every kind of unsoundness of mind except | LUXURIES Under Statutory Construction Law (Laws 1892, p. 1487, c. 677) § 7, defining "lunacy" to include every kind of unsoundness of mind except idiocy, the word “lunacy" in Code Civ. Proc. § 2335, providing that, where a petition alleges that the person with respect to whom it prays for the appointment of a committee is incompetent by reason of "lunacy," the inquiry with respect to the competency must be confined to the question whether he is incompetent at the time of the inquiry, includes all phases of incompetency including imbecility arising from old age. In re Preston's Will, 99 N. Y. Supp. 312, 313, 113 App. Div. 732 (citing Matter of Schrodt, 67 N. Y. Supp. 244, 32 Misc. Rep. 540; Matter of Clark, 67 N. Y. Supp. 631, 57 App. Div. 5). LUNATIC As natural person, see Natural Person. Under section 7, Stautory Construction Law, the terms "lunatic" and "lunacy" include every kind of unsoundness of mind except idiocy. Schoenberg & Co. v. Ulman, 99 N. Y. Supp. 650, 652, 51 Misc. Rep. 83. Food supplies ordered by the master of a fishing schooner, who was also managing owner, for the use of the crew on a fishing voyage, under the usual lay contracts, in the absence of any showing of bad faith on his part, will be presumed to be supplies "necessary" for the employment of the vessel, within the meaning of the Maine statute giving a lien for such supplies, and the court will not undertake to determine that certain of the articles were "luxuries" for which the vessel is not liable. The term "luxuries" is an entirely relative term. The Mary F. Chisholm, 133 Fed. 598, 600. LYCHEE Dried lychee as edible fruit, see Edible LYING LYING BETWEEN PIERS Where an insurance policy on a vessel provided that the company should not be liable for injuries in consequence of ice except when the vessel was "lying between piers," the exception should be construed as requir that the vessel should be placed between piers sufficiently near to each other to afford protection from floating ice on both sides; and hence, where the piers between which the vessel was moored at the time of her injuries were 2,200 feet apart, she was not "lying between piers" within the policy. Huntley v. Providence Washington Ins. Co., 79 N. Y. Supp. 35, 36, 77 App. Div. 196. LYING IN WAIT Rev. Laws, c. 87, §§ 6, 79, places the bur-ing den of support of insane persons on the state. Rev. Laws, c. 8, § 5, cl. 6, provides that, in construing statutes the words "insane person" and "lunatic" shall include every idiot, non compos, lunatic, and insane and distracted person. Held, that persons committed to the School for Feeble-Minded are not insane persons, and hence the state is not liable for their support. Chapin v. City of Lowell, 80 N. E. 618, 619, 194 Mass. 486. LUNAR MONTH As month, see Month. LUNCH WAGON As building, see Building. LUTHERAN The name "Lutheran" is a distinguishing characteristic of the churches adhering to and adopting certain writings in and shortly after the time of Martin Luther as conclusive expression of the creed, and inerrant interpretation of the Scriptures, and rejecting certain other writings which are adopted by what are called the "German Reformed Church" as correct interpretation of the Scriptures. The Lutherans prescribe certain books as necessary to be used in Sunday school and confessions of faith, and the like, and yield almost inspirational authority to the writings of Dr. Luther. Marien v. Evangelical Creed Congregation of Milwaukee, 113 N. W. 66, 67, 132 Wis. 650. "Lying in wait" means hiding in ambush or concealment. It does not necessarily refer to the attitude of the body, but rather to its location, and the purpose of taking the person attacked unawares. It is the mental poise of the wild beast in quest of prey, and necessarily implies malice, premeditation, deliberation, and the willful intent. If a person, armed with a club, was hiding in the darkness with the purpose of assaulting another when unaware of danger, he was, though standing, technically "lying in wait." State v. Tyler, 97 N. W. 983, 985, 122 Iowa, 125. LYING OR BEING WITHIN Const. art. 8, § 5, declares that all railroad property within the limits of any city shall bear its proportionate share of municipal taxation, and, if not previously rendered, the city authorities shall have power to require its rendition and collect the usual municipal tax thereon. Section 8 declares that property of railroad companies shall be assessed and taxes collected in the several counties in which the property is situated, including so much of the roadbed and fix tures as shall be in each county; and that could be guilty of the crime of breaking and the rolling stock shall be assessed in gross entering a jail with intent to kill under this in the county where the principal office of statute. 'Lynching' is defined by Raplje & the company is located, and the county tax Lawrence as 'mob vengeance upon a person paid on it shall be apportioned by the comp- suspected of crime.' Law Dictionary, 778. troller in proportion to the distance the road It is a term descriptive of the action of unmay run through any such county among the official persons, organized bands, or mobs, several counties through which the road who seize persons charged with or suspected passes, as a part of their assets. Held that, of crimes, or take them out of the custody of under Rev. St. 1895, art. 5083, providing for the law, and inflict summary punishment on the general taxation of the rolling stock of them, without legal trial, and without warrailroad corporations, and article 500, pro- rant or authority of law.' Black's Law Dicviding that only property situated within the tionary, p. 737. 