Paul, the greatest of the apostles and a very profound juris consult, commended charity above all other spiritual manifestations. What he commended is always good law and good morals as well. It would not be wise to dry up the well-springs of the noblest of human emotions, and therefore salus populi suprema lex. It is the duty of the government to protect, educate and care for the child, the sick, the weak, the insane, and the defenseless. Therefore, the argument above noted that whoever steps into the place of the government should receive the immunity of government or of the parent is a good one, as far as it extends, and opens up to view the ground of immunity of parents who take the place of government in the education of their children. Ubi eadem ratio ibi idem jus (like reason makes like law). To those who may think it hard that an institution should hold its funds immune from attack for its negligent acts, we may suggest in passing that the law does recognize some wrongs without remedy. The maxim rex non potest peccare (the government can commit no wrong) has barred many a recovery. The maxim salus populi is of greater significance than ubi jus, ibi remedium (there is no wrong without remedy). The maxim we are considering, qui sentit commodum, sentire debet et onus is but another illustration of a wrong without a remedy, because the converse of that maxim, that he who does not receive the benefiit, ought not to bear the loss, is founded in convenience and necessity, and must be the law.

It may be mentioned in closing that as a number of the cases above cited, show that persons in charge of public and charitable institutions are liable personally for their own negligence, this line of thought can be worked out under the leading cases of Coggs v. Bernard, 1 Smith Lead. Cas. 360, 471; McManus v. Crickett, 1 East. 106.

make up the best opinions of modern times; we say these principles are sufficient in themselves to guide wise and good men educated in the law to do justice. In them and their proper construction there is constitution enough for any government outside of mechanical structures. A careful perusal of Hughes on Procedure, which is constructed upon the maxims and judgments of the above mentioned great law givers, would furnish material and information enough if understood and conserved. All this seems to be understood by the author of this pamphlet, for he says on page 6. "A thorough knowledge of basic principles, as a guide, is essentially necessary to a proper construction of a rule of procedure to be built upon them. The work of the legislator is a species of composit labor, necessitating a knowledge of local history, of sociological conditions, and of substantive law; and, to secure a higher degree of excellency, the highest moral and intellectual attainments are required. Mr. Stuart Mill, than whom as a student of mental philosophy, none takes a higher rank, says: There is hardly any kind of intellectual work so much needs to be done, not only by experienced and exercised minds, but by minds trained to the task through long laborious study, as the business of making laws.'"

It is the highest duty of the statesman and the patriot, and it ought to be the highest pleasure of the editor who seeks to mould public opinion, to educate the public mind up to a higher, a purer and more ex. alted conception of the duties to be performed by the legislature. The first, the all important, the paramount duty of the delegates, whose duty it will be to draft a constitution for the people of Oklahoma, will be the proper construction of the legislative branch of the state government. If this department shall be properly constructed, all the troublesome questionsthe liquor traffic, the school lands and funds, the much talked-about railroads, and all matters of like importance will be properly taken care of and solved to the entire satisfaction and contentment of the general public.

JETSAM AND FLOTSAM.

THE ADVISORY SESSION.

This is the title of an able pamphlet by Mr. Virgil M. Hobbs of Oklahoma and is put forth in the interest of the establishment of good government in the coming state of Oklahoma. He proposes several constitutional provisions which are drafted and set forth. The whole tenor of the pamphlet breathes forth a spirit of purity and reform and many of the suggestions seem to be inspired by that patriotic spirit which should pervade the assembly which is intrusted with matters of such vast importance to the coming state. There is nothing so important to a state as its laws, the due administration of which is government. This pamphlet calls attention to the danger of too much law. The fact is that the fundamental principles preserved in the great maxims as gathered by Ulpian and preserved by Justinian in the Pandects which Tribonian chiefly edited, approved and adopted by Charlemagne and conserved by Francis Bacon, the wisest man of the ages and greatest lawyer and inculcated in the decisions of Mansfield, Kenyon and Ellenborough, to purify the laws in a time of great need in England; appreciated and adopted in the works of Story and Kent, guiding the great decisions of Marshall, Story, and Shaw, and the decisions of the Supreme Court of the United States and many of the state courts, particularly in the earlier days, and which

BOOK REVIEWS.

