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Liability for conversion, see Trover and by the clerk of the court and ex officio re

Conversion, 4.

Penalty for usury, see Usury, 2–5.

BASTARDY.

Neglect to prosecute.

1. The fact that a prosecution for bastardy does not take place till the statutory limitation has expired, computing from the birth of the child, will not bar a recovery. where there is a clear preponderance of evidence showing that the party accused is the putative father, and that the mother, at the first opportunity after its birth. stated to him and others that he was the father, and asked him to provide for its support, and continued so to insist to the time the proceedings were instituted; the parties, in the mean time, being on amicable terms. -Denham v. Watson, (Neb.) 308.

2. Where there is a delay of more than four years in instituting bastardy proceedings, expenses accruing prior to the action will not be allowed.-Id.

Evidence.

corder to be a true copy, as appears from the records, and under the seal of the court, is inadmissible, under the act of congress (Rev. St. U. S. § 906) requiring a further certificate by the presiding justice, etc. -Id.

who was the official issuing a marriage li 4. An attorney at law of another state, cense there, may testify that he examined the records, and did not find the license. and that the license followed the language of the statute.-Id.

having been identified by such witness, is 5. The bond for the marriage license, admissible as corroborative evidence of the marriage. Id.

Bill of Exceptions.

See Exceptions, Bill of

Bill of Sale.

See Sale, 11.

Bills and Notes.

BLACKMAIL.

What constitutes.

3. Plaintiff, in bastardy proceedings, testified that she had sexual intercourse with defendant during the summer and autumn See Negotiable Instruments. of 1880 at least 20 times; that, as a result, a child was born to her in September, 1881; that defendant was away at the time, but, as soon as he returned, she informed him that he was the father, which he did not deny. Defendant denied having had sexA conviction on indictment under Code ual intercourse with plaintiff, but admitted the conversation stated by plaintiff. There Iowa, §3871, relating to the offense of makwas also testimony that plaintiff had sex-ing malicious threats with intent to extort ual intercourse with other men, and testimony offered to impeach the witness giving such testimony. Held, that the evidence was sufficient to show defendant to be the putative father.-Id.

Information.

BIGAMY.

1. An amendment of an information for bigamy on calling the case, but before trial, by changing the name of the county of another state in which the prior marriage is alleged to have occurred, is not error, where no application for a continuance is made.-People v. Perriman, (Mich.) 425. Evidence.

2. In a prosecution for bigamy, a marriage may be shown by the testimony of an eye-witness that a marriage ceremony was performed by one acting in the character of a clergyman or magistrate, in the absence of a statute of the place of marriage requiring greater proof.-Id.

3. A copy of a marriage certificate from the records of another state, certified only

money, cannot be sustained by evidence that defendant, a constable, had a searchwarrant for the premises of the complaining witnesses; that he notified them of the fact, and signified his willingness, for a bribe, to refrain from making search; that the witnesses accordingly gave him some money; and that he assured them the matter would be dropped. - State v. Pierce, (Iowa,) 715.

BONDS.

Indemnity bond, see Principal and Sure-
Of contractors, see Mechanics' Liens, 5.
ty, 2.

Actions on.

In an action on a bond in which the principal and sureties guarantied payment at maturity of instruments purchased of the principal by plaintiff, the instruments referred to in the bond are admissible for the purpose of fixing the amount of plaintiff's recovery, without proof of their execution, though their execution is denied by the answer.-Lombard v. Mayberry, (Neb.) 271.

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"any [county] board may annually levy, on the taxable property of the county, a county road tax, not exceeding $8,000, which shall be expended under their direction in making culverts, grading, graveling, ditching, or otherwise improving such highways, does not authorize the board to levy a tax for the rebuilding of a bridge over a navigable river.—Id.

6. A county in Michigan is not required to maintain or repair a bridge, as that duty belongs to the township in which it is situated, under How. St. Mich. § 1445, though

Over railroad track, see Municipal Corpora- on two occasions, many years ago, the legtions, 9.

Maintenance and repair.

islature by special act authorized the coun-
ty to rebuild the bridge when destroyed by
freshets, and appropriated funds and land
in aid of the work. - Delta Lumber Co. v.
Board of Auditors, (Mich.) 1.
Taxes and assessments.

