Foreclosure of mortgage, see Mortgage, | LEASE. 3. For taxes, see Taxes, 3. JURISDICTION. To appoint administrator, see Executors and Administrators, 1. JURY. Review of discretion in refusing to New trial for matters pertaining to, see Testimony or affidavits by member to impeach verdict, see New Trial, 4. 1. The right to practise law is not a vested right, but a mere privilege, and an action to disbar an attorney under § 267, Comp. Laws 1909 of Oklahoma, is a civil proceeding, and the accused is not entitled to a trial by a jury as a matter of right. State Bar Commission ex rel. Williams v. Sullivan, L.R.A.1915D, 1218, 131 Pac. 703, 35 Okla. 745. 2. There is no right to a jury trial in a proceeding to enjoin the violation of a municipal ordinance. Rochester v. Gutberlett, L.R.A.1915D, 209, 105 N. E. 548, 211 N. Y. 309. JUSTICE OF THE PEACE. For oil or gas, see Mines. LEGAL REPRESENTATIVES. LEGISLATURE. Right to divert proceeds of county Power of, over municipality, see Mu- A constitutional grant of power to the legislature to raise revenue by certain specified methods does not interfere with its inherent power to employ other methods for that purpose. Re Kessler, L.R.A.1915D, 322, 146 Pac. 113, 26 Idaho, 764. LETTERS. As evidence, see Evidence, 21. LEVY AND SEIZURE. As to exemptions, see Exemptions. Garnishment of foreign railway cars, see Garnishment. 1. After a decedent's estate has passed to executors for administration under his will, no attachment lies at the suit of creditors to reach property alleged to have been transferred by decedent in fraud of their rights. McCoy v. Flynn, L.R.A.1915D, 1064, 151 N. W. 465, Iowa, 2. Where only a part of property levied upon is claimed as exempt, a demand by the execution defendant for the return of his exempt property, unaccompanied by any effort to make a selection of a part out of the entire lot, will not, in an action in Vacation of judgment entered by, see replevin for possession of the exempt prop Judgment, 4. KNOWLEDGE. See Notice. LABORERS. Lien of, see Liens. LABOR ORGANIZATIONS. Conspiracy by, see Conspiracy. LAND CONTRACT. See Vendor and Purchaser. LANDLORD AND TENANT. Estoppel by lease, see Estoppel, 1. Lease for oil or gas, see Mines. Husband's liability for injury to tenant of wife by negligence as to elevator, see Husband and Wife, 1. LARCENY. Insurance against loss by theft, see Evidence, 47. Probable cause for prosecution for, see Malicious Prosecution, 3. LAW OF THE CASE. Effect of proceeding against attorney for criminal libel on right to disbar him for the same offense, see Attorneys, 8. Liability of master for libel by servant, see Master and Servant, 9. verdict which he knew to be wrong is not 1. To charge a juror with returning a actionable per se. Smallwood v. York, L.R.A.1915D, 578, 173 S. W. 380, Ky. 2. The position of juror is not an office or employment within the rule that it is slanderous to impute unfitness to perform the duties of an office or employment. Smallwood v. York, L.R.A.1915D, 578, 173 S. W. 380, - Ky. (Annotated) 3. A statement by an attorney in open court that the jury in another case had Decision on former appeal as, see Ap-turned in a verdict which they knew to be peal and Error, 28. wrong is not privileged. Smallwood v. York, L.R.A.1915D, 578, 173 S. W. 380, Ky. LIBERTY. priority existing at common law to the lien Guaranty of right of, see Constitutional ing in force and applicable thereto. Reeves LICENSE. Effect of operating automobile without 1. Under charter authority to regulate -- Or. Of dentists, see Constitutional Law, 4, 5; Dentists. 2. A telegraph company which has, incident to its business, undertaken to furnish messengers to carry notes, packages, and similar matter for patrons, transacts a messenger business within the meaning of a municipal ordinance requiring the procurement of a license therefor, although its offer to transact such business states that its sole undertaking is to furnish messengers and not to deliver the packages. Portland v. Western U. Teleg. Co. L.R.A.1915D, 260, 146 Pac. 148, Or. -. Uniformity and equality. 3. A license tax on motor vehicles for revenue purposes, graduated according to the power of the machines, does not violate a constitutional provision that all taxes shall be uniform upon the same class of subjects, since that provision does not apply to license fees. Re Kessler, L.R.A.1915D, 322, 146 Pac. 113, 26 Idaho, 764. Reasonableness; amount. (Annotated) 2. The fact that mortgaged chattel property was sold by the mortgagor without written consent of the mortgagee, does not affect the title of the purchaser so as to prevent him from authorizing repairs thereto and subjecting the same to an artisan's lien therefor, superior to the chattel mortgage, since the purchaser is, for such purposes, considered in law as the agent of L.R.A.1915D, 1149, 148 N. W. 654, 28 N. D. the mortgagee. Reeves & Co. v. Russell, 265. 