by the legislatures, or conventions, of three-fourths of the states. From 1804 to 1865 the constitution was not changed in any respect. The thirteenth, fourteenth and fifteenth amendments were passed and ratified under a stress of popular sentiment engendered by the War of the Rebellion. Since that time the public have been so apethetic that it has come to be practically assumed that the constitution is unamendable. It is fortunate that the federal constitution contains comparatively few provisions that properly should have been left to ordinary legislation. Nevertheless, a preponderance of popular sentiment, if it could be sufficiently aroused, would favor some changes in matters of essential governmental policy as prescribed in the original instrument. An example may be afforded by the proposed change in the method of electing United States Senators, and probably less disputable illustrations are the proposition to authorize the president to veto any item in an appropriation bill, without vetoing the entire bill, and that for a uniform marriage and divorce law. It is greatly to be desired that one or two of these measures, which are of serious importance in themselves, and would command a large popular support, be taken up and systematically agitated. The present practical attitude toward amending the constitution is altogether too much a compound of fetichism and indolence. Conceding all the credit to the Fathers, which they deserve for framing "the greatest instrument ever strnck off by the hand of man," in the very nature of things, it must be true that no law of the comprehensiveness of the constitution could have been framed so as to be adequate for all time. Moreover, observation demonstrates that in several respects the constitution has been outgrown and become inadequate. For reasons stated above, we believe that the method of special amendment upon the initiative of Congress is preferable to that by constitutional convention.-New York Law Journal.

BOOK REVIEWS.

GOODRICH'S BENCH AND BAR.

An instructive and entertaining address on the subject of the Bench and Bar as Makers of the American Republic was delivered by Hon. W. W. Goodrich, presiding justice of the New York Supreme Court, Appellate Division, on Forefather's Day, 1902, a day set apart for the celebration of the 280th anniversary of the Pilgrim Fathers. This address has just been published and offered to the profession. Judge Goodrich divides American history into four parts-the Colonial period ending with the close of the revolution, the Constitutional period ending with the adoption of the federal constitution, the Formative period ending with the Civil War, and the National period now in progress. As to the early part of the Colonial period Judge Goodrich admits that the Pilgrim Fathers barely tolerated lawyers, regarding them as a necessary evil to be carefully circumscribed. Later in this period, however, when life became more complex and complications with England was threatening the safety and prosperity of the colonies, the despised lawyer was thrust into a position of influence far exceeding that ever held by him in England. During those days of fear and hesitation just preceding the revolution it was lawyers like John Adams, Josiah Quincy, Thomas Jefferson and Patrick Henry which guarded and crystallized public sentiment, and there can be little doubt that the work of these great lawyers influenced and confirmed the colonies in their determination to

free themselves from England and her injustice. During the Constitutional period from 1780 to 1789, which Judge Goodrich regards as the most important time in our history, the influence of the lawyer was in complete ascendancy and to that profession belongs the credit of framing the greatest instrument for the gov ernment of a nation ever "struck off at a given time by the brain and purpose of man." Of the fifty-five members of the fateful convention which drafted our constitution, thirty-five were lawyers. From among these came the leaders of that conventionAlexander Hamilton, James Madison, Oliver Ellsworth, Charles C. Pinckney and Edmund Randolph. During the formative period, the influence of the bench and bar was still paramount. We have but to mention the name of Marshall to evidence the preeminence of the judiciary, and the great debate between Douglass and Lincoln to illustrate that the lawyers of the country had almost everything to do with shaping the opinion of people on the momentous questions arising out of the controversy over slavery. And finally, during the latter part of this period when all questions had narrowed into one supreme issue, the integrity of the Union, our minds unite on one man, Daniel Webster, the greatest of all constitutional lawyers, who in thrilling sentences argued for the inseparability of the Union and against the right of any single state or any combinations of states to nullify the constitution or to secede from its compact. "Webster in Congress," says Judge Goodrich, "in public debates was what Chief Justice Marshall was in the supreme court, the exponent of nationality." During the National period which succeeded the Civil War, and of which we are now a part, the lawyer is still supreme in the political affairs of the nation. During this period the great questions of reconstruction and of equal rights without regard to race, color or previous conditions of servitude, were settled and solved by lawyers and firmly established by amendments to the constitution. Indeed, through this period as through every other period of our history the people have seemed to think that it was not possible to conduct public affairs without the assistance of lawyers. Judge Goodrich closes his address with not too fulsome panegyric upon the profession that has swayed the destinies of the greatest nation on the globe from its very infancy. The booklet containing this address is printed in sixty-six pages and bound in leatherette. Published by E. B. Treat & Co., New York.

