Where, after the contract has been made and the bond executed and delivered, the employer forms a partnership with third persons, and the laborer, by verbal agreement between him and the firm, contracts to serve the firm, and pursuant to such agreement does subsequently serve the firm for nearly two years, upon a different agreement as to compensation. the sealed contract and bond are thereby abandoned and superseded, and no action will lie thereon for an alleged breach occurring after such a term of service under the new arrangement: Id.

Shipping-Bill of Lading-Purchase of Goods in Transitu-Claim for Freight. The master of a vessel, who signs a bill of lading by which he acknowledges the receipt, on board, of goods, of a designated kind and a specified quantity, and agrees to deliver the same to the shipper or his assigns, on payment of freight, at a specified rate per ton, is bound to deliver to one purchasing the goods in transitu and taking from the shipper, an assignment of the bill of lading, in good faith, and relying thereon, goods of the kind so designated, and the specified quantity thereof: Byrne vs. Weeks.

An acceptance of goods of the designated kind, but less than the specified quantity thereof, after discovering that there are more goods of one designated kind and less of another on board than the bill of lading calls for, but the same aggregate quantity in all, does not absolve the master from the liability contracted by the bill of lading, nor impose upon such an assignee of it a duty to take more of one kind or accept less of another, than the bill of lading specifies: Id.

Where, in such a case, after a part delivery, the master refused to make a further delivery, unless the assignee would accept a delivery of all the goods on board as a performance of the carrier's contract, which the assignee declined to do, and the master thereupon sued the assignee and recovered judgment for the whole freight; issued execution thereon, and caused the goods remaining on board to be levied on as the defendant's property, and to be removed and stored, and they were subsequently sold by the depositary to satisfy his claim for storage, and at such sale they were purchased by such assignee-the master thereby loses his lien on the goods so levied on for freight; and the assignee obtaining possession as such a purchaser, does not obtain a delivery under the bill of lading. and is not liable for the freight of such goods-they having been so bought in ignorance of any claim or lien thereon in favor of the master for freight: Id.

SUPREME COURT OF MICHIGAN.1

Land Contract-Failure to improve," and to pay Taxes-Evidence of Intention of Vendor to rescind-Compound Interest, where Vendee in Default asks Specific Performance.-The failure of the vendee to tender performance and demand a deed before filing a bill for the specific performance of a contract for the sale and conveyance of lands, only affects the question of costs: Morris vs. Hoyt.

A stipulation in such a contract, that the vendee shall "improve the premises," but specifying neither the kind nor extent of the improvements, is so indefinite that the intention of the parties cannot be known; and on a bill for specific performance, it will be treated as immaterial: Id.

A failure of the vendee to pay the taxes as stipulated in such a contract, stands upon the same basis, as respects specific performance, as a default in the payment of instalments of the purchase-money: Id.

A provision in such a contract, that on failure by the vendee to fulfil the agreements on his part at the time specified, the vendor may re-enter and take possession of the land, and all rights of the vendee under the contract shall be null and void, and all payments and improvements made by him shall be forfeited, does not make time so far of the essence of the contract, as that all rights of the vendee become ipso facto forfeited merely by a failure to pay at the times agreed upon, without any act on the part of the vendor indicating an intention to insist upon the forfeiture Id.

:

Under such a provision, the only mode by which the vendor can forfeit the rights of the vendee, is by re-entering and taking possession of the land, or some act equivalent thereto: Id.

Where a vendee seeks the specific performance of a contract after default in the payment of instalments of principal and interest, he will be required to pay interest on the instalments of interest from the time they fell due: Id.

Constitutional Law-Control of Detroit City over Ferries to the Canada Shore, not an interference with the Power of Congress over Commerce.— The Ordinance of the City of Detroit, requiring ferry-boats running to the Canada shore to pay a license-fee, and imposing a penalty for its violation, is not unconstitutional as an interference with the power of Congress over commerce. And the master of a boat, enrolled and licensed under the

1 From Hon. T. M. Cooley, Reporter; to appear in 11 Michigan Reports.

}

acts of Congress for the coasting and foreign trade, is liable to the penalty for running it as a ferry-boat without first obtaining a license from the city: Chelvers vs. People.

Ustry a personal Defence.-Usury is a personal defence, to be made by a party to the contract. One who has purchased lands subject to a mortgage, cannot make this defence to the mortgage in a suit to foreclose it. Sellers vs. Botsford.

Constitutional Law-"Due Process of Law"-Seller of Property cannot purchase of Himself.-Unless in proceedings to collect the public revenue, no person can legally be divested of his property without remuneration or against his will, unless he is allowed a hearing before an impartial tribunal, where he may contest the claim set up against him, and be allowed to meet it on the law and the facts: Ames vs. The Port Huron Log-Driving and Booming Co.

