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escheats, and the presumption of death from applied the poll tax collected on white long absence. State v. McNinch, lb. 695, people to the white schools and the poll tax rules that an officer making an arrest is not from the colored race to the education of liable for excessive force if used in good colored children. State v. Miller, 94 N. C, faith and without malice. Churchill v. Ins. held that a fine of £2,000 and thirty days Co., 92 N. C. 485, holds that where a lawyer in jail was not excessive punishment for is to discharge a duty, not purely professional, keeping a gambling-house under the cir he is merely an agent, and his neglect is the cumstances of that case. After sundry at neglect of his client. This is followed in many tempts to evade this decision, the fine was eventually paid in full.

cases, especially in Duke v. Brown, 96 Abrams v. Ins. Co., 93 N. C. 127, is one of N. C. 60, and Finlaymany cases holding son v. Accident Asso that a majority of the ciation, 109 N. C. 196, and is involved in a qualified voters and more recent case which not merely of those has been much dis voting, is necessary to cussed by the profes enable a municipal sion, — Williams v. corporation to loan its Railroad, no N. C. credit. In Hannon 466. Asheville v. As v. Grizzard, 96 N. C. ton, 92 N.C. 578, holds 293, and s. c. 99 N. C. that the second story 161, it is held that of a house, when held when the Commission separately, may be re ers refuse to induct covered in an action of into office a person ejectment. Williams elected thereto upon the bona fide belief v. Railroad, 93 N. C. that he is ineligible, an 42, decides that a action against them for common carrier is not damages will not lie, bound by a bill of lad although on a quo war ing issued by its ranto it is adjudged agent, unless the goods a. c. AVERY that such person was are actually received entitled to the office. for shipment, even In re Griffin, 98 N. C. 225, holds that where though the bill has been transferred to a bona fide holder for value. Halstead v. an act punishable as a contempt is also a violation of the criminal law, an indictment Mullen, lb. 252, draws the distinction be will lie, notwithstanding the punishment im tween a defective statement of a cause of posed for the contempt. State v. Thomas, action and a statement of a defective cause lb. 599, rules that where a defendant in a of action. Barksdale v. Commissioners, lb. criminal action voluntarily becomes a wit 472, holds that though the Constitution re ness in his own behalf, he waives his privi quires the common schools to be kept open lege of refusing to answer questions which for four months, this will not authorize the may tend to criminate him. Threadgill v. exceeding of the limit imposed in another Commissioners, 99 N. C. 352, is a decision section of the Constitution upon the rate of that counties are not liable for torts unless taxation. Puitt v. Commissioners, 94 N. C. liability is imposed by statute. Hammond 709, decided an act unconstitutional which