of appeals takes for its present text. The appeal of the court is for self-restraint and the exercise of sound discretion on the part of the bar.-New York Law Journal. CONTRIBUTORY NEGLIGENCE OF CHILDREN OF TENDER YEARS. Should the law courts, in considering a defense of contributory negligence, treat children of tender years as if they were grown-up persons? In a recent case in Scotland (Horsburgh v. Sheach, Ct. of Sess. Cas., 5th series, vol. 3, p. 259), the plaintiff brought an action on account of the death by accident of his son, a child seven years old. The defendant had con. tracted to execute certain works in a street in Dundee, and in the execution of his contract had to make use of quantities of sand and coping stone. Cunning. ham street, where the accident occurred, was bounded on one side by a mill pond, between which and the road was a wall eight feet in height. The de. fendant placed a heap of coping-stone, sand, and gravel close to this wall, and at the date of the accident this heap had accumulated to such an extent that its top was within thirty inches of the top of the wall. The plaintiff's child, while playing with other children on the top of the heap, fell over the wall and rolled into the pond itself, where it was drowned. For the plaintiff it was contended that the wall was constructed for the purpose of protecting persons using the street against the dangers of an unfenced road, and that the defendant in piling up the heap did away with the effect of the wall and rendered the pond an open source of danger to the public; and that, although it was known that children were in the habit of playing on the top of the heap, the defendant took no steps, by erecting a fence as a protection between it and the pond, to secure these children from danger. The court (the Lord Justice Clerk, Lord Young, Lord Trayner, and Lord Moncrieff) dismissed the action, saying that the defendant was not bound to contemplate that anyone would climb on to the top of the pile; that if the accident had happened to a grown-up person, or a child of ten years old, the case would not admit of a shadow of doubt. Few persons will question the soundness of this decision, though it is not easy to extract a definite rule from the number of cases in the reports concerning the liability for accidents to children. Many of these cases relate to accidents from driving in the streets. There is natural regret when young children at play are maimed or crippled, and there is often a strong disposition to throw the blame of what has happened to them on the drivers of vehicles, who are accused of reckless cruelty. But there are, of course, two sides to the question. The difficulty of conducting traffic through the crowded streets of a town is enormously increased by the presence of young children, who hurry across the road when they are least expected, and look at every object except the carriage which is approaching them. In a case decided nearly forty years ago (Abbott v. Mactie, 2 H. & C. 744), where a child jamping on the defendant's shutter which he had placed against a wall in the street was injured, the court of exchequer said that the fact of the plaintiff being of tender years made no difference, for his touching the shutter was for no lawful purpose; and an American judge, in a case decided some years afterwards, said that it ill became the father, who had placed his child amid scenes of danger, to allege that it was of such tender years or feeble mind as to be unable to understand the danger or to avoid it. But these opinions seem, with the lapse of time, to have been modified. A workman, living in a large town, and engaged in his employment at a distance from his home, could not be expected to prevent his young children from playing in the street, and the mother might at the same time be disabled by illness. It was felt that the existence of children in crowded thoroughfares must be recognized, and that in certain circumstances they were entitled to special care and consideration. Any one who drove sharply down a lane which he knew, was used by young children as a playground, would bave less excuse than one who drove sharply towards a group of roughs blocking up the road, knowing that this was the only means of making them give way. In America, where young children throng the streets, and accidents from passing carriages are numerous, it has become the practice to leave the question of negligence to the jury, even where there could be no doubt that a grown-up person would have escaped injury. In England some of such cases would no doubt be removed from the consideration of the jury, on the ground that there was no affirmative evidence that the defendant had not used reasonable skill and care. The legislature bas of late done something for the protection of children, and we may hope that it may some day provide for their safety on the public highways.