ESCAPE.

If one imprisoned under sentence in the state prison escapes therefrom before his term expires, and is recaptured, the time of his absence should not count upon his term, but he should be held for the full length of time for which he was sentenced.

INSURANCE.

Under St. 1867, c. 267, §§ 2, 4, only one fee of twenty dollars need be paid by an insurance company of a foreign country for filing the annual and supplementary statements therein required.

If a mutual insurance company receives from persons insured a certain sum as premium, and an additional sum as "deposit money," both of which under their by-laws constitute the absolute fund of the company, the sums received as "deposit money" should be reckoned as premiums, in estimating their taxes; and such portion thereof as is subsequently returned to the persons insured may be deducted.

JUSTICES OF THE PEACE.

By the true spirit of the constitution and statutes, it is contemplated that justices of the peace should be inhabitants of the Commonwealth; although there is no provision which in express terms requires it.

An abandonment of residence in this Commonwealth, and an acquirement of residence elsewhere, operate as an abandonment of the office of justice of the peace.

Having made such abandonment of residence in this Commonwealth, it is not competent for a former justice of the peace, upon returning here, and of his own mere choice, to resume his office, within the term for which he was originally appointed. If, however, he does so, and no steps are taken against him calling his authority into question, he becomes a justice of the peace de facto, and his acts will be valid as to third persons, so far that they cannot be collaterally inquired into; and a commission designating him as trial justice will be valid and effectual, though issued without any new appointment of him as a justice of the peace.

PARDON.

A pardon may properly be granted to one who has been found guilty by a jury, although no sentence or judgment of court has followed thereupon.

PILOTAGE.

A pilot's bond to the treasurer of the Commonwealth, given under St. 1862, c. 176, § 19, is intended for the benefit of individuals who may suffer from the pilot's failure to perform his duties faithfully, as well as for the benefit of the Commonwealth; and may be put in suit by the treasurer, with the approval of the attorney general, for the benefit of an individual who has so suffered.

PILOT COMMISSIONERS.

Both of the commissioners of pilots for the harbor of Boston must join in all acts which are required to be done by them as a board, and one of them cannot delegate his power to the other. But ordinarily it is not necessary that they should act in the presence of each other. In those cases, however, where they are to act as a court, to examine into and decide upon complaints, to hear or examine evidence, and act judicially thereon, it is necessary that they should act together.

Public OffiCERS.

It is not the duty of a district attorney to appear and defend a suit against an officer of the Commonwealth for an alleged violation of law in the discharge of his duties as an agent of the Commonwealth, unless the circumstances are such that the Commonwealth may fairly be said to be interested in the suit.

Ordinarily, the Commonwealth does not undertake to indemnify its subordinate public officers against the consequences of their own misdemeanors, wrongs, negligences or omissions, which occur through an honest but mistaken sense of duty; nor to vindicate them against charges of such wrongful acts, although such charges may be ill-founded.

If, however, the alleged violation of law consists in the proper performance of a particular act, which in the pursuance

Commonwealth; as, for example, an act done by order of the legislature, or of the governor and council; then the Commonwealth will indemnify him, and in such case is interested in the suit against him to recover damages therefor.

In case of doubt whether the Commonwealth is so interested in a suit against a subordinate public officer that it is the duty of a district attorney to appear and defend the same, the decision may well be made by the governor and council.

SETTLEMENT.

Continuance in the military or naval service of the United States for one full year is essential to the acquirement of a settlement, under St. 1865, c. 230, § 1, unless in case of death or disability occurring before that time, as therein provided. Service for a less term will not have the effect to give a settlement, although such service continued until the discharge of the soldier or sailor, by reason of the termination of the war.

STATE ALMSHOUSE.

If a minor dies while an inmate of a state almshouse, being at the time of his decease actually chargeable to the Commonwealth, and leaving money received by him or which he was entitled to receive as bounty for enlisting as a soldier, the inspectors may apply the same so far as necessary to re-imburse the Commonwealth for expenses actually incurred for him; but otherwise, such money will descend to his heirs, or, if he has no heirs, to the Commonwealth.

