to purchase grain in wagon loads lots upon inspection is conceded, it is competent to introduce evidence to show the inspection and purchase of grain by such agent, to determine the scope and authority of his agency, and to ascertain whether the purchase of certain grain sued for was within the fair scope of his au thority as the agent of such corporation.-Cain Bros. Co. v. Wallace, Kan., 26 Pac. Rep. 445.

102. PRINCIPAL AND AGENT-Transactions with Agent. -If one deals bona fide with an agent as owner, without knowledge of his agency, and has no good reason to know of such agency, he is justified in treating the agent as the owner, and the payment of the purchase price to him with a pre-existing debt will be a defense to an action by the owner for the value of the goods and merchandise. Tripp & Moore Boot & Shoe Co. v. Martin, Kan., 26 Pac. Rep. 424.

103. PROCESS-Service-Return.-The return of an ofticer serving process is insufficient under Rev. St. Tex, art. 1219, unless it shows that a true copy thereof was delivered to each one of the several defendants named therein. Rutherford v. Davenport, Tex., 16 S. W. Rep. 112. 104. PUBLIC LANDS-Riparian Rights.—Where the gov· ernment conveys land on the bank of a navigable stream without reservation, the land over which the stream flows, as far as the middle line of the stream, and all unsurveyed islands between this line and the bank, pass by the grant, and the riparian owner cannot be divested by a subsequent survey and grant of the islands.Butler v. Grand Ropids & I. R. Co., Mich., 48 N. W. Rep.

569.

105. PUBLIC LANDS-Swamp.-Const. Cal. art. 17, § 3. providing that State lands which are "suitable for cultivation" shall be granted only to actual settlers, and in quantities not exceeding 320 acres to each settler, applies to swamp lands granted to the State by Act Cong. Sept. 28, 1850, when such lands are "suitable for cultivation," and can be reclaimed and cultivated by an actual settler.-Fulton v. Brannan, Cal., 26 Pac. Rep. 506.

106. RAILROAD COMPANIES.- Where, in the limits of a town but not at a public crossing one attemp's to cross a railroad track immediately in front of a moving train, which he sees, he is gulity of contributory negligence, and cannot recover, though the train is running at an unreasonable speed. Craddock v Louisville & N. R. Co., Ky., 16 S. W. Rep. 125.

107. RAILROAD COMPANIES -- Accident at Crossing.-Where a railroad company stops its train within the limits of an incorporated city, and while its cars are standing over a street crossing a child seven years of age, attempts to take hold of the brake ladder on a freight car in the train, for the purpose of climbing over the car, and the train starts jerks him off, so that he falls under the wheels, and is injured, and the trainmen have no knowledge of the attempt upon the part of the boy to board the train, held, that the company is not guilty of such negligence towards the boy as to render it liable for damages on account of such injury.-Atchi son, etc. R. Co. v. Plaskett, Kan., 26 Pac. Rep. 401.

108. RAILROAD COMPANIES-Carriers-Pleading.-In a suit for an injury to a horse resulting from the negligence of a railroad company in maintaining a highway crossing, contributory negligence is sufficiently negatived by an averment that the plaintiff has no knowledge of the dangerous conditon of the crossing, and the injury occurred without his fault.-O. M. R. Co. v. Hawkins, Ind., 27 N. E. Rep. 331.

The fact

109. RAILROAD COMPANIES-Killing Stock. that part of a railroad's main line is situated within a city, and within the road's "switch limits," does not relieve the company from the statutory duty of fencing its line at that point, where the nearest objects are a building 175 feet to the north, a crossing 175 feet to the south, and a yard track parallel to the main track, and 60 feet east of it, and the ground between those points is unoccupied.-Jeffersonville, etc. R. Co. v. Peters. Ind., 27 N. E. Rep. 299.