1. Under How. St. Mich. § 1381, providing that whenever, in the opinion of the commissioner of highways, an exigency exists requiring more than $1,000 for building or reparing a bridge, the matter shall electors at the annual township meeting to 7. How. St. Mich. § 1326, authorizes the be referred to the township board; and sec- vote, within certain limits, an assessment tion 1379, providing that, where the cost is of money and labor for improvement in less than $1.000, the commissioner shall highways and bridges during the year. have the work done without such proceed- Sections 1379-1381 empower the highway ings,-mandamus to repair a bridge will not commissioners to make repairs in bridges, issue, where he answers that in his opin- to the extent of $1,000, in a township, for ion the cost will be more than $1,000, though affidavits that the cost will be less one year, but, if more than that sum is necthan $1,000 accompany the petition.essary, they must submit it to a vote of the electors. Upon making such repairs, the Travis v. Skinner, (Mich.) 234. 2. Mandamus to the highway commis-expenses are to be certified to the supersioner to repair a bridge will not issue sioner to repair a bridge will not issue where the commissioner denies that the bridge is public, unless petitioner shows affirmatively that it is a public bridge. Id. 3. Rev. St. Wis. § 1320, as amended by Laws 1885, c. 345, § 1, and Laws 1887, c. 285, authorizes a county through which a navigable stream runs to levy a tax for the purpose of bridging the same, or to issue corporate bonds therefor. Section 1321, as amended by Laws 1885, c. 345, § 2. provides that no such tax shall be levied or bonds issued until authorized by vote of the electors of the county. Held, that the necessary means to rebuild a bridge over a navigable river, which it was the duty of the county to maintain, not being in the treasury, and the board not having been authorized in the manner prescribed to levy a tax or issue bonds to raise the same, the board could not be compelled by mandamus to rebuild the bridge.-State v. Wood County, (Wis.) 381.

4. Á legislative act authorizing a county to erect a bridge over a river between two towns, but providing that no such tax shall be levied until authorized by a majority of the electors of the county, does not relieve the county from the duty of rebuilding a bridge connecting the towns which has been destroyed, and which it is the duty of the county to maintain.-Id.

5. Rev. St. Wis. § 1308, providing that

visor, and included in the general levy for township purposes. Held, that though the electors have voted a levy for the same year, which has been collected and exnamed sections may be levied and collected, pended, the tax provided for in the lastas the former is intended for ordinary, and the latter for extraordinary, expenses.Longyear v. Aplin, (Mich.) 738.

to draw his orders for the expenses upon 8. Though the commissioner is required the treasurer, whose duty it is to notify the clerk of the amount, the record of the board of commissioners need not recite those facts, but it is sufficient if it shows that, on footing up the expenses for the year, a given amount is found due, which the clerk is directed to certify to the supervisor.--Id.

9. Taxes assessed in 1885, under the law

of 1882, may be collected, and land delinquent for the non-payment thereof may be sold under the law of 1885. Following Davenport v. Aplin, 38 N. W. Rep. 211.-Id.

Evidence.

BURGLARY.

On indictment for having in possession instruments of burglary, with intent to use them for that purpose, there being evidence that defendant had said he had not been in the safe business long, and would have quit

gers.

it six months before if he had not met one | Of passengers-Injuries to passenB., who persuaded him to go out and do some work with him, the evidence also showing that defendant had the tools in his possession, evidence that B. was a burglar, safe-blower, pickpocket, and thief is competent as tending to prove the intent with which defendant had the tools.-People v. Howard, (Mich.) 789.

Cancellation.

Of deed, see Equity, 3. mortgage, see Equity, 4.

CARRIERS.

Of goods-Delay in shipment.

is injured in a collision with another train 6. A passenger on a railroad train, who of a different company, may recover of the latter, if negligent, though the collision was partly caused by those in charge of the train on which plaintiff was a passenger.Flaherty v. Northern Pac. Ry. Co., (Minn.) 160.

7. Two railroad companies may be sued jointly for injuries received by a passenger in an accident caused by the negligence of the servants of both companies.-Id.

8. A railroad company which provides proper and safe means of egress from its depot platforms to the public highway is not liable to one who seeks to attain the highway by way of the railroad track, and is injured by falling into a cattle-guard. in-Sturgis v. Detroit, G. H. & M. Ry. Co., (Mich.) 914.

1. In an action against a railroad company for damages occasioned by delay carrying potatoes for plaintiff. the admission of the answer of defendant's agent at the connecting station, to the question whether he knew of any train on the connecting road, except the regular one leaving after a night's delay, is improper, as defendant cannot avoid liability by delays on the connecting road; and, being admitted over an objection that it was immaterial, the court may have given it weight, and the error is material, though there was no evidence of such delay.-Blodgett v. Abbott, (Wis.) 491.

2. The potatoes having been shipped at a season of the year when it was turning cold, exclusion of evidence as to what was said, when the contract of carriage was made, about the length of time it would require to reach the destination, is error; since it might have been the inducement to the contract.-Id.

3. The evidence as to whether or not it was the duty of defendant's conductor to put the car containing the potatoes on a track from which the connecting line took cars for defendant being contradictory, the question was improperly taken from the jury.-Id.

