tion of a life time, they should so equip themselves that its labors may be as light as possible; they are sure to be heavy enough at best. Half the occupation of the lawyer being to write, a facility in composition lightens his toil immensely. To the acquisition of that facility he should therefore earnestly direct his mind, and only by the study of the best literature can it be acquired.

The easiest way of displaying one's culture is to interlard one's discourse with quotations and foreign words. For the first of these a dictionary of familiar quotations suffices; for the second, a smattering of a foreign language. The first marks a man as a pedant, the last as worse. He who has really mastered a foreign language has learned enough of his own in the process to express in it all his thoughts. Nor is it the chief function of literature to supply quotations. It should be absorbed until it becomes a part of our innermost selves, so that while every word we utter is our own, it may bear the impress of antecedent culture. And occasionally, at rare intervals, an apt quotation may be used with telling force.

To the acquisition of a good style a collegiate education is a great assistance, but it is by no means indispensable. If it were, we should have lost the supreme ornament of our literature. Shakespeare, the greatest of all masters of English, in whose hands it is strong as steel and ductile as gold, probably never passed a day at Oxford or Cambridge, certainly was never a student at either university. His only instructor was the village schoolmaster, and the historical and geographical mistakes that abound in his works prove that the good old teacher was oversparing of the rod. And many another who has shed lustre upon our literature has either had no colleg iate advantages or has negleeted those he had.

In fact, while every man who can afford it should give his children the benefits of a college education, there is a general tendency to overrate its importance. He who has gone through college is apt to think that his education is finished, while he who has not been so fortunate is apt to attribute all of his deficiencies, most of which he could remedy himself if he would, to the want of such instruction. But art is very long and life is very short, and education, beginning at birth, should end only at the grave. The few years of collegiate study cannot make a culti vated man. That is the labor of a lifetime. A college education is an excellent foundation, but it is nothing more. Many of the most accomplished men that the world has ever seen, many of the most splendid ornaments of our own profession, have been entirely self-educated. The man who educates himself labors under considerable disadvantages, but the habits of self discipline and of independent investigation that he thus attains are a priceless acquisition. So far as the enjoyment of literature and the acquirement of style in composition are concerned, be who in his youth has merely learned to read and write is master of the situation. The arts and sciences require instruction, but literature is self absorbed. Some aid may be derived from others, but in that field each man must chiefly work out his own salva. tion. And as his style, to be effective, must be thoroughly individual, and must clothe his thoughts as with a perfectly fitting garment, it is probable that as many pupils have been injured as benefited by the natural disposition of every teacher to make his scholars conform to his own methods of composition. Of course there are masters of rhetoric whose teaching is beyond price; but they are the exception; and the man who has not worked out his own literary

style in the travail of the spirit is apt to be deficient in vigor and individuality. The instructor can teach his pupils to avoid errors; but he cannot show him how to deal sledge hammer blows or to catch those sweet verbal harmonies that haunt the chambers of the memory and exercise so compelling a power over the souls of men.

But perhaps the greatest blessing of literature to the lawyer is the relaxation that it brings. The life of the busy lawyer is a strenuous life. Outside of a war or of a fierce political campaign there are few things more exhausting than a judicial trial. The tension on the nerves is great. The bow is often bent till every fibre quivers, and unless it is relaxed there is danger lest it snap in twain. The lawyer who would last long and work well until the end must have intervals of relaxation. I have known a good many lawyers to break down, but they were gener ally men who thought of nothing but the law. The bow, kept too long upon a strain, first lost its elasticity and finally broke in two.

If we would keep the mind clear and strong and ready for vigorous exercise we must give it not merely rest, but agreeable diversion. We must at intervals get away from the law,or, jaded by the monot ony of the labor, it will make but a poor response to our appeal. There are many diversions that will serve the purpose; but I am persuaded that there is none which in that regard is the equal of literature. Art and nature demand long journeys for their enjoyment; but the masterpieces of literature can be had at every fireside and at a nominal cost. The friends which a man makes among his books are ever faithful and never obtrusive. Unlike living friends, they do not force themselves upon you when you are weary, and they come at your beck when their presence is desired. If you would be merry, you can find among them friends who laugh; if you are sad, you can find consoling companionship in your grief; if you are consumed with the thirst for knowledge, they basten to throw open to you all the storehouse of learning. Of all associates, they are the most satisfactory. In them are garnered up all the treasures of the human mind. The man who has acquired the taste for reading is in large measure lifted above the vicissitudes of life. Within the four walls of his narrow room he can behold as in a microcosmic glass all that passes in the world and can watch the ever whirring loom of time as it weaves its varied web. He who can go from the toil and strain of the bar to his quiet library and become absorbed in the reading of a book, which like a magic robe will transport him far away to the land where ultra vires and contingent remainders are unknown, will find a refreshment of spirit that he would seek in vain elsewhere. Take an illustration from the cognate domain of politics. Do you suppose that Disraeli and Gladstone could have preserved the freshness and vigor of their minds during their long years of fierce political conflict had they not found relaxation and repose in literature? It was that that kept them fresh and ever young.