-Solicitor's Journal. HUMORS OF THE LAW. A LAWYER'S SPRING POEM. Whereas, on certain boughs and sprays. The memory of our youthful hours, Love 'mid the aforesaid boughs inshrines O busiest term of Cupid's court, Where tender plaintiffs actions bring, Hail, as aforesaid, coming spring! A story is told of an Illinois attorney who argued to the court one after another of a series of very weak points, none of which seemed to the court to have any merit, until the court finally said: "Mr., do you think there is anything in these points?" to which the attorney answered: "Well, judge, perhaps there isn't much in any one of them alone, but I didn't know but your honor would kind of bunch 'em." A lawyer once asked the late Judge Pickens, of Alabama, to charge the jury that "it is better that ninety and nine guilty men should escape than that one innocent man should be punished." "Yes," said the witty judge, I will give that charge; but, in the cpinion of the court the ninety and nine guilty men have already escaped in this county." Not long ago Judge Dickey, of the supreme court, who hails from Newburgh, was holding court in Brooklyn, says the New York Times. The lawyer for the defendant in the case before him occupied the time of the court by asking practically the same question over and over again, Judge Dickey called his at tention to this fact once or twice, and finally became provoked and said to the lawyer: "You have gone over that ground time and time again, counselor. Your question suggests 'crabs' to me-they always go sideways and do not get aheadand I do not like crabs." The lawyer pleasantly replied: "Well, I am sorry that your honor does not like crabs; and I most respectfully differ with you in that respect, as well as others. For my part, I like crabs, but I do not like lobsters, especially lobsters a la Newburgh!" Students in law schools, especially the larger ones, where the greater number gives unusual courage to the more daring, are always delighted when they suc ceed in getting a drive on their professors; and they rarely miss a good chance. One of our correspond. ents relates an interesting anecdote of Prof. Jerome C. Knowlton, of the University of Michigan law school. Prof. Knowlton is familiarly known to every alumnus during his day, and every undergraduate as "Jerry," and has endeared himself to a host of admirers by his proverbial willingness to good. humoredly tell an amusing story on occasion, or to give or take a drive. On a certain day during a lecture by Professor Knowlton on Criminal Law, he related, to illustrate a point, the facts in a case in which a defendant charged with murder had, in t drunken frenzy, thrown a lamp at his mother-in law. The missle, however, flew wide of the mark, struck the man's wife on the head and killed her. A brigha youth on the back seat sung out, at the conclusion of the statement of facts: "Professor, if the lamp had struck the mother in-law and killed her, would it have been justifiable homicide?" IOWA, 2, 7, 27, 30, 31, 37, 43, 59, 69, 72, 78, 82, 88, 99, 102, 109, 110, 113, 114, 120, 141 KANSAS, 9, 12, 16. 33, 119, 122, 124, 127, 128, 130, 131, 133, 136 .26. 32, 42, 95 MARYLAND......... ...36, 66, 74, 105, 107, 148 MICHIGAN........13, 23, 38, 63, 64, 77, 80, 98, 108, 111, 116, 145 MINNESOTA......... . 29, 56, 81 MISSISSIPPI........ ...20 NEW JERSEY.......4, 19, 53, 57, 65, 70, 76, 90, 91, 94, 101, 129 RHODE ISLAND.............. .5, 100, 108, 140 8. 126 .................................. 34, 54, 73, 142 chaser at execution sale, he can, for purposes of prescription, tack his vendor's possession to his own.Gauthier v. Cason, La., 31 South. Rep. 386. 4. ALTERATION OF INSTRUMENTS - Filling Blanks.Defense of fraudulent alteration by filling in blanks negligently left by maker of non-negotiable instrument held not available in an action thereon by as. signee.-C. R. Smith & Co. v. Holzhauer, N. J., 50 Atl. Rep. 683. 