that it will take a high place in legal literature. The book is well printed, has an excellent table of contents and a well prepared index.

BOOKS RECEIVED.

LAWYERS' REPORTS, ANNOTATED. BOOK IV. All current cases of General Value and Importance decided in The United States, State and Territorial Courts, with full Annotation, by Robert Desty, Editor. Edmond H. Smith, Reporter, Burdett A Rich, Editor in chief of the United States and General Digests, and the Several Reports and Judges of each court, Assistants in Selection. (2 L. R. A.) Rochester, N. Y.: The Lawyers' CoOperative Publishing Co. 1889. CONSTITUTIONAL HISTORY OF THE UNITED STATES, as seen in the development of American Law. A course of lectures before the Political Science Association of the University of Michigan. By Judge T. M. Cooley, of Ann Arbor: Hon. Henry Hitchcock, of St. Louis; Hon, Geo. W. Biddle, of Philadelphia; Prof. Charles A. Kent, of Detroit; Hon. Daniel H. Chamberlain, of New York. New York and London: G. P. Putnam's Sons. The Knickerbocker Press. 1889.

NATIONAL BANK CASES, containing all decisions of the United States Supreme Court and decisions of the State courts relating to National Banks, from 1881 to 1889, with notes and references. By Irving Browne, Editor of "The Albany Law Journal," and "The American Reports." Vols. 1 and 2. San Francisco: Bancroft-Whitney Co., Law Publishers & Law Booksellers. 1889.

THE FORUM. Edited by Lorettus S. Metcalf, January, 1890. I. The Tariff and the Farmer, John G. Carlisle; II. Prehistoric Man in America, Major John W. Powell; III. The Ethics of Marriage, W. S. Lilly; IV. Woman's Place in the State, Prof. Goldwin Smith; V. Democracy in England, Henry Labouchere; VI. The Problem of AirNavigation, Prof. R. H. Thurston; VII. Abuses of the Veto Power, F. A. Conkling; VIII. Magnetism and Hypnotism, Dr. J. M. Charcot; IX. The Wrongs of the Ute Indians, G. T. Kercheval; X. Horace Greeley's Cure for Poverty, Prof. Rodney Welch. New York: The Forum Publishing Co. 253 Fifth Ave.

X owns 160 acres of land, and gives A a first mortgage on it for $500. A does not record his mortgage. X afterwards gives B a second mortgage for $500 on the land. B having actual knowledge of A's mortgage and B records his mortgage. X afterwards gives C a mortgage on same land for $500. C, of course, has notice of B's mortgage because it is recorded, but has no notice or knowledge of A's mortgage. C forcloses, property sold for $500. How is the money distributed? E. D.

QUERY NO. 3.

Article 9, § 8 of the constitution of Missouri provides that the general assembly may provide, by general law, for township organization, and when any county adopts township organization, so much of the constitution as provides for the assessment and coletion of the revenue by county officers, in conflict

with such general law for township organization may be dispensed with, etc. Article 10, § 11, says: For county purposes the annual rate on property shall not exceed in counties of this size fifty cents on the $100 valuation. Now the question is, after this county has adopted township organization, can the county court levy fifty cents on the $100 valuation for county purposes, and then each township come in and make a levy for township purposes and bridge funds. Cite authorities. B.

QUERY NO. 4.

Lands are sold at tax sale and deed executed to purchaser, containing redemption clause, that owner may redeem in two years by paying double taxes, double penalties and double costs. 1. When can said deed be duly recorded to convey notice? 2. When possession accompanies such deed, when does limitation begin to run: from the time of record of deed and taking of possession within the redemption period? or only when the redemption period has expired? 3. During redemption period, the purchaser having spread his deed on record and taken possession, how does he hold: under the party who has right to redeem, or adverse to him? W. H. & W.

