Page:North Dakota Reports (vol. 1).pdf/572

 sions made by L. as to réceiving the grain, and issuing tickets therefor, were inadmissible because not a part of the res gestæ, and their admission in evidence was error. e statements of L. were made concerning a transaction which was within the scope of L.’s authority as agent, but such transaction was closed, and entirely completed some hours prior to the time at which L. narrated the fact to the plaintiff. The declarations and admissions of L. were not made while the wheat was being received into the elevator; nor were the declarations made spontaneously, and so connected with the principal transaction as to spring from and form a part thereof. Such declarations by the agent were not a necessary part of the duty intrusted to him, and cannot therefore, bind the principal, in the absence of authority from the principal to make such declarations. Evidence examined and found not to show that L. had authority from defendant to make the declarations and admissions which were admitted in evidence. Short v. N. P. Elevator Co., 159.

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Defendant having been sued for damages caused by fire alleged to have been set out by his servants or agents, held proper to prove defendant’s orders to his hired men not to set any fires. Moe v. Job. 140.

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When a party was held by a magistrate for a violation of the laws against selling intoxicating liquor as a beverage without license, in force on that subject when the constitution was adopted, and committed, in default of bail, and brought before this court on habeas corpus proceedings, claiming that he was unlawfully restrained of his liberty, cause al pro-existing laws against selling intoxicating liquor without license were repealed by article 20 of the constitution, (being the prohibition article,) as being repugnant thereto, held that, if article 20 of the constitution be self-executing and operative, it repeals the pre-existing license law, including penalties. State v. Swan, 5.