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contract. Anderson v. Portland Flouring | lake will be correspondingly extended so Mills Co. (Or.)

235 long as such artificial condition exists. Id. NOTES AND BRIEFS.

7. If a person flood his own land by arti.

ficially raising the level of the waters of a Warehousemen; negotiability of receipts; navigable lake, and maintain that condition bailment of; rights of depositor. 236 for more than twenty years, and the publie

use and enjoy the lake in such new condiWARRANTS.

tion, the title to such lands, so far as necesSee SEARCH.

sary to maintain such condition, will rest in

the state by dedication. In such circumWARRANTY.

stances the artificial condition of the lake See BILLS OF LADING.

will be considered its natural condition, with all the incidents thereof.

Id. WATERS.

8. Daniages for the pollution of a stream Abandonment of, see ABANDONMENT.

by the discharge therein, through sewers con. Grant of Judicial Powers to Board of structed for the purpose, of the refuse water

Water Control, see CONSTITUTION- and excrement from washtubs, bathtubs, and
AL LAW, 5.

closets of the buildings of a prison associa. Pollution of, by County, see COUNTIES, tion, in which are quartered several hundred 2.

persons, may be recovered by a riparian ownWater Supply as County Purpose, see er who conducts a profitable dairy and butCOUNTIES, 3.

ter business, necessitating a plentiful supPresumption as to Ownership, see Evi- ply of pure water for his cows, and who also DENCE, 6.

uses the water for domestic purposes. TresDecision of Board of Control as to Pri- ett v. Prison Asso. of Virginia (Va.) 564 orities, see JUDGMENT.

9. No property right already accrued is 1. The declaration of state ownership of impaired by Wyo. Const. art. 8, § 1, providthe waters of the state, made by Wyo. Const. ing that the title to all the waters of the art. 8, § 1, does not invade any proprietary state shall be in the state, since an approright of the United States in such waters, priator of water acquires no title to the wa. since such claim of ownership was recognized ter itself while flowing in its natural chan. and approved by the act admitting the state nel, but only to the use of a limited amount to the Union, which expressly accepted, rati- thereof for beneficial purposes. Farm Infied, and confirmed the Constitution, and by vestment Co. v. Carpenter (Wyo.) later acts of Congress regulating the use of

10. Claimants whose rights had accrued such waters. Farm Investment Co. v. Carpenter (Wyo.)

747

prior to the adoption of Wyo. Const. art. 8, 2. The state of Montana has by necessary control having supervision of the waters of

§ 2, providing for the creation of a board of implication assumed to itself the ownership, the state, and Wyo. act Dec. 22, 1890, creatsub modo, of the rivers and streams of the ing such board and vesting in it power to adstate. Smith v. Deniff (Mont.)

707

judicate and determine priorities of rights, 3. Submerged lands of meandered lakes must submit proofs of their rights in the ad. within the boundaries of the state belong to judication proceedings, the same as claimthe state in trust for public use, substan- ants acquiring rights after the adoption of tially the same as submerged lands under the Constitution and statute.

Id. navigable waters by the rules of the common law; and the state cannot part with

11. The right to appropriate the water of such title to the detriment of such trust. a stream, conferred by the Montana statutes, Pewaukee v. Savoy (Wis.)

836 can be taken advantage of and exercised only 4. If a public street or highway exists so by one who has riparian rights either as

owner of the riparian land or through grant that its boundary line and the waters of a

of the riparian owner. Smith v. Deniff navigable lake meet, the riparian rights in

(Mont.)

737 cident to the land composing the street belong to the public. În such a situation

12. The water right of one who approthere is no zone of private right between the priates water for the purpose of using it upstreet and the lake, but the public right is on nonriparian lands in his possession, but continuous from the street to the waters of which he does not own, does not become apthe lake, and from the waters of the lake to purtenant to such lands without a conres. the street.

Id. ance in writing to the owner of the lands. 5. The title of the state to submerged

Id. lands under the waters of navigable lakes

13. The right of an appropriator to take will be extended so as to include lands cov. water from or over the land of another is in ered by an artificial raising of the level of the nature of an easement in gross, which the lake, if such artificial condition be con- may or may not be annexed or attached to tinued so long as to become the natural con- land on which the water is used as an apdition.

