selves out as ready to carry freight for all persons generally, and if the libellant had his goods carried to the wharf, and they were taken on board in the usual course of the business as other goods were, he accepted their offer, and it appears to me that the contract was complete; but if it was not, it was ratified and made perfect by the payment and acceptance of the freight.

It is true, that if goods are furtively put on board by the owner, and there is an apparent desire to conceal them, a presumption would naturally arise, that the owner intended to defraud the carrier of his compensation for his services. Such conduct might rebut the presumption of an implied contract, and a question might be made whether the acceptance of the freight was a waiver of the wrong, so as to subject the carrier to all the responsibilities which would result from a contract. But that question does not arise in this case, because there is no evidence tending to create any suspicion of that kind against the libellant. Regularly, without doubt, the clerk of the boat ought to be notified, and for his own security the shipper ought to see that his goods are entered on the freight list. But in the hurry and confusion in which the business is often done, it would be a harsh presumption to assume that fraud was intended from this neglect alone. It is certain, also, that the goods ought to be plainly and legibly marked, so that the owner or consignee may be easily known: and if in consequence of omitting to do it, without any fault on the part of the carrier, the owner sustains a loss or any inconvenience, he must impute this to his own fault. It is certain that the box had not such plain, intelligible marks upon it, as would readily point out the owner. He probably thought, as he was in company with his goods, that this was of less importance. But it was a fault on his part, and the natural and necessary consequence of that fault he must bear. But his fault will not excuse the fault of the carriers or their servants. They are not liberated from all care and responsibility, because the shipper has not placed proper marks on his goods. Bonney took and paid the freight of the three boxes. They were landed, and he had them delivered to a porter, and ordered them to be carried to his lodgings. Here was abundant proof that he

claimed them. But now, after Bonney had left the wharf, in the confidence that his goods would follow him, comes forward another claimant. She gave no better proof of title than Bonney. If the box was not marked for him, neither was it for her. Yet without any examination, without even taking the trouble to open the box and see whether it contained, as the woman alleged, her wearing apparel, and in the absence of Bonney, who had paid the freight to the mate himself, it was delivered over to her. No one can hesitate to say, upon the simple statement of the facts, that there was, in this, undue precipitancy and a want of due caution on the part of the mate. Nor will any man of ordinary prudence and caution pretend that this is the way in which opposing claims to property ought to be settled. The woman passenger had declared what the box contained if it belonged to her. If Bonney had been sent for, and the question had been asked him, the adverse claims would have been satisfactorily settled on the spot. The delivery to one of the claimants, in the absence of the other, without any further inquiry, was a gross fault on the part of the mate; and as the owners of the boat are responsible for the acts of their servants, it is imputable to them. My opinion, therefore, is, that the owners are liable. And as the respondents refused to make the libellant any compensation for the loss and damage of his goods, he was justified in leaving them upon their hands, and looking to them for their value.

LEGISLATION.

MICHIGAN. The acts of the legislature of Michigan, passed at the regular session thereof for the present year, amount to one hundred and twenty-seven in number, and are, many of them, of an important and general character.

Revised Statutes. Among these acts, we find several which make considerable changes and amendments of the revised statutes, recently enacted; as No. 39, concerning crimes and punishments; No. 53, relative to guardians and wards; No. 60, forcible entry and detainer; No. 88, wills of real and personal estates; and No. 121, relative to primary schools. The last contains an entire revision of the whole school system, in fifty sections.

Minors. The conveyance of real estate held in trust by minors for others is authorized, under the direction of the court of chancery, in certain cases. Real estate of their own may also be disposed of, under the direction of the court, for their nurture and education. No. 20.

Costs in Criminal Cases. In all criminal prosecutions, at the instance of a private person, and not of some public officer, or of the grand jury, the name of the prosecutor is required to be written on the foot of the complaint, before it is filed: and, if the defendant is discharged on examination or acquitted on trial, or a nolle prosequi is entered by order of the court, the costs are to be paid by the prosecutor. No. 27.

Courts of Special Sessions. In certain criminal cases of an inferior degree, as larceny (where the property stolen does

not exceed twenty-five dollars in value), simple assaults, and malicious injuries to gardens, &c., the examining magistrate is authorized, if he find probable cause to believe the party complained of guilty of the offence charged against him, and such party make a request to that effect, to call to his assistance two other justices of the peace, and to proceed forthwith to a trial of the alleged offence. The trial may be by the three justices, or by a jury, if the prisoner request it. The proceedings are substantially the same as in the courts of ordinary criminal jurisdiction. If no request for a court of special sessions be made by the prisoner, he is to be committed for trial in the usual manner. No. 54. Internal Improvement. A board of internal improvement is

established and regulated. No. 63.

Wills. Whenever it is necessary to the operation of a will in any other state, or in a foreign country, that the original will should be produced and proved in such state or country, the judge of probate is authorized to deliver such original to the executor or devisee, or legatee, requesting the same; in which case a copy is to be made and filed in the probate court, in place of (and to have the same effect as) the original. No. 88.

Foreclosure of Mortgages. Notice of the foreclosure of a mortgage and of the sale of the estate may be given by publishing the same for twelve successive weeks in some newspaper published in the county. No. 91.

Conveyance of Real Estate. An act relating to this subject provides as follows:

§ 1. That persons of lawful age, living in and owning lands or tenements in this state, may convey the same by deed, under seal, and signed by the person making the same, in the presence of two witnesses, which witnesses shall subscribe their names thereto as such; and the party making such deed shall acknowledge the execution thereof, before some justice of the peace, judge of the circuit, district, or supreme courts of the state of Michigan, or notary public or master in chancery, which acknowledgment shall be certified upon such deed by the officer before whom it shall be made.

§ 2. That lands or tenements lying in Michigan may be conveyed by the owners thereof, though residing in any other state or territory, by deed executed according to the laws of such state or territory, with a certificate of the proper county clerk, under the seal of his office, that such deed is executed according to the laws of such state or territory, attached to such deed.

3. Lands or tenements lying in Michigan may be conveyed by deed executed by the owner thereof, though residing in a foreign country, the same being executed according to the laws of such country: Provided, That the person executing such deed shall acknowledge the execution thereof before a minister plenipotentiary, consul, or charge d'affaires of the United States, which acknowledgment shall be certified by such minister, consul, or charge d'affaires, before whom such acknowledgment may be taken.

§ 4. That the right of dower which any feme covert may have to any lands in the state of Michigan, shall not be passed or conveyed only by deed executed by such feme covert, and acknowledged by such feme covert, on a private examination, separate and apart from her husband, that she executed the deed without fear or compulsion from any one, which acknowledgment shall be certified upon such deed by the officer before whom it may be made.

§ 5. That all deeds which shall be executed according to the provisions of this act, may be recorded in the register's office of the proper county.

§ 6. That the record of any deed which may be made under the provisions of this act, or a copy thereof duly certified by the register, may be offered and shall be received, in any court of this state, as prima facie evidence of what such record or copy thereof may contain.

§ 7. That so much of any law as makes the record of a deed or a copy thereof conclusive evidence of the contents thereof, be, and the same is hereby repealed.

8. That a scroll or device used as a seal on any deed or other instrument, shall have the same force and effect as a seal would