Of passengers-Freight trains.

4. A rule that no conductor in charge of a through freight train shall allow any person to travel as a passenger on his train without a written permit from the superintendent is a reasonable one, and within the power of a railroad company to prescribe. -Thomas v. Chicago & G. T. Ry. Co., (Mich.) 463.*

5. After the adoption of such a rule, a passenger ticket, expressed to be "good going on any train" on a certain day, does not give the passenger any right to ride on a through freight train without a permit, and on attempting to do so the conductor may lawfully eject him.-Id.*

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Ejection of passengers.

road company, upon application at its tick9. Rev. St. Wis. § 1803, requires a railet station, and payment of the price, to sell round-trip tickets. Plaintiff purchased a ticket on defendant's road from E. to W. and return, one part of which was marked, "R. T. Going. E. to W.," and the other, "R. T. Returning. W. to E.;" both parts being similarly numbered. On the first part were the words "Not good for passage" on a line with the words "if detached," on the second part. The two parts of the ticket became detached without plaintiff's fault, and were both presented, on the trip from E. to W., to the and ejected plaintiff. Held, that the comconductor, who refused to receive them, pany was liable.-Wightman v. Chicago & N. W. Ry. Co., (Wis.) 689.*

10. Plaintiff was ordered by the conductor to leave the train on which she was a passenger, at a point several hundred feet from the station, and compelled to walk along a side track crossing a highway, on an open culvert. Owing to the darkness, she fell into the culvert, receiving injuries, and was frightened by the backing of trains on the track towards her while attempting to extricate herself. Held, that she could recover for the fright, and for such other mental suffering as was the result of defendant's negligence.-Stutz v. Chicago & N. W. Ry. Co., (Wis.) 653.

11. Where, in an action against a railroad company for damages caused by being ejected from a train, plaintiff's declaration charges that he was lawfully riding on the train as a passenger, and that the conductor unlawfully put him off, and his evidence is to the effect that he was riding on a freight, train without a proper permit from the superintendent, as required by a rule of the

company, on account of the fault of the station agent, the variance is fatal.-Thomas v. Chicago & G. T. Ry. Co. (Mich.) 463. -Loss of baggage.

12. Where a railroad company's trains, by an arrangement with a depot company, regularly enter and depart from the depot of the latter, and intrusts to it the business of handling and checking the baggage of its passengers, and furnishes its own checks therefor, such company must be deemed the agent of the railroad company in respect to such business.-Ahlbeck v. St. Paul, M. & M. Ry. Co., (Minn.) 364.

13. The possession of a baggage check by a railway passenger is prima facie evi dence that the carrier has received and is in possession of his personal baggage; and where he delivers the check to the agent of a connecting railroad company, and receives its check in exchange, the presumption is that the baggage is received in due course by the latter company, and it is responsible therefor.-Id.

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Laches.

valid, and covered a crop of thirty-three acres of wheat, and six of oats, growing, when the mortgage was executed, on the land described therein, in possession of the mortgagor. - Strolberg v. Brandenberg, (Minn.) 356.*

Filing.

2. A chattel mortgage, filed in the county where the mortgagor resides, is constructive notice of the existence of such mortgage, and will be constructive notice in any county to which the mortgagor may remove the property.-Grand Island Banking Co. v. Frey, (Neb.) 599. Lien, how divested.

3. One who purchases machinery on which there is a valid chattel mortgage cannot divest the lien by attaching such machinery as a fixture in a roller-mill.—Id. Redemption.

4. In replevin by a mortgagee against a mortgagor for a stock of goods of which the former had been in possession, where defendant files a counter-claim to redeem on payment of the balance found due, and the court states the account between the parties, giving defendant the right to redeem on paying the designated balance, money received by him on sales made from the stock, after regaining its possession, is properly omitted from such account.Burr v. Dana, (Wis.) 635.

Creditors, 3.

Concealment.

2. Proceedings to organize a school-dis- Of property. see Assignment for Benefit of trict being void, the fact that certiorari was not taken till nearly a month afterwards, and the writ not served till a week later, after the new district was fully organized, is no ground for sustaining them.-Gentle v. Board of School Inspectors, (Mich.) 928.

Change of Venue.

See Venue in Civil Cases.

CHATTEL MORTGAGES. Mortgage as evidence, see Trover and Conversion, 7.

Validity-Description.

CONSTITUTIONAL LAW. Deprivation of remedies, see Libel and

Slander, 2.

Due process of law, see Mechanics' Liens, 1, 2.

Homestead rights, see Mechanics' Liens, 3.
Interstate commerce, see Railroad Com-
panies.

Organization of towns, see Towns, 2, 3.
Powers of circuit court, see Taxation, 8.
Taxation, see Drainage.