Id. purtenance thereto. 6. If a person artificially raise the level 14. The legislature cannot constitutionalof the waters of a navigable lake so as to ly delegate the power to fix prices at which flood his own lands, the public rights in the 'water shall be sold in a city, to the authori

Id.

ties of the city, which is itself a consumer | the portion that would otherwise go that
either in its municipal capacity or through way will not swell the portion going the
its inhabitants, without some provision for other, but will pass to the heirs as property
a judicial investigation of the reasonableness undisposed of by will, in the absence of a
of the rates fixed by such authorities. Agua clear intent to the contrary; but this rule
Pura Co. v. Las Vegas (N. M.)

224 does not apply where there is a bequest of a
15. A water company having a contract specific part of the net estate to one person,
right to lay water mains and pipes in city and all the rest and residue of the estate is
streets, and to distribute and sell water, ice, bequeathed by a residuary clause in general
etc., as it may deem fit, is excepted from the language, unless a clear intent to the con-
regulation of prices by ordinance under au- trary be manifest by the will. Harrington

307
thority of N. Ñ. Laws 1897, p. 124, by virtue

v. Pier (Wis.)
of a proviso that the act "shall not affect 4. Legacies will be made a charge upon
any contract now existing," since the rights the real estate of testator, where, at the
and privileges granted by the contract in time of making the will and at his death, he
clude the right to fix the price at which the had no personalty out of which to pay them.
company shall sell the water.
Id. Re Lutz (Mo.)

847
NOTES AND BRIEFS.

5. If, notwithstanding the failure of a

purpose requiring a conversion of realty into
Waters; rights of riparian owner; pollu- personalty to satisfy it, the intention is
tion of.

564 manifest in a will to accomplish a distribu-
State and Federal ownership of:-In gen: intent will accomplish the conversion of

tion of the estate in the form of money, that
eral; public rights limited; right to divert the realty into personalty in equity; and,
water in aid of navigation; illustrations of
the limitations on the powers of the trustee; quest will fall into the residuum, and go to

unless otherwise clearly indicated, a void be-
effect of constitutional or statutory asser-
tion of title to water; title as between state the residuary legatee if there be such. Har.
and United States.
737

307

rington v. Pier (Wis.)
Rights acquired in an artificial condition

6. The blending of real and personal
of a body of: - Contract rights; artificial property in one fund for all purposes of a
condition establ ned by grant; application

will strongly evidences an intent that the
of doctrine of riparian rights; prescriptive whole estate shall, at all events, be distrib-

Id.
rights; reciprocal rights; changing chan-

uted as personal property.
nels; public rights.

836 7. The doctrine of equitable conversion
Appropriation of; irrigation statutes.

does not apply where a will directs the con-

version of realty into personalty for a par-
748

ticular but void purpose; but, unless other-
Power to fix rates for; notice to parties wise clearly indicated by such will, such
affected; reasonableness of rates. 224 realty will pass to the heirs as property un-

disposed of thereby.

Id.
WATER TANK.
Maintenance of, in Street under Grant

NOTES AND BRIEFS.
for Railroad, see HIGHWAYS, 7.

See also CHARITIES; REAL PROPERTY.
As Nuisance, see NUISANCES, 1.

Wills; equitable conversion by; creating
WILLS.

trust.

309
Validity of Bequest for Temperance

Interpretation of; intent of testator;
Work, see CHARITIES, 5.

meaning of word "issue;" what law governs.
Descent of Specific Legacy Set Apart

361
for Minor, see DESCENT AND Dis.

848
TRIBUTION, 2.

Charging legacy on real property.
Effect of Devise of All Realty on Pre-

Vesting of estate created by; legacy pay.
sumption of Charge on, see Evi- able at certain age.

664
DENCE, 25.
Estate Tail, see REAL PROPERTY, 2, 3. WITNESSES.
Executory Devise Limited on Indefinite Expert, see EVIDENCE, 14, 15.
Failure of Issue, see REAL PROPER-

WRIT AND PROCESS.

Service on Corporation Where no Desig.
1. A will is to be construed by the law

nation, see CONSTITUTIONAL LAW,
existing at the time of the testator's death,

21.
when the will takes effect. Hertz v. Abra- See also CONSTITUTIONAL LAW, NOTES
bams (Ga.)

361

AND BRIEFS.
2. The intention of a testator must yield

Service upon the superintendent of in-
to the rules of law, when he uses words surance, of a summons to a foreign insur-
which clearly create one estate, though he ance company, does not give the state courts
designed another.

