GAS

In detinue, the defendant cannot have a scl. fa. to garnish a third person unless he confess the possession of the chattel or thing demanded; Brooke, Abr. And when the garnishee comes in, he cannot vary or depart from the allegation of the defendant in his prayer of garnishment. The plaint- iff does not declare de novo against the gar- nishee; but the garnishee, if he appears in due time, may have oyer of the original dec- laration to which he pleads. Where plaintiff in execution paid to the sheriff $1,000 as the value of the debtor's homestead interest, and the land was sold under execution, the money in the sheriff's hands was subject to garnishment at the instance of the other judgment creditors; 60 Ill. App. 65; money taken from a person without his consent by a sheriff acting as trespasser in so doing, and delivered by him to a third person claiming title thereto, is not subject of garnishment in the hands of the sheriff or to the third parties as the property of the person from whom it was taken; 40 Pac. Rep. (Wash.) 228. See Brooke, Abr.; Drake; Wade; Shinn, Attachment; ATTACHMENT.

An aeriform fluid, used for illu- minating purposes and for fuel. From a legal point of view it is to be con- sidered with respect to the companies by which it is usually furnished, their status and obligations as affected by the nature of the business; and also whether the gas furnished by them is manufactured or nat- ural. Nature of the business. The business is not an ordinary one in which any person may engage as of common right, but a franchise of a public nature which, in the absence of constitutional restriction, may be granted by the legislature; 115 U. S. 650; id. 683; 33 Fed. Rep. 659; 84 Ky. 166. A grant of the right to lay pipes is valid, but it is a franchise to be strictly construed, and is void if the conditions are not com- plied with, pursuant to the legislative dec- laration in the grant; id. 46. Such a com- pany cannot sell, lease, or assign its corpoо- rate privileges without consent of the legis- lature; 85 Me. 532. They are not, however, always treated as strictly public corporations, but in some cases such a company is said to be simply "a private manufacturing corporation which furnishes gas to individuals as agreed. This of itself does not make it a public corporation;" 63 N. Y. 326. A com- pany furnishing gas to a municipality un- der contract is not performing such public service as to exempt it from ordinary taxa- tion; 20 S. W. Rep. (Ky.) 434. A gas company having power to manu- facture and sell gas has an implied power to make all contracts necessary to that end; 86 Mo. 495. For example, in the practice of Pennsyl- vania, when a writ of attachment issues against a debtor, in order to secure to the plaintiff a claim due by a third person to such debtor, it is served on such third per- son, which notice or service is a garnish-acter, such gas has been termed "a min- Natural Gas. The gas obtained from wells in coal and oil regions, and used for lighting and heating. In nature and char-