5. APPEAL And Error-Clerk's Laches in Transmitting Record. The clerk's laches in transmitting tran scripts of appeals to the supreme court will not excuse the laches of an appellant in failing to see that the transcript was in fact sent up in proper time.-Fain v. Southern Ry. Co., N. Car., 40 S. E. Rep. 818. 6. APPEAL AND ERROR-Direct Appeal on Special Is. sue. A direct appeal to the supreme court on the special issue of the legality of a tax does not prevent the parties from contesting in some other appellate court the issues involved, if the case is otherwise ap. pealable.-State v. Tolman, La., 81 Sonth. Rep. 320. 7. APPEAL AND ERROR-Failure to File Brief.- Where no argument or brief is filed 30 days before an appeal is assigned for hearing, appellee's motion to have the cause submitted on the record as it appears should be granted.-Backus v. Lawbaugh, Iowa, 89 N. W. Rep. 26. 8. APPEAL AND ERROR-Motions and Proceedings.— Motions and proceedings not part of the record can be presented for review only by case-made or bill of exceptions embracing them in the transcript.-Menten v. Shuttee, Okla., 67 Pac. Rep. 478. 9. APPEAL And Error-Presumption as to Term.In absence of showing in record, it will be presumed, in support of judgment and ruling on motion for new trial, that such motion was not made at term at which verdict was rendered.-Guernsey v. Fulmer, Kan., 67 Pac. Rep. 453. 11. APPEAL AND ERROR-Submission of Record Without Exceptions.-Where a cause is submitted on ab. stracts of the record, without any exceptions thereto, and they do not contain any assignments of error, the cause will be dismissed.-Gale v. Anderson, Fla., 31 South. Rep. 350. 12. APPEARANCE-Divorce.-A defendant in an action for divorce, alimony, and custody of children, entering an appearance to contest the right to the custody of the children, enters a general appearance.-Abercrombie v. Abercrombie, Kan., 67 Pac. Rep. 539. 13. ARBITRATION AND AWARD- Setting Aside.-In a suit to set aside an arbitrator's award of a fire insur. ance loss, all the insurance companies who were parties to the arbitration agreement are necessary parties.-Michels v. Western Underwriters' Assn., Mich., 89 N. W. Rep. 56. 14. ARBEST-Misdemeanor.-A police officer cannot arrest for a misdemeanor, without a warrant, on his own suspicion or hearsay.-l'eople v. Glennon, 74 N. Y. Supp. 794. 15. ASSAULT AND BATTERY - What Constitutes.-An instruction that if certain persons assaulted another, and either one of them was armed with a deadly weapon, and either one of them assaulted such other person with the weapon, then the others are guilty, held erroneous.-Easterlin v. State, Fla., 31 South. Rep. 350. 16. ASSIGNMENT-Real Party in Interest.-An assignee of an itemized verified account is not the real party in interest, and cannot sue thereon in his own name, where by an oral agreement he had agreed to pay the full amount, when collected, to his assignor. -Stewart v. Price, Kan., 67 Pac. Rep. 553. 17. ATTACHMENT-Jurisdiction.-Under Code §§ 524, 526, 4205, the court of one county acquires no jurisdic. tion of a suit against a non-resident, commenced by attachment by the levy on defendant's property in another county.-Kress v. Porter, Ala., 31 South. Rep. 377. 18. ATTORNEY AND CLIENT Disbarment.-An attor. ney, against whom charges are made with a view to his disbarment, is not entitled to be present at the sittings of the commission, created by a rule of the supreme court, at which such charges are being investi. gated.-State v. Fourchy, La., 31 South. Rep. 325. 19. ATTORNEY AND CLIENT - Lien on Will.-An attor. ney who drew a will and performed other services for the testator has not the right to retain possession of such will until his bill for such services is paid.-In re Bracher's Will, N. J., 51 Atl: Rep. 63. 20. BANKRUPTCY - Claimant of Property Attached.Claimant of property attached as belonging to a bank. rupt held not entitled to have the property delivered to him and the attachment discharged on motion in the attachment proceedings.-New Orleans Acid & Fertilizer Co. v. Grissom, Miss., 31 South. Rep. 336. 21. BANKS AND BANKING-Payment of Interest.-A charge that a savings bank, if it did pay interest to its depositors, could agree at what time it would pay in. terest and in what amounts, was proper.-Dottenheim V. Union Sav. Bank & Trust Co., Ga., 40 S. E. Rep. 825. 22. BANKS AND BANKING Unauthorized Acts of Cashier.-A corporation held not bound by the unauthorized act of its cashier in accepting a deed, în settlement of a claim, executed to the cashier in his individual name.