that the dividend was rightly paid to the widow, instead of being reinvested by the trustees. Ib.

4. So a dividend of the proceeds of patent rights and patterns

belonging to a manufacturing company and sold by them, was held not to be a part of the capital stock, but to have been rightly paid over to the widow. lb.

5. The executors having offered an account in the probate court, in which they charged themselves with the value of certain stocks belonging to the testator, and credited themselves with the same sum as the value of the same stocks appropriated by them as the trust fund; and the judge of probate having allowed the same, it was held, that the college and the hospital, not having appealed from the decree, were precluded from objecting to the investment of the trust fund. TRUSTEE PROCESS.

b.

1. If a tenant in common takes money for the common property, whether by design or mistake, he is answerable in assumpsit to his co-tenant. Miller v. Miller, 9 Pick. 34.

2. Where the plaintiff and defendant, being owners of a brig, employed her in many voyages to and from the West Indies, sharing in the gain or loss, and their factor in the West Indies, being indebted to them jointly on account of the voyages, and also to the defendant individually, made shipments to the defendant to pay the individual debt, the proceeds of which shipments exceeded that debt, it was held that an entry by the defendant in his books, crediting the balance to the owners of the brig, was evidence of an appropriation of the balance to the joint debt, although the defendant did not open any account between the factor and such owners. Cole v. Trull, 9 Pick. 325. 3. Held also, that the defendant had no right to appropriate the balance exclusively to his own share of the joint demand. 1b. See ATTACHMENT, FOREIGN.

TURNPIKE ROAD. See WAY, 3.

UNITED STATES.

1. Although the authority of the Supreme Court of the United States is supreme where it has jurisdiction, yet before executing its mandate upon the reversal of a judgment of a state court, the state court may look into the proceedings, in order to have a revision of the decision, in case it shall be of opinion that the court of the United States has assumed jurisdiction by mistake. Dennie v. Harris, 9 Pick. 364.

2. The lien of the United States for duties is restricted to the specific goods on which the duties have accrued. lb.

USURY.

A note reserving interest, negotiated by a broker or agent, who obtains the money on the same for the maker from a third person, is not usurious in the hands of the holder, although the agent be the payee of the note, and receives twelve and a half per cent. for the negotiation; no part of such sum being paid or agreed to be paid to the person advancing the money. Barretto v. Snowden, 5 Wend. 181.

VERDICT.

Court may alter a verdict so as to make it conform to the intention of the jury, without consultation with them. Hay v. Ousterout, 3 Ohio Rep. 384.

VOTES.

Printed votes are written votes, within the meaning of the provision in the constitution of Massachusetts, that every 'member of the house of representatives shall be chosen by written votes.' Henshaw v. Foster, 9 Pick. 312.

WAGER.

An action will not lie for the recovery of a bet made after an election and previous to the result being known, on the number of votes which a candidate for a public office has received beyond the number given to his competitor. Brush v. Keeler, 5 Wend. 250.

1. Where a party obtains a right to a private road of the width of two rods, the owner of the land through which it passes must so build his fences as to leave full two rods in width in every part of the road; he cannot build a Virginia fence, placing the centre on the exterior lines of the two rods with the angle projecting into the road. Herrick v. Stover, 5 Wend. 580. 2. A party will be deemed to have assented to such location of the fences, if apprised that the damages of the owner of the lands were assessed in reference to such location, or if he permits the fences to be thus built without objection. 1b.

3. Though a turnpike corporation has only an easement in the land over which the turnpike road is located, it may make any use of the land which is necessary for the enjoyment of its franchise. Tucker v. Tower, 9 Pick. 109.

WITNESS.

1. An interest in a cause, to exclude a witness, must be direct and certain, not contingent; where, therefore, a witness had the

promise of an order for the amount in controversy when recovered, such promise was held not to render him incompetent. Ten Eyck v. Bill, 5 Wend. 55.

2. An endorser not shown to have been made liable by notice of the dishonor of a note, and not called to prove the genuineness of the note, is a competent witness, in an action by the endorsee against the maker, to show that the note is not usurious. Barretto v. Snowden, 5 Wend. 181.

3. It seems that he would be a competent witness for such purpose, although he had been fixed by the non-payment of the note.

lb.