4. A vendor of an automobile, who takes notes for unpaid purchase money, retaining title to the machine as security, by placing the machine in the purchaser's possession for use, impliedly authorizes the making of necessary repairs upon the matakes precedence of his lien, at least, if he chine, so that the lien for such repairs knew without protest that the repairs were being made. J. A. Broom & Son v. Polk, L.R.A.1915D, 1146, 67 So. 659, Miss. 5. The claimed lien of one who has, without the knowledge or consent of the 4. That a tax upon the right to use the court cannot be barred by a statute of limitations. State Bar Commission ex rel. Williams v. Sullivan, L.R.A.1915D, 1218, 131 Pac. 703, 35 Okla. 745. (Annotated) 2. The statute of limitations begins to run against an action to recover damages from a sheriff for failure to return an attachment, when the return is due, although the full amount of injury cannot be ascertained until the release some time later of prior liens on a portion of the property. Johnson v. Beattie, L.R.A.1915D, 1163, 93 Atl. 250, - Vt. LIMITATION OF INDEBTEDNESS. frequently with another employee who has a key to a room containing slot machines, and both of them play into machines about town slugs of a peculiar pattern identical with those taken from machines in the room which have been forced open, where the facts were stated to a reputable attorney who advised a prosecution. Simmons v. Gardner, L.R.A.1915D, 16, 89 Pac. 887, 46 Wash. 282. MANDAMUS. Condition precedent. 1. Previous leave of court is not necessary to the maintenance of a mandamus Of town or city, see Municipal Corpo- proceeding to compel receivers of a railroad rations, 14. MALICIOUS PROSECUTION. Instruction as to probable cause, see Appeal and Error, 23. Evidence of privileged communications, see Evidence, 27. As to false imprisonment, see False Imprisonment. Question for jury, see Trial, 1, 2. 1. For "probable cause" for an arrest to exist, it is not necessary that the accuser shall believe that he has sufficient evidence to procure a conviction of the accused. Matson v. Michael, L.R.A.1915D, 1, 105 Pac. 537, 81 Kan. 360. 2. If a complaining witness believed upon reasonable grounds that the accused was guilty, it is not material, in an action against him for malicious prosecution, whether he believed that probable cause existed in a legal sense, unless as bearing upon the question of malice. Matson v. Michael, L.R.A.1915D, 1, 105 Pac. 537, 81 Kan. 360. 3. Probable cause for a prosecution for larceny exists as matter of law against an employee of a storage company, where he is to obey an order requiring it to join with other roads in the construction and maintenance of a union depot, in view of the Federal statute providing that every receiver appointed by a Federal court may be sued in respect of any act or transaction of his in carrying on the business connected with the property in his care, without previous leave of court. Railroad Commission v. Alabama G. S. R. Co. L.R.A.1915D, 98, 64 So. 13, 185 Ala. 354. Presumption and burden of proof in prosecution for violation of statute as to, see Evidence, 5. Evidence in action for violation of hours of service act, see Evidence, 50. of the purposes of the relator in seeking | Hours of labor. such inspection is to enable him to obtain knowledge of the corporate business for communication to rival or competing concerns, unsupported by any allegation of facts indicating the source of such information, the identity of such rival concerns, or the connection of the relator therewith, is too indefinite, and therefore insufficient as a defense to the writ. State ex rel. Aultman v. Ice, L.R.A.1915D, 288, 84 S. E. 181, W. Va. MANSLAUGHTER. See Homicide. MANUFACTURER. Liability of, on warranty to retailer, see Sale, 2. MARRIAGE. Breach of promise to marry, see Breach of Promise. Contract in restraint of, see Contracts, 6. As to divorce or separation, see Divorce and Separation. Effect of marriage of mortgagee to mortgagor to extinguish debt, see Mortgage, 2. MARRIED WOMEN. See Husband and Wife. MASTER AND SERVANT. Burglary by employee, see Burglary, 3. 2. The time during which a fireman is required to watch his engine after the train is tied up because it cannot complete its run within the sixteen hours provided, before he is relieved from duty, must be considered in determining whether or not he has been kept on duty longer than the statute permits. Great Northern R. Co. v. United States, L.R.A.1915D, 408, 218 Fed. 302, - C. C. A.. -. (Annotated) 3. Hot journals, unusual traffic, head winds, or the imperfect working of an engine because recently overhauled, are not within the proviso to the Federal hours of service act, that it should not apply in case of casualty, unavoidable accident, or the act of God, nor where the cause of delay was not known to the carrier at the time the employee left the terminal, and could not have been foreseen. Great Northern R. Co. v. United States, L.R.A.1915D, 408, 218 Fed. 302, C. C. A. -. Termination of relation; discharge. Conspiracy to procure discharge, see Evidence in action for damages for 4. An employer who has failed to accept a conditional offer to resign made by a traveling salesman cannot discharge the damages, unless the employee is guilty of employee thereafter without responding in some misconduct subsequently to the makNesbit v. Giblin, L.R.A.1915D, 477, 148 N. ing of his conditional offer of resignation. W. 138, 96 Neb. 369. (Annotated) 5. An employer who continues a traveling salesman in his employment for more of his services for this time, after a condithan thirty days, and accepts the benefit tional offer of resignation which the emavail himself of the conditional offer to ployer fails to accept, cannot thereafter resign, although there has been no formal withdrawal of such offer. Nesbit v. Giblin, L.R.A.1915D, 477, 148 N. W. 138, 96 Neb. 369. Federal employers' liability act. 6. Liability under the Federal employ. ers' liability act does not extend to injury to an employee who is not at the time of the injury acting within the scope of his employment, or performing some act which is incidental to his employment. Hobbs v. Great Northern R. Co. L.R.A.1915D, 503, 142 Pac. 20, 80 Wash. 678. 