vendor; certainty of contract; admissibility of parol evidence; general description of land; effect of words "more less." 1, 2. 87 STATUTE OF FRAUDS. See CON- estate, and with knowledge of the heir's indebtedness to the estate, can acquire no greater interest than that of the heir himself; and where the real property is sold for assets, under the Indiana statutes, his claim to the pro- SPENDTHRIFT TRUST. See TRUSTS, ceeds is subject to a deduction or set-off of the heir's indebtedness. Fiscus v. Moore (Ind.) 235 4. A sole solvent surety for a hopelessly insolvent principal on a debt that is due before the appointment of a trustee in insolvency, although the insolvency is not then known, and payment by the surety is not actually made until after the trustee is appointed, is entitled to set off his claim for such payment against debts due from him to the insolvent, on which suit is brought by the trustee. Merwin v. Austin (Conn.) 84 85 How benefit of, to be obtained; application between surety and creditor. SHIPPING. 1. The Act of Congress of June 19, 1886, extending the benefits of limited liability legislation to vessels engaged in inland navigation, is not unconstitutional, in view of the power of Congress to regulate commerce. Lawton V. Comer (D. C. S. D. Ga.) 55 2. The Limited Liability Law, amended, excepted from its operation inland navigation only, and not internal commerce, and extended the operation of the law, not to internal commerce, but to inland navigation. Id. 3. Even though the subjects of the extended limitation of liability, or the territory in which it is effective, are partially within the region of state control, yet where the subjects are separable, and are partly under the national control, the Act of Congress will be sustained by the courts wherever the power of Congress extends, and as to all those objects to which it attaches; and this rule is easily applicable in this case. Id. 4. The entire purpose of the limited liability enactments was to encourage investments in shipping, and they may be extended wherever the admiralty courts of the United States have jurisdiction. Id. See PLEADING, STATUTE OF LIMITATIONS. STATUTES. 1. The title of an Act showing a purpose to charter a "passenger-railway company" is sufficient to support a statute which really charters a steam-railroad company for carrying both passengers and freight. Millvale v. Ever green R. Co. (Pa.) 369 2. If the title fairly gives notice of the subject of the Act, so as reasonably to lead to an inquiry into the body of the bill, it is all that is necessary. It need not be an index to its contents. Id. 4. A title reading, "An Act to Facilitate the Carriage of Passengers and Property by Railroad Companies," is insufficient, under a constitutional provision requiring the title of an Act to express the subject thereof, to sustain a statute which, after providing that all railroad companies having a terminus upon a navigable river shall have power to own water-craft for transportation across it, provides that no right shall exist to condemn any real estate for landings, and that the Act shall apply only to such railroad companies as own the landing_for such water-craft. Thomas v. Wabash, St. L. & P. R. Co. (C. C. S. D. Ill.) 145 6. If constitutional and unconstitutional provisions of an Act are perfectly distinct and separable, the former may stand though the latter fall. Id. of facilitating the convenient exercise of corporate powers necessary for the proper regulation of municipal affairs is not prohibited by the Pennsylvania Constitution; and as the several cities have different needs growing out of the differences in their size and situation, it may be upheld as a necessary means for enabling the Legislature to make provisions adapted to secure to each class of cities the corporate powers, and the number, character, powers, and duties of officers best adapted to its needs, without an infraction of the constitutional prohibition against local legislation. Re Washington Street (Pa.) 193 10. The legislation for the several class into which cities are divided, which is authorized by the power of classification, must relate to the exercise of the corporate powers possessed by cities of the particular class to which the legislation relates, or to the number, character, powers, or duties of the officers employed in their management; all other legisla tion is unauthorized. ld. 11. Local or special laws relating to proceedings in road cases are prohibited by the Constitution, and cannot be upheld under the power to classify cities for purposes of legislation. Hence Pa. Act May 6, 1887, SS 3-17, which attempt to provide a peculiar code of procedure in road cases for the city of Philadelphia, unlike that in the rest of the State, are unconstitutional and void. ld. 12. Pa. Act May 6, 1887, SS 1, 2, although in form local, since they in fact repeal provisions of the road law peculiar to Philadelphia, and make such law conformable to that in force in the rest of the State, may be upheld. Id. 13. The fact that diverse results may flow from the execution of granted