Abbildungen der Seite
PDF
EPUB

3. (Trustee's responsibility.) There is no case when trustees

have acted with good faith, and under the advice of counsel, in which they have been held responsible. King v. Morrison's

adm'r. 1 Penn. 188. 4. Common skill, common prudence, and common caution, are

all that courts require from trustees. Konigmacher v. Kimmel,

1 Penn. 207. 5. (Payment.) If a trustee pay a judgment against the debtor out

of the trust fund, it is as much satisfied as if the debtor had paid it, and there is no legal or equitable reason for keeping it in

force. Keller v. Leib, 1 Penn. 220. 6. The trustee cannot, by taking an assignment of it, when it is

paid, make it available against the lands of the debtor, conveyed after it was entered, either for a good or valuable consideration ;

nor can it be made to cover any other debt or demand. Ib. VENDOR AND VENDEE. 1. When land is sold by public vendue, and the advertisement

described the tract as containing 300 acres, and upon the day of sale, doubts being expressed as to the quantity, the vendor said, 'he would sell it at 300 acres, more or less, he would sell it by the acre, and it should be measured;' and it is cried and sold at so much per acre, the vendee is bound to take it, although upon a survey it is subsequently ascertained that there is an ex

cess of forty-five acres. Ascum v. Smith, 2 Penn. 211. 2. (Covenant.) A covenanted to sell and convey a tract of land

to B, ‘by a good warranty deed in fee simple,' in consideration of $ 3270. At the time the agreement was entered into, A had but a life estate in the land; subsequently he conveyed by deed, with general warranty, all his interest in the same land to his son, in consideration of $ 2451. His son, and other chil. dren in whom was vested the fee, then conveyed to B. Held, that upon the tender of such title to B the vendee, A was entitled to recover.

De Chaumont v. Forsythe, 2 Penn. 507. 3. (Covenant.) A covenant to convey .by a good warranty deed

in fee simple,' implies an obligation on the part of the vendor, to procure a patent for the land. But such implication is so qualified by the clause, 'the said vendor is to be at no expense for obtaining the patent, or any other title, voucher or document which the said vendee will think proper to get for his own personal satisfaction or security,' as to relieve the vendor from such

obligation. 16. VARIANCE. See Bills, &c. 8. VENDEE. See Taxes.

VERDICT. 1. (Costs for one party and damages to other.) A verdict in an ac

tion of ejectment, for the plaintiff, and which gives costs to the defendant, is bad, and would be reversed on error; but it can

not be treated as a nullity. Allen v. Flock. 2 Penn. 159. 2. (Release of error.) When damages, or costs, or both ought

to be assessed, if the jury omit to assess either, the plaintiff may still make the verdict good, by releasing his right to either or

both. 16. See EJECTMENT, 2, 3. WARRANTY. See MergeR. WAY-GOING CROP. 1. Where a lease is made for the term of a year, and the tenant

sows the land with spring grain, before his term expires, he has no right to the crop of spring grain cut after the term is out; and this whether the lease for a money rent, or on the shares.

Demi v. Bossler, 1 Penn. 224. 2. The custom in Pennsylvania, as to the way-going crop, is con

fined to fall grain sowed in the autumn, before the expiration

of the lease, and cut in the summer after it determines. 16. WILLS. ( Construction.) C. C. made his will in 1798, and died soon

after, seized, as he supposed, of a large real estate. By his will, after disposing of his personal estate, he directed that his land should be occupied in a certain manner for three years, then valued by twelve men, and his son John have the right to take it at the appraisement; if he refused, the other children in succession to have the right; if uone agreed to take it, it was to be sold by the executors, and in either event the money divided among his heirs. But the sum of £400 is to be charged on said estate, and remain in the hands of the purchaser;' the interest on this sum he directed to be paid to his wife, and at her death this sum to be divided among his three eldest children or their heirs; and as touching the money arising from my land and estate, I give and bequeath to my son J. O. first and foremost £1000, because he is my only son, along with his share which he shall have with my other children. His personal estate was exhausted, and his real estate sold on execution within two years after his death; a balance of £400 in 1801 was decreed to be put to interest, and the interest paid the widow.