4. ATTACHMENT-Damages.- The voluntary abandon. ment of an attachment renders the attaching creditor and surety responsible for damages for the wrongful suing out of the writ. But only such damages can be recovered as have been actually snstained when the attaching creditor acted without malice and upon probable cause, based upon reasonable grounds. Steinhardt v. Leman, La., 6 South. Rep. 665.

5. ATTORNEY AND CLIENT- Authority. -Employment, by a village, of attorneys to defend an action then pending in the trial court does not authorize the attorneys to appeal from an adverse judgment. The fact that the president of the village knew that the attorneys were preparing to take an appeal does not amount to an assent thereto by the village, so as to render it liable for the attorneys' services in taking the appeal.-Hooker v. City of Brandon, Wis., 43 N. W. Rep. 741.

6. BILL OF EXCEPTIONS- Filing. In Missouri, where the court has adjourned, after making an order allowing a certain time in which to file a bill of exceptions, it cannot extend the time by a similar order, at a sub sequent term.-State v. Hill, Mo., 12 S. W. Rep. 340.

7. BOND-Indemnification.- One who executes a bond may be liable upon it, though his name do not appear in the body of it.-Campbell v. Rotering, Minn., 43 N. W. Rep. 795.

8. BUILDING AND LOAN ASSOCIATIONS- Shares.-Under How. St. Mich. ch. 119, relating to the incorporation of co-operative savings associations, where a member has obtained a loan from the association by a sale to it of his shares, at a discount, as provided by § 3971, such shares become liquidated, and he cannot afterwards sell or transfer them to another party.- Michigan Bldg. & Sav. Ass'n. v. McDevitt, Mich., 43 N. W. Rep. 760. 9. CARRIERS OF PASSENGERS - Negligence. A passenger who remains on the platform of a car at the rear end of a long train of freight-cars, after warning to leave it, assumes the risk of injury caused by the jerk with which the train starts.-Louisville, etc., R. Co. v. Bisch, Ind., 22 N. E. Rep. 662.

-

10. CHATTEL MORTGAGES-Filing,-A chattel mortgage is to be deemed filed, under §§ 1, 3, ch. 39, Gen. St., when it is delivered to, and received and kept by, the proper officer, in his office, for the purpose of filing, notwithstanding he omits to place it with the other chattel mortgages in his office. Appleton Mill Co. v. Warder, Minn., 43 N. W. Rep. 791.

11. CONDITIONAL SALES-Injunction.-Where one has contracted to furnish logs to be cut into shingles, pay. ment to be made in notes of the purchaser, but the title to remain in the seller until the notes are paid, and the shingles have been sold by the purchaser to others, who threaten to remove them from the jurisdiction of the court, a bill by the seller to enjoin their removal, for a receiver, and to foreclose complainant's lien, which fails to allege that the defendants who threaten to remove the property, are pecuniarily irresponsible, does not show a right to equitable relief.- Brown v. Ring, Mich., 43 N. W. Rep. 770.

12. CONSIDERATION -Note. — Where,' by the mutual agreement of debtor and creditor, a book account is put into a note, payable at a future day, the transaction is prima facie evidence that the remedy upon the debt is thereby suspended until the maturity of the note, and the extension is a new and adequate consideration for the note and mortgage given to secure it.-Lund burg v. Northwestern Elevator Co., Minn., 43 N. W. Rep. 685.

13. CONSTITUTIONAL LAW.-Act Tex. April 12, 1883, § 1,

which leaves it discretionary with the commissioners' court to order the election of public weighers, is not unconstitutional as a delegation of legislative power, as the commissioners' court has no power to revise or amend the act in any way, it being complete as a law by legislative enactment, in accordance with constitutlonal forms, and the subject a matter of local egulation.-Johnson v. Martin, Tex., 12 S. W. Rep. 321.

14. CONTRACT-County Physician.-It is no part of the duty of a physician employed under contract by a county to treat its poor to make a post mortem examination of the body of a dead pauper, and when he does so at the request of the coroner he is entitled to compensation.-Lang v. Board of Commissioners, Ind., 22 N. E. Rep. 667.