And literature saves the lawyer from so much rainous dissipation. When he issues from the court. room, his nerves quivering with the long strain, he has two alternatives, he can brace them with stimulants or he can quiet them by diverting his thoughts. The former resource is quickest and most tempting, but the seeds that it sows are bitter. The last is nature's remedy, and its fruits are health and longevity. Sometimes the lawyer who loves books is also dissipated, but that rarely happens; more rarely than it seems, for the flashy, nervous temperaments that

so often seek exhilaration in the wine cup frequently make much display with little reading.

And a study of literature becomes more essential to the lawyer every day. Throughout the history of our nation the bar have been the leaders of the people. This is because their superior culture and attainments have entitled them to lead. In the old days when the minds of men were absorbed in the material problem of subjugating our immense continent it was not difficult for the bar to maintain its preeminence. But now all that is changed. Our enormous accumulations of wealth afford to large num bers the leisure for study; and the great universities, rivaling those of Oxford and Cambridge, of Goettingen and Berlin, that have grown out of our humble colleges afford every facility for instruction. If the bar would maintain in the future the proud position that it has occupied in the past, it must recognize the changed conditions and take on a broader, deeper culture.

Rights of

2. ASSIGNMENT - Benefit of Creditors Creditor.-M sold land to Z, and agreed to loan him $56,000 to enable him to erect buildings thereon. Z gave a mortgage for the purchase money and the $56,000. Defendant entered into a contract by which it guaranteed M against loss from non-completion of the buildings, and undertook to have the $56,000 applied to the work of construction. When Z made an assignment for the benefit of creditors to plaintiff the buildings were uncompleted, and defendant still had $10,000 of $56,000 under its control. Plaintiff called on defendant to complete the buildings under contract of indemnity. It did so, and, having expended more than the $10,000, refused plaintiff possession of buildings completed, and rented them. Held, that it could not retain the rents to reimburse itself for its expenditures, but must seek repayment on the same basis as other creditors.-LINDSEY V. UNION SURETY & GUARANTY Co., Pa., 48 Atl. Rep. 1081.

3. ASSIGNMENT FOR BENEFIT OF CREDITORS - Death of Assignee-Enforcement.-Where the assignee in a

deed for benefit of creditors is dead, or it is charged that in the conduct of the assignment the assignee has perpetrated a fraud, any creditor whose claim has been proved and admitted may bring suit to enforce the assignment for the benefit of himself and of the other proving creditors. Non-proving creditors have no status to be admitted as parties complainant in such a suit, nor can it be extended to enforce claims against the decedent assignor's estate acquired after the assignment.-LOUCHEIM V. CASPERSON, N. J., 48 Atl. Rep. 1107.

4. ASSOCIATIONS Disposition of Funds - Vested Rights. Where an appropriation of money by a vol. untary association was made by the unanimous vote of all the members present, and the committee authorized to make the expenditures for which it was appropriated had incurred liabilities, the rights of the committee to the funds had become vested, and could not be devested by the subsequent dissent of a member of the society.-CARTER V. STRAFFORD SAV. BANK, N. H., 48 Atl. Rep. 1083.

5. ATTORNEY-Liability to Client.-An attorney, who is merely asked to draw a contract of sale and for certain advice, is not, in the absence of anything wrong with the papers drawn or the advice, liable to his client for failure of the other party to make payments as agreed.-HARKNESS V. CAVEN, Pa., 48 Atl. Rep. 1080.