powers of local government does not render the enabling statute special or local. If the same powers are bestowed upon all municipalities of the same class, the law is general. Datz v. Cleveland (N. J.) 431 3. A charter permitting a street-railway company to use horse or other power does not use of electricity as a motive power. mean other animal power, but will permit the Id. 4. Where authority is given to a streetrailway company by one section of its charter to use electricity as a motive power, and such authority is broad enough to permit its use by means of any system of application which is approved as suitable, and the only successful way of using such power is to place poles upon the sidewalks, the placing of poles there will not be held to be prohibited by a subsequent section of the charter providing that the company shall not incumber any portion of the streets. not occupied by its tracks; especially where such provision is copied from the charters of companies authorized to use horse power only. Id. NOTES AND BRIEFS. Id. Although a surety may bring suit, under Mansf. (Ark.) Dig. 6396, against bis principal to obtain indemnity against the debt or liability for which he is bound, he cannot sue in the name of the creditor. CarruthByrnes Hardware Co. v. Deere (Ark.) 405 NOTES AND BRIEFS. Subrogation; of surety. SUNDAY. See also TIME, 2. 84 1. The fact that a person was traveling on Sunday in violation of statute does not preclude her from maintaining an action against a carrier for injuries received in leaving the depot grounds. Delaware, L. & W. R. Co. v. Trautwein (N. J.) 435 1. A provision in the charter of a streetrailway company requiring publication of notice to abutters upon streets in which it proposes to lay its tracks, a certain time before their location, does not require the insertion 2. A verdict may lawfully be received in in the notice of a designation of the motive the early hours of Sunday, where the case was power intended to be used; especially where commenced, the evidence, argument, and charge of the court concluded, and the jury re- | amount of the tax depends on such populatired, before the beginning of Sunday. Hender- tion. son v. Reynolds (Ga.) 327 3. A will is not invalid because made on Sunday, without any unusual circumstances or special_necessity for its execution upon that day. The dra ting and execution of the will do not constitute common labor," or work in one's "usual avocation," within the meaning of Ind. Rev. Stat. 1881, § 2000. Rapp v. ReehY.) ling (Ind.) NOTES AND BRIEFS. See also TRIAL. 436 ld. 9. Securities in the actual possession and control of a nonresident trustee, the beneficiaries also being nonresidents, are not "due or owing to persons residing within the State," so as to be subject to taxation within the State, although two of the three trustees are residents thereof. People, Darrow, v. Coleman (N. 407 498 10. Debts due for money sent out of the State, and loaned by nonresident agents on notes and mortgages retained by them and which had never been in the State, are not 498 subject to taxation, under Hill's (Or.) Ann. Code, § 2731, providing that personal property shall include money, notes, or mortgages, "either within or without this State; all boats and vessels, whether at home or abroad, and all capital invested therein; all debts due or to become due from solvent debtors." The debts 1. Citizens can be taxed only for lawful mentioned include only domestic debts, as the public purposes. Thorndike v. Camden (Me.) section does not contain any words similar to 463 those of the previous clause relating to proper2. A town has no authority to vote a tax ty or interests out of the State. Poppleton v. for reimbursement of a collector who has im-Yamhill County (Or.) properly taken a note for taxes, and, after accounting for it as money, been unable to collect Id. 3. All property of whatever description, and not merely that selected for taxation by the Legislature, must be taxed, under N. C. Const. art. 7, § 9. Redmond v. Tarboro (N. C.) 539 TAXES. See also CONSTITUTIONAL LAW, 2; it. ANT. 4. The word "property," in N. C. Const. art. 7, 9, relating to taxation, includes moneys, credits, investments, and other choses in action. Id. 5. Although the power of a municipal corporation to tax is not conferred by the North Car olina Constitution, when such power is exercised the Constitution compels the taxation of all property therein, and that it shall be taxed according to its true value in money and by a uniform rule. ld. 449 11. The notice given by the board of equalization, in Oregon, or the county court sitting as such board, to a taxpayer, of a proposed increase of his assessment, need not specify the property to be added thereto. ld. 12. A reply is not necessary to an answer filed by a taxpayer on appearance before the board of equalization, to show cause why correction should not be made in his assessment. ld. 14. The separate classification of railroad 6. A schoolhouse in the city of New York Property for purposes of taxation, and a procannot be exempt from taxation as the prop- vision of a tribunal for the valuation and aserty of a religious society, if the society is un-sessment of such property different from that incorporated. Church of St. Monica v. New provided in the case of other classes of propYork (N. Y). 