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those franchises an extra allowance was improper. (92 N. Y., 401.)

See also 95 N. Y., 666; 99 N. Y., 270 ; 106 N. Y., 615.

The phrase "difficult and extraordinary" imports something more than what is usual, common, and ordinary in respect to the labor and skill required, or in the time occupied in preparing or trying the case, or both. But the General Term will not reverse an order granting an allowance, unless it is affirmatively shown to involve an abuse of his discretion by the judge granting it. (35 Hun, 153.).

§ 3262. The proofs of the applicant may be opposed by proofs of the opposite party, or of the person interested in reducing the amount. Although the Code may not require the applicant's affidavit to be served with the notice of taxation, yet it is the general practice to serve it. The clerk should decide all questions arising on conflicting affidavits, and disallow all charges for witnesses who were unnecessarily subpoenaed, or requested to attend, or whose attendance was secured in order to increase the costs.

On motion to review the taxation, the Special Term, when a question of law is presented, should allow, or disallow the item without ordering a new taxation. When a question of fact is presented, the Special Term may take the same course, or may direct a new taxation before the clerk, specifying the grounds or proofs on which said item may be allowed or disallowed.

On a new taxation before the clerk, both parties may present their evidence, without being confined to that first presented. (37 Hun, 271.)

88 3263, 3264. The apparent contradiction here is explained by the fact that

the prevailing party may so draw up the bill of costs as not to furnish any occasion for controversy; he may, therefore, go to the clerk and have the costs taxed ex parte, then send the bill as taxed and notice of re-taxation to the other party, so that if the latter does see fit to object and wishes to contest some items, he may have the opportunity to do so.

83268. The right to demand security for costs from a non-resident plaintiff is an absolute one and does not rest in the discretion of the court. (49 Hun, 64.)

When an infant is allowed to sue as a poor person, his guardian ad litem is not required to give security for costs. (5 Civ. Pro. R., 379 and 155.)

For an extensive note on this general subject, see 4 Civ. Pro. Rep., 82.

3271. Under this section notice of motion is required. (49 Hun, 64.)

§3272. Under this section no notice of the application is required. An ex parte application is sufficient, due proof being given of the required facts. (49 Hun, 64.) Motion should be made at the first opportunity. If there be undue delay, the order may be vacated for laches. (49 Hun, 169.)

§ 3296. The attorneys of the parties have power to stipulate as to the referee's fees. Where such a stipulation has been made, has been acted on by the referee, and the amount of such fees has been paid by the successful party, the court has no power, where no fraud or collusion is shown, to reduce the allowance.

Such fees may be charged in the costs against the defeated party. (87 N. Y., 184.) § 3347. This section is exceedingly important, as it specifies to which courts the various chapters of the Code apply.

CLIPPINGS.

A leading barrister of New South Wales recently perpetrated a delightful bull. "Gentlemen of the jury," he thundered, 66 the case for the Crown is a mere skeleton -a mere skeleton, gentlemen, for, as I shall presently show you, it has neither flesh, blood, nor bones in it." In the adjoining colony of Victoria, Sir Bryan O'Loghlen, M.P., who has a national right to indulge in this sort of thing, gravely told the Supreme Court that "a verbal agreement is not worth the paper it 's written on."-Irish Law Times.

A Western Nebraska farmer, having no corn to feed them, loaded up a wagon-box of shoats and took them to Broken Bow to sell. No one would take them, and he turned them loose. The marshal told him he would arrest him unless he took them out of town. He then drove home, and was going to kill them, when some one told him that he might be arrested for cruelty to animals. He hardly knows what to do. -St. Joseph News.

BEQUESTS THAT SPEAK FOr Themselves -Margaret Sullivan, by her will, dated August 18, 1886, directs her executors to have masses said for the repose of the souls of her children; two high masses for the repose of the soul of her late husband, and two for her son John; also twenty-five one-dollar masses and twenty dollars for tickets for prayers for her family for ten years. After making further provision for prayers for the repose of the souls of her father and mother, the decedent directs the residue of the estate to be used for masses for the whole family.

It is not often that a lawyer receives other recognition of his services in behalf of a client than a retainer and fee. The feeling of most people when they get

through with a member of the legal fraternity is more akin to sorrow than gratitude. A Court-Street attorney has had a contrary experience. One of his clients, an Irish woman, who had been indicted several times, but never convicted, for keeping a kitchen bar-room in the West End, dropped in on him yesterday with a present. It was a handsome silk muffler.

"But you've already paid me, Mary," said the lawyer.

"Niver mind, sor," she replied, "but tuck it round your foine throat an' kape your tongue glib, for, begorra, I may nade thim agin."-Boston Traveller.

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COLUMBIA COLLEGE LAW SCHOOL:

I am asked by the Editor of the COLUMBIA LAW TIMES to write a few words to the students of the Law School, with whom I am now as an instructor about to part.

I have, as you probably all know, delivered the last lecture which I shall ever present to the students of the Law School. It does not seem out of place to say a few final words in the TIMES both as to myself and as to you.

I.

I came to New York at the invitation of the Trustees of Columbia College to organize a law school in this institution about thirty-three years ago. It was a forlorn hope. Several efforts of the kind had been previously made and had failed. There was no law school in this city, nor one of any vigor in the United States. The Bar, as a rule, did not believe in institutional instruction. It was thought that the only way to learn law was to copy papers in a law office, and thus absorb it through the ends of one's fingers. The type-writer had not yet appeared to dispel this delusion. It fell to my lot, not only

to teach law, but to overcome professional prejudices, and not only to hew out a new path, but also to macadamize it, so that briars should not spring up and soon choke the pathway. These results were accomplished by exhausting and steady toil continuing through many years. I had a consuming ambition, whether foolish or otherwise, not merely to instruct the students of the time, but firmly to establish an institution which should be associated with my labors and at the same time render a true public service. But now education in law schools is as fully a fixed fact as education for physicians and preachers in schools of medicine and theology. That result at least has been achieved.

Beginning with no students in 1858, I retire in 1891 with six hundred and twentyfive. In February of this year I parted from a junior class of more than three hundred men full of zeal and of a wellregulated spirit of study. I have the comfort of withdrawing while the School is at the height of its prosperity. I pass it over now to other hands. My sole regret in leaving it is that I must part with you and your successors, and cease to take an active share in the development of young men, a class of persons with whom I have

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