LIMITATION OF ACTIONS. See also of a part of the monthly wages earned by a 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.who shall have become nonresidents of the 2. A statute providing that defendants Gen. Laws 1895, chap. 203, authorizing the state" after a cause of action has arisen in the city council of any city to provide by ordi- state shall not have the benefit of a statute of nance for the inspection of milk and dairy limitatious is retrospective, at least as applied herds kept for the production of milk within to the cause of action and residence of the the city limits, and to issue licenses for 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 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. Rich mond, N. I. & B. R. Co. (C. C. App. 6th C.) 625 2. Materials not actually used or delivered to a contractor are not "furnished" for the purpose of creating a subcontractor's lien, although they were worthless for any other purpose, and were prepared for the contractor under a contract which he broke by refusing to accept them. Id. NOTES AND BRIEFS. Limitation of actions; retroactive effect of LOCAL OPTION. See MUNICIPAL COR- LOCOMOTIVE. See EXPLOSIONS. MAJORITY. See MUNICIPAL CORPORA- 3. A lien for furnishing new material and replacing it in a bridge cannot be claimed by a subcontractor whose employees by negligence had made the new material and work necessary. Id. 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 to maintain the credit of the railroad company until after completion of the road. Id. 6. Money expended by a subcontractor in paying salaries of its corporate officers and office expenses and to secure a guaranty on its 2. Mandamus to compel the state board of regents to comply with the provisions of a statute as to the location of a department of the state university does not lie at the suit of a private citizen who has not obtained permission from the court to apply for the writ. Sterling v. Regents of the University of Michi- MASTER AND SERVANT. See also A "carpenter gang" whose duty it is to replace the planks about a machine called the "bloom rolls," after their removal for the purpose of attaching new rolls, are not fellow servants of one employed to oil the machine, and their negligence in replacing the planks is chargeable to the master. Eingartner v. Illinois Steel Co. (Wis.) NOTES AND BRIEFS. 503 MINES. See also LANDLORD AND TENANT, 1. 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) 62 2. The forfeiture of an oil and gas lease is for the benefit of the lessor and at his option, although the lease provides that failure on the 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. Money; Making bonds payable in gold. 541 MORTGAGE. See also CORPORATIONS, 4; INSOLVENCY, 1; RECEIVERS. 1. A request to foreclose a mortgage, which must be made by the holders of $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 2. A stipulation in a mortgage that the mortgagor shall pay within the time prescribed by law all taxes upon the premises does not make the mortgagor liable for all taxes in case of the subsequent passage of a law requiring the mortgagee to pay those properly leviable against his interest. Fuller v. Kane (Mich.) 308 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 direction of the city council, the actual acceptance and use of the works by the city when completed, and the passage by the council of a formal resolution accepting such works,-constitute 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. Distinction between resolution and ordinance; contract for period of years. 522 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 Extent of police power; delegation of power; regulation of business by; creation of monopoly. 279 Grant of exclusive franchise by. 4. The remainder of a divisible contract of a municipal corporation may be enforced, although 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 members of its council hold office. Id. 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. Meadville (Pa.) 567 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 NOTES AND BRIEFS. As imprisonment for debt. 567 671 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; 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 for damages occasioned by its ruin, declared 2. The liability of the owner of a building 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 prop erty, 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 track for that purpose, does not become liable | if the election or appointment of such officers for injury to a seven-year-old boy who, while is not provided for by that Constitution, does returning from such errand, ran under one of not authorize the enactment of N. Y. Laws some standing freight cars to get a ball on re- 1896, chap. 427, providing that the police board quest of one of several employees who were of the city of Albany shall consist of four throwing and catching it and was hurt by the commissioners of whom two shall belong to sudden moving of the cars, which were struck the political party having the highest