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Las diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 r ' E AT AUTnO OF G, r T* -' '— • r^ ^ "^ *'T,f^ fj S! -, • •/■ t T '■ .■» 4 ^vv" Si H Qi -iK*' INDEX-DIGEST 7^^- / "V -"^ 46 ot ' dae Sifi/ 2s-9'-i- RIGHTS, REMEDIES, A5S PRACTICE, ^ 4 ^ AT LAW, UNDER THE CODES, AN^D 12^ EQUITY. ET JOHN D. LAWSON, AUinOB OP WORKS OJi PRESUMmVE EVIDENCE, EXPERT E\^T1E^•CS, cauhikks, USAGES K&a CUSTUilS, DICiJi.SSiuj 10 CliliXE, tic. * ' r p f r • » iC ' ■•■ - 'V ^ ~ C ••r. Of^;!.c^/^r SAN FRANCISCO: BANCROFT-^yIIITNE^ COMPAi^T, Law Pdbusuebs and Law Booilselleus. 1891. Entered according to Act of Congress, in the :>ear IS91, by the BANCROFT-WillTXEY COMPANY, In the office of the Librarian of Congress at Washington. per tha OTVI Anc dex as t! t: fittii and Bar, Jose PREFACE. The necessitj of an index unaer one alphabet to the seven volumes of Eights, Re^^edies and Piuctice is ap. parent, and was felt long b.fu.o the T.-ork had been com- pleted. It is clear that to make the.e seven volumes a real working librar:^ to the legal practitioner, it is of vital im- portance that everjoue of the thousands of leg.l points and rahugs ^vhich they contain should be open to him ;;-ithout the necessity of spending the time which the consultation of seven separate indi.eg would require. And as this work of a complete index-digest could only be once done, it was determined that it should be well done. Hence, that the present volume is a large book is due to the fact that it was deemed better by both publisher and author that no ex- pense nor labor should be spared in its preparation, rather than that an incomplete index should bo offered to the owners and readers of Eights, Eemedies axd Practice. And so, after a most minute and careful digesting and in- dexing of the seven volumes, a key to them is now presented as the eighth and final volume of the work. This place-the preface to the last volume-arords me a fitting opportunity to acknowledge the valuable assistance and faithful services of three members of the San Francisco Bar. during the last two years of my labors. To Mu Joseph A. Joyce Vol. II owes the title F^utors and Ad- vi PREPUCE. viimslmtors, and Vol. VI the bulk of tho titles Deiicent and DlslnbulioH aucl JVUla. Mil. Henuy Thompson prepared the titles Trudc-mai'lcs in Vol. IV, Modijmjvs in Vol. VI, and Public OJiccrs iu Vol. VII, besides rendering mo valuablo assistance upon the title Acliom and Dcfemcs in Vol. VII. And if the seven volumes are freer from error of citation, either in name of ca.se or volume of report, than might bo looked for iu a work of its magnitude, I cheerfully award the credit to Mr. George D. Gear, who while the volumes were in press carefully and hiuoriously compared with the original volumes of reports every one of the tens of thou- smds of citations which Eiguts, Remedies and Practice contains, J. D. L. I E Al INDEX-DIGEST Of EIGHTS, REMEDIES AND PRACTICE. [Volume, pape and wrtlon are plvon In evcrj- lng»:.noe, an 1 In tJiU order. Thug: 4, p. 8IJ1, i 1S40, rcftrs to volunio lour, at jiafe 3171, uiid iu bcclion 1819.J Abandonment. See Insurance, f; Eminent Domain, Landlord and Tk.vant, 6. aen-ant abamloning contract before end of term cannot re- cover for time sjTved j^ p_ 449,5 2."1 dissolves contract of service l, p, 4(15^ § 055 mere temporary absence of servant not an abandonment. 1, p. 4G3,' § 2C2 employee who overstays his leave of absence does not aban- don his place 1 p ^g^^ § 052 where owner abandons property, first comer may take it, 3, p. 2.1S4! § 1 309 rif,'ht to manure left in hi-^hway 3 «. 0385] § 1310 soil thrown on land of another 3' j,. 038^,' g j 310 wood running in stream over one's land, right to 3! p. 2360] § 1310 property not derelict while in hands of officer under P''"*^''* 3, p. 23S5, § 1310 property must be taken possession of by first comer; what is a suflii.icnt ai)propriation 3, p. 0350, § 1310 where fruit blows or falls from trees, or logs or other prop- erty carried by flood, on another's property, firsi owner may abandon it %\iihout being liable for damage it ,./^"r, 3>P- 23SG, §1.?]0 alter ,f he enters to reclaim it 3, p. ojy;^ g ^^^q property on body of drowned man washed ashore from ship- wreck not derelict, but goes to his personal representa- . V''^.■: 3, p. 23S7, § 1310 where derelict, or property which has been carried away by flood, etc., is saved, rescuer has right to be paid costs and expenses, but he has no lien 3, p. 23S7, § 1310 '"H C3j1 ABANDONMENT — ABATEMENT AND SURVIVAL. Abandonment - (Pontinuod.) williiii ficliiiinilty juiisiliL'tion, prrscrvcr of proprrty lias lirn on it for MTvicos 3. p. 2.';S7. § 1 r^lO title to wrucka uiid abaiidonoil vcsscla 3, p. 2JS'J, § 1312 Abatoment. of nuia-vni'i', soo I'vsements; Ni'isance; Watkuh and Water- cornsKs, '.\. Abatement and Survival of Actions. autiuu foiiiidid iti tort did imt, at common law, Kiirvivo to tlio pcrson.il ropri'sciitiitives 7, p. 5410, § 31C6 rights of action arising out of contract survive, unless con- tract was purely jicrsonal to dcccaMcd, or tlie injuiy rcsultinj,' consisted entirely of ]iei.N(iiial MinV'iiiig..7, p. 5410, § 3130 commondaw doctrine extended; all liylits of action founded in tort to property now Kurvivo, ami pass as assets to the personal representative of deceased 7, p. .'5410, § 3130 test of assijinaltility the element of survival 7, p. 541G, § 3130 actiou for defamation will not aliato l>y death of defendant after judj^mcnt and jicnding an appeal. Case reversed on appeal, action abates 3, p. 2370, § 1307 action for divorce abates by death of either party 2, j). 14"J8, § 7S0 decree of divorce afTec^.ng projierty rij;ht8 may be rcviewecl on appeal, after death of one of them 2, p. 142S, § 7S0 death of husband does not abate action by wife under civil damafie law 3, p. 1953, § 1132 cau&o of action does not survive against legal reprcsentativea for damages arising from continuance of nuisance sub- sequent to death 6, p. 4S47, §2977 action by husband against railroad, for loss of services of wife caused by injury to her survives her death. .2, p. 1332, § 730 power given to executors, coupled with interest, survives death or renunciation 2, p. 1040, § 920 action for breach of promise of marriage, docs not survive to personal representative 2, p. 12'S7, § 005 cannot be prosecuted after death of dcfemlant 2, p. 12S7, § C05 abates upon marriage of parties 2, p. 1288, § 095 where suit pending at time of removal, deposed executor has no further standing in court 2, p. 1028, § 902 executor or adininistrator cannot bo sued in an action ■which existed by statute against deceased and abated at his death 2, p. ICSO, § 903 death of bank president in whoso name judgment was ob- tained does not abate sui^ brought in behalf of bank 1, p. 709, § 420 where charter expires by Ir.pse of time during pendency of appeal of suit a^^ainst corporation, appeal abates 1, p. R.'JS, § ."lO? ademption and abatement of legacies 6, p. 5244, § 3274 4 I ABBnEYIATIONS — ACCIDENT. 0335 Abbreviations. no o))jfcti()ii to deed timt dosrription of lands convcj'od is in tigurca uud ubbrcvialiuus 5, p. 3S41, § C2S3 Abduction. parcut liny nniiitnin an aotion ng;uast ono who entices away or abducts ntiiior cliiU 2, p. USO, § 619 Absonco. Sco Attachment; Domicii,. temporary absence tf altoruey docs not afTect his author- ity 1, p. 270,§ 109 wlicro hiLsband or wife has not been heard from for three or seven years 2, p. Ui2, § 7S7 Acceptance. See H.VNliS, G; NEGOTIABLE In'STUCMENTS. Accession. See, also, Animal''; Confcsion of rnoPEnxT. accession defined, title by 3, p. 2Wn, § 1"15 natural and artilluial accession 3, p. 2393, § 1315 trees belon;^ to owner of laud in which root is; fruit on tree to owner of tree 3, p. 2.103 n, § 1315 cvcnwherothe limbs mayovcrhang the landofanother.3, p. 23!)3 n, § 131,5 young animals to owner of female 3, p. 23!t3 n, § 1315 iio to owner of water on which it is formed 3, p. 2393 n, § 1315 crops belong to ovner of land on which they grow. .3, p. 2393 n, § 1315 plants and shrubs, the growth of cuttings from plants and shrubs mortgaged, pass to mortgagee by accession, 3, p. 2394 n, § 1315 diridend earned, but not declared, before transfer belongs to owner of the stock when dividend is declared, and not to prior owner 3, p. 230tn, § 1315 trespasser cannot acquire title by acces.sion 3, p. 2394, § 13 IG aliter when person is not a wronijdoer 3, p. 2395, § 1317 accessions to chattels are covered by mortgage of them. 6, p. 5000, § 3079 depositary must restore not only thing, but increase or profits 4, p. 2037, § 1713 title to real property by 6, p. 4391, § 2G93 Accident. accident defined 3, p. 1718, § 1013 person not civilly liable for 3, pp. 1717-1719, § 1013 firearms accidentally going off 3, p. 1718, § 1013 accidental trespass is not actionable 7, p. SfiGl, § 3()(!0 mere accidental or unintentiona' act lot a conversion. .7, p. 5084, § 3GG7 bailees for hire not responsible fur Ijss by act of God or inevitable accident 4, p. 2901, § 1730 hirer not liable for loss by accident 4, p. 2979, § 1739 borrower not liable for loss or damage caused by inevitable accident 4, p. 2945, § 1723 ■* i Gl!j(j ACCTDENT— ACCOUNT STATED. Accident— (rnntinued.) titK: hy lonfii^iipii, by inevitable accident 3, p. 2400, § 1323 Accident Insurance. Sfi- Ins(U\.s(i;. Accommodation Paper. puwcr of corpiirutiou to Bign accommodation p-ipor for otlierh 1, p. CT'.. § 403 implied power of (x^'eiit to ni.ike accomiiioibition notes. . 1, p. lOG, 9 70 accoiuniodatioii iiarty, rights nnd liabilities of ]iar;ic8 'to negotiate paper for otlard' accommodation 4, p. 2707. § ir.iKl; 4. j.. 2770, § 1594 accommodation parties to bill^ and notes not cu-sureties nnd not entitled to contribution .4, p. 2771, § 1594 Accord and Satisfaction. what is, reipiisitcs of 6, p. 4228, § 25G7 accord and satisfaction between joint creditors and debt- ors 6, p. 42.10, § incT not necessary tliat consideration be adecjuato 5, p. 4231, § 2508 rt'iini.sittH of C( nsi ler.ilion gcnerijlly 6, p. 42.11, §2.108 acceptanee of »nia!kr sum uo satiufaetion of larger debt. .5, p. 4232, § 2308 Sec C'oMl'ANIi:.S. Account. See MoitTGAOES. duty of agent to keep rPfpiLar accounts 1, p. 1S2, § 89 to account to princ'i)al for money received, goods sold, and onlers obtained 1, p, 132, § 89 even though such sales, as between principal and purchaser, nreilltgul 1, p. 132, § 89 failure to keep accouuts a defense to suit for salary 1, p. 132, §89; 1, p. l.-)I,§ 90 agent obliged to account only to princi^jal 1, p. lll.l, § 89 duty of broker to keep 1, p. 397, § 225 attorney must render accounts to client 1, p. 297, § 177 pledgee must render account to pledgor of income and profits 4, p. 3010, § 1776 duty of guardian to render accounts 2, p. l.">71, § 875 accounting' by executors and administrators 2, p. 1090, § 9S7 action of account lies by ward agaii'.st guardian after expira- tiWn„7« and ,'.^d,lHo. . . 7 ^'' I'.tf' J •'^'*^"* di^tmction between actions at "law" aiid "sui'ts i"' ' ^ '''' e(piity equity acts on person individu.iUv. . ..':..'.'.*;; 7' '*' g'.,','.?' !."'"' equity grants specific performance' . . 7" !'' r'l't 1 1^ ' " jury tnal not necessary in equity ::.'.':;;;::::7; ^ t^ii] Jj 4 choice of re,„nli.„ not taken away l,y the codes 7. . .^4lV ^ 3 ,- agreements to re.'er disputes do not prevent action .... 6, ,. 5l'S(i' § 3 00 except where reference is made conduion precedent to suit ,. -, Icgislaturecannotcreateortakea^vayrightsofactibn'forpMt " '"' 7, p. cost, §3S04 (5353 ACTION. Action — (Continued.) uo vested right in remedies; state may change them even as to wruii<;s already cuiumitted ' 1, p. GOS-l, § 3SG5 2. When mahitaiiathle. actionable to erect huiWing so near adjoining land that wa- ter from ruot ii discliargcd theiciip(.ii 6, p. 4T9S, § 2942 action will lie for a non-feasance in a niutual-lionefit bail- ment by failnre of one to make or otlitr to accept the promised bailment delivtry 4, ]>. 