special partner liable only to the amount of the capital invested by him, and article 3 is entitled "Limited Partnership." Section 36 provides that the general partner "in such partnership" shall be jointly and severally liable as general partners are by law, and that special partners shall not be liable be yond the fund contributed by them to the capital. Held, that section 6 of the partnership law is confined to limited partnerships, and does not make the partners of a general firm jointly and severally liable to the firm creditors, and hence the representative of a deceased partner could not be substituted for him in an action for firm debts. Selig man v. Friedlander, 92 N. E. 1047, 1049, 199 N. Y. 373. LIMITED PERIOD While the Legislature can authorize the assignment of a homestead upon the granting of a divorce to either party absolutely, whether such homestead is carved out of the separate property of one or selected from the community, yet, under Civ. Code, § 146, subd. 4, which limits the right of such party in a homestead selected from the separate property of the other to its enjoyment "for a limited period," there may be enjoyment or occupation by the innocent party for a long period of years, even during the life of such party, but it does not mean that the court has the power of vesting the homestead absolutely in such party unless he is the former owner of property from which the homestead was selected. Zanone v. Sprague, 116 Pac. 989, 991, 16 Cal. App. 333. LIMITED PUBLICATION A "limited publication" is one which communicates market quotations to a select few on condition expressly or impliedly precludIng their rightful ulterior communication, except in restricted private intercourse. Chamber of Commerce of Minneapolis v. Wells, 111 N. W. 157, 159, 100 Minn. 205 (quoting and adopting definition in Keene v. Wheatley, 14 Fed. Cas. 180). LIMITED TERM See Fixed and Limited Term. LINE See Back Line; Building Line; Center In a deed granting by metes and bounds a small parcel of land out of the northeastern corner of a large tract known to contain coal, and also the privilege, should the grantee, "his heirs, or assigns, open a coal mine on said (granted) tract of land, of undermining southward beyond the lines of said tract of said land, so far as not to injure the tract of land of which this was a part, and now taken from," the word "lines" strongly imported an intention to make a larger grant than that of the coal lying immediately south. Higgins v. Round Bottom Coal & Coke Co., 59 S. E. 1064, 1068, 63 W. Va. 218. The St. Louis city charter, which authorizes the assembly to establish "a building line" along boulevards, does not prevent the assembly from establishing different building lines along the same boulevard; the word "line," as used in the charter, meaning a mark of division or demarkation, an outline straight line. City of St. Louis v. Handlan, or contour, a limit or boundary, and not a 145 S. W. 421, 423, 242 Mo. 88. In printing "The word 'line' is not a technical term, but one in common use, and having, in common usage, when applied to printing matter, a well-known signification. It then means a row of words, letters, or figures printed across a page or column, without regard to the size of the type," and it has this meaning in act approved April 14, 1891 (2 Gen. St. p. 2325), enacted to regulate the price of legal advertising. Sheehey v. Hoboken, 40 Atl. 626, 627, 62 N. J. Law 184 (quoting and adopting Maillard v. Lawrence, 16 How. 251, 261, 14 L. Ed. 925; Daly v. Ely, 31 Atl. 396, 53 N. J. Eq. 270). In surveying That the description of a survey called for the marked "line" of another survey between designated points which was not a straight line but consisted of four lines and three marked corners was immaterial; the word "line" being often used for the plural, and vice versa, and the singular being also sufficient to describe the exterior boundary of the survey line called for between the designated points. Bell v. Powers (Ky.) 121 S. W. 991, 993. LINE OF DESCENT The "line of descent" is the course that property takes according to law when the owner dies. Under Domestic Relations Law (Laws 1896, p. 226, c. 272, § 64), providing that the foster parent and the minor sustain toward each other the legal relation of parent and child with all the rights and subject to all the duties of that relation, including the right of inheritance from each other, a son of an adopted daughter of a testator, is a "lineal descendant" within Tax Law 1896 (Laws 1896, p. 869, c. 908, § 221), providing that the transfer of property from a decedent to any lineal descendant shall not be taxable under the transfer tax law, etc. In re Cook's Estate, 79 N. E. 991, 994, 187 N. Y. 253. LINE OF DUTY Laws 1903, p. 102, c. 41, authorizing a pension to the widow and children of a policeman