Judicial powers.

1. Gen. Laws Minn. 1887, c. 170, § 11, 1. In an instrument filed as a chattel (mechanics' lien law.) providing that, when mortgage, the description was as follows: any doubt exists as to the construction of "All that certain personal property de- the law, it shall be the duty of the court to scribed as follows, to wit: The NW of construe it so as to give the person perNW and SW of N Win section 11, forming any labor the full amount of his township number one hundred thirty-four claim, over and above attorney's fees and (134) north of range thirty-eight (38) eightie costs, is unconstitutional, being an in(39) ackers in crop, (33) ackers in whead vasion of the functions of the judiciary.and (6) ackers ods all of said property, "Meyer v. Berlandi, (Minn.) 513.

etc. Other parts of the instrument clearly Titles of laws.

indicated it to be a mortgage on personal 2. Act Mich. 1867, No. 116, entitled "An property. Held, that the mortgage was act to amend chapter 154 of the Revised

or after the making of a contract, or per-
forming labor, or furnishing material, shall
operate upon the building erected, or ma-
terial furnished, until the lien for labor or
material is satisfied, are unconstitutional,
as affecting vested interests.-Meyer v. Ber-
landi, (Minn.) 513.
Imprisonment for debt.

Statutes of 1846, being chapter 180 of the Compiled Laws, entitled Offenses against the lives and property of individuals," " which adds a new section to the act, punishing the keeping of instruments of burglary, is not unconstitutional for failure to properly express its purpose by its title, though the title of each of said chapters is "Of offenses against property," the chap8. Gen. Laws Minn. 1887, c. 170, § 3. (meters each having the same number of sec- chanics' lien law,) making the failure of a tions, and each providing for the punish- contractor, who has received his pay from ment of various offenses against property, the owner, to pay his laborers and materialas the amendment comes within the scope men, (although he may not be guilty of any of the amended chapters, and the error in fraud.) a felony punishable by imprisondesignating the title could not mislead.-ment in the penitentiary, is repugnant to People v. Howard, (Mich.) 789. Const. art. 1, 12, prohibiting imprison

3. The body of a bill did not appear in the journal, but its title showed that it proposed to take territory from the township of Ft. G., in St. C. county, and organize therefrom a new township; the journal not showing what particular territory it was. The substitute, as passed, was to incorporate the city of Me, within the same county. Held, that the substitute was not a "new bill," within the meaning of Const. Mich. art. 4, § 28, providing that no new bill shall be introduced after 50 days from the beginning of the session.-People v. McElroy, (Mich.) 750.

ment for debt.-Id.

CONTEMPT.

Commitment.

Code Iowa, § 3497, relating to contempt proceedings, and providing that "where the action of the court is founded on evidence given by others, such evidence must be in writing, and be filed and preserved," is mandatory, and an order of commitment for contempt, made when the evidence is not of record, is void, and is not validated by a subsequent filing of the reporter's notes.-Dorgan v. Granger, (Iowa,) 697. Continuance.

4. It is not material that the titles were affixed to the chapters in the Revised and Compiled Statutes by the compiler, and not by the legislature, as the title would nevertheless serve as notice that an amend- See Criminal Law, 2. ment to the criminal law was proposed, and accomplish the principal purpose of the constitutional requirement.-People v. Howard, (Mich.) 789.

5. Acts Mich. 1883, No. 94, as amended, 1885, No. 45, making it the duty of officers contracting for public buildings, works, or improvements to require a bond for the payment by the contractor for all labor performed or materials furnished, are constitutionally enacted under the title "An act to insure payment of wages earned, and for materials used, in constructing, repairing, or ornamenting public buildings and public works."-Plummer v. Kennedy, (Mich.) 433.

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CONTRACTS.

See, also, Assignment; Assignment for Ben-
efit of Creditors; Assumpsit; Carriers;
Chattel Mortgages; Deed; Factors and
Brokers; Frauds, Statute of; Fraudulent
Conveyances; Insurance; Landlord and
Tenant; Marriage; Master and Servant;
Mortgages; Negotiable Instruments; Nova-
tion; Partnership; Principal and Agent;
Principal and Surety; Release and Dis-
charge; Sale; Specific Performance; Us-
ury; Vendor and Vendee.

Construction. see Limitation of Actions, 9.
Corporate contracts, see Corporations, 5.
Measure of damages for breach, see Dam-

ages, 1-5.

Of infants, see Infancy.

married women, see Husband and Wife, 8. 9. To make wills, see Wills, 4, 5. Public policy.

1. A contract that, in consideration of estimates furnished on the amount of timber on certain lands, one will, if he buys the lands, pay the land-looker a commission, is not against public policy, because such estimates were made for the then owner of

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