The Portland daily press., 1899-11-24

fsndant should avail hsrssh Of this bsne-
dc to the esfats. By claiming forfsiturs
bsfore one half Of the stipulat<d term Of
snjoymsnt had elapsed. when ~ the same
dime the plainan y ready 70 psy her the
fun ssresd vzlus Of the property TOR q
con vayancs In acoofdancs with her agree
mont In the lssss. That ssrssnsnt 10 as
d,ptlnct from that Of the lease - " In .
separate instrument. An Important
branch of equity ,urisprudsnos Ia 10 70
iieve asainst forfeiture. IL b no hardship,
20 defendant 10 conway the premises Tor
the agreed consideration. bus 10 b . hard
ship to plaintiff IL both his right ss.
lessee and ms prospective purchaser are
fosfeikd.
IL IL the provincs Of equity to adjust
the rights Of parties, a. tbsy stand upon
the particular facss Of the case.
Il appears that within . rsssosabas
time after defendant claimed . forfeiture
of the lease. the plaintiff offered 10 pay
the ssrssd seven tnousard dollars for the
title, but the defendant dsoainsd 10 make
the conveyance and insisted upon for fsit-
ure Of the lease. ,snd Of all right q plain
tin TO psrchass.
A demurrer to the bill was nssd. which
rHissd . tsshnioal question Of pleading.
bus es 1t has nos besn argued, u must fe
regarded Is waived and nssd NOT BE-
further neticsd.
Upon all the fscts In this case, &c 10 the
opinion Of the court that tbs plAintin 10
susitled TO relief, and upon payment Int
court for the uss of TIE defepdeat Of ssven
thousand dollars. wfthin sixty days after
notice Of this decision, deoses VIII be
entered that defendant convey to the
plaintiff the premises described In the
bill, free from all Membranes. III not
% paid, the bill to be dismissed with
costs. If so paid, bill sustained with
costs, and decree In accordance with this
rescript.
Disssnting, Emery i'll dissent. the
stipulation for ssbo was enc OF several
ttlpulations in the same contract. and.
like the others, was limited BY the "tsrm
Of the lease. By making an unlawful
nuts moe Of the premises through wilfnl
violation Of the Law. the lessee forfeited
his right or "term.' X. 5. chap. IL,
soc. 8. The lessor thsrsupon exercised her
statutory right TO end the term" BY be-
ginning process of forcible entry and
detainer. The lessse's Hterm" was thus
absolutely forfeited and sxtinguished and
all rights of the lessee limited to that
term were also forfeited and extinguishsd.
Presoots vs.. Kyis. 1903 Mass. si.
For tho court to inter pose Its equity
powers to deprive the lessor Of her
Satisfactory right, and to shield the lessee
from the statutory consequence Of his
wilful crime is, to my mind. an un-
precedented aud unwarrantable use OF
thoss powers against which / desirs to
record my protest.
Cumberland, IS.
Joseph Henry Hines, ct ais complts. VS.
City OF Portland
Rsscript BY SavaEa 1.-The city Of
Portland laid out or ALFRED Portland
street, and damages were awardsd for
land taken to the owner thereof. On the
following day she OBSERVATION-DISCLOSURES
the land, which was conveyed TO them By
the owusr. satogethsr with ali damages
allowed or recovered for the taking by the
city of Portland Of the land In question.
The compliments sessonably appealed
from the award Of damages. At term
Of court, later than the one at which the
appeal was entered. the appellee fled Q
motion to dismim.
Held that the motion TO dismiss was
ssasonably filed; also held. that the com.
piainapts cannot maintain their appeal.
either Us subsequent purchasers Of tho
land, or as sssigneea and owners Of the
damages aliox ed or recovered" the
award Of which was appealed from.
Appeal dismissed with costs.
York, So.
Philando Porell VS.. Fred w. Cousins.
Z Rssofipt by Strout, J.-Ssction 0 OF
chapter I2s of the special laws of 1887 au-
thorizss the reoo9der OF the Municipal
court Of Sanford SIN case of the absence
from the court room or sickness Of the
Judge" to exercise all the powers of the
Judge. The complaint In this case was
made to the recorder ''in the absence
from the court room Of the judge OF said
COURT" The jurat contained the sams
statement and the warrant was signed BY
the recorder with the same addition.
This 10 sufficient to show thu authority
Of the recorder. Exceptions overrulsd.
CANDIDATE FOR BISHOP.
The l.,.~. Percy c. Weber, who recent
| ly conducted the mission in.Christ
church, this olty, IL being very promi'
nentiy brought forward In connection
with the bishoprio made vacant by the
death OF the iamentsd Bishop Nicely. II
is said that some parishoners Of Christ
obi roh. Biddsford. and Trinity church.
Saoo, are snthus iAstic supporters of MIR.
Weber. The election Of bishop will take