2973, § 1733 for carrying jiassenger beyond destination 4, p. '6'2-Hi, g 1S9G railroad not lialdo fur neglect of conductor to fullill promise to wake passenger 4, p. 32-lG, § ] S9G for failure to transport jiassingcr according to contract. 4, p. H'l'dO, § 1SS7 by servant entitled to lodging for master's failure to prop- erly lodge him 1, p. 4G5, § 2C5 by master against third person injuring set vant 1, p. 4UG, § 288 by director improperly excluded frini meetings by his co- directors 1, p. 713, § 421 against persons subscribing for stock for another without authority 1, p. 73,", § 441 for disturbance of sale by auction 1, p. 3o6, % 212 against bankiT who, liaving funds, refuses knowingly or ljy mistake to honor customer's check • 2, p. 950, § 533 for breach of contract to keep railroad station at particular place 3, p. 1000, § 5G2 by husband against person enticing or hai boring wife 2, p. 1310, § 714; 2, p. 1332, § 730 against physician who intrudes strangir into bed-room of si. k woman 7, p. GIGG, §3911 against physician for neglect in infecting persons with dis- ease from other patients 7, p. GIG7, § 391 1 •wife may sue for less of society of husband ..2, p. 1312, § 715 by husband against druggist .vho sells laudanum as bever- age to wife 2, p. 1332, § 730 by hohler of certilicate of stock against one wlio, having as- signed certiticate, causes corporation to refuse to transfer stock on its books 1, p. 775, § 4GG Throwing of bad-smelling slops and liltli by defendant on plaintitl's premises 6, p. 4S18, § 295C by defendant against whom injunction has been iinprojierly issued, in addition to remedy on bond 7, p. 5701, § 3704 •gainst bailee terminating bailment before completed. .4, p. 21)30, S 1712 action will lie for a conspiracy to entice citizen of one state to go into another state, where ho may be arrested on civil process 3. p. 17SS, § 1047 or for a conspiracy to maliciously prosecute him 3, p. 1788, § 1C47 or to defame him, and ruin him iu his professiou. . . .8, p. 1788, § 1047 ACTION 6359 Action— (Continned.) or to .lefraud a crc s 1 §1010 for tak.ng cnston.er. away from a rival 3^ ,- .7 , ' , ^ for maliciously breaking a contract " ' s .y 1713' « n O byovv::on:;l-ag;;;;t-;ne-;;i.;- maii;;.;;;;,;^^^^ ^'^'' § '•^^^ employ any tenant of such house, and thus prev.nts the renting _ i-..^ . for eating portion of meat fun'.iVhed 'by'd'ei;;;; but not' ' '^^^^^ paid for, and returned, on account of dis.greement as to price „ for posting malicious notice by "enVployer " forb/ddin'.^ e'm^' ' ^' ^ ^^'^ ployees to trade with defendant °3 „ 1714 5 ,o,„ agamst a witness for giving false evidence or suborned false ' testimony „ for citing person to appnar as witness unnecesVaril'y .'.*.* .3' p' 1715' S Iml for receiving and assisting a debtor who has escaped arrest „ 1-1 r g for money expende.l in successful de'fenVe'agains't an indi'cJ'-' ' *'' ^^'^ mentoraction 3 l~ir S inio for inducing person to revoke will ia" favor "of plaint- ' ' for inducing an olDcer to receive,' by mkrepresentationr ^'^^'^^'^'^ check instead of cash under an execution 3 p 1717 8 1012 for acts causing master to discharge servant 3 ,, 1717' § 1012 for preventing person, by town ordinance, from completin, § 2700 Advertisement. See Auctions, 1, 3; Rewartis. comments, however severe, on advertisements or handbills of traders not libelous 3, p. 22S7, § 1270 notices by advertisement and placard 4, p. 31GS, § 1845 custom tliat advertisement given w ithout instructions is kept in a newspaper until ordered to be discontinued ad- missible 1, p. 4G0, § 2G0 recovery by auctioneer of cost of advertising property, . 1, p. 373, § 218 implied power of agent aa to advertising 1, p. 102, § G7 Affidavit. See Attachments, 3. of claim against estate may be made by an agent of the creditor 2, p. 1704, § 999 63G4 ATFIDAVIT — ALTERATION. Afia davit— (Continued. ) proof that one maliciously made affidavit in attachment ren- ders him liable for resulting injury 3, p. 1897, § 109D that party is " informed and belitves " that attorney has no authority to aiipear insuflicient 1, p. 204, § 158 trespass will not lie at^ainst a person for making atlidavit upon which another is unlawfully arrested 3, p. 1807, § 1053 implied power of attorney to make 1, p. 280, § 170 in patent cases may be taken before whom 4, p. 2S73, § 1G73 to prevent an award from becoming a judgment must contain statement of facts 6, p. 5375, § 3401 •"^re general charge of " fraud, accident, mistake or illegal- ity " not sutiicient 6, p. 5375, § 3401 Affinity. as an impediment to marriage 2, p. 129C, § 704 Agency. agents of insurance companies, see Insurance, h; of corpo- rations, see CoRroRATiONS, 4; of municipal corpora- tions, see Municipal Corporations, 2. And seo Principal and Agent. Agisters. ordinary care required of agisters 4, p. 2956, § 1729 Agricultural Society. See Voluntary Associations. Alienation. restriction on power of, see Real Property, 3, 4; Wills. Alimony. See Divorce, 5. Alluvion. See Waters and Water-courses, 2. Alteration. implied power of attorney to alter securities 1, p. 280, § 170 power of corporation to alter charter 1, p. G()7, § 395 what are not alterations in charter 1, pp. CGS, C69, § 396 grant of additional franchise 1, p. GfJ'J, ?■ 30o discharge of obligations to state 1, p. CG9, § ?•'•'' effect of alteration on liability of stockholders 1, pp. 6(;9, 670, ii ■:'' :■ corporation may alter its business to suit changes of time and circumstances 1, p. CGO, § 5d2 power of corxioratiou to alter amount of capital stock 1, pp. G74, G75, § 402 power of directors to alter or annul by-laws 1, p. G83, § 408 majority of the stockholders cannot accept alteration of their charter 1, p. 628, § 361 rights of creditors to prevent dissolution or alteration in charter 1, p. 840, § 502 I '. 'i vi 19 ALTEUATION OF IXSTllUME.NTd — AMliNJjJlENTa. Alterafon of Instruments. See S KEIVSIllI' AM) (Jlakantv. altoi-iition of iii.striim.iit, wlwt is. . .5, p. 4093, § •24C,9; 5, p. 4109. § •_>i7f) ellect (i is to :iv..i.l iiistniinuiit 5, j, 4, .j,;^ g -Jji'ia whethcT or not papur liaa been altered question for jury. 5, p. 40!is! g '2UiO nltenition l,y stnuij^er to instriunent dots not avoid it. .5. p. 4{)'J:i, § -JtTO alteration hefore exucutiuii or delivery of inhtrunient d<,e.s , , ""t"voidit 5, p. 4099, §2471 Whether altL-rat ion made before or after d. livery of instru- ment a (iiiustioii for jury 5^ ^ 4Qf,3^ §2171 alteration or erasure made by aecideiit or mistake does nut afleot inatrument 5^ p 4Qj.f,^ g 247-> alteration ma.le by eonseut or afterwards ratilied d.ies not allect in.strument 5 j, ^^QO, § oj;.-, alteration to avoid the instrument must bo material, must change its meanin^r or its legal elieet 5, p. 4100, § 2474 alteration is immaterial if neither rights or interests, du- ties or obligatiouH, of either of the parties are ,fT'^ •■• 5, p. 4100, §2474 even thougli made with fraudulent intent, immaterial ^ alteration does not vitiate the instrument, though in- nocent material alteration would °5^ j,_ 4100, § 2474 whether alteration is material is (piestion of law for , , 7'""*^ 5,p.4I0I,§2474 what alterations are and are not material in contracts and writings generally 5, p. 4101, § 2474 what are and are not material alterations in bonds wiiiuli will di.-charge instrument 5^ p_ ^iqo, § 2475 what are and are not material alterations in negotiable in- , , ^t'— t-^ 5, p. 4103, §247(5 what arc and are not material alterations in insurance ., l'"^'*^'*^^ 5, p. 410(;, § 2177 right to hll blanks left in instrument 5^ p. 41(^7 s- 0473 person negligently leaving blank in instrument liable for its altered state to bona Jlde holder 5_ p. 4JO8 animal by bar))od-wiro fence 3, p. 2480, g 1373 rights anil liabilities of owner of horso entered at horse- race 3, p. 2480, § 1373 person may lawfully kill ferocious dog running at large with- out nuizzle 3, p. 24S0, g 1 : 74 cannot enter premises of owner to kill such dog 3, p. 2481, j^ 1374 one may lawfidly kill an animal which atticks him . . ..3, p. 2481, § 1375 right tff self-df fense against attack by animal not reati ictcd; danger need not be imminent 3, p. 2481, § 1375 inhabitants of dwellingdiouso have right to kill dog which, by howling and barking by day and night, disturbs repose 3, p. 2482, § 1376 if necessary to protect animals from being killed, their own- er may kill attacking animal 3, p. 2482, ^ 1 377 animal destroying property may be i-illed when 3, p. 2483, ^ 1377 statutory authority for killing dogs or other animals run- ning at large 3, p. 24S4. § 1373 distress of animals, damage feasant 3, p. 1700, g 1037 liability for killing or injuring trespassing animal 3, p. 24SG, § 1379 right to impound trespassing animal; liabilities 3, ji. 2488, g 1379 rights and liabilities of finders of animals 3, p. 2490, g 1380 trespass to unhitch another's horse from jioat 7, p. 5050, g 3fi.'6 trespass to intentionally run against another's horse or carriage 7, p. 5050, § 3056 liability for killing animal with poisoned bait 3, p. 1 998, § 1 150 3. Liabilitii'S o/ Owiii-rs or KveperH of Aitimah. Owners or keepers of animals liable for damage caused by them 3, p. 2491, § 13SI act of animal need not be vicious 3, p. 2491, § 1331 harborur of animal liable as owner 3, p. 2492, § 1381 as between owner and keeper, latter liable 3, p. 2493, § 13!-1 les;iee of farm liable for damages by cattle as if he were owner 3, p. 2493, § 1381 c:w3 ANIMAL3. Animals— (Cnntinnrd.) iKiiluo of a viuii lu
  • ;^ as much lioiiml to restrain liim ns owner 3. p. 'JIOS, § IHSl joint owners of an animil are li.ililo jointly 3, p. 24'j;t, g l.'JJl •cparate ownt'r-< of sevt-ral aiiiiiiHls arc not jointly IIuMl' for injiiriu-i do lu by tliein nil at same time 3, p. 219.1, § 1381 two joint owners of vicious animal are each lioun. 'J103, § IHSl partner li.ilile for ilaimjjo by dogowneil by firm 3, p. 'Jl'.IH, § i;tSl iikntity of animal may bo proved by opinion of witness. 3, p. 2['X\, § 1361 master liable for negligent caro or uso of aninialu by liis servant 3, p. t.M!)l. § 13S2 keeper of wild animal liable as an insurer 3, p. 21'J.'», § 1383 kuipor of taincj animal liable only after notice of hia mis- chiu VOU9 disposition 3, p. 2493, § 1 3S4 declaration aj,'ainst owner for injury by ferocious animal must aver tlic scinitcr 3, p. 2199, § 1381 proof of srii'iiter, liow made 3, p. 2.")ni, § l.'!»j tcifiiifcr not necessary by statute in some states 3, p. 2505, § 13SG liability of municipality for objects on hi;^hway which frighten horses 7, p. 0312, § 4021 contributory ne^lii^ence in action for injuries by animals. 3, p. 2500, § 13S7 of children in playing with dangerous anim.als 3, p. 2508, § 13S7 tre-sp.asser may sue for injury by ferocious dog 3, p. 2509, § 13S3 liability for negligence iu driving, secuiing or using animals 3, p. 2510, § l.SSS drivin? cattle on highway '. . 3, p. 2517, § 1392 person letting or giving charge of animal to another must notify him of its mischievous disposition 3, p. 2512, § 1390 li.ability of owner for trespasses of animal 3, p. 2512, § 1391 duty to fence in and against animals 3, p. 251.3, § 1391 liability for injuries caused by keeping diseased animals. 3, p. 2518, § 131)3 liability for injuries caused by selling diseased animals. 3, p. 251!), § 1391 animals, when a nuisance 6, p. 4S74, § 3005 husbanil liable in trespass for .an act done after the marriage by an animal which at time of marri.age belonged to wife 3, p. 1329, § 729 warranty of soundness of animals, when and how broken, 5, p. 3953, § 2371 suflicient excuse for non-delivery of anim.al bailed, that it has died 4, p. 2938, § 1715 liability of hirer of aniimls for injuries to them 4, p. 2979, § 1379 railroad not liable to passenger bit by stray dog on platform of station 4, p. 32GS, § 1012 4. Injuries to Animals by Railroads. injuries to anim.al3 while being carried, see Carriers. duty to fence railroad — at common law 3, p. 2521, § 1395 ANIMALS — ANSWEIl. <'.3G9 '2\m, § nsi 2103, § 1381 : 2103, §13S1 2103, S 13SI 2103, § 13^1 2101, §13S2 210.'