BOOKS RECEIVED.

A Treatise on the Power of Taxation, State and Federal, in the United States. By Frederick N. Judson, of the St. Louis Bar. St. Louis: The F. H. Thomas Law Book Company, 1903. Sheep, pp. 868, price, $6.30. Review will follow.

Canadian Railway Cases, Containing a Selection of Cases Affecting Railways, Recently Decided by the Judicial Committee of the Privy Council, the Supreme Court and the Exchequer Court of Canada, and the Courts of the Provinces of Canada, with Notes and Comments, by Angus MacMurchy and Shirley Denison, of Osgoode Hall, Toronto, Barristers-at-Law. Volume 1. Toronto: Canada Law Book Company, 32 Toronto Street, 1902.

HUMORS OF THE LAW.

Mr Justice Darling dealt the other day with a counsel whose forensic style was wanting in conciseness. The learned gentleman, having commenced his crossexamination of the witness by asking him "how many children he had," concluded it by repeating the question. "When you commenced your examination," said the judge, "the witness had three."

CONNECTICUT.

GEORGIA.
IDAHO.

ILLINOIS.

INDIANA..
MAINE.

MARYLAND.
MISSOURI,

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NEVADA

.1, 8, 42, 45, 65, 75, 77, 91, 100, 124, 133, 165, 169 .2, 43, 44, 62, 80, 81, 87, 89, 126, 139, 146, 154, 162 .70, 130, 134 .34, 67, 74, 90, 93, 94, 108, 125, 148 88, 140 ...6

NEW JERSEY, 12, 50, 64, 68, 76, 85, 86, 99, 117, 121, 142, 158, 168 NEW YORK. .29, 104 41, 79, 113, 145, 156, 157, 169 .92, 119, 141, 153 35, 109, 111, 120, 152, 159 .3, 38, 54, 96, 98, 105, 123, 135, 143 36, 47, 51 46, 58, 106,

OHIO..

OREGON.

RHODE ISLAND.

TEXAS..

UNITED STATES C. C.

UNITED STATES C. C. OF APP., 10, 17, 18, 19, 31,
116, 138

UNITED STATES D. C., 15, 16, 20, 21, 22, 23, 24, 26, 27, 29, 30,
32, 39, 60, 78, 155
UNITED STATES S. C.
UTAH..

WASHINGTON..

.66, 114, 115 .25 33, 53, 82, 128, 131

1. ACTION-Demand -Demand is not necessary before filing set-off for money which is held wrongfully; it being clear that demand would be unavaling. Whitcomb v. Stringer, Ind., 64 N. E. Rep. 636.

2. ADVERSE POSSESSION - Constructive Occupation.The rule that actual adverse occupation of part of a tract of land under a recorded deed is constructive adverse occupation of the whole tract covered by the deed does not apply to a record owner, none of whose land is thus occupied. Walsh v. Wheelwright, Me., 52 Atl. Rep. 649.

3. ADVERSE POSSESSION Privity of Possession.Where a person went into possession under a contract to purchase, and delivered possession to defendant, who claims adversely to the owner, the time such person was so in possession cannot be included in the 10year limitations. - Thompson v. Dutton, Tex., 69. S. W. Rep. 641.

4. ALIENS- Chinese Exclusion. The mere assertion of citizenship cannot deprive a United States commissioner of his jurisdiction to adjudge a Chinese person to be unlawfully within the United States. - Chin Bak Kan v. United States, U. S. S. C., 22 Sup. Ct. Rep. 891.

5. APPEAL AND ERROR-Affirmance.-Where, on appeal to the court of appeals, there is an affirmance, appellant may not sue out a writ of error from the supreme court to the judgment of the district court.-Platte Land Co. v. Hubbard, Colo., 69 Pac. Rep. 514.

6. APPEAL AND ERROR-Dismissal.-Where the parties to an appeal settle the controversy, the appeal will be dismissed by the supreme court, though the cause has been argued and submitted. - Wedekind v. Bell, Nev., 69 Pac. Rep. 612.

