SHERIFFS' FEES-Continued.

b-Most of the sheriff's statutory fees relate to services in
connection with the administration of civil and criminal
justice, and the keeping and control of prisoners. There are
the strongest reasons why such matters should not be left to
the supervisors, but it is enough for the present purpose that
they have not been so left.

c-The sheriff has it in his power to forward or hinder the
course of criminal justice in many respects. It is essential
to public safety that its administration be kept as far as pos-
sible free from any extraneous meddling or interference, and,
if the supervisors or any other body can have a voice in the
payment of the sheriff's charges, it is evident that his sub-
servience to them is invited, if not compelled, and that they
can have a good deal to do with the pursuit or exemption of
criminals.

d-We have been compelled several times to compel the
payment of justices' fees for criminal examinations that did
not terminate as the supervisors desired, or which were prose-
cuted against their wishes.

e-If the principle is once admitted that any deviation can
be had from the statutory allowances, the temptation is
directly offered to the sheriff to make himself agreeable to
the board on the one hand, and to shirk unprofitable duties
on the other. 117, 118 (2).

SLANDER OF TITLE-See DAMAGES (2); EVIDENCE (18).

SPECIAL APPEAL-See APPEAL; QUESTIONS TO JURY.

SPECIFIC PERFORMANCE—See STATUTE of Frauds (3).
STATUTE OF FRAUDS.

1. Evidence of a verbal option to sell real estate is competent
where no question arises as to the enforcement of a convey-
ance under it,-which has been executed,-but is offered in
a suit by the holder of the option to recover his share of the
profits realized on a resale of the land by a third party. 318
(1).

2. The principle is well settled that, in order to satisfy the
statute of frauds, the memorandum must contain the
substantial terms of the contract, expressed with such cer-
tainty that they may be understood without resort to parol
evidence. 623 (1).

STATUTE OF FRAUDS-Continued.

3. The doctrine is well established that as between landlord
and tenant, when the tenant is in possession at the date of
the agreement to purchase, holding under the lease, continu-
ance in possession is not an act of part performance to take
the case out of the operation of the statute of frauds. Id. (2.)
4. Where the bill and answer in a suit for specific perform-
ance make an enforcible agreement for the purchase of land,
which, without the admissions of the answer, is void under
the statute of frauds, the equities of the complainant thus
established cannot override the legal title of an intervening
purchaser with notice of the void contract, which the defend-
ant had elected to treat as void by conveying the land to
said purchaser. Id. (3).

5. A verbal agreement to purchase land and convey it to a
"pine-land broker," in payment of his commissions on a land
sale, is void under the statute of frauds. 685.

STATUTE OF LIMITATIONS.

1. How. Stat. § 8724, which allows suit within two years after
the discovery of a cause of action which has been "fraud-
ulently concealed" from the knowledge of the party suing,
was not meant to help parties who take no pains to see
what is before their eyes. 132.

2. Whether How. Stat. § 8714, limiting actions for slanderous
words to two years after the cause of action accrues, applies
to an action for defamation of title by the execution of a
deed and inserting therein a statement that the plaintiff had
fraudulently obtained possession of the land, etc., query?
But, if so, the continued claim of rights under the deed,
which were settled adversely to defendants in a suit to
remove the cloud thereby created less than two years prior
to the commencement of suit, will save the action from the
operation of the statute. 473 (4).

STATUTES CONSTRUED.

1. Under How. Stat. § 6612, the circuit court of the county in
which the assignee of a judgment resides has jurisdiction of
a creditor's bill to enforce said judgment. 11 (5).
2. Whatever the jury may learn of the lands sought to be con-
demned in a street-opening case under Act No. 124, Laws of
1883, by a view of the premises, may be used by them in

STATUTES CONSTRUED-Continued.

determining the weight of conflicting testimony, but upon
this view alone they cannot entirely disregard all other evi-
dence, and fix and determine the compensation according to
their own whims and caprices. 93 (1).

3. Upon an appeal in such a case, the statute provides that
the case shall be treated as a chancery appeal, and that the
appellate court may affirm, or for any substantial error
reverse, the judgment, and may grant a new trial. Id. (2).
4. The question is not before us in the case whether either
party may of right demand that the jury view the premises,
but it is undoubtedly true that this right exists. Id. (3).
5. How. Stat. § 8295 (subd. 3), giving a summary remedy for
securing the possession of premises sold by virtue of any
mortgage or execution, applies, by its terms, only to redeem-
able foreclosures, and cannot cover chancery sales without
enlarging it beyond its terms, and interfering with the legit-
imate powers of courts of equity. 115.

6. How. Stat. § 8724, which allows suit within two years after
the discovery of a cause of action which has been fraud-
ulently concealed" from the knowledge of the party suing,
was not meant to help parties who take no pains to see what
is before their eyes. 132.

