the law as applied to the facts of the case, and no findings of fact were made as prescribed by the statute: Stats. 1898, sec. 2863. The result is that there are no findings nor evidence to support the judgment. The evidence fails to disclose with reasonably certainty the rights of the respective claimants. It seems clearly to establish that Ovitz made the arrest, and is therefore entitled at least to share in the reward; but whether Richards can be held to have participated is not clear. Doubtless, if he brought information of his discovery, and secured the co-operation of Ovitz to return with him to make the arrest, then he would be legally a participant. If, after giving the information, he was prevented from accompanying Ovitz by the latter's subterfuge, then Ovitz should have no larger share than if Richards accompanied him, nor should Richards have less. If, on the other hand, Richards intentionally evaded any participation in the actual arrest, the mere giving of information to Ovitz, not in his official capacity, would not be a compliance with the offer of reward. As to Kinn, his share, if any, in the recovery must depend on the facts, as to Richards, whether the latter intentionally refrained from joining in the arrest, or was prevented by the acts of Ovitz, in which 548 Kinn participated. The trial court is the appropriate place for the determination of such question. There must be further trial in this case. This is in harmony with what is said in Brown v. Griswold, 109 Wis. 275, 280, 85 N. W. 363, and Bostwick v. Mutual Life Ins. Co., 116 Wis. 392, 92 N. W. 246, 259. By the Court. The judgment of the circuit court is reversed, and the cause is remanded for further trial and proceedings according to law. A Reward may be claimed by a constable or other officer for making an arrest not required by his official duty: Kasling v. Morris, 71 Tex. 584, 10 Am. St. Rep. 797, 9 S. W. 739; Hayden v. Songer, 56 Ind. 42, 26 Am. Rep. 1; Davis v. Munson, 43 Vt. 676, 5 Am. Rep. 315. But it is generally held, on grounds of public policy, that he cannot claim the reward where it was his duty to make the arrest: Note to Hayden v. Songer, 26 Am. Rep. 5; Matter of Russell, 51 Conn. 577, 50 Am. Rep. 55; Stamper v. Temple, 6 Humph. 113, 44 Am. Dec. 296; Kick v. Merry, 23 Mo. 72, 66 Am. Dec. 658; St. Louis etc. Ry. Co. v. Grafton, 51 Ark. 504, 14 Am St. Rep. 66, 11 S. W. 702. A substantial compliance with the terms of reward is suffi cient: Note to Hayden v. Songer, 26 Am. Rep. 7. There must, how ever, be a substantial performance: Williams v. West Chicago St. R. R. Co., 191 Ill. 610, 85 Am. St. Rep. 278, 61 N. E. 456. INDEX TO THE NOTES. Administrators' Bonds, subrogation in favor of sureties on, 509. Appeal Bonds, subrogation in favor of sureties on, 508. Artesian Wells. See Waters. Baggage. See Carriers of Passengers. Carriers of Passengers, baggage, accountability for is not that of baggage, action of trespass or trover for wrongful acts of car- baggage, actions for, by whom may be maintained, 388. baggage, acts of God which will relieve from liability for, 346. baggage, articles need not be used on the journey, 347. baggage, authority of baggage-master over, 380. baggage, bedding and household goods, whether may be, 350. baggage, burden of proof respecting cause of injury to, 347. baggage, carrier's power to restrict his liability for, by con- baggage, carrier's power to restrict his liability for, by no- baggage, carriers need not send except on train on which the baggage, checks as evidence of the receipt of, 390. baggage, compensation, carriage of without, 346. baggage, conditions in tickets, whether may limit liability for, baggage, conditions limiting amount recoverable for loss of, (1019) Carriers of Passengers, baggage, conditions limiting liability for, baggage, conditions limiting liability for, passenger must know baggage, conflict of laws respecting, place where contract is to baggage, connecting carriers, burden of proof to show on which baggage, connecting carriers, English rule respecting liability baggage, connecting carriers, liability of for, 359, 360. baggage, connecting carriers, limiting liability for to the line baggage, connecting carriers, presumption where it is not shown baggage, connecting carriers, restrictions by one, when avail. baggage, connecting carriers, sale of through-ticket does not baggage, connecting carriers, which held liable for, 363. baggage, definitions of, 347, 348. baggage, delivery of by carrier, burden of proving, 379. baggage, delivery of to carrier, burden of proving, 372. baggage, delivery of to carrier, sufficiency of, 373. baggage, delivery of, to whom may be made by the carrier, 378. baggage, documents, valuable, are not part of, 350. baggage, dogs, when may be part of, 352. baggage, evidence, effect of checks as, 390, 391. baggage, evidence, statements of carrier's agents respecting, 391. baggage, extra, liability for, 359. baggage, father, whether may maintain action for though he was not himself a passenger, 390. baggage, husband may maintain action for though he was not baggage, jewelry, to what extent may be, 350. baggage, knowledge by the carrier of the character of the prop baggage, left in cars after the departure of passengers, liabil baggage, liability for beyond their own lines, 359, 360. baggage, liability for, custom determining when ceases, 377. Carriers of Passengers, baggage, liability for, does not cease until baggage, liability for, of which passenger keeps personal con- baggage, liability for, when a passenger does not accompany baggage, liability for, when attaches, 371. baggage, liability for, when lost by flood, 347. baggage, liability for, when received before the passenger pur- baggage, liability for, when terminates, 376. baggage, liability for, where passage money has not been paid baggage, liability for, willful acts of employés, 380. baggage, liability of carriers for delivering to an unauthorized baggage, liability of carriers for sending by the wrong train, 383. baggage, liability of carriers for when taken charge of by gov- baggage, liability of for, on what based, 346. baggage, liability of railways for when left by passengers in baggage, limitations on liability for, statutes prohibiting, 370. baggage, manuscript, when may be parts of, 352. baggage, measure of damages for delay in delivering, 386. baggage, merchandise and samples of goods are not parts of, baggage, merchandise and samples, custom, when creates liabil- baggage, merchandise and samples, knowledge by agents that baggage, merchandise and samples may become by agreement, baggage, merchandise and samples, rules of the carrier against baggage, miscellaneous articles which may be parts of, 353. their person, 374. on baggage, money for a purpose not connected with the expenses of a journey, 349. |