7. APPEAL AND ERROR- Nunc Pro Tune Entry. The clerk of the supreme court has no authority to make a nunc pro tunc entry of the filing of a petition for a rehearing, but it must be filed on the date on which it is received by him. — Radloff v. Haase, Ill., 64 N. E. Rep. 557. 8. APPEAL AND ERROR-Operation of Statute.-Statute declaring no appeal shall hereafter be taken from certain cases held to apply to a case in which judgment was rendered, but appeal was not perfected, before ap proval of act.-Fitch v. Long, Ind., 64 N. E. Rep. 622.

9. APPEAL AND ERROR — Waiver of Objection.-An ob. jection to an instruction not raised at the original hearhearing of a cause will not be considered on rehearing. -Union Pac. R. Co. v. Colorado Postal Tel. Cable Co., Colo., 69 Pac. Rep. 564.

10. ATTACHMENT - Fraudulent Conveyance. - Subsequent attachments of real estate fraudulently conveyed by an assignor by deed good against him are superior in

law and in equity to the title of assignees under a general assigninent.-Watson v. Bonfils, U. S. C. C. of App., Eighth Circuit, 116 Fed. Rep. 157.

-Where summons on

11. ATTACHMENT- Nonresident. a nonresident is served by publication, and a personal judgment thereafter rendered, the judgment is valid as against property attached, but no further. Kerns v. McAulay, Idaho, 69 Pac. Rep. 539.

12. ATTORNEY AND CLIENT-Assignment of Alimony.A contract by a wife to assign part of alimony to attor ney is void as against public policy.-Lynde v. Lynde, N. J., 52 Atl. Rep. 694.

13. ATTORNEY AND CLIENT-Fraudulent Conveyance.An attorney has no authority as such to buy for his client the latter's property at execution sale in proceedings in which the attorney is employed. - Fisher v. McInerney, Cal., 69 Pac. Rep. 622.

14. ATTORNEY AND CLIENT-Knowledge of Attorney.Client held not charged in making purchase with knowledge of his attorney, who without his knowledge was representing vendors, and was personally interested In making the sale.-Scotch Lumber Co. v. Sage, Ala., 32 So. Rep. 607.

15. BANKRUPTCY-Allowance of Exemptions.-A court of bankruptcy cannot reopen the matter of a bankrupt's exemptions, after they have been set off to him and he has been granted a discharge, the validity of which is not questioned. In re Reese, U. S. D. C., N. D. Ala., 115 Fed. Rep. 993.

16. BANKRUPTCY Amendment of Proof.-An amendment to a proof of claim cannot be allowed which wil[ permit the claim to be proved after the expiration of the year to which such proof is limited by bankrupt act.-In ve Moebine, U. S. D. C., E. D. Pa., 116 Fed. Rep. 47. 17. BANKRUPTCY

Appointment of Receiver.-A court of bankruptcy is without jurisdiction to appoint a receiver to take possession of property which is held by a third person, who claims it as owner, or to make a summary order for the sale of such property without the consent of the adverse claimant. Beach v. Macon Grocery

Co., U. S. C. C. of App., Fifth Circuit, 116 Fed. Rep. 143. 18. BANKRUPTCY-Change of Homestead. Under the exemption laws of Kansas, an insolvent debtor may lawfully change his homestead within four months prior to his bankruptcy, by abandoning one and removing to another property more valuable, where it is done in good faith and without fraud. Hunergardt v. John S. Brittain Dry Goods Co., U. S. C. C. of App., Eighth Circuit, 116 Fed. Rep. 31.

19. BANKRUPTCY-Contempt. - A court of bankruptcy cannot lawfully order a bankrupt to deliver to his trustee money or property which is not in his possession or under his control, and imprison him if he fails to comply with such order, which would be in fact an imprisonment for debt, and not for contempt.- Boyd v. Glucklich, C. S. C. C. of App, Eighth Circuit, 116 Fed. Rep. 131.

20. BANKRUPTCY-Debts Entitled to Priority. — Under the provision of Code Iowa making individual partners liable for taxes due from the firm, taxes levied against a firm are provable as a preferred claim against the estate of a partner in bankruptcy.—In re Green, U. S. D. C., 116 Fed. Rep. 110.

21. BANKRUPTCY-Discharge.- Specifications of objection to the discharge of a bankrupt on the ground that he has made a false oath, which fail to charge that the same was made knowingly and fraudulently, are fatally defective and must be disregarded. In re Beebe, U. S. D. C., E. D. Pa., 116 Fed. Rep. 48.