MCQUILLIN'S MISSOURI PRACTICE.

Matters of procedure and practice, in these days of laxness in such matters, are not given that close attention which attorneys under the old common law were wont to exercise. Lawyers, for some unaccountable reason, have come to discount the importance of rules of practice and of procedure, failing to recognize that procedure is the executive arena of jurisprud ence and therefore the life of the law. What a useless heap of clay is that wonderful mechanism known as the human body without that active principle which we call life. So also is the law only a heap of useless rubbish, except as the active element of procedure enters in and gives it life. For this reason it has been said by a great jurist that procedure is the backbone of the law; indeed the very essence of government. In the view we have given it is readily seen that this statement is not as great an exaggera. tion as it might seem to be on first impression. We are, therefore, always inclined to regard any great work on pleading, practice or procedure, with more interest than many lawyers would think, or superficial observation, they might deserve. For that reason, as may have been observed by our readers, we have

given such extended reviews to such works as Wig. more on Evidence, Hughes on Procedure and Gregory's Forms for Common Law Declarations.

We have now before us a work of the same character and of equal importance except for the fact that it is local in its discussion and purposes to the state of Missouri. We refer to a work just published, entitled Missouri Practice in Civil Cases in the Circuit Courts, by Hon. Eugene McQuillin, an author of national reputation, of whose work entitled, Instructions to Juries in Civil Cases, we had so much to say in a previous volume by way of favorable comment. It might seem to some lawyers that & work on practice must necessarily be merely a compilation of technical and arbitrary requirements, based upon no general principle and having no particular logical connection with each other. While in some special instances this may be true yet in many others, and the most important instances, the rules of practice are based on the oldest maxims of antiquity and follow each other in logical sequence; and where they are expressed in the form of a code as they are in Missouri; they do not for that reason become arbitrary requirements; in such event the legislature merely gives cumulative expression to principles which have always existed and which the courts would have enforced independent of legislative action.

Mr. McQuillin's work on Missouri Practice is divided, first, into five great subdivisions, to wit: I. The Courts and Their Officers. II. The Action. III. Ordinary Proceedings. IV. Special Proceedings. V. Practice Forms. It is observed therefore that at the very beginning the author has conceived of a very accurate and a very comprehensive view of the general subject of practice.

Part I. treats of the Judicial Department, its establishment, its divisions into apppallate and trial jurisdictions, of the nature, powers and duties of courts of record and of the officers thereof, including the judge, the clerk, the sheriff and the attorney of record. Mr. McQuillin in this subdivision of his work presents a very concise, yet withal comprehensive view of our great Anglo-Saxon system of judicial procedure as it is exemplified in the jurisprudence of Missouri. One who can arise above mere details in the perusal of this part of the work is thrown into an ecstacy of admiration as he contemplates the wonderful system of judicial establishment that has come down to us from the common law of England and which is one of our richest heritages, a system whose checks and balances are so delicately adjusted that under its operation injustice could never be inflicted except when handled by some bungler who does not understand its mechanism and who, under the influence of an "exaggerated ego," is intent upon doing things in his own way, with the plausible excuse so often given by superficial judges, that their deviation from established methods of procedure is "in furtherance of justice in the particular case."

Part II. of this work treats of the action itself; discussing its nature and form; the parties to it, both plaintiff and defendant and whether sui juris or non sui juris; its venue; the process that attends its initiation and the service of such process; appearances in response to process; changes of venue and removal to federal jurisdictions; the joinder of causes of action and the consolidation of suits; and the limitation of time placed both at common law by prescription and by the statute of limitations on the bringing of the various causes of action permitted by law to be brought. Again, we are led to observe that the very

simplicity of this arrangement emphasized the fact that procedure is a science; indeed, a careful study of its various elements will disclose a more beautiful harmony where so often appears chaos and confusion.