'A common phrase used to limits of a city is taxable by it, a city con- express the vengeance of a mob inflicting intaining the principal office of a railroad com-jury and committing an outrage upon a perpany was not, for that reason, authorized to son suspected of some crime.' Worcester levy municipal taxes on all the railroad's and Webster define the word as the infliction rolling stock, only a small portion of which would necessarily be within the city on the 1st day of January of each year; the term "lying or being within the limits of any city or incorporated town," etc., when applied to tangible movable property, meaning only such property as is actually and physically within the limits of the city. City of Tyler v. Coker (Tex.) 124 S. W. 729, 730. LYNCHING "The word 'lynching' has been defined by legal as well as other lexicographers, and according to such definitions, and as the term is generally understood, the illegal acts commonly termed 'lynching' cannot be committed by a single individual. Yet one person alone of punishment without legal trial by a mob or by unauthorized persons. The word derives its origin, according to Worcester, from a Virginia farmer named Lynch, who, having caught a thief, instead of delivering him to the officers of the law, tied him to a tree and flogged him with his own hands. Lynching has no technical legal meaning. It is merely a descriptive phrase, used to signify the lawless acts of persons who violate established law at the time they commit the acts, and is universally understood to signify the illegal infliction of punishment by a combination of persons for an alleged crime.". State v. Lewis, 55 S. E. 600, 610, 611, 142 N. C. 626, 9 Ann. Cas. 361 (quoting Bouv. Law Dict. 287. See, also, State v. Aler, 20 S. E. 585, 39 W. Va. 558). MACADAM M The word "macadam" has a variety of meanings. Thus, where plaintiff contracted to furnish for two years all the crushed stone needed by defendant in construction and repair of its streets, defendant agreeing to use said crushed stone in all street construction work and all repair work done by it where the improvement is made with "macadam," the contract was ambiguous, and plaintiff might show that the parties, when making the contract, understood that the word included river and mining gravel as well as crushed stone. Viernow v. City of Carthage, 123 S. W. 67, 68, 139 Mo. App. 276. MACADAMIZE "The term 'machine' includes every mechanical device or combination mechanical powers and devices to perform some function and produce a certain effect or result." "machine" is a concrete thing consisting of parts, or of certain devices and combination of devices, and a machine is not a principle or an idea. The mere function or operation of a machine or other device, as distinguish patentable. American Steel & Wire Co. v. Denning Wire & Fence Co., 160 Fed. 108, 111, 112 (quoting and adopting definitions in Corning v. Burden, 15 How. [56 U. S.] 252, 14 L. Ed. 683; Burr v. Durgee, 1 Wall. [68 U. S.] 531, 17 L. Ed. 650). According to the Standard Dictionary, to "macadamize" is "to cover or pave, as a path or roadway, with small broken stone, on either a soft or a hard substratum." Ju- ed from the machine or device itself, is not dicially speaking, the word "macadamizing" has a fixed and definite meaning, and refers not only to the kind of material to be used in covering the street or road, but also to the manner in which it is to be laid. It means to cover a street or road by a process introduced by Macadam, which consists of the use of small stones of a uniform size, consolidated and levelled by heavy rollers. Jones v. Plummer, 118 S. W. 109, 111, 137 Mo. App. 337. A "macadamized roadway" does not mean one made up of a mixture of clay, gravel, limestone, and slag, that will not sustain an ordinary load in wet weather. In the common practice and understanding such a roadway has been regarded as one covered with small, broken stones, so as to form a smooth, hard, convex surface, capable of sustaining ordinarily heavy traffic. Gage v. People, 65 N. E. 1084, 1085, 1086, 200 Ill. 432. Complainants conveyed certain land to a city for a street, the city agreeing to grade and "macadamize" the street which was in an outlying district where it was well known to both parties that the city was in the habit of macadamizing only the center of the street to a width of from 14 to 16 feet, for a driveway. Held, that the contract should not be construed to require the city to macadamize the street to its full width, but only in accordance with its recognized custom. City of Versailles v. Brown (Ky.) 96 S. W. 1108, 1109. The term "pave" in its generic sense means to place some substance on the street so as to form an artificial roadway or wearing surface which shall change the natural condition of the street. The word is much more comprehensive than the