on his death "while in the line of duty," does not authorize a pension where a policeman while at his place of duty committed suicide because of insanity, where there was no showing that the insanity was the result of the performance of his duty. A policeman would be in the line of his duty while walking upon his beat or while going to any point where his duty called him, but if he should meet a person against whom he held a grudge, and without provocation or cause he should assault him, and in self-defense such person should take his life, it could not in reason be said that he came to his death while in the line of his duty. Again, a policeman's duty might call him to where intoxicating liquors are sold to be drunk as a beverage, and while there he would partake of such liquors until he became intoxicated, and while in that condition go upon the street and get killed as a direct result of his intoxication, it would be travesty to say that his death resulted from the performance of a duty enjoined upon him, or that he was killed in the line of his duty." In either event his death would not be the result of his being a policeman, or the result of his attempting to discharge any duty as such. Hutchens v. Covert, 78 N. E. 1061, 1062, 39 Ind. App. 382. LINE OF RAILROAD The term "line" in the general railroad act declaring that the directors of every company formed under the act may, by a vote of two-thirds of their whole number, at any time, alter or change the route, if it shall appear to them that the line can be improved, means the same as "route." By "line" is not meant the organization of the several particulars taken together, which, when used for the active affairs of the company might colloquially be termed the "line," but it is that specific thing which, taken by itself, even before the company goes into active operation, is called its "line" or "route." Webb v. Forty-Second St., M. & St. N. Ave. Ry. Co., 102 N. Y. Supp. 762, 767, 52 Misc. Rep. 46. "Two carriers may use the same road, but each has its separate 'line.' The defendant may lease trackage rights to any other company, but the joint use of the same track does not create the 'same line,' so as to compel either company to graduate its tariffs by that of the other." A joint traffic arrangement by which connecting carriers haul from a point on one road to a point on the other road for less than the first carrier charges from the same point on its road to its terminus between the points is not in violation of Ky. St. § 820, making it an offense for a carrier to charge more for hauling for a shorter distance than for a longer distance over the same line in the 3 WDS.& P.2D SER.-10 same direction; the expression "over the same line" not including a shipment passing Commonin part over the line of each. wealth v. Chesapeake & O. R. Co., 72 S. W, 361, 363, 115 Ky. 57 (quoting and adopting Chicago & N. W. R. Co. v. Osborne, 52 Fed. 912, 3 C. C. A. 347). As used in Rev. St. 1883, c. 6, § 42, as amended by Pub. Laws 1901, p. 160, c. 145, relating to taxation, the word "railroad" comprehends the equipment, roadbed, sites of depots and warehouses and other real estate, and the words "line or system" cannot be disconnected from it, and mean in this connection a railroad operated as a part of a line or system extending beyond the state. State v. Canadian Pac. R. Co., 60 Atl. 901, 902, 100 Me. 202. The word "shaft," as used in connection with or applied to factories, is a revolving bar to convey the force which is generated by some prime mover to the different working machines, and a "line or main shaft" is a bar of considerable length, and usually bearing a number of pulleys by which power is trans mitted to countershafts. Hohenstein-Harmetz Furniture Co. v. Matthews, 92 N. E. 196, 199, 46 Ind. App. 616. LINE TREES "Line trees" are "trees standing directly on the boundary between lands of adjoining owners," and are "usually considered common property, which neither may destroy without the consent of the other." Harndon v. Stultz, 100 N. W. 329, 330, 124 Iowa, 440 (citing Musch v. Burkhart, 48 N. W. 1025, 83 Iowa, 301, 12 L. R. A. 484, 32 Am. St. Rep. 305). Under the express provisions of Civ. Code, § 834, "line trees" are those whose trunks stand partly on the land of two or more coterminus owners, and belong to them in common. Scarborough v. Woodill, 93 Pac. 383, 7 Cal. App. 39. Where adjoining owners were co-tenants of certain line trees, neither was at liberty to cut the trees without the consent of the other, if he thereby injured the common | ants," and that, on the termination of the property in the trees. Scarborough v. Woodill, 93 Pac. 383, 7 Cal. App. 39. LINEAL trust estate by the death of the last surviving trustee, the "lineal descendants" of the beneficiaries named should take the body of the fund, and further provided that the beneficiaries should not take any other interest in the grantor's property in the state than that therein granted. Held, that the phrase "lineal descendants" must be taken "Lineal" is that which subsists between persons of whom one is descended in a direct line from the other, as between son, father, grandfather, great-grandfather, and so up-in its technical sense, and the contingenwards in the direct ascending line; or between son, grandson, great-grandson, and so downwards in the direct descending line. State v. De Hart, 33 South. 