Part III. brings us a step further into the heat of battle. It is entitled Ordinary Proceedings. It continues the process of litigation past the initial stage, the arrangement of the competing armies, into the actual conflict, with a view first of the nature of the preliminary skirmishes, such as pleas in abatement, abatement and revival of actions, continuances, procuring attendance of witnesses and written evidence under the various modes of subpoena process, and depositions. Then the author carries us into the trial itself, the heat of the battle, treating of prelimi nary motions, the selection of the jury, opening and closing the case, examination of witnesses, their competency and confidential relations; the introduction of evidence, its competency, admissibility and relevancy and whether parol or written; objections and exceptions of counsel; rulings of the court; the motions for verdict on the evidence and non-suit; the instructions; and final argument. With the smoke of actual battle over the author leads to a view of the final proceedings including the verdict, whether by referee, court or jury; the judgment, motions for new trial and in arrest of judgment, new trial when granted or bills of exception when not granted; appeals and final mandates; taxation of costs and executions, including exemptions and judicial sales. Could any thing be said to proceed more logically and more orderly than a trial under this arrangement. Is not every step a necessity? Indeed, the author shows the importance of each of these steps so thoroughly that a lawyer could hardly err therein.

Part IV. treats of those special proceedings which the law has adopted from time to time to meet special situations. It is marvelous to note how elastic the law is in its ability to meet the most difficult and unusual situations. Proceeding on the maxim that there can be no right without a remedy, the law has evolved from principles of procedure already recognized new modes of effectuating rights, whenever such rights were in danger of being defeated, if left unprotected except by remedies which in no way could match the new situation. Thus were gradually evolved the following special proceedings discussed by the author: Replevin, attachment, garnishment, ejectment, certiorari, injunction, mandamus, quo warranto, prohibition, divorce, dower rights, homestead, partition, habeas corpus, arbitration and award, assignment for benefit of creditors, receivers, eminent domain, incorporation, change of name of person or corporation, action upon mortgages, deeds of trust, liens, and official securities, and the enforcement of penalties, fines and forfeitures.

Part V. needs no comment. It supplies the illustrations, or forms for the proper exercise or manipulation of the wonderful judicial machinery so minutely described and whose operation is so carefully defined.

Altogether, it must be generally admitted that Mr. McQuillin's work is a great contribution to Missouri jurisprudence. In addition to its most accurate, logical and accessible arrangement, we have a very clear and concise expression and style together with an exhaustive citation of authority, leaving nothing to be desired by the practitioner in a work of this character.

Printed in two volumes of over 1800 pages and published by the Gilbert Book Company, St. Louis, Mo.

BOOKS RECEIVED.

The Law of Homicide. By Francis Wharton, LL. D., author of "A Treatise on the Criminal Law of the United States," "A Treatise on the Conflict of Laws," etc. Third Edition. By Frank H. Bowlby, of the Publishers' Editorial Staff. Rochester, N. Y. The Lawyers' Co-operative Publishing Company. 1907. Buckram. Price $7.50. Review will follow.

The Preparation and Contest of Wills, with plans of and extracts from important wills. By Daniel S. Remsen, of the New York Bar. Author of "Intestate Succession in New York." New York. Baker, Voorhis & Company. Buckram. Price $6.35. Review will follow.

The American State Reports, containing the Cases of General Value and Authority subsequent to those contained in the "American Decisions" and the "American Reports," decided in the courts of last resort of the several states. Selected, Reported and Annotated, by A. C. Freeman. Volume 111. San Francisco. Bancroft-Whitney Company, Law Publishers and Law Booksellers. 1907. Review will follow.

HUMOR OF THE LAW.

"My client acted boldly," said the counsellor. "He saw the storm brewing in the distance, but he was not dismayed. He took the bull by the horns, and had him indicted for perjury."