>, § i;iS3 2403, § 13S4 2100, § 1381 2.-)01, § 13-d 2J0o, § 13SG 0312, § 4021 I 2o00, § 13S7 I 5 2o()8, § 13S7 I I 2JO0, § 13SS I 4 2.') 10, §1383 2517, § 1392 2:)12, § 1390 !.-.r.', § 1301 2513, §1301 • r)18, § 1303 . 510, § 1.301 4S74, § 3005 1329, § 729 P 3953, § 2371 | 2938, § 1715 f •1070, § 137'.) I ^^ 32G8, § 191-J 2521, § 1395 Animals— (Continued.) l.y contract 3, p. 2.')21. § 1306 is ii[)iin conipmy opuratiiii,' ro.'il, tlpmi^li not a lossi.o. . .2. p. 0.S3, § 51!! duty as to cattlo on tnick — slackuiiin;; .sjicud 3, p. 2.'i22, § 1307 ringing l)ell and sounding wiiisllis 3, p. 25J4, § 1303 evidiiicu of nc,'ligonoo — prLSuniptiou— hurdcn of proof 3, p. 2525, § 1.309 duty to fonou ijy statuto— in genural 3, p. 2.52.'), § 1400 who and wh it within statutory protection 3, p. 2527, § 1401 at what places fences not rcijuired 3, p. 25JH, § 1402 in c ties, towns and villages 3, p. 252S, § 1 403 higliway crossings and highways 3, p. 252'.*, § 1404 public places 3, p. 2.520, § 1405 what fence sutn ;ient 3, p. 2530, § 1406 degree of euro iu maiutenanie of fouoe— uotioo of defects, 3, p. 2531, § 1407 private crossings 3, p. 25.32, § 1408 cattle-guards 3, p. 2.533, § 1409 release of duty to fence 3, p. 2534, § 1 UO contributory negligence — as to fences 3, p. 2.536, § 1 4 1 1 as to permitting cattle to run at large 3, p. 2.536, § 1412 what kinds of injuries to cattlo are within statute 3, p. 253S, § 1413 injuries to railroad by trespassing cattle 3, p. 2539, § 1414 whutiier railroad bound to fence at particular place a ques- tion of law 3, p. 2539, § 1415 whetli'-r railroad {pw:o was secure; at wliat pla^ie accident happened; whether injury was result of failure to fence, (jue.stions of fact 3, p. 2539, § 1415 pleading in suit against railroad . . , 3, p. 2540, § 1416 See I'LKAUixa. burden of proof; evidence of negligence 3, p. 2541, § 1417 measure of damages 3, p. 2512, § 1418 See DAMAGtS. Annuities. annuity defined 3, p. 2430, § 13 tl effect of bei^uest of annuity 6, p. 5206, § 3234 pers inal annuity given by will is governed by rules apjili- cable t ) devise of realty 3, p. 2430, § 1341 promise to p.ay annuity in consideration of forbearance to sue valid and binding 6, p. 5206, § 3234 inequality of price on purchase of annuity not usury ... .3, p. 24.30, § 1341 at what time annuity payable 3, p. 2431, § 1341 when income fails principal must be resorted to 3, p. 2431, § 1341 right of annuitants In general 3, p. 2431, § 1341 Anomalous Endorsements. See Neootiable Instkdments, 7. Answer. See Pleading and Practice, 3. 6370 APPEAIlANCJi— Al'l'KALa. Appearance. Set' ri.KADINO AND PkACTICE, 13. Appeals. in patent c.iscs, see PATENXi. implied powur of (ittornoy to apprnl 1, pp. 230, 281, § 170 rutuiiicr to conduct suit does uot give autliority to nppenl to hiyher court 1. p, 339, § 204 court h.na a discretion which will not, except for grtat injus- tice, bo reversed on appeal 1, p. 2"'>, § 134 in most states, however, ajipcal lies 1, p. 2*25, § 134 appeal docs not restore the attorney to right to practice pending its determination 1, p. 225, § 131 where auretiis do not join in appeal, validity of bond cannot bo (piestioned in appellate court 7, p. 5793, § 3704 until sued on bond, sureties iiavo no such interest in ori;,'inal suit as enables them to prosecute an appeal 7, p. 579'), § 3704 aupremc court will uot entertain application for alimony pending appeal 2, p. 1450, § 794 reversal of a decree does not necessarily reverue decree for alimony 2, p. 14.'0. § 704 validity of stipulation not to appeil from award 6, p. 5284, § 3324 if judgment reversed, tenant entitled to a restitution of pos- session 6, p. 4706, § 2SS9 appellate court will not review finding of a referee as to the commissions allowed guardian 2, p. 1G03, § 8S7 amount of damages is question for jury; decision not inter- fered with on appeal 3, p. 21G7, § 1221 aliter where clearly against the evidence, or is so inade- quate or 80 excessive as to raise inference of passion or prejudice 3, p. 2163, § 1221 where case is one for compensatory damages oidy, and jury has given vindictive or exemplary dam.ages, verdict will be set aside 3. p. 2169, § 1221 illustrations of verdicts sustained on appeal as to amount, 3, p. 2108 n, § 1221 illustrations of verdicts reversed on appeal as excessive. 3, p. 2170, g 1222 appellate court may reduce verdict 3, p. 2171, § 1222 verdict in excess of real injury will be set aside 3, [>. 2d43, § 1413 aliter if it is only slightly in excess of amount at which court would have assessed damages 3, p. 2543, § 1413 discretion of court in selecting guardian not renewable on appeal 2, p. 1551, § 853 implied power of attorney to bring writ of error 1, p. 286, § 171 on appeal in mandamus, alternative writ must be set out in record 7, p. 6339, § 4037 appeals from damages awarded in eminent domain proceetl- ings; practice on 7, p. 6151, § 3904 Ari'KALS — AIlUnUATION AND AWAllD. G371 281, 8 170 'i t 339, § 204 t 2C-), § 1.34 2-Jj. § 134 1 K^ 225, § 134 79a, § 3704 ■i 79;), § 3704 ' -v^' 450, § 794 4-0, § 704 234, § 3324 \ \. 706, § 2SS9 505, § 887 67, § 1221 63, § 1221 GO, § 1221 n, § 1221 •0, g 1222 ■1, g 1222 3, § U13 3, § 1413 . § 853 5, § 171 ), § 4037 , §3904 Appeals (rontlniifd.) ttiiiioal friKH indirgraiitinj; intiTlocutory iiijuiictii'U when allowed 7, p. .'■.705, § 370i5 no n]iiii'alfi'. 57'J5, § 37u5 iujicri^iilitin grniitt'il (n ai>iK-al fron\ order ^Tuntiiig inter- locutory injunitioniuid ftiiiiointiii;; a reccivar jfutlmtc lid', opiiation of onlir hii>ih nde 1 7. p. 5700, § 3705 where nn order grantini; n pnlinimary injunction appealed from, eireut i8 nut to authorize doing of act unjoined . . /. p. 679G, § 3705 where appeal is from Una! decree granting perpetual injunc- tion, giving of a Hiijiii-Kittvaii liond docs not permit doing of act enjoined 7, l>. 5791!, § 3705 where liill dijiniisscl ou liearing, ami an appeal taken, original court lias no power to grant an injunction pending appeal 7, p. 570(), § 3705 appeal will not He from discretionary order 7, p. .">7'.'li, *' o705 appeal will not lie from order dissolving injunction 7. p. b'V'J, § 3705 objection on ground of variance too late in the appellate court 7, p. 5441, §3405 authority of attorney not objected to in Inwer cannot be incpiired into in appellate court 1, p. 205, § 153 Appointment of Agents See I'kinc rt'AL AND Aoent, 0. Apportionment . dividends cannot l)e apportioned, but most be paid to owner of share at time dividend is declared 1, p. 785, § 474 Apprentices. who are apprentices 1, p. 434, § 232 who may bind 1, p. 4:U, § 232 who may take 1, p. 434, § 232 contract of apprenticeship 1, pj). 434. 435, g^ 232, 2.'>3 assignment of contract 1, p. 435, § 2."{3 duties of master to apprentice 1, pp. 435, 4.'iG, § 23^ right of master to discharge apprentice 1, p. 4.3G, § 2.35 right of master to earnings of apprentice 1, p. 43(1, § 236 right of parents and guardians 1, p. 4.'{7, § 237 liabilities of parent and guardian 1, p. 437, § 238 what is faitliful service 1, pj). 437, 43S, § 239 w hat will excuse faithful service 1, pp. 437, 438, § 239 Appropriation. of payment, see Payment, 2. check is appropriation of so much of maker's funds in the bank as is necessary to meet it 2, p. 938, § 530 Arbitration and Award. 1. The Submission. 2. TUK ARBiTRATION. 6372 ARBITRATION AND AWARD. Arbitration and Award— (Coatinucd.) 3. TlIG AWAKD. 1. The Sithml-sion. arbitrcation tktined; not a "suit" 6, p. 5204, § 3297 Bubmisaion ikfined 6. p. 5204, § 3297 M'hen award is void siilnnissiou is no loriger binding. ...6, p. 5i:()4, § 3297 power of court to refer case 6, p. 52(!5, § 3298 elTect of finding of referee; powers of referee 6, p. 5205, § 3298 making submission a rule of court, and enti:ring judgment on award 6, p. 5265, § 3299 parties to submission mnst be capable of contracting. ..6, p. 5;'()G, § 3300 who may submit to arbitration 6. ?• 520(3, § 3301 who may not submit 1, p. 103, § 67; 1, p. 281, § 170; 1, p. 395, §224; 1, p. 422, §229; 2, p. 1565, §873; 6, p. 5208, § 330? to worrant submission a "' controversy " sufficient 6, p. 5209, § 3303 matters which may be submitted 6, p. 5271, § 3304 disputes concerning real estate 6, p. 5271, § 3305 matters which may not be submitted 6, p. 5272, § 3306 informal statutory submission; good as common-law sub- miss-ion 6, p. 5272, § 3307 statutory requirements must be followed 6, p. 5273, § 3308 substantial compliance snffiuient 6, p. 5274, § 3309 submission need not be in technical form; agreement to be bound by award nece.*sary 6, p. 5275, § C310 oral submission valid; when written one recjuired 6, p. 5275, § 3311 where title to laud not actually in dispute, parol submission good 6, p. 5276, § 3312 written submission supersedes previous oral one 6, p. 5276, § 3313 written submission to arbitrate is not variable by parol .6, p. 5276, § 3314 submission may be extended or altered by consent of both parties 6, p. 5277, § 3315 eflect of clerical errors in submis.sion 6, p. 5277, § 3316 submissions are liberally construed to include all disputes, 6, p. 5277, § 3317 construction of different words and phrases in submission as to matters submitted 6, p. 5277, § 3317 ** all matters, disputes, demands, etc.," construction of.6, p. 5277, § 3317 uncertain or ambiguous submissions will be upheld if possi- ble 6, p. 5279, § 3318 statutes providing for submissions liberally construed as to matters to je submitted 6, p. 5230, § 3319 construction in sach statutes of " accounts," " civil actions," "claims," "long accounts," "personal actions," "controversies" 6, p. 5280, §3319 general submission includes all controversies between parties of every kind, whether in individual or representative capacities 6, p. 52S0, § 3320 § 3312 § 3313 §3314 ARBITRATION AND AWARD. 6373 Arbitration and Award— (Continued.) what (Ines general i-ulmiission not inclurlo G, p. 52S1, § 3320 power of arliitritoM under general suiiniUsion 6, p. o'iSl, g 33*20 etleet of siiljii.i:-sio" on claims barred l>y limitation 6, p. r.'J^'J, § 3321 Bubmissit^n of pending clause, what it includes; ellect of. 6, p. o2S2, g 3322 Bibi ' ^ion may be conditional 6, p. r)2S4, g 3323 validity of sti[iulatioi. not to spjieal from award 6, p. 52Si, g 3;]24 agreements to arbitrate not specifically enforced; dama- ges 6, p. 52S.",, § 3325 agreements to refer disputes do not prevent action 6, p. 523G, § 332G txcept where reference is made condition precedent to suit, 6, p. 5288, § 3327 to submit difTerences to arbitration will not preclude part- ner from bringing a bill for dissolution 2, p. 1247, § 072 by-law requiring members to submit disputes to arbitration invalid 1, p. 80G, § 484 dissoluticn of attachment, by referring claims to arbitra- tion 7, p. 55GG, §3536 2. The Arbttrrttlon. who may be arbitrators 6, p. 5290, § 3328 what are and what ?re not causes of disqualification 6, p. 5201, § 3328 action does not lie against arbitrator for any judgment given by him in his otBcial character 6, p. 5291, § 3328; 3, p. 171G, § 1012 but attorney liable for conspiring to obtain unjust award 1, p. 258, § 155 arbitrators and re^'erees are entitled to foes for services; measure of Loinpen.