15. CONTRACTS-Options.-A contract to sell, "in consideration of one dollar, receipt of which is acknowledged," certain railway stock at a stated price, "if taken on or before" a certain day, is void on its face under Rev. St. Ill., ch. 38, § 130, which makes void all contracts "to have or give the option to sell or buy at a future time any grain or stock of any railroad," etc. The statute makes void all contracts for the future sale of grain or railroad stock, whether such contracts are to be settled by paying differences or not. Schneider v. Turner, Ill., 22 N. E. Rep. 497.

16. CRIMINAL LAW- Forged Discharge of Mortgage. The recording of a forged discharge of a mortgage con. stitutes the uttering of a forged instrument as an "acquittance and discharge for money," though the note secured is still outstanding, as the discharge, if genuine, would discharge the note as well as the lien.People v. Swetland, Mich., 43 N. W. Rep. 779.

17. CRIMINAL LAW-Assault with Intent to Kill.-If a party does an act with a dangerous or deadly weapon, which from its nature and the way it is done, may naturally, probably, or reasonably produce death, or jeopardize life, the law says that those who try the facts may and it is their duty to attribute to such act an intent to kill. In the light of such facts a party is not permitted to deny this intent to kill.- Ex parte Brown, U. S. C. C. (Ark.), 40 Fed. Rep. 81.

18. CRIMINAL LAW-Murder. On a trial for murder, where the evidence showed that defendant had brutally and unnaturally beaten his eight-year old child in such a manner that death resulted, the court properly instructed the jury that if the child died from immoderate correction administered by the parent, and they believed from the evidence that "such immoderate correction was intentionally inflicted without just cause or excuse, and considering the manner, means, and degree of inflicting, the age and strength of the child being considered, that such a correction was evidently dangerous, and likely to kill or produce great bodily harm, the accused is guilty of murder."-Powell v. State, Miss., 6 South. Rep. 646.

19. CRIMINAL PRACTICE-Change of Venue. Upon the removal of a criminal prosecution from the county in which the offense was committed to an adjoining county, upon change of venue, it is not the duty of the county attorney of the former county to follow the case to the latter county, but it is the duty of the county attorney of such adjoining county to represent the State in the prosecution of the case; and in such case, where the county attorney of the adjoining county is under the disability of having appeared in the case as counsel for the accused, it is the duty of the court to appoint an attorney to act as county attorney in the prosecution.-Gaudy v. State, Neb., 43 N. W. Rep. 747. An indict

20. CRIMINAL PRACTICE-Embezzlement. ment under § 905, of the Revised Statutes, is sufficient, if it sets forth, in words of similar import to those contained in the statute, the capacity in which the defendant received and possessed the money intrusted to him for delivery to another. State v. Washington, La., 6 South. Rep. 633.

21. CRIMINAL PRACTICE-Homicide.- Under § 785. Rev. St., the law of manslaughter is pertinent in every trial

for murder, because the statute authorizes the jury to find a verdict of manslaughter in any trial for murder. -State v. Brown, La., 6 South. Rep. 670.

22. CROSS-EXAMINATION— Impeachment. Where impeaching witnesses state, on cross-examination, the names of persons from whom they have heard reports as to the reputation of the person to be impeached, such statement, being on a collateral issue, is conclusive.- Robbins v. Spencer, Ind., 22 N. E. Rep. 660.

23. DEDICATION. A municipal corporation which seeks to compel the removal of a building which has existed for many years, on the ground that it rests upon ground dedicated to public use, carries the burden of clearly proving the dedication. - City of Shreveport v. Dronin, La., 6 South. Rep. 656.

24. DOCUMENTARY EVIDENCE.-A document purporting to be a printed report of a congressional subcommittee, which is not authenticated does not purport to be a part of the authenticated journal, is not identified by it, and is not a record required to be kept or a pub. lication required to be made, is not a document entitled to admission in evidence.-Marks v. Orth, Ind., 22 N. E. Rep. 668.

