this year's changes in the employers' liability law will increase the cost of injuries about one hundred per cent.

Such being the present condition of the liability law, giving rise to a possible-nay probable-serious injury to our manufacturing industries, what legislation is necessary to change the condition?

In Germany, Great Britain and other European countries, where a single legislature enacts laws for the whole country, the problem has been considered and laws enacted which for the present, at least, has reconciled the conflicting interests with a reasonable degree of satisfaction to all. The German scheme of compulsory insurance against sickness. accidents and old age, the cost being paid part by the employer, part by the employees, and part by the government, with a compensation schedule for injuries, is not considered wholly suitable to our form of government, especially the compulsory insurance feature.

The British scheme it is thought more nearly approaches our necessities and conditions, and with modifications could be adopted in part at least.

In Great Britain they have retained the old common-law rules for certain classes; they have for other classes enacted an employers' liability law with a compensation of damages for injuries-the compensation being about onehalf wages during disability and in case of death the wages continued to widow and minor children, while the government provides an old age pension.

In New York the legislature created a select commission of fourteen-three senators, five representatives and six appointees by the governor, to investigate the subject and recommend appropriate laws to meet the just recognition of all interested parties.

It is doubtful if any other state has the material to create a commission of equal experience and special adaptability to the work.

The commission represented all sides and phases of the questions involved and their investgation was most exhaustive. They called upon all accident insurance companies for their data and experience. They called for the experience data and advice of all the leading employers of labor in the state. They called upon all labor organizations for their statistics and suggestions. They called for the advice, suggestions and experience of all the courts, state and national. They took up the prevailing laws, experience, and data, obtained from all European countries. They called to their aid the leading experienced lawyers of the state, and from such resources formulated and presented to the legislature bills which the legislature has enacted to take effect on September 1; which in all probability is the nearest and best approach to a just and equitable disposition of the subject which under our system of government is at present attainable.

In those employments they have provided a scale of compensation for injuries suffered, arising from the risk or danger of the employment or the nature thereof; or from the negligence of the employer or any of his employees, made compulsory on the employer unless the employee chooses to pursue his common-law remedy against his employer, where he would be confined to his employer's negligence, and

subject to the defenses of fellow servant, assumed risk and contributory negligence.

ex

In such employment, for injuries disabling two weeks or more, the injured received onehalf weekly wages during disability not ceeding $10 per week or $3,000 in all, and in case of death twelve hundred times his daily earnings nor exceeding $3,000, paid weekly to his widow and minor children. Accepting the benefits under this law bars the right of action under any other.

Supplementing this compulsory law in reference to inherently dangerous employments, the employers' liability law is amended providing for a consent agreement between employers and employees as to compensation for injuries in employments other than those recognized as inherently dangerous-whereby under such compensation the common-law defenses, of the fellow servants, assumed risk and contributory negligence rules are substantially eliminated. Such consent agreements are to be executed in writing acknowledged and recorded. The compensation under this law is practically the same as under the compulsory law, and while in force, and unrevoked, bars the right of action under any other law.

Thus it will be noticed that where the employer's common-law liability is increased or the employer's defenses are removed, it is accompanied with a definite and limited compensation to be paid in weekly installments. The employer's liability and capital is not left to the arbitrary and uncertain action of juries. The lump sum compensation is discouraged in favor of the weekly payment plan, which experience shows to be more beneficial to the injured.

It is considered that under the operation of these New York laws the employees will receive three or four times as much as they have heretofore received for injuries while the employer's cost will be but little if any increased.

What the employer pays will go directly to the injured. There will be no delays, no hard feelings engendered, no contingent fees to absorb half of the compensation.

It may work a hardship on certain lawyers, but they will get into better employment, it will allow our courts more time to consider their decisions and get away from the necessity of affirming without report, so enjoyable to attorneys for plaintiffs in error.-Ohio Law Bulletin.

CHURCH AND STATE AND DIVORCE IN ENGLAND.

(We submit some observations from the editorial comments of London Law Journal on the subject of divorce, made as testimony taken before a Royal Commission to report its recommendations on the subject progresses. The report of this commission should be of interest in this country, which while not embarrassed, as is England, by any question of church and state, yet finds the subject under our direct system of government fully as difficult of solution. Editor Cent. L. J.)

