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 Notes of Recent Cases.

703

being imbedded in the loose surface soil. ing the affairs of the order in various locali The lessee disposed of part of the quartz and ties, and that such local lodges, and the delivered the remainder to the lessor. After members thereof, were under the complete wards he brought this action for the quartz direction of the sovereign camp, and that on thus delivered to the lessor, alleging that it the death of a member payment of the bene was obtained from him by duress and fraud. fit certificate issued by the sovereign camp The court first reviews the authorities as ш was made by it. This the court held to show what constitutes "treasure trove'' and comes that a person became to all intents and pur to the conclusion that the quartz does not poses a member of the sovereign camp on initiation into a local lodge; furthermore, come within the meaning of that term, as it that the local lodges were the agents of the cannot be fitly or properly styled bullion. sovereign camp. This being true, the sov ' Then the court takes up the question as to ereign camp was liable for injuries inflicted whether or not the quartz was lost or aban on a member of a local camp in initiating doned property; for if it was lost property him by means of a mechanical goat, though the lessee had the right to the possession thereof against all persons except the true such contrivance was not authorized by the parent camp. The acts of the local camp owner, and if it was abandoned property he were binding upon the parent camp if per acquired the absolute right thereto by his formed within the scope of the agency, even occupancy. But it appeared that along with though not authorized by the sovereign the quartz was found the remnants of a bag of some kind of cloth in which the quartz camp. In support of the holding that the might have been buried and that the trees local camp was the agent of the sovereign nearest the place of finding bore some old camp the court cites: Blackwell v. Mortgage marks which apparently had been made and Co., 65 South Carolina 18, 43 Southeastern designed to aid in locating the property. Reporter 395; Supreme Lodge K. of P. v. This the court held to indicate that the Withers, 177 U. S. 260, 20 Supreme Court quartz was voluntarily deposited where Reporter oil, 44 Lawyers' Ed. 762; Murphy found. Therefore, it could not be regarded v. Independent Order of the Sons and Daughters of Jacob of America (Miss.), 25 as lost or abandoned property. This being Southern Reporter 624, 50 Lawyers' Re the case, the court says that the presumption ports Annotated in; and Bragaw v. Su is that the possession of the quartz is in the preme Lodge K. and L. of Honor (N. C.) 38 owner of the property and not in the finder. Southeastern Reporter 905, 54 Lawyers' Re In support of this conclusion the court cites porters Annotated 602. South Staffordshire Water Works v. Sharman, 65 L. J. (X. S. 460) and a case reported HIDDEN GOLD-BEARING QUART/. (RIGHT in Law Notes, volume 7, number 8, page OF POSSESSION AS BETWEEN LESSEE AND LESSOR 1 60, which was decided by Supreme Couct —"TREASURE TROVE"— LOST OR ABANDONED Justice Forbes, of New York. PROPERTY.) SUPREME COURT OF OREGON.

Ferguson v. Ray, 77 Pacific Reporter 600, involved the right to certain gold-bear ing quartz found by a lessee on the premises of his lessor. The lessee while in possession of the premises discovered rich specimens of gold-bearing quartz lying on top of the ground. On investigation, he dug up a large quantity of such quartz found lying in the soil, unconnected with any ledge, pocket, placer or other natural deposit, the quartz

MUNICIPAL CORPORATIONS. (CONTAMINATION OF WELL WATER BY SEWAGE — LIABILITY FOR DAMAGES.) SUPREME COURT OF PENNSYLVANIA.

Wharton v. Bradford City, 58 Atlantic Re porter 621, involved the question whether or not a recovery can be had against a city for the death of a child from typhoid fever, con tracted from drinking impure water at a well, on the ground that the city had deposited