25. DOWER-Insanity.-Under Rev. St. Mo. 1879, § 2186, the widow of a lunatic is entitled to dower in lands purchased by his guardian with assets of his estate; and it is immaterial that the assets used arose from a sale of the lunatic's lands to pay debts, and the investment by the guardian was unauthorized.—Kannells v. Isgrigg, Mo., 12 S. W. Rep. 343.

26. DRAINAGE-Laches.-A petition for the establishment of a drain, under Rev. St. Wis. § 1365, which has been once acted on by the supervisors, cannot be used to commence new proceedings after nearly four years, though the former proceedings have been adjudged void.-State v. Graffam, Wis., 43 N. W. Rep 727.

27. EMINENT DOMAIN-Compensation.-The owner of a farm consisting of distinct parcels of land, separated by lands not owned by him, and over which he has no private right of way, is not entitled to have such separate parcels treated as one entire tract, for the purpose of the assessment of damages for the taking (for railroad purposes) of land in one only of such parcels.-Cameron v. Chicago, etc. Ry. Co., Minn., 43 N. W. Rep. 785.

28. EXECUTION-Replevin.-Under Rev. St. Wis. § 3732, providing that a judgment defendant cannot maintain an action for the recovery of property seized on execution against him, unless the property be exempt by law from seizure, a nonsuit is properly granted in replevin by such defendant for property so seized, where the proof fails to show the property to be exempt.— Hesse v. Hargraves, Wis., 43 N. W. Rep. 736.

29. FALSE IMPRISONMENT.-In an action for false imprisonment it appeared that the plaintiff had been arrested for an assault, and taken before a magistrate, who was at the time engaged in the trial of another cause. The defendant, an assistant clerk of the court, directed that he be confined in an adjoining room, set apart for prisoners, for a few minutes, until the complaint was prepared, when he was admitted to bail. Held, that plaintiff had no cause of action.-Hopner v. McGowan, N. Y., 22 N. E. Rep. 558.

30. FALSE REPRESENTATIONS.-Held: that the repre sentations complained of were expressions of opinion as to matters equally in the power of both parties to ascertain, and the omission of any reference to them in the contract showed that plaintiffs did not regard the same as material; and plaintiffs' continuance of the work after discovering that such representations were false was a waiver of their right to contest the contract upon that ground.-Nounnan v. Sutter County Land Co. Cal., 22 Pac. Rep. 515.

31. FRAUDS-Statutes of.-Plaintiff, an old man, owned a lot of ground, and entered into a verbal agreement with defendant that if the latter would erect a house on the ground, pay half the taxes, etc., and take care of plaintiff, he might occupy said house during the natural life of plaintiff. Defendant complied with the terms

of the agreement. Held: that part performance of the contract by defendant took the verbal agreement out of the statute of frauds, and defendant acquired a lifeestate in the property.-Manning v. Franklin, Cal., 22 Pac. Rep. 550.

32. FRAUDULENT CONVEYANCES-Posseession.-Where a judgment debtor conveys land to his wife and children for a recited consideration, a part of which is paid, and the vendees are in actual possession for seven years such possession is presumed to be with the legal title, and the conveyance cannot be attacked for fraud.- Welcker v. Staples, Tenn., 12 S. W. Rep. 340.

33. FRAUDULENT CONVEYANCES.-Where a petition alleges that one of the defendants bought certain real estate, and had the same conveyed to his wife for the purpose of defrauding his creditors, and the evidence shows that the land was purchased by such defendant's father, who conveyed it to his wife the plaintiff, who had purchased the land under a judgment against such defendant, is not entitled to a decree avoiding the conveyance, though the money paid for the land may have been the proceeds of defendant's labor.-Reed v. Bott, Mo., 12 S. W. Rep. 347.