The further evidence from the representatives of the churches, which the Divorce Commission has been hearing this week, serves only to emphasize the conflict which already exists between church and state in their attitude towards marriage and divorce, and which would be increased if the divorce law is reformed. The most intransigeant position is taken up by the Roman Catholic clerics, who, through their

spokesman, Monsignor Moyes, declared their complete opposition to the legislation of divorce in any circumstances. Without going so far as this, the Bishop of Ely declared that in the view of the Anglican Church divorce is permissible alone on the ground of adultery. Canon Hensley Henson, on the other hand, holds that the conditions of divorce should be determined by the state in the light of Christian principle, but with reference to the actual necessities and circumstances of men. But while recognizing the evils and inequalities of the present system, and admitting that it is better to grant divorce according to law than to deny divorce and thereby encourage license, the Canon could not approve of the proposed solution of universal civil marriage, "leaving the parties concerned to add any religious ceremony they may think proper." The Bishops of Birmingham and St. Albans last week favored that solution; but Canon Henson pointed out that it would be intolerable if clergymen could exclude from Communion in the national church, as "open and notorious evil livers," a man and wife who had contracted a marriage after a divorce according to the law of the State. The case of Bannister V. Thompson, which arose out of the legislation of marriage with a deceased wife's sister in face of the church's opposition, is an illustration of the unseemly situation which is almost bound to occur if the state recognizes divorces that the church repudiates. It is now quite obvious that the discussion of the divorce law re-opens in a very serious manner the question of the connection of church and state. Seeing that more than half the population of England are not members of the Anglican Church, it seems harsh and unreasonable that the church should impose its specific ideal of marriage upon the law of the land. On the other hand, so long as it is the state church, it is harsh that it should be compelled to bless unions which its own law holds illicit. It is not the task of the Divorce Commission to provide a solution for these difficulties but it must take account of them in framing a reform of the divorce law which shall at once do justice to the mass of the citizens of the country, and help to raise the moral standard and increase the happiness of the community. It will have time to consider these and other problems, arising out of the evidence of 160 witnesses, before it resumes its sittings in October.

It is, to our mind, a welcome thing that the Bishops of St. Albans and Birmingham, who have this week given evidence before the Royal Commission should both have expressed the conviction that marriage should be treated by the state as a civil contract. In this way the bishops see the only solution for the conflict between the common secular view and the view that is still held by the church of England, that marriage is indissoluble. In the eyes of the church divorce is an absolute evil, and the marriage of a person who has obtained divorce a sin. It was represented to the bishops that this was neither the doctrine of the leaders of the Reformation nor the attitude of the archbishops in 1857; but they insisted that it was the established position of the church to-day, and a position in which they could not allow the state to interfere. One is reminded of Maitland's youthful epigram that "at the Reformation the English state put an end to its Roman bride, but married its deceased wife's sister." But though the atttude of the Anglican leaders

opens up serious questions on the relation of church and state, it must for the moment be accepted; and all must recognize the injustice of compelling any religious body to act against its convictions. That being so, the only way which does justice at once to the requirements of the churches and the legitimate demands of the layman is for the state to make the civil ceremony compulsory, and to leave it to each religious denomination to impose its own conditions upon those who desire a sacred sanction to their union. As the Bishop of Birmingham pointed out, the state can well take measures to insure that the marriage contract should be regarded as more serious and solemn than an ordinary business engagement. At the same time the uncompromising hostility to divorce shown by the church discounts the value of the evidence given by a number of clergymen and Police Court missionaries to the effect that the working classes do not want greater facilities for divorce. Their wish has been father to the thought.-London Law Journal.

BOOK REVIEWS.

WILSON ON INTERNATIONAL LAW. Prof. George Grafton Wilson, of Harvard and Brown Universities, has added to the "Hornbook Series" a "Handbook of International Law." It is stated that by the Hague Peace Conference, which first assembled in 1899, "in a single decade the advance made in centuries is surpassed."

In this Handbook "the historical development of the principles of international law is set forth," and the new conditions, which were undreamed of in the age of Grotius, are considered, while the growing importance of diplomatic negotiations is portrayed. Especially interesting is the treatment of aerial dominion, growing out of aeronautics and wireless telegraphy and the marine limit anciently established as the then effective range of guns.

It were tedious to enumerate the chapter headings as to jurisdiction, belligerency, neutrality things contraband, blockade, etc, and we content ourselves with saying, that the aim of the author to treat the subject of international faw like municipal law, governed by binding rules and precedents is worthy of serious attention.

The volume is in law buckram, contains some 600 pages and issues from West Publishin Company, 1910.

Minnesota.