«ation 6, p. 5205, § 3329 arbitrators need not be sworn unless reipiiied by statute 6, p. 5297, § 3330 parties entitled to notice of hearing under submission to arbitiMtinn 6, p. 5298, § 3331 of what pr.ceedings notice to parties not necessary 6. p. 5301, i? 3332 power of arbitrators tu administer oath 6, p. 5301 , § 3333 to compel attendance or jiroduetion 6, jt. 5302, § ^?,?A arbitrators judges of l:iw and fact 6, p. 53 )2, § 3335 powers of arbitrators as to admission of evidence 6, p. 53(>3, § 3336 as to cor.ductof hearing , 6, p. 53l.'S, § 3337 as to granting r.djournments 6, p. 5309, § 3333 presumption is in favor of award, and that arbitrator has not exceeded his authority 6, p. 5310, § 3339 burden is upon party objecting to show that authority was exceeded 6, p. 5310, § 3339 powers of arbitrator —to order acts to be done 6, p. 531 1, § 334') to order conveyances 6, p. 531 1 , § 3341 to order releases 6, p. 5312, § 3342 to award costs 6, p. 5312, §3343 6374 ARBITRATION AND AWARD. Arbitration and Award— (Continued.) attorney not liable for fees of a referee 1. p. 255, to order as to terms of payment 6, p. 5314, to order i)ayment of interest 6, p. 5314, to appoint a substitute 6, p. 5314, to purmit amendments 6. p. 5315, order beyond powers of arbitrators is void 6, p. 5315, unless party execute or offers to execute it 6, p. 5315, tliat arbitiator lias aoted without aulliotity or in excess may be pleaded as defense to suit upon bond and award, 6, p. 5315, § 334S; see 6, p. 5373, or may be set up in opposition to a motion to enter judg- ment on award 6, p. 5315, § 3348; see 6, p. 5373, only party prejudiced can object to arbitrator's exceeding his authority 6, p. 5315, § 3348; see 6, p. 5373, all of several arbitrators must act 6, p. 531G, unl.iss one withdraws or refuses to act 6, p. 5317, all of several aibitrators must unite in award— when award of majority binding 6, p. 5317, final unanimity only necessary 6, p. 5319, arbiti'alor must exercise judicial judgment and discretion, 6, p. 5319, arbitrator cannot dclcgnt'^ ".-.th—'^y «, p. 5319, § 3353; 1, p. 2 except as to mere ministerial matters 6, p. 5320, irregularities iu proceedings of arbitrators may be waived 6, p. 5320, when umpire may be appointed — distinguished from third arl)itrator 6, p. 5321, appointment of umpire 6, !>• 5323, umpire must examine case himself — may order rehear- ing 6, p. 5324, arbitration limited as to time — power of arbitrators expires with that time 6, p. 532G, authority of arbitrators exinres with making of award 6, p. 5327, Buhmission is revocaMe bofore award made 6. p. 532S, when reference by rule of court revocable 6, p. 5329, death of arbitrator or referee before award revokes subiuis- § 153 §3344 §3344 § 3345 § 3346 §3347 §3347 §3399 § 3309 § 339Q § 3349 §3350 § 3351 §3352 § 3353 7, §27 §3353 §3354 §3355 §3356 §3357 §3358 § 3359 § 33U0 § 3300 sion 6, p. 5331, § 3361 § 33G1 §3361 death of pirty before award revokes submission 6, ]>. 5331, insanity of party before award revokes submishion 6, ]i. 5332, institution rtf suit upon subject-matter before award revokes submission 6, p. 5332, § 3361 marriage of a fcm'' noh, party to arbitration, revokes arbi- trator's authority 6, p. 5332, § 3301 refusal of arbitrator to act revokes authoiity 6, p. 5332, § 3361 party revoking submission is liable iu damages 6, p. 5333, § 3362 ARBITRATION AND AWARD. 6375 5345, 33G1 33G1 33(J2 Arbitration and Award— (Continued.) 3. The Award. no technical words necessary in award 0, p. 5335, award may be oral 6, p. 5335, when written award required 6, p 5335, award need not be sealed or witnessed 6, p. 533() but must be si|ieii!u(l from, has tlie same legal effect as verdict ami ju lyinent 6, p. 530"), § 3390 award oijcrates as mer.;er of original claim 6, p. S.SGo, § 3390 if award voi 1, ovi.,'in."il cause of action stands 6, p. 5305, § 3390 after awnrd m-ide, no action can be maintained upon any matter within scope of submission, th'jugh not pre- sented to arbitrators or decided 6, p. 53GG, § 3391 difTerent rule in some states 6, p. 5307, § 3391 award of chattels vests title 6, p. 5307, § 3392 but not award of land 6, p. 5307, § 3393 efFect of award as to stran^'ers to submission 6, p. 5307, § 3394 voidable award may be ratified by the parties 6, p. 5309, § 3395 performance of award required of parties according to its orders and intent 6, p. 5370, § 3396 demand not necessary to sustain action on award 6, p. 5370, § 3396 when performance by one party condition precedent to per- formance of other 6, p. 5370, § 3397 award may be enfcrced by action at law upon it 6, p. 5371, § 3398 suit may be on award or on bond 6, p. 5372, § 3398 that submission was under seal, not necessary that action on award should be covenant 6, p. 5372, § 3398 action will not lie upon award founded on composition of a felony 6, p. 5372, § ?398 award cannot be sued on until after publication 6, p. 5372, § 3393 may be enforced in part only where the parts are separ- able 6, p. 5372, §3398 award may be given in evidence under general issue. ...6, p. 5372, § 3393 defenses to action on award 6, p. 5373, § 3399 specific performance of awardwill be enforced in equity.. 6, p. 5373, § 340O award may be enforced on judgment by rule of court.. .6, p. 5374, § 3401 See Judgment. but commondaw remedies on award not taken away by stat- utes allowing judgment by rule 6, p. 5375, § 3401 award may be set aside in equity for fraud, accident or mis- take 6, p. 5376, § 3402 injunction will lie to prevent making of award by arbitra- tors, when 6, p. 5378, §3402 award under rule of court may be vacated on motion... 6, p. 5378, § 3403 Architect. slanders on architect, when actionable 3, p. 224.3, § 1253 promise may be conditional on certiti^ate of architect or ar- bitrator 5, p. 4146, §2504 Army. See Military Law. Arrest. See False Arrest and Imprisonment. ARIIEST— ASSAULT AND BATTERY. G377 Arrest— (Continued.) when allowed in civil cases 3, p. is:?,_ § jqos infant not liahle on civil process 2, p. 1 re'!) § S'M privilege of attoiney from j ,,_ o.jy] § 13^ attorney personally liable for wrongful l| p. o-,jj[ § j ,-5 implied power of attorney to onlcr 1, p. 2S2 § 171 action will not lie for receiving and assisting n. debtor wiio has escaped arrest 3_ p. 1715 § 1012 Artist. who has agreed to paint likenesses for certain price cannot re- cover till he has done all of them 1, p. 447, § o^q fair criticisms and reviews of pictures privileged 3, p. 218(j' § .l-'34 Assault and Battery. ' See Fal.se Arkest and Imprisonment; Self Defense. assault defined 3, p. 1804, § lOr.l what IS and what is not an assault 3, p. 1S04, ISOG § 1051 battery defined 3, p.' ISiHJ,' § 10:.2 what is and is not a battery 3^ p jgOG § 10.V2 intent to do injury essential in 3^ p. 1^07,' § 1053 accidental hurt not a batterv 3 p. iso7 §1053 no liability for unintentional injury resulting from exer- cise of right of self-defense 3^ p, JSOT, § 10o3 not necessary that precise injury intended should be done . . 3, p. 1807, § 10J3 trespass will not lie against person for making affidavit upon which another is unlawfully arrtsted 3, p. 1807, § 1053 consent of party injured is a defense 3, p. isoO^ § 1054 in action by husband and wife, a good defense that act was committed with consent of wife 3, p. ISOO, § 1054 party may recover for an assault and battery, althougli lie and his adversary fought by mutual Cf.nsent 3, p. 1781, § 104G; 3, p. 1809, § 1054 consent obtained by fraud is no d' fense 3, p. 1781, § 1046; 3, p. 1809, § lO-H defense of property justifies assault and battery 3, p. 1812, § 1056 limits of the right of stlfdefense in cA-il actions 3, p. ]S1(), § 1055 defense to action of, that it was committed in self-defen.T. 3, p, 18:9' g 1055 person may use force to prevent breach of the peace. . .3, p. ISKi! § ;()57 no assault to use force in certain relations 3, p. 1S17 § 1053 master of a ship allowed to flog a sailor in projjcr oases. .3, p. 1S17, g 10,13 father may administer moderate chastisement to child. .3, p. ISI7, § ki-jS or schoolmaster to scholar 3^ p ISI7' S loiS by innkeeper or common carrier 3^ p 1817' § k59 person disturbing a religious meeting may be ejected with . , ^°'""' 3, p. 1817, §1059 before person can be turned out of a clurch, he should be requested to retire 3^ p. i817, § 1059 6373 ASSAULT AND BATTERY — ASSIGNMENT. Assault and Battery- -(Continued.) iuu-kueiior is liable for aasuult on the person of gtiest by servant, or by ani)thcr ijuest in bis i)resonce 4, p, 3059, § railroad lial)le f < r assauU, wlieu conductor attenii)t8 to seize l)i((p(rty of jiasseiiger to enforc; payment of fare. 4, p. 3207, § measure of damages in actions for assault 3, p. 1817, S See DAMAOt--*. evidence admi-sib'e in actions for asaault.S, §§ lOCl to 10C3; §§ 1S18 to And see Kvidenck. Assignment. ot lease, see Lanpt.ort) AND Tenant, 5. of mortgage, see Moktoack, 3. of n •■g(itial)le paper, see Ni iioiiAni.R Instruments, 7» of certilicate of stook, see CoKPohations, 5. cIkisi'S in .action not assignable at common law 5, p. 4326, § but e([uitable assignments enforceable 5, p. 4320, § alitcr as to Viduutary assignments 5, p. 4327, § or contracts involving personal relation or confidence. 5, p. 4327, § or contract tainted with fraud or champerty 5, p. 4.328, § cho.sea in action assignable l)y statute 5, p. 43.'8, § interests in lands are assignable 5, p. 4328, § rights which are assignable in equity are assignable under tiie codes 5, p. 4323, test of whether cause of action is assignable is, would it survive to executors or administrators ot as.-ignor in case of his dc^-vth 5, p. 4328, § illustration of chattel ,an! 1 9, § 344 1 equitable ilefuiisea and sut-olF to assi^'ued clainn 7, p. o42iJ, 3 ;}41J drawing of check before acceptiuce nut an assignment of deposit 2, p. 93S, § 530 assignment of deed of trust not permitted unlosi by deed, 4, p. 33S0, § 10S3 imperfect legal assignment not cnforecalde as a trust . .4, p. 337 S, § 19S2 form of assignment— uo particular furm reii\iired for equita- ble assignment 5, j). 4330, § 20"* may be by delivery of instrument 5. p. 43:!(>, § •J(j.').'5 order not communicated to payee not an absignment. . .5, p. 1337, S -'i^G order on debtor to pay, effect of 5, p. 4335, § 2ijo7 assignment of debt valid as against the assignor wi li^ut notice to debtor 5, p. 433S, § 2GJ3 not binding as against debtor and parties subseijuently ac- quiring interest in debtor fund until notice... .5, p. 4338, § 2C)'iS form of notice of assignment 5, P- 4340, § 2f;'59 to whom must notice be given 5, p. 4341, § 2CG0 assent of debtor not necessary 5, p. 4341, § 2(JG1 extent of assignment; what debts and securities does iissign- ment carry with it 5, p. 4341, § 2CG2 assignee takes subject to equities and rights tf third persons against assignor 5, p. 4.34.'i, § 2GG3 exceptions: negotiable paper 5, p. 4345, § 2GG-4 what assignor covenants and warrants by assigimient . .5, p. 4.34(), § 2G<'5 assignment by new agreement of all i>arties 5, p. 4347, § 2GGG assignee of chose in action may sue in his own name. . .5, p. 4348, § 2GG7 at law, assignment of judgment did not authorize assign' e to bring action in his own name 5, p. 4330, § 2G51 by statute assignee has comijlete control of judgment as-signed to him 5, p. 4330, § 2G51 at law assignment must be of thing which, at time, has actual, potential existence 5, p. 4330, § 2G52 equity will support assignments of contingei\t interests and expectations, and of things which have uo pri sent existence : 5, p. 4330, § 2nr)2 validity of assignment of part of demand 5, [i. 4333, § 2G53 assignment without consideration of wife's choses in action does not take away rights of wife 2, p. 1 .341 , § 73.'» impliedpowerof attorney to make assignment of claims.. 1, p. 252, § 170 implied powers of corporations to make an assignment of effects for payment of debts 1, p. 65 1, § 3S7 implied power of agent to make assignment 1, p. 103, ^ 07 directors have power to make assignment of the bank's property for creditors 2, p. 893, § 520 6380 ASSIGNMENT — ASSIGNMENTS FOR CREDITORS. Assignment (('(nitiimed.) iiiipliod jxiwer of bank to mtike an assignment of pro|ierty for creditors 3, p. 850, § 511 assij^nnientof ])atent 4, p. '2>>~l, § It»G7 jmtont, wlitii i.shiieil to assignee of inventor 4, j). '2S70, § IGOo assignnicntd and couveyanco of trade-mark 4, p. 2S:>7 to2SG0, § lfi43 of copyri^'lit, requisites of 4, p. 2S27, § 1G32 Assignments for Benefit of Creditors. at comnioa law debtor miy as^^ign iiis property to crcilitors ratably, or to trustee, to payment of all bis debts 4, p. 3.1S3, § 19S5 deed of trust not void bcfauso intended to prevent certaili creditors from getting priority by obtaining judg- ment liens 4, p. 33S3, § 19S3 must bo mailo strictly in accordance witli statute allowing assignments for ben( lit of creditors 4, p. 33S3, § 19S3 assignment for buMietit of creditors must be made by an insolvent 4, p. 33S3, § 1085 conveyance to asvgnse and declaration of trust< may be by separate instruments 4, p. 33S3, § 19JS5 second assignment may bo made to euro illegal provision in former oio 4, p. 33S3, § 19S5 implied power of c^u'poratiou to make assignment for bene- fit of creditors 4, p. 33S1, § 19S3 implied power of partner to make assignment for benelit of creditors 4, p. 33S4, § 19S3 assignment for benelit of creditors may be made ])y assinu- or's agent 4, p. 3384, § 19S3 assignment not invalid because of neglect of assignej to dis- charge his duties 4, p. .33% § 19S5 partial assignment valid 4, p. '.'