eral with peculiar attributes which require the application of precedents arising out of ordinary mineral rights, with more careful consideration of the principles involved than of the mere decisions. Water and oil, and still more strongly, gas, may be classed by themselves, if the analogy be not too fanciful, as minerals feræ naturæ. In common with animals, and unlike other minerals, they have the power and the tendency to escape without the volition of the owner. Their fugitive and wander- ing existence within the limits of a particu- lar tract is uncertain;' (per Agnew, C. J. in 80 Pa. 147). They belong to the owner of the land, and are part of it, so long as they are on or in it, and are subject to his control; but when they escape, and go into other land, or come under another's control, the title of the former owner is gone. Possession of the land, therefore, is not necessarily possession of the gas. If an adjoining, or even a distant, owner, drills his own land, and taps your gas, so that it comes into his well and under his control, it is no longer yours, but his." Per Mitchell, J., in 130 Pa. 235. Under a lease of land for the sole purpose of drilling and operating for oil and gas, the lessee's right in the surface of the land is in the nature of an easement of entry and ex- amination, with a right of possession where the particular place of operation is selected, and the easement of ingress and egress, transportation and storage; id. Whether the words "other valuable volatile substance" in a lease when they were used with petroleum, rock, or carbon oil, will include gas is a question for a jury, as the words have no settled meaning; 11 Pa. 31. The words oil and gas in a lease have been held not synonymous; 6 Atl. Rep. (Pa.) 74; it is a fuel; 114 Ind. 338; but it has been held that a company incor- porated for supplying heat cannot also fur- nish natural gas; 108 Pa. 126. Natural gas is as much an article of com- merce as any other product of the earth; 120 Ind. 575; and a state statute making it unlawful for any person to conduct nat- ural gas out of the state violates the pro- visions of the federal constitution vesting in congress the regulation of interstate com- merce; id.; 118 Pa. 468. The business of transporting and fur- nishing natural gas is a public use, and the right of eminent domain may be constitu- tionally granted to companies engaged in it; 5 Cent. Rep. (Pa.) 564; the business is transportation of freight; 118 Pa. 408. Because of the public nature of the busi- ness taxation may be authorized for sup- plying it to municipal corporations; 39 Fed. Rep. 51; and any unreasonable restraint upor the business is against public policy; 130 111. 268. It was held that under the Pennsylvania general incorporation act of 1874, under which companies for the manu- facture and supply of gas were formed, natural gas companies could not be incor- porated; 108 Pa. 111; 111 id. 35. Conse- quently a general law was passed providing for such companies under which, when lawfully incorporated, may they exercise the right of eminent domain and the grant of the power is constitutional: 120 Ind. 581; 63 Barb. 437; 115 Pa. 4; 160 id. 367; and the use of city streets for that purpose imposes no additional servitude; id. In Pennsylvania, the courts of common pleas may hear and determine controversies be- tween natural gas companies and munici- palities as to the manner of laying their pipes; 115 Pa. 4. A right to take natural gas from land under the Pennsylvania act of Apr. 7, 1870, P. L. 58, is not land held in fee, subject to be sold under a special fi. fa, against an in- solvent corporation; 162 Pa. 78. The lessee for oil and gas, having drilled a well and tapped the gas-bearing strata (the only one in the land), has both the possession of the gas and the right to it, and the owner will be enjoined from drilling; 130 Pa. 235. A lessee for oil only who took from the well both oil and gas was held not accountable to the lessee for the gas, which is, like air and water, the subject only of qualified property by occupancy; 28 W. Va. 210. From the nature of the gas, a lease of well- rights is necessarily exclusive so far as con- cerns the leased premises themselves; id.; 130 Pa. 235. A person who has a natural gas well on his premises has the right to explode nitro-glycerine therein for the purpose of increasing the flow, although such explo- sion may have the effect to draw gas from the land of another; '181 Ind. 599. See also as to natural gas, 30 Cent. L. J. 497; 29 Am. L. Reg. 93, 102; 34 Am. & Eng. Corp. Cas. 46-8. The rights and liabilities of gas com- panies are, in the main, the same, whether they are engaged in the business of supply- ing artificial or natural gas. Municipal lighting. The business is usually carried on by companies acting either under a legislative or municipal fran- chise or contract, or directly by the munic- ipality under express legislative authority or implied power. As to the impli

An aëriform fluid; -- a term used at first by chemists as synonymous with air, but since restricted to fluids supposed to be permanently elastic, as oxygen, hydrogen, etc., in distinction from vapors, as steam, which become liquid on a reduction of temperature. In present usage, since all of the supposed permanent gases have been liquified by cold and pressure, the term has resumed nearly its original signification, and is applied to any substance in the elastic or aëriform state. A complex mixture of gases, of which the most important constituents are marsh gas, olefiant gas, and hydrogen, artificially produced by the destructive distillation of gas coal, or sometimes of peat, wood, oil, resin, etc. It gives a brilliant light when burned, and is the common gas used for illuminating purposes. Laughing gas. Any irrespirable aëriform fluid.

plural of Ga

Matter in an intermediate state between liquid and plasma that can be contained only if it is fully surrounded by a solid (or in a bubble of liquid, or held together by gravitational pull); it can condense into a liquid, or can (rarely) become a solid directly by deposition. | Matter in an intermediate state between liquid and plasma that can be contained only if it is fully surrounded by a solid (or in a bubble of liquid, or held together by gravitational pull); it can condense into a liquid, or can (rarely) become a solid directly by deposition. | A flammable gaseous hydrocarbon or hydrocarbon mixture used as a fuel, e.g. for cooking, heating, electricity generation or as a fuel in internal combustion engines in vehicles, especially natural gas. | Matter in an intermediate state between liquid and plasma that can be contained only if it is fully surrounded by a solid (or in a bubble of liquid, or held together by gravitational pull); it can condense into a liquid, or can (rarely) become a solid directly by deposition. | Poison gas. | A chemical element or compound in such a state. | A hob on a gas cooker. | Methane or other waste gases trapped in one's belly as a result of the digestive process; flatus. | The supply of natural gas, as a utility. | A humorous or entertaining event, person, or thing. | Frothy or boastful talk; chatter. | A fastball. | Arterial or venous blood gas.

To attack or kill with poison gas. | To use poison gas in (a volume or area) to attack or kill someone or something. | To talk in a boastful or vapid way; to chatter. | To impose upon by talking boastfully. | To emit gas. | To impregnate with gas. | To singe, as in a gas flame, so as to remove loose fibers.