6. BANKRUPTCY - Partnership - Discharge of Partners as Individuals.-Where a petition in involuntary bankruptcy was filed against persons named as partners, constituting a firm, alleging as acts of bank. ruptcy a transfer of property and a general assign. ment made by the firm, but no act of bankruptcy on the part of the Individual partners, and the entire proceedings, aside from clerical errors in the record of the court, show that the adjudication and proceedings related solely to the partnership as a legal entity, the court cannot grant a discharge to the partners as individuals.-IN RE HALE, U. S. D. C., E. D. (N. Car.), 107 Fed. Rep. 432.

7. BANKRUPTCY-Reopening of Estate.—To authorize the court to reopen the estate of a bankrupt, under Bankr.Act 1898, § 2, subd.8, it should "appear" by some satisfactory evidence that there are assets unadminis. tered, although no formal or technical procedure is required. An unverified petition filed by a creditor, stating on information and belief that the wife of the bankrupt has "money or property" belonging to him, without stating its character or amount, and which is unsupported by affidavits or other evidence, is insufficient to warrant any action by the court.-IN RE NEWTON, U. S. C. C. of App., Eighth Circuit, 107 Fed. Rep. 429.

8. BENEFICIAL ASSOCIATIONS Sick Benefits-Total Disability. Where a benefit certificate provided that plaintiff should receive sick benefits if he were sick so as to be "totally disabled, and absolutely, necessarily, and continuously confined to his house," he was entitled to such benefits where he was totally dis abled by sickness, but remained in the open air much of the time, under direction of his physician, since defendant's liability depended on the disability of the insured, and not on his confinement to the house, which was merely an evidentiary fact, and not a con. dition precedent.-SCALES V. MASONIC PROTECTIVE ASSN., N. H., 48 Atl. Rep. 1084.

In a

9. BENEFIT SOCIETIES—Action on Certificate. suit on a benefit certificate issued by an incorporated fraternal order, the plaintiff's declaration averred generally, the performance of all conditions precedent to recovery, and the defendant's pleading speci fled compliance with a law of the order, alleged to have been enacted after the issuing of the certificate as a condition precedent, the performance of which it intended to contest. Held: (1) That the burden of proving the enactment of such a law was on the defendant; (2) that such enactment could not be proved

by the testimony of a member of the order that a printed book produced by him, in which such law was included, contained the laws of the order in force at a date stated.-HERMAN V. SUPREME LODGE K. P. OF THE WORLD, N. J., 48 Atl. Rep. 1000.

10. BUILDING AND LOAN ASSOCIATION Payment on Loan or Stock.-The obligation given by a member of a building association, covering 10 shares of stock, for a loan, provided for the payment of the principal in equal monthly installments, of $10 each, during the time the principal remained unpaid, "according to the act of assembly and the terms and provisions of the constitution and by laws of said association." The by laws required a transfer of the member's stock as collateral security for the loan, and a monthly payment on each share of $1 till the stock was of a certain value. The member paid, in addition to interest, only $10 per month, which in the association's account with him and in his pass book was entered under the head of "Dues." Held, that such payments were not on the debt, but on the stock. — FREEMANSBurg BuildiNG & LOAN ASSN. V. WATTS, Pa., 48 Atl. Rep. 1075.

11. CONSTITUTIONAL LAW-Delegation of Legislative Power. A delegation of power by the legislature to the circuit court to designate a route for a telephone line through a municipality, in case the municipal authorities do not upon application make the desig. nation within 50 days, is improper and void.-STATE V. MAYOR, ETC., OF BOROUGH of Bound BROOK, N. J., 48 Atl. Rep. 1022.

12. CONSTITUTIONAL LAW-Special Act. The act of March 22, 1901 (P. L. p. 384), providing that the power to license inns and taverns be taken from the govern. ing bodies of certain cities of the third and fourth class and vested in the court of common pleas, is a local and special law, and is unconstitutional and vold.-BLACK V. MAYOR, ETC., OF GLOUCESTER CITY, N. J., 48 Atl. Rep. 1112.

13. CONSTITUTIONAL LAW-Special Act. — A law is special, in a constitutional sense, when by force of an inherent limitation it arbitrarily separates some persons, places, or things from others, upon which, but for such limitation, it would operate.-STATE V. HANCOCK, N. J., 48 Atl. Rep. 1028.