Congressman Joseph T. Robinson of Arkansas tells of an old negro who was charged with having stolen a hog. The facts were all against him. He had no counsel, and when the Judge asked him if he wanted a lawyer assigned to defend him, he declared that he did not.

"But you are entitled to a lawyer," the court explained, "and you might as well have the benefit of his services."

"Yoah Honor would jes gimme some cheap white trash lawyer," the old darkey replied, "and he wouldn't do me no good. If it's jes de same to yoah Honor, I'd ruther depen' on de ign'rance ob de court."

2. ADVERSE POSSESSION-Elements and Proof. -To establish title by adverse possession, the claimants must show a hostile possession under claim of right, for 10 years, actual, exclusive, open, notorious, and continuous.-McCreary v. Jackson Lumber Co., Ala., 41 So. Rep.

822.

3. ADVERSE POSSESSION-Tacking.-Where land is claimed by adverse possession of claimant and his prior successive grantees, a continuous possession must be proved.-Hoyle v. Mann, Ala., 41 So. Rep. 835.

4. BENEFIT SOCIETIES-Assessments.-In an action on a benefit certificate, a defense that an assessment author. ized by the by-laws had not been paid cannot be made without setting up at least the substance of the laws.Johnson v. Sovereign Camp, Woodmen of the World, Mo., 95 S. W. Rep. 951.

5. BENEFIT SOCIETIES-Who May Be Beneficiaries.The statute of a state wherein a foreign beneficial association is permitted to do business controls as to who may be beneficiaries in cases originating in such state.Dennis v. Modern Brotherhood of America, Mo., 95 S. W. Rep. 967.

6. BILLS AND NOTES-Acceptance.-Retention by defendant railroad of orders drawn on it by its employees in favor of plaintiff for board for an unreasonable time held not to render it liable thereon as a matter of law.St. Louis & S. W. Ry. Co. v. James, Ark., 95 S. W. Rep. 804.

7. BILLS AND NOTES-Execution and Acceptance. Execution and acceptance of drafts by executrix in her representative capacity held established under the statute when they were offered and introduced in evidence in an action thereon against her.-Ellis v. Marshall Car Wheel & Foundry Co., Tex., 95 S. W. Rep. 689.

8. BROKERS-Personal Liability.-A broker contract. ing for a disclosed principal is not personally liable on the contract, but, if the principal is not disclosed, the broker is personally liable.-Drake v. Pope, Ark, 95 S. W. Rep. 774.

9. CANCELLATION OF INSTRUMENTS-Fraud.-In order to support a decree rescinding or canceling a lease for fraud, the evidence must create more than a mere probability of the truth of the charge of fraud.-Smith v. Col. lins, Ala., 41 So. Rep. 825.

10. CANCELLATION OF INSTRUMENTS - Pleading and Proof. Where one seeks a cancellation of a conveyance because induced by fraudulent representations made by the grantee, only, such representations as are alleged and relied on can be considered.-White v. White, Tex., 95 S. W. Rep. 733.

11. CARRIERS-Action for Loss of Goods.-A suit on a transportation contract is properly brought in the name of the consignor, irrespective of whether he is the owner of the goods.-Ross v. Chicago, R. I. &. P. Ry. Co., Mo., 95 S. W. Rep. 977.

12. CARRIERS-Ejection of Passenger.-In an action for ejection of passenger, instructions held not ground for reversal because of indefiniteness, where it was not shown that they were not cured by other instructions or by the evidence.-Dobbins v. Little Rock Ry. & Electric Co., Ark., 95 S. W. Rep. 794.

13. CARRIERS-Exemption from Liability for Injury by Robbers. A mere depredator held not a robber within a bill of lading exempting a carrier from liability for injury to a shipment caused by "robbery." Louisville & N. R. Co. v. Dunlap, Ala., 41 So. Rep. 826. 14. CARRIERS-Refusal to Accept Shipment. - A railroad, refusing for a justifiable reason to accept a shipment of freight, held under no obligation to push at the shipper's request the cars containing the shipment to a platform near its track for unloading.—Gray v. Wabash R. Co., Mo., 95 S. W. Rep. 983.

