phy v. Penniman, 66 Atl. 282, 287, 105 Md. create a preferential claim. 452, 121 Am. St. Rep. 583. Bailment distinguished Deposit State ex rel. Carroll v. Corning State Sav. Bank, 115 N. W. 937, 940, 139 Iowa, 338. A deposit of moneys belonging to an insurance corporation in a bank, returnable on demand in accordance with certificates of de posit issued at the time, is not a "loan," withInsurance Law (Consol. Laws 1909, c. 28) 36. People v. Thomas, 130 N. Y. Supp. 246, 249, 71 Misc. Rep. 339. The deposit of a national bank constitutes "loans" to it and confers on the deposit-in tor a mere chose in action. State v. Clement Nat. Bank, 78 Atl. 944, 950, 84 Vt. 167, Ann. Cas. 1912D, 22. The transaction between a depositor and the bank is really a "loan" of money and not a deposit, in the strict legal sense of the term. Schippers v. Kempkes (N. J.) 67 Atl. 1042, 1043. An ordinary deposit of money in a bank is not a "loan" of the money to the bank. Elliott v. Capital City State Bank, 103 N. W. 777, 778, 128 Iowa, 275, 1 L. R. A. (N. S.) 1130, 111 Am. St. Rep. 198. A "deposit" in a bank is a "loan" payable on demand, and the depositor may not, as a general rule, maintain an action for his deposit until he has first made a demand for its payment. Pratt v. Union Nat. Bank, 75 Atl. 313, 314, 79 N. J. Law, 117. A national bank had through an employé deposited money with a savings bank, and subsequently, upon a request for more money, the national bank wrote, offering to deposit more money, but refusing to make a loan. In response, it received a certificate of deposit with a letter, asking that it be placed to the credit of the savings bank. The certificate was issued to L., the president, of the savings bank, and was by him indorsed to A., an employé of the national bank, who, in turn, indorsed it to the bank, which gave credit on its books to the savings bank for the amount of the certificate. The certicate was marked "Paid," taken up, and renewal certificates issued from time to time in the same way. After failure of the savings bank, recovery was sought on the last certifi- | cate, which was issued directly to A., and signed by the cashier of the savings bank. Held, that the transaction was a "loan" and not a "deposit," and hence did not create a preferential claim. State v. Corning State Sav. Bank, 113 N. W. 500, 503, 136 Iowa, 79. A bank wrote to its correspondent that $30,000 worth of bonds had been allotted to it, and that it would have to take up and carry about $15,000 of old bonds, stating that it would have to finance the deal, and asked if the correspondent could help out on $10,000 for 30 or 40 days; that, if so, it would send up some paper maturing the next month; and that it did not object to any fair rate. Seven days later two certificates of $5,000 each bearing 7 per cent. interest payable in 40 and 45 days were mailed to the correspondent. Credit for the full amount was given. Held, that the transaction was a "loan," and not a deposit, and hence did As purchase money See Sale.. LOAN ASSOCIATION See Homestead Loan Association. "A loan for consumption' is a transfer of personal property, such as corn or money, to be consumed by the borrower and to be returned to the lender in kind and quality." State v. Brown, 102 S. W. 394, 395, 83 Ark. 44, 119 Am. St. Rep. 109 (quoting and adopting definition in Kinne v. Kinne [N. Y.] 45 How. Prac. 61). LOBBY "Lobbying," which has a well-defined meaning, and signifies to address or solicit members of a legislative body for the purpose of influencing their votes, is contrary to public policy, whether or not it is carried on in such manner as to constitute a crime under the statute; and a note given for money advanced for the expenses of a person to enable him to engage in the business of lobbying will not be enforced. Le Tourneux v. Gilliss, 82 Pac. 627, 628, 1 Cal. App. 546. A lobbyist is one who solicits members of a legislative body, in the lobby or else where, with the purpose of influencing their votes, and a contract to render such services, or services which consist in part of lobbying, is void as against public policy, and an action cannot be maintained thereon. Burke V. Wood, 162 Fed. 533, 537. LOCAL A "local," in railroad parlance, is a train which stops at all stations and does not run with great rapidity when in motion. Hicks v. Union Pac. R. Co., 107 N. W. 798, 800, 76 Neb. 496. The words "local and special" are frequently used interchangeably, though they do not have the same meaning; "local" signifying a belonging or confinement to a particular place and being a counter term to "general." People v. Wilcox, 86 N. E. 672, 673, 237 Ill. 421. The word "local," which is the restrictive word used in the phrase "local improve "The distinction between local and tran ments," is often used in reference to towns | A "local action" as distinguished from a and cities so as to include the whole munici- transitory action is one where the principal pality. We speak of the "local affairs" of a facts on which it is founded are of a local town, its "local government," the rights of nature, or which could have arisen only in its inhabitants to "local option," or their some particular county. Perry v. Seaboard liability to "local taxation," referring in each | Air Line Ry. Co., 68 S. E. 1060, 1061, 153 N. instance to the whole corporation. In the C. 117. same way, if the local authorities of a town should undertake a general system of street improvement or a general system of sewerage, covering every street, we might, using the language in its ordinary meaning, speak of such work as a "local improvement"; the purpose thereof being a benefit to the local inhabitants. Crane v. City of Siloam Springs, 55 S. W. 955, 957, 67 Ark, 30. LOCAL ACT See Local Law. LOCAL ACTION Where the cause of action can arise in one place only, the action is local; but, if the cause of action is one that might have arisen anywhere, the action is transitory. Woolf v. McGaugh, 57 South. 754, 755, 175 Ala. 299. Trespass to real property is a "local action," and the suit must be brought in the county or place where the cause of action arose. Mayor, etc., of City of Baltimore v. Meredith's Ford & Jarrettsville Turnpike Co. in Baltimore & Harford Counties, 65 Atl. 35, 36, 104 Md. 351. and no sitory actions is as old as actions themselves, which prescribe generally where one should one has ever supposed that laws be sued included such suits as were local in their character, either by statute or the comLocal actions are in the nature of suits in mon law, unless it was expressly so declared. rem, and are to be prosecuted where the thing on which they are founded is situated." A suit to enjoin a defendant from diverting, in California, the waters naturally flowing down a river having its source in that state and flowing into and through the state of Nevada, where complainant's lands are situated, he being the lowest proprietor on the river, is an action transitory in its nature, so that a court in Nevada, having acquired jurisdiction of defendant's person, had jurisdiction to try the same. Miller & Lux v. Rickey, 127 Fed. 573, 577 (citing Casey v. Adams, 102 U. S. 66, 26 L. Ed. 52). A suit for partition is a local action within the provisions of Act March 3, 1875, c. 137, § 8, 18 Stat. 472, and one in which any Ejectment is a "local action" such as question between any of the parties, plaintiff's can be maintained only in the district where or defendants, affecting their rights or interthe land lies. Act Cong. March 3, 1887, c. ests in the land may be put in issue and de373, 24 Stat. 552, provides that no civil suit termined; and a federal court is not without shall be brought before either of the federal jurisdiction because questions may arise becourts of original jurisdiction against any tween plaintiffs who are citizens of the same person or by any original process or proceed-state, nor will it make a realignment of paring in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different states, suit shall be brought only in the district of the residence of either plaintiff or defendant. Held, that the restriction as to venue is not applicable to local actions, and hence ejectment can be brought in a federal court in the district where the land lay, though both plaintiff and defendant are foreign corporations and nonresidents of the state. Elk Garden Co. v. T. W. Thayer Co., 179 Fed. 556, 557 (citing 5 Words and Phrases, p. 4202). By the common law an action for the recovery of damages for injuries to land is "local," and can be brought only where the land is situated; and such is the law in most of the states of the Union. In Minnesota, an action for pecuniary damages for trespass to real estate in another state is viewed, not as relating to the real estate, but only as affording a personal remedy. It is there deemed to be transitory in its nature, and not local. Peyton v. Desmond, 129 Fed. 1, 4, 63 C. C. A. 651. ties to defeat its jurisdiction because such Ger "Originally the pleader was required to state truly the place where each fact asserted by him occurred, and, if issue was joined thereon, the fact was tried by a jury summoned from that neighborhood or venue. Afterwards, when jurors were no longer expected to decide issues of fact upon their own knowledge, a fictitious venue was, in some actions, permitted, and the pleader assigned to his facts, under a videlicet, the place in which he desired the trial to be held, These actions were then styled 'transitory.' But this fiction was not allowed when the cause of action was so related to a certain piece of land that it must have arisen on or near the land. Actions for such causes were styled 'local,' and triable only in the vicinity where the land lay." Defiance Fruit Co. v. Fox, 70 Atl. 460, 461, 76 N. J. Law, 482 (quot ing Hill v. Nelson, 57 Atl. 411, 70 N. J. Law, | be made. Sherwood Higgs & Co. v. Sperry 376, 378). & Hutchinson Co., 51 S. E. 1020, 1021, 139 An action to recover only the value of N. C. 299. ore or timber severed from land is transitory, and may be maintained wherever the trespasser can