110. RAILROAD COMPANIES-Killing Stock.-Under Rev

St. Wis. § 1810, as amended by Laws 1881, ch. 193, a company is liable when stock is killed on its unfenced track, and there is no evidence that the owner drove them on the right of way or abandoned them in a place where it was certain they would go on the track.-Heller v. Abbott, Wis., 48 N. W. Rep. 599.

111. RAILROAD COMPANIES Killing Stock Farm Crossings.-A land owner whose farm is divided by a railroad is entitled to necessary crossings; and where the railroad company fences its track through his farm, and constructs gates in the fences at such crossings for the accommodation of the land owner or his tenant, the duty rests upon him to keep the gates closed, and, if he neglects to do so, and his animals pass through them upon the track and are killed, without the negligence of those operating the trains, the railroad company is not liable for the loss.-Adams v. Atchison, etc. R. Co., Kan., 26 Pac. Rep. 439.

112. REAL ESTATE AGENT-Commission.-A land-agent or broker, becomes entitled to his commission for selling the land if he procures for his principal a party with whom he is satisfied, who enters into a written contract with such principal to buy the real estate at the specified price, and is financially able to perform the conditions of the contract, although the principal, having the option by the contract to declare a forfeiture thereof if the installments are not paid in accordance with its terms, declares the contract forfeited on account of the non-payment of an installment when it becomes due.-Betz v. Williams & White Land & Loan Co., Kan., 26 Pac. Rep. 456.

113. REPLEVIN Goods Fraudulently Obtained. Where goods were purchased with a design not to pay for them, the seller can recover the goods from a mortgagee with notice of facts sufficient to put a prudent man on inquiry, which, if prosecuted with reasonable diligence, would have led to a discovery of the fraud.-Mahoney v. Gano, Ind., 27 N. E. Rep. 315.

114. REPLEVIN-Pleading.- In replevin, an allegation in the complaint that defendant "unlawfully holds" the property is equivalent to an allegation that it is "unlawfully detained," within the meaning of Rev. St. Ind. 1881, § 1547.-Gould v. O'Neal, Ind., 27 N. E. Rep. 307.

115. SALE-Chattel Mortgage.-Under Sayles' Civil St. Tex. art. 3190a, a written contract for sale of a chattel duly recorded, and reciting that the chattel shall remain the property of the seller until the price is paid, constitutes a chattel mortgage, and the lien follows the chattel in the hands of the purchaser thereof at an attachment sale.-Garretson v. DePoyster, Tex., 16 S. W. Rep. 106.

116. SALE OF CHATTELS-Declarations of Vendor.-The declarations of a vendor of personal property as to his possession and title, when he is not in the actual possession of the property, are not admissible to affect the title of his grantees.-Hoy v. Griggs, Kan., 26 Pac. Rep. 468.

117. SALE OF LAND- Fraudulent Representations.Where a party who claims to possess a right to a timber-culture claim under the laws of the United States, and to own and control the relinquishment of the same, fraudulently misrepresents the location and quality of the land to one who, relying upon his representations, purchases and pays for his relinquishment and right, such purchaser is entitled to recover the damages actually sustained.-Davis v. Jenkins, Kan., 26 Pac. Rep. 459.

118. SCHOOLS-Contracts-De Facto Officers.-Where school trustees, with the acquiescence of the school town, continue to act as such after the expiration of their term, and before their successors are appointed, they are officers de facto, and a contract with a teacher entered into by them is binding on the town.-School Town of Milford v. Zeigler, Ind., 27 N. E. Rep. 303.

119. SET OFF-When Allowed.-Where a railroad company has an agreement by which its employees can, at their option, on being injured, receive treatment at a hospital, the charges to be paid by the company, and

deducted from their wages, the company can set off the charges so incurred by an employee against wages due him at his death, and allotted by the court to his widow for her year's support.-Louisville, etc. Ry. Co. v. Kennedy, Tenn., 16 S. W. Rep. 113.

