¶1We agree with the opinion of the Supreme Court except so far as it construes the act of March 30th, 1887. It is unnecessary to pass upon that part of the opinion, because we find the act to be unconstitutional.
¶2Let the judgment below be affirmed.
¶3.For affirmance—The Chancellor, Chief Justice, Mague, Reed, Scudder, Brown, Clement, Smith, Whitaker. 9.
¶4For reversal—None.