34. GARNISHMENT-Exemption of Wages.-A "laboring man or woman," within subdivision 11, § 310, ch. 66, Gen. St., exempting wages, means only those whose work is manual. An agent who sells goods by sample is not within its meaning. Wildner v. Ferguson, Minn., 43 N. W. Rep. 794.

Attorney's

35. GARNISHMENT - Costs of Garnishee Fees.-Under Code Miss. § 2448, one summoned as garnishee cannot recover expenses incurred by way of attorney's fees after he has put in an answer, and which are necessitated by having to defend an issue taken upon such auswer.- Bernheim v. Brogan, Miss., 6 South. Rep. 649.

36. GUARDIAN-Illegitimate Child. In the absence of statutory authority, the father of a natural child cannot appoint its testamentary guardian, but the wishes of the father, as expressed in his will, may be considered by the court in making the appointment. Ramsay v. Thompson, Md., 18 Atl. Rep. 592.

39. INSURANCE Condition Waiver. If the local agent of an insurance company, on being requested by the owner of insured property to notify the company of the loss, which occurred the night before the request, informs the owner that he has already sent notice, which is true, and the notice is received in due course of mail, a requirement of the policy that the in sured shall give immediate notice of loss is sufficiently complied with, though the notice did not purport to be given on behalf of the insured. Loeb v. American Cent. Ins. Co., Mo., 12 S. W. Rep. 374.

40. INSURANCE-Premiums. Though the policy provided that, while the insurer should be relieved from liability on default, the assured should remain liable on the notes given for quarterly premiums, it was not unreasonable nor against public policy, nor prohibited by statute.-St. Paul F. & M. Ins. Co. v. Coleman, Dak., 43 N. W. Rep. 693.

risk;" and that, unless the promise to build a chimney was material, a breach of it would not avoid the policy. -Waterbury v. Dakota Fire Ins. Co., Dak., 43 N. W. Rep.

697.

42. INSURANCE Transfer of Title. An insurance policy for the benefit of husband and wife jointly on property of the husband provided that any change in the title, unless with consent of the company at the home office, should vitate the policy: Held, that a transfer from the husband to his wife through a third person vitated the policy, and that evidence was not admissible, in an action on the policy, that when it was issued the local agent who solicited the policy was informed of the proposed transfer, and orally agreed thereto.- Walton v. Agricultural Ins. Co., N. Y., 22 N. E. Rep. 443.

43. INTOXICATING LIQUORS.- The Dakota law of 1879, prescribing penalties for the sale of liquor without a license, continues to prevail, notwithstanding the adoption and subsequent repeal of a "local option law" by a county, and recitals of a local option law in an indictment found after its repeal are surplusage.-Terri· tory v. Pratt, Dak., 43 N. W. Rep. 711.

44. JUDGMENT BY CONFESSION.- Where a judgment is pronounced by the court in open session, it takes effect from the time it is so rendered, though the act of entering the same in the record may be delayed; but a judgment by confession takes effect from the time it is actually entered in the record, as provided by the statute.-Schuster v. Rader, Colo., 22 Pac. Rep. 505.

45. JUDGMENT OBTAINED BY PERJURY. Under § 285, ch. 66 Gen. St. 1878, providing an action to set aside a judgment obtained by means of the perjury, subornation of perjury, or any fraudulent act, practice, or representation of the prevailing party, an action cannot be maintained upon the bare allegation that on an issue of fact squarely made, so that each party knows what the other will attempt to prove, and where neither has a right, or is under any necessity, to depend on the other to prove the fact to be as he himself claims it, there was false or perjured testimony by the successful party or his witness. Hass v. Billings, Minn., 43 N. W. Rep. 797.

Execution.

46. JUSTICE OF THE PEACE As Mansf. Dig. Ark. § 4103, expressly prohibits the issue of execu tion on the judgment of a justice of the peace after five years from the date of its rendition, the power to issue it cannot be revived by scire facias, or other proceeding peculiar to courts of superior jurisdiction.-Trammell v. Anderson, Ark., 12 8. W. Rep. 328.