22. BANKRUPTCY- Exemptions.- A bankrupt cannot claim his exemptions, allowed by the laws of Pennsylvania, out of money or property recovered by his trusttee from a creditor, to whom the bankrupt had given a preference in fraud of the bankruptcy act. — In re Long, U. S. D. C., E. D. Pa., 116 Fed. Rep. 113.

23. BANKRUPTCY-Exempt Property.-A court of bankruptcy cannot subrogate a trustee to the rights of a creditor who has acquired a lien on exempt property of the bankrupt for the purpose of enforcing such lien

for the benefit of the estate. In re Jackson, U. S. D. C., E. D. Pa., 116 Fed. Rep. 46.

24. BANKRUPTCY-Fraudulent Concealment. Where the evidence of fraudulent concealment of assets is wholly circumstancial, it is unnecessary to aver in an involuntary petition in bankruptcy the precise details of the act of concealment. In re Bellah, U. S. D. C., D. Del., 116 Fed. Rep. 69.

25. BANKRUPTCY-Ground for Replevin.-Where goods sold has been seized in replevin prior to the appointment of a trustee in bankruptcy, such trustee could not retain the property, if it had been obtained by the fraud of the bankrupt. - Goodyear Rubber Co. v. Schreiber, Wash., 69 Pac. Rep. 648.

26, BANKRUPTCY-Homestead The fact that a bankrupt removed with his family into a building owned by him, after he became insolvent and in contemplation of bankruptcy, does not defeat his right to claim his homestead exemption in the property. In re Stone, U. S. D. C., E. D. Ark., 116 Fed. Rep. 35.

27. BANKRUPTCY Landlord's Lien. - A lien on the goods and chattels of a tenant on the rented premises for rent due for the balance of the renting year, given by law of Delaware, will be enforced as against the proceeds of such goods and chattels sold by a trustee in proceedings in bankrupicy against the tenant. — In re Mitchell, U. S. D. C., D. Del., 116 Fed. Rep. 87.

28. BANKRUPTCY - Petition. -The sufficiency of the number of creditors to petition in bankruptcy is a juris. dictional fact, which may be questioned in proceedings in a state court. — Buckingham v. Schuylkill Plush & Silk Co., In re O'Donnell, 77 N. Y. Supp. 857.

29. BANKRUPTCY-Petition.-A petition in involuntary bankruptcy is defective, if it omits to aver that the defendant is not a wage earner, nor a person engaged chiefly in farming--In re Bellah, U. S. D. C., D. Del., 116 Fed. Rep. 69.

30. BANKRUPTCY-Preferences.- Payments made on a note by an insolvent within four months prior to his bankruptcy, to an indorsee, who holds the note as collateral security for a debt of the payee, are payments to the payee, and must be surrendered by him before he can prove a further indebtedness against the bankrupt's estate. In re Meyer, U. S. D. C., N. D. Tex., 115 Fed. Rep.

997.

31. BANKRUPTCY-Proof of Claim. - A court of bankruptcy may, in its discretion, permit the amendment of a proof of claim after the expiration of the year allowed for proving claims, where there was sufficient to amend by in the original proof. - Hutchinson v. Otis, U. S. C. C. of App., First Circuit, 115 Fed. Rep. 937.

32. BANKRUPTCY-Right to Object to Claim - A creditor of a bankrupt, who has made no objection to claims of other creditors, which have been allowed and on which dividends have been paid, is barred by laches from the right to require the trustee to then re-examine and disallow such claims on the ground of preferences received by the claimant. - In re Hamilton Furniture Co., U. S. D. C., E. D. Pa., 116 Fed. Rep. 115.

33. BILLS AND NOTES Recovering Paid Note.- The maker of a note which has been paid may sue to recover its possession.-Carr v. Jones, Wash., 69 Pac. Rep. 646.

34. BILLS AND NOTES-Waiver.-An indorser of a note may waive in advance presentment and notice of dishonor.-Keller v. Home Life Insurance Co., Mo., 69 S. W. Rep. 612.

35. BREACH OF MARRIAGE PROMISE Request to Perform. Where at the time set for the marriage, defendant was sick, and before his recovery plaintiff sued for breach of his promise, which action she discontinued, she cannot recover in a second action without offer to marry him after the first action was discontinued.Clark v. Corey, R. I., 52 Atl. Rep. 811.

