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STATUTES CONSTRUED-Continued.

1376), furnishes not only an adequate remedy at law for the
removal of encroachments upon township highways, but one
devised for the very purpose, and made obligatory in terms,
and leaves no occasion for resort to equity, unless under some
possibly peculiar circumstances which cannot generally exist.
641 (1).

24. Chapter 289, How. Stat. (S$ 8372-8374), providing for a
special action of replevin in the case of impounded animals,
is confined to cases arising under its provisions. 648 (2).

STREET-OPENING CASE.

1. 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
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).

2. Upon an appeal in a street-opening case, under Act No. 124,
Laws of 1883, 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 judg-
ment, and may grant a new trial. Id. (2).

3. The question is not before us in the case whether either
party in a street-opening case under Act No. 124, Laws of
1883, may of right demand that the jury view the premises,
but it is undoubtedly true that this right exists. Id. (3).
4. 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).

5. In such a case the court has the power to limit the number
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).

STREET-OPENING CASE-Continued.

6. 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).

SUBROGATION-See BILLS AND NOTES (5b).

SUPPORT OF PARENT-See CONTRACT (1)

TAXES.

1. The same rule must be applied to a sale by a town treas-
urer to satisfy a tax as to judicial sales. 77.

2. A sale of land to satisfy a tax, made up in part of an
annual salary allowed a sheriff in lieu of all fees, is void.
117 (1).

3. A tax of $1,000 voted by the board of supervisors to be
included in the county tax, to be distributed among and
expended by the several supervisors for highway purposes, is
illegal. 302 (1).

4. Where a bill is filed to restrain the sale of land for alleged
illegal taxes, and it is conceded that $1,000 of the county tax
is illegal, the circuit judge may deduct said illegal tax in
making his decree, and allow the remainder of the tax to
stand against the land. Id. (2).

5. Where no action appears to have been taken at the township
meeting or by the town board, and none is properly certified
to the supervisor by the township clerk, authorizing the
assessment of a highway tax, such tax is illegal. Id. (3).
6. It is only on failure of the electors to vote taxes for township
purposes at the annual meeting that the town board may
vote the necessary sums for township expenses, and, as a
condition precedent to such vote, such failure of the electors
should be made to appear in some way to the township board,
and the fact of such non-action should be evidenced by their
record. Id. (4).

7. A town treasurer has no authority to bring suit for the col.
lection 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 prop-

TAXES-Continued.

erty that can be reached under said warrants, or when he
resides beyond the treasurer's jurisdiction. 435 (1).

8. 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. 153, Laws of 1885,
can only be exercised upon the town treasurer filing with
the county treasurer the verified statement provided for by
section 44 of said act, which must conform in all respects to
the statutory requirements. Id. (2).

See MANDAMUS; MORTGAGE (5); MUNICIPAL CORPORATIONS (3,
4); PUBLIC RECORDS (1).

TENDER-See CHATTEL MORTGAGE (2); MORTGAGE (7).

TEST OF FIRE-ALARM-See CONTRACT (2).

TITLE TO LAND.

A grantee may waive his right to the evidences of a good
title, and rely upon his own knowledge, and the covenants
of a warranty in his deed, but is not obliged to do so. 455
(3).

See DAMAGES (2); RAILS.

TOWNSHIP EXPENSES-See TAXES (6).

TRAIN DISPATCHER-See FELLOW-SERVANTS (2).

VERDICT.

Every presumption is in favor of the correctness of a verdict,
and when the jury is polled is the time for a juror to speak,
if he has anything to say against or in explanation of such
verdict. 399 (5).

See DIRECTING VERDICT; JURY (2, 4, 5).

VERIFICATION-See EQUITY PRACTICE.

VEXATIOUS APPEAL-See LANDLORD AND TENANT.

VIEW OF PREMISES-See STREET-OPENING CASE (1, 3).

WAIVER-See ESTOPPEL.

WATERS AND WATER-RIGHTS-See DEED.

WILL.

Whether, under a will devising to the testator's widow a life-
estate in 160 acres of land, and bequeathing to each of two
sons and three daughters a specified legacy to be paid out of
the proceeds of the land after the mother's death, and all
the rest and residue of the land to two other sons, in equal
shares, to be given them after their mother's death, said
legatees have any estate to levy upon prior to the mother's
death, query? 186 (2).

WITNESS-See EVIDENCE (1, 7, 11, 12, 14); STREET-OPENING CASE

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