23, 44, 49, 60, 82 Mississippi. 35 Missouri....2, 6, 7, 8, 24, 28, 30, 34, 53, 55, 67, 68, 69, 76, 77, 79, 81, 88, 98, 104, 106, 107, 120. Nebraska.

27 New York....10, 41, 42, 56,71, 72, 73, 86, 89, 92, 94, 95, 96, 97, 99, 110, 117, 118, 124.

North Carolina.

North Dakota..

Pennsylvania.

South Carolina.

Texas...

.36, .57 .16, 38 .51, 91 ..5, 50 .32, 46, 47, 48, 52, 84, 100, 112, 122 United States C. C. 29, 33, 40, 58, 114 U. S. O. C. App....1, 14, 19, 20, 26, 45, 83, 87, 101, 121.

1. Abatement and Revival-Action for Injuries. An action for physical and mental pain and suffering, suffered by a person injured before his death, survives to decedent's widow and children.-Illinois Cent. R. Co. v. O'Neill, U. S. C. C. of App., Fifth Circuit, 177 Fed. 328.

2. Pendency of Prior Action.-Statement of essentials to dismissal of a suit, that it may not be available as still pending on a plea in abatement to a second suit for the same cause of action.-State ex rel. Ostmann v. Hines, Mo., 128 S. W. 250.

3. Adjoining Landowners-Lateral Support.Where an adjoining owner excavates, taking away the lateral support of his neighbor's ground, causing it to slide of its own weight, he is liable for damages.-Walker v. Strosnider, W. Va., 67 S. E. 1087.

4. Adverse Possession-Extent of Possession. -Invalid surveys and patents obtained by persons claiming land under them by reason of an adverse possession for more than 15 years are admissible to show the extent of the possession.-Anderson V. Proctor Coal Co., Ky., 128 S. W. 85.

5. Animals-Stock Laws.-Civ. Code 1902, sec. 1505, exempting a certain part of B. county from the operation of the general stock law, held not repealed by section 1506, in terms exempting, during a part of the year only, from the general stock law "all of B. county" except certain parts not exempted by section 1505. -Sanders v. Donnelly. S. C., 67 S. E. 1070.

6. Appeal and Error-Amendment of Pleadings. Where plaintiff obtains leave to amend his pleadings, and the trial proceeds on the theory that the amendment has been made, defendant cannot object on appeal that the amendment was not in fact made.-Browning V. Dorton, Mo., 128 S. W. 230.

to

7.the -Record.-Where abstract fails show that the testimony therein was preserved by bill of exceptions, and the pleadings are sufficient, the judgment will on motion be affirmed. Cline v. Cox, Mo., 128 S. W. 216.

8. Reversal and Dismissal. A reversal of judgment for plaintiff and dismissal of the petition finally determines the cause of action.Strottman v St. Louis, L M. & S. Ry. Co., Mo., 128 S. W. 187.

9. Review.-In considering on appeal whether a peremptory instruction for plaintiff was proper, the competency of the evidence will not be considered.-T. B. Jones & Co. v. Pelly, Ky., 128 S. W. 305.

10. Settled not Cage. It is within the province of the Appellate Division to suggest what evidence should be inserted in a settled case, or omitted therefrom; that being solely the function of the trial justice.-Trumbley v. New York Cent. & H. R. R. Co., 122 N. Y. Supp. 1071.

11.

Assault and Battery-Admissibility of Evidence. In an action for assault, evidence of damage from interruption of plaintiff's business held admissible under a general charge in the declaration, in the absence of a demand for a bill of particulars, under Code 1906, c. 130, sec. 46.-Jacobs v. Williams, W. Va., 67 S. E. 1113.

12. Banks and Banking-Acts of Cashier.Attempt by a bank cashier to secure himself after having been fraudulently induced to make a loan held not to constitute a ratification of the transaction.-Bank of Coffee Springs v W. A. McGilvray & Co., Ala., 52 So. 473.

13. Bankruptcy-Assessment on Stockholder. -A bankruptcy court administering the affairs of a bankrupt corporation held to have jurisdiction to grant the trustee's petition to levy an assessment on unpaid stock, regardless of the stockholders' residence.-In re Monarch Corporation, U. S. D. C., D. Conn., 177 Fed.

464.

14. Chattel Mortgage.-A bankrupt's trustee may refuse to recognize a chattel mortgage because of want of record under Bankruptcy Act July 1, 1898, c. 541, sec. 60a, 30 Stat. 562 (U. S. Comp. St. 1901, p. 3445), as amended by Act Feb. 5, 1903, c. 487, sec. 13, 32 Stat. 799 (U. S. Comp. St. Supp. 1909, p. 1314), if the state law requires the mortgage to be recorded for any purpose. In re Beckhaus, U. S. C. C. of App., Seventh Circuit, 177 Fed. 141.