36. CARRIERS- · Connecting Lines. -It is the duty of a connecting carrier to deliver goods shipped under a through bill of lading to the next carrier, and to so deliver them in good condition for shipment, and its duty

38. CARRIERS - Duty to Light Platform. — A railroad was negligent where an employee, who knew that the platform was insufficiently lighted and of the existence of a space between it and the lower steps of the car, directed and commanded a passenger to leave the train while under motion.-Gulf, C. & S. F. Ry. Co., v. Shelton, Tex., 69 S. W. Rep. 653.

39. COLLISION-Negligent Towing.-It is not negligent, under all circumstances, for a tug to tow a vessel with a great length of line, and to render her liable for a collision, on that ground it must be shown that it resulted from such cause. - The Captain Sam, U. S. D. C., S. D. Ala., 115 Fed. Rep. 1000.

40. CONSPIRACY-Law of the Case. - To constitute the crime of conspiracy to cheat, it is immaterial whether or not the cheat, or any one of the devices by which it was accomplished, unassociated with the conspiracy, would be indictable. State v. Gannon, Conn., 52 Atl. Rep. 721.

41. CONSTITUTIONAL LAW — Alimony.-A money decree for alimony is not a debt, within the constitutional prohibition against imprisonment for debt, but is such an order as, under Rev. St., § 5640, authorizes punishment for contempt on a wilful failure to comply with the decree.-State v. Cook, Ohio, 64 N. E. Rep. 567.

42. CONSTITUTIONAL LAW - Constitutional Question.The supreme court will not decide a constitutional question when it can place its decision on other grounds.— Hart v. Smith, Ind., 64 N. E. Rep. 661.

43. CONSTITUTIONAL LAW-Physicians and Surgeons.That Acts 1895, c. 170, relating to the registration of physicians, in terms exempts from its operation a physi cian called in from another state, does not bring the act in conflict with the fourteenth amendment of the United States constitution. - State v. Bohemier, Me., 52 Atl. Rep. 643.

44. CONTRACTS-Joint.-Where the law implies a promise, the consideration for which moves from several persons jointly, the promise will be joint as to the promisees.-Eveleth v. Sawyer, Me., 52 Atl. Rep. 639.

45. CONTRACTS - Oral. - Where a contract of employment was partly through letters and partly oral, it will be treated as a parol contract. Stauffer v. Linenthal, Ind., 64 N. E. Rep. 643.

46 CONTRACTS - Restricting Location Railroad Stations. A contract by which a railroad company agrees to establish and maintain a station at a particular place, and not to establish or maintain any other station within a certain distance therefrom, is contrary to public policy, and cannot be enforced in a court of equity.-Beasley v. Texas & P. Ry. Co., U. S. C. C. of App., Fifth Circuit, 115 Fed. Rep. 952.

47. COPYRIGHTS - Newspapers. There can be no general copyright as an entirety of a daily newspaper, which is composed in large of matter not entitled to protection.-Tribune Co. of Chicago v. Associated Press, U. S. C. C., N. D. Ill., 116 Fed. Rep. 126,

48. CORPORATIONS - Collateral Attack. - Where it ap pears from the articles of incorporation of a corporation that it is duly organized and existing under the laws of the state, its charter cannot be attacked in a collateral proceeding. Union Pac. R. Co. v. Colorado Postal Tel. Cable Co., Colo., 69 Pac. Rep. 564.

49. CORPORATIONS — Director's Purchase. - Director of a corporation held liable to a creditor of corporation for profits made by him on purchase of corporation's goods. Fishel v. Goddard, Colo., 69 Pac. Rep. 607.

50. CORPORATIONS--Salaries of Officers.-Where corporation directors attempt to fix their own salaries, they will be allowed only the actual value of such services.Davis v. Thomas A. Davis Co., N. J., 52 Atl. Rep. 717.

51. CORPORATIONS -Secret Bonus to One Stockholder. -Where one stockholder in a corporation, who joined with the others in selling all the stock and property of the corporation as an entirety, secretly received an additional sum for his own benefit which in equity belonged to all the stockholders, and the interest of each therein, can be readily ascertained without an accounting, an action in assumpsit will lie by one of such stockholders to recover his share.-Synnott v. Cummings, U. S. C. C., D. N. J., 116 Fed. Rep. 40.