70 erty, is not prohibited by the constitutional provision requiring the valuation of property for purposes of taxation to be equal and uni. Id. 7. A city is not liable for a privilege tax on its waterworks, under the Teunessee Revenue Act of 1887, where the works are corporate property provided for furnishing water to extinguish fires and sprinkle the streets and to supply its citizens, either as a gratuity or for a compensation. Smith v. Nashville (Tenn.) 469 8. The liability of a city for a privilege tax on its waterworks, on the ground of furnishing persons and corporations outside the corporate limits, cannot be determined in a suit to recover money paid under protest for a privilege tax assessed under the Tennessee Revenue Act of 1887, for exercising the privilege of running a water company within its own limits, where there was no assessment for doing business elsewhere than in the city, and it does not appear that parties receiving the water outside of the city were in any city, town, or taxing district, or, if in any of these, what was the number of inhabitants therein, as the l form. 15. That notice of the meeting of a board of commissioners for the purpose of assessing railroad property for taxation is not given to the railroad company will not render the assessment void as a taking of property without due process of law, where the time and place for the meeting of the board are fixed by statThe notice contained in the statute is all that can be required. ute. Id. 16. A mere discrepancy in judgment be tween the members of a board of assessment and the chancellor to whom application is made to enjoin the collection of the tax, as to the value of the property taxed, will not warrant an interference on the part of the latter. Id NOTES AND BRIEFS. Taxes; must be uniform and uniformly as scssed; appeal from assessment upon railroad | demption must be made at the sheriff's office, company; separate classification of. 375 which the law does not require to be kept open Grants of immunity strictly construed. 70 on Sunday. In such case, redemption may be made on the following Monday, if the prior Property situated in another State. redemption was made on Saturday. Porter v. Upon trust property held out of the State. 407 Pierce (N. Y.) 449 TELEGRAPH COMPANIES. See also TITLE. See COURTS, 5. 847 TOWN. See also ACTION OR SUIT, 2; 1. A town council has no power to appropriate funds of the town to aid in building a county court house therein. Russell v. Tate (Ark.) 180 1. The question whether telegraph despatches are sufficient to inform the operator of their meaning and of the possible risk of loss by mistake is not to be determined solely by the despatches themselves, but all the facts and circumstances, including previous messages sent by the operator, may be considered. Postal Teleg. Cable Co. v. Lathrop (Ill.) 474 2. A town in the State of New York has no power to borrow money. Wells v. Salina 2. Where enough appears in a telegraph (N. Y.) message to show that it relates to a commercial business transaction, it is sufficient to charge the company with damages resulting from its negligent transmission, although the operator may not be able to understand its meaning as to quantity, quality, price, etc., as the sender and the party to whom it is sent understand it. ld. 759 3. An action cannot be maintained against a town on notes for money loaned to the town to carry on ordinary litigation, nor does any action lie to recover the money loaned. ld. 4. A town has power to employ counsel to oppose before the General Assembly the division of its territory. Farrel v. Derby (Conn.) 3. A message saying, "Please buy in ad776 dition to thousand August 1000 cheapest 5. The vote of the town is not necessary month," is sufficiently explicit to charge a tele-to authorize selectmen to employ counsel and graph company with the loss resulting from incur expense to oppose a division of the town inexcusable mistake. by the General Assembly. Id. Id. 4. Mental anguish caused by the failure to 6. The gift of a fund to a town for the reach the bedside of a person sick unto death, establishment of a public library, the fund to before death takes place, on account of the be held by trustees who are to invest it and exnegligence of a telegraph company in not depend the income therefrom for books in their livering a message promptly according to its best discretion, as well as control and manage contract, is a ground for the recovery of sub- the library, vests the legal title to the fund in stantial damages against the company. Reese the trustees, and the town has but the benev. Western U. Teleg. Co. (Ind.) 583 ficial interest. Cary Library v. Bliss (Mass.) 765 5. A message reading, "My wife is very ill; not expected to live,"-is sufficient to inform the company that mental anguish wil' probably TRESPASS. See ACTION OR SUIT, 6; result from its failure to deliver the message promptly. NOTES AND BRIEFS. Id. HACKMEN. NOTES AND BRIEFS. 