term "macadamize," but it embraces all that the term In patent law, a "machine" is a concrete thing consisting of parts or of certain devices, or combination of devices. "A machine is not a principle or an idea." United States Consol. Seeded Raisin Co. v. Selma Fruit Co. (U. S. C. C. A.) 195 Fed. 264, 270, 115 C. C. A. 234. Bitransit railway system A new method of handling passengers to secure rapid transit in a large city, termed a "bitransit railway system," is not a "machine" within the patent law, and the patent therefor is void for lack of patentable novelty. Fowler v. New York, 121 Fed. 747, 58 C. C. A. 113. Crane The term "machine" includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result. A crane used to lift molten metal in a manufacturing establishment, and operated by hand, is a "machine" within the factory act (Acts 1899, p. 234, c. 142, § 9; Burns' Ann. St. 1901, § 7087i), requiring the operator of a manufacturing establishment to guard vats, cogs, belting, etc., or machinery. Crawford & McCrimmon Co. v. Gose (Ind.) 82 N. E. 984, 985 (quoting and adopting the definition in Corning v. Burden, 15 How. 252, 14 L. Ed. 683; 'Green v. American Car & Foundry Co., 71 N. E. 268, 163 Ind. 135). Drop The term "machine" includes every mechanical device, or combination of mechanical powers and devices, to perform some function and produce a certain effect or result. A steel hammer of 1,500 pounds, resting in the center of the floor, within four large upright posts, with attachments to a power for the purpose of hauling it to the top of the frame and letting it drop, is a machine, within the meaning of Burns' Ann. St. 1901, § 7087, relating to the duty of an employer, and requiring that all vats, pans, saws, and machinery of every description shall be properly guarded. Green v. American Car & Foundry Co., 71 N. E. 268, 270, 163 Ind. 135 (citing Corning v. Burden, 56 U. S. [15 How.] 252, 14 L. Ed. 683). not hammer was lifted, the pile driver and the "A 'machine' is a thing. A 'process' is 652, 657, 214 U. S. 366, 53 L. Ed. 1034; Eastern Extracting Co. v. Greater New York ExA "drop," a device consisting of a fixed tracting Co., 110 N. Y. Supp. 738, 739, 126 derrick which raises a large steel ball to a App. Div. 928 (quoting Cochrane v. Deener, considerable height and allow it to fall upon 94 U. S. 780, 24 L. Ed. 139; Tilghman v. scrap iron, etc., for the purpose of breaking Proctor, 102 U. S. 707, 26 L. Ed. 279); Kirchit, is a "machine." Inland Steel Co. v. Kach-berger v. American Acetylene Burner Co., winski, 151 Fed. 219, 221, 80 C. C. A. 571. 124 Fed. 764, 775. Emery belt An emery belt, used in a factory to polish metal, is a "machine," within Burns' Ann. St. 1901, § 7087i, requiring machinery of every description in factories to be properly guarded. La Porte Carriage Co. v. Sullender (Ind.) 71 N. E. 922, 924. See, also, Pein v. Miznerr, 83 N. E. 784, 786, 41 Ind. App. 255, overruling La Porte Carriage Co. v. Sullender, 75 N. E. 277, 165 Ind. 290. Machinery distinguished See Machinery. Mangle "A machine' is a mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result." A laundry mangle is within the scope of the factory act providing that "all vats, pans," etc., and "machinery of every description," shall be properly guarded. Pein v. Miznerr, 83 N. E. 784, 786, 41 Ind. App. 255. Pile driver and engine As used in Civ. Code, § 1970, providing that an employer shall be liable for injuries to a servant sustained through the employer's negligence or the default of a co-employé, employed on a machine or other appliance than that on which the employé injured was employed, the word "machine" means an instrument composed of one or more of the mechanical powers, and capable when set in motion of producing by its own operation certain predetermined physical effects, being distinguished from all other mechanical instruments in that its rule of action resides within itself, and hence, where a servant employed to steady piles in front of a pile driver was injured by the negligence of the engineer operating the engine by which the one The term "machine" includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result. But where the result or effect is produced by chemical action, by the operation or application of some element or power of nature, of substance to another, such modes, methods, or operations are called "processes." A new process is usually the result of a discovery; a machine, of invention. But the term "process" is often used in a more vague sense in which it cannot be the subject of a patent. Thus we say that a board is undergoing the process of being planed, grain of being ground, iron of being hammered or rolled. Here the term is used subjectively or passively as applied to the material operated on, and not to the method or mode of producing that operation, which is by mechanical means, or the use of a machine, as distinguished from a process. In this use of the term it represents the function of a machine, or the effect produced by it on the material subjected to the action of the machine. But it is well settled that a man cannot have a patent for the function or abstract effect of a machine, but only for the machine which produces it. Denning Wire & Fence Co. v. American Steel & Wire Co., 169 Fed. 795, 