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13 A. C. 547. This maxim will not be applied in favor of one in possession of land under an executory contract of purchase so as to enable him to destroy or waste the property or impair the vendor's security before the contract is performed. Miller v. Waddingham, 91, Cal. 377.

§ 45. In New York as between different assignees of a chose in action by express assignment, from the same person, the one prior in point of time will be protected, though he has given no notice to either the subsequent assignee, or the debtor. Fairbank v. Sargent, 104, N. Y. 108, 118.

§47. A court in one State cannot make a decree so as to directly affect land in another State. But it can act upon the person having the legal title if he be

within the jurisdiction, and compel him to convey the land or otherwise comply with its decree. It is the conveyance which has the effect and not the decree. Pointdexter v. Burwell, 82 Va., 507; Wimer v. Wimer, 82 Va., 890. A court in one State has no jurisdiction to partition land situated in another State. Wimer v. Wimer, supra.

§ 48. Maxim does not apply where a statute allows a non-resident to be served by publication in an action affecting the title to real estate within its limits. Arndt v. Griggs, 134 U. S., 316. Instance of a court decreeing compensation where it could not give specific relief. Borden v. Curtis, 21 Atlantic R. (N. J.), 472. Equity looks to the intent rather than the form. Snell's Eq., p. 42, 9th Eng. Ed.

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CHAS. F. BEACH, Jr.
ERNST FREUnd,
JOHN M. GLover,
BRADFORD W. HITCHCOCK,
LOUIS C. LEDYARD,
ROBErt Sewell,
HOWARD A. TAYLOR,
SIMON STERNE,
J. BLEECKER Miller,
EUGENE D. HAWKINS,
DWIGHT ARVEN JONES,
FREDERIC F. HARTICH,
EDWARD E. Sprague,
A. L. PINCOFFS,
STEWART CHAPLIN.
JOHN BROOKS LEAVITT,
S. C. T. Dodd,
ELIHU ROOT,
D. J. HOLDEN,

JOHN D. LINDSAY,
HENRY MORRIS HAVILAND,
THOMAS G. SHEARMAN,

ALFRED C. PETTE.

WITH this issue THE COUNSELLOR enters upon its third year under the direction of a new board of editors. It is with no small degree of hesitation and with a consciousness of their shortcomings that the editors assume the responsibility of the magazine to which we ask the students to subscribe and through which the Law School will come before the public. But in our efforts to make THE COUNSELLOR worthy of the

school that has already attained so high a standing, we earnestly ask and expect the hearty co-operation of every student of the school, its alumni and all those interested in the institution. THE COUNSELLOR is not the paper of the editors, but of the school. A few being more actively engaged in working for it does not excuse the student body from the responsibility of its success. This lies with them finally. Conscious of the disproportion of our ability to our responsibility, we ask the support of all the friends of the school. This we are confident will insure success.

Generally perhaps the same affection. is not felt by students towards professional schools as towards Almae Matres. The shorter course and absence of campus and college life account in some measure for this. And yet the institution that fits a man for his chosen profession and life. work may fairly expect from him some interest in her welfare. Especially so when the institution is one that prepares a man in a profession so noble as the lawa calling in which one may pre-eminently serve his fellow men, his country and the Great Law Giver. The success of some of our large educational institutions is greatly due to the operative interest of those who are or have been connected with them. The good that results from this interest is reactionary-the man himself is better for it. He is thereby developing a spirit that effectually tends to make him a better citizen. The man who promotes the welfare of his school whether it be academic or professional makes the friendships and associations connected therewith, more solid, more profitable, more enduring. Evidently an organ worthy of the school would advance its prosperity. Hence it

is clear that the students and alumni of the institution would help it in a material way by contributing to the existence and sustenance of such a paper.

Yet THE COUNSELLOR would not base its claims to be supported only on loyalty to the Law School-but aims to merit approbation on its own account. It is our design to make the magazine helpful to students and graduates alike.

One of the aims of the paper is to promote the study and research of all questions of public interest-but primarily of legal matters--and to afford an opportunity to the students of the Law Schoolwhich they cannot find elsewhere, to exercise themselves in clear, forcible expression of thought. To the lawyer of to-day few things are more important than acquiring an easy, lucid and convincing style in writing. There is far more pleading done in writing than in speaking. Whether it is unfortunate or otherwise, that in the forum the trend of the times seems to call for clear, concise work of the pen, rather than for brilliant and more extended oratory, we will not now discuss. This however is true, while we would strongly advocate practice in debate, there is certainly as much demand to-day for force and power in writing as in speaking. Hence in the large universities of the North the decided increase in interest and work in the literary periodicals and the lanquishing of the debating societies. There are some who can write who cannot speak-there are many who from daily practice can talk well, but whose minds seem paralyzed when they take the pen in hand. There are many at the Law School who have not had the opportunity to gain this facilitythere are some who have not attended

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While it is one of our objects to afford an opportunity to the students for writing and to publish results of some careful researches by students, yet in order that the benefit may be greater to the reader there has been secured for THE COUNSELLER a list of contributors that embraces some of the leading members of the New York bar and of this country. Accordingly there will appear articles from lawyers whose recognized ability gives authority to what they write.