■'ASi, § 19S.5 on assignment by mortgagor, mortgagee entitled to share with unsecured creditors 4, p. 33S4, § 19S5 repudiating creditors not entitled to benefits of assign- ment 4, p. .3384, § 1985 assigment void when intended to hinder, delay or defraud creditors 4, p. 3384, § 19SG or when creditor has reasonable cause to believe debtor to be insolvent 4, p. 3384, § 1980 validity of assignment giving ijreference t^ certain credi- tors 4, p. 338G, § 1987 assignment reserving benelits to debtiT invalid 4, p. 3387, § 1988 deed should show on its face that it conveys all debtor's property 4, p. 3388, § 1983 reservation of property not conveyed does not vitiate as- signment 4, p. 3388, § 1983 ASSIGNMENTS FOR CREDITORS — ASSUMPSIT. C3S1 Assignments for Benefit of Creditors-(Continued.) aasigiunent not avoided by debtor's retaining property speci- fied in instrument as being as^signed , 4, p. 33S8, § 19SS; 4, p. 3302. § 1901 assignment exacting release from creditor invalid 4, p. 3:{>,8, § lOSO in some states such provision valid 4, p. 3;jsu, § I'Ji'j if assigiimunt roquires release creditor cannot give condi- tional release 4, p. 33S0. § 19SJ other provisions held illegal and to avoid the assign- .4, p. 33S9, §1990 ment. Circumstances raising and not raising presumption of fraud or bad fuith in making assignment for beneHt of credit- . .°" 4, p. 3302, § 1001 provisions in assignment held valid 4, p. 331)^ § lyyj secret agreement to pay creditor in full if he will consent to assignment void 4^ p. 3.^97^ § j j^j^g who may avoitl fraudulent assignment 4, p. 3397. § \\\ij^ assent of creditors, when requisite 4, p. 33<)8, § 1995 what property does and does not pass to assignee 4, p. 3399, § 190G; 4, p. 3401, § 1997 right of assignee to set aside fraudulent conveyances of ""^'S'lor 4, p. 3399, § 1996; 4, p. 3401. § 1907 deed may be in any form of words 4, p. 3403, § 199^ statutory assignment must he in statutory form 4, p. 3403^ § 1993 when sciioduli) requisite; effect of defe^jts in schedule. .4, p. 340;{, § 1993 asigninent may be acknowledged without the state. . .4, {». 3404, § 1998 delivery of possession of personalty necessary 4, p. 3404, § 1999 assignee may refuse to act; no formal acceptance necessary, 4, p. 340.J, § 2000 creditors without notice of deed entitled to its benefits.4, p. 340.), § 2000 after accepting assignee cannot renounce trust 4, p. 34(;C, § 2000 who may be assignee 4^ p. 3400, § oqqq authority, powers, and liability of assignee 4, p. 340G, § 2000 the a.s.signee's bond 4'^ p. 3407^ § 2u01 See Sl'ritysmip and Guauanty. assignment is not revocable by debtor 4, p. 340S, § 2002 bankruptcy of debtor revokes assignment 4, p. .34OS, §2002 revocation of assignment to correct error permitted 4, p. 3408, § 2002 effect of bankruptcy law upon assignment for beuelit of creditors 4 Associations. See Benkkit SocrETrEs; BpiLmvo a\d Loan- AssoriATioNS- Charitable A.ssouiation'S; CJluus; Religious Socie- ties; VOLUNTAEY ASSOCIATIONS. Assumpsit. See Payment 3; Pleading and Practice, 19 (a). action of assumpsit detined 7 p_ 5733 § 3Q33 Lawsox R. & U.— 447. ' " ' p. 3409, § 2003 63S2 ASSUMPSIT — ATTACIlilEXT. Assumpsit -(Continued.) exprt'88 and implied assumpsit; 7, p. r>73;5, § 30S9 di.itiiiyuishfil fioiu action of debt 7, p. Culli, § 3(>89 di.stinj,'uislied from action of covenant 7, p. 'ulU, § 30S9 the "ooinnion counts" ill iissiiniiisit dcsciil'cd 7, p. oT.'U, § .'{l5S9 general assumpsit, wliat is 7, p. 5735, § "(500 speeiiii assumpsit, what is 7, p. 5735, § 3G20 in wli;it cases will acti(m of assumpsit lio 7, p. 57-'(i, § 30!)1 in what cases will action of assumiisit not lio 7, p. 571 i, § 3(i02 rij^lit to elect, between assumpsit ami toi t 7, p. 5752, § 3G1)4 savings bank liable in assumi)sib for refusal to rci)ay deposit 2, p. 879, § 514 assumpsit not maintainable by ward au'tnit gnariliin. .2, p. IGOG, § 8S3 when a dividend declared, evch stociiholder lias ri^dit to bo paid his share, which he may recover by assumpsit against the corporation 1, p. 782, § 474 Assumption. of mortgage, see Mortgage, 5. Attachment. 1. Natuue of Actiok. 2. WiiEN' Attachment will Lie. 3. The Affidavit. 4. The Bond. See Suretyship and Guaranty. 5. The Writ and Levy. 6. Di.ssolution of Attachment. 1. Nature of Adion. attachment defined; domestic attachment; foreign attach- ment 7, p. .'5474, § 3493 equity has no jurisdiction in attaclimeut proceedings . .7, p. 5175, § .3409 suit is personal in form, but is also in rnn 7, p. 5475, § 3500 writ of attachment is preceded or accompanied by personal summons 7, 5475, § 3500 judgment in attaclunent suit binds only property attached, although judgment may, in form, be !n ppr/C,' s .'JDUO coustniution of terms used to .Icscrilie tlic demands for wiiiuli attaciimeut will lie under tho dilTereut statutes.. „,.... 7, p. 5481, § 3507 action arising in contract "—"contract for payment or re- covery of money "— '■ contract express or implied "— "dcljt "— "deljt;or.lemnnd"— " in.lebted "-"injury to the property of another"— " necessaries "—"money demand-j "— " obliyiition for the payment of money " — "lecuvery of m(mey "— " written instrument for the direct payment of money " 7, pp. 5-tSl to .'i^S t, § SoO? •^"^'V^''"' 7,p.5484.§.3.'^03 suit by one partner against anotluT 7, p. 5485, § .3509 creditors holdiLg ec^ljatc ral security 7' p] m^,;' g 3'-,^ who m.ay bring attachment 7', p". 54s,;| § 3,-, , j ty^7'-: : l.P- 282, § 170 xiabiiity of persons in representative capacities -coipora- tions- infants— females 7. p. 54P7 § 3,^10 the grounds of attachment 7, p. 5487] § 3513 absent debtors 7, p. 5488, § .3514 absconding debtors 7, p. .54S!), § .3.515 debtors concealing or secreting themselves 7, p 5400 § 3516 non-resident debtors 7, p. 54f.l,' § 3.117 removing property from state 7, p. 54(14^ § 3.5, 3 concealing or disposing of property 7'^ p. 54()r,[ § 3519 debt fraudulently contracted ..7,' p.' 541)7,' § 3520 other special grounds in some states. 7, p. 5493] § 3521 unassig.ied dower interest not subject to attachment. ..2' p. 1423] § 776 where membership in association is of pecuniary value, can- mi ^J'''^^^^^^^''^^^ 2,p. 10G9,§ 598 i. I he AJjulavtt, affidavit required to give court jurisdiction 7, p. 5500, § 3522 if affidavit defective, or there is no affidavit, subsequent pro- ceedings are void 7^ p, 5590^ g 3500 one affidavit only necessary for several attachments. . .7, p. 5501, § 3522 affidavit may take place of complaint 7, p. 5501, § 3522 who may make affidavit; form of affidavit when made 'by other than plaintifT 7, p. 5501, § 3523 before whom may affidavit be taken 7, p. 5502, § 3524 requisites of affidavit as to form 7] p, 5599^ § 3595 where writ issues on affidavit alone, officer's duty is only '"^"''*^"''l 7. p. 5503, § 3526 6384 ATTACHMENT. Attachment— (Continued. ) wlicio cxiatcnce of ^jroumls arc to bo proved by ii.irty, odi- ccr's duty is ju.licial 7, p. S.IOH, § 3"27 what aflidavit iiiti.st h)ii»v 7, ]>. r>JCi4, § 'io'IS aflidavit must follow strictly tlie grounds eiiccified in btut- uto 7, p. ConO, §r..V29 affidavit on "kiiowk'dge." "iiiformatioii," or "beliuf"..7, p. 5.JU8, § 3r>30 debtor "about" to do ccrtaiu act— Construction cf " about" 7, p. 550!), § r53l several grounds may be allo.;cd in one affidavit 7, p. 5.' 10, § 3.1'{2 grounds niuat not bo stated in alternative 7, p. 5J10, § 3.J33 where disjunctive " or" is used, not to connect two distinct facts of dilTerent natures, atlidavi g^od 7, p. O.jIO, § 3."(n3 affidavit must not bo uncertain 7, p. no 1 1 , ii 3.'>:!4 at what time ailidavit to be made and filed 7, p. 5.' 1 2, § ',]'>'.i5 how objection that affidavit insullioieut raised 7, p. 5512, § 3.")30 waiver of defects in afh^iavit or proccis 7, p. 5512, § 3537 defective affidavit may bo amended 7, p. 5513, § 3533 4. The Ihmd. See SuuETYsuir and GuARAX'ry. 6. The Writ and Levy. power of officer comes from writ 7, p. 5525, § 3552 who is dis(|ualified to execute writ 7, p. 55'J5, § 3552 who must execute writ 7, p. 552f), § 3552 how long does officer's authority continue 7, p. 552(), § 3552 attachment issued before summons void 7, p. 55JG, § 3552 writ must show return day and p'acc 7, p. 552(), § 3552 a//7e/-wherewrongfullyi3sued, if courthas juiiul;ction..7, p. 552ti, § 3552 witnessed by officer not having jurisilicliuu void and no pro- tection to person issuing it 7, p. 5520, § 3552 liability of plaintiff in writs for acts of officer 7, p. 5527, § 3552 requisites of writ as to form 7, p. 5527, § 3553 in what cases may writs be amended 7, p. 5528, § 3553 right of officer to demand indemnity 7, p. 552 •!, § 3554 duty of officer in making levy 7, p. 552!), § 3555 levy by fraudulent or unlawful nic:in.. void 7, p. 5531, § 355G property not liable to attachiueui; property of third per- son , 7, p. 5531, § 3557 confusion of jiroperty — jtroperty of defendant mixed vith another's liable to attachment 7, p. 5532, § 355S officer may break into etore; but not into dwelling- house 7, p. E533, §3559 method of making levy 7, !>. 5533, § 3500 oificcr must make n turn; reipiisites of 7, p. 553S, § 3501 officer's return conclusive against him 7, p. 55-10, § 35j2 officer's return may be amended when 7, p. 5540, § 35G3 lien dates from levy , ... .7, p. 5541, § 35(54 levy not a satisfaction; docs not change ownership .... 7, p. 5542, § 35o5 , § 3.->.-.9 § 3.-.G0 , § .V,6l § 3532 § 3r)(!3 § 3:)(;4 § 3oo5 ATTACHMENT— ATTORNEY AND CLIENT. 6385 Attachment— (rontiniied.) licii lUistnij'cd only l»y dissnlntion of nttaohmpnt 7, p. R.'H, § 35IJ6 ri^lit of attiiuhin^ creditor to uut uniilu fr:iiidulciit coiivey- aiico 7, p. n.-) 14, § 3r)07 extent of attaclimeiit as to .vniount 7, p. 5J4.'), § 35118 attaclunciit not eoiisiimniiili,d until judj^nient; judgment for defendant dissolves it 7, p. C54.'), § 3509 precedence of attaclunent over executions and encum- brances 7,1). r)r)46, § 3r)70 Buccessive attachments on same property 7, p. H'AH, S 3571 attachment of real estate 7, p. rM.'A), § 3572 attaclunent of personal property; what interests and kinds may bo attached 7, p. 5."51 , § 3573 attached ^oods cannot ho taken by another ofilcer 7, p. 5551, S 3574 rights of junior attaciiing creditor to set aside attach- ment 7, p. .'>r)n2, §3575 fraudulent attachment; rights of creditors 7, p. 5."i5'2, § 3576 officer must hold property or lien is lost 7, p. 5553, § 3577 possession of officer need not be personal 7, p. 5553, § 3577 no right to remove it from jurisdiction 7, p. 5554, § 3577 when sale of "peiisliable property" levied on, permit- ted 7, p. 5554, § 3577 officer liable as trustee of property 7, p. 5525, § 3578 forthcoming bond to olRjur; riglits and liabilities there- under 7, p. 555(), § 3579 attorney personally liable for malicious attachment 1, p. 258, § 155 transfer of stock by delivery of oertiticates good against at- taching creditor of transferrer. li p- 770, § 404 6. Disnoliitlon of Attaclunent. by giving bond 7, p. 55n0, § 35S0 by payment of judgment 7, p. 55153, § 35S0 by showing that grounds alleged do not exist 7, p 55i)3, § 3581 by repeal of statute authorizing it 7, p. 55(i4, § 3582 by judgment for defendant 7, p. 55t!4, § 3583 by defects and irregularities in proceedings 7. p. 55(i5, § 3584 by altering process or changing demand 7, p. 55(i5, § 3585 referring claims to arbitration 7. i>. 55f)(>, g 3586 by death of defendant 7, l>. 