14. CONTRACTS-Action on Bond-Fraud as a Bar.In a sult upon a sealed instrument, the defense of fraud in the consideration is not a bar to the action, where the contract has been executed by both parties, and remains unrescinded, and where the consideration has not entirely failed. Under such conditions, the defendant can only take advantage of the fraud by proving it at the trial, for the purpose of reducing the amount of the plaintiff's recovery. ROGERS V. BAKER, N. J., 48 Atl. Rep. 1003.

-

Architect.

15. CONTRACTS Action for Services Where an architect was employed to draw plans for a building not to exceed more than $4,500, and the plans made as estimated by him were for a building to exceed $8,000, he cannot recover for services.-EMERSON V. KNEEZELL, Tex., 62 S. W. Rep. 551.

16. CONTRACT-Consideration.-When a deed is made conveying a lot of land for $14,000, and coincidently, for the same consideration, a separate agreement is made by the grantors in the deed to convey to the grantee an adjoining piece under certain circumstances, the deed and the agreement will be consid ered in this court as one contract, one consideration operating as the purchase money of both.-MYERS v. METZGER N

49 A1 Pen 1112

same ship, testified that the articles were misread by the consul's secretary, before being signed, as including the return voyage. The master of the ship, the consul general, and his secretary testified that the contract was read by the secretary precisely as written. Held, that the evidence was insufficient to show fraud in the execution of the articles, and hence libelants were not entitled to recover for the refusal of the master to reship libelants for the return voyage on their refusal to sign new articles.-RAMIREZ V. MEXI CAN S. S. CO., U. S. D. C., N. D. (Cal.), 107 Fed. Rep. 530.

18. CORPORATION-Contract of Directors.-A special committee of the board of directors of a private corporation, being empowered by the board to contract for the sale of the shares of stock in another company owned by the corporation, stipulated in the contract which they made that the members of the committee should personally have an option to deliver their own shares in the same company to the same vendee at the same price. Other stockholders of the corporation also owned shares in the same company, but no such option was secured for them. Held, that the court would not decree specific performance against the objection of the corporation and its stockholders. -KELSEY V. NEW ENGLAND ST. RY. Co., N. J., 48 Atl. Rep. 1001.

19. EMINENT DOMAIN-Railroad.-Where, in proceed. ings under Rev. St. 1881, §§ 3906, 3907, providing that, where a railroad company is unable to agree with the landowner as to compensation to be paid for its right of way, appraisers may be appointed to fix the amoun,tand on exceptions by either party the amount may be determined by jury, when there is abundant evidence justifying a verdict fixing such amount the verdict should not be set aside as contrary to the evidence or excessive, though the evidence is conflict. ing.-CHICAGO, I. & E. RY. Co. v. LOER, Ind., 60 N. E. Rep. 319.

20. EXECUTORS AND ADMINISTRATORS Funds-Tax ation.-Code, art. 81, § 9, requires the register of wills to return to the county commissioners a summary account of all property that shall appear by the records of the orphans' courts to be in the hands of each executor and administrator. Held, that where the register of wills returned property for taxation as in the hands of an administrator, after it had in fact been distributed, equity had jurisdiction of a bill to restrain the collection of the taxes, since the levy was not merely irregular, but illegal.-NICODEMUS V. HULL, Md., 48 Atl. Rep. 1049.

21. EXECUTORS AND ADMINISTRATORS-Liability for Interest. Where an executor's final accounting was delayed by litigation, and he derived no benefit from the retention of money held for the payment of a legacy subsequently declared invalid,meanwhile mek. ing all requested advances to exceptant, he is not chargeable with interest for failure to invest such money pending final settlement.-IN RE CORLE, N. J., 48 Atl. Rep. 1027.

22. FIXTURES — Electric Light Fixtures.-Where a hotel which contained electric light fixtures was sold under foreclosure, the mortgagor cannot maintain trover for such fixtures as chattels, since they constituted a part of the realty.-CANNING V. OWEN, R. I., 48 Atl. Rep. 1033.

23. FIXTURES Sale of Freehold.-Where fixtures have been constructively severed from the freehold, but their physical annexation is permitted, by the

defective condition of a highway, and was shown that he knew of such defects, and could have avoided them by going through a field, but the road was not impas. sable or so out of repair that accident must necessarily result from an attempt to use it, he was entitled to recover if he used due care, and his opportunity for avoiding the danger by leaving the road ought not to be considered by the jury.- COMRS. OF CHARLES Co. V. MANDANYOHL, Md., 48 Atl. Rep. 1058.