120. SHIPPING-Passenger Regulations. - Under Rev. St. U. S. § 4499, providing that vessels violating the law relating to the carrying of passengers "may be seized and proceeded against by way of libel," in the district court, such court has no jurisdiction until there has been a seizure of the vessel.- United States v. The Frank Silvia, U. S. C. C. (Cal.), 45 Fed. Rep. 641.

121. SPECIFIC PERFORMANCE- Agreement to Convey Land. In an action to compel the specific performance of an agreement to convey real estate, a complaint alleging such an agreement, without stating whether it was written or oral, and alleging also such a part per formance as would take an oral agreement out of the statute of frauds, is sufficient to justify the relief sought, upon proof of a partly performed oral agreement.-Slingerland v. Slingerland, Minn., 48 N. W. Rep. 605.

122. SWAMP LANDS-Segregation.-The swamp lands granted to the State by Act Cong. Sept. 28, 1850, are not subject to application for purchase until they have been segregated to the State by a United States survey, and an application filed prior to such segregation confers no rights on the applicant, though it is subsequently approved, and a certificate of purchase issued after segregation.-Buchanan v. Nagle, Cal., 26 Pac. Rep.

512.

123. TAXATION-Constitutional Law-Discriminations. -The article of the State constitution which provides that all property shall be assessed at a uniform rate is violated when it is shown that assessing officer assess in any considerable amount property at one-third or one half, and other property at two-thirds, of its cash value. National banks, like any other tax payer against whom discriminations are made, are entitled to the protection of articles cited.-First Nat. Bank v. Lindsay, U.S. C. C. (La.), 45 Fed. Rep. 619.

124. TAXATION — Enjoining Sale. Where lands had been returned for non-payment of taxes, and plaintiff enjoins the sale of the premises under the supposition that the lands were illegally assessed, and upon trial it appears that a portion of the lands were properly as sessed, the court will enter a personal decree compelling him to pay such taxes as are found legal, and enforce such decree by execution.- Tisdale v. Auditor General, Mich., 48 N. W. Rep. 668.

125. TAXATION - Exemptions. While lands actually used to carry on the business of a company organized under the general corporation act. Pa. 1874, for the supplying of pure water, and indispensably necessary for its operation, are not taxable for local purposes, large tracts of land owned by the company, lying along the stream, used for supplying water, and held for fear nuisances might be erected thereon, are not exempt.Roaring Creek Water Co. v. Girton, Penn., 21 Atl. Rep. 780

126. TAXATION OF NATIONAL BANKS.-The assessment of the entire capital stock of a national bank “in solido, against the bank itself is invalid.-First Nat. Bank of Leoti v. Fisher, Kan., 26 Pac. Rep. 482.

127. TAX EXECUTION-Payment.-Unless a tax execu tion paid off by one not a party to it is entered on the execution docket of the superior court, as required by section 891a of the Code, within 30 days after the transfer, it has no longer any force except as against the defendant only.- Wilson v. Herrington, Ga., 13 S. E. Rep.

129.

128. TELEGRAPH COMPANIES-Delay.-Under a stipu lation that "the company will not be liable for damages in any case when the claim is not presented in writing within 60 days after sending the message," the time runs from the transmission of the message, and not from its receipt by the company, and, when suit is brought within 60 days, no claim need be presented.Western Union Tel. Co. v. Trumbell, Ind., 27 N. E. Rep. 313

129. TOWNSHIPS-Assets - City Formed from Town ship. When small portions of an original township are from time to time detached to aid in the formation of new townships, the portion of the original township thus detached, in the absence of legislative provisions to that effect, retain no interest in or claim to the public property of the original township not situate in any of the portions detached.-City of Wellington v. Township of Wellington, Kan., 26 Pac. Rep. 415.

130. TRIAL-Misconduct of Jury.-A conviction will not be reversed because it appears from affidavits that one of the jurors drank intoxicating liquor during the trial, and that during a recess of court he was intoxicated, when counter affidavits by the other jurors, and the officer in charge of the jury, show that the juror was rational and sober at all times while hearing the trial and deliberating on the verdict.-People v. Deegan, Cal., 26 Pac. Rep. 500.