repreby an engine at some distance from the place sentation in the common council, and the where he was, while it does not appear that other two to the party having the next highest the employees in charge of the engine knew or representation therein, and that each member had reason to know of his position, if there of the council shall be entitled to vote for only was a perfectly safe way for the children to two of such officers, since the minority which pass and repass without going upon the tracks is thus given power to appoint two of the comwhere the cars were standing, and no occasion missioners is not a city authority within the for their going under the cars at all. Savan- meaning of the Constitution. Id. nah, F. & W. R. Co. v. Waller (Ga.) NOTES AND BRIEFS. 459 OFFICERS. See also CIVIL SERVICE; 1. One appointed by the governor to the office of lieutenant governor after the death of the original incumbent will hold for the remainder of the unexpired term, under Cal. Const. art. 5, § 15, providing that a lieutenant governor shall be elected at the same time, place, and manner, and for the same term as the governor, and § 8 providing that when any office shall become vacant the governor may fill such vacancy by granting a commission to expire at the next election by the people." People, Lynch, v. Budd (Cal.) 46 2. The right of local self government is violated by N. Y. Laws 1896, chap. 427, which prevents majority rule in the selection of local officers by providing that each member of the common council shall vote for but two of the four police commissioners to be chosen, and that no person shall be eligible to the office who does not belong to the political party having the highest or next highest representation in the council, and that in case the board cannot agree in continuing in office the present force before a certain date the police force shall cease to exist, except a certain person who was senior captain on a specified day, who shall be chief of police until the board shall agree. [Per Gray and O'Brien, JJ.] Rathbone v. Wirth (N. Y.) 408 4. A statute making any person ineligible to appointment as police commissioner who did not belong to the party having the highest or next highest representation in the common council, which must appoint two from each of those parties, is in violation of N. Y. Const. art. 1. § 1, declaring that no member of the state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers, and art. 13, § 1, probibiting any oath, declaration, or test as a qualification for office. [Per O'Brien, J.] Id. 5. A supervisor is liable on grounds of public policy for public money lost by the failure of a firm of private bankers with whom he had deposited, although he acted in good faith and without negligence. Tillinghast v. Merrill (N. Y.) NOTES AND BRIEFS. 678 1. A restoration of competency to testify as a witness which was lost by conviction of a crime cannot be made by legislative act where the Constitution confers the pardoning power upon a board consisting of the governor and several associates. Singleton v. State (Fla.) 251 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. ld. ness under the firm name. man (Cal.) NOTES AND BRIEFS. Pardon: as affecting enhanced punishment for later offense. 402 Legislative power to grant pardon or amnesty: (I.) After conviction; (II) before convic tion; (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. 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 their face value. ld. 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 expedi tiously 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.] NOTES AND BRIEFS. Parks; dedication of; nonuser; acceptance: See also BONDS. estoppel to deny dedication. 734 PARLIAMENTARY LAW. See also STATUTES, 2, 3. 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 tracks with an existing system and various other provisions for a more efficient protection of the public interest, although a rule of procedure prohibits action during the session on the same subject" after a question has been indefinitely postponed. Zeiler v. Central R. Co. (Md.) 469 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. Id. PARTNERSHIP. 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 Id. Rights of firm creditors on insolvency of partner. 378 PARTY WALL. See COVENANT, 4. PATENTS. See CONTRACTS, 8. PAYMENT. See also EVIDENCE, 6. ing the Rebellion, in Confederate money, was 1. A payment of a debt or judgment durvalid and settled the debt or judgment in full where it was accepted. Hendry v. Benlisa (Fla.) 283 2. Payment in bonds under a contract by an embarrassed railroad contractor to pay a construction company for completing the contract $1 for each $1 expended and an equal amount in bonds of the railroad company, which were worth about 40 per cent of their 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 forwill be applied on the excess of the claim over mer, like other payments to subcontractors, the security of the subcontractor's lien. Richmond & I. Constr. Co. v. Richmond, N. I. & B. R. Co. (C. C. App. 6th C.) 625 |