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2. A telegram was sent over the lines of several companies, and delivered to the person to whom it was addressed by the last company, on a printed blank containing a notice that the company would not be liable for the default of other companies. There was an error made in transmitting the message, whereby the receiver suffered damage, to recover for which he sued the company, who set up in defence (1) a statute limiting actions ex delicto to one year; (2) that the mistake was made by another company. Held, that the action was ex contractu, and so not barred, and that the burden of proving the second defence was on the company. - De La Grange v. South-western Telegraph Co., 25 La. Ann. 383.

TENANT FOR LIFE. See REMAINDER.

TORT.-See CONTRACT, 2; Telegraph, 2.
TOWN.-See MUNICIPAL CORPORATION.

TRADE-MARK.

Plaintiff, who made and sold gin labelled "Wolfe's Aromatic Schiedam Schapps," brought suit to restrain defendants from labelling the gin sold by them "Van Wolf's" or "Von Wolf's Aromatic Schiedam Schnapps." Held, that plaintiff was entitled to an injunction to restrain defendants from using the Wolfe," or any colorable imitation thereof; but that neither of the other words in the label were entitled to protection as trade-marks. — Burke v. Cassin, 45 Cal. 467.

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TRAVELLER. See LORD'S DAY.

TRESPASS.

1. One who kills a dog found trespassing on his premises, but doing no damage, is liable to the owner of the dog in an action of trespass. Brent v. Kimball, 60 Ill. 211.

2. A railroad company, after action brought against them for a wrongful entry on land, took proper proceedings to appropriate the land according to law. Held, no bar to the action.Missouri, Kansas, & Texas Ry. Co. v. Ward, 10 Kans. 352.

See FALSE IMPRISONMENT; Judgment; Judicial Sale.

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1. Trustees held stock in a corporation, whose property consisted wholly of real estate, part of which was taken by the right of eminent domain, and the money paid as compensation therefor was divided among the stockholders. Held, that the money so received by the trustees belonged to the capital, and not the income of the trust fund. Heard v. Eldredge, 109 Mass. 258.

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2. A. by deed gave all her property, real and personal, to a trustee, in trust to pay the income to her during her life, and on her death to pay and transfer the property as she should by will appoint, and in default of appointment to convey and pay over the property to her heirs at law. The property was all personal,

and the trustee made no change in the investments, though he had power to do

so by the deed. A. died intestate. Held, that the property went to her personal representatives, and not to her heirs. - Sweet v. Dutton, 109 Mass. 589. 3. Land was conveyed in trust for the erection and maintenance of a meetinghouse for the members of the Methodist Church. Held, that one of the grantors, not being a member of the church, could not bring a bill in equity to enforce the trust. Strong v. Doty, 32 Wis. 381.

ULTRA VIRES. · See CORPORATION, 1; MUNICIPAL CORPORATION, 1; NEGLIGENCE, 2.

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1. Bill to foreclose a mortgage against one who had bought the property subject to the mortgage. Held, no defence that the consideration of the mortgage was usurious. ·Conover v. Hobart, 9 C. E. Green, 120.

2. By the law of Pennsylvania, the reservation of more than six per cent interest on a loan imposes no penalty or forfeiture on the lenders, but the borrower may recover the excess over that rate. A loan was made at eight per cent, and the borrower by separate agreement at the same time waived his right to recover back the excess. Held, that the agreement was against public policy, and void. - Bosler v. Rheem, 72 Penn. St. 54.

VARIANCE.

Defendant was indicted for larceny of five certificates of shares of stock of the number 7056 of the S. Company. The proof was of a larceny of one certificate, which bore that number. Held, a fatal variance. People v. Coon, 45 Cal. 672.

VENDOR AND PURCHASER.

See DAMAGES, 3; LIEN.

VOID AND VOIDABLE. -See CONTRACT, 1.

VOLUNTARY CONVEYANCE. See BONA FIDE PURCHASER, 1; MISTAKE.

WAR.

A note was made in 1864, payable six months after the conclusion of a treaty of peace between the Confederate and United States. Held, that it became payable six months after the end of the war.- Knight v. McReynolds, 37 Tex. 204.

WARRANT. See FALSE IMPRISONMENT.

WAY.

Action against a town for injuries caused by a defect in the highway, which frightened plaintiff's horse and caused him to run away, upsetting the wagon at a place where there was no defect. Held, that defendants were liable. Willey v. Belfast, 61 Me. 569.

WILL. See ASSESSMENT; DEVISE; LEGACY; POWER.

WITNESS.

1. In an action by an executor, in which the defence was the Statute of Limitations, the plaintiff offered the testator's widow as a witness to prove a new

promise made by the defendant to the testator in his lifetime. Held, that she was incompetent. Reeves v. Herr, 59 Ill. 81.

2. A by-law of a bank provided that its shares should be transferable by indorsement in writing by the holder in presence of the cashier or two other witnesses. Held, that the written attestation of the witnesses was necessary for a valid transfer. - Dane v. Young, 61 Me. 160.

3. An attorney who has opened a case and examined witnesses is a competent witness for his client. - Follansbee v. Walker, 72 Penn. St. 228.

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"Expenses Incident to said Estates." - See ASSESSMENT.
"For Collection."- See AGent, 3.