5507, § 3587 by bankruptcy of defendant 7, p. 5507, § 3588 after dissolution of attachment, officer must deliver property to defendant 7, p. 5507, §3589 Attorney. lien of, see Liens, 2. Attorney and Client. 1. Admission and Removat, of Attorneys. 2. PlUVlLEGES AND DISABILITIES OF AtT()11NET3. 3. Liability of Attokney to Tiiiud Peusons. I 6386 ATTORNEY AND CLIENT, Attorney and Client— (Continued.) 4. autilokity and powkrh of axtornkt, 6. Tekmination of Authority. 6. Ratification. 7. LiALiLiTY OF Attorney to Client. 8. Liability of Client to Attorney. 9. MiSCELLANEODS. 1, Admission and Removal of Attorneys. attorney and attorney-at-law defined 1, p. 205, office of attorney not known in justices' courts 1, p. 205, nor in New York surrogate court 1, p. 205, license essential to right to practice 1, p. 206, granted by highest court gives right in all inferior courts, 1, p. 206, Btatute making diploma of law school conclusive evidence of quahfkation, valid 1, p. 206, statute admitting to practice every person of good moral character invalid 1, p. 206, unlicensed attorney cannot sue for fees, nor firm of which he is a member 1, p. 206, but that attorney is not qualified does not void the pro- ceedings 1, p. 208, acts of lawyer, de facto valid 1, p. 207 n, term of office is for life during good behavior 1, p. 206, order of admission an adjudication of "good moral character " 1, p. 207, decision of court as to qualifications not revVvable on appeal 1, p. 207, mandamus will not lie to compel his admission 1, p. 207, attorney cannot be enrolled nunc pro tunc 1, p. 207, attorney of another state may be required to pass exam- ination 1, p. 207, rule requiring service as clerk with practicing at- torney 1, p. 207, right to practice does not depend on United States citizen- ship 1, p. 208, license not a " contract " 1, p. 208, subject to be taxed by state 1, p. 209, attorri'iy does not hold " office of trust, civil or military 1, p. 208, is not an ' ' oflicer " or a " public officer " 1, p. 208, cannot be excluded from practice for past miscon- duct 1, p. 208, who not eligible to be attorney — women 1, p. 208, non-residents 1, p. 208, aliens 1, p. 208, judges 1, p. 208, 126 126 126 127 § 127 § 127 § 127 § 127 § 123 § 127 § 127 § 127 § 127 § 127 § 127 § 127 § 127 § 127 § 128 § 128 § 128 § 128 § 128 § 127 § 127 § 127 § 127 ATTORNEY AND CLIENT. 6387 Attorney and Client— (CVjntinued.) master in chancery 1, p. 208, § 127 clerk of court 1^ p, 208, § 127 power of court to disbar attorneys 1. p. 201), § 129 power inherent in court— statute authority not neces- sary 1,1,. 210, § 129 attorney disbarred from one court cannot practice in an- other 1, p. 21], § 129 proceedings cannot be dismissed on motionof accus')d.. 1, p. 211, § 129 attorney may be removed at hii own request 1, p. 211 , § 129 what causes are good ground for disbarment 1, p. 212, § l.SO ■what causes are not good ground for disbarment 1, p. 215, § I'M court may suspend from practice for a term 1, p. 2 1 9, § l.']2 previous conviction not necessary 1, p. 221, § 133 withdrawal of criminal charge against attorney by client does not prevent his disbarment 1, p. 222, § 133 practice in disbarment proceedings 1, p. 222, § 134 evidenc3 in disbarment proceedings 1, p. 224, § 134 jury trial not of right 1, p. 221, § 134 judgment in disbarment proceedings 1, p. 225, § 134 appeal does not lie when 1, p. 225, § 134 proceeding barred by lajjse of time 1, p. 225, § 134 mandamus will lie to restore attorney improperly dis- barred 1, p. 225, § 135 attorney, after disbarment, may be readmitted 1, p. 225, § 136 pardon does not restore attorney to office 1, p. 22G, § 136 conditions precedent to readnii.ssion 1, p. 220, § 136 attorney liable for costs of disbarment proceedings in- stituted in bad faith 1, p. 254, § 153 2. Privileges and Disabilities of Attorneys. right of attorney to visit his client in person 1, p. 227 n, § 137 attorney privileged from arrest when 1, p. 227, § 133 privilege of suing or being sued in Lis own court obso- lete 1, p. 223, § 139 attorney exempt from serving as juror 1, p. 22S, § 140 or as overseer of poor. 1, p. 228, § 140 or supervisor of public roads ,1, p, 228, § 140 not exempt from military duty 1, p. 228 § 140 exemption from responsibility for words Sjjoken in judicial proceedings 1, p. 228, § 141 privilege is personal — subsequent publication not privi- leged l,p. 231,§ 141 attorney bound to defend destitute person without charge 1, p. 231, § 142 attorney cannot act in diverse capacities 1, pp. 231-233, § 143 or on both sides of case 1, pp. 233-235, § 144 attorney prohibited from purchasing demand in suit. . . 1, p. 235, § 145 6388 ATTORNEY AND CLIENT. 146 143 143 148 149 149 149 150 150 150 151 152 Attorney and Client— (Continued.) coinimiiiicatious between attorney and client, when privi- leged 1, p. 236, § disability of attorney to become surety for client 1, p. 250, § but act of attorney not void though prohibited by stat- ute 1, p. 251 M, § liability of attorney in obtaining bail for client 1, p. 251, § attorney in cause not disqualified as witness 1, p. 251, § nor counsel who conducts case in court 1, p. 251, § ri^'ht of attorney called as witness to fees as such 1, p. 251 n, § 3. Liabiidy of Allorncy to Third Person. members of firm liable for acts of each other 1, p. 252, § attorney liable for paying over money after notice 1, p. 2')3, § not liable for acts done in good faith for client 1, p. 253, § attorney liable for acting for party without authority. .1, p. 2).'}, § liability to third persons on implied contract 1, p. 253, § liable for work done in cause by third person at his own request 1, p. 253, § 152 for money advanced by third person to prosecute action, 1, p. 253, § 152 not liable for charges of person employed to examine books 1, p. 251, liability of attorney for fees and costs in suit 1, p. 254, liability of attorney for trespass 1, p liability of attorney for malicious prosecution 1, p. 258, § 155; 3, p. 1893, § not liable for having mistaken his remedy 1, p. liable for conspiring with arbitrat irs to obtain unjust award, l.P. not chargeable with client's evil motives 1, p. 4. Aul/iorit;/ and Power i^ o/ Alturnoj. authority of attorney evidenced by retainer 1, p. 2f)0, § 15(5; p. 333, retainer may be oral 1, p. 2G1, ^ 15(); p. .'5,'>4, or may be implied 1, p. 202, § ISG; p. 334, case cannot be dismissed witliout consent of attorney. . 1, p. 2(i2, rights and statua of amicus ciiriw 1, p. 2(12, authority of attorney to appear presumed 1, p. 2(i3, cannot be questioned by opposite party 1, p. 2()3, § party cannot appear both by himself and Ijy attorney . .1, p. 203, § court may order authority to be produced 1, p. 2G4, § but opposite party must show cause before rule will issue 1, p. 2C4, § authority of attorney not objected to in lower cannot be inquired into in appellate court 1, p. 2G5, § cannot be made after the term at which appearance first made 1, p. 265, § 256, § 257, § 258, § 259, § 152 153 154 1008 154 154 155 202 202 202 15G 156 157 157 157 153 158 153 158 ATTORNEY AKD CLIENT. 6389 Attorney and Client— (Continued.) motion for rule on pi ,intiff to file warrant of attorney must b& made before plea l p. appearance for several defendants 1, p. appearance by attorney binds party though unauthorized.!, p. attorney cannot delegate hisauthority 1, p. 2SG, § 171; p, has no authoiity to employ associate counsel 1, p. 2S6, §171; p. wife of attorney has no authority to receive payment for li'"" l,p. by death of attorney, powers of substitute cease 1, p. agreement to turn over to another notes which he has in his hands for collection invalid 1, p. implied powers of partners in legal partnerships 3, p. partners have not powers of mercantile partners 1, p. no power to issue negotiable paper 1, p. or to bind firm by promise to indemnify officer 1, p. client entitled to services of each partner 1, p. each partner liable for negligence of others 1, p. one member of firm may sue for demand due firm 1, p. but there may be set-off against firm 1, p. clerk may represent lawyer in ordinary business of office t _, • ■•••••.■.•.••a,,.,, ij JJ, clerk not prohibited from commencing business himself, and acting against master's former clients 1, p. clerk has no authority to discontinue action 1, p. clerk cannot bind client by discharge without satisl'ac- . . t^»" l,p. implied powers of attorney to bind client by his agree- ments ... I p client bound by all acts of attorney within scope of au- thority 1 p_ by stipulations of attorney made before suit entered. 1, p. granting time to file papers It,. temijorary absence of attorney does not affect his author- ity l,p. implied power of attorney l, pp. 278, to make admissions In ....x, p. to make affidavits 1 p. to alter securities j p to appeal 1 _ pp 280, to submit to arbitration j^ p. to order an arrest In •-••••..*, p. to make assignment of claims 1, p. to issue attachment 1 p. to make compromise 1, pp. 2S2 to agree to a continuance 1, p. 279, § 170; p. 2G5, § 153 200. § 159 2(;7, § 160 208, § 101 208, § 101 209, § 101 269, § 161 209, § 161 1217, § 046 270, § 162 270, § 162 271, § 162 271, § 162 271, § 162 271, § 162 271, § 162 272, § 163 272, § 163 272, S 163 272, § 163 278, § 160 278, § 169 279, § 169 279, § 169 270, § 169 279, § 169 280, § 170 280, § 170 280, § 170 281, § 170 281, § 170 281, § 170 282, § 170 282, § 170 285, § 171 285. § 171 6390 ATTORNEY AND CLIENT. Attorney and Client— (Continued.) to contract 1, P- 2S5, to give a discharge. 1, p. 2S5, to agree to a discontinuance 1, p. 285, to employ counsel 1, p. 2GS, § 161; p. 286, 286, 286, 286, 286, to hring writ of error l* p. to execute bunds !> P' to issue or stay execution 1, p, to give guaranty 1, p to coufe s judgment 1> PP- ''^^'i 287, to receive payment 1, pp. 288-289, to issue process 1, p. 200, to purcliase , 1, P- 290, to give release 1, p. 290, to stll client's property 1, p. 290, to agree to set-off 1, p. 291 , to sue 1, p. 271, § 162; p. 291, to be;;in supplementary proceedings 1, p. 291, to waive client's rights 1, 2>. 291, extent of authority of attorney as to time 1, p. 293, Tcrmiiiatioit of Authority. by dissolution of partnership 1, p. 272, § does not affect engagements already made 1, p. 272, § by act of parties 1, p. 273, § client may revoke authority at any time 1, p. 273, § but not without first paying attorney's charges .... 1, p. 273, § notii.e to third parties essential 1, p. 273, § attorney may withdraw at any time on giving notice . . 1, p. 274, § employment of counsel by client with whom attorney could not co-operate, for personal reasons, good ground for attorney's withdrawal 1, p. 27 n, § 165 that client refuses to pay an outside demand not good ground for withdrawal 1, p. transferring lase to another attorney a withdrawal. ..1, p. by termination of suit •!) p. attorney's authority ceases with entry of judgment by death 1, p, authority of attorney revoked by death of client 1, p. no authoritj-, witht)ut new retainer, to appear for client's executor or administrator 1, p. 277, § 167 where party dies after verdict, attorney can neither give nor receive notice of motion for new trial or of ap- peal 1, p. 277, § authiirity determined by death of attorney 1, p. 277, § or by death of one member of llrm 1, p. 277, § authority determined by removal or suspension of attorney from office 1, p. 277, § 168 171 171 171 171 171 171 171 171 172 172 173 173 173 173 173 173 173 173 174 164 164 165 165 165 165 165 27r), 276, 276, 277, 277, 165 165 166 167 167 167 167 167 171 171 171 171 171 171 171 171 172 172 173 173 173 173 173 173 173 173 174 164 164 165 165 165 165 165 ATTORNEY AND CLIENT. Q'^Ql Attorney and Client -(Continued.) by ceasing to act as au attorney j^ p 27S S by removal from state l, p. 2*70] § 165;' p. 278', § I'ywar 1 n 27S 8 6. Hati/ication. ' ^' '^ client may ratify unauthorized acta of attorney 1, p. 294, § ratification must be made with full knowledge of facts..!, p. 294,' § 1. Liability of Attorney to Client. dealings between attorney and client closely scrutinized..!, p. 296, § must 1)6 fair and equitable, to be supported !, p, 297,' § not allowed to purchase subjeotmatter of suit— client may set aside such purchase on discovering it. . . .!, p. 297, § nor can he purchase from client or take gifts from him. . !