1

52. CORPORATIONS Stockholder's Liability. - Unpaid stock subscriptions are liable for the corporate debts only after all legal remedies against the corporation have been exhausted, or where it is insolvent.-Fletcher v. Bank of Lonoke, Ark., 69 S. W. Rep. 580.

53. COSTS-Compulsory Nonsuit.-Where a compulsory nonsuit had been granted, it was not error to order a stay of a new action between the parties until the judg ment and costs in the former case had been paid.— Schwede v. Hemrich, Wash., 69 Pac. Rep. 643.

54. CRIMINAL EVIDENCE-Admissions -A statement by a justice of the peace to accused, after her arrest, that she had better tell the truth, does not preclude her confession from being admissible against her, as not being voluntary Grimsinger v. State, Tex., 69 S. W. Rep. 583. 55. CRIMINAL EVIDENCE Involuntary Confession.Where two defendants were tried jointly, evidence by third parties of a statement made by one defendant tending to inculpate both, but inadmissible as to the maker because not voluntary, is hearsay as to the other. -People v. Gonzales, Cal., 69 Pac. Rep. 487.

56. CRIMINAL LAW-Breach of the Peace.-On a prosecution for breach of the peace, in which disturbance two officers were asaaulted, it was proper to show that defendant had that morning threatened to assault one of them.-Stafe v. Tucker, Conn., 52 Atl. Rep. 741.

57. CRIMINAL LAW-Demanding of Accused Incriminating Documents.-To permit a demand to be made on the defendant in a criminal case, in the presence of the jury, to produce a paper or document containing incriminating evidence against him, is a violation of the immunity secured to him by the fifth amendment to the constitution.-McKnight v. United States, U. S. C. C. of App., Sixth Circuit, 115 Fed. Rep. 972.

58. CRIMINAL LAW-Disqualification of Judge.-Under Gen. St., § 841, the disqualification of a judge was not waived by merely proceeding to trial.-State v. Hartley, Conn., 52 Atl. Rep. 615.

59. CRIMINAL TRIAL - Instruction. An instruction that, "if any one of the jury has a reasonable doubt of the guilt of the defendant, they are not for this reason required to acquit the defendant," was not error.-Nevily v. State, Ala., 32 So. Rep. 596.

60. CRIMINAL TRIAL-Submitting Question of Insanity. -Where the question whether a defendant in a criminal case was insane at the time of the trial is submitted to the jury for a preliminary finding, a unanimous verdict of insanity is required to authorize the court to take ac tion thereon.-United States v. German, U. S. D. C., N. D. Ky., 115 Fed. Rep. 987.

61. CRIMINAL TRIAL — Waiver Criminal Statute.-A district attorney cannot make a valid agreement to refrain from enforcing a criminal statute.-Giano v. People, Colo., 69 Pac. Rep. 504.

62. DAMAGES - Blasting. In an action for damages caused by blasting in an adjoining quarry, plaintiff cannot recover for probable future damages.-Wilkins v. Monson Consol. Slate Co., Me., 52 Atl. Rep. 755.

63. DEEDS-Construction.-The word "beach," may be construed, in the light of the circumstances surrounding the execution of such deed, to mean a sandy shore above high-water mark.-Wakeman v. Glover, Conn., 52 Atl. Rep. 622.

64. DIVORCE-Alimony.-Alimony to be allowed in the future is not susceptible of assignment by the wife to another, nor capable of being enjoyed by her in anticipation.-Lynde v. Lynde, N. J., 52 Atl. Rep. 694.

65. DIVORCE-Alimony.-A decree of divorce awarding alimony held subject to modification to provide for the support by the husband of a minor child.-Tobin v. Tobin, Ind., 64 N. E. Rep. 624.

66. DIVORCE-Mormon Church.-The Mormon "church divorce" is invalid, though the parties believe it valid and attempt to contract another marriage.-Gordon v. Roylance, Utah, 69 Pac. Rep. 660.

67 EJECTMENT-Actual Knowledge.-Possession of the mears of knowledge of adverse title by defendant in ejectment, in an action to recover for improvements, justifies a finding of actual knowledge. — Kugel v. Knuckles, Mo., 69 S. W. Rep. 595.

68 EJECTMENT-Encroachment on Highway. - Ejectment by the municipal authority is the appropriate remedy against a person unlawfully encroaching upon a public highway under its control.-Asbury Park v. Hawxhurst, N. J., 52 Atl. Rep. 694.

