deposited is in a proper state, so that the thing deposited may be reasonably safe in it; 3. The fact that the building has been erected for the bailee on his own ground makes 4. The plaintiff brought his horses and two carriages to defendant, a livery-stable keeper; BANK. See NATIONAL BANK; SPECIAL DEPOSIT; WARRANTY. BANKRUPTCY. 1. Something more than passive non-resistance in an insolvent debtor is necessary to 2. In such case there is no legal obligation on the debtor to file a petition in bankruptcy 3. Though the judgment creditor in such a case may know the insolvent condition of 4. A lien thus obtained by him will not be displaced by subsequent proceedings in bank- 5. Set-off is enforced in equity only where there are mutual debts or mutual credits, or 6. Where a bankrupt owes a debt to two persons jointly, and holds a joint note given by 7. Where one of two joint debtors becomes bankrupt, it seems that the creditor may set 8. A and B were joint makers of certain notes, which were transferred to an insurance 9. The sovereign is not bound by an enactment that divests its interest or affects its General discussion of the requirements of the bankrupt act by Mr. Justice CLIFFORD. U. S. v. Herron, 274. 10. The amendatory bankruptcy act of March 3, 1873, is unconstitutional, in that it is not uniform in its operation. In re Deckert, 336. 11. Under the amendatory bankruptcy act of June 22, 1874, the petition of creditors in involuntary cases must show affirmatively a compliance with the provisions of the act as to number and amount of claims of creditors. In re Scammon, 372. 12. In cases pending at the time of the passage of the act the petition may be amended and made to contain the allegations of the requisite number and amount. Ib. 13. The petition must also contain a jurisdictional allegation. And the amended petition should be sworn to as if it were an original paper. Ib. 14. The naked allegation that the number and amount of creditors required have joined in the petition is not sufficient, even though it be admitted by the debtor that the allegation is true. The court must be satisfied of the facts as they exist. Ib. 15. In involuntary cases where the petition has been duly filed prior to the passage of the act of June 22, 1874, it must be so amended as to show affirmatively that the requisite number of creditors, representing the prescribed amount, have joined therein. Otherwise there can be no adjudication. The petition must contain an allegation that the prescribed number and amount have joined, and the court must be satisfied by affirmative evidence of the truth of such allegation. The fact that there was a default prior to the passage of the act of June 22, 1874, which, at the time it took place, entitled the petitioning creditors to an adjudication, is of no moment. In re Scull, 416. 16. The averment that the debtor suffered his property to be taken is not sufficient. It must be averred that he procured it to be taken. Ib. 17. The signature by a judge of his initials to a memorandum on the petition prior to June 22, will not warrant the signing of an order of adjudication afterward nunc pro tunc. In re Hill, 421, 18. In involuntary cases the petition must contain a proper allegation as to the requisite number and amount of petitioning creditors. The admission of the debtor that the terms of the law have been complied with will not dispense with such allegation. There can be no adjudication except it be made and shown to be true to the satisfaction of the court. In re Keeler, 422. 19. In a state whose statute law makes a married woman living apart from her husband liable to be sued as if sole, she may be adjudged bankrupt. In re Lyons, 167. 20. The ninth section of the amendatory bankruptcy act of June 22, 1874, is applicable to cases which were pending at the time of its passage. In re Griffiths, 476. To the contrary see In re Franke, 476. See HOMESTEAD EXEMPTION, 1; JUDGMENT Note. BILLS AND NOTES. 1. The defendant made a promissory note payable to the plaintiff to which this clause was added: “And we agree also to pay an attorney's fee of ten per cent. if this note is collected by suit." The note having been put in suit, held that the stipulated ten per cent. could be recovered, and that it was not in the nature of a penalty, but of liquidated damages. McIntyre v. Cagley, 104. 2. The holder of a promissory note executed a written instrument by which he agreed with the maker to extend the time of payment, which written instrument contained the following clause: "Provided further, that no delay of demand shall interfere with any claim I may have upon the indorsers of said note." Held, on a suit against the indorser upon the note, that his liability was not discharged by such agreement. Hager v. Hill, 139. 3. Complainants, a bank, discounted a note the amount of which was placed to A's credit. Prior to the maturity of the note A drew his check on complainants for an amount less than had been credited to his account, which check was purchased by defendants, and upon being presented payment thereof was refused. Defendants having brought an action at law upon the check, complainants filed their bill for an injunction to restrain the same. Held, that there could be no injunction; that the check was in effect an assignment of the amount necessary to pay it, and that no right of equitable set-off existed in respect of the note, as against the holders of the check. Fourth Nat'l Bank of Chicago v. City Nat'l Bank of Grand Rapids, 386. See HOMESTEAD EXEMPTION, 1. BOARD OF BROKERS. 