796, 95 C. C. A. 259. Railroad switch A railroad switch is not a "machine" for the construction of waterworks, within the statute providing that persons furnishing machinery to erect waterworks may have a lien thereon. Potter Mfg. Co. v. A. B. Meyer & Co., 86 N. E. 837, 839, 171 Ind. 513, 131 Am. St. Rep. 267. As structure See Structure. Tram railroad A tram railroad is not a "machine," within Rev. St. 1899, § 8486, taxing manufacturers on tools, machinery, and appliances. State ex rel. Western Tie & Timber Co. v. Pulliman, 135 S. W. 443, 444, 233 Mo. 229. MACHINE FINISH The term "machine finished" is used in the manufacture of paper to represent sized, glazed, and supercalendered paper. Jackson v. Grissom, 94 S. W. 263, 264, 196 Mo. 624. MACHINERY See Dangerous Machinery; Defective Plant. Other machinery, see Other. tion is not an enumeration of machines, and the genus of those words is not of the same nature as of “machinery of every description." Pein v. Miznerr, 83 N. E. 784, 41 Ind. App. 255, overruling La Porte Carriage Co. v. Sullender, 75 N. E. 277, 281, 165 Ind. 290. A "machine" consisting of rollers and knives revolving at a high rate of speed, and set immediately below an opening in a floor, and used for the purpose of mixing sawdust. damp clay and dirt thrown into the opening, is not within the factory act, providing that in all manufacturing establishments "all vats, pans, saws, planers, cogs, gearing, belting, set screws, and machinery of every description therein" shall be guarded. National Fire Proofing Co. v. Roper, 77 N. E. 370372, 38 Ind. App. 600. Castings Iron castings from 10 to 24 feet in length, known as "sill castings or channels," were furnished to a tobacco company with the necessary bolts for use in its factories, to support tobacco presses. Most of them were used for supporting presses or tables connected therewith, without being fastened to the floor and without being put under all the presses. Some were used for other purposes, such as skids, and "dunnage"; that is, were put under goods to raise them above the floor. Those under presses and tables could be readily removed, and were in fact taken from one building to another. There was no proof that they were customarily thus placed in tobacco factories, or were in any A mortgage trust deed covering the "machinery" belonging to a cotton print works company included the copper rolls on which the designs to be printed on the cloth were engraved, which were not a part of the printing presses, but were purchased in the market separate from the presses for use there in, and were unavailable for use except in the presses. According to Bouvier's Law Dict., "machinery" is a more comprehensive term than "machine" and includes the appurtenances necessary to the working of a machine. According to Webster's International Dictionary, second definition, "machinery" is the working parts of a machine, engine, or instrument. According to the Cen-way necessary to carry on the work, or that tury and the Standard Dictionaries, “machinery" is the parts of a machine considered collectively, or any construction of mechanical means designed to work together to accomplish a given end. Doty v. Oriental Print Works Co., 67 Atl. 586, 591, 28 R. I. 372 (citing Seavey v. Central Mut. Fire Ins. Co., 111 Mass. 540; Buchanan v. Exchange Fire Ins. Co., 61 N. Y. 26, 33; Brewer v. Ford, 12 N. Y. Supp. 621, 59 Hun, 17; State v. Avery, 44 Vt. 629; Brower v. Locke, 67 N. E. 1015, 31 Ind. App. 353, 358). As all machinery The word "machinery," in Labor Law (Laws 1897, c. 415) § 81, imposing on the owner or person in charge of a factory the duty to properly guard specified parts of "machinery," including shafting by name and "machinery of every description," means machinery which needs to be and can be guarded for the safety of the employés. Poole v. American Linseed Co., 103 N. Y. Supp. 1047, 1048, 119 App. Div. 136. The factory act, providing that "all vats, pans," etc., and "machinery of every description," shall be properly guarded, requires all dangerous machinery to be guarded, including a laundry mangle; the quoted phrase not being limited by the enumeration of vats, pans, etc., since that enumera it could not be done as well without them. Held, that the castings were not "material" or "machinery," within Rev. St. 1899. § 4203 (Ann. St. 1906, p. 2277), giving a lien to a person furnishing the same for a building. Banner Iron Works v. Etna Iron Works, 122 S. W. 762, 763, 143 Mo. App. 1. Conveyor A conveyor, consisting of a long, cylindrical, rotating rod, to which flanges are attached, is a shafting or "machinery," within the factory act (Acts 1899, p. 234, c. 142, § 9; Burns' Ann. St. 1901, § 7087i), providing that all shafting and "machinery" shall be guarded. United States Cement Co. V. Cooper (Ind.) 82 N. E. 981, 983. Crane Under Code Supp. 1907, § 4999a2, requiring "machinery" in factories to be guarded, a traveling crane is a machine, and, if injury is reasonably to be apprehended therefrom to those working in its vicinity, it should be provided with proper guards. McW. 920, 925. Carney v. Bettendorf, Axle Co. (Iowa) 136 N. Derrick and appliances Where, on the sale of a derrick, the president of the seller corporation wrote the buyer, "We fully guarantee machinery, and |