"Heirs at Law."-See TRUST, 2.
"Obstruct."-See RAILROAD, 1.

BOOK NOTICES.

The History of the Common Law of Great Britain and Gaul, from the earliest period to the time of English legal memory. By JOHN PYм YEATMAN, of Lincoln's Inn, Esq., Barrister-at-Law, author of "An Outline of the Practice of the Mayor's Court of London," &c. Part I. London: Stevens & Sons, 119 Chancery Lane, Fleet Street, E. C. 1874.

MR. JOHN PYM YEATMAN possesses at least two qualities in common with the distinguished Englishman whose name he bears, independence and courage. Without the former, he could not have written, without the latter, he would hardly have published the extraordinary work which forms the subject of this notice. He belongs apparently to that class of thinkers who feel personally insulted by the Darwinian hypothesis, and who defend the ancestors of the race from the suspicion of having descended from apes with the same personal zeal that one displays in vindicating the memory of his father. In the same spirit Mr. Yeatman rushes to the defence of the ancient Briton, whose reputation has long languished under the foul calumnies of Julius Cæsar, and attacks with almost vituperative energy the modern historians who devote themselves, as he says, "to the parricidal task of annihilating our forefathers." Indeed, his book, of which, be it remembered, we have as yet only the first part, reads a little like a family chronicle; and we may expect in succeeding portions to have the author's descent from Noah through the ancient Britons clearly established.

In brief, his theory, as we understand it, is this: the island of Great Britain was settled in the age of Noah by Gomer, one of the sons of Japhet, and his immediate descendants, who, on their way from Ararat, stopped in Troas where they founded Troy, in which they dwelt till its destruction by the Greeks in the Trojan war, when they continued their course to England, where they became the lineal ancestors of the modern English. (He who wonders that Gomer could outlive Troy need only be reminded that the age of Noah was not far from the age of Methuselah.) The nation thus happily founded continued to grow in civilization and enlightenment till the invasion of Cæsar. Their Druids were the first scholars and philosophers of antiquity, and from them Pythagoras borrowed the doctrines which, transplanted to a less enlightened country, served to render his name illustrious. Cæsar, finding them in every respect the superiors of the Romans, and unable to conquer them, contented himself with abusing them; and, like the fox with the grapes, described them as not worth the conquering. His reputation for truth for a while enabled him to deceive his countrymen, who, after his death, finding out at last its real character, occupied the island, which became thereafter the favorite home of the emperors, the seat indeed of Roman power. The Saxons, who by some inexplicable chain of circumstances have acquired a place

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in history which they never deserved, at no time conquered or ruled this elect people. In fact, our author denies that there ever was any Saxon nationality, any Saxon literature, or even a Saxon language.

The so-called Saxons were merely a class in the community, - robbers, cut-throats, and scoundrels, for which latter term the word "Saxon" seems to have been an early English equivalent. This theory becomes important and pertinent to his subject, because by its aid the author rescues our glorious common law from any reproaches which have been heaped upon it by those who have foolishly supposed that it was of Saxon origin.

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We may at once illustrate our author's method, and satisfy such sceptics as may have fancied that we have misstated his theory by a few quotations. If they convince our readers that the theory is correct, we shall have done what the author expects to do. He says: "We cannot think of Stonehenge, which was out of date in Cæsar's time, and had even then lost its history, without calling to mind that this country must have been an important settlement very early in the world's history, probably in the very age of Noah himself; and we cannot read in the first book of Moses the fact that the sons of Japhet divided amongst them the isles of the Gentiles, every one after their tongue, after their families, in their nations,' without believing that they also peopled this country, and that with several distinct nations." The common error as to the derivation of Albion is thus exploded. We know that part of the lot of Tubal was called Albania; and, from Ezekiel, that Tubal and Meshech traded in vessels of brass. We can hardly doubt but that the sons of Tubal and Meshech established their trade here, and they may have given to this country its oldest name, and that they must have been amongst its first, if not its very first inhabitants. We cannot altogether reject the tradition of the ancient Britons - those settled in Wales - that they came from Troas. Pliny tells us of a town in Phrygia called Cimmeres, a name clearly derived from Gomer. The Phrygians were ultimately dispossessed by the Galatians or Gomerites, who, in spreading abroad, also probably colonized this island." "Equally strong evidence may be suggested in favor of the theory that we have descendants of Gog amongst us." (Undoubtedly our author refers to the wellknown Gog and Magog, household words of our infancy, but whose value in tracing the genealogy of the English race we have hitherto but insufficiently appreciated.) "On no other hypothesis than that the ancient inhabitants of this country were the descendants of Japhet can we account for their primitive language, their religion, and philosophy, and for their knowledge of the arts and sciences.' His intimate acquaintance with the religious and philosophi-. cal tenets of Japhet, and with the quaint old Japhetian in which they are expressed, has opened to Mr. Yeatman sources of historical information denied to his opponents, the modern historians, who might have stayed their parricidal hands, had they been equally favored.

As to the Trojan episode in the career of Japhet's children, the author says: "The Britons themselves claimed to be the descendants of the ancient Trojans, and unquestionably they show at every stage of their history that they are worthy of such high descent. Although it may be dangerous to depend upon Homer, yet there is strong reason for believing that in his grand works there is a substratum of historical truth. . . It is sufficient to assume

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