SLANDER. Explanatory Matter.-Where it is claimed, in an action for slander, that the explanatory matter which accompanied the slanderous words, so qualified them that the crime in question was not imputed, it must be shown that the explanations not only accompanied the words, but that they were sufficiently explicit to enable those who heard the same, reasonably to understand to what the words uttered referred; and that the crime which the words, standing alone and taken in their natural and ordinary meaning, would impute, was not intended to be charged: Van Akin v. Caler, 48 Barb. STAMPS. On Writs-Accidental Omission of Stamp.-Under the Act of Congress, approved June 30th 1864, entitled "An act to provide internal revenue," &c., the instrument is not forfeited, nor is the penalty incurred by an accidental omission to affix a United States Internal Revenue Stamp thereon. The forfeiture of the penalty and the forfeiture of the instrument are both embraced in one entire, connected proposition, and both rest on the same facts, the omission of the stamp, with intent to evade the provisions of the act: Hitchcock v. Sawyer, 39 Vt. Therefore a motion to dismiss a suit for the reason that no stamp was affixed to the writ, without alleging that the omission was with intent to evade the provisions of the statute, was held insufficient: Id. TROVER. Conversion-Receiptor.-Trover cannot be sustained by an attaching officer against the receiptors of the attached property, where the property becomes materially damaged or lessened in value through their negligence merely, such negligence not being regarded as equivalent to a conversion: Tinker v. Morrill, 39 Vt. In the sense of the law of trover, a conversion consists either in the appropriation of the property to the party's own use and beneficial enjoyment, or in its destruction, or in exercising dominion over it in exclusion or defiance of the plaintiff's right, or in withholding the possession from the plaintiff under a claim of title inconsistent with his own: Id. WILL. Nuncupative Will of Soldiers.-A nuncupative will of "a soldier in actual military service" may be established in a court regulated and controlled by the rules of the common law, upon the testimony of one witness only: Gould v. Safford's Estate, 39 Vt. The deceased, while a soldier "in actual military service," within the meaning of the statute, declared to his comrades, that he desired a certain uncle and aunt named to have enough of his property to make them whole, stating that he had lived with his uncle through several winters, and that his aunt had taken care of him through a fit of sickness, and neither had ever been paid therefor; and declared that he had a brother, and wanted the remainder of his property, which was personal, to go to him; and requested a comrade, the witness introduced to prove the will, to write to a person named, what disposition he desired to be made with his property. Held, that these declarations and requests were sufficient to make a good military testament: Id. The deceased belonged to a company and regiment in the "Potomac Army," when that army was moving from Virginia to Maryland to cover the cities of Washington and Baltimore, and repel the rebel invasion of Maryland in the campaign which terminated with the battle of Antietam; and when his regiment was at Tenallytown, not far from Washington, in this movement, the deceased and O., another soldier, were sick, and were ordered by their captain, with the approval of the regimental surgeon, to fall out and come on when they got rested. They continued sick, and were sent the next day by another army surgeon to Washington, and were then taken by order of the medical director to Harewood Hospital, then just established, about two miles from the city; and there the surgeon in charge informed the deceased, as soon as he examined him, that he had not long to live, and that whatever requests or dispositions of his property he had to make, he must do speedily. The deceased then made the above declarations and requests, and died soon after. Held, that he was at that time "in actual military service," within the meaning of the statute: Id. LIST OF NEW LAW PUBLICATIONS RECEIVED BY THE PUB LISHERS OF THE AMERICAN LAW REGISTER. BAILEY.-The effect of Civil War upon the Rights of Persons and of Property. By WILLIAM H. BAILEY, Counsellor at Law. Pamph., pp. 22. Salisbury, N. C.: L. Hanes, Pr. BLACKSTONE.-A portrait of Sir William Blackstone, after the portrait by Gainsborough. Engraved on Steel, by JOHN SARTAIN. Size of plate 12 15 inches. Published by John Campbell, 740 Sansom Street, Philadelphia. $5. DUFFIELD. The Lawyer's Oath. An Address before the Class of 1867, of the Law Department of the University of Michigan. By D. BETHUNE DUFFIELD. Pamph., pp. 24. Ann Arbor: Chase, Pr., 1867. OHIO.