The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1901-02-07

/ ing thal PMS section can not be construed
} TO auth1ize the payment of fee for a
tax deed by the county to the assessor
and taxfcollector might we'll have been
, cited.
Sec. lSA-The decision Of our supreme
court in4So Pacih- here cited should have
been n@ed as modified.
Sec9kd Of the civil code, Sec Ie97-To
this SECTION nothing is cited. 1t was a
debSsable question in the state whether
thsTTucker-E dmunds act did not repeal
the dover provision of this statute. The
supreme courts of adjoining states both
i construed a similar statute and the
matter was only put at rest by decision
of the United States supreme court hold
ing that the act did not apply outside of
Utah.
Sec. 2354-In note to this section it is
said that under our statute justice Of the
peace may take an acknowledgment out
of his county. The statute which it is
said confers this extra territorial juris
dictlon is mere rule of evidence, pro.
viding how the authority of justice, who
takes All acknowledgment, may be
proven, when it is sought to use the
acknowledgement in county other than
that in which the justice who took the
acknowledgment resides.
Secs. 1859 and 23o3-A decision of the
United States circuit court of appeals for
this circuit constituting these sections, on
the taking of an acknowledgment of
married women, would have been most
pertinent here
Secs 2455 and 2456-A great many
courts of late years have construed these
provisions of our statutes of the rights
of children unprovided for by will; in
Guiding the supreme courts Of the United
States and Utah. The former court
tracing the sources Of the statute and the
construction put upon it by the various
courts constituting it, and some useful
purpose would have been subserved
by referring to these decisions.
Secs 249o, 249I and 27I2-Very many
Of the decisions here cited, both Of our
own and of other courts have been af-
6rmed by the United States supreme
court. These decisions on appeal would
have strengthened the value Of the note
had they been cited.
Secs. 2o45 and 2647-Here decisions of
our supreme court constituting our town
site statute have been unfortunately
omitted.
Secs. 269I and 2So1-To these sections
Of the statute of frauds the omission of
two Idaho cases is noticeable.
Sec. 2S4I-This is denominated "New
section by the commission" and is fol-
lowed by collation. of authorities on
service and employment. emitting two
important Idaho cases.
Secs 1888, 292S and 2o27-These sec
tons are part Of our mining partnership
statute, and the decision of the United
States circuit court of appeals for this
circuit constituting these sections is omit
ted.
Sec. 3ooI-The decisions noted to this
section on how judgments obtained in
federal COURTS may be made liens in a
state have no application whatever. This
statute has been confused with the state
statute providing for judgment lien.
The decisions constituting this section
could have been found in most exhaus-
tive note in one of the volumes of a series
of selected cases so readily accessible and
should have been cited.
Sec 3oIS-In the note to this section
the decision of our supreme court is cited
with nothing to indicate the pitfall be-
yond that it was reversed by the supreme
court of the United States.
Secs. 1854 and 3Ios-The subject mat.
ter of these sections is the effect Of delay
in the presentment of negotiable instru-
ments. There is cited an early Tennessee
case to one Of these sections, but a decs-
ion Of our supreme court constituting the
suficiency of complaint on checks
drawn on bank. which afterwards
failed. and which did not allege present.
ment for payment before failure, or facts
excusing presentment is conspicuously
unnoted.
Third, of the code of civil procedure.
Section 3I67-Failure to cite an Idaho
decision to this section again illustrates
the character of the work.
Sec. 3r88-To this section, which gives
district judge the right to hold court in
another district; that provision of the
constitution providing when Judge pro
tenn may try cause, but the construc-
ton put upon that provision by our su.