25. HUSBAND AND WIFE-Joint Bank Deposit - Estate by Entireties.-J had a deposit in the K bank in his own name changed to the joint account of his wife, EJ, so that either could draw it on indorsing tue certificates. Subsequently, during J's life, his wife indorsed the certificates to the F bank for collection, and took a certificate of deposit reading, "Received of J and E J $1,981, which sum will be paid to them or their order." Held, that the certificate created an es tate by the entirety, and hence the wife was entitled to the deposit on the death of the husband, by right of survivorship.-BREWER v. BOWERSOx, Md., 48 Atl.

Rep. 1060.

26. INTERNAL REVENUE - Wholesale Liquor DealerBranch House.-Defendant, a wholesale liquor dealer in San Francisco, maintained a branch house in Port. land, bearing his sign, and where presumably samples of his trade were kept, and where the publie were invited to purchase. The manager thereof was a "salesman" who was required to sell judiciously, the right to cancel his contracts being reserved to his principal, who filled all orders, and, without prepaying the freight, delivered the goods to a carrier at San Fran cisco, consigned to purchasers in various parts of the agent's territory. Held, that the sales were made wholly at San Francisco, notwithstanding the agent may have been authorized to make binding contracts and collected the purchase money, and defendant was not subject, under Rev. St. § 3244, subd. 4, to the internal revenue tax, as an Oregon liquor dealer, though his method of transacting business may have been devised purposely to evade such tax.-UNITED STATES V. CHEVALLIER, U. S. C. C. of App., Ninth Circuit, 107 Fed. Rep. 434.

27. LANDLORD AND TENANT-Distress for Rent-Death of Tenant. If a distress for rent be made after the tenant has died intestate, and before administration has been granted, the administrator subsequently ap. pointed, whose title runs back by relation to the death of the intestate, cannot treat as a tort a distraint which would have been lawful if he had then actually been administrator.-BROWN V. HOWELL, N. J., 48 Atl. Rep. 1021.

28. LANDLORD AND TENANT-Lease of Farm.-H entered into an agreement with R, by which he demised to the latter a certain farm for a specified term, giv. ing him the exclusive occupation thereof, and reserving as rent one-half of the crops grown thereon. By the provisions of the agreement, R was prohibited from underletting the premises or assigning "the lease," and was required to keep the premises in repair during the continuance of the term, and sur. render possession thereof to H at its expiration. Held, that such an agreement was not a mere contract to work the farm upon shares, constituting the owner and the occupant tenants in common of the crops produced, but was a lease of the farm, creating the relationship of landlord and tenant. Held, further, that by virtue of such agreement the title to the crops produced vested in R as tenant, and that I had no claim upon them until a division was made.-REEVES V. HANNAN, N. J., 48 Atl. Rep. 1019.

subsequent lapse of time will not defeat it.-FORMAN V. BREWER'S EXRS., N. J., 48 Atl. Rep. 1012.

30. MANDAMUS-Mayor.-When, by statute, it is made a condition precedent to the right of the purchaser at a tax sale under the Martin act to reimbursement for expenses incurred for an abstract of title made to as. certain the owner or mortgagee, or both, of the prop erty purchased, that such fees shall be approved by the mayor, upon his neglect or refusal to act thereon a mandamus will issue, directing that he proceed to the performance of the duty thus imposed.-BIERMAN V. SEYMOUR, N. J., 48 Atl. Rep. 1005.

31. MARINE INSURANCE-Construction of PoliciesAmerican Clause.-A shipper of wool by rail and water contracted with the steamship company to cover the shipment by marine insurance for an additional rate of freight stated in the bill of lading, which was in accordance with the company's custom. It carried sev eral policies issued about six months before, cover ing such cargo as it was required by contract to insure, and also its own risk as a carrier. Such policies were all applicable to the cargo in which the wool was shipped. The consignees of the wool, having paid a draft against the shipment attached to the bill of lading, and not knowing whether the goods were insured, reported them for insurance under an open policy carried by them for several years, under which they had covered "wool not previously insured." This was before the goods had actually been received upon the ship, but while they were in course of shipment by rail. All the policies contained the American clause against double insurance, providing that "if the said assured shall have made any other assurance prior in day of date to this policy, then the said assurers shall be answerable only for so much as the amount of such prior assurance shall be deficient," etc. Held, that such clause had no application as between the two sets of policies to affect the validity of either, not being applicable by its terms to insurance under an open policy, and neither the assured, the interests insured, nor the risks insured against being the same in the two cases.-GROSS v. NEW YORK & T. S. S. Co., U. S. D. C., S. D. (N. Y.), 107 Fed. Rep. 516.