605, 606, 109 La. 570. The Century Dictionary defines "lineal" as "proceeding in a direct or unbroken line; unbroken in course; distinguished from collateral; as lineal descent; lineal succession." Worcester defines "lineal" as in a direct line from an ancestor, pertaining to a direct line of descent, hereditary. In re Cook's Estate, 100 N. Y. Supp. 628, 629, 50 Misc. Rep. 487. LINEAL CONSANGUINITY "Consanguinity" or kindred is the connection or relation of persons descended from the same stock or common ancestor, and is either lineal or collateral; and "lineal consanguinity" is that which subsists between persons of whom one is descended in a direct line from the other. Suman v. Harvey, 79 Atl. 197, 204, 114 Md. 241. LINEAL DESCENDANTS cies on which the corpus of the fund devolved on the issue of the beneficiaries were that all the beneficiaries, as well as all the trustees, should be dead. Parrish v. Mills, 106 S. W. 882, 886, 101 Tex. 276. Adopted child A legally adopted child is a "lineal descendant" of its adopting parents. In re Winchester's Estate, 74 Pac. 10, 140 Cal. 468 (citing Warren v. Prescott, 24 Atl. 948, 84 Me. 483, 17 L. R. A. 435, 30 Am. St. Rep. 370). The Century Dictionary defines the words "lineal descendant" to mean "descended from father to son through successive generations," and "descendant" as "an individual proceeding from an ancestor in any degree; issue, offspring, near or remote." "Lineal" is defined as "proceeding in a direct or unbroken line; unbroken in course; distinguished from collateral; as lineal descent; lineal succession." Worcester defines "descendant" as "the offspring of an ancestor; progeny," and "descent" as "proceeding from an original or progenitor, extraction." A son of an adopted daughter of testator is not a "lineal descendant" within the transfer tax act, so as to exempt his legacy from the transfer tax. Estate, 100 N. Y. Supp. 628, 629, 50 Misc. Rep. 487. In re Cook's A "lineal descendant" is one who is in the line of descent from a certain person, but, since the passage of the domestic relations law, not necessarily in the line of generation. Under Domestic Relations Law (Laws 1896, p. 226, c. 272, § 64), providing that the foster parent and the minor sustain toward each other the legal relation of par Testator devised part of his estate to trustees, to hold equally for the benefit of testator's three children, and to pay to each of them the rents and profits of his or her portion for life, and at his or her death to transfer and convey to his or her "lineal descendants," if any, and, if none, then equally to the survivors of testator's descendants, or to their lineal descendants, if any; that the descendants of any child should have the portion which their parent, if living, would have taken, and, in case of death of all of testator's children without issue, to convey the trust res to testator's heirs at law. Held, that the words "lineal descend-ent and child with all the rights and subants" had the same legal effect as "heirs of the body," and that equitable estates in fee tail were therefore created by the will, with contingent cross-remainders to the survivors or their descendants, if either child died without issue. Paine v. Sackett, 61 Atl. 753, 755, 27 R. I. 300. ject to all the duties of that relation, including the right of inheritance from each other, a son of an adopted daughter of testator is a "lineal descendant" within Tax Law 1896 (Laws 1896, p. 869, c. 908, § 221), providing that the transfer of property from a decedent to any "lineal descendant" shall not be taxable under the transfer tax law, etc. In re Cook's Estate, 79 N. E. 991, 994, 187 N. Y. 253. A trust deed conveying property to trustees during their lives and the life of the survivor of them recited that the grantor wished to provide for the maintenance of the beneficiaries named, directed the trustees to distribute the proceeds among the beneficiaries, provided for the distribution there- LINEAL HEIRS of on the death of one or more of the bene As descendant The words "lineal heirs," like "heirs of ficiaries with or without "lineal descend- the body," mean all lineal descendants to the remotest posterity, and are words of inheritance, and not of purchase, unless the instrument clearly shows they were