Widow died in 1803, and in 1804 a scire fucias was issued upon the judgment given to secure the £400, in which a verdict was rendered in 1826, and the proceeds brought into

[ocr errors]

the Orphans' Court for distribution, in 1828. Held, that J. O. was not entitled to be paid out of the fund his legacy of £1000; but that he took, as to this, an equal share, as one of the 'three oldest children of the testator, that his interest in the fund was personal, not real estate, and a judgment against him no lien

on it. Feather's Appeal, 1 Penn. 322. See TRUSTS, 2. WITNESS. (Attorney.) An attorney in fact is a competent witness to prove

that a settlement made with him for his principal, upon which he executed a release to the party, was obtained by a misrepresentation of the truth. Irvin's adm'r. v. Allen, 1 Penn. 445.

LEGISLATION.

MAINE.

[ocr errors]

Forty-seven public acts were passed by the twelfth legislature of Maine, at its session, held in January, 1832.

Ch. 24. Agriculture and manufactures. By this act, the treasurer of the state is directed to pay to the treasurer of any agricultural or horticultural society incorporated by the state, a sum equal to that which the society may have raised and actually received within the next preceding year, which sums are to be appropriated to the purposes specified in the charter of the society; if there are three such societies in any county, the payment from the state treasury in any one year, is not to exceed $100 to each of them; if two only, it is not to be more than $ 150 to each; if there is only one such society, it shall not exceed $ 300. Societies availing themselves of the benefit of this act, are required annually to offer premiums for introducing or improving any breed of useful cattle, or animals, or any tools, or implements of husbandry or manufacture; introducing, raising, or preserving any valuable trees, shrubs or plants; or in any way encouraging or advancing any of the branches or departments of agriculture, horticulture, or manufactures.' Persons to whom premiums shall be awarded, are required to deliver to the society, a statement of the course pursued by them in the cultivation of their lands, &c. which shall be laid before the legislature, to be submitted to the committee on agriculture; this committee is authorized to publish such extracts therefrom, together with such essays relative to the subject, as they may think adapted to the advancement of agriculture or horticulture. The privileges granted by this act may be enlarged, restricted or annulled at the pleasure of the legislature; the act is to continue in force for the space of five years from the passing thereof.

Ch. 9.Bears, wolves, fc. An act was passed to encourage the destruction of bears, wolves, wild-cats and loup-cerviers.

Bridges. Five acts were passed providing for the preservation

of certain bridges; they enact, that if any person willingly ride or drive any horse or horses over or upon any of those bridges, faster than upon a walk, he shall, for every such offence, forfeit three dollars, for the use of the proprietors of the bridge.

Ch. 36.— Inspection laws. If any inspector of pickled fish, smoked alewives or herrings ‘put his official mark or brand upon any barrels, &c. of pickled fish, or boxes of smoked alewives or herrings, in which he shall, at the time, be directly or indirectly interested, he is 10 forfeit one dollar for every barrel, &c. so branded.

Ch. 18. This act regulates the inspection of beef and pork.

Ch. 39.—Ministerial funds. The trustees of any ministerial fund, incorporated by the legislature of Massachusetts, before the separation of Maine, in any town within this state, may, with the consent of such town, transfer the fund to the selectmen, town clerk and treasurer of such town, who are constituted ex officio the trustees of the fund; after the transfer, the annual income of the fund is to be applied to the support of primary schools in the town. The income of any fund, which has arisen or may arise, from the proceeds of the sale of lands reserved for the use of the ministry, or of the first settled minister, in any town, “and which fund, or the land from which it may arise, has not become vested in some particular parish within such town, or in some individual,' is to be annually applied to the support of primary schools in the town. But this act is not 'to exempt any town from raising, for the use of schools, the same sum of money, beyond the income of the fund aforesaid, that it is now by law required to raise for that purpose.'

Ch. 45. Militia. This is an additional act for organizing and governing the militia ;' it requires town treasurers to supply, at the expense of the state, the different companies of infantry, riflemen and cavalry with powder, prescribes the duties of clerks in relation to prosecutions for fines, and requires the commanding officers of regiments, to call out, on the day previous to the annual reviews, the officers of their regiments, 'for the purpose of instructing them in military duty and exercises ;' if any officer unnecessarily neglect to attend such drill, he is to be immediately removed from office. The act also regulates the formation, &c. of courts-martial; the exemption allowed to persons between the ages of forty and forty-five years, by the act of 1821 is extended to all persons between the ages of thirty-five and forty-five years.

Ch. 44.—Sheriffs, fc. Whenever a sheriff, coroner or constable may have arrested any person, he is authorized to convey

« ZurückWeiter »