The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-04
NOTES OF LEGAL EVENTS.

discovery that several judicial officers are dis
| qualified BY reason OF their participation In
duels. since the adoption OF the present Consti-
| tuition OF the Commonwea The constitu-
! tional prohibition is In these words: mo per%
son who while a citizen Of this state. has since
the adoption Of this Constitution. fought q
| duel with deadly weapon. sent or ncce rted
challenge to light duel with deadly weapon.
either within or beyond the boundaries Of this
state. or knowingly conveyed a challenge. or
aided or assisted In any manner In fighting q
duel, shall he allowed to vote or hold any ofIlce
| OF hohor. profit or trust under this Constitu-
| ton" The general body OF statutes known as
the Code OF Virginia prescribes an anti-duel.
! ling oath to be taken by every person enter
| Ing upon the duties OF an Office. and it ap-
! pears that many recently elected officers have
neglected to take this oath. The Supreme
Court OF Appeals OF Virginia has held that the
mere fact OF fighting duel operates as a dis
qualification to hold office. whether the Offend
er has been convicted or not In Kentucky
different rule prevails. man must be con-
! victed OF duelling before he can be prevented
from exercising tho functions OF an Office to
! which he has been elected.
In the case OF the People vs. Coombs. whore
! the defendant was convicted OF presenting
| fraudulent bills for his services as ono OF the
| Coroners Of Kings county. an important ques-
! tion was raised upon the trial as 70 the true
| meaning and character OF an inquest by
| Coroner In cases OF death In behalf Of the
! defendant. 1t was argued that the participa-
| ton d q jury In tho proceeding was not nee
| essary to constitute an inquest. and that an
| inquest might be held by the Coroner acting by
| himself. The Court Of Appeals rejected this
| view. "A Coroner's inquest" said Judge
! Denis O'Brien. has ALWAYS meant and still
n judicial in ~ m n
! a. death by \ Coroner with the aid Of Jury"
! 1JS ~ Y. Reports. 1922 There will be a not
| able change In the law in this respect how
! ever. after the LIST OF September next. BY an
! amendment TO the Code Of Crimina! Proceed
ure which Is to take effect on that day Coro-
/ rers are empowered to conduct inluests with
! out the aid OF a jury. except in q county which
! contains a city Of the first class. After that
| date. therefore. Coroners' juries will be I'm
rancle ell only in New York Kings and Erie
| counties.
| An important addition to the Lien law OF
! this State has been made by tho Legislature OF
! 1888 The General Lien law in its present
| form was enacted upon the mmendation
OF the Statutory Revision Commissioners in
| 1897. Section "A Of the statute provided that
! n person keeping q livery stable or boarding
! stable. or who furnished pasture Tor animals.
should have lien upon each animal kept.
boarded pastured by him for any sum due
| him from the owAer for the care or keep Of the
! animal. This section has now been amended
30 as to extend the claim to any wagon. truck.
| cart carriage. vehicle or harness kent or stored
In connection with the keeping. board or pas
| turaGe OF animals. These articles may also be
| detained until the owner pays such charges for
| storage as the parties have agreed upon.
We called attention last week to n recent de-
csion by Surrogate Marcus OF Erie county
holding That Surrogate's Court has no power
to compel an executor or administrator to pay
the funeral expenses OF a decedent In refer
ence to our suggestion that this condition Of
things called FOR remedial legislation. Mr.. Louis
b. Hart, clerk OF the SurroHa.e's Court in Erie
county writes us that the Surrogate there
drafted bill and presented the same to the
Legislature at its last session to amend the
Code OF Civil Procedure so as to make an IN
dertaker having claim for funeral services
rank as creditor Of the estate OF the deceased
person. The bill. however. died by the way
side. as many other good and substantial code
anne pdments die. in committee. owing largely
to the tremendous amount OF suggestion laid
before the members" From the same CORE.
spondent We learn tina. Surrogate Marcus is
the author OF the bill which passed the Assem-
bly, this year providing for the trial of will
cases by jury in the Surrogate's Court instead
OF In the Supreme Court. Mr.. Hart says that
this measure bids fair to become law in 1900
The Queens Bench division Of the High
Court OF Justice in England was recently called
upon to review three assessments of ESQ., 900
imposed by the Income Tax Commissioners
upon the Equitable Life Assurance Society Of
the United States for the years 1885. 1895 and
1897. Sir Robert Reid, =. c. In behalf Of the
company argued that it should be regarded as
conducting a mutual insurance business. in
which the surplus should not be viewed as
profits: and II the su-ru5 did not represent
profits. 1t was not taxable, There is a provi-
sion in the charter Of the corporation that the
insurance business OF the company shall be
conducted upon the mutual plan but the coun-
rel for the Crown contended that this related
only TO such portion of the profits az the direc-
tors chose to divide among the rolicyholders.
and that the undivided surplus was really tho
aggregate Of the accumulated profits over
which the policy holders had no controlsand in
which they had no interest except such as the
q directors might SEQ 1T to give them. This
view was adopted by the court. which upheld
the tax. Here there is surplus" said Mr.
Justice Darling. a portion OF which Is re-
tanned in tho hands OF the company. It Is true
that the company. having received the funds
pays a certain part back 70 the policyhoders
who are outsiders. but that does not affect tho
character Of the funds. The surplus here
am ounts to profits. and the fact that they
paid away in Part to attract business does not
prevent their being profits"
Lord Francis Hope applied to the Chancery
division OF the High Court OF Justice on the
10th Of May for an order Of court permitting
the sale OF the celebrated Hope diamond. This
gem Is an heirloom In the Hope family. and
under tho will of the applicants grandmother
goes to him for life and in the event OF his
death without issue to his three sisters sue
cessively and finally to his oldest brother. the
Duke OF Newcastle 1t weighs 44h carats and
until recently was the only largo blue diamond
ever found With the twenty-five brillants
set around it. Mr. Streeter, well-known ex-
pert In precious stones. values the Hope dia-
mOnd at ElS.ll5. This valuation would he
some what larger were It not that another large
blue diamond. weighing "a carats. has re-
Gently come into the European market. The
application for the order OF sale was opposed
: ~ al Pantrira I lat Lord FrabrIa