-H. J. Mohlman Co. v. Reikers, 74 N. Y. Supp. 848. 23. BENEFICIAL ASSOCIATIONS-Suspension.-Member of mutual benefit association held not liable to suspension because of non-payment of dues for a month, during part of which he was entitled to sick benefits.Albrecht v. People's Life & Annuity Assn., Mich., 89 N. W. Rep. 44. 24. BIGAMY-Honest Belief in Validity of Divorce.Where a defendant, prosecuted for bigamy, undertakes to show that he contracted the second marriage in the honest belief that the first had been dissolved by a decree of divorce, the burden is on him to show reasonable grounds for such belief, and that he did so believe.-State v. Cain, La., 31 South. Rep. 300. 25. BILLS AND NOTES-Attorneys' Fees.-A declara. tion alleged the making of a note providing for attor. ney's fees at maturity, and that one T and the defendants guarantied the note, is not demurrable on the ground that it charges liability on the part of all the defendants for attorney's fees, but shows on its face that only the maker of the note was liable therefor.Little v. Bradley, Fla., 31 South. Rep. 342. 26. BILLS AND NOTES-Illegal Consideration.-Where defense to note is that it was for an illegal consideration, of which indorsee has notice, if defendant proves either fact, burden is on plaintiff to show that he is a bona fide holder without notice.-Wing v. Martel, Me., 50 Atl. Rep. 705. 27. BILLS AND NOTES-Right of Receiver of a Bank.A receiver of a bank, who has possession of a note executed in favor of a third person, held entitled thereto as against the latter's administrator, even though the note is not indorsed.-Dickerson v. Cass County Bank, Iowa, 89 N. W. Rep. 15. that it is one of a series of bonds secured by a mort. gage to a trustee, it puts a purchaser thereof on inquiry as to all the powers of the trustee on foreclosure.-Grant v. Winona & S. W. Ry. Co., Minn., 89 N. W. Rep. 16. 30. BOUNDARIES-Sufficiency.-Where, in an action to settle a disputed boundary, the location of a section corner by commissioner held sufficient for the purposes of the action, though he cannot fix it so as to be binding on the parties interested in such corner who are not parties to the action.-Newton v. Temple. man, Iowa, 89 N. W. Rep. 24. 31. CARRIERS-Condition of Track. Under complaint for negligently running car, so as by a lurch thereof to throw plaintiff out, evidence of condition of track and rails is admissible.-Fitch v. Mason City & Clear Lake Traction Co., Iowa, 89 N. W. Rep. 33. 32. CHATTEL MORTGAGES-Crops.-Though crops not in existence when a lease was made were not subject to mortgage at common law, a mortgage of them was valid as an executory agreement or equitable mortgage.-Kelley v. Goodwin, Me., 50 Atl. Rep. 711. 33. CHATTEL MORTGAGES-Foreclosure.- Foreclosure of chattel mortgage extinguishes it, so that subsequent sale of note secured does not carry mortgage with it. Ross v. Aber, Kan., 67 Pac. Rep. 457. 34. CONFLICT OF LAWS-Contracts.-A recovery cannot be had in Rhode Island on a note executed in Massachusetts, which is legal and valid under the laws of the latter state, when it is contrary to the public policy of the former state.-Winward v. Lincoln, R. I., 51 Atl. Rep. 106. 36. CONTRACT-Prevention by Other Party.-Where a contractor, after part performance, is prevented by the other party from completing the work, he may either treat the contract as still in existence and sue for its breach, or as rescinded and sue in assumpsit for what he has done.-North v. Mallory, Md., 51 Atl. Rep. 89. 37. CORPORATIONS- Authority of President. - The question as to the authority of the president of a corporation to contract depending on the construction of the articles of incorporation and not on evidence of custom, is for the court. Groeltz v. Armstrong Real Estate Co., Iowa, 89 N. W. Rep. 21. 38. CORPORATIONS Effect of Transfer of Stock on Books of Company.-Where, pursuant to negotiations for a trade of bank stock for land, the stock is transferred on the books of the bank before the trade is consummated, such transfer is not conclusive, but only prima facie evidence of ownership.-May v. McQuillan, Mich., 89 S. W. Rep. 45. 39. CORPORATIONS - Enjoining Voting of Proxies.Where a majority of stockholders issued under an agreement proxies to two persons to vote stock as they might deem best, on the failure of the holders to agree, equity would not enjoin one of the stockholders from voting his stock.