish the punishment of death in certain cases, provides, that there shall be three degrees of murder, namely: 1. whenever the homicide shall be perpetrated from a premeditated design to effect the death of the person killed or of any human being, it shall be murder in the first degree; 2. when perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual, shall be murder in the second degree; and, 3, when perpetrated without any design to effect death, by a person engaged in the commission of any felony, shall be murder in the third degree.

The punishment of murder in the first degree is death; of murder in the second degree, solitary imprisonment for life at hard labor; and of murder in the third degree, imprisonment at hard labor for any term not exceeding twenty years.

Any person, so sentenced to imprisonment for life, is to be considered and esteemed as civilly dead, and the same disposition to be made of his estate, as if he had died on the day of the sen

tence.

State prison. An act for the government and regulation of the state prison, which has been recently erected in this state, contains minute regulations digested in seven articles, for the performance of the duties of the several officers thereof. This institution is on the plan of the Pennsylvania penitentiaries.

PENNSYLVANIA.

The general assembly of this state, at the session thereof, which commenced in December 1837, and terminated in April 1838, passed ninety-eight statutes and twenty-two joint resolutions, very few of either of which relate to the general laws.

Actions by and against partners. Actions by and against partners are not to be abated or defeated, by reason of one or more individuals being or having been members of both firms, or being or having been of the parties plaintiffs and also of the parties defendants in the same suit. No. 75.

The same statute, which contains the foregoing provisions, and which is entitled "An act relating to the commencement of actions, to appeals from county auditors, and for other purposes," furnishes an example of a mode of legislation, more common, we believe, in Pennsylvania, than in any other of the United States. We allude to the slovenly and very improper practice of introducing several incongruous subjects into the same statute, under the unmeaning title of "other purposes." The statute abovementioned, besides the section concerning actions by and against partners, contains provisions relating to the inspection of butter and hog's lard, the boundaries of the borough of Alleghany,— certain free road and turnpike companies,-the payment of the Cumberland county school teachers, and the appointment of a measurer of marble.

Limited partnerships. The general partner, in any limited partnership, is authorized, with the assent in writing of his partner, to sell or dispose of his interest in the partnership, by deed or will. This important enactment is found, not where one would look for it, in a statute, but in a joint resolution (No. 19), “relative to the state library and for other purposes!"

We cannot help adding, that the volume containing the above statutes of the state of Pennsylvania, which purports to be printed by Theodore Fenn, and "published by authority," at Harrisburg, is altogether the meanest, in point of typography and paper, which we have ever seen devoted to the purpose of promulgating the laws of any state or country whatever.

MARYLAND. The general assembly of Maryland, at a session begun December 25, 1837, and ended March 30, 1838, passed three hundred and sixty-three acts (almost all of a private character) and seventy-nine resolutions.

Amendments of the constitution. An act, passed at the preceding session, to amend the constitution and form of government, (see American Jurist, vol. xviii, p. 505) was confirmed. Chap.

84.1

Rules of court. Chapter 116, reciting, that "courts have and exercise a discretionary power of establishing and altering rules, which, in their operation, are as binding as the acts of the legis. lature, and ought therefore to be printed and published," makes it the duty of the clerks of the county courts, to publish such rules in the newspapers printed in their several counties.

Injuries by fire from railroad engines. If any woods, fields, or other property, real or personal, shall be burned or injured, by the fire or sparks from any locomotive engine or other machine, the railroad company, in whose use or on whose road the engine is employed, is made responsible for damages equal to the injury. Chap. 309.

Maryland penitentiary. The several acts, relating to this institution are consolidated, and regulations for the government and discipline thereof prescribed, by chapter 320.

Felony. The taking and carrying away of corn from the stalk, to the amount of a peck or more, with a felonious intent to convert the same, is made a felony, punishable by confinement in the penitentiary, for not less than two nor more than five years. Chap. 361.

1 We believe, that amendments of the constitution of Maryland are effected by the concurrent acts of two successive general assemblies.

VIRGINIA. The general assembly of Virginia, at the session thereof, which commenced January 1, and ended April 9, 1838, passed three hundred and thirty-one statutes (one hundred and forty-five of which were of a public and general nature), and thirteen resolutions.

Landmarks.

The wilful destruction, obliteration, or removal

of landmarks, is made a misdemeanor. Chap. 9.

Solitary confinement. So much of the criminal law, as requires the infliction of solitary confinement, in cases of conviction of felony, is repealed; and the same is to be dispensed with, except so far as may be necessary for the proper discipline and good government of the penitentiary or jail. Chap. 26.

Limitations. In actions grounded upon any simple contract, no acknowledgment or promise shall be deemed sufficient evidence of a new or continuing contract, so as to take the same out of the operation of the statute of limitations, and no action shall be maintained, whereby to charge any person upon any promise after full age, to pay any debt contracted during infancy, or upon any ratification after full age, of any promise or contract made during infancy, unless such acknowledgment, promise, or ratification shall be made by some writing signed by the party to be charged therewith. Chap. 95.

Burning in the hand. This part of the old common-law pun. ishment of felony is abolished. Chap. 100.

Concealed weapons. The habitually or generally keeping or carrying, by any one, about his person, in such a manner as to be hidden or concealed from common observation, of any pistol, dirk, bowie knife, or other weapon of the like kind, from the use of which, the death of any person might probably ensue, is made punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding six months. Chap. 101.

GEORGIA. The general assembly of this state, at its session in November and December, 1837, passed a considerable number of laws and resolutions, mostly of a municipal or private character. The statutes are arranged alphabetically, without regard to the order of time.

Constitution. Three acts were passed, for amendments of the constitution;

1. Relating to the judiciary.

2. Changing the election of members of the general assembly from annual to biennial, and enlarging the term of office of the state's attorney and solicitor, from three to four years.

3. Relating to the pardoning power. The present constitution authorizes the governor "to grant reprieves for offences against the state, except in cases of impeachment, and to grant pardons, or to remit any part of a sentence in all cases after conviction, except for treason or murder, in which cases he may respite the execution, and make report thereof to the next general assembly, by whom a pardon may be granted." The amendment proposes to authorize the governor, in cases of treason or murder, to commute the punishment to imprisonment in the penitentiary for a term of years, or to respite the execution, and to make report thereof to the next general assembly, for pardon or commutation by that body.'

Deadly weapons. It is made a high misdemeanor, punishable by a heavy pecuniary fine, for any merchant or vender of wares or merchandize, or any other person, to sell or offer to sell, or to keep, or have about their person or elsewhere, any bowie or other kind of knives (including also pistols, dirks, sword canes, spears, &c.) manufactured and sold for the purpose of wearing or carrying the same as arms of offence or defence.

Evidence. Oral evidence, to show that a deed or bill of sale, absolute on its face, is intended as a mortgage or security, is prohibited to be received in any court, unless there is a charge of fraud in obtaining the same, in which case, oral evidence of the fraud may be received.

Limited partnerships, like those already authorized in many of the other states, on the commandite principle, are authorized to be formed by two or more persons, for almost all purposes except banking and insurance.

Partners. The insertion or use, by any partnership, in their

1 The constitution of Georgia may be amended by two thirds of the legislature, at two successive sessions.