Entered according to Act of Congress, in the year 1860. by

LITTLE, BROWN AND COMPANY,

in the Clerk's Office of the District Court of the District of Massachusetts.

JUDGES

OF THE

SUPREME JUDICIAL COURT

DURING THE TIME OF THESE REPORTS.

HON. LEMUEL SHAW, CHIEF JUSTICE.

HON. CHARLES A. DEWEY.

HON. THERON METCALF.

HON. GEORGE T. BIGELOW.

HON. PLINY MERRICK.

HON. EBENEZER R. HOAR.

ATTORNEY GENERAL

HON. STEPHEN H. PHILLIPS.

THE cause of the

NOTICE.

appearance of this volume while the intermediate volumes are unpublished, is to be found in the following section of the statute of 1859, chapter 196:

"SECT. 48. The supreme judicial court shall, as soon as may be after the decision of the questions submitted to them, send down such order, direction, judgment or decree, as may be fit and proper for the further disposition of the cause, by a rescript which shall also contain a brief statement of the grounds and reason of the decision announced; and such rescript shall be filed in the case. And if no further report of the decision is written out within sixty days from the date of such rescript, the reporter of decisions shall report the case, with the opinion contained in such rescript."