69. EMINENT DOMAIN-Condemnation. -Where land which is not needed for railroad purposes has been appropriated for a right of way, such appropriation will not prevent the condemnation of such land for another public use.-Denver Power & Irrigation Co. v. Denver R. G. R. Co., Colo., 69 Pac. Rep. 568.

70. EMINENT DOMAIN-Street Railroads.-A street railroad company has no right to construct its line across railroad tracks in a city street without first compensating the railroad company for damages resulting therefrom.Central Pass. Ry. Co. v. Philadelphia, W. & B. R. Co. Md., 52 Atl. Rep. 752.

72. ESTOPPEL Innocent Sufferers.-Where the mortgagors, by delivering an insurance policy to one whom they knew to be dishonest, enabled him to pretend to be agent for the mortgagee and collect the insurance money, they should suffer the loss, under Civ. Code, § 3543.-Ballard v. Nye, Cal., 69 Pac. Rep. 481.

73. ESTOPPEL-Streets.-The owners of city real estate, selling lots with reference to a plat, held estopped, as against their veudee, from denying the existence of such streets as public highways. Overland Mach. Co. v. Alpenfels, Colo., 69 Pac. Rep. 574.

74. EVIDENCE-Book Account.-Original entries of book account are admissible in evidence, when authenticated as memoranda contemporaneous with the transactions recorded.-Stephan v. Metzger, Mo., 69 S. W. Rep. 625. 75. EVIDENCE The jury is not bound by the estimates of witnesses as to the dainages sustained by one whose land is taken for a street -Terre Haute & L. Ry. Co. v. Town of Flora, Ind., 64 N. E. Rep. 648.

- Damages.

record of the taxing board. -State v. Aldridge, Ohio, 64 N. E. Rep. 562.

80. EVIDENCE-Unstamped Instruments. — The United States statute prohibiting the introduction of unstamped notes In evidence applies only to courts of the United States.-Wade v. Curtis, Me., 52 Atl. Rep. 762.

81. EVIDENCE - Unstamped Note.-An unstamped note ⚫ cannot be excluded as evidence on a trial in the state court for want of the war revenue stamp provided by Stat. 30, c. 448, §§ 13, 14. -Wade v. Foss, Me., 52 Atl. Rep. 640.

82. EVIDENCE-Value of Property.-Testimony of a witness to the value of a piano in controversy held admis sible, though he did not know of similar sales in the same year.-Lines v. Alaska Commercial Co., Wash., 59 Pac. Rep. 642.

83. EXECUTION - Restraining Levy. Where land is levied on under execution against one other than the holder of the legal title, the latter may have a temporary injunction restraining sale. Einstein v. Bank of California, Cal., 69 Pac. Rep. 616.

84. EXECUTORS AND ADMINISTRATORS — Adverse Possession. The possession of a decedent's land, which is adverse to the widow alone, prior to assignment of her dower, extends only to the land which the statute allows her to hold until dower is assigned. Reagan v. Hodges, Ark., 69 S. W. Rep. 581.

85. EXECUTORS AND ADMINISTRATORS-Claims against Decedents. In view of Orphans' Court Act Revision 1898, p. 740, § 72, where an estate has been settled, but not distributed, the executor is a necessary party to a suit in equity brought to charge legatees or devisees with payment of a claim against decedent.-Loehnberg v. Loehnberg, N. J., 52 Atl. Rep. 710.

88. EXECUTORS AND ADMINISTRATORS — Rejection of Claim. The fact that an executor rejects a note presented as a claim against the estate does not authorize suit on the note before its maturity.-Radue v. Pauwelyn, Mont., 69 Pac. Rep. 557.

89. FALSE IMPRISONMENT- Damages. Where plaintiff was arrested under an illegal tax warrant and detained 13 days, held, that damages to the extent of $100 will be allowed.-Jacques v. Parks, Me., 52 Atl. Rep. 763.

90. FORGERY-Intent to Injury.-An intent to injure or lefraud is an essential element of forgery of a writing as a crime.-Krup v. Corley, Mo., 69 S. W. Rep. 609.

91. FRAUDS STATUTE OF - Oral Agreement. - An oral agreement to procure certain shares of stock and transfer them to defendant, on his promise that a corporation would purchase certain land belonging to him, held void as within the statute of frauds.-Crafton v. Carmichael, Ind., 64 N. E. Rep. 627.