CASES

Argued and conducted by the Attorney General from January 1st to December 31st, 1868.

COUNTY OF BARNSTABLE.

Attorney General v. Cape Cod Railroad Company. Supreme Judicial Court. Information, under St. 1865, c. 175. Demurrer filed by defendants and not yet argued.

COUNTY OF BERKSHIRE.

John A. Griswold, Petitioner, &c. Before County Commissioners. Petition for land damages. The land in controversy released to the Commonwealth under Res. 1867, c. 77, and 1868, c. 59.

Commonwealth v. John H. Thompson et al., (Harriet Pitkins). S. J. C. Adultery. Exceptions S. C. Exceptions sustained and verdict set aside as to Thompson. Exceptions overruled as to Pitkins.

Commonwealth v. Albert Tryon et al. S. J. C. Liquor nuisance. Exceptions S. C. Exceptions overruled.

COUNTY OF BRISTOL.

Commonwealth v. Watson Stewart. S. J. C. Murder. In dictment nol. pros'd, and indictment for manslaughter substituted. Commonwealth v. John Carpenter. S. J. C. Liquor nuisance. Exceptions S. C. Exceptions overruled.

Commonwealth v. Seth H. Brettun. S. J. C. Larceny. Exceptions S. C. Not decided.

COUNTY OF ESSEX.

Commonwealth v. Terence Carroll. S. J. C. Murder. Defendant still in lunatic hospital.

Commonwealth v. Patrick Daley et al. S. J. C. Murder. Not yet tried.

Commonwealth v. Proprietors of the Newburyport Bridge. S.

Commonwealth v. James E. Sheen. S. J. C. Assault with intent to kill. Exceptions S. C. Exceptions overruled.

Commonwealth v. David Myers. S. J. C. Disorderly house. Exceptions S. C. Exceptions overruled.

Commonwealth v. Charles Stone. S. J. C. Keeping liquor for sale. Exceptions S. C. Exceptions overruled.

Commonwealth v. Daniel W. Larrabee et al. S. J. C. Larceny. Exceptions S. C. Exceptions overruled.

COUNTY OF FRANKLIN.

Commonwealth v. Simeon Peck. S. J. C. Murder. Defendant still in lunatic hospital.

Commonwealth v. John G. Alden. S. J. C. Keeping unlicensed dog. Appeal S. C. Appeal dismissed.

Commonwealth v. Francis H. Morrell et al. S. J. C. Robbery. Exceptions S. C. Exceptions overruled.

Attorney General v. Proprietors of Deerfield River Bridge. S. J. C. Information, for injunction, &c. Temporary injunction issued.

COUNTY OF HAMPDEN.

Commonwealth v. James Cushing. S. J. C. Assault upon an officer. Exceptions S. C. Exceptions overruled.

Commonwealth v. Henry E. Cobleigh. S. J. C. Burning a building in the night time. Exceptions S. C. overruled.

Exceptions

COUNTY OF HAMPSHIRE.

Commonwealth v. Timothy Foley. S. J. C. Common drunkard. Exceptions S. C. Exceptions sustained.

Commonwealth v. Timothy Foley. S. J. C. Common railer and brawler. Exceptions S. C. Exceptions overruled.

COUNTY OF MIDDLESEX.

Commonwealth v. Andrew Donnelly. S. J. C. Murder. Defendant committed to lunatic hospital.

Commonwealth v. John McCort. S. J. C. Murder. Pleaguilty of manslaughter. Sentence-fourteen years' imprisonment. Commonwealth v. Daniel Stone. S. J. C. Assault and battery. Exceptions S. C. Exceptions overruled.

Commonwealth v. John J. Gorham, Jr. S. J. C. Burning a dwelling-house. Exceptions S. C. Exceptions sustained.