be served with summons, although plaintiff therein may be compelled to allege and prove ownership of the land from which the timber is cut, or the ore extracted; but, where the whole or any part of the damages claimed is for injury to the freehold, the action is "local" and must, if the land is located in this state, be tried, by the express provisions of Code Civ. Proc. § 392, in the county where the land is situated, or, if the land is located in another state, it must be tried in the courts of that state. Ophir Silver Min. Co. v. Superior Court of City and County of San Francisco, 82 Pac. 70, 72, 147 Cal. 467, 3 Ann. Cas. 340. Since the Missouri statutes provide for every contingency as to the bringing of actions, the rule of the common law, which regarded an action for breach of covenants of seisin and warranty as "local" and not "transitory," was completely altered, and as to such action such rule of the common law no longer obtains in Missouri; the title to real estate being only incidentally involved in such action. Coleman v. Lucksinger, 123 S. W. 441, 443, 224 Mo. 1, 26 L. R. A. (N. S.) 934. LOCAL AFFECTION A "local affection" is not a local disease within the meaning of a warranty in a policy of insurance, unless such affection has sufficiently developed to have some bearing on the general health. Cady v. Fidelity & Casualty Co. of New York, 113 N. W. 967, 971, 134 Wis. 322, 17 L. R. A. (N. S.) 260. LOCAL AGENT See, also, Agent. Under a statute providing that citation or other process against a foreign corporation may be served on any "local agent" of the corporation within the state, where a citation directed the officers to summon defendant foreign corporation by delivering to B., "agent," and the return recited delivery to B., "agent," and the petition alleged that B. was defendant's agent in the state of Texas, who resided in a specified county, and on whom service could be had, the return was insufficient to show that B. was a "local agent," within the state, and the defect was not cured by the allegation in the petition; hence a judgment by default was not authorized. National Cereal Co. v. Earnest (Tex.) 87 S. W. 734. Rev. St. 1895, art. 1223, provides that citation may be served on a foreign corporation by service on the "local agent," and article 1194, subd. 25, provides that a foreign corporation may be sued in any county where it has an agency or representative. Held, that the statute contemplates service on a person employed in forwarding the particular business for which the corporation was organized, and service on an attorney representing the defendant, and who was in the county at the time of service merely for the purpose of settling certain claims between the parties to the action, was insufficient. Bay City Iron Works v. Reeves & Co., 95 S. W. 739, 740, 43 Tex. Civ. App. 254. One who, without compensation, procured a watchman for a foreign corporation's sawmill and sold oil belonging to it for $7, which he applied to the payment of the watchman's services, was not the agent of the corporation, within Revisal 1905, § 440, providing that service of summons on a corporation may be made upon a "local agent," and that any person receiving or collecting moneys in the state for any corporation shall be deemed a local agent. Kelly v. Lefaiver & Co., 56 S. E. 510, 511, 144 N. C. 4 (citing Moore v. Freeman's Nat. Bank, 92 N. C. 590; Copland v. American De Forest Telegraph Pi-Co., 48 S. E. 501, 136 N. C. 11). The term "local agent," within Rev. St. 1895, art. 1223, providing for service of writs in suits against foreign corporations on any local agent within the state, means an agent at a given place or within a definite district, and an "agent for the state" is not a local agent within the state. Western Cottage ano & Organ Co. v. Anderson, 79 S. W. 516, 517, 97 Tex. 432. The local operator of defendant wireless telegraph company, who is in sole charge Under Code, § 217, authorizing service of of defendant's property at a particular place summons to be made upon a corporation by and in control of its business there, and has delivering a copy thereof to the president, received messages from ships at sea for pay, secretary, etc., "or local agent thereof," and though the office is not yet open for general providing that any person receiving or col- business, is defendant's "local agent," withlecting moneys within the state for any do- in a code provision, authorizing summons in mestic or foreign corporation shall be deem- an action against a corporation to be served ed a local agent for the purpose of service on its local agent; the proviso that any perof summons, a traveling auditor of a foreign son receiving or collecting moneys in the corporation, which has ceased to do any busi-state for any corporation shall be deemed a ness in the state, who is not authorized to "local agent" for the purpose of the section collect or receive money, for the corporation, not being intended to limit but to extend is not a "local agent," on whom service may the meaning of the term "local agent." Cop land v. American DeForest Wireless Tele- LOCAL AUTHORITIES graph Co., 48 S. E. 501, 136 N. C. 11. The term "local authorities," within Railroad Law (Laws 1890, c. 565) § 33 (Consol. Laws 1910, c. 49, § 53), providing that where a railroad crosses a highway at grade and the railroad company refuses, on request of the local authorities, to station a flagman there, the Supreme Court may, on application of the local authorities, order one stationed there, means the officer particularly charged with the care of the highway, who under Town Law (Consol. Laws, c. 62) § 80, as amended by Laws 1909, c. 491, § 1, is the superintendent of highways. Local Authorities of Town of Pawling v. New York, N. H. & H. R. Co., 129 N. Y. Supp. 643, 144 App. Div. 791. Under Rev. St. 1895, art. 1222, requiring the citation to be served on the president, etc., or upon the local agent representing the company in the county, in actions against an incorporated company, considered in view of article 1223, permitting process to be served on the president, general manager, or upon any "local agent" within the state, in suits against a foreign corporation, service upon the manager of a domestic corporation was not sufficient to sustain a default judgment against the corporation, since the term "local agent" implies a representative of a corporation appointed to transact its business and represent it in a particular locality, and it does not embrace the idea of an agent Const. Ill. 1870, art. 11, § 4, prohibits the who casually happens to be in the particu-granting of a right to construct a street raillar territory, or one who is temporarily sent road in a street without the consent of the to such locality to perform some particular "local authorities," and street railway act purpose or specified act, or to superintend (2 Starr & C. Ann. St. 1896, p. 2110, c. 66, the business in a general way; and while, § 3) requires the consent of the "corporate under certain circumstances and in a certain authorities." Held, that the terms "local sense, the terms "general manager" and "lo-authorities" and "corporate authorities" cal agent" may convey much the same idea, were synonymous, and used to indicate those they were not used in the statute as synony-representatives either directly elected by mous. Latham Co. v. J. M. Radford Grocery the people or appointed in some mode to Co., 117 S. W. 909, 54 Tex. Civ. App. 510. which the people had given their assent. Findings in a default judgment that Potter v. Calumet Electric St. Ry. Co., 158 citation was served on defendant corporation Fed. 521, 527. by delivering a copy to the local agent of defendant, resident in a certain city, who was the representative, general manager, and local agent of the corporation, sufficiently showed that the person served was the "local agent representing such company" in the county in which suit was brought, within the meaning of Rev. St. 1895, art. 1222, relative to the service of process upon corporations. El Paso & S. W. R. Co. v. Kelly (Tex.) 83 S. W. 855, 859. LOCAL ASSESSMENTS See, also, Special Assessment. A special assessment or forced contribution levied on particular property specially benefited by the maintenance of a levee system is a "local assessment." The general temporary exemption of new railroads from "taxation," as granted in article 230 of the Constitution of 1898 and in the constitution al amendment of 1904 (Laws 1904, p. 19, No. 16), includes all ad valorem district levee taxes, but not "local assessment," such as acreage and produce taxes and the mileage tax levied on railroads. Louisiana Ry. & Nav. Co. v. Madere, 50 South. 609, 610, 124 La. 635. Special taxes voted in aid of railroads under constitutional sanction are not "local assessments," since the word "special" implies merely an additional tax over and above the general tax authorized by the Constitution. Louisiana & A. Ry. Co. v. Shaw, 46 South. 994, 995, 121 La. 997. The Legislature having conferred upon the commissioners' courts the power to establish, change, and discontinue public highways, and to exercise general superintendence over all highways in their counties, commissioners' courts are the "local authorities" within the Constitution, from whom permission to build a street railway along the public highways of counties must be obtained. Galveston, H. & S. A. Ry. Co. v. Houston Electric Co., 122 S. W. 287, 289, 57 Tex. Civ. App. 170. LOCAL BUSINESS the installation of a new elevator and the re- pair of an old elevator is local business, The formation of towns and cities, or the change of their boundaries, is not a "local concern," of which the county court has exclusive jurisdiction, under Const. 