* p. 297^ § attorney must render accounts to client l] p. 297,' § liableforlosswherehemixesclient'smoneywithhisown.!, p. 2!)7i § duty to notify client of collection of money 1, p. 298,' § duty to pay over money to client i\j, 29s] § demand necessary by client before action against attor- ney for money in liis hands i_ p 299, § when demand not necessary 1^ „ ocjg s attorney liable as garnishee of client when 1, p. SOO, § attorney liable for client's money deposited in bank in his °^^'" na'ne !, p. 300, § attorney liable for gross negligence in his client's afTairs...!, p. 301, § degree of skill required of attorney !, pp. 301-303, § negligence a question of fact l, p. 303' § liability for mistakes of law 1, pp. 303, 304, § liability for mistakes in drawing papers— pleadin<.'s. . .!, p. 305, § liability for mistakes in prosecution of suit 1, pp. 306-3(8, § liability for mistakes in giving advice !, jip. 308, 309, § measure of damages 1 p gQg ^ attorney must follow instructions of client 1, pp. 309, 3Ui § liability of attorney for mistakes or frauds of agents or associates 1, pp. 310, 311, § liability of attorney for acting without authority !, p. 31 1, § liability of attorney for acting in excess of authority !, p. 31 1, § attorney not liable for matters outside profession !, p. ZV2, § remedy is against attorney alone — proceedings not affected 1 p gj o s summary proceedings against attorneys 1, p. 313, § when summary proceedings will lie 1, p. 314 § for what acts summary proceedings will lie 1, p. 315, § 8. Liability of Client to Attornty. attorney and counsel may sue for services 1, p. 31 9, § must show license to practice when ....!, p. 322, § statute requirinj^ attorney to defend suit without fee "^"^'^ l.p. 322,§ 196 168 168 168 175 175 176 176 176 176 177 177 178 179 179 179 179 179 180 ISO 181 182 1S3 184 185 186 187 188 189 190 191 192 193 194 195 196 196 6292 ATTORNEY AND CLIENT. Attorney and Client— (Continued.) when member of firm of atlon.eys may sue alone 1, p. 322, § 196 attorney, in absence of contract, may recover quantuiii meruit 1, p. 323, § 197 no bar that litigation W88 unsuccessful 1, p. 3-'3, § 197 or that services were of no benefit to client 1| p- 323, § 197 when rate of attorney's compensation is fixed by statute, such amount recoveiable 1, p. 323, § 197 taxable costs are not necessarily measure of attorney's compensation 1, p. 323 n, § 197 where one attorney renders services for another, promise to pay implied 1, p. 323, § 197 attorney who is also guardian or public oflScer can recover fees when 1, p. 323, § 197 how basis of compensation arrived at in absence of con- h.n 1, p. 324, § 198 illuatn^ '. .•' "^sonable fees ,. 1, p. 326, § 198; p. 328, § 198; pp. 330, 331. value of services may b'' •^hown by opinions of experts . . 1, p. 327, rules of bar do not bind client 1. p. 330, entitled to c. "je .Uteudance, if he actually attends hearing, thou;^li Lo does not hear whole argument or take part in it 1, p. 329, that otlier counsel M'ere engaged will not deprive him of fee 1, p. 329, where several suits depoul on argument in one, charges must not be multiplied at full rate 1, p. 329, that case was disposed of on grounds not raised in argument immaterial 1, p. 329, attorney entitled to retaining fee without special con- tract 1, p. 329, demand on client for certain sum as compensation does not, if refused, restrict attorney from recovering only that sum 1, p. 329, § 199 attorney need not look to collection of demand for his fee, nor wait for it until collected 1, p. 329, § 199 entitled to retaining fee in advance 1, p. 329, § 199 not usual to charge more than one retaining fee in same case 1, p. 329, § 199 right to appearance fee depends upon contract, either express or implied 1, p. 329, § 199 attorney who is also broker not entitled to attorney's fees 1, 330, § 199 attorney employed by assignee cannot charge retainers insults 1, p. 330, § 199 attorney for executor cannot charge for answering in- quiries of creditors 1, p. 330, § 199 § § § 199 193 199 § 199 § 199 § 199 § 199 § 199 ATTORNEY AND CLIENT. 6393 Attorney and Client— (Continued.) costa are taxed according to fee-bill in existence when services rendered 1, p. 330, § 199 attorney representing junior execution on which notliing is realized from fund levied on not entitled to fees from it 1_ p. 330, § 109 attorney may deduct fees from client's funds in his hands!, p. 331, § 200 compensation out of fund in court, when allowed 1, p. 332, § 201 retainer, either express or implied, nmst be proved before recovery for services can be had 1, pp. 333-338, § 202 also that services were rendered 1, p. 338, § 203 retainer to conduct suit does not give authority to a])peal to higher court 1, p. 330, § 204 when attorney cannot recover compensation for services. 1, p. 340, § 205 •where services were useless because of his fraud or ne-li- genco 1, p. 340, § 205 fraud or unfaithfulness in one matter will not deprive him of right to compensation for other services. .1, p. 342, § 205 act of impropriety or neglect, if condoned, will not de- feat right to recover for retainer and services 1, p. 342, § 205 where he refuses or neglects to pay over money col- lected 1, p. 340 § 00.-, where services were illegal or immoral 1, p. 343, § 205 where services were absolutely useless 1, p. 343, § 205 where rendered in litigation about officers' fees wliich grew out of the suit. 1, p. 3t3, § 205 where he has violated his instructions 1, p. 343, § 205 attorney may make express contract for compensation even where fees are regulated by law 1, p. 344, § 206 special contracts for compensation must be fair and just.l, p. 344, § 2UG quantum meruit not recoverable where speci.il contract has been made 1, p. 315, § oqg power of court to refcjrm contracts between attorney and client 1, p. 345, § 206 contract for contingent fee valid 1. P- 344 n, § 20(); p. 3-15, § 2(,G; p. 310, § 20G illustrations of contracts for compensation sustained by courts 1, p. 343^ § 097 illustiations of contracts for compensation not sustained l)y courts 1, p. 349, § 033 where service is interrupted before its completion, attorney may recover the value thereof 1, p. 350, § 209 where attorney becomes incapable of acting further by being elected judge, he may recover for what he has al- ready done 1, p. 330, § 200 note given for fee may be collected thoiigli cause be comjiro- J^ised 1, p, 3j0, § 209 C394 ATTORNEY AND CLIENT — AUCTIONS. Attorney and Client— (Continued.) wlicre attorney dies btforo tlie cause determined, adminis- trator may recover tjuaiitmu meruit 1, p. 350, § 209 where note is given to atturni'y for fee, death of maker at hands of mol) befon' trial, constitutes partial failuro of consider.ition 1, p. 330, § 209 by withdrawal from case by consent af client, attorney does not forfeit his f.jes . 1, p. 3')!, § 210 aliler, where he abandons case without consent 1, p. 3Jl, § 210 client refusing funds to carry on litigation justifies with- drawal 1, p. 351, § 210 attorney dismissed by client without cause entitled to fees 1, p. 351, § 211 client cannot, by employment of additional counsel, reduce the amount of compensation 1. P- 352, 211 if fees are contingent on success, and client settles suit with- out attorney's consent, attorney can recover what serv- ices worth 1, p. 352, § 211 9. Mhrellnvcoiis. implied power of agent to employ counsel 1, p. 104 § 63 notice to attorney, when notice to client 5, p. 3S33, § 22S0 liability of bank for failure of attorney to recover on note in its hands for collection 2, p. 870, § 512 negotiability of notes with stipulations for payment of attor- ney fees if not p.tid at maturity, or if suit instituted upon them 4, p. 2C00, § 14G3 statute allowing attorney's fees on actions against railroads for injuries to stock, constitutional 3, p. 2544, § 1418 slanders on attorneys, when actionable 3, p. 2244, § 12.14 libels on lawyers, when actiimable 3, p. 22S'2, § 1273 advice of counsel as a defense 3, pp. ISSO to 1SS7, § 1096 Attornment. See Landlord and Tenant, 5. Auctions. See Trusts and Trustees, 2. Lien of auctionpcr, see Liens. 1. Nature and Effect of Sales at Auction. 2. Dl'ties and Powers of Auctionber. 3. Liabilities of Auctioneer. 4. IviGiiTS and Liabilities of Bidders. 5. The Auctioneer's Compensation. L Nature and Efuds of Sales at Auction. (See also, 3.) auction defined 1, p. 336, § 212 elTect of advertising auction, " without reserve " 1, p. 333, § 212; 1, p. 371 § 2)8 bid may be retracted by bidder when 1, p. 356, § 212 bid may be withdrawn by auctioneer when 1, p. 356, § 212 AUCTIONS. 6395 Auctions — (Continued). uliuct of variance from description of property 1, p, 357, § 212 advertisement is no part of conditions of gale, and does not bind vendor unless expressly made so 1, p. 358, § 212 efTcct of conditions of sale advertised or stated by auctioneer 1, p. 358, § 212 evidence, when admissible to vary conditions of sale by auction 1, p. ."^aS, § 212 specific performance of sale by aiK tion may be decreed. 1, p. 358, § 212 action lies for disturbance of sale by auction 1, p. 35c>, § 212 a sale of a number of articles or pieces of property constitutes but one contract, though separately struck oft' at different prices 1, p. 359, § 212 lease of real estate for five years, by auction, to highest bidder is not " sale of real estate " 1, p. 359, § 212 bidder may repudiate bid if auctioneer refuses to disclose prill' ipal 1, p. 370 «, § 21S; 1, p. 374, § 219 one who sells his own goods at public auction, as well as one who sells another's, is an auctioneer 7, p. G2G2, § 3993 implied jtower of agent to sell at auction 1, p. 103, § G7 agent selling at auction may bid for third person 1, p. 140, § 93 2. Duties and Poicers AUCTIONS. Auctions— (Continned. ) auctidncer is a^iiiit f(>'.•, ;? 217 Lis authority ceases when sale made 1) p. 309, § 217 has no authority to rescind the contract 1, p. SGt), § 217 3. LiahiliUci of A uctioiieer, personally liable where he does not disclose his princi^ial 1, p. 370, §218; 1, p. 371, § 218 for state's charges 1, p. 370, § 218 when he sella for less sum than ordered 1, pp. 370, 372, § 213 auctioneer innocently selling stolen goods liable to true owner, even where proceeds have been paid over to thief without notice of the felony 1, pp. 370, 372, § 213 auctioneer who sells goods wliich are claimed by a third per- ion liable to him if he pay over the proceeds after notice 1, p]). 370, 372, § 218 claimant must prove properly in goods; not suHicient that ho delivered them to auctioneer 1, p. 371, § 218 auctioneer not liable to action for not Eclling goods on day advertised by him 1, p, 372, § 21S auctioneer who sells property of estate under order of court, and receives price, not depositary for purchaser. . 