-Digest of the Ohio Reports, embracing the twenty volumes of Ohio Reports, and fifteen volumes of the Ohio State Reports. Prepared by W. Y. GHOLSON and J. W. OKEY. 1 vol. roy. Evo., pp. 677, and Appx. 181. Cincinnati, Ohio: R. Clarke & Co., 1867. $10. PENNSYLVANIA.-Cases adjudged in the Supreme Court of Pennsylvania, in January and May Terms 1866. Vol. 2, being Vol. 52 of the series. By P. FRAZER SMITH, State Reporter. INDEX. ABATEMENT See PLEADING, 14–17. ABSENTEES. See ACTION, 1. ACCOMPLICE. See CRIMINAL LAW, 15. ACCORD AND SATISFACTION. 1. Must be fully executed. Bragg v. Pierce, 562. 2. When an accord is executory. Id. ACCOUNT. See EQUITY, 12, 20; EXECUTORS AND ADMINISTRAtors, 4, 5, 10. ACCOUNT STATED. What will not amount to, between principal and factor. Cartwright v. ACKNOWLEDGMENT. Where a copy of a lease was duly certified to have been acknowledged ACTION. See BANKRUPTCY, 3; BILLS AND NOTES, 6; DECEIT. 1. ACTIONS AGAINST NON-RESIDENTS AND ABSENTEES, 1. 2. The commonwealth may maintain a civil action for its own use for 3. Right of state to bring civil action against its own officers, for neglect. 4. A town cannot bring, for fraudulent pretence in obtaining a judgment 6. One primarily liable, may be sued for benefit of another secondarily 7. A statute giving an action, vests an interest in party aggrieved. Palen 8. For injury causing almost immediate death survives to administrator. 9. Right to recover damages for fraudulent conversion of property by officer 10. Decree dismissing bill not on merits, no bar to subsequent action. 11. On the case, for the legal part of consideration of a note. Peckes v. (777) ACTS OF CONGRESS. 1789, Sept. 24. 1833, c. 57, s. 3. 1852, Aug. 30. 1861, July 13. 1864, June 3. 1864, June 30. ADMINISTRATOR. See ADMIRALTY, 3. See OFFICER, 2. See CONSTITUTIONAL LAW, I. See CONSTITUTIONAL LAW, 38. See ATTORNEYS, 1-3, 9. See BANKRUPTCY, 1, 3. See EXECUTOR. ADMIRALTY. See CONSTITUTIONAL LAW, 39. 1. The Federal courts have jurisdiction in admiralty in cases of collision 2. Such collisions, where the remedy is by a direct proceeding against the 3. By the 9th section of the Act of Congress of September 24th 1789, the 4. A state statute authorizing in cases of collision between steamboats on 5. The history of the adjudications of the Supreme Court of the United 6. Contract for transportation of passengers on the ocean, is a maritime 7. The distinguishing feature of a suit in admiralty. Id. 8. Use of depositions in, taken in another suit concerning same subject- 9. When only can be read. Id. ADMISSION. See BILLS AND NOTES, 25; EVIDENCE, I. Negotiations as an admission by an executor, that a claim remained open ADMIXTURE. See TENANTS IN COMMON, 3, 4; Vendor and Purchaser, 30. ADULTERY. See CRIMINAL LAW, 18. ADVERSE USER. See EASEMENT. AGENT. See ACCOUNT STATED; BILLS AND NOTES, 10; HUSBAND AND WIFE, 1. When liable to purchaser for fraud practised by him in sale of chattels. 2. Exceeding his powers becomes principal and acquires rights of one. 3. Right to recover money given for counterfeit bill. Id. 4. His duty to disclose his agency. Failure will make him personally lia- 5. Knowledge of agency by one partner, not constructive knowledge by his 6. Psonal liability of agent in such case. Id. AGENT. 7. What ratification of unauthorized acts, necessary to make them binding 8. Authority of factor to bind principal. Easton v. Clark, 313. 9. When no title passes, upon transfer of property by agent. Id. 10. When principal not bound by agent's receipt and use of purchase- 11. To sign, draw, and indorse notes and bills, has not implied authority burg, 246. 12. Notice of the extent of agent's authority. Id. AGREEMENT. See FRAUDS, STATUTE OF, 3, 4. Construction and validity of, for purchase of real estate. ALIMONY. See HUSBAND AND WIFE, 8-11. ALLUVION. Bank v. Schaum- Upon what the right to, depends. Saulet v. Shepherd, 630. AMENDMEMT. See APPEAL. 1. New counts relate to the commencement of the suit. 2. Authority of County Court to allow new counts. Id. De Beerski v. Dana v. McClure, 4. When a new count, declaring specially on a witnessed note, not new Id. 5. Bar by the statute is a reason for allowing amendment, not for its refusal. 6. Statute operates only on the remedy, it does not affect the indebtedness, ANCESTOR, COVENANT OF. See HEIR. APPEAL. What is matter of discretion in amendment and not appealable. Sayre v. APPEARANCE. Application by defendant for order for time to answer, amounts to an ap APPLICATION OF PAYMENTS. See Debtor and Creditor, 32. ARBITRATION. See HUSBAND AND WIFE, 23. ARREST. See BANKRUPTCY, 3; Debtor and Creditor, 31. ASSESSOR. See OFFICER, 1. ASSETS. See HEIR. ASSIGNEES. See BANKRUPTCY, 3; DEBTOR AND CREDITOR, III.; LIMITA- ASSIGNMENT. See DEBTOR AND CREDITOR, III.; EVIDENCE, 9-12. 1. Of a right of action to sue for a wrong, a, inst public policy and void. 3. What equities, assignee of chose in action, takes subject to. 4. General rule in reference to equitable assignments. Id. ASSUMPSIT. Brown v. Downes v. 1. Where a physician renders professional services to a married woman at |