15. CONSTITUTIONAL LAW-Due Process of Law.-Acts 29th Leg., p. 128, ch. 90, authorizing the confiscation of fish held without permit, held not void as class legislation.-Raymond v Kibbs, Tex., 95 S. W. Rep. 727.

16. CONSTITUTIONAL LAW-Life Insurance. - Rev. St. 1899, § 8012, relating to damages and attorney's fees in actions on policies of insurance, held not unconstitutional.- Keller v. Home Life Ins. Co., Mo., 95 S W. Rep. 903.

17. CONSTITUTIONAL LAW-Obligation of Contracts Acts 27th Leg., p. 6. ch. 4, § 11, held not unconstitutional as impairing the obligation of contracts evidenced by the provisions of the confirmation act of 1852.-Sullivan v. State, Tex., 95 s. W. Rep. 645.

18. CORPORATIONS-Action by Creditors on Unpaid Stock. In an action by creditors of a corporation to recover an alleged unpaid stock subscription, limitations held not to run until judgment and return of nulla bona against the corporation. -Montgomery Iron Works v. Roman, Ala, 41 So. Rep. 811.

19. CRIMINAL EVIDENCE-Motion to Strike.-The testimony should not be stricken out on the ground that it is not sufficient proof of what was intended to be proved by the party introducing it.-Maloy v. State, Fla., 41 So. Rep. 791.

23. CRIMINAL LAW-Sentence. Where the penalty prescribed is imprisonment in the penitentiary or a money fine, a primary sentence of imprisonment in the county jail is unauthorized.-Irvin v. State, Fla, 41 So. Rep. 785.

31. CRIMINAL TRIAL-Continuance. It was not error for the court to refuse to delay the trial of a criminal case and issue an attachment for a witness who was not shown at the time to be within the jurisdiction of the court.-Gaines v. State, Ala., 41 So. Rep. $65.

22. CRIMINAL TRIAL-Trespass.-In a prosecution for trespass, after warning the admission of evidence that after prosecutor closed up the roadway in question he cut a new roadway which was used to reach the same points to which the old road led was not error.-Cross v. State, Ala., 41 So. Rep. 875.

23. DEATH-Emancipation of Minor.-Emancipation of a minor held no defense to an action for his death under Rev. St. 1899, § 2854.-Matlock v. Williamsville, G. & St. L. Ry. Co., Mo, 95 S. W. Rep. 849.

24. ELECTION OF REMEDIES-Knowledge of Facts.-Ignorance of an attorney of facts justifying the rescission of a sale for fraud when he brought attachment to recover, the price held not to obviate the effect of such action as an election of remedies and an affirmance of the sale.-Baker v. Brown Shoe Co., Ark., 95 S. W. Rep. 808.

25. EMINENT DOMAIN-Condemnation of Railroad Right of Way. Railroad company attempting to condemn land for railroad from Kansas City to Swope Park held to have burden of showing that Swope Park is on chartered route to Lees Summit.-Kansas City Interurban Ry. v. Davis, Mo., 95 S. W. Rep. 881.

26. EQUITY "Clean Hands."-Lessees of turpentine land, having broken their lease, held not entitled to maintain a bill against the lessors for trespass in cutting boxed trees for lumber.-Ashe Carson Co. v. Bonifay, Ala., 41 So. Rep. 816.

27. EVIDENCE-Opinion Evidence.-In an action for injuries to a brakeman while between cars endeavoring to couple them, it was proper to permit plaintiff's superintendent to testify that the cars could have been coupled without plaintiff going between them.-Huggins v. Southern Ry. Co., Ala., 41 So. Rep. 856.