32. MARRIAGE AND DIVORCE Complaint Cruel Treatment. In an action by a husband for divorce, the complaint alleged that defendant was frequently cross, and would scold and upbraid him without cause; that at times she would refuse to speak to him for a whole week; that she would get angry and break up dishes and household utensils, and would frequently leave home for a week or more without his consent, when he would be compelled to do the household work in addition to his own work; that she squandered the crops of the farm without his knowl edge or consent, and dissipated his property, and drove him to poverty and financial ruin. Held, that the complaint stated a cause of action for divorce for cruel and inhuman treatment, though some of the charges should have been made more specific, had a motion for that purpose been filed.-SPITZMESSER V. SPITZMESSER, Ind., 60 N. E. Rep. 315.

33. MASTER AND SERVANT-Injury to Employee-Fel. low Servant.-Where a shop laborer is killed by a trolley, used for the transportation of iron plates, running off a traveler, the accident being caused by the failure of the foreman, whose duty it was to clean and oil it, the master is not liable, as the foreman, in performing such a duty, was a fellow-servant, and not a vice-principal.-QUIGLEY V. LEVERING, N. Y., 60 N. E. Rep. 276.

34. MISTAKE-Indorsement.-Where plaintiff, who was entitled to a deposit in the joint names of herself and her husband by right of survivorship, indorsed the certificate to the husband's administrator on his representation that it belonged to the estate, and in ignorance of her rights, and there was no evidence that she intended to transfer it to the administrator, the indorsement did not preclude her from maintain

ing an action for the deposit.-BREWER V. BOWERSON, Md., 48 Atl. Rep. 1060.

35. MORTGAGES — Foreclosure Sale-Confirmation.Complainant resists the confirmation of a sale of mortgaged premises by the sheriff under decree of foreclosure, on the ground that he had given instruc. tions to his solicitor, who attended the sale for him, which instructions, if followed, would have resulted In the purchase of the premises for complainant, and benefited him. Held, that if instructions were given, and not followed, a purchaser at the sale will not be deprived of the benefit of his purchase,unless he knew of the instructions, and of their violation, or had information putting him on inquiry, and the price at which he purchased was grossly below the fair mar ket value.-ZIMMERMAN V. PLACE, N. J., 48 Atl. Rep. 994.

36. MORTGAGE-Reformation.-After a corporation has been adjudged insolvent, and a receiver appointed to wind up its affairs, a mortgage given by the corporation, while insolvent, to prefer some of its existing general creditors, which, through a mistake of the draftsman, conveyed only a life estate in its real prop. erty, ought not to be reformed by a court of equity so as to embrace the fee, when it appears that the mortgagees did not act to their detriment on the supposi. tion that the mortgage conveyed the fee.-MILLER V. SAVAGE, N. J., 48 Atl. Rep. 1004.

37. MUNICIPAL CORPORATIONS — Defective StreetFailure to File Claim.-Where plaintiff fell and was injured on the sidewalk of defendant city, and the evidence was conflicting as to whether the accident was caused by a hole in the walk or by ice thereon, and there was doubt as to whether the place of injury was a culvert or a bridge, sufficiently important ques tions were involved, so that on a showing by plaintiff that she was unavoidably prevented from filing her claim within 10 days, as required by Pub. St. ch. 76, § 7, she was entitled to leave to file a claim under Pub. St. ch. 76, § 9, providing that, if any person receiving injuries from defects in a highway is unavoidably prevented from filing a claim within the statutory time, the supreme court may allow such claim to be filed, if manifest injustice would otherwise be done.-WELSH V. CITY OF FRANKLIN, N. H., 48 Atl. Rep. 1102.

38. NEGLIGENCE-Construction of Subway-Accumu. lation of Gas.-The existence of a duty on the part of a telephone company, when constructing a subway, to anticipate and provide against the accumulation of illuminating gas therein, depends upon whether or not the escape of such gas from the mains and service pipes of the gas company can be prevented by the lat. ter by the use of reasonable care.-CHALMERS V. PATTERSON, P. & S. TEL. Co., N. J., 48 Atl. Rep. 993.