618 TRIAL. See also NEW TRIAL, 1. TENANT IN COMMON. See WARE- it is error for the court to permit the counsel HOUSEMEN, 2. TIME. 1. The use of railroad "standard" time in all the cities and towns along the line of raiiroads does not authorize the use of that time in running the courts, where there is no law recognizing any other standard time in the computation of a day or the hours of a day than the meridian of the sun. Henderson v. Reynolds (Ga.) 327 2. Sunday is to be deemed a dies non in determining a creditor's right to redeem from a prior redemption creditor, under a statute requiring him to redeem within twenty four hours after the former redeems, where his re for a passenger on a railroad train, who is familiar with the management of railroads, and who knows from his familiarity with the train schedule that a collision between the train upon which he is riding and one coming from the opposite direction is imminent and liable to occur at any moment because of the negligence of the company's employés, to go forward into the baggage car, and, just as the trains are about to collide, to jump to the ground,-so as to prevent his recovering from the company the damages thereby occasioned, even although passengers who retained their seats in the cars were not seriously injured. The question as to the existence of negligence on his part is for the jury under all the circumstances of the case. Cody v. New York & N. E. R. Co. (Mass.) 843 5. Whether or not alighting from a moving train constitutes negligence is a question of fact to be determined by the jury, taking into consideration all the circumstances connected therewith. Pennsylvania Co. v. Marien (Ind.) 687 6. Whether the proximate cause of an injury to an employé loading poles on a car was the failure of the engineer or fireman of an engine which struck the car to ring the bell, or the negligence of the assistant roadmaster in ordering him to continue the work while the engine was backing down, telling him there was plenty of time, and throwing him off his guard, leading him to believe that the roadmaster would take care that the engine did not strike the car,-is a question for the jury. Har rison v. Detroit, L. & N. R. Co. (Mich.) 623 7. Whether or not the failure of a railroad company to give warning of the approach of a train to a crossing on a trestle over a public highway is negligence should be left to the jury. Rupard v. Chesapeake & O. R. Co. (KY) 316 8. Whether or not a youth employed in coupling cars had, or ought to have had, knowledge or appreciation of the danger incident to the use of guard rails with no blocking between them and the main rails, is a question for the jury. Davis v. St. Louis, 1. M. & S. R. Co. (Ark.) members of a board of trustees, separately ob4. The signature of a majority of the tained to a paper when the board is not in session, will not constitute a valid act by the board. Cary Library v. Bliss (Mass.) 283 9. Although it is the duty of counsel to present their prayers for instructions to the court, the court should embody no more than the substance of them in the charge, and should not give them in extenso, as requested, to the jury. ld. 10. An instruction to find for the plaintiff if the jury find from the evidence that plaintiff has made out her case as laid in her declaration is not erroneous where the declaration states a good cause of action. Laflin & R. Powder Co. v. Tearney (Ill.) 262 11. Where payment of a policy of life insur ance is contested because of the falsity of certain answers made by the applicant to questions propounded to him and which he warranted to be true, the charge to the jury upon the question of falsity must be confined to such ques tions and answers as were put in issue by the pleadings and evidence, and not extended to all the answers made by the applicant. Equitable L. Assur. Soc. v. Hazlewood (Tex.) 217 12. The court may require the jury to return 765 5. Where trustees are authorized to carry on a business and contract debts therein, and are given a right of indemnity from the trust estate for the personal liability incurred thereby, when the time arrives for terminating the trust a creditor of such trustees may bring suit in equity on behalf of himself and of other similar creditors to reach the trust fund for the satisfaction of his debt, without first recovering a judgment at law. Mason v. Pomeroy (Mass.) 771 6. If a trust to carry on a business, with power to contract debts, is given to three trus tees, who carry on the business for a time and in so doing contract debts, and then two of the trustees retire from the trust, and the other trustee continues the business and contracts more debts in good faith and for the benefit of the business, upon the termination of the trust and the winding up of the business the creditors whose claims accrued during the management of the three trustees have no equity to priority in payment over the other creditors, in the absence of provisions to that effect in |