Page:The Green Bag (1889–1914), Volume 16.pdf/84

 Rh translated thus: "If the black-crested cock (draft) does not come, the red cock will not fight.1' The pun is on the word giro, which means both a "black-crested cock" and a "bank draft." The "canaguey" was a fighter when "sufficiently urged." Among his asso ciates the Chief Justice is familiarly called "El Canaguey." "I ENCLOSE," (writes a Maine correspond ent), "a newspaper clipping of a decision just handed down by the Supreme Court of Maine. I think the reference to the mental processes of the dog is worth preserving." The case is Carroll v. James, and deals with liability for damage by a dog, under St. 1895, ch. 115. The rescript by Emery, J., says:—3—The fact that an entry upon the premises of the owner or keeper of a dog was wilful and wanton does not of itself ex empt him from the statutory liability for the attack of his dog upon the person so enter ing. The wilfulness or wantonness of an act is not in the outward visible aspect of the act but only in the mind of the actor; and hence cannot be a provocation to the dog. THE following is vouched for as an actual occurrence in the Province of Ontario, (says The Canadian Laic1 Journal) : The Court called for ex parte applications first. A barrister (of Irish extraction) arose and made a motion, to which, when h« sat down, another proceeded to show cause. The Court was astonished. "I thought you said it was an ex parte application." "Yes, me lard; it is ex parie in the sinse that there's no rale answer to it." A LEARNED friend (says the American Law Rcviciv) sends us from Honolulu the follow ing questions which were put to a native Hawaiian, about forty-five years of age and a member of the Legislature, on his present ing himself to the court as a candidate for admission to its bar: Q. What is a trust? Into what classes may be divided? Define each. A. "A trust is a capital of a combination which mav be intrusted in the hands of a

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third party. There are several classes of trusts. I will name three in particular: (i) Special trusts for purposes which may be defined in their articles of combination; (2) General trusts for the benefit of others; (3) Dry trusts which are only for local benefit." Q. What is (a) connivance, (¿>) condona tion, (c) recrimination? A. "Connivance is the effect of con spiracy; condonation is seeing a crime com mitted and not to intervene or allowing such crime to be committed; recrimination is a counter action, such as a husband suing for divorce and the wife bringing a counter action." Q. What is the doctrine of stare decisisf A. "It is a matter which has been al ready decided1 and staring in your face; in fact, it is a decision already rendered and not appealed from and the decision stand ing final. That is stare dccisis." Q. What is a direct attack and what collateral attack? What questions may be raised or examined into in one, and what in the other? A. "A direct attack is personally; for in stance, if I strike another that would be a direct attack. Collateral attack is an attack by a third party, and not direct; for example, A and В have a difference. A engages С to assault B. That would be a collateral at tack." Q. Under what circumstances can an agent be held liable personally? A. "Under no circumstances can the agent be held liable unless he makes a breach of covenant or of a condition in the trust." Q. What is a contingent remainder? A. "A contingent remainder is a tenant who has a lease for a certain stated time un der certain indenture of lease." Q. Explain a "deed poll?" A. "A 'deed poll' is a personal privilege, and may be utilized to purposes suitable to the donator." Q. What is a natural and what an arti ficial person? A. "A natural person is an individual in person; and an artificial person is a body by name only."