15. Delinquent Taxes.-Since a penalty added to delinquent personal property taxes takes the place of interest, the penalty, as well as the delinquent taxes, was allowable against a bankrupt's estate. In re Scheidt Bros., U. S. D. C., S. D. Ohio, 177 Fed. 599.

16. Discharge.-The lien of an attachment on personal property of a bankrupt, set aside as exempt, held not discharged by a discharge in bankruptcy.-F. Mayer Boot & Shoe Co. v. Ferguson, N. D., 126 N. W. 110.

17.-Equity Practice.-Proceedings in bankruptcy are governed by the rules of practice in equity, where the acts of Congress and the general orders are silent.-In re Irwin, U. S. D. C., N. D. Mich., 177 Fed. 281.

19. Partnership Estates.-The various provisions of section 5 of the bankruptcy act are intended to vest a court of bankruptcy with full equity powers in dealing with partnership matters. In re Filmer, U. S. C. C. of App., Seventh Circuit, 177 Fed. 170.

20. Preference.-A bankrupt's trustee held not entitled to recover a payment made by the bankrupt on his wife's separate debt in the absence of evidence and a finding of fraudulent intent. In re Kayser, U. S. C. C. of App., Third Circuit, 177 Fed. 383.

21. Transfer of Assets.Where, pending bankruptcy proceedings, the bankrupt erroneously collected and appropriated certain commissions on insurance premiums, it was the trustee's duty to follow and recover them.-In re Wright, U. S. D. C., N. D. N. Y., 177 Fed. 578.

22. Use of Bankrupt's Books.-Bankr. Act July 1. 1898, c. 541, sec. 7, subd. 9, 30 Stat. 548 (U. S., Comp. St. 1901, p. 3425), so far as it affects right of trustee in bankruptcy to permit state prosecuting authorities to use books of bankrupt, held at most to raise question of competency of the evidence in the state court.-In re Tracy & Co., U. S. D. C., S. D. N. Y., 177 Fed. 532.

23. Benefit Societies-Service of Process.—A written admission of the service of process issued against a foreign insurance company by the state insurance commissioner held sufficient to confer jurisdiction.-State v. Brotherhood of American Yeoman, Minn., 126 N. W. 404.

24. Bills and Notes-Bona fide Purchase.Mere suspicion that a negotiable note is without consideration, or was obtained by fraud, brought home to the transferee before he acquired the note, is not sufficient to defeat his right to recover thereon.-Reeves v. Letts, Mo., 128 S. W. 246.

25. Joint Maker.-Though the joint maker of a note cannot purchase it, and an assignment to him will not pass title but only the right to contribution, the court will in a suit by him on the note allow him to amend so as to enforce contribution.-Deavenport v. Green River Deposit Bank, Ky., 128 S. W. 88.

27. uments

can

Boundaries-Establishment.-When monfixed by government survey be found, they will control as to the location of section corners.-Runkle v. Welty, Neb., 126 N. W. 139.

28. Brokers-Contract of Employment.-A contract employing a broker to procure a purchaser held to bind the owner to pay a commission, where he sold the property during the agency, but not to bind him to sell during the agency unless a buyer was found by the broker.-Mercantile Trust Co. v. Lamar, Mo., 128 S. W. 20. 29. Revocation of Agency.-A contract giving a broker an exclusive agency is revocable by the principal notwithstanding part performance, whether the principal commits a breach of contract in so doing or not.-Auerbach Internationale Wolfram Lampen Aktien Gesellschaft, U. S. C. C., S. D. N. Y., 177 Fed. 458. 30. Carriers-Delay in Delivering Freight.A carrier, delaying the delivery of freight, may not excuse the delay on the ground that the bills of lading were not presented, where it

V.

did not decline to deliver because the bills of lading were not presented.-W. R. Hall Grain Co. v. Louisville & N. R. Co., Mo., 128 S. W. 42.

31.--Injury to Passenger.-A public officer, specially employed by a carrier to perform services for it, held a servant of the carrier for whose wrongful injury of a passenger it is liable.-Layne v. Chesapeake & O. Ry. Co., W. Va., 67 S. E. 1103.