7. To entitle a brakeman who is a member of a shifting crew in a freight yard to hold the railroad company liable for personal injuries under the Federal employers' liability act or safety appliance act, he must show that at the time of the injury he was engaged in interstate com. merce or with its instrumentalities, and this burden is not met merely by showing that in the yard where he was employed cars containing interstate as well as intrastate shipments were handled. Hench v. Pennsylvania R. Co. L.R.A.1915D, 557, 91 Atl. 1056, 246 Pa. 1. Servant's assumption of risks. 8. The foreman of a roofing gang assumes the risk of injury from falling from a roof upon which he is at work, because of the absence of gutters or hangers thereon to protect employees from falls. Daisey v. Wagner, L.R.A.1915D, 157, 172 S. W. 942, 162 Ky. 554. Master's liability for acts of servant. 9. An employer is not responsible for a libel perpetrated as a joke by his bookkeeper in stating an account with an employee on a blank furnished for that purpose, which consists of a pencil memorandum of an item implying bestiality, which is not carried into the footings, and for which there is no heading in the blank, since the act is not within the scope of the bookkeeper's employment. Case v. Steele Coal Co. L.R.A.1915D, 867, 171 S. W. 993, 162 Ky. 68. (Annotated) 10. A transfer company which delivers goods under a contract with a manufacturer at so much per hundred weight, along with the goods of other customers of the transfer company, the transfer company routing its delivery so as to make an economical transfer of all goods of its customers going in that vicinity, is an independent contractor, and not the servant of the manufacturer, and therefore the manufacturer is not liable for the negligence of the transfer company in making a delivery. Winter v. American Radiator Co. L.R.A. 1915D, 476, 151 N. W. 277, 128 Minn. 508. 3. Dies dominicus non est juridicus. Moss v. State, L.R.A.1915D, 361, 173 S. W. 859, Tenn. 4. Equity must follow the law. Farmers' Security Bank v. Martin, L.R.A.1915D, 432, 150 N. W. 572, - N. D. -. 5. Expressio unius est exclusio alterius. Boutell v. Shellaberger, L.R.A.1915D, 847, 174 S. W. 384, Mo.-. 6. Personal property follows the perPeople v. Union Trust Co. L.R.A. 1915D, 450, 99 N. E. 377, 255 Ill. 168. son. 8. Res ipsa loquitur. Conley v. United Drug Company, L.R.A.1915D, 830, 105 N. E. 975, 218 Mass. 238. | 9. Respondeat superior. Winter V. American Radiator Co. L.R.A.1915D, 476, 151 N. W. 277, 128 Minn. 508. 10. Sic utere tuo ut alienum non lædas. Packwood v. Mendota Coal & Coke Co. L.R.A.1915D, 911, 146 Pac. 163. Wash. -. MEASURES. See Weights and Measures. MECHANICS' LIENS. 1. An architect who, under contract with the owner of land, furnishes plans and specifications for the construction of a contemplated building thereon, is entitled to a lien upon the land, although the owner, after the plans are furnished, of his volition and without fault of the architect, abandons the construction of the building, even though the lien statute does not expressly give a lien when no improvement is begun on the ground. Lamoreaux v. Andersch, L.R.A.1915D, 204, 150 N. W. 908, 128 Minn. 261. (Annotated) 2. The lien statement of an architect who was under contract with the owner of land to furnish plans and specifications for, and supervise the construction of, a contemplated building for an entire consideration based on a percentage of the total cost, a project which was subsequently abandoned by the owner of the land, may be filed within ninety days after the repudiation of the contract by the owner, although the last work on the plans and specifications was done more than ninety days prior to the filing. Lamoreaux v. Andersch, L.R.A.1915D, 204, 150 N. W. 908, 128 Minn. 261. MESSENGER BUSINESS. License for, see License, 1, 2. MILLS. Liability of owner for drowning of child in reservoir, see Negligence, 4. MINES. Pollution of water by, see Waters, 1. 1. The words "gas well" employed in a lease for oil and gas providing that the lessor should be paid "three hundred ($300) dollars per year for the gas from each and every gas well drilled on said premises; said payment to be made on each well within sixty days after completion, and to be paid yearly thereafter while it is a gas well," interpreted in the light of all the facts and circumstances, mean a gas well which, considering its location with reference to any market for gas and its capacity as a gas producer, can be profitably operated as such, and not a well producing oil in large quantities and some gas, and oper ated for many years by lessee as an oil well, without demand for gas rental by lessor. Prichard v. Freeland Oil Co. L.R.A. 1915D, 1186, 84 S. E. 945, W. Va. -. (Annotated) 2. The fact that some gas is found in |