28. EVIDENCE-Written Contracts.--Where there are two contracts it is competent to show by parol that they relate to one and the same transaction.- Rock Island Sash & Door Works v. Moore & Handley Hardware Co., Ala., 41 So. Rep. 806

29. EXECUTION-Proceedings by Claimant.-Evidence that, when one gave credit for which he afterwards obtained judgment under which he levied execution, he did not know claimant was asserting title to the horse on which execution was levied, held immaterial.-Baker v. Drake, Tex., 95 S. W. Rep. 845.

30. EXECUTORS AND ADMINISTRATORS-Stock in Foreign Corporation.-A certificate of stock in a foreign corporation, held in this state, is but evidence of ownership and not property, which can be made the basis of an administration in this state.-Richardson v. Bush, Mo., 95 S. W. Rep. 894.

31. FRAUD-Presumed Knowledge of Corporation Presi. dent. In an action for false representations made by the president on a corporation by which plaintiff was induced to purchase stock therein, it was unnecessary to prove that defendant had actual knowledge of the falsity of the representations.-Collins v. Chipman, Tex., 95 S. W. Rep. 666.

32. FRAUD-Sufficiency of Petition.-In an action for fraudulent representations inducing plaintiff to buy corporate stock, the petition held not defective in its allegations as to what representations were relied on by plaintiff.-Collins v. Chipman, Tex., 95 S. W. Rep. 666.

33. HOMICIDE-Assault with Intent to Kill.-In a prosecution under Rev. St., § 791, for having cut another with a dangerous weapon with intent to murder, evidence that the weapon was a razor held inadmissible though it was not so alleged in the indictment -State v. Stewart, La., 41 So. Rep. 798.

34. HOMICIDE-Evidence. In a prosecution for homicide, testimony showing a personal feeling between the accused and the deceased and disclosing a motive for the crime is admissible.-Maloy v. State, Fla., 41 So. Rep. 791.

35. HOMICIDE-Self-Defense. - In a prosecution for assault with intent to kill, an instruction that, if defend. ant was assaulted while at the home of another on invitation, he was not bound to retreat before striking in self defense, held properly refused.-Dawson v. State, Ala., 41 So. Rep, $03.

36. INDICTMENT AND INFORMATION-Duplicity.-When a statute makes either of two distinct acts connected with the same general offense, and subject to the same pun ishment, indictable as distinct crimes, they may be coupled in one count.-Irvin v. State, Fla., 41 So. Rep. 785.

37. INJUNCTION-Affidavits in Support of Bill.-In a suit for an injunction, affidavits are admissible in support of the allegations of the bill in cases of waste and where irreparable injury might ensue if the injunction was not granted.-Webster v. De Bardeleben, Ala., 41 So. Rep. 831.

38. INSANE PERSONS-Sale of Ward's Property.—Until a judicial sale of a ward's property under order of court has been confirmed by the court it is insufficient to confer rights on the purchaser.-Montgomery v. Perryman & Co., Ala., 41 So. Rep. 838.

39. INTERNAL REVENUE - Enforcement of Tax.-Property seized and sold by a collector in the enforcement of the internal revenue laws cannot be replevied from the purchasers by the former owner under process from a state court, the remedy for a wrongful seizure given by the statute being exclusive.-Allen v. Sheridan, U. S. C. C., E. D. Mo., 145 Fed. Rep. 963.

40. JUDGMENT-Conformity to Pleadings.-Where the petition in an election contest attacked a vote on the ground that the voter had not paid his poll tax, the court had no authority to declare the vote illegal because the voter lived in another precinct.-Bigham v. Clubb, Tex., 95 S. W. Rep. 675.

41. JUDGMENT-Final Decree.-A final decree in the probate court for petition, whether in kind or by sale, held conclusive until reversed on appeal, excluding equity jurisdiction in the absence of special ground for interposition of equity.-Finch v. Smith, Ala., 41 So. Rep. $19.

42. JUDGMENT - Splitting Cause of Action. Where plaintiffs contracted for the transportation of a herd of cattle at the same time, they were not entitled to split up their demand for damages for any dela, in furnishing cars.-Texas & P. R. Co. v. Scoggin & Brown, Tex., 95 S. W. Rep. 651.