93. GAMING-Brokers. In a suit by brokers for commissions on sales of stock made in New York by plaintiff's correspondents, the sales held New York contracts governed by the laws of New York. -Gaylord v. Duryea, Mo., 69 S. W. Rep. 607.

94. GARNISHMENT-Fraudulent Conveyance.-Funds in the hands of a trustee for the benefit of certain preferred creditors can be reached by garnishment, where the deed under which he claims is fraudulent as to other creditors, Hungerford v. Greengard, Mo., 69 S. W. Rep. 602.

95. GAS-Negligence. A gas company held liable for

injuries from negligence in connecting a gas stove.— United Oil Co. v. Roseberry, Colo., 69 Pac. Rep. 588.

96. GRAND JURY-Confessions. The admission of evidence of grand jurors, showing a confession by accused after being properly warned, is not erroneous, or in violation of White's Ann. Code Cr. Proc., art. 404.-Grimsinger v. State, Tex., 69 S. W. Rep. 583.

97. HOMESTEAD-Abandonment.-Where the owner of land on which he has been living rents it for a series of years, and moves away, without reservation of any part of the dwelling for use as his residence, and without filing a claim of homestead exemption, as provided by Code, § 2065, he thereby abandons his homestead in the premises. Bland v. Putman, Ala., 32 So. Rep. 616.

99. HOMICIDE-Self-Defense. On an indictment for murder, the presence of a specific intent to take life is not alone conclusive that the act was done with delibera tion and premeditation.-State v. Bonofiglio, N. J., 52 Atl. Rep. 712.

100. HUSBAND AND WIFE-Suretyship.-Where the only consideration for the note of a married woman is properly conveyed to another, the title not resting in her, she is only a surety, and the note is void as to her. Cook v. Buhrlage, Ind, 64 N. E. Rep. 603.

101. INDICTMENT AND INFORMATION-Election Between Counts. Where a complaint charged three offenses, and a conviction could have been had on more than one, the state was not required to elect.-State v. Tucker, Conn., 52 Atl. Rep. 741.

102. INDICTMENT AND INFORMATION- Robbery.-Where an indictment for robbery contained three counts, charging the taking in the first of 30 cents, in the second of a bunch of keys, and in the third of a knife, the state could not be required to elect. - Nevill v. State, Ala., 32 So. Rep. 596.

103. INSURANCE-Age of Applicant. In an action on a beneficiary certificate, where the defendant alleged that applicant fraudulently misstated her age, the burden was on plaintiff to prove her age as stated, and on defendant to prove the fraud. - Murray v. Supreme Lodge of New England Order of Protection, Conn., 52 Atl. Rep. 722.

104. JUDGMENT-Action to Dispossess. - Judgment for rent held not a bar to defense of tenant in action for dispossession for failure to pay subsequent month's rent.Seigel v. Neary, 77 N. Y. Supp. 854.

105. JUDGMENT-Contract of Sale - A positive assertion of ownership of a judgment in open court four months after the purchase thereof held an election, and a waiver of the right to rescind.-Hume v. John B. Hood Camp Confederate Veterans, Tex., 69 S. W. Rep. 643.

106. JUDGMENT-Decree on Demurrer.-A decree rendered on demurrer is conclusive only upon matters put in issue by the pleadings. Ohio River R. Co. v. Fisher, U. S. C. C. of App., Fourth Circuit, 115 Fed. Rep. 929.

107. JUSTICES OF THE PEACE-Sufficiency of Transcript. -Under Code, § 484, it is sufficient if a justice of the peace on appeal returns all the papers, with the statement required by the statute. Hardee v. Abraham, Ala., 32 So. Rep. 595.

108. LANDLORD AND TENANT - Assignment of Rents.An assignment of rents of a building to a creditor, subject to a deed of trust, charges the creditor to first apply the rents to the payment of the trust deed-Bredell v. Fair Grounds Real Estate Co., Mo., 69 S. W. Rep. 635.

109. LIFE ESTATE-Liability to Remainderman.-A testamentary trustee, appointed to pay one for life the income of a bequest, who receives the total amount of the bequest, is liable to the remainderman for such amount.Fitzgerald v. Rhode Island Hospital Trust Co., R. 1., 52 Atl. Rep. $14.

110. MALICIOUS PROSECUTION-Civil Action.- Where a civil action was instituted three times, but dismissed