Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1867-04-10

them to testify directly to such value
in view of the hazards and chances OF
the business to which the land was to
be devoted.
3. When a cause In which the par
ties are entitled to jury trial, is re-
ferTed by the court, by consent of the
parties, 10 three referees, with an
agreement that their decision shall be
final, and the award is only signed by
two of the referees, either is entitled to
a second trial, as in cases of a verdict
by jury.
Judgement reversed, and cause re-
marded.
Day, J. G. Held:
l. A conveyance bV husband and
wife of lands of the husband in this
State, executed in another State, but
not II conformity to the laws of such
State or the statute Of this State, will
not bar the right of the wife to dover
in such lands after the decease of the
husband.
2. Where the husband and wife
Joined in the conveyance Of the lands
of the husband under the act of 1905,
and the acknowledgment of the deed
does not show that the wife was exam
ined separate and apart from her hus-
band" ect., as required by the second
section of the act, the deed is Insult
eient to bar the widows right of dow.
-er in the lands so conveyed.
3. Such defect in the acknowledge
ment of deed by husband and wife
cannot be corrected or relieved. as
against the wife, under the act of 1857.
without showing that the provisions of
the statute, in relation to the separate
examination Of the wife, were substan-
TALLY complied with, or that she exc
cuted such conveyance voluntarily and
without any restraint or compulsion
from her husband, with knowledge of
its contents.
Judgement reversed and cause re-
manded.
SATURDAY, March 80. 1861.
GENERAL DOCKET.
ScoTT J. The drawer of q negotiable
bank check is not discharged from liabil-
ity by the delay of the holder to make
presentment and give notice of dishonor.
unless he has suffered loss thereby, and
then only protGHto. L the drawee re-
mains solvent and the fund upon which
the check is drawn is unaffected by the
delay, the liability of the drawer cOntin-
ues ordinarily in full force. And q bona
tide holder for value, Is not affected by Sc
cret equities existing between antecedent
parties
Judgment affirmed and cause rendered.
DAY, G. J.
l. Where q decedent in his lifetime
drew will and signed it, but without
having it witnessed, and afterwards ad-
ded thereto clause making an addition
al devise Of the property mentioned in the
will, and then caused it to be subscribed
by two witnesses, but without again sign
ing the same himself Sat the end thereof
as required by the second section of the
''aet relating to wills" Held: That the
whole instrument was invalid, as q last
will and testament.
2. The verdict of jury, in a case to
test the validity of will, may be review
ed on petition in error, in the same man
ner as such review may be had in civil ac
tions.
Judgement reversed and cause demand
ed.
MOTION DOCKET.
By THE COURT. Held:
Where party keeps q billiard table,
and permits persons to play upon it, for
twenty cents 3 game, to be paid by the
loser of the game, he is guilty of keeping
such table for gain, within the meaning
of section VIII of the act of March II,
1881, ''for the prevention Of gaming" Is.
& G. Stat. 665. although such keeper of
tables does not permit the players, as be.
tween themselves, to bet, and neither they
nor other persons do bet on the issue of
the game or games, in any other manner
than that the loser of the game should
pay the twenty cents for the use of the ia
ble'
No II. Jacob Siger v. Trustees of
Blanchard Township, in Putnam County.
Alternative writ of mandamus allowed.