131. TRUSTS-Res Adjudicata.-An action by a trustee against the executor of a deceased trustor for an accounting and to recover the trust fund is a bar to a subsequent action for an accounting against the executor by the next of kin of a deceased beneficiary in the trust, though neither the beneficiary nor plaintiff were parties to the first action.-In re Straut's Estate, N. Y., 27 N. E. Rep. 259.

132. VENDOR AND VENDEE-Failure of Title-Purchase Money. Where title to land fails, recovery of the purchase money can be had on a parol agreement made at the time of the sale to refund in case of such failure, as such agreement was not merged in a deed thereafter given containing the usual covenants of special warranty, but no covenant of title Close v. Zell, Penn., 21 Atl. Rep. 770.

133. VENUE-Change- Execution. A motion, after notice to the adverse party, for leave to issue execution on a judgment after the lapse of ten years, is a civil action, within the meaning of Rev. St. Ind. 1881, § 412.Jaseph v. Schnepper, Ind., 27 N. E. Rep. 305.

134. WAY-Easement.-The owner of land opened and maintained a private way from one part of his land over another part to the highway, and the way was necessary for access to the land. After his death, on partition, the part of the land on the highway wus allotted to his widow, and the balance was sold by order of the court: Held, that the purchaser took an easement in the road.-Ellis v. Bassett, Ind., 27 N. E. Rep.

344.

135. WIFE'S SEPARATE ESTATE-Separation.-A husband who paid for land with his own money, and took a conveyance in 1881, describing himself in the deed as trustee for his wife, acquired the property for her, and it became her separate estate, both legally and equitably.-Payton v. Payton, Ga., 13 S. E. Rep. 127.

136. WILL-Construction.-A testator left his residuary estate in trust, one half the income to be paid to his sister and one half to his brother. On the death of either his share of the income was to be paid to his children, and on the death of both the fund was to be divided among their children. The brother died without issue after the testator: Held, that the fund should not thereupon be distributed, but that the brother's share of the income should during the sister's life be paid to the testator's heirs as intestate estate.-In re De Silver's Estate, Penn., 21 Atl. Rep. 753.

137. WILLS-Olographic.-The olographic, like every other testament, is a solemn act, depending for its validity upon compliance with the forms prescribed by law; and, however clearly it appears that the decedent interded the instrument to be her will, if it is not clothed with the forms prescribed it cannot stand.—In re Armant's Will, La., 9 South. Rep. 50.

138. WITNESS-Husband and Wife.-In Tennessee, a wife is not a competent witness for her husband in criminal cases; the common law rule not having been changed by statute.-Owen v. State, Tenn., 16 S. W. Rep.

114.

BANKS AND BANKING-Continued.

liability as stockholders of holders of corporate
stock as security, 237.

effect of stock broker's pledges to a bank, of other
people's securities, 237.

liability of, in the collection of drafts, 265.

liabilities of officers of, 426.

what constitutes mismanagement, 426.

effect of forged indorsement of check by fictitious
persons, 461.

check as an equitable assignment of the fund for
which it is drawn, 505.

BEACH, CHARLES F., Jr.,

retirement of, as editor of the Railway and Corpo-
ration Law Journal, 137.

BIGELOW, MELVILLE M.,

on the law of Fraud, 12.

BILLS OF EXCEPTION,

definition of, 243.
history of, 243.

exceptions when taken, 244.

contents of, 244.

signing, 245.