47. LANDLOD AND TENANT.-In Michigan, where a ten. ant holds over the second year under a verbal lease, the landlord may have restitution of the premises at the end of the second year without formal notice to quit.-Teft v. Hinchman, Mich., 43 N. W. Rep 680.

48. LIMITATION OF ACTIONS. Where a railway com. pany constructs its road bed so that at times it causes the overflow of adjoining lands, there may be as many recoveries as there are successive injuries, and the statute of limitations begins to run on the happening of the injury complained of, and not from the construc. tion of the railway.- St. Louis, etc. Ry. Co. v. Biggs, Ark., 12 S. W. Rep. 331.

49. LIMITATION OF ACTIONS.-In computing the period of limitation under Pub. St. Mass. ch. 197, § 1, requiring certain actions to be commenced "within six years next after the cause of action accrues," in an action on a demand note the day of its date to be excluded.— Seward v. Hayden, Mass., 22 N. E. Rep. 629..

50. MANDAMUS-State Auditor.-Under Rev. St. Ill. 1889, ch. 113, § 41, mandamus will not lie to compel the auditor to draw his warrant for the balance due to the credit of void county bonds, where there are outstanding valid bonds of such county to which the balance in the treasury may legally be applied, and the proportion of such balance that belongs to the void bonds has not been ascertained.—Swigert v. Hamilton Connty, Ill., 22 N. E. Rep. 609.

51. MARRIED WOMEN.- Under Gen. St. S. C. § 2037, providing that a married woman may "contract and be contracted with, as to her separate property, in the same manner as if she were unmarried," she may give a note for money borrowed for her own use. Howard v. Kitchens, S. Car., 10 S. E. Rep. 224.

52. MECHANICS' LIENS. Code Civil Proc. Cal. § 1183, requires the construction contract to be in writing, and declares that where the amount exceeds $1,000, unless it is filed in the recorder's office of the county where the property is situated, it shall be void; "and in such case the labor done and materials furnished by all persons aforesaid shall be deemed to have been done and furnished at the personal instance of the owner, and they shall have a lien for the value thereof:" Held, that as the contract is void when not recorded, the material men are not limited in their right to a lien to the amount due the contractor on the contract, though they had actual notice that there was such a contract.-Kellogg v. Howes, Cal., 22 Pac. Rep. 509.

53. MONEY PAID- Illegal Tax. A county treasurer may be sued personally for money paid to him in his official capacity for illegal taxes, where it is paid under protest, with notice that suit will be brought to recover it.-Rushton v. Burke, Dak., 43 N. W. Rep. 815.

54. MORTGAGES-Defenses. - Defendant gave a mortgage for the purpose of preventing the collection of a deficiency in a foreclosure suit of a mortgage on certain other property, and the mortgagee assigned the same to plaintiff, who sought to foreclose: Held, that defendant was not estopped from pleading want of consideratlon.-Hill v. Hoole, N. Y., 22 N. E. Rep. 547.

56. MUNICIPAL CORPORATIONS. All the preliminary steps, provided for by a city charter, for the improve. ment of streets, are essential to the validity of the improvement and if either is omitted, the tax levy for such improvement is void. McLamen v. City of Grand Forks, Dak., 43 N. W. Rep. 710.

57. MUNICIPAL CORPORATION- License-Gas Company. -A town ordinance authorizing a gas company, on condition of its furnishing gas at specified rates, to lay pipes in the streets, is, after it has been accepted by the gas company, a contract, and not a revocable license. Chicago Municipal Gas-light Co. v. Town of Lake, Ill., 22 N. E. Rep. 616.

58. NEGLIGENCE-Railroad Tracks. -A sane man who drives a team upon a railroad track at a road crossing at night, and continues driving thereon for nearly two miles, where there is nothing to prevent his leaving the track except darkness, is guilty of gross negligence, and no recovery can be had for his death caused by a passing train, though the railroad company maintained the crossing in a negligent manner, and decedent was not negligent in entering on the track. Mc Donald v. Chicago, etc. Ry. Co., Wis., 43 N. W. Rep. 744.