-Sullivan v. Parkes, 74 N. Y. Supp. 787. 40. CORPORATIONS - Forfeiture.-To warrant forfeiture of corporation's charter, there must have been ultra vires acts, willful and continued, and relating to some franchise granted.-State v. Southern Building & Loan Assn., Ala., 31 South. Rep. 375. 41. CORPORATIONS-Misuse of Franchise.-Where a private corporation, created by a state law, misuses its franchise, and the acts are willful and repeated, they constitute ground for the forfeiture of the franchise.-State v. New Orleans Waterworks Co., La., 31 South. Rep. 395. 42. CORPORATIONS-Personal Liability of Non-Resident Stockholders. Statutory personal liability of non resident stockholders may be enforced extraterritorially in any court of competent jurisdiction, except where the rights of the citizen in the state of the forum are prejudiced or its public policy contra vened.-Childs v. Cleaves, Me., 50 Atl. Rep. 714. 43. COSTS-Apportioning Costs.-Where a defendant tets up a counterclaim, and the jury, being instructed to render a verdict for any difference, return a ver. dict for plaintiff for less than his demand, it is proper to apportion the costs.-Melick v. Lyon, Iowa, 89 N. W. Rep. 33. 44. CRIMINAL LAW-Venue.-A homicide occurring in that portion of B county attached to C county by act of March 5, 1901, on the day of election to determine if such portion of the county shall be transferred to C county, and before the polls were closed, is within the jurisdiction of B county. - Jackson v. State, Ala., 31 South. Rep. 380. 46. CRIMINAL TRIAL · Continuance. Refusal of a continuance for an absent witness is not erroneous, where the affidavit fails to state that the applicant expects to procure said testimony at the next term.Easterlin v. State, Fla,, 31 South. Rep. 350. 47. CRIMINAL TRIAL-Order of Further Investigation by Grand Jury.-Where the court, no indictment having been found against a defendant, enters an order of continuance for further investigation by the grand jury, the life of the mittimus is preserved, and the defendant can properly be detained thereunder.-Young v. State, Ala., 31 South. Rep. 373. 48. DEATH.-Damages for Boy's Death.-Verdict for $200 for death of boy six years old held grossly inadequate.-Gubbitosi v. Rothchilds, 74 N. Y. Supp. 775. 49. DEATH-Damages for Death of Child.-Verdict for $300 for death of child held inadequate.-Willen v. Metropolitan St. Ry., 74 N. Y. Supp. 774. 50. DESCENT AND DISTRIBUTION - Contracts Binding Heir.-An heir at law, claiming to inherit realty, is bound by a valid contract made by his ancestor while in life.-Oliver v. Powell, Ga., 40 S. E. Rep. 826. 52. DISCOVERY Examination Right to Before Trial. Right of plaintiff to an examination before trial held not lost by laches, if the motion for an examination is made in reasonable time before trial.Haebler v. Hubbard, 74 N. Y. Supp. 982. 53. DIVORCE - Permanent Alimony. Where it ap pears, on decree for complainant in divorce, that she is in good health; and supporting herself, in the absence of any reason showing why permanent alimony should be allowed, an order for the same will not be made.-Abele v. Abele, N. J., 50 Atl. Rep. 686. 54. DOWER-Out of a Remainder Expectant.-A wife held not dowable out of lands in which her husband had no estate other than a remainder expectant on the determination of the life cstate. Sammis v. Sammis, R. I., 51 Atl. Rep. 105. 55. ELECTRICITY-Effect of Giving Free Pass to Lineman.-A pass issued by an elevated railroad company to a telegraph lineman, entitling him to free passage through defendant's station and onto its structure, upon condition that he assumed risk of all accidents occurring thereon, held not to debar such lineman from recoving for injury received while on such structure.-Wagner v. Brooklyn Heights R. Co., 74 N. Y. Supp. 809. 56. EMINENT DOMAIN Date of Title Acquired. Where an appeal is taken from an award in condemnation, and judgment is entered for damages to the owner and granting the land to the railroad company, the title thus acquired dates from the date of the filling of the award.-State v. Chicago, St. P., M. & O. Ry. .Co., Minn., 89 N. W. Rep. 1. 57. EVIDENCE-Exemplifying Surrogate's Records.Surrogate may exemplify the records of his office under act of congress, making necessary certification as judge and clerk.-Steele v. Queen, N. J., 50 Atl. Rep. 668. 