The statute for the formation of log-driving and booming companies, in so far as it undertakes to authorize companies formed under it, without any necessity arising from the obstruction of their own business, to assume the control and management, on the public waters, of the logs of unconsenting parties who have made insufficient provision for running them, and to enforce compensation against the logs for thus controlling and managing them, is unconstitutional:

1. It allows persons thus organizing to assume a police power over the waters used, and thus to exercise a public office without either an election or an appointment.

2. It deprives persons of their property without due process of law, since under the statute the company or its agents must of necessity determine when the case arises which justifies assuming such control, and the company afterwards assesses its own charges, and proceeds to sell the property to pay them: Id.

No one without express authority of law can become a purchaser of property, which it is his duty to sell for the best price it will bring: Id.

Equity of Redemption in Chattels.-A mortgagor of chattels is entitled to redeem in equity, at any time before the mortgagee has foreclosed by reducing the property to possession, or by selling it under the power of sale in the mortgage: Van Brunt vs. Wakelee.

Sule of Chattel Interests in Lands on Execution.-Chattel interests in lands are to be sold on execution as personal estate. The sale of an estate

for years in lands, made in accordance with the statutory provisions for the sale of real estate, is void: Buhl vs. Kenyon.

Statute prohibiting Ejectment on Mortgages-Bill to quiet Title by Party not in Possession.-The statute taking from mortgagees the right to bring ejectment before foreclosure, is inoperative as to mortgages given prior to its passage: Blackwood vs. Van Vleet.

The fact that the statute allows two new trials in an action of ejectment, is no reason for the interposition of equity to try titles to land: Id.

Bill in equity was filed against one in possession of lands claiming them under tax titles, to have these titles declared void, and complainant's title to the lands quieted; and also for an injunction to restrain defendant from the commission of waste. Complainant had not established his right at law, and had brought no suit for that purpose. It was held that the bill could not be sustained: Id.

Mortgage for Sums not specified-Statute of Limitations and Lapse of Time.-A mortgage given to secure all existing debts of the mortgagor to the mortgagee, but not specifying their amount, is valid not only against the mortgagor, but against subsequent purchasers with actual or constructive notice: Michigan Insurance Co. vs. Brown.

The remedy by foreclosure of a mortgage, is not lost by an action at law

upon the debt becoming barred by the Statute of Limitations. The equitable remedy may be pursued at any time before a presumption of payment arises by the lapse of twenty years' time. And this presumption differs from a limitation of action at law, in that it is not an absolute bar to the remedy: Id.

Where an action at law upon the debt is barred, a Court of equity will not, in a foreclosure suit, make a personal decree against the mortgagor. But the mortgagor is still a necessary party to the foreclosure suit: Id.

Damages for Fulse Imprisonment.-If one is arrested on a void execution. and gives bond for the jail limits, the bond is void, and he cannot, in an action for false imprisonment, recover damages for remaining on the limits according to the terms of the bond: Fuller vs. Bowker.

Review of the Evidence on Certiorari.-On common law certiorari, only questions of law are open, and the Court cannot weigh the evidence to determine whether questions of fact have been correctly decided. It sony where there is an entire absence of proof on some material fact

found, that the finding becomes erroneous as matter of law: Hyde vs Nelson.

Insurance-Measure of Damages under a Policy which gives the Insurer the Option to rebuild, and where the Local Law forbids Rebuilding.-Plaintiff insured with defendants his wood warehouse, situate within the fire limits of Detroit. The policy contained a stipulation that in case of loss or damage by fire, it should be optional with the company to rebuild or repair the building. A fire occurred which destroyed the roof of the building, but did not otherwise essentially injure it. The Common Council of Detroit refused plaintiff permission to repair, and the building was therefore nearly or quite worthless. Suit being brought on the policy, defendants claimed that they were only liable for such sum as would be sufficient to repair the building. Held, that plaintiff was entitled to recover the whole amount insured: Brady vs. N. W. Insurance Co

NOTICES OF NEW BOOKS.

ELEMENTS OF INTERNATIONAL LAW. By HENRY WHEATON, LL.D., Minister of the United States at the Court of Prussia; Corresponding Member of the Academy of Moral and Political Sciences in the Institute of France; Honorary Member of the Royal Academy of Science in Berlin, &c., &c. Second Annetated Edition. By WILLIAM BEACH LAWRENCE, Author of "Visitation and Search," &c., &c. Boston: Little, Brown & Co. London: Sampson Low, Son

& Co. 1863.

We are here presented, by this excellent law publishing house, with a new edition of the most approved work upon International Law. It is certainly a just occasion of pride and gratification to all loyal Americans, to reflect that one of our own countrymen should have produced a work, upon this delicate and difficult subject, which should have met with such universal acceptance and approbation throughout the civilized world. For this work is now accepted as the standard text book upon International Law in almost every court in Europe. And the present edition is enriched by the careful and exhausting labors of such an editor as few authors can expect to find, to keep up their books to all the requirements of advanc. ing commerce and civilization.

If there is any fault to be found with the present edition, it is that it was not allowed to make two volumes of moderate size, instead of one so