39. PARTNERSHIP Accounting Res Judicata.-A Anding, in suit for partnership accounting, that, as between the parties, the firm is composed of plaintiff and defendant 8, and not of defendants H and S, does not establish the partnership as against creditors of H; so that there should be no decree for payment of balance due to plaintiff till determination of attachment pending against S as garnishee of H, on the ground that H and 8 compose the firm.-LYONS V. LYONS, Pa., 48 Atl. Rep. 1079.

40. PLEADING AND PRACTICE - Summons-Place of Service. Where a person has several residences, which he permanently maintains, occupying one at one period of the year and another at another period, a summons must be served on him at the dwelling house in which he is living at the time of the service. -CAMDEN SAFE DEPOSIT & TRUST CO. v. BARBOUR, N. J., 48 Atl. Rep. 1008.

from the engine and the blowing of the whistle.-SIM. MONS V. PENNSYLVANIA R. CO., Pa., 48 Atl. Rep. 1070. 42. RAILROADS-Earnings-Net Receipts.-The phrase "ten per cent. on their expenditures," in Laws 1844, ch. 128, § 11, providing that when the net receipts of railroad corporations shall exceed 10 per cent. on their expenditures the balance shall be paid to the State, refers to the sum actually contributed by the stock. holders, and not to the entire amount expended in the construction of the road; and hence the State is entitled to recover the amount by which the net receipts exceed 10 per cent. of the actual investments of the stockholders, though such receipts may not exceed 10 per cent. of the whole cost of the road.-STATE V. MANCHESTER & L. R. R., N. H., 48 Atl. Rep. 1103.

43. RECEIVERS AND RECEIVERSHIPS-Franchise TaxPreferences.-A franchise tax levied by the State during the receivership of an insolvent corporation is en. titled to payment in preference to the liabilities incur. red by the receiver in carrying on the business of the insolvent corporation, but not to payment in prefer. ence to the receiver's allowance and the expenses of winding up the corporation.-CHESAPEAKE & O. RY. Co. V. ATLANTIC Transp. Co., N.{J., 48 Atl. Rep. 997.

44. SALE-Implied Warranty Inspector. - Where canned peas are sold by importers by a description known to the trade to refer to the highest grade packed by them, no warranty as to their quality is im plied, where it is ascertainable by inspection of one or more cans in every hundred, which inspection is the usual custom of the trade.-WAEBER V. TALBOT, N. Y., 60 N. E. Rep. 288.

45. SHIPS AND SHIPPING-Collision-Mutual Fault.-A brig which had gone ashore in the Narrows was sud denly floated by the action of the wind, her sails having been trimmed with that object, and going astern with the rising tide without any means of control, came in collision with a scow which was passing in tow of a tug, about 50 feet distant. The captain of the brig was the only person on deck at the time, no precaution had been taken to control her when she should come off, and no signal of danger was given to the approaching tug, nor was any attempt made to control her until too late to avert the collison. On the other hand, a proper lookout on the tug could have seen the brig, and understood her situation, and the tug could easily have passed at a safe distance. Held, that both vessels were in fault for the collision, and liable for the injury to the scow.-THE F. W. Vos BURGH, U. S. D.¡C., E. D. (N. Y.), 107 Fed. Rep. 539.

46. SHIPS AND SHIPPING Collision-Steam Vessels Meeting in Channel.-A transfer tug passing down East river with a car float on either side held in fault for a collision with a schooner coming up in tow, which occurred as she was rounding Horn's Hook be. tween the shore and the center of the channel, on the ground that, being in a position where careful navi. gation was required, owing to the number of vessels passing and the flood tide, after having agreed to allow the tug and schooner to pass ahead of her, she also assented to the signal of another tug coming up nearby, abreast of the schooner, with a tow on each side, to permit the latter to pass across her stern, and thereby placed herself in a situation where she was unable to avoid collison with one of the two passing vessels.-THE WILLIAM J. SEWELL, U. S. C. C. of App., Second Circuit, 107 Fed. Rep. 533.

47. SHIPS AND SHIPPING-Collision in Fog. -A steam boat and a ferryboat collided in a harbor in a fog so dense that neither vessel could see the other at a greater distance than 20 or 25 feet. Both vessels were moving at a very moderate speed, and fog signals were blown. When the signals appeared to be coming