Id.

jurisdiction of an action on a policy wholly
3. If the residue of an estate be divided executed in another state, although the com-
by the terms of the will, and a part, as such, pany had at one time been authorized to do
be willed to one person, and a part, as such, business in the state, and had filed with the
to another, and the will be void as to one,'superintendent the written consent to such

TY, 4.

sons causing a loss of insured fixtures, by, unlawful for the proprietor of any saloon or consenting to exclude any claim for them place where intoxicating liquors are sold, from the consideration of the jury and from his clerks, agents, or employees, to enter the damages recovered in an action by him such place for any purpose on Sunday withagainst the party causing the loss to recov-out first obtaining a written permission er damages to other larger interests than from the mayor or recorder of the town the fixtures, will thereby lose any right of stating the length of time he may remain action against the insurer on account of the in the saloon, is void because unreasonable fixtures under a policy providing that on and vesting an arbitrary discretion in the payment of a loss the assured shall assign mayor or recorder. Newbern v. McCann his claim against the party causing it, or (Tenn.)

476 prosecute it at the request and expense and for the benefit of the insured. Packham v. ITINERANT VENDERS. German Fire Ins. Co. (Md.)

828 Regulation and License of, see CONSTINOTES AND BRIEFS.

TUTIONAL LAW, 27; LICENSE, 2, 3. Insurance; rules of construction of policy.

One engaged in selling goods temporarily 99 or transiently at any place is an itinerant

vender within the meaning of R. I. Gen. Effect of fraud; stipulations against fraud Laws, chap. 163, as amended by Pub. Laws, as a defense.

775

chap. 326, requiring license for such temEffect of change of title to property; sev. porary or transient business, notwithstanderable insurance.

834 ing the fact that he is carrying on an estabRight of subrogation ; effect of compro- lished and permanent business elsewhere in mising action.

829

the state. State v. Foster (R. I.) 339 Life insurance as assets of bankrupt or in.

JOINDER. solvent:- (1.) Scope of note; (II.) bank

See ACTION OR SUIT, NOTES AND BRIEFS. ruptcy or insolvency of insured or assignor of policy: (a) policy payable at death of insured:

JOINT DEBTORS. (1) policy payable to insured or his estate or personal representatives; (2)

NOTES AND BRIEFS. policy payable to wife of insured; (3) poli. cy assigned or made payable to creditor: Joint debtors; due process in service on. (a) in general; (b) necessity of notice of

577 assignment; (c) sufficiency of notice of as- JOINT-STOCK COMPANY. signment; (d) time of notice of assigninent; (e) extent of creditor's interest; A joint-stock company organized in the (4) policy assigned to other than creditors; state of New York by an agreement between (b) policy payable at specified date unless its members, and existing independent of insured dies sooner: (1) policy payable to any public grant or franchise, is not a corinsured if living; otherwise to his estate or poration, but a partnership. State ex rel. personal representatives; (2) policy paya.

Railroad & W. Com. v. United States Exp. ble to insured if living; otherwise to wife,

Co. (Minn.)

667 child, or other relatives; (3) policy payable to wife at maturity; (III.) bankruptcy or

JUDGES. insolvency of beneficiary or assignee; (IV.) Right to Law Reports Distributed to, summary.

33

see COUNTIES, 1. Forfeiture of benefit certificate by default of subordinate lodge.

111 JUDGMENT. Divorce as affecting wife's right to insur

Reversal of, as to Unconstitutionality of

Statute Amended Pending Appeal, ance upon her husband's life:-Ordinary

see APPEAL AND ERROR, 15. policies of life insurance; benefit certificates; character of divorce.

552 The decision of the board of control creOn life; payable to wife; effect of di- ated by Wyo. act Dec. 22, 1890, in proceed

553 ings to determine priorities of rights in the Against fire; conditions in policy; provi; the rights of a claimant who, upon due no

waters of the state, is not res judicata of sion as to arbitration.

557

tice, fails to appear and submit proofs of Proceeds of, as real estate.

681 his claims; and he is not estopped from as. INTEREST.

serting his rights in the courts, since the

statute imposes no penalty for a failure to Interest on the amount of damages recov- appear, and there is no express limitation ered against a carrier for delay in deliver- upon the further assertion of his rights by ing goods will not be allowed. Illinois C. legal proceedings. Farm Investment Co. v. R. Co. v. Southern Seating & C. Co. (Tenn.) Carpenter (Wyo.)

747 729 INTERSTATE COMMERCE.

