The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-08-07

duties. II he is incompetent or cor
rupt, the bank goes to the wall, the de
| positors lose their cash and. the direct
ors are pilloried when not imprisoned
| The only safeguard for depositors Their,
as well as here is the holding OF banl
| directors to the strict letter of the law,
| An important decision was handed
! down by Judge Hardy of the superior
| court some time ago in the case Of the
inhabitants of the town of Rockport
VS.. Nathaniel Webster. The court
! perpetually enjoins the defendant and
ms employees from cutting and har-
vesting ice from Cape pond, Rock
port.
The plaintiffs asserted that the de-
PENDANT had no right to take the ice
from the pond, as they had exclusive
rights therein. but Mr.. Webster main
tanned that he had a perfect right to
continue cutting and harvesting ice. be-
ing the owner of land on the shores of
the pond
The court finds that, as a matter of
law, the cutting of ice by the defendant
IS inconsistent with the rights acquired
by the town under the law, and that
the town has such control over the wa
tiers of the pond that it may prevent
the defendant from such use. A per-
petual injunction was granted, with
costs.
suit brought by Bernard Koenke
to recover damages from the New
York Central and Hudson River Rail-
road for injuries he received in a col
iision on the Fall Brook Coal Com
panys railroad near Dresden, Yates
county, n. Y, resulted on the trial IN
the dismissal of the complaint. and
that decision has been affirmed, on
plaintiffs appeal, by the first appellate
division. Mr.. KoenlIe was a member of
the Mannaerchor society, which was
making an excursion from York to
Niagara Falls, including a trip to Wat
kins Glen. The tickets on the branch to
Watkins Glen We're issued by the New
York Central Company. on account of
the Fall Brook Coal Company and at
the time of the accident the plaintiff
was being transported by the latter
company over its line, and not by the
New York Central Railroad Company.
President Justice Van Brunt, giving
the opinion on appeal, said the agent
Of the New York Central got rates at
the request of the society from the Fall
Brook Company for the excursion. and
it was clear there was no contract on
the part of the defendant to transport
the plaintiff over the Fall Brook Com
pany's road.
Lodging house keepers have the right
to hold trunks, clothing and all other
property of their dodgers for board and
room rent, or for either. but they can
rot legally sell the articles held unless
an order of court is first obtained to
do so.
In order to obtain the benefits of the
bankruptcy law you must apply by pc
tition to the United States district
court. The petition must be in tripli-
cate, and in order to have the same
given prompt attention $50 must be
deposited with the clerk of the court
and $40 with the referee to whom the
case is referred. You can make your
own agreement with your counsel.
The holder of the note does not lose
any rights by allowing interest to be-
come overdue, and payments made at
other times than when due. The holder
can commence proceedings to foreclose
as soon as the whole amount is due
or whenever any installment of inter-
est is due and unpaid. Interest cannot
be compounded.
If the man assigned a mortgage
knowing It to be false paper, or that
the party making the same had no title
to the property he may be punished
under Maine law by imprisonment in
state prison not more than seven years
or by fine of not more than $500.
Under the Idaho constitution three
quarters of the jury may render YER
dict, and the legislature is authorized
to provide that in cases of misde
meanor "five-sixths of the jury may
render a verdict" In civil actions, too,
jury may consist of any number of
jurors less than IL upon which the
parties may agree in open court"
Recently there has been presented at
the Michigan Legislature a proposition
intended to promote the cause of So
briefly in the wolverine state by stat
utory enactment of a somewhat similar
kind It proposes to decrease the
number of customers, of liquor saloons
by taxing each individual drinker.
Cities and towns may issue "tippling
licenses" at uniform price of S. a
head. The name and number of every
license must be published, so that the
thirsty ones in each community may
be known to the general public if they
are not already known. No dispenser
of drinks may sell man any spiritu-
Gus beverage until he produces his liz
cense, and no license is transferable.