43. LANDLORD AND TENANT-Consideration. — Inade. quacy of consideration is not of itself a sufficient ground for canceling a lease unless it is so gross that it shocks the conscience and furnishes satisfactory evidence of fraud. Smith v. Collins, Ala., 41 So. Rep. 825

44. LIFE INSURANCE-Application for Insurance.-Dec. larations made by an applicant for insurance to the medical examiner and contained in the application for insurance held not warranties under Rev. St. 1899, § 7890. -Keller. Home Life Ins. Co., Mo., 95 S. W. Rep. 903.

45. MASTER AND SERVANT-Custom Among Employees Violating Rules of Railroad.—A custom among railroad employees of violating a rule prohibiting them from going between cars to make couplings held not binding on the master unless known and acquiesced in -Huggins v. Southern Ry. Co., Ala., 41 So. Rep. 856.

46. MASTER AND SERVANT-Injury to Servant.-An employee engaged in construction work on a railway roadbed held not to assume the risk incident to the negli gence of the conductor in charge of the construction train.-St. Louis, I M. & S. Ry. Co. v. Boyles, Ark., 95 S. W. Rep. 783.

47. MASTER AND SERVANT-Maintenance of Railroad.A sawmill company using a logging road, and authorizing its employees to travel on a hand car furnished by it to their homes, held liable for proper maintenance of the road.-Arkadelphia Lumber Co. v. Smith, Ark., 95 S. W. Rep 800.

48. MUNICIPAL CORPORATIONS

Liability for School

Furnishings - Where a city had no power to execute a note binding its general revenues for the payment of school furniture, the retention and use of the furniture did not estop it from denying its liability on the note.Cleveland School Furniture Co. v. City of Greenville, Ala., 41 So. Rep. 862.

49. MUNICIPAL CORPORATIONS-Ultra Vires Acts.-That officers of a municipal corporation, after suit brought to enjoin certain ultra rires acts, abandoned the scheme and revoked the orders under which it was to be performed, held no ground for the dismissal of the suit.Gillespie v. Gibbs, Ala., 41 So. Rep. 868.

50. NEGLIGENCE-Automobile Accident.-In an action for injuries through being thrown from an automobile, plaintiff held not bound by acts of other occupants of the machine relative to the rate of speed.-Routledge v. Rambler Automobile Co., Tex., 95 S. W. Rep. 749.

51. PARTITION-Notice of Sale.-The statute regulating proceedings for the partition of a decedent's estate does not require notice to the heirs of the proceeding to sell because the estate is not capable of division.-Rye v. J. M. Guffey Petroleum Co, Tex., 95 S. W. Rep. 622.

52. PARTITION Proceedings in Chancery. Where property sought to be partitioned can be equally di vided, but the remedy by allotment in the probate court is ineffectual, the party should proceed with a division in chancery.-Finch v. Smith, Ala., 41 So Rep. 819.

53. PRINCIPAL AND AGENT-Conveyance by Power of Attorney. The heirs of adecedent held to acquire no title under a deed as against a deed executed by the grantor's attorney under a power of attorney to the decedent in his lifetime -Rye v. J. M. Guffey Petroleum Co., Tex., 95 SW Rep 622.

4. PRINCIPAL AND AGENT- Power of Attorney. -A power of attorney authorizing an attorney to convey a wife's separate estate held not revoked by the death of the husband - Skirvin v. O'Brien, Tex., 95 S. W. Rep. 696. 55. RAILROADS-Abandonment of Location.-Railroad corporation held to have no right to willfully abandon any part of chartered route, notwithstanding Rev. St. 1999, § 1161.- Kansas City Interurban Ry. v. Davis, Mo., 95 S. W. Rep. 881.