59. NEGLIGENCE OF LANDLORD.- Held, that there was nothing to show negligence on part of defendant where plaintiff was injured falling down a flight of steps lead. ing from the sidewalk to cellar of building owned by defendant.-Wasson v. Pettit, N. Y., 22 N. E. Rep. 566.

60. NEW TRIAL-Newly discovered Evidence.-Newlydiscovered testimony, for the purpose of impeaching a witness who had testified on the trial, is insufficient to justify the allowance of a new trial. State v. Burt, La., 6 South. Rep. 631.

61. PARTIES Action by Agent. Under Code Civil Proc. Dak. § 74, a general agent of a mining company who deposited money with a bank in his own name as "agent," subject to his check, and whose drafts and checks, so drawn, were honored by the bank, could sue

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62. PARTNERSHIP Note. After an assignment for benefit of creditors by a firm, one member, in the presence of the others, executed a note in the name of the firm, the proceeds of which were paid to the firm's assignee, with the knowledge and consent of all partners, and used to procure the release of property of the firm which would otherwise have been applied in payment of the firm debts: Held, that the note was that of the firm, which was liable therefor. Williston v. Camp, Mont., 22 Pac. Rep. 502.

64. PRINCIPAL AND AGENT. Where an agent for the sale of land, with the knowledge and consent of his principal, employs another to show the property to a purchaser, and the latter agent fraudulently directs a third person having no knowledge of the fraud to show the wrong land, the principal is liable to the purchaser for the consideration paid. — McKinnon v. Vollmar, Wis., 43 N. W. Rep 800.

65. PUBLIC LAND-Administrator's Sale- The head of a family made entry upon public land, and died before final proof. After her death her administrator advanced the money and paid the government for the land, and obtained a patent to it for her heirs. Subsequently he obtained an order from the probate court to sell the land to repay him: Held, the money so advanced was not a lien upon the land; and further held that no title thereto passed by a sale under such order. — Coulson v. Wing, Kan., 22 Pac. Rep. 570.

63. QUO WARRANTO-Corporations. Proceedings in the nature of quo warranto, when instituted for the purpose of restraining a corporation from an unlawful exercise of franchises, must be against the corporation, and not merely against its officers and agents.- State v. Somerby Minn., 43 N. W. Rep. 689.

67. RAILROAD COMPANIES-Stock killing. - The extent of the duty of a railroad company as to stock on its track is that the engineer shall use reasonably care, after the stock is discovered by him, to prevent injury to it, and it is error to charge that it is negligence for a • railroad company to fail to keep a lookout for stock.Memphis &L Ry. Co., v. Kerr Ark., 12 S. W. Rep. 329.

68. RESCISSION-Vendor and Vendee.-When a sale is rescinded or annulled for non-payment of the purchase price, by agreement between the original parties, whatever its validity may be as to them, the retrocession does not necessarily affect third persons.-Payne v. Nowell, La., 6 South Rep. 636.

69. REFERENCE.-Under Code Civil Proc. N. Y. § 1013, it is not enough to justify a compulsory reference that the case may possibly involve the examination of a long account, but such fact must affirmatively appear.-Thayer v. McNaughton, N. Y., 22 N. E. Rep 562.

70. REMOVAL OF CAUSES. - Defendants demurred to plaintiffs' complaints in the State court. The demur. rers were heard and sustained in the State court, and plaintiffs were given leave and time to file amended complaints, which they filed. To plaintiffs' amended complaints defendants demurred, and at the same time filed their petitions and bonds for removal of the cases to this court: Held, that the petitions and bonds were not filled within the statutory time.-Delbanco v. Singletary, U. S. C. C. (Nev.,) 40 Fed. Rep. 177.