7. The statute making it the duty of cities to keep in reason-
able repair all public streets open to public travel within
their jurisdiction, and under their care and control, applies
to defects in construction as well as to neglect to repair
when the street is unsafe (Carver v. Plank-road Co., 61
Mich. 590); and the safety required by the statute is secured
to travelers as well by night as by day, and the dangers
surrounding them in the darkness of the night are conditions
that should be taken into consideration by the authorities
whose duty it is to construct and keep in repair the road-
way. 165 (1).

8. It is the roadway that the statute requires to be kept in a
reasonably safe condition; and whether such way requires
the use of the entire width of the street must depend entirely
upon the necessities of travel in any given case, and of this
the authorities of a township or city must take notice, at
their peril. 166 (2).

9. The proviso in How. Stat. § 6815, that justices of the peace
may have jurisdiction in actions for damages resulting from

STATUTES CONSTRUED-Continued.

obstructions to highways, confers, at best, only a concurrent
jurisdiction with the circuit court. 168 (1).

10. The right of an ex-sheriff to execute process until the
service upon him of the clerk's certificate required by How.
Stat. § 597, showing that his successor has qualified and
given the security required by law, exists only as to such
process as he has in his hands, and which he is required by
How. Stat. § 599, to deliver to his successor upon service of
such certificate. 177 (3).

11. Section 17 of Act No. 124, Laws of 1883, which provides
that witnesses in a street-opening case shall be entitled to
receive from the city the same fees as are provided by law
for similar services in an ordinary action at law in the cir-
cuit courts of the State, applies to witnesses produced and
sworn upon both sides of the issues pending, which are the
public necessity, and the just compensation to be made to
the owner for taking his property. 182 (1).

12. In such a case the court has the power to limit the num-
ber of witnesses which may be produced to prove a single
point, and thus prevent abuse; and the fees of all witnesses
whose attendance is procured in good faith should, on filing
the affidavit required to tax witness fees in circuit courts, be
taxed in favor of the party producing them. Id. (2).

13. Section 19 of Act No. 236, Laws of 1889, making it lawful
for the judge in a street-opening case to order the payment
by the city to any respondent of such a reasonable attorney
fee as he may deem just, not exceeding $25, is not manda-
tory, but the matter of attorney fees is left discretionary
with the judge. Id. (3).

14. How. Stat. § 7759, removes all objection to the joinder of a
count in trespass with one in case, in the same declaration,
and should be liberally construed by the courts. 294 (3).
15. Sales-books kept by the receiver of taxes, containing a
statement of the sale of delinquent tax lands, and by him
turned over to the city treasurer, who minutes therein
redemptions or sales of city bids, are public records within
the meaning of Act No. 205, Laws of 1889, providing for the
inspection of records and files in public offices
363 (1).

16. The Legislature intended to assert, by Act No. 205, Laws
of 1889, the right of all citizens, in the pursuit of a lawful
business, to make such examinations of the public records in

STATUTES CONSTRUED-Continued.

public offices as the necessity of their business might require,
subject to such rules and restrictions as are reasonable and
proper under the circumstances. 364 (3).

17. A town treasurer has no authority to bring suit for the
collection of a personal tax under section 35 of Act No. 153,
Laws of 1885, after his authority to enforce its collection
under his original or supplemental warrant has expired, and
such suit can only be resorted to when the person assessed
has no property that can be reached under said warrants, or
when he resides beyond the treasurer's jurisdiction.
435 (1).
18. The authority of the county treasurer to issue a supple-
mental warrant to a town treasurer for the collection of per-
sonal taxes under section 47 of Act No. 135, Laws of 1885,
can only be exercised upon the town treasurer filing with the
county treasurer the verified statement provided for by sec-
tion 44 of said act, which must conform in all respects to the
statutory requirements. Id. (2).

19. The first clause of section 4 of Act No. 264, Laws of 1887,
which provides a remedy for the failure of townships to keep
highways in repair, limits the right to bring suit under the
first and second sections of the act, for personal injury and
injury to property, to public highways which have been in
use for ten years. 486 (4).

20. The duty imposed upon townships by section 3 of Act No.
264, Laws of 1887, to keep their highways in reasonable
repair, etc., may be enforced by information or indictment
where the highway has not been used as a public highway
for ten years, but a personal action for damages will not lie
in such cases. Id. (5)

21. The "fair and just damages" which the jury are author-
ized to assess against a railroad company, in a suit under
How. Stat. § 3392, must have reference to the pecuniary
injury resulting from the death which is the basis of the
action. 530.

22. How. Stat. § 6702, providing for a decree for the payment
by a mortgagor of a deficiency on a foreclosure sale, covers
no case where a single decree cannot be made in favor of the
complainant. It does not contemplate the case where there
are several complainants, who hold the mortgage jointly, but
have no general right to any of the debts secured. 628 (6).
23. Chapter 6 of Act No. 243, Laws of 1881 (How. Stat. §§ 1373-