1. Where under the articles of association of a board of stock brokers, a member cannot transfer his seat to a party not elected and approved by the board; and where, upon the insolvency of a member, his rights as such are forfeited, and. the board is authorized to dispose of his seat, and apply the proceeds to the payment of his indebtedness to other members of the board to the exclusion of all others, only the residue of the proceeds of the sale, after paying all the liabilities provided for in said articles of association, is assets of such insolvent member. Hyde v. Woods, 354. 2. Under such articles, F., a member, failed to meet his engagements in the board, August 24, 1872, and being indebted in a large amount to sundry members, on that day assigned his seat in the board to W., with authority to sell and pay the proceeds to his various creditors in the board. With the assent of the board, W., sold the seat to T., who was elected by the board, for ten thousand dollars, and, with the approval of the board, paid the entire proceeds pro-ratably to F.'s creditors, who were co-members. October 1st, 1872, F. was adjudged a bankrupt on petition of a general creditor filed September 18th, 1872. After said sale and payment, an assignee having been appointed, he brought suit against W. to recover said sum of ten thousand dollars. Held, That the assignee was only entitled to the residue after the payment of F.'s liabilities to the co-members provided for in the articles of association, and there being no surplus, he was not entitled to recover. Ib. BOND. 1. Held that a surety upon a bond delivered by the obligor to the obligee, the face of which is such as to excite no suspicion, is estopped to deny the validity of the same on the ground of an antecedent agreement touching the delivery. Nash v. Fugate, 69. 2. A signed a bond as surety, and delivered it to the principal obligor upon condition that it was not to be delivered to the obligee unless signed in like manner by others. Obligor delivered the bond to obligee without other signatures, and it contained no evidence of the existence of the condition made by A: Held, that A was estopped to deny as against the obligee that it was his deed. Ib. BY-BIDDER. See JUDICIAL SALE; PUBLIC SALE. CERTIORARI. See HABEAS CORPUS. CHECK. See BILLS AND NOTES, 3. CLOUD ON TITLE. See INJUNCTION, 1; Tax Deed. COLORED CHILDREN. See CONSTITUTIONAL LAW, 6. COMMON CARRIER. 1. Held: That a common carrier cannot lawfully stipulate for exemption from responsi bility when such exemption is not just and reasonable. N. Y. C. R. R. v. Lockwood, 21. 2. That it is not just and reasonable for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants. Ib. 3. That these rules apply both to carriers of goods and carriers of passengers for hire, and with special force to the latter. Ib. 4. That a drover travelling on a pass, such as was given in this case, for the purpose of taking care of his stock on the train, is a passenger for hire. Ib. 5. A common carrier who has limited his responsibility by contract is not liable for loss occasioned by a cause against which he has stipulated with the shipper, unless it arises from his own negligence or that of his agents. He cannot be held for a loss which results from an employment of the vehicles of another over which he has no control, if he has exercised reasonable care in selecting such as he might properly make use of, and the shipper has agreed to exempt him from liability in case of loss by reason of the acts of those in charge of such vehicles. Bank of Ky. v. Adams Express Co. 451. 6. A common carrier may by contract so limit his liability as to be responsible only as an See NEGLIGENCE; RAILROAD. CONFEDERATE BONDS. An executor is personally liable for money of his testator invested in Confederate bonds, CONSTITUTIONAL LAW. 1. Although a part of a statute may be in conflict with the constitution, and therefore 2. Article 6, section 1, of the constitution of Illinois of 1848, declared that every white 3. The usual and ordinary legislation of the states regulating or prohibiting the sale of 4. The right to sell intoxicating liquors is not one of the privileges and immunities of 5. But if a case were presented in which a person owning liquor or other property at the -- .... 6. The latter clause of the first section of the fourteenth amendment to the federal Con- 7. The act of the legislature providing for the maintenance of separate schools for the CONSTRUCTION. The word "to" held to be inclusive to December 31, held to include December 31. CONSTRUCTION OF STATUTES. 1. In the construction of a statute, it is to be presumed that the legislature did not intend to grant to a corporation such an exemption from the operation of the general law 2. A general statute authorizes a tax collector for state and county taxes to execute a CONTEMPT. 1. The power to punish for contempts is inherent in all courts; its existence is essential 2. The act of Congress of March 2, 1831, entitled "An act declaratory of the law con- 3. The 17th section of the judiciary act of 1789, in prescribing fine or imprisonment as COSTS. See PLEADING AND PRACTICE, 5, 6. CRIMINAL LAW. 1. The defendant having been indicted for murder, a jury was duly empanelled and 2. Under the provision of the Penal Code of California, the defendant upon being placed 3. By the constitution of the Commonwealth of Massachusetts, the governor, with the 4. There can be no doubt about the general power of a court over its own decrees, judg- |