71. SCHOOL DISTRICT - Construction or Statutes.Public school property, real or personal, that has been appropriated and set apart by a township board of education for the purpose of a public school of a higher grade than primary, for the benefit of the youth of the whole township, does not pass to or vest in the board of education of a separate school district that may be afterwards organized out of the territory within which

the property happens to be situated, although the property falls within the letter of section 3972, Rev. St.Board of Education v. Board of Education, Ohio, 22 N. E. Rep. 641.

72. SHERIFF-Limitation.-A proceeding to amerce a sheriff under section 472 of the Civil Code, for a penalty on account of the omission of official duty, is barred by failure to prosecute within one year.-Fuller v. Wells, Fargo & Co., Kan., 22 Pac. Rep. 561.

73. SPECIFIC PERFORMANCE-Oral Lease.-Where tenants under a written lease make an oral agreement with their landlord for a five-years' lease to begin at the end of their present term, and on the faith of such agreement make valuable permanent improvements, and retain possession after the determination of their written lease, such improvements and possession are sufficient part performance of the oral agreement to take it out of the statute of frauds, and warrant a decree for specific performance.- Morrison v. Herrick Ill., 22 N. E. Rep 537.

74. SPECIFIC PERFORMANCE-A parol contract by a father to convey land to his daughter upon consideration of her living upon and improving the land will not be specifically enforced after the father's death, where the evidence as to the making of the contract is conflicting, and it appears that the daughter, after her father's death, offered to buy the land from the other heirs.-Shaw v. Schoonover, Ill., 22 E. Rep. 589.

75. SPECIFIC PERFORMANCE-Homstead.-Rev. St. Ill. ch. 52, §§ 1 and 4, do not preventa decree for the specific enforcement of a contract for the sale of property occupied as a homestead, though the contract is not signed by the wife where the property is worth $50,000, and the vendee agrees to accept title subject to the vendor's homestead rights.-Watson v. Doyle, Ill., 22 N. E. Rep. 613.

76. TAX COLLECTOR-Bond.-The renewal of a warrant for the collection of taxes, extending it beyond the time originally fixed for its return, will not release the sureties on the official bond of the collector.-Village of Olean v. King, N. Y., 22 N. E. Rep. 559.

77. TAX-TITLES.-Under Rev. St. Wis. § 1182, the right to a tax-deed is barred by the expiration of six years from the date of the entry of such assignment upon the records of the county, such record showing conclusively, for the purpose of the statute, that title to the certificates passed out of the county upon that date.Hiles v. Cate, Wis. 43 N. W. Rep. 802.

78. TRUSTEE-Trust Funds.-A trustee, who, without directions as to the mode of investing trust fouds, loans them to a private manufacturing corporation on mere personal security, is liable for any loss occasioned thereby, though he acts in good faith.-Simmons v. Oli ver. Wis., 43 N. W. Rep. 561.

79. VENDOR AND VENDEE.-Where a vender conveys land, reserving in the deed a lien for the price, and retaining possession, failure to pay the debt at maturity does not forteit the grantee's rights, and give the vendor a right to rescind.-Stitzle v. Evans, Tex., 12 S. W. Rep. 326.

80. WILL- Probate. Under Rev. St. Ill. ch. 148, § 2, which makes it a prerequisite to the probate of a will that two of the witnesses shall testify that the testator either signed or acknowledged the will in their pres ence, a will may be admitted to probate when one subscribing witness swears that the testator acknowledged the will in his presence, and the other identifies his signature, says that he does not recollect who was pres. ent when he attested the will, but that the testator, "or some one for him," asked him to attest it.-Canatsey v. Canatsey, Ill., 22 N. E. Rep. 595.

81. WITNESS-Impeachment.-Pub. St. Mass. ch. 169, § 19, which provides that the conviction for a crime may be shown to affect the credibility of a witness, does not require the crime to be of such a nature as of itself to affect his credibility, and evidence of a conviction for assault is admissible for purposes of impeachment.— Quigley v. Turner, Mass., 22 N. E Rep. 586.