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fact that a servant was working on Sunday, in violation of the Sunday laws, when injured by reason of the master's negligcncc, will not preclude a recovery for such injuries: Solars v. Manhattan Ry'. Co., 29 N. Y. Suppl. 1123.

In NicCormick v. South Park Comrs., 37 N. E. Rep. 1074. the Supreme Court of Illinois has decided, that where a city Municipal

has repcatedly allowed property owners to creci Corporations buildings projecting into the streets, but has in each case required the plan of the proposed projection to be prescnted to and approved by the city authorities before it was allowed to be built, the citizens do not thereby acquire any right to build such projections without permission.

The Supreme Court of Washington has given a valuable decision in regard to the manner of voting in deliberative bodics, in Buckley v. Tacoma, 37 Pac. Rep. 446. by holding that when, by law, a certain proportion of the body is required to pass a measure before it, it cannot be done by a viva croce vote, on the ground that " in no casc where a fixed proportion of members must vote to carry a mcasure, is it possible to ascertain the result by the viva voce plan."

The Supreme Court of Missouri holds, that it is, as a matter of law, actionable negligence for a manufacturer to obstruct for

weeks the street in front of his premises for the Negligence

purpose of receiving and discharging his goods : Gerdes v. Christopher and Simpson Architectural Iron and Foundry Co., 27 S. W. Rep. 614; but according to the Circuit Court of Appeals, Fifth Circuit, in the absence of a statute give ing a remedy, a city is not liable for damages for the taking of human life by a mob, although its officers may have been negligent in preserving the public peace: New Orleans v Abbagnato, 62 Fed. Rep. 240.

The Supreme Court of South Dakota has recently ruled that the constitutional prohibition against changing the com

pensation of any public officer “during his term of Officers

office," does not apply to a deputy appointed by an officer to hold during the pleasure of the latter, as the word

Notes

"term" applies to a fixed pcriod: Somers v. State, 59 N. W. Rep. 962. Sec Statc v. Johnson, (Mo.), 27 S. W. Rep. 399.

The Supreme Court of Minnesota adheres to the doctrine that partnership capital invested in land for the benefit of the

partnership will be treated as personalty, and not Partnership

bc subject to dower or inheritance, until it has performed all its functions to the partnership, and has thereby ccascd to. be partnership capital, and that accordingly the inchoate title of the wise of a partner attaches to only that part of such real estate remaining in specii, unconverted, after the complete termination of the partncrship: WoodwardHolmes Co. v. Mcdd., 59 N. W. Rep. 1010.

Thc Supreme Court of New Hampshire holds an instrument for the payment of money at the death of the maker good: Promissory

Marten v. Stone, 29 Atl. Rep. 845; and the Supreme

Court of Idaho has ruled, that a note without grace made payable in a bank, placed and remaining therein for collection, till due, may be sued upon after banking hours on the evening of the day it falls due, when the opening and closing hours are well known to the maker: Sabin v. Burke, 37 Pac. Rep. 352.

According to the Supreme Court of Florida, a plea of non usurpavit is not proper in proceedings on an information in the

nature of a quo warranto, at the relation of a pri

vate person, upon refusal of the attorncy general to institute suit; for in such a proceeding, when the relator has shown a prima facie right to the office, the respondent must show by what titlc he holds: Buckman v. State, 15 So. Rep. 697.

In Chicago, R. I. & P. Ry. Co. v. Stahlcy, 62 Fed. Rep. 363, the Circuit Court of Appeals, Eighth Circuit, has decided that

when a statute of one state, which has there reConstruction ceived a settled construction, is adopted in another state, and the Supreme Court of that state puts a different construction upon it, the latter construction will be accepted by the Federal courts as the true construction within that state.

Quo Warranto

Statutes,

In the opinion of the Supreme Court of Pennsylvania, a requirement that a claim for damages against a telegraph

Telegraph company must be presented within sixty days is Companies not reasonable in the case of a message sent from Philadelphia to Shanghai, from which no answer would come in the ordinary course of business, except by mail: Conrad v. Western Union Tel. Co., 29 Atl. Rep. 888.

According to the Supreme Court of Pennsylvania, a title conditioned that no mill, factory, brewery or distillery shall be Vendor

erected on the premises, will not satisfy a stipulaand Vendee tion in the agreement of sale that the title shall be good and marketable, and clear of all incumbrances: Balley v. Foerderer, 29 Atl. Rep. 868.

Waters

The Circuit Court for the District of Indiana has recently held, discountenancing Jean v. Pa. Co., 36 N. E. Rep. 159,

and the other Indiana cases cited, that the super

abundant waters of a river, at times of ordinary flood, spreading beyond its banks, but forming one body and flowing within their accustomcd boundaries in such floods are not surface waters, which a riparian owner may tum off as he will: Cairo, V. & C. Ry. Co. v. Bretoort, 62 Fed. Rep. 129.

BOOKS RECEIVED. (All legal works received before the best of the month will be reviewed in the lasue of the month following. Books should be sent to W. 8. Ells, Eng, 138 Drexel Bullding, Philadelphia, Pn.)

