3. A city ordinance requiring an applicant for a license to sell milk within the city to consent that the dairy herd from which he obtains his milk be inspected by the commissioner of health of the city, although such herd is kept outside the city limits, is authorized by Minn. Gen. Laws 1895, chap. 203, authorizing the city council of any city to provide by ordinance for the inspection of milk and dairy herds kept for the production of milk within the city limits, and to issue licenses for the

sale of milk within such limits.

Id.

LIENS. See also CONTRACTS, 4: INTEREST, 2; PAYMENT, 2; VENDOR AND PURCHASER. 1. Legal or other services rendered in acquiring rights of way for a railroad do not constitute "services" within the meaning of a lien law. Richmond & I. Constr. Co. v. Richmond, N. I. & B. R. Co. (C. C. App. 6th C.) 625

LIMITATION OF ACTIONS. See also
CONSTITUTIONAL LAW, 9; EVIDENCE, 24;
TIME.

of a part of the monthly wages earned by a
1. Regular payments for a period of time
servant, who has been working for his em-
ployer for several years without a settlement,
will make the account mutual for the purpose
of determining whether any part is barred by
the statute of limitations. Hay v. Peterson
(Wyo.)
581

who shall have become nonresidents of the 2. A statute providing that defendants state" after a cause of action has arisen in the state shall not have the benefit of a statute of limitatious is retrospective, at least as applied to the cause of action and residence of the defendant, and covers a case of one who had previously obtained the opening of a judgment to enable him to interpose the statute of limitations. Bates v. Cullum (Pa.) 440

NOTES AND BRIEFS.

Limitation of actions; retroactive effect of statute; effect of absence from state. 440 LOCAL GOVERNMENT. See OFFICERS, 2.

2. Materials not actually used or delivered
to a contractor are not "furnished" for the
purpose of creating a subcontractor's lien, al-
though they were worthless for any other pur-
pose, and were prepared for the contractor un-
der a contract which he broke by refusing to LOCOMOTIVE. See EXPLOSIONS.
accept them.

LOCAL OPTION. See MUNICIPAL COR-
PORATIONS, NOTES AND BRIEFS; STAT-
UTES, 15, 16.

Id.

3. A lien for furnishing new material and MAIL. See SERVICE. replacing it in a bridge cannot be claimed by a subcontractor whose employees by negligence had made the new material and work necessary.

Id.

MAJORITY. See MUNICIPAL CORPORA-
TIONS, 1; PARLIAMENTARY LAW, 2;
VOTERS AND ELECTIONS, 5, 6.

4. Procuring rights of way for a railroad is not the furnishing of materials within the MANDAMUS. meaning of a lien law.

Id.

1. Mandamus will not lie to compel the secretary of the electoral board to permit memoranda to be taken from records in his possession which may be properly copied, until it is shown that such right has been denied. Gleaves v. Terry (Va.) 144

5. The agreed contract price of railroad construction payable in bonds should be di minished, for the purpose of limiting the amount of subcontractors' liens, by the amount of unpaid interest which the contractor had | agreed to pay on the railroad bonds in order 2. Mandamus to compel the state board of to maintain the credit of the railroad company regents to comply with the provisions of a until after completion of the road. Id. statute as to the location of a department of 6. Money expended by a subcontractor in the state university does not lie at the suit of a paving salaries of its corporate officers and private citizen who has not obtained permisoffice expenses and to secure a guaranty on its sion from the court to apply for the writ.

Money; Making bonds payable in gold. 541 MORTGAGE. See also CORPORATIONS, 4; INSOLVENCY, 1; RECEIVERS.

which must be made by the holders of 1. A request to foreclose a mortgage, $2,000,000 in amount of bonds, is not valid when made only by the holder of $1,700,000, who is not in fact the owner of them, but holds them subject to the order of another, and who claims to represent the owners of other bonds for which the party he represents had a mere contract to purchase. Farmers' Loan & T. Co. v. New York & N. R. Co. (N. Y.)

76

MUNICIPAL CORPORATIONS. See

also BONDS, 6, 7; CONTRACTS, 10-12; COUNTIES, 2, 3; COURTS, 4, 5; DRAINS AND SEWERS; ESTOPPEL, 3, 4; GARBAGE, 1; HIGHWAYS, 2; LEVEES, 5; LICENSE; OFFICERS, 2-4; PARLIAMENTARY LAW; PUBLIC GROUNDS, 2; STATUtes, 7; VotERS AND ELECTIONS, 1, 2, 5, 6; WATERS,

2.

1. A recovery of the agreed rental, and not merely of unliquidated damages, can be had by the lessor on failure to drill an oil or gas well as agreed by a lessee who promises that on such default he will pay a specified rental. Woodland Oil Co. v. Crawford (Ohio) 1. An ordinance which does not receive 62 the votes of a majority of the members elect 2. The forfeiture of an oil and gas lease is of a city council is defeated under Kan. Gen. for the benefit of the lessor and at his option, Stat. 1839, ¶ 765. Illinois Trust & Sav. Bank although the lease provides that failure on the. Arkansas City (C. C. App. 8th C.) part of the lessee to complete a well or wells as specified or to pay the rental as provided "shall render this lease and agreement null and void, together with all rights and claims, and not binding on either party, and not to be revived without the consent of both parties hereto in writing."