A new departure in the editing of THE COUNSELLOR, and one that will make the magazine of pertinent and practical influence to each student in the Law School and to practitioners also, will be the publishing of the notes of the Law School lectures. Professor Chase, Professor Petty, and Professor Reeves have consented to edit for it their full notes on all lectures in both the senior and junior courses. Thus THE COUNSELLOR will be able to print at each issue full and correct notes with citations of all the lectures for each month. As these will be the only complete notes printed in any form this year the magazine will be well nigh indispensable to the students of the school, as well as of great value to all lawyers. Besides the use in class-room and for examination it will enable each man to have bound at a small cost

complete correct well printed notes of all lectures in the entire course of the Law School--which will be extremely valuable for reference in practice.

Asking support in behalf of our behalf of our School-we shall nevertheless conscientiously and faithfully endeavour to make THE COUNSELLOR itself worthy of support.

BOOK-REVIEWS.

THE LAW OF WILLS, by John B. Cassoday, LL.D. West Pub'g. Co., St. Paul, Minn. This is an excellent brief manual of the Law of Wills by Judge Cassoday of the Wisconsin Supreme Court, who is also Professor of Constitutional Law in the University of Wisconsin. It is substantially a publication of the lectures on this subject delivered to the law students of the University. The book gives a comprehensive survey of the whole topic, in a clear and succinct form of statement.

THE AMERICAN STATE REPORTS, Vol. XXXI. Edited by Abraham C. Freeman, Esq. Bancroft-Whitney Co., San Francisco.

This series of reports contains a selection of the most valuable recent decisions from the courts of last resort in the different States, and to every decision is appended a valuable note by the editor, collating cognate cases and stating the general

principles of law, as supported by the weight of authority, bearing on the questions involved in the decision. Mr. Freeman has been long and favorably known to the profession by his useful treatises on Judgments, on Executions, and on Partition. The present volume contains many cases of special interest and value, and the notes are admirable. We notice one note in particular on "Undue Influence as affecting the Validity of Wills," that that covers twenty pages (pp. 670-690), and gives an excellent survey of the latest and most valuable decisions upon this important question.

UNITED STATES CIRCUIT CIRCUIT COURT CF APPEALS REPORTS. By members of the Editorial Staff of the National Reporter System. Vol. I. West Publishing Co.

This is the first volume of the reports of the new Circuit Courts of Appeals, which were established under the Act of Congress of March 3, 1891, in order to relieve the U. S. Supreme Court, which had found itself utterly unable to keep up with its calendar. A copy of this statute is prefixed to this volume, and the rules which have been adopted by these courts are also given. Numerous notes are appended to the decisions, and both these and the head-notes show the usual careful editorial work of the West Publishing Company's staff.

IN MEMORIAM.

DANIEL LORD, Junior.

During the summer days just passednot long after the class of '94 had separated for vacation-one of its members was removed by death. As his classmates assemble to resume their workhis place is vacant. But his memory is affectionately cherished by those who knew him.

Son of Daniel Lord, he was the seventh in a distinguished line to bear that name. For four generations his sires have been prominent professional men-for three generations they have been lawyers of high standing. Thus by inheritance he seemed fitted for the profession of the law, which he had chosen.

Descended from an honored family, Daniel Lord Junior was worthy of his parentage. He was born in Brooklyn on the seventh day of March 1871. He attended the St. Pauls Cathedral School in Garden City. After preparation by a private tutor, at the age of seventeen he entered Yale University and graduated in the class of '92. In the fall of the same year he became a member of the New York Law School. He had completed but one year's study there when, on June the twentieth 1893, while with his family in Chicago, he met with the accident that ended his life.

Seldom does the last messenger come with such grievous hand. When in the

course of nature man lives out his allotted four score years and ten, it is easier to bow and say "Thy will be done." But when the young man is cut off in the strength and vigor of youth, strong in body and in mind, in the prime and full tide of his manhood, the future opening bright before him, our loss is greater, and our grief more poignant.

At

The writer-his classmate in College and in the Law School-knows personally the high admiration and esteem in which he was held by his fellow students. Yale he was admired and loved for sterling qualities that formed a noble character. He was a member of the Eta Phi Sophomore Society, of the Psi Upsilon Fraternity, and of "Scroll and Key." In a college where honour is cherished so zealously his confreres unhesitatingly pronounced him thoroughly honourable. With an honesty of heart and mind rarely met with, and a manliness noble and refined, he was always found on the side of truth and fairness. In every particular he was straightforward and upright, and always conscientious to such a degree that he was ever ready to undergo any loss for the sake of principle and right.

To stirling manhood and real worth were joined in him all the qualities required to constitute a gentleman. He would well have graced those times when

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