used in a restricted sense to denote "children." Clark v. Neves, 57 S. E. 614, 615, 76 S. C. 484, 12 L. R. A. (N. S.) 298 (citing Duckett v. Butler, 45 S. E. 137, 67 S. C. 130; Holman v. Wesner, 45 S. E. 206, 67 S. C. 307). The phrase "lineal heirs" is equivalent to the words "legal representative." In re Tuttle's Estate, 59 Atl. 44, 45, 77 Conn. 310 (citing Ketchum v. Corse, 31 Atl. 486, 65 Conn. 89). LINEAL INHERITANCE TAX A tax on the interests of lineal descendants is a lineal inheritance tax, and that on collateral descendants a collateral inheritance tax. In re Macky's Estate, 102 Pac. 1075, 1078, 46 Colo. 79, 23 L. R. A. (N. S.) 1207. LINEAL ISSUE the testimony of the complaining witness to the main fact was direct and the only circumstantial evidence in the case was corroborative, that it was not necessary that every fact and circumstance and every "link" in the chain must be proven beyond a reasonable doubt, but that all the evidence in the case, when considered as a whole, must satisfy the jury beyond a reasonable doubt that defendant was guilty, is used to refer only to evidentiary facts which may add force or weight to other facts from which the inference of guilt may be drawn, and the instruction is not erroneous. People v. Rich, 94 N. W. 375, 378, 133 Mich. 14. LINOLEUM See Granite Linoleum. Plank linoleum, made by running upon the burlap foundation paste of two colors in stripes of equal width, a process differing from that employed in making inlaid linoleum, is, under Tariff Act July 24, 1897, c. 11, § 1, Schedule J, par. 337, 30 Stat. 180, dutiable as "linoleum * figured or plain," rather than as "inlaid linoleum." United States v. Scott & West, 164 Fed. 285, 286. LINSEED OIL ** Laws 1897, p. 403, c. 217, provides that no person or corporation shall manufacture or sell any linseed oil, unless the same answers a chemical test for purity recognized Act Cong. June 13, 1898, c. 448, 30 Stat. 448, as amended by Act March 2, 1901, c. 806, 31 Stat. 938, imposing a succession tax, classified legatees and distributees with reference to their degree of blood relationship to the deceased, and regulated the taxes accordingly. In the first class were placed the lineal issue or lineal ancestor, brother or sister of the decedent; in the second the descendants of a brother or sister; in the third the brother or sister of the father or mother or a descendant; in the fourth class, the brother or sister of the grandfather or grandmother or a descend-in the United States Pharmacopoeia, and deant; and in the fifth all beneficiaries found to be in any other degree of collateral consanguinity, or who may be a stranger in blood to the person dying seised of the property. Held, that an adopted child, though under the laws of the state entitled to all the rights of heirship of a child born in lawful wedlock, was not a "lineal issue" within the first class, but was a stranger in blood within the fifth class. Kerr v. Goldsborough, 150 Fed. 289, 290, 80 C. C. A. 177. LINER A machine known as a "liner," a heavy, hollow, revolving iron roller, filled with steam of high temperature, with a smaller roller above, between which papers were passed by the operator, was not the character of machinery required to be guarded by Burns' Ann. St. 1908, § 8029, requiring employers to guard "all vats, pans, saws, planers, cogs, gearing, belting, shafting, set screws and machinery"; the liner being neither a "vat" nor a "gearing." Jenkins v. Lafayette Box Board & Paper Co., 87 N. E. 992, 993, 43 Ind. App. 463. LINK The word "link," in an instruction on reasonable doubt on a trial for crime where clares that the same shall be sold under its true name and in vessels bearing proper stamps, describing it as pure linseed oil raw or pure linseed oil boiled. Laws 1901, c. 332, amends the act, and provides that no person or corporation shall manufacture linseed oil, unless the same answers to a certain described test. The amendment makes no reference to raw or boiled oil. The words "linseed oil," as used in the amendment, includes both raw and boiled oil. State v. Williams, 100 N. W. 641, 642, 93 Minn. 155. LINT COTTON Acts 1896, p. 172, c. 156, § 16, imposes a tax on all "lint cotton" annually grown in a levee district, etc., and Acts 1904, p. 126, c. 90, § 5, makes it unlawful for any person to remove from the district any "cotton" grown therein without first paying the levee tax thereon, and declares that the levee board may recover from the person wrongfully removing such cotton a certain penalty tax on each bale or hundredweight of “seed cotton" so removed. Held, that the words "lint cotton" in the first act and "cotton" and "seed cotton" in the second act were limited to "lint cotton" ginned by ordinary gins, and did not include "linter" or "Grabbot" cotton obtained by reginning cotton seed and hard locks of cotton and cotton The words "sum liquidated," as used in mixed with hulls, bolls, and other substanc-a. statute providing that no demand shall es which could not be removed by ordinary be set off unless for the price of real or ginning. Mississippi Levee Com'rs v. Ref- personal estate sold or for money paid, monuge Cotton Oil Co., 44 South. 