Id.

518

2. A contract may be made upon motion or by resolution by a city council, under statutes authorizing it to contract, but not requiring an ordinance therefor.

Id.

3. The presentation to a city council in open session, by a private party named as grantee in a defeated ordinance, of a written

Distinction between resolution and ordi522 nance; contract for period of years. Rules of parliamentary law in passing ordi469

nance.

Validity of ordinance regulating business. 319

Delegation of power to; local option under constitutional provision against special laws. 777

acceptance of the terms of the ordinance and
a bond to construct waterworks accordingly,
the construction of the work and location
of the hydrants by such grantee under direc-
tion of the city council, the actual acceptance
and use of the works by the city when com-
pleted, and the passage by the council of a
formal resolution accepting such works,-con-
stitute a binding contract for the construction
and operation of the works according to the
terms of such ordinance between the city and
the grantee therein.
Id.
4. The remainder of a divisible contract of
a municipal corporation may be enforced, al-
though part of such contract is ultra vires,
but neither malum in se nor malum prohibitum,
unless it appears from a consideration of the NE EXEAT.
entire agreement that it would not have been
made independently of the part which is void.
Id.

5. A city of the second class in Kansas has power to contract with a private party for the construction and operation of waterworks and for the payment of rent for the use of hy drants, and to grant to such a party the use, not exclusive, of its streets for the purpose of aying pipes to conduct the water. Id.

6. A city of the second class under the power given by Kan. Gen. Stat. 1889, 7185, to contract for and procure the construction of waterworks, may contract for such construction and lease of hydrants for a term exceeding the single year during which the Id. members of its council hold office.

7. A municipal corporation which has contracted with a private corporation for a water supply as authorized by Pa. act May 23, 1874, cannot subsequently proceed to erect a plant of its own, as it is authorized to do by another section of the act, but in case it wishes to own a waterworks plant it must proceed, under $50 of the act, to acquire the one belong ing to the other contracting party. White v. 567 Meadville (Pa.)

8. A municipal corporation has no proprietary rights in streets, levees, or other pub lic grounds within its territorial limits, but whatever rights it has in them are held merely in trust for the public. St. Paul v. Chicago, M. & St. P. R. Co. (Minn.)

184

Extent of police power; delegation of power; regulation of business by; creation of monop279 oly.

Grant of exclusive franchise by.

567

671

NOTES AND BRIEFS. As imprisonment for debt. Municipal taxation of rural lands within the limits of the corporation:-(I.) Validity of exemption or discrimination in rates; (II.) construction of statutory exemption or discrimination; (III.) right to repeal exemptions; (IV.) validity of taxation of farm lands; (V.) power of courts; (VI.) what property is taxable; (VII.) power of municipality to exempt; (VIII) original incorporation; (IX.) assessments; (X.) method of raising question.

193

NEGLIGENCE. See also CARRIERS, 3-6;
DAMAGES, 6; ELECTRICAL USES AND AP-
PLIANCES, 1-4; EVIDENCE, 10-14, 28; Ex-
PLOSIONS; HIGHWAYS, 1, 2; LANDLORD
AND TENANT, 6, 7; MASTER AND SERV-
ANT; STREET RAILWAYS, 2-4; TELE-
GRAPHS, 1; TRIAL, 7-11, 15.

1. The owner of a building is bound, so far as the exercise of ordinary care will enable him to do so, to keep it in such condition that it will not, by any insecurity or insufficiency for the purpose to which it is put, injure any person rightfully in, around, or passing it, but he is not an insurer against accident from its condition. Ryder v. Kinsey (Minn.)

557

2. The liability of the owner of a building for damages occasioned by its ruin, declared by La. Rev. Civ. Code, § 2322, when caused 9. Land within the limits of a town, al- by vice in its original construction or neglect though it has never been divided into build- to repair it, is limited by the terms of art. 670, ing lots, is subject to municipal taxation if it which must be construed with the former secis near railroad depots and shops, has convention, and which names "the neighbors or pasient access to the highways, and lies only a short distance from the business portion of the town, so that it enjoys the police protection and other benefits of the town. Briggs v. Rus sellville (Ky.) 193

10. The presentment of a claim against a city for injury or damage to person or property, which by Neb. Comp. Stat. art. 2, chap. 14, 34, must be in writing and verified, is a condition precedent to the maintenance of an action for such injury. Hastings v. Fox worthy (Neb.)

NOTES AND BRIEFS. Municipal corporations; distinguished towns and counties.

321

sengers" as those to whom the owner must respond for injuries by the fall of the building or any portion of its materials, and injuries to occupants of the building or guests therein are excluded. McConnell v. Lemley (La.)