BUTLER, BENJAMIN F.,

ejection of, from the federal court room, 421.
CANADA,

improper methods of collections in, 532.
CARRIERS OF GOODS,

illegality of rebate secretly paid by common car-
rier to certain shippers, 3.

burden of proving negligence in case of carriage of
goods injured, where accepted at owner's risk, 97,
99.

sufficient evidence to support finding that the
proximate cause of loss was the act of God, 266.
effect of illegal freight contracts providing for the
giving of rebates, 289.

effect of pooling combinations between, 289.
presumption of negligence in loss of baggage car-
ried under limited liability, 315.
prevailing test as to the right of stoppage in trans.
itu, 353.

effect of delivery actual or constructive to the con-
signee, as avoiding the right of stoppage in trans-
itu, 362.

liability of, for the destruction of cars while stand-
ing on the side track to be unloaded, 522.

CARRIERS OF PASSENGERS,

liability of, for injury to an unborn child, 197.
right of a, to grant exclusive hack and bus privi
leges at its depot, 201.

whether express messenger carried in pursuance of
contract between his employer and the railroad
company is charged with knowledge of stipulation
exempting from liability, 239.

liablilty of, for loss of baggage, 462.

where carrier knowingly permits a passenger to
take articles as personal baggage which are not
properly such, it will be liable for their loss or de
struction, 462.

CENTRAL LAW JOURNAL,

reproduction of articles from, by other journals,

265.

correction of error in, 353.

of the completed index-digest to the first thirty vol-
umes, 353.

completion of the thirty second volume, 521.
CHARACTER,

argument of conusel as to, in criminal trials, 336.
CHARITABLE USE,

validity of will containing a, 287.

CHATTEL MORTGAGE,

whether a, void in part because fraudulent is void
as to the whole, 159.

priority of lien of livery stable keeper over, 267.
whether a mortgagee of chattels by suing out at
tachment and levying upon mortgaged property
thereby releases mortgage lien, 385.

CHECK,

whether drawing of a, on bank is an assignment of
the fund, 199.

whether before acceptance by the drawee, it is an
equitable assignment of the amount for which it
is drawn, 505.

CHILDREN,

liability of carrier for injury to an unborn child,
197.

CHINESE EXCLUSION ACT,

construction of the, 97.
CITIZENSHIP,

Webster's law of, 326.

CLEVELAND, GROVER,

advice of, to young lawyers, 532.
COLLECTIONS,

improper methods of making, in Canada, 532.
COMBINATION,

in trade, illegal character of, 313.

in trade, with a view to refuse to sell goods to cer-
tain tradesmen, 501, 504.

CONDEMNATION,

whether the right of, applies to street railroad com-
panies, 159.

CONFLICT OF LAWS,

in the gift of chattels, 21.

action in one State on replevin bond given in an
other, 51.

as to usury on note, 218.

in the construction of wills, 287.
CONSIDERATION. See also CONTRACT.

moral obligation as a, for contract, 53, 109, 382.
CONSPIRACY,

what constitutes the crime of, 159.
action for, against dealers who combine to refuse to
sell goods to a retail dealer, 501, 504.
CONSTITUTIONAL LAW,

how far witness may be compelled to answer crimi-
nating questions under federal statutes, 1.
validity of municipal ordinance imposing a fine for
failure to remove ice from sidewalk, 2.
validity of Texas act providing that the special ap
pearance by a non-resident, is a voluntary appear.
ance, 70.

validity of taxation of message sent by telephone
from one State into another, 72.

what constitutes interstate commerce, outside the
operation of regulations by State railroad com-
missioners, 73.

CONSTITUTIONAL LAW-Continued.

validity of the Virginia meat inspection law, 137.
how far the power of a State over railroads is re-
stricted by legislative charters, 181.
decision of court does not enter into contracts made
thereafter and the subsequent reversal of the de-
cision does not therefore impair the obligation of
contracts in contravention of the constitution,
219.

validity of statute providing for cumulative voting
in the interest of minority representation, 239.
limitations upon the powers of States to impose
license tax upon peddlers, 286.

end of the original package, 325.

proposed constitution of Kentucky, 381.

privilege of witnesses from giving criminating tes-
timony under clause in the 5th amendment to the
constitution, 386.

constitutional right of attorneys to appear in court,

421.

constitutional right to mail service, 461.