TREATISES, TEXT-BOOKS, ETC. SOURCES OF THE CONSTITUTION OF THE UNITED STATES COXSIDERED

IN RELATION TO COLONIAL AND ENGLISH HISTORY. By C. ELLIS

STEVENS, LL.D. New York Macmillan & Co. 1894 COMMENTARIES ON AMERICAN LAW. By JAJES KEXT, LL.D. Edited

by W». HARDCASTLE BROWNE, A.M. St. Paul : West Publishing

Co. 1894 HANDBOOK OF COMMON LAW PLEADING. By BENJAMIN J. SHIPYAN.

St. Paul: West Publishing Co. 1894. NEW ROADS AND ROAD LAWS IS THE UNITED STATES. By ROY STORK,

Vice-President of National League for Good Roada New York:

D. Van Nostraod & Co. 1894. A TREATISE ON THE LAW OF WILLS AND ADMINISTRATORS, with Special

Reference to the Teonessee Statutes and Decisions. By ROBERT PRITCHARD, of the Chattanooga Bar. Chattanooga: Pritchard & Sizer. 1894

A THEATISE ON THE LAW OF RES JUDICATA, including the Doctrines of

Jurisdiction, Rar by Suit and Lis Pendens. By HUKM CHAXD, M.A.
Printed at the Education Society's Stram Press, Byculla, Bombay.
William Clowes & Sou, London. William Greca & Sons, Edin-

burgh. 1894. THE NATURE OF THE STATE By DR. PAUL CARUS. Chicago: The Open Court Publishing Co. 1894.

SELECTED CASES. A SELECTION OŃ CASES AND OTHER AUTHORITIES UPON CRIMINAL

LAW. By JOSEPH HENRY BEAL.K, JR., Assistant Professor of Law in llarvani University. Cambridge: Harvard Law Review Publish

ing Association. 1894. AMERICAN ELECTRICAL CASES, being a Collection of all the Important

Cases (excepting l’atent Cases) Dccided in the State and Federal Courts from 1873 on Subjects Relating to the Telegraph, Telephone, etc., with Annotations, Edited by WILLIAM W. MORRILL. Vol. I (1873-1885). Albany, N. Y.: Matihew Bender. 1894.

ROOKS ON REFERENCE.
TANIKS FOR ASCERTAINING THIX I'RISKNT VALUE OF VESTKD AND

CONTINGKAT RIGHTS OP DOW'KR, CURTESY, ANNUITIKS AND OTHER
LIFK ESTATES; DAMAGES FOR DKATI OR INJURY BY WRONGTUL
Act, Etc. Based chicfly upon the CarlislcTable of Mortality.
Computed and Compiled by PLOKIRN GIAVQUX and HENRY B.
MCCLURE. Cincinnati: Robert Clarke & Co. 1894.

PAMPHLETS.
GREAT DISSKYTING OPINIONS OF THE SUPRKMX COURT OF THR UNITED

STATKs. A paper read at the Seventeenth Annual Meeting of the
American Rar insociation (1894). By HAMPTON L. Carson, of the

Philalelphia Rur.
PROHI.KMS AND Quiz in COMMON LAW PLEADING. By EARL HOPKINS

St. Paul : West l'ublishing Co. 1894.

BOOK REVIEWS.

A TREATISE ON THE FOREIGN POWERS AND JURISDICTION OF

THE BRITISH Crows. By W. E. Hall Oxford: The Clarendon Press. London: Stevens & Sons, Limited, New York: MacMillan & Co. Price, $2.60. 1894.

The editors have received the above work, written by WILLIAN E. Hall, the celebrated English barrister, whose wellknown text-book on “ International Law" has already run through threc cditions and has placed its author in the front rank of modern English writers upon this subject. The best proof of Mr. Hall's standing in this respect, upon this side of the Atlantic, is the fact that it is the standard text-book on international law in use at the present time at Harvard University.

The subject of Mr. Hall's latest production is necessarily

more restricted in its scope than his earlier work. Much of what he has to say is confined in its application to Great Britain only, and in this respect it differs materially from the majority of the books which are reviewed in these columns. Thus, it contains paragraphs upon such subjects as the status in England of naturalized aliens, naturalization in the colonies. the legality under British statutes of marriages in foreign countries, the powers of British consuls, the jurisdiction of the Crown in the countries of the Fast and other semi-civilized regions. Thesc sections of the book obviously have no general application except in cases where some question has arisen involving a. British statute. On the other hand, there are other sections which would be quite as valuable to the American lawyer as to his British confrère. Thus, the admir. abic discussion in Chapter IV, of the jurisdiction of the Crown on the high seas, treats of a much-discussed question of international law of quite as much interest here as there. The members of our Bar, if the occasion should arise, will find of great practical value Mr. Hall's remarks on such subjects as the rights of a State with reference to its subjects abroad, changes of nationality, extra-territorial marriages, and diplomatic agents.

ir. Hall's style of composition has always been distinguished for its clearness combined with the quality of great compactness. His statements are classified in paragraphs, appropriately summarized in short marginal notes. This style of arrangement renders the book very casy reading, and one which is very convenient to refer to in search of extracts and references. At the end of the book the author has introduced a system of indices which is a considerable advance upon those generally found in law books of this class. They are five in number, and cover in succession the following topics: Statutes, Orders in Council, Cases, Treaties, and, lastly, the General Index. The use of the book for purposes of practice is greatly aided by this feature of it. The general appearance of the book does great credit to the English publishers, and also to MacMillan & Co., who are the publishers in this country.

RUSSELL DUA

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