JUDICIAL NOTICE. See COMMERCE.

See EVIDENCE.
INTOXICATING LIQUORS.

JUDICIAL SALE.
An ordinance providing that it shall be See LEVY AND SEIZURE.

vorce.

cannot be subjected to a prohibitory license LIMITATION OF LIABILITY. tax under a charter provision that the city See CARRIERS, 1, 8-11. shall have authority to levy and collect a license tax upon all persons exercising any LOCAL SELF-GOVERNMENT. profession, trade, or calling in the city, and As Part of Constitution, see CONSTITUto make all suitable laws and regulations

TIONAL LAW, 3. necessary and proper to enforce payment of Establishment of Board of Police Com. the tax, and to prescribe suitable penalties

missioners by Statute, see MUNICIfor a violation thereof; and the fact that

PAL CORPORATIONS, 1. some money lenders practise usury does not render the business injurious per se. Mor

NOTES AND BRIEFS. ton v. Macon (Ga.)

485

Local self-government; in Rhode Island. 2. A license law, the main purpose of

330 which is the regulation of the business of LODE. temporary and transient dealers, is not un- Driving Tunnel through Prior Lode, see constitutional because it is made to some

MINES, 1, 2. extent a means of revenue. State y. Foster Locating Lode Claim within Boundaries (R. I.)

339

of Unpatented Placer Claim, see 3. The restrictions and license fees on the

MINES, 3-5. business of temporary and transient dealers are not so unreasonable and burdensome as

LOOKOUT. to amount to an unconstitutional prohibi

Ordinance Requiring, see STREET RAILtion of a legitimate and harmless business,

WAYS, 2. when they require a special deposit of $1,

By Boy, see RAILROADS, 4. 000, the payment of a state license fee of $200 for three months, and of from $100

LOSS. to $350 for a local license.

Id.

Of Buildings Burned after Contract of

Sale, see VENDOR AND PURCHASER. NOTES AND BRIEFS. Licenses; oppressive and prohibitory. 340 MANDAMUS. Imposing license tax on dealers; distin

1. In a mandamus proceeding to compel guished from tax on property.

87 the publication of a proposed constitutional Tax on occupations; effect on commerce. amendment by the secretary of the common

685 wealth, as required by the Constitution, it is LIENS.

no defense that no appropriation of moneys Waiver of, by Owner of Chattel Mort- to defray the cost of publication has been

gage, by Attaching Property, see made, where it is not shown that any newsMORTGAGE, 2.

påper has refused to make the publication

without being paid. Com. ex rel. Elkin v. NOTES AND BRIEFS.

Griest (Pa.) 568. Liens; waiver of lien by attachment or 2. Mandamus is the proper remedy to comexecution :-(I.) Liens not depending upon pel a railway company to repair an over: possession; (II.) liens depending upon pos- head bridge, the erection of which was made session.

714 necessary by the occupation of the street by

the railway tracks, since there is no other LIFE INSURANCE.

plain, speedy, and adequate remedy. State See INSURANCE.

ex rel. St. Paul v. Minnesota Transfer R. Co. (Minn.)

656 LIMITATION OF ACTIONS.

NOTES AND BRIEFS. 1. All privileges or franchises granted by

Mandamus; application for; establishing any municipal corporation are made abso- right to; rights of relator.

570 lutely valid after six years from the date Precluded by other remedy.

656 of the grant, by N. M. act February 23, 1893, unless suit to vacate or annul them MASONS. is brought within six months after the Taxation of Lodge Building, see TAXES, passage of the act. Agua Pura Co. v. Las

5. Vegas (N. M.)

224 2. Restating the circumstances of an in. MASTER AND SERVANT. jury as the evidence develops them is not

Station Agent Riding Home, as Passen. within the rule that, in case of an amended

ger, see CARRIERS, 5. petition setting up an entirely new and dis

Employee Using Pass, as Passenger, see tinct cause of action, the statute of limita

CARRIERS, 6. tions will not cease to run until it is filed.

1. A railroad company which substitutes Cincinnati, N. 0. & T. P. R. Co. v. Gray (C. a so-called “automatic” switch for those in C. App. 6th C.)

47 ordinary use, which is not intended to opNOTES AND BRIEFS.

erate itself except in cases of emergency,

and, if not properly operated, may under Limitation of actions; time of attacking certain circumstances be very dangerous, franchise,

226 must instruct employees or promulgato

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