58. EVIDENCE-Failure to Produce Necessary Books. -Where a private corporation fails, in proceeding to forfeit its charter for excessive charges, to account for certain books, it must be held guilty of negligence, and can derive no advantage from their loss.-State v. New Orleans Waterworks Co., La., 31 South. Rep. 395. 59. EVIDENCE Portions of Lettter as Evidence. -Where portions of a letter offered in evidence are admissible, a general objection to the entire letter does not authorize its exclusion.-Perin v. Cathcart, Iowa, 89 N. W. Rep. 12. 60. EXECUTION-Lien of Levy Lost.-Where a constable, after levy on goods, returns the execution, without selling, and a term elapses without the issue of an alias execution, the lien of the levy is lost, under Code, §§ 1892, 2666.-Chaney v. Buford Lumber Co., Ala., 31 South. Rep. 369. 61. EXECUTION-Owner's Possession After Levy.Where property is seized by the sheriff in execution, the owner's possession is broken, and, on delivery to purchaser at the subsequent judicial sale, he stands as a third person to the property.-Gauthier v. Cason, La., 31 South. Rep. 386. were 63. EXECUTORS AND ADMINISTRATORS-Payment of Claims not Proved.-Where an administratrix bas paid valid mortgages, which not proved as debts, she should be allowed credit for the amounts so paid in her final account.-Russell v. Wheeler, Mich., 88 N. W. Rep. 73. 64. EXTRADITION — Brought into State on Federal Charge.-Party arrested on a federal charge and transferred to another state held not entitled to return to the state where he was originally arrested, on being delivered by the federal authorities to the state au. thorities to be tried for an offense against the laws of the state. In re Little, Mich., 89 N. W. Rep. 38. 65. EXTRADITION-Finding of Governor.-Finding by governor that person demanded in extradition was a fugative from justice held to justify defendant's apprehension and removal, in the absence of contrary proof.-Katyuga v. Cosgrove, N. J., 50 Atl. Rep. 679. 66. FOOD-Sale of Oleomargarine.-Under Code Md. art. 27, § 90, an indictment charging defendant with selling oleomargarine to a person who asked for but. ter need not allege that the oleomargarine was "fraud. dulently" sold.-Fox v. State, Md., 50 Atl. Rep. 700. 67. FRAUD-As to Value of Corporate Stock.-Representations of a director and stockholder of a corporation as to the value of stock exchanged by him for real estate held statements of fact sufficient to afford a basis for an action of deceit.-Shelton v. Healy, Conn., 50 Atl. Rep. 742. 68. FRAUD-In Sale of Corporate Stock.-The fact that a person, induced to purchase stock in a corporation by the fraudulent representations of an officer, is afterwards employed by the corporation, cannot relieve such officer from liability.- Mahoney v. O'Neill, 74 N. Y. Supp. 918. 69. FRAUDS, STATUTE CF-To Pay for Building Material. A verbal promise, made by one who had employed a contractor to build a house, to pay for the material ordered by the contractor, held not within the statute of frauds.-Cedar Valley Mfg. Co. v. Starbard, Iowa, 89 N. W. Rep. 14. 70. FRAUDULENT CONVEYANCES As Against Subsequent Creditors.-A conveyance by a debtor to a member of his family, tainted with actual fraud against his creditors and not accompanied by an open and notorious change of possession, is fraudulent under or dinary circumstances as against sul sequent, as well as existing, creditors.--Perrine v. Perrine, N. J., 50 Atl. Rep. 694. 71. FRAUDULENT CONVEYANCES Giving Demand Note and Mortgage. The giving of a demand note and chattel mortgage by a debtor to one whom he is indebted he'd to involve no question of unlawful preference. - New York County Nat. Bank v. American Surety Co., 74 N. Y. Supp. 692. 72. FRAUDULENT CONVEYANCES-Mortgaged Property in Trust.-A mortgagee in foreclosure cannot defeat the claims of creditors of the mortgagor, who contend that the mortgage is in fraud of their rights, by showing that the mortgagor holds the property in trust. Kelliher v. Sutton, Iowa, 89 N. W. Rep. 26. 73. GAMING Purchase of Stock on Margins.-A purchase of stock on margins, which contemplates the actual delivery of the stock and the full payment of the price, if demand is made therefor, is a bona fide pur. chase thereof, and not invalid as a wager contract; and the indebtedness arising therefor is a valid consideration for a note.-Winward v. Lincoln, R. I., 51 Atl. Rep. 106. 