32. Passenger Elevators.-The owner of an elevator owes to a passenger the high degree of care generally owing by a common carrier.Farmers' & Mechanics' Nat. Bank v. Hanks, Tex., 128 S. W. 147.

33. Rates.-Whether state rates are reasonable involves a determination of the value of the property of the carrier devoted to public use to which the rates apply, the measure of a reasonable return on that value, and whether the rates are sufficient to that end.-Missouri, K. & T. Ry. Co. v. Love, U. S. C. C., N. D. Okla., 177 Fed. 493.

34. Carriers of Passengers-Loss of Baggage. -In action for loss of baggage of passenger, evidence held not to show conclusively that one employed to take charge of baggage was employed by excursionists and not by a railroad company.-Burnes v. Chicago, R. I. & P. Ry. Co., Mo., 128 S. W. 236.

35. Conspiracy-Civil Liability.-If defendants maliciously conspired together to injure plaintiff's business, all of defendants were properly joined in an action against them for damages; the conspiracy making the wrongful acts the joint wrong of all of them.-Globe & Rutgers Fire Ins. Co. v. Firemen's Fund Fire Ins. Co., Miss., 52 So. 454.

37.

Contracts-Construction.-The court cannot by an implication put into a written instrument what the parties have left out of it, nor reject what they have put into it, unless repugnant.-Caverly-Gould Co. V. Village of Springfield, Vt., 76 Atl. 39.

38.-General Demurrer.-Under the Code, in actions to recover on implied contracts, it is neither necessary nor proper to allege defendant's promise to pay.-Weber v. Lewis, N. D., 126 N. W. 105.

39.- Rescission.-A railroad asserting rights under a release by an employee of his claim for a personal injury cannot refuse to pay the price for which the release was given.-Illinois Cent. R. Co. v. Fairchild, Ind., 91 N. E. 836.

40. Restraint of Marriage.-The validity of a contract in restraint of marriage must be determined by its general tendency at the time it is made.--Sheppey v. Stevens, U. S. C. C., N. D. N. Y., 177 Fed. 484.

41. Validity.-A contract not to engage in a business not limited as to time and place is void as against public policy.-Von Bremen v. MacMonnies, 122 N. Y. Supp. 1087.

42. Corporations-Assent of Stockholders.Assignment of lands by a corporation to the holder of a third mortgage on its property, which it had neither made nor assumed, held not a violation of Laws 1892, c. 688, sec. 2, requiring the assent of stockholders to execution of mortgage.-Hirsch v. Twelfth Ward Bank, 122 N. Y. Supp. 1076.

43. Estoppel to Deny Existence.-Neither a corporation nor an individual can deny its or his own existence in a court proceeding.Pilliod v. Angola Ry. & Power Co., Ind., 91 N. E. 829.

44. Foreign Corporations.-A foreign corporation accepts its license admitting it to the state subject to the proper exercise by the state of the police power.-State v. Creamery Package Mfg. Co., Minn., 126 N. W. 126.

45. Liability of Stockholders.-A corporation which is a going concern, but has become in fact insolvent, and is without credit, and its stock of no value, may lawfully in good faith issue new stock to its old stockholders as a bonus for loans made it to pay its debts and it enable it to resume business, and in case fails such stockholders cannot be called on by creditors to pay par value for such stock, as if of they had subscribed to the original stock the company.-Ingraham v. Commercial Lead Co., U. S. C. C. App.., Eighth Circuit, 177 Fed. 341.

46. -Permits.-A foreign corporation held not a corporation for pecuniary profit within Rev. St. 1895, arts. 745, 746, and it need not obtain a permit to conduct its affairs-City of San Antonio v. Salvation Army, Tex., 127 S. W. 860.

47.- Powers of Foreign Corporation.-A foreign corporation clothed with power to erect homes for the rescue of fallen women, held entitled to erect such homer in Texas in the absence of any statute prohibiting it.-City of San Antonio v. Salvation Army, Tex., 127 S. W. 860.

48.- -Right to Do Business.-Under Rev. St. 1895, art. 745, where a foreign corporation for pecuniary profit chartered for more than one purpose, applies for permits to do business in the state, the Secretary of State may limit the business to one or more purposes.-City of San Antonio V. Salvation Army, Tex., 127 S. W. 860.

49. Sale of Capital Stock.-Sale of its entire stock does not affect debts of a corporation, and in action by a stockholder such corporation cannot claim estoppel on the ground that he procured the sale by representing the corporation to be free from debt.-Erickson v. Revere Elevator Co., Minn., 126 N. W. 130. 50.

