§ 5. Partial invalidity of statute as to, see STAT- a. Police authorities cannot, in the ab- them to seize instruments intended and designed to be used in violation of the gam bling laws, and incapable of being put to any legitimate use. Police Comrs. v. Wagner, 52 L.R.A. 775, 93 Md. 182, 48 Atl. 455. d. Gaming devices seized by the sheriff while executing a warrant for the arrest of their owner upon the charge of unlawfully keeping such devices for the purpose of gain are as properly subject to the order of the court trying the offender as if they had been seized by authority of a search warrant. State v. Robbins, 8 L.R.A. 438, 124 Ind. 308, 24 N. E. 978. e. An order by the court, which must be passed before or at the time of the final sentence of a person convicted of unlawfully keeping gaming devices for gain, is person's gaming apparatus which has been necessary to justify a destruction of such seized by the sheriff, under the statute which provides that, "upon conviction of the person offending, the sheriff shall forthwith ratus used for unlawful purposes." State destroy or cause to be destroyed, the appav. Robbins, 8 L.R.A. 438, 124 Ind. 308, 24 N. E. 978. f. Gaming tables seized under a warrant from a justice under W. Va. Code 1899, chap. 151, § 1, cannot be burned, as provided in the act, on the order of the justice, but only upon conviction of their owner, upon the charge of keeping them, in a criminal or circuit court, and under its order. Woods v. Cottrell, 65 L.R.A. 616, 55 W. Va. 476, 47 S. E. 275. § 15. Defenses. a. It makes no difference that a debt or wager is made to assume the form of a contract. Gambling is none the less such because it is carried on in the form or guise of legitimate trade. Wade v. United States, 20 L.R.A. (N.S.) 347, 33 App. D. C. 29. b. Under the Florida statute making it an offense to operate or manage a place for gambling, either in person or by an agent, and also making an agent or employee liable in managing such place, an arrangement by which the agent was to regulate or control the operation of the business, and use his own judgment as to preventing persons from playing, is no defense to the principal. c. The statutory duty imposed upon po- Wooten v. State, 1 L.R.A. 819, 24 Fla. 335, lice officers to prevent crime will authorize | 5 So. 39. Estoppel to enjoin use of, see § 1. Public regulations as to. Who may question validity of, see Mu- a. Power to direct the location and regulate the use and construction of garages does not authorize a municipal corporation to forbid their location within the city limits. People ex rel. Busching v. Ericsson, L.R.A.1915D, 607, 263 Ill. 368, 105 N. E. 315. AUTOMOBILES. AUTOMOBILES, § 42. COVENANTS AND CONDITIONS, §§ 39 c, 41 c, 55 a-c. ESTOPPEL, § 96 p. .. NUISANCES, § 22. unreasonable. People ex rel. Busching v. Ericsson, L.R.A.1915D, 607, 263 Ill. 368, 105 N. E. 315. § 2. Duty of keeper of. Liability of garage keeper for acts of em ployee, see MASTER AND SERVANT, § 455. a. The proprietor of a garage in which automobiles are kept for hire is not an insurer of the machines, but owes the duty to exercise only ordinary care with regard thereto. Firemen's Fund Ins. Co. v. Schreiber, 45 L.R.A. (N.S.) 314, 150 Wis. 42, 135 N. W. 507. (Annotated) b. A garage keeper is bound to exercise reasonable or ordinary care to protect from injuries cars kept by their owners at his garage for hire. McLain v. West Virginia Automobile Co. 48 L.R.A. (N.S.) 561, 72 W. Va. 738, 79 S. E. 731. (Annotated) c. The keeper of a garage is not in the exercise of reasonable care in allowing a car to be taken out of the garage by one whose apparent authority arose from the fact that he had instructed the owner in its use on several occasions about two months previous. McLain v. West Virginia Automobile Co. 48 L.R.A. (N.S.) 561, 72 W. Va. 738, 79 S. E. 731. d. A custom of garage keepers contrary to the implied obligation of reasonable care for safe-keeping, arising in favor of an automobile owner by the storing of his car at a public garage, cannot absolve the garage keeper from observance of such care. Lain v. West Virginia Automobile Co. 48 L.R.A. (N.S.) 561, 72 W. Va. 738, 79 S. E. 731. Me e. A garage keeper to whom an automobile is entrusted for repairs is a bailee for hire and, while not an insurer, is bound to use reasonable care to protect and preserve it. Roberts v. Kinley, 45 L.R.A. (N.S.) 938, 89 Kan. 885, 132 Pac. 1180. c. "Refuse matter" within the meaning of an ordinance prohibiting the transportation without a license of "such refuse matter as accumulates in the preparation of abandoned as worthless, but such materials food for the table" includes only what is as may be properly utilized for other purposes when they do not constitute a nuisance remain property which may be sold or other wise disposed of at the will of the owner. State v. Orr, 34 L.R.A. 279, 68 Conn. 101, 35 Atl. 770. GARBAGE INCINERATOR. Form of action for injury from operation of, see ... ACTION OR SUIT, § 57 k. tion of, see ACTION OR SUIT, § 95 t. APPEAL AND ERROR, § 630 r. EMINENT DOMAIN, § 157 g. EVIDENCE, § 1660 b, c. LIMITATION OF ACTIONS, § 143 MUNICIPAL CORPORATIONS, S Discharge of, see GARDENERS. MASTER AND SERVANT, § 52 b. GARDEN TRUCK. Duty of carrier to furnish refrigerator cars for, see CARRIERS, § 496 a, b. scoscoscoscos cos coscos coscoscos coscos coscos coscos coscoscos coscoscos Maker of negotiable instrument. 13. Contingent liabilities. § 14. Demand not matured. 16. § 17. 18. Payment to defendant by garnishee before garnishment. 19. Property of nonresident. § 20. Debt due nonresident. § 21. Property located in another state. 22. 24. 25. coscoscoscoscos.coscos.coscos cascos coscoscoscoscos Claim for unliquidated damages. 23. Verdicts. Judgments. in another state. 26. Interest of individual partner in debt due firm. 28. Stockholder's liability. § 29. Interests under contracts. 30. Interests under insurance policies. 34. Freight due on interstate shipment. § 35. Deposits in bank. 36. Property in safe deposit. 37. Funds of mutual benefit society. 38. Income in hands of trustee. 39. Salary of public officer. 40. Future earnings. 41. Bail deposited by third person. II. continued. b. Property in custody of law. § 42. Generally. 43. Money in court. § 44. cascoscoscos coscop surplus on sale under judicial process. 45. Property held under judicial process. 46. Property taken from person of prisoner. § 48. Property in hands of assignee for creditors or trustee in § 49. Property in hands of executors, administrators, or guardians. c. Situs of debt. § 50. Generally. 51. Due from foreign corporation. III. Effect; rights, duties, and liabilities of garnishee. a. In general. § 52. Generally. § 53. As creating lien. $54. Extent of rights acquired. $ 55. interest on garnished debt. $56. Set-off. § 57. In other state. § 58. Waiver or loss of lien. b. Duty as to exemptions; effect of failure to set up. garnishment proceedings against maker, see .... BILLS AND NOTES, § 196 e. State attachment or garnishment as interference with interstate commerce, see Conflict of laws as to, see Discrimination in favor of bank within state, see As a contempt, see Right of one garnishing corporation to avail him COMMERCE, $ 28. CONFLICT OF LAWS, § 152. self of rights of latter against stockholders, see CORPORATIONS, § 266 a, b. E E G P E |