74. GARNISHMENT - Fund in Payment of Spoliation Claim. A fund awarded to and in possession of an ad. ministrator in payment of French spoliation claim, as authorized by 30 Stat. 1191, and to be distributed to certain beneficiaries, held not subject to garnishment for the debts of the beneficiaries. - Thurston v. Wilmer, Md., 51 Atl. Rep. 96. 75. G FIS-Delivery of Gift Inter Vivos.-A gift inter vivos of shares of capital stock is invalid, unless accompanied by actual or constructive delivery, or evi. denced by an assignment in writing. - Kernochan v. Russell, 74 N. Y. Supp. 841. 75. GIFTS-Saving Bank Deposit-A gift of a savings bank deposit is none the less a gift because a power of revocation is retained by the donor in his lifetime and enjoyment is postponed until his death. Dunn v. Hough:on, N. J., 51 Atl. Rep. 71. 77. GIFTS-Tenants in Common.-The fact that the recipients of a gift of a mortgage are tenants in com. mon with the mortgagor in the mortgaged property does not invalidate the gift or prevent the enforcement of the mortgage by such assignees.- Holmes v. Holmes, Mich., 89 N. W. Rep. 47. 78. HIGHWAYS-Assessment. -The statute authoriz. ing an assessment for street improvements in accord. ance with the front-foot rule, and without regard to special benefits, is not unconstitutional. -Ft. Dodge Electric Light & Power Co. v. City of Ft. Dodge, Iowa, 89 N. W. Rep. 7. 79. HUSBAND AND WIFE-Act of Purchase.-When a wife buys property with her separate funds, the act of purchase need not recite that she is buying with her separate funds and for her sole account.-Succession of Burke, La., 31 South. Rep. 391. 82. INDEMNITY Offer of Employee to Account.Where there is evidence, in an action on an agent's bond, of a breach by a refusal to account, it is not error to exclude evidence that the agent afterwards offerd to account.-Dr. Blair Medical Co. v. United States Fidelity & Guaranty Co., Iowa, 89 N. W. Rep. 20. 83. INFANTS-Next Friend.-A married woman being improperly made next friend in an action by an infant, petition may be amended by substituting another s next friend.-Savage v. Smith, Ala., 31 South. Rep. 374. 84. I SURANCE Validity of Acts Providing for Serv. ice on Representatives.-A statute providing that those who represent insurance companies within the limits of a state shall be considered agents upon whom service of process may be made violates no provision of the constitution of the United States.-Milwaukee Trust Co. v. Germania Ins. Co., La., 31 South. Rep. 298. 85. INTERPLEADER - Another Claimant.-A bona fide indorsee of a note does not waive any rights by consenting that one who claims to own the debt which the note was given to satisfy may interplead in his action to collect the note.-McCormick v. Warren, Conn., 50 Atl. Rep. 740. 87. INTOXICATING LIQUORS — Selling to Separate Parties as Separate Offenses.-A conviction for selling beer to B held not a bar to a prosecution for selling on the same day whisky to A.-State v. Heard, La., 31 South. Rep. 384. 88. INTOXICATING LIQUORS-Wife's Damages.- Where condition of husband is caused by intoxicating liquors sold by several persons, one is not liable for all the wife's damages therefrom.-Bellison v. Apland, Iowa, 89 N. W. Rep. 22. 89. JURY-Challenges.-Jurors residing in a portion of a county which had been attached to another county before they are drawn and summoned as jurors are disqualified and subject to challenge for cause.Jackson v. State, Ala., 31 South. Rep. 380. 90. JURY-Suit for Penalty.-It is error, in a suit for penalty under act regulating practice of pharmacy, to refuse a trial by jury.- Harman v. Board of Pharmacy, N. J., 50 Atl. Rep. 662. 91. JUSTICES OF THE PEACE-Jurisdiction.-Where justice, when defendant is entitled to jury trial, refuses it, he is thereafter without jurisdiction.- Harman v. Board of Pharmacy. N. J., 50 Atl. Rep. 662. 92. LANDLORD AND TENANT Damage from Leaks.Where a tenant left his goods in a building after knowledge that the roof was leaky, he cannot recover of his landlord for damages by water.-Klausner v. Herter, 74 N. Y. Supp. 924. 93. LANDLORD AND TENANT-Eviction from Landlord's Fumigating.-A landlord's fumigating, repapering, and repainting, under order of the board of health, the apartments of a tenant having the smallpox, is not an eviction of the tenant.-Beakes v. Haas, 74 N. Y. Supp. 843. Farm on 94. LANDLORD AND TENANT- Lease of Shares. A contract with the owner of a farm to cult!vate the farm for a certain period for a certain share of the crop does not create the relation of landlord |