Recent American Decisions.

Carriers.-One who enters and rides upon a train which he knows, or by the exercise of reasonable diligence could know, is prohibited from carrying passengers, is held, in Purple v. Union Pacific R. Co. (C. C. A. 8th C.), 57 L. R. A. 700, to be a trespasser and not a passenger, and the only duty of the railway company toward him is held to be to abstain from wanton or reckless injury to him.

A passenger who leaves his car of his own volition for some purpose of his own not incident to the journey he is pursuing, and at a place not designed for the discharge of passengers, is held, in Chicago R. I. & P. Co. v. Sattler (Neb.), 57 L. R. A. 890, not to be entitled to the protection of a statute making a carrier liable for all personal damage inflicted on a passenger being transported over its road.

Criminal Law. One accused of a capital offence is held, in Re Ascher (Mich.), 57 L. R. A. 806, not to have been in jeopardy so as to bar a subsequent trial, where, after the jury had been impanelled and the trial begun, the Judge discharged them after ascertaining, by independent investigation. that some of them were so prejudiced in favour of the accused as to be incompetent, and had endeavoured to prejudice other jurors, belittled the State's evidence, procured the intoxication of the bailiff, and obtained communication with persons not jurors.

Damages. In assessing the damages against carriers for breach of their contract to transport a corpse, it is held, in Louisville and N. R. Co. v. Hull (Ky.), 57 L. R. A. 771, that mental suffering may be considered.

Evidence. The admission of testimony of physicians appointed by the Court to examine plaintiff in an action for injuries due to negligence, as to the result of an examination Imade after defendant's motion for such examination was withdrawn, is held, in South Covington & C. Street R. W. Co. v. Stroh (Ky.), 57 L. R. A. 875, to be erroneous. power of the Court to call and examine witnesses is discussed in a note to this case.

The

Execution. A bicycle used by a painter, paper-hanger, and bill-poster to earn a livelihood is held, in Roberts v. Parker (Ia.), 57 L. R. A. 764, to be within the provisions of a statute exempting from execution the team of a labourer who is the head of a family, and the waggon or other vehicle, by the use of which he earns his living, although the bicycle was not known when the statute was enacted.

Forgery. To add to a cancelled cheque the words "in full of account to date," with intent to alter its effect as a receipt, is held, in Gordon v. Com. (Va.), 57 L. R. A. 744, to constitute forgery.

Husband and Wife.-Although the beginning of a cohabitation was meretricious, each of the parties having a lawful spouse then living, it is held, in University of Michigan v. McGuckin (Neb.), 57 L. R. A. 917, that there is sufficient evidence of a lawful marriage where, after the obstacles thereto were removed by decree of divorce, the parties continued for a long term of years to live together as husband and wife and continuously represented themselves to the public as such, and five chidren were born of the union, whom the parents unitedly represented to the public and caused to be baptized into the church as the children of lawful wedlock.

Infant.-Negligence of an infant in performance of his contract to thresh grain which results in the destruction of the grain and the shed covering it by fire set by sparks from the engine is held, in Lowery v. Cate (Tenn.), 57 L. R. A. 673, not to render him liable for the loss. With this case is a note, reviewing the authorities on liability of an infant for torts.

A boy six years old, knowing that hot water will burn, is held, in Brinkley Car Works Mfg. Co. v. Cooper (Ark.), 57 L. R. A. 724, to have no right to recover damages for injuries received from voluntarily or carelessly walking into a pool of it, formed by emptying a boiler on premises upon which he is trespassing.

Insurance.-Insurer who receives an assignment of the mortgagee's claims against the mortgagor upon paying him

the amount due under the policy on mortgaged property, is held, in New Hampshire Fire Ins. Co. v. National Life Ins. Co. (C. C. A. 8th C.), 57 L. R. A. 692, to have no right in an accounting of all sums received from the various policies on the property by the mortgagee, who is seeking to enforce his mortgage for an unpaid balance, to insist that he should be charged with the portion of the sum received under another policy which he is charged to have wrongfully permitted to go to the mortgagor, where the amount kept by him out of such payment was more than the share of the mortgage indebtedness chargeable to that policy.

A clause in a policy of fire insurance requiring the assured to keep the books and inventories of his business securely locked in a fire-proof safe at night and at all times when the building is not actually open for business, is held in Phoenix Ins. Co. v. Schwartz (Ga.), 57 L. R. A. 752, not to apply to a suspension of business caused by a fire raging in the vicinity and threatening the consumption of the building, the same not being actually shut up and business operations being interrupted because of the threatened danger.

Insurance against loss through liability for personal injuries is held, in Bain v. Atkins (Mass.), 57 L. R. A. 791, not to constitute a trust fund for the benefit of the injured person, and he is held to have no right to maintain an action against the insurers to reach such fund, where, before his claim against the insured is established, the insurers satisfy their obligation to him under the policy, although, by reason of the insolvency of the insured, the claim will be otherwise

unenforceable.

Master and Servant.-A railway company running their trains over another road by permission are held, in Brady v. Chicago & G. W. R. Co. (C. C. A. 8th C.), 57 L. R. A. 712, to be liable to their employees for the negligence of the servants of the licensing corporation in the discharge of the absolute duties of the master, but not to be liable for their negligence in discharge of their duties as servants.

A servant having authority to direct and control others is held, in Southern Pacific Co. v. Schoer (C. C. A. 8th C.),

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57 L. R. A. 707, to be a vice-principal of the master, for whose negligence the master is liable, although he is not engaged in performing the absolute duties of the master when 'he commits a negligent act causing injury to one under his control and is not actually engaged in exercising his power of superintendence over the injured servant, under a statute making all servants who have authority to direct and superintend other servants vice-principals of the master.

Using a switch engine without a handhold on the tender is held, in Coley v. North Carolina R. Co. (N. C.), 57 L. R. A. 817, not to constitute an assumption of the risk of such defect by the employee, where the statute makes railway companies liable for injuries to employees from "any defect in the machinery, ways, or appliances," and makes void any agreement to waive the benefit of the statute. With this case is a note collating the other authorities on statutory liability of employers for defects in the condition of their plant.

Telegraph Company.-Substantial damages are held, in Western Union Telegraph Co. v. Church (Neb.), 57 L. R. A. 905, to be recoverable for breach of a contract to transmit promptly a telegram which the company knew to be addressed to a physician, directing him to come to the sender's house at

once.

CORRESPONDENCE.

The Mechanics' Lien Act in Unorganized Districts.

Editor CANADIAN LAW TIMES.

Sir, Great inconvenience and needless expense is caused in the unorganzed districts by the provision of this Act which requires liens created by the Act to be realized (if realized at all by aid of legal proceedings) through the High Court. See s. 31, and Holmested on that section. Many claims are for amounts which, in other matters, would be within the jurisdiction of the Division Court, and might just as well be filed with the Division Court clerk in one of the 10 or 12 offices in each district; instead of which the suitor is confined to one office,-that of the High Court in the district town. (corresponding to the county town in counties),-which is many miles distant from the majority of residents, and possible lien-holders, in any of the unorganized districts, such as Algoma, Nipissing, Parry Sound, Muskoka, and others. Besides this, the pleadings as required by the High Court practice are altogether too cumbrous and expensive for small claims of wage-earners who frequently become entitled to liens under the Act.

The principle of the Act has been accepted by the public now for some years, and it may be looked upon as part of our permanent statute law. Why, therefore, should the machinery for carrying it into effect be left year after year in an imperfect state? Will some legislator with practical legal knowledge take the matter up at next session, and introduce the necessary amendments?

SOLICITOR.

January, 1903.