56. RAILROADS-Ejection of Passenger.-Persons en. tering train held entitled to be treated as passenger until he was notified that his ticket was not good and he re fused to pay his fare.-Gulf, C. & S. F, Ry. Co, y. Bunn, Tex., 85 9. W. Rep. 640,

57. RELEASE-Consideration.-A release of claims for a personal injury held supported by a sufficient consideration and binding, in the absence of fraud or mistake.Strode v. St. Louis Transit Co., Mo., 95 S. W. Rep. 851.

53. RELEASE-Receipts.-A receipt for damages sustained by the construction of a sewer held a discharge of all claims plaintiff had at the time against defendants except damages caused by stock to crops which were brought about by defendants' negligence.-Murphy v. Black & Laird, Ala., 41 So. Rep. 877.

59. REWARDS Offender's Conviction.-A reward of. fered by a railroad company, held for the arrest and conviction of a person charged with the offense defined by Kirby's Dig. § 1999, and hence the record of a conviction of a person for such offense was admissible and prima facie evidence of guilt in an action for the reward. -Arkansas Southwestern Ry. Co. v. Dickinson, Ark., 95 S. W. Rep. 802.

60. SALES-Rights of Parties Before Delivery.-A con. tract for the sale of personalty to be acquired by the seller, held not to transfer to the buyer either the legal or equitable title until delivery.-Block v. Shaw, Ark., 95 S. W. Rep. 806.

61. SPECIFIC PERFORMANCE-Purchase Price. -Where, in a suit for specific performance, defendant claimed a balance of the price unpaid, the case should be referred to the register to ascertain any balance.-Falkner v. Hudson, Ala., 41 So. Rep. 844.

62. STATUTES-Restrictions in Title.-When the subject expressed in a title is restricted, only those provisions fairly included in such restricted subject and matter properly connected therewith can legally be incorporated in the body of the act -Ex parte Knight, Fla., 41 So. Rep. 786.

63. STREET RAILROADS-Defective Transfer.-One presenting a transfer on a street car in seasonable time had it been properly punched held a passenger.-Little Rock Railway & Electric Co. v. Goerner, Ark., 95 S. W. Rep.

1007.

64. STREET RAILROADS - Stop, Look and Listen. — Where a traveler without looking turns onto the track so suddenly that it is impossible for the motorman to check his car, the street car company is not liable for the consequences.- Birmingham Ry., Light & Power Co. v. Clarke, Ala.,41 So. Rep. 829.

65. STREET RAILROADS-Wrongful Death.-In an action against a street railroad for wrongful death occasioned by a collision between defendant's car and decedent's wagon, evidence held to show contributory negligence on decedent's part.-Higgins v. St. Louis & S. Ry. Co., Mo., 95 S. W. Rep. 863.

66. TRESPASS-Removal of Personalty.- Where in trespass for the taking of plaintiff's furniture she contended that a contract of conditional sale was executed to se cure a loan, evidence that defendants were pawnbrokers held admissible.-Terry v. Williams, Ala., 41 So Rep. 804. 67. TRIAL-Reading Evidence to Jury.-Where receipts had been introduced in evidence, it was competent for counsel to read them to the jury for the first time on the argument.-Terry v. Williams, Ala., 41 So. Rep 804.

68. TROVER AND CONVERSION-Liability for Conversion. A petition by a public administrator to recover certificates of stock in a foreign corporation held by de fendant, a resident of Missouri, held not to show a state of facts on which defendant would be liable as for conversion.-Richardson v. Busch, Mo., 95 S. W. Rep. 894. 69. TRUSTS Express Trust in Land.-A contempor aneous parol agreement made at the time of the execu tion (and delivery of a deed absolute upon its face that the vendee will hold the property in trust for a certain person is not within the statute of frauds.-Insurance Co. of Tennessee v. Waller, Tenn., 95 S. W. Rep. 811.

70. WILLS-Life Estate.-A power of disposition in fee added to a life estate is not repugnant to the life es tate, or to the remainder over.-Grace v. Perry, Mo., 95 S. W. Rep. 875.