4. A party cannot impeach his own witness by showing him to be unworthy of belief on the score of bad character; but if he calls a witness to prove a particular fact, and fails in establishing it by him, he may nevertheless prove the fact by another witness, or may show that the account given by the first witness is incorrect. Lawrence v. Barker, 5 Wend. 301.

5. A witness cannot be cross-examined to a distinct collateral fact, for the purpose of afterwards impeaching his testimony by contradicting him. Ib.

6. Party putting witness on his voir dire as to interest, cannot afterward except to him. Bisbee's Lessee v. Hall, 3 Ohio Rep. 416.

LEGISLATION.

UNITED STATES.

At the last session of Congress, 1830-31, one hundred and twenty-five acts, public and private, and two resolutions, were passed. There are two numbers 58 in the pamphlet of these laws, 'published by authority,' making the chapters as numbered 124. Ch. 14.-Expenses of the Trial of Judge Peck. An appropriation of $13,500 was made for defraying these expenses.

Ch. 16.-Navy. Three schooners not exceeding 12 guns each, are authorized to be built.

Ch. 57. For pay of officers and seamen, $1,278,694 is appropriated; provisions, $173,460; repairs of vessels, $615,400; medicines, &c., $25,500; navy yards, for repairs and improvements, $244,000; wharf at Pensacola navy yard, $28,250; marine corps, $109,373; clothing, $28,765; fuel, $9,098; and other purposes, $369,103.

Ch. 16.-Copyright. Any person, being a citizen of, or resident in the United States, and author of any book, map, chart, or musical composition, or who 'shall invent, design, etch, engrave, work, or cause to be engraved, etched, or worked from his own design, any print or engraving,' his assigns, executors, &c., shall have the sole right of printing, publishing, and vending the same, 'for the term of twenty-eight years from the time of recording the title thereof.'

If at the expiration of that time, the author, or any of the authors, inventors, &c., shall be still living, and a citizen of the United States, or resident therein, or 'being dead, shall have left a widow, or child, or children, living, the exclusive right shall be continued to such author, designer, &c., or such widow and child, or children, for the further term of fourteen years: Provided that the title of the work shall be a second time recorded, and such other regulations as are herein required in regard to original copyrights, be complied with in regard to such copyright, within six months before the expiration of the first term.

s. 2.

In case of renewal of a copyright, the author or proprietor shall, within two months from the date of the renewal, cause a

copy of the record thereof to be published in one or more of the newspapers printed in the United States, for the space of four weeks. s. 3.

'No person shall be entitled to the benefit of this act, unless he shall, before publication, deposit a printed copy of the title of such book in the clerk's office of the district court of the district wherein the author or proprietor shall reside.' And the author shall, within three months from the publication, deliver, or cause to be delivered, a copy to the clerk of said district.

s. 4.

No person shall be entitled to the benefit of this act, unless he shall give information of the copyright being secured, by causing to be inserted in the several copies of each and every edition, on the title page, or the page immediately following, if it be a book, or if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music or engravings, upon the title or frontispiece thereof, the following words, viz. Entered according to act of Congress in the year by A. B. in the clerk's office of the

district court of

-: s. 5.

If any other person shall, within the term of the copyright, print, publish, or import, any copy of such book, without the consent of the person legally entitled to the copyright thereof, in writing, signed before two or more credible witnesses; or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, &c., any copy without such consent in writing, such offender shall forfeit every copy of such book to the person legally, at the time, entitled to the copyright thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed or printing, published, imported, or exposed to sale, contrary to the intention of this act; the one moiety to the legal owner of the copyright, and the other to the use of the United States, to be recovered by action of debt.' s. 6.

If any person during the term of the copyright shall engrave, etch, &c. or cause to be engraved, etched, &c. or import for sale, any such chart, &c. without the consent of the proprietor first obtained in writing, signed in the presence of two witnesses; or, knowing them to be so printed or imported, shall without such consent publish them, he shall forfeit the plates and the copies to the proprietor of the copyright; and shall forfeit one dollar for each sheet of such map, &c., one moiety to the proprietor and the other moiety to the United States. s 7.

Publication of Manuscripts. Any person who shall publish any