CONTEMPT,

for violation of injunction, 317.

CONTRACT,

admissibility of parol evidence of usage and cus
tom to control a contract, 52.

moral obligation as a consideration for, 53, 109, 382.
when is void as in restraint of trade, 186.
for services as lobbyist whether void, 218.
validity of contract between rival companies
whereby the one refrained from doing business
within a certain territory for a certain period, as
in restraint of trade, 241.

whether suit for damages may be maintained for
malicious interference by stranger with the per-
formance of a, 265.

right of action for malicious interference by strang.
er with the performance of, 273.

refraining from the use of liquor and tobacco at the
request of another is a sufficient consideration for
a promise by the latter to pay a sum of money,

523.

CONTRIBUTORY NEGLIGENCE,

of traveler in failing to notice electric light wire, 99.
in admiralty, 138.

CONVEYANCING,

reform in the system of transferring real estate, 157.
Australian system of land transfer, 160.
COPYRIGHT,

nature of the international copyright bill, 97.

the Chicago Legal Adviser as an authority on, 265.
right to the use of one's own name which happens
to be the same as that of an established author,
285.

CORONER,

inquest of, where portions of the body of deceased
lle in two counties, 1.

CORPORATION,

inviolability of charter of gas light company as to
fixing charges for gas, 21.

removal of causes by, on the ground of residence,

22.

remedy for the loss of corporate stock certificates,

49.

remedy of stockholder who has lost certificate of
stock, 55.

powers and duties of receiver in proceedings against
stockholders for unpaid subscription, 100.
right of, to sue for libel, 149.

liability as stockholders of holders of corporate
stock as security, 237.

residence of a, within the rule as to jurisdiction of
federal courts, 354.

one who has contracted with a de facto corporation
cannot thereafter disregard its existence and sue
the stockholders individually, 354.

statutory amendments in Indiana as to the voting
of stock by stockholder, 381.

right of director of insolvent corporation to main-

CORPORATION-Continued.

tain an attachment against the corporation for a
debt owing to him, 403.

how far the charter of foreign corporation is valid
where obtained in another State for the sole pur-
pose of evading the laws of the State in which it
intends to do business, 404.

voting of corporate stock in Indiana, 421, 432.
abandonment of a lease by a quasi public corpora-
tion is ultra vires, 422.

pledgee of stock in whose name it stands on the
records has a right to vote same, but court of
equity will in a proper case compel the pledgee
to give the pledgor a proxy, 465.

where articles of corporation do not comply with
the statutory law the corporation is de facto and
subsequent stockholders are not liable as part-
ners, 484.

CORPSE,

right to the custody of, as between the next of kin
and an executor, 71, 130.

CORRESPONDENCE, 130, 190, 299, 493.

COURTS,

of judicial prolixity, 313.

retirement of judges for incapacity, 333.

a notable calf case, 346.

proprieties of the jury box, 353.

public character of the records of, 381.

ejection of Benjamin F. Butler, from the federal
court room, 421.

CRIMINAL LAW AND PROCEDURE,

right of one charged with homicide to give bail after
indictment and prior to trial, 25.
conviction for attempt to commit larceny where
the act itself was impossible of performance, 50.
effect of irrelevant remarks between the judge and
counsel in the trial of a case of homicide, 98.
the crime of rape, 102.

execution of promissory note in the name of ficti-
tious person or under assumed name, whether is
forgery, 198.

ingredients which enter into the crime of black-
mailing, 242.

commenting upon the lynching of Italian murder-
ers in New Orleans, 285.

territorial jurisdiction of criminal offenses, 318.
what constitutes a lottery within the meaning of
criminal statutes, 336.

error to allow prosecuting attorney to argue that
since defendant had not proved his good charac-
ter, therefore his character was bad, 336.
whether under an offense charged, conviction may
be had for an attempt to commit the crime, 382.
former jeopardy, former conviction and former ac-
quittal, 406, 427.

disturbance of religious worship in North Carolina,