Counties-Formation of New Counties.Where it is admitted, on certiorari to review a contest of an election to form a new county, that the necessary two-thirds vote was not secured in a section of one county as required by Const. art. 7, sec. 2, the validity of the election in a portion of another involved in the contest is immaterial.-State v. Smith, S. C., 67 S. E. 1072.

51. Courts-Conflicting Jurisdiction.-A court cannot appoint a receiver where one has already been appointed by another court of equal jurisdiction.-Tenth Nat. Bank of Philadelphia v. Smith Const. Co., Pa., 76 Atl. 67.

52. Damages-Injury to Wife.-In a personal injury action, plaintiff may recover for the services of his wife in nursing him, where the services of a nurse were necessary.-Houston & T. C. R. Co. v. Gerald, Tex., 125 S. W. 166.

53. Reduction of Loss by Insurance.-The right of an insurer paying a fire loss occasioned by the tort of another, to sue the tort-feasor for reimbursement, cannot be asserted by the wrongdoer in defense to an action against him

by the property owner.-Foster v. Missouri Pac. Ry. Co., Mo., 128 S. W. 36.

54. Deeds Mental Capacity of Grantor.-A person capable of knowing the nature, character, and effect of his deed when making it is legally compos mentis.-Black v. Post, W. Va.,

67 S. E. 1072.

55. Election of Remedies-Application of Doctrine. Commencement and dismissal before final judgment of a suit under one remedy held not an election of remedies, preventing pursuit of the other remedy.-Steinbach v. Murphy, Mo., 128 S. W. 207.

56. Eminent Domain-Individual Operating Railroad. An individual operating a railroad cannot acquire land by eminent domain.-People v. Erie R. Co., N. Y., 91 N. E. 849.

57. Special Benefits.-The question whether plaintiff had received any special benefits on account of the construction of a road was properly modified so as to ask whether she had reand others in the vicinity.-Bost v. Cabarrus County, N. C., 67 S. E. 1066.

or

58. Estoppel-What Constitutes.-An act election claimed to constitute an estoppel must be clearly and definitely proved.-Hanneman Richter, U. S. C. C., E. D. N. Y., 177 Fed. 563.

59. Evidence-Conclusions.-Question,

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asked

of a witness as to whether he looked and listened "carefully" before traversing a railroad crossing, was not objectionable as calling for a conclusion.-Southern Ry. Co. v. Stollenwerck, Ala., 52 So. 204.

CO.- -Market Value.-What may have been paid for property in trade is incompetent to establish its market value. Sveiven v. Thompson, Minn., 126 N. W. 131.

61. Parol Evidence.-Parol evidence of the true consideration of a written release of a claim held admissible.-Illinois Cent. R. Co.

v. Fairchild, Ind., 91 N. E. 836.

an applica

62 Parol Evidenca-Where tion for insurance is not attached to the policy, parol evidence of the contents of the application is not admissible.-Southern States Mut. Life Ins. Co. v. Herlihy, Ky., 128 S. W. 91.

63. Exceptions. Bill of-In Vacation.-The office of the phrase "in vacation," in Code 1906, c. 131, sec. 9, authorizing the taking of bills of exception after adjournment, stated.-Layne v. Chesapeake & O. Ry. Co., W. Va., 67 S. E. 1103.

64. Executors and Administrators-Application for Year's Support.-Evidence held to satisfy the burden of proof, on application for a year's support as decedent's widow, to show that she was married to decedent.-Hewlett v. Watson, Ga., 67 S. E. 1128.

65.- -Sale of Land Under Order of Court.On an objection to the issuance of a deed to a purchaser at the sale of land to a decedent, on the ground that the purchaser had agreed to take title in the name of his mother for the benefit of her minor grandchildren, it was not necessary that the mother be made a party.Davis v. Spicer, Ky., 128 S. W. 294. 66.

Guaranty Guarantor's Liability.-Where the guaranty of defendant's performance of a contract to deliver logs was a part of the contract, the guarantors were primarily liable for its breach.-Pulaski Stave Co. v. Miller's Creek Lumber Co., Ky., 128 S. W. 96.

67. Guardian and Ward-Final Settlement.Services of a ward rendered to a guardian are assets of the guardianship, claims for which may be adjudicated in the proceedings for the final settlement of the guardian's accounts.— Ackermann v. Haumueller, Mo., 128 S. W. 51.

68. Health-Fire Escapes.-One charged as manager of a building with violating Sess. Acts 1901, pp. 219, 220, secs. 1-3, as amended by