828, 829, 91 ey had and received, or for services done, Miss. 480. unless it be for a sum liquidated or one that may be ascertained by calculation, do not include an unliquidated claim for use and occupation. Hall v. Glidden, 39 Me. 445, 447. LINTER COTTON See Lint Cotton. LIQUEUR Vermuth is not a "wine," "cordial," or "liqueur," within the meaning of Tariff Act July 24, 1897, c. 11, § 1, Schedule H, par. 296, 30 Stat. 174, prohibiting an allowance for the leakage of those three articles. United States v. Julius Wile, Sons & Co., 178 Fed. 269, 270, 101 C. C. A. 574. LIQUID The word "liquidated," in the sense of the rule that payment of a lesser sum is a discharge of the remainder where the amount in dispute is unliquidated, but that it is not a discharge where it is liquidated, means that the amount due has been ascertained and agreed on by the parties or fixed by operation of law. The rule does not apply where there is a bona fide dispute as to the amount actually due. A demand is not liquidated, even, if it appears that something is due, unless it appears how much is due; and when it is admitted that one of two specific sums See Inflammable Liquid; Poisonous Liq- is due, but there is a general dispute as to uid. LIQUID MIXTURE The terms "beverage," "liquid mixture," or "decoction," as used in Ky. St. 1903, § 2557a, making the sale at retail of a beverage, liquid mixture, or decoction which produces intoxication, unlawful in a territory wherein the sale of intoxicating liquor is prohibited, are used interchangeably, each synonymous with the other. Commonwealth v. Jarvis & Williams, 86 S. W. 556, 557, 120 Ky. 334. LIQUIDATE Laws 1907, c. 244, entitled an act "for the liquidation and payment of the claim against the state in full and final settlement of said claim and all other demands," does not indicate any legislative intention to pay a debt or claim which did not exist, as the word "liquidate" is defined to be the act of settling and adjusting debts, or ascertaining the amounts or balance due. Hanly v. Sims, 94 N. E. 401, 403, 175 Ind. 345 (citing 5 Words and Phrases, p. 4130). LIQUIDATED Plaintiff's demand in an action on notes is liquidated, within Rev. St. 1895, art. 754, providing that, if the suit be founded on a certain demand, defendant may not set off unliquidated damages. Wise v. Ferguson (Tex.) 138 S. W. 816, 818. Whether a claim is of a nature connoted by the term "set-off," and whether, as to its liquidated or unliquidated character, capable of being the subject of set-off, is to be determined by applying the test, Will an action of indebitatus assumpsit lie thereon? If so, it is liquidated within the legal meaning of the word "set-off." Links v. Mariowe, 84 Atl. 1056, 1057, 83 N. J. Law, 389. which is the proper amount, the demand is regarded as "unliquidated" within the meaning of the term as applied to, the subject of accord and satisfaction. T. B. Redmond & Co. v. Atlanta & B. Air Line Ry., 58 S. E. 874-876, 129 Ga. 133 (quoting 5 Words and Phrases, p. 4174). A petition which shows that the amount sued for was the price of an article sold by plaintiff to defendant, and which alleges that defendant promised to pay plaintiff the sum sued for, which sum was the agreed value thereof, states a cause of action for a liquidated demand within Sayles' Ann. Civ. St. 1897, arts. 754, 755, providing that, where a suit is founded on a certain demand, an unliquidated demand cannot be set off unless it is connected with the cause of action, and defendant cannot set up as a counterclaim a demand for unliquidated damages for breach of warranty in the sale of the other goods, the word "liquidated" meaning adjusted, certain, or settled in respect to the amount; a debt being liquidated when the amount is agreed on by the parties, or fixed by the operation of law. Brooks Tire Mach. Co. v. Shields, 108 S. W. 1005, 1006, 48 Tex. Civ. App. 531. A claim is a "liquidated claim" where the amount due is fixed by law or has been ascertained and fixed by the parties. Scarritt Estate Co. v. J. F. Schmelzer & Sons Arms Co., 86 S. W. 489, 491, 110 Mo. App. 406 (citing Bouv. Law Dict.; Chicago, R. I. & P. R. Co. v. Mills, 69 Pac. 317, 18 Colo. App. 8; Commercial Union Assur. Co. of London v. Meyer, 29 S. W. 93, 9 Tex. Civ. App. 7; Mitchell v. Addison, 20 Ga. 50; Kennedy v. Queens County, 62 N. Y. Supp. 276, 47 App. Div. 250). "A demand is not 'liquidated,' even if it appears that something was due, unless it appears how much was due." The courts |