609

3. A member of a surprise party visiting the tenant of a building for the purpose of spending an evening in social amusement cannot, if injured by means of a falling gallery, recover damages of the lessor, under La. Rev. Civ. Code, arts. 670, 2322, but the remedy, if any could be allowed, would be against the Id.

tenant.

4. A railway company permitting children from to come into its yard at noon to bring dinners 674 to their fathers employed there, and to cross a

2. The power to pardon after conviction of crime which is conferred upon the governor and other specified officers by Fla. Const. art. 3. The power to designate the local author- | 4, in all cases except impeachment and treason, ity who shall appoint local officers, conferred is exclusive of the legislative power to grant a on the legislature by N. Y. Const. art. 10, § 2, pardon by statute.

ness under the firm name.
man (Cal.)

NOTES AND BRIEFS.

Pardon; as affecting enhanced punishment 402 for later offense.

Legislative power to grant pardon or amnesty: -(I.) After conviction; (II) before conviction; (III.) incidental or implied pardon. 251

PARENT AND CHILD.

An adopted child is the "lawful issue" of a person within the meaning of a will making a gift to such person with remainder | to his "lawful issue," under R. I. Pub. Laws 1866, chap. 627, making an adopted child for all purposes of inheritance and all other legal consequences and incidents a child of the parents by adoption the same as if born in lawful wedlock, except that he shall not take property expressly limited to "the heirs of the body or bodies" of such parents. Hartwell v. Tefft (R. I.) 500

NOTES AND BRIEFS.

Rights of adopted child as "lawful issue."
500

PARKS AND SQUARES. See also Es-
TOPPEL, 4.

NOTES AND BRIEFS.

Parks; dedication of; nonuser; acceptance: estoppel to deny dedication. 734

PARLIAMENTARY LAW. See also
STATUTES, 2, 3.

Philbrook v. New

265

2. A contract is not void as allowing surviving partners to fix their own purchase price of the interest of a deceased partner, when it permits a representative of his estate to participate in the inventory, fixes a definite

amount for the value of store and office fixtures, and provides that the merchandise shall be taken at its actual value, not exceeding the original cost, and solvent debts be taken at ld. their face value.

3. The basis for fixing the purchase price of a deceased partner's interest is fixed by articles of partnership at the inventory and appraisement provided for therein to be taken annually as the basis of estimating profits, where the articles further provide that in the event of the death of one partner "the inventory provided for herein shall be taken as expeditiously as possible," allowing a representative of the estate to participate in the business until all is settled, and providing that the amount ascertained to be due the estate shall be paid in twelve equal monthly instalments, but giving the surviving partners an option to retain the estate in the partnership. [Court equally divided on this point.] Id.

NOTES AND BRIEFS.

See also BONDS.

Rights of firm creditors on insolvency of partner. 378 PARTY WALL. See COVENANT, 4. PATENTS. See CONTRACTS, 8.

PAYMENT. See also Evidence, 6.

1. A payment of a debt or judgment during the Rebellion, in Confederate money, was valid and settled the debt or judgment in full where it was accepted. Hendry v. Benlisa (Fla.)

283

The indefinite postponement of the consideration of an ordinance to authorize a certain company to lay railway tracks in specified streets does not prevent the subsequent passage at the same session of another ordinance granting the same company the right to lay tracks on streets many of which are the same as were named in the prior ordinance but containing new provisions as to the connection of the new 2. Payment in bonds under a contract by tracks with an existing system and various other provisions for a more efficient protection an embarrassed railroad contractor to pay a of the public interest, although a rule of pro- construction company for completing the concedure prohibits action during the session on tract $1 for each $1 expended and an equal the "same subject" after a question has been amount in bonds of the railroad company, indefinitely postponed. Zeiler v. Central R. which were worth about 40 per cent of their Co. (Md.) 469 face value when the contract was made, and greatly depreciated thereafter, will be applied ratably on the lienable and nonlienable expenditures, and the part applicable to the former, like other payments to subcontractors, will be applied on the excess of the claim over the security of the subcontractor's lien. Richmond & I. Constr. Co. v. Richmond, N. 1. & B. R. Co. (C. C. App. 6th C.)

2. The two thirds of the members of a branch of a municipal government which are required by a rule of procedure in order to dispense with one of the regular readings of a proposed ordinance need not be two thirds of all the members of the body but only two thirds of the members voting, if they are not less than a majority, and the majority constitutes a quorum.

PARTNERSHIP.

Id.

See also BILLS AND
NOTES, 3; BONDS, 3; INSOLVENCY, 3, 4;
LEVY AND SEIZUre, 1.

1. The goodwill of the business passes to surviving partners upon their purchase of the interest of the deceased at its inventoried and appraised value, under a provision of articles of association giving them and their successors the right and privilege of continuing the busi

625

PEDDLERS. See CONSTITUTIONAL LAW,
17; COURTS, 3.
PENALTY.

NOTES AND BRIEFS.
Penalty; imprisonment for, as imprisonment
for debt.

651 PERMANENT INSURANCE. See AcTION OR SUIT, 2; INSURANCE, 9.