1874, art. 7, § 28, giving to such courts exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries, etc., and in every other case that may be necessary to the internal improvement and local concerns of the county. The local concerns over which the county court is given exclu sive jurisdiction are those which relate specially to county affairs, such as public roads, bridges, ferries, and other matters of the kind mentioned in the section. City of Little Rock v. Town of North Little Rock, 79 S. W. 785, 788, 72 Ark. 195. LOCAL COURTS See Inferior or Local Courts. LOCAL FREIGHT As the term is ordinarily employed, a shipment between points on the same line of road is "local freight." Hill v. Wadley Southern Ry. Co., 57 S. E. 795, 799, 128 Ga. 705. The term "local freight" means a train of freight cars receiving and delivering goods within a limited distance, and carrying a caboose for the accommodation of the train crew, and, incidentally, a few passengers. State v. Missouri Pac. Ry. Co., 117 S. W. 1173, 1175, 219 Mo. 156. The words "local freight" may refer either to shipments from one way station to another, or to freight to be carried wholly within the boundaries of a particular state. Selectmen of Clinton v. Worcester Consol. St. Ry. Co., 85 N. E. 507, 510, 199 Mass. 279 (citing Mobile & M. R. Co. v. Steiner, 61 Ala. 579; Shipper v. Pennsylvania R. Co., 47 Pa. 344). LOCAL IMPROVEMENT A "local improvement," within the meaning of the law, is an improvement which, by reason of its being confined to a locality, enhances the value of property situated within the particular district, as distinguished from benefits diffused by it throughout the municipality. City of Butte v. School Dist. No. 1, 74 Pac. 869, 870, 29 Mont. 336. though a system of sewers to relieve the congested condition of existing sewers by furnishing additional means, whereby the surface water caused by excessive rain may be carried away, may benefit all the property in a village, if the improvement will specially enhance the adjacent property, it is local and may be paid for by special assessment. Northwestern University v. Village of Wilmette, 82 N. E. 615, 617, 230 III. 80. The term "local improvement" in Const. art. 9, § 9, authorizing the General Assembly to vest municipalities with power to make improvements by special assessment of contiguous property, means such improvements as are paid for by special assessment or special taxation, and the test whether an improvement is local is whether it specially benefits the property assessed and a local improvement is an improvement within and under the control of one municipality. Loeffler v. City of Chicago, 92 N. E. 586, 589, 246 Ill. 43, 20 Ann. Cas. 335. A "local improvement" is a public improvement which, by reason of its being confined to a locality, enhances the value of adjacent property, as distinguished from an improvement which benefits the whole municipality. The term, when used without some specific designation, is not to be limited merely to street improvements and sewers, but it also includes the laying of a water main. Vreeland v. City of Tacoma, 94 Pac. 192, 193, 48 Wash. 625. LOCAL LAW See, also, General Law; Private Law; As applied to legislation, the word "local" is used as a counter term to "general,” and signifies legislation relating to only a portion of the territory of a state. People v. Wilcox, 86 N. E. 672, 673, 237 Ill. 421 (citing Bouv. Law Dict.; Burrill, Law Dict.; People v. O'Brien, 38 N. Y. 193; People v. Newburgh & S. P. R. Co., 86 N. Y. 1; Ellis v. Frazier, 63 Pac. 642, 38 Or. 462, 53 L. R. A. 454). The term "local improvements," for which a city asserts the right to make special assessments, as applied to a street, means the improvement of the street whereby by the real property abutting or adjacent is specially benefited in its market value. A local assessment can only rest upon substantial enhancement in values, rather than upon the A law is not local or special when it is idea that the public may be imposing this general and uniform in its operation upon all burden upon the citizen because he is so sit-in like situation. People ex rel. Johnson v. uated that he can most promptly and conEarl, 94 Pac. 294, 302, 42 Colo. 238. veniently perform a duty highly salutary and advantageous to the public, a doctrine which is alleged to rest upon the police power of the state. A statute authorizing a municipal corporation to assess cost of street sprinkling on abutting land in proportion to the frontage is unauthorized. Stevens v. City of Port Huron, 113 N. W. 291, 296, 149 Mich. 536, 12 Ann. Cas. 603. A "local improvement" is a public improvement which, through its being confined to a locality, enhances the value of adjacent property, as distinguished from benefits diffused by it throughout the municipality, and "Where a law is general and uniform throughout the state, operating alike upon all persons and localities of a class, it is not open to the objection that it is 'local or special legislation.' Allen v. Kennard, 116 N. W. 63, 64, 81 Neb. 289 (citing State ex rel. Jones v. Graham, 19 N. W. 470, 16 Neb. 74; State v. Berka, 30 N. W. 267, 20 Neb. 375; Van Horn v. State, 64 N. W. 365, 46 Neb. 62; Livingston Loan & Building Ass'n v. Drummond, 68 N. W. 375, 49 Neb. 205). An act entitled "An act providing for the permanent location of the seat of government and capital of the state, creating a |