1, p. 371, § 218 liability of aucti"neer who advertises sale "without re- serve," 1, p. 371, § 213 sheriff, selling property at auction, not obliged to attend to bid of insulliuient jiurchaser 1, p. 372, § 21S 4. Hii/hts and IJuhUitk's of li'uUhrs. (See also 1.) one bidding without disclosing agency, personally liable as purchaser 1, p. 373, § 219 of one who stands by and allows his name to be put down as purchaser, though he did not bid 1, p. 373, § 219 bidder of a "choice" from a lot must make his election at once 1, p. 373, § 219 ■where purchaser does not comply with the conditions and property is resold, he is liable for deficiency 1, p. 373, § 21 9 A AUCTIONS. C397 Auctions— (rontinucfl.) or biiklcr may be sued for price wiLhout tender of goods ., , , . ^'V- 371, § mistake l>y mict'Dnccr in entering vendor's name M-ill be cor- rected in equity 1, p. 37.1^ § by being knocked down to bidder, II10 jiroperty docs not vest if iiiglier bid was made and recognized, and sale was reopened 1^ p. 37.1^ § anctioneiT should reopen siilo when it is aflirmcd and ho has good reason to belie tint there was higher bid •"•"^'le l.p. S71,§ lidder to whom land is knocked down not bound to pay pnrehaae-Tnoney and accept deed tendered, and leave seller to clear up defects in title afterward with aid of purchase numey 1, p. 374^ § defect of title to tnc lot does not affect sale of another ^"* l,p. 37.1,§ illegal to concert with auctioneer a private signal denoting ^''^ l.p. 375,§ raising price by ficti'ions bids rr " pnCTeib" il!eg:il 1, p. 378, § bidders and puifcrs at judicial sales 3, p. ICd,"], § not illegal to place " u^isct price" on article 1, jj. 3S1, § nor to prevent sacriHcc of proprrty 1, p. 3t,:2, § Bale when fictitious bidders employed not set aside when the purchaser has acquiesced 1, p. SS2, § nnd hpio of time may prevent rescission 1, p, 5S2, % purch.isor must return property when fraud discov- "■<=^^ 1, p. SS2, § pufTcr may hold property as against owner 1, p, 3S2, § a;;rcenient3 bttween parties not to bid at auction illegal. 1, p. r.S3, § but agreements" to bid for joint benefit valid 1, p. SSM, § officer Eclling pioMcrty nob boniid to accept l)id of infant at public auction 2 p, I.197 § C. The Aiirt/'onccy's Compensnllon. auctioneer entitled to usual compensation 1, p. 3S7, § entitled to be reimbursed cxpeusrs, disimrscmciits. . . 1, p. SS7, § may recover damages sustained in executing his eom- "ii^»i"n- 1, p. SS7, § £3 not eutitleil to comptusatiou where he has been guilty of negligence or fraud 1, p. 337, § may recover commission though property withdrawn before S'^'o 1 , p. CS7, § may sue pundiascr for fcc3 when payable by him by condi- tion of sale 1, p. 3S7, § no defense that purclirir,cr will not take property 1, p. GJ7, § whero he sells number of lots for ono owner severally, en- titled to distinct commission upon each sale 1, p. SS7, § Lawson R. & R.— 448. 'JID 211) 21-) 219 219 219 219 220 C13 22t) 2:20 220 230 220 220 220 220 624 221 221 'I'li 221 221 2"! 221 221 Gr.93 AUCTIONS— BAILMENTS. Auctions— (Continupd . ) Btatuto lixiiiy auutii)noer's foes doos not nr^pl}' to cxiirnscs or clisliursi.'iiiL'iitH or fxtraoriliii.iry 8i iviit'>( 1,1'. 3^8, § C21 not entitled to C()niinis.si(iiia on ft liiil nut cdMijilicd will).. 1, p. HS'^, § 'Jl'I no rij^lit to cliaryo fee far atljoiirmneut of sale 1, p. DSS, § '221 nnr m lieru ho hud uo lioeuso to acU 1, p. '666, § 1^21 Award. See AnuiTRATioN axd Award. .Scu CAnnii;n3. Bail. liaMlity of attorney in olitaining ]in\\ for cllunt 1, p. C'l, § 1-lS ru-traiut without process i-cruiilttd in the easu of Ip.iil .-uul principal 3, p. 1S29, § IOCj Bailiff. infant cannot Lo bailiff ....2, p. 1407, § S21 Bailments. See also, WAr.Eiiou.sEMAN'; Wuaufincek. 1. Oknei!ai, 1'i;tn('IIM.fs. 2. flKATl'lTDlS li.MI.MKNTS; T.OANS. C. Mutual Bknkkit Bailments; Hire of Labor, Services ob ClIATTKLS. See also Common Carriers; iNSKEErERS; Pledges; Tele* GRAril CoiirANIES. 1. General rrinciplis. bailment detiucd, illustrations of bailment;* > 4, pp. 2S0n, 2902, §§ 1C03, 1094 mutnal assent and knowledge essential 4, p. 2002, § 1(194 may be created without express ccntraet 4, p. 2903, § l(i9.j finders of goods are bailees of them 4, p. 2903, § 1G95 lessee of chattels after term ends 4, p. 290.'), § 1G95 bailments by publicofficers 4, p. 2910, § 1C97 contract must be to return identical thing 4, p. 29(5, § IGHG mutuitm, what is 4, ji. 2907, § iG98 different classes of bailments 4, p. 2910, § I G93 negligence as alfecting bailments 4, p. 2;)11, § 1G99 tortious bailee as in.surer 4, p. 2,')13, § 1700 bailee cannot dispute owner's title 4, p. 291.3, § 1701 liability may be limited by contact 4, p. 2911, §1702 liability may be enlarged by contract 4, p. 2;)14, § 1703 contributory negligence of owner 4, p. 2015, § 1704 burden of pro >f 4, p. 2917, § 1705 ■what is and is not conversion by bailee 7, p. 5G97, § 3G72 bailment of property with power tf sale cannot be dele- gated 1, p. 20, § 25 2. GrafuitoH-1 Dnilmonts; Lonm. bailments for sole benefit of bailor; gratuitous bailments. 4, p. 2920, § 170G BAILMr.NT3, 0399 Bailments— (Con tinnod.) test nf i^fivtiiiLims l):ii:inf. 'J'.l'Jt 'JDH'.', S 1 703 not li.il.Iu to muk'if iKi! gi-.ituitdus l.iilmoiit 4, p. 2'.y^^2, § 1700 li;il)ility of Imilt'u of clo.suailed has been attached by third person, or has been recovered from him by process of law 4, p. 293S, § 1715 or of animal bailed that it has died 4, p. 2938, § 1715 bailee oijliged to deliver at place where property is or at iiis dwelling 4, p. 2939, § 1716 after refusal to deliver, bailee an insurer 4, p. 2939, § 1717 not entitled to use article bailed 4, p. 2940, § 17 18 bailee entitled to reimburiiement for services 4, p. 2940, § 1719 joint bailors and joint bailees, rights and liabilities of. .4, p. 2942, § 1720 bailment for sole benefit of bailee is the gratuitous loan of a chattel 4, p. 2943, g 1721 gratuitous loan of money not a bailment 4, p. 21)43, § 1721 borrower liable for slight neglect 4, p. 2944, § 1722 not liable for loss or damage caused by inevitable accident, vii major, fire, public enemy, or robbers and thieves, 4, p. 2945, § 1723 nor for ordinary wear and tear of article or its destruction by natural causes 4, p. 2945, § 1723 may enlarge liia liability by special contract 4, p. 2945, § 1723 6400 BAILMENTS. Bailments— (Continued, ) leuder must allow borrower free enjoyment of chattel, .4, p. 2945, § 1724 must reimburse him for expense of keeping it 4, p. 2945, § 1724 must notify him of defects in chattel loaned 4, p. 2045, § 1724 either lender or borrower may sue for the property. , . .4, p. 294G, § 1724 borrower must not use property beyond term or manner of loan 4, p. 2946, §1725 nor allow it to be used by others 4, p. 2946, § 1725 must return thing (and increase) when demanded. . . .4, p. 2946, § 1725 cannot dispute bailor's title 4, p. 2947, § 1725 bailee entitled to use thing bailed 4, p. 2948, § 1725 gratiiitnis loan terminable at pie isure of bailor 4, p. 2949, § 1726 if loan was for fixed time, lender cannot arbitrarily termi- nate if to injury of borrower 4, p. 2949, § 1726 chattel loaned for a definite time, borrower should return it then, and lender may sue without demand 4, p. 2940, § 1728 3. Mutual Benrjit Bdilmcntx; Hire of Labor, Sprvices or Chattels. mutual benelit bailment; hire of labor and services on jirop- erty 4, p. 2950, § 1727 different classes of these bailments 4, p. 2950, § 1727 Bubject-matter must be a chattel 4, p. 2.)52, § 1 . 2S property must be in existence 4, ^!)53, § 1 728 there must be a reward 4, , ^51, § 1728 there must be a mutual assent 4, p. . 153, § 1723 bailee liable for ordinary negligence 4, pp. 2955-29G1, § 1729 ordinary care required of agisters liverj' stable keo[)er3, forwarders, private cari'iers, safe depositary, wharf- inger, wareliouseman, a workman, artisan, or artificer doing work or services on proj^erty 4, p. 2956, § 1729 bailees for hire not responsible for loss by fire, or by act of God, or inevitable accident, or by burglary, robbery, or theft, or a public enemy 4, p. 2931, § 1730 bntai'iii^/" when their negligence contributes to the loss. 4, p. 2932, § 1731 li.ibility of warehousemen and wharfingers in general. .4, p. 2;iU.'i, § 1732 liability of public millers 4, p. 2!tG3, § 17.32 bailee for hire may bring action for property 4,- p. 2972, § 1733 even against assignee of bailor 4, p. 2972, § 1733 action will lie for a non-feasance in a mutual-benefit bail- ment by failure of one to make or other to accept the promised bailment delivery 4, p. 2073, § 1733 right of bailee to ccinpensation for services 4, p. 2973, § 1734 when completion of services is interrupted 4, p. 2J73, § 1 735 bailee has right to undisturbed possession of thing bailed 4, p. 2n"4, § 1730 bailee is not bound to insure property in his hands 4, p. 2975, § 1730 authorized to sell live-stock left in custody, Vthose owner not found, for account when found 4, p. 2975, § 1730 1725 17.33 BAILMENTS — BANKRUPTCY. Bailments— (Continued.) bailee using priii>crty in different manner, and for other pur- poses than those designated in contract, guilty of conversion 4^ p_ bailee bound to deliver the property to bailor, or on his order 4, p. must obey directions of bailor 4, p. ■what are good excuses for non-delivery 4, p. bailee cannot dispute bailor's tide, or set up title in another 4, p. bailee may protect himself against adverse claims by bill of interpleader , 4^ p. bank is mere bailee for hire of special deposit 2, p. hiring of chattels for compensation a mutual benefit bail- ment 4, p. proof cf loan of property will not sustain action for hire cOi.i-ot of hiring need not be in writing 4, p. hirer liable for ordinary neglect whereby thing is de- stroyed 4, p. not liable for loss by fire, accident or via major. 4, p. liability of hirer of animals for injuries to them 4, p. hirer may enlarge his liability by contract 4, p. using thing beyond terms of contract makes him liable. 4, p. hirer cannot transfer chattel 4, p. hirer liable for injury to it by servant 4, p. bailor liable for letting defective thing 4, p. if owner has bailed it for speeitied time, he cannot during that time maintain trespnss for it 4, p. at expiration of time for which thing has been bailed, owner may sue 4, p. 80 if bailee violates terms of bailment by his use of chattel , 4, p, hirer may sue for chattel 4, p. hirer has exclusive right to pos.session of thing during the term 4, p. bailment may be terminated how 4, p. duty of hirer to restore chattel 4, p. duty of hirer to pay compensation 4, p. bailor must bear expenses, when 4, p. liability of hirer of wagons foi? acts of driver 1, p. hirer of team furnishing his own driver liable for driver's acts 1, p. Bank Bills. See Banks, 5, 6. Bankruptcy. See Conflict of Laws; Constitutional Law, 8. 6401 2975, §1736 2975, §1737 2975, §1737 2977, § 1737 2976, §1737 2976, §1737 916, § 525 2978, § 1738 2978, §1733 2978, §1738 2979, §1739 2979, §1739 2970, §1739 2981, §1740 298-', §1741 208:^, §1742 29S4, § 1743 2985, §1744 20SG, §1746 29S6, §1746 29SG, §1746 2986, §1746 2986, §1747 29S-J, §1745 2987, §1743 21)87, §1749 2D87, §1750 51G, § 295 512, § 294 6402 BANKRUrTCY — BANKS AND BANKING. Bankruptcy— (Continued.) jurisdiction of state court to foreclose a mortgage not affected by subsequent commencement of bankruptcy pro- ceedings against owner of equity 6, p. but mortgagor's discharge in bankruptcy prevents personal judgment against him for deficiency on foreclosure, 6. p. where the decree is against property only, no objection that mortgagor was bankrupt 6, j). bankruptcy court may give leave to mortgagee to institute proceedings against bankrupt mortgagor in state court 6, p. assignee should be party to suit instead of baukrui^t. ...6, p. Agreements in fraud of the bankruptcy laws are void. . .5, p. of principal dissolves agency Ij p. aliter as to rights which do not pass by bankruptcy. . 1, p. and when power is coupled with interest 1, p. of agent dissolves agency 1, p. except as to execution of mere formal acts 1, p. of master dissolves contract of service 1, p. landlord's estate assigned by his bankruptcy 6, p. dissolution of partnership by bankruptcy of partner or his interest being taken under an execution 2, p. dissolution of attachment, by bankruptcy of defendant. .7, p. authority of bank to paj' check revoked by bankruptcy ..2, i). bankruptcy of debtor revokes assignment 4, p. action for breach of covenant against encumbrances barred by subsequent discharge in bankruptcy of cove- nantor 5, p. devise of the income from property, to cease on insolvency or bankruptcy of the devisee, good 6, p. where lessee becomes bankrupt his assignee takes leased premises ns part of estate 6, p. Banks and Banking. lien of banker, see Liens, 2. 1. Powers an'u LtAuiLiTius of Banks in General. 2. Savings B.^nks. 3. National Banks. 4. OriiicERS OF Bank.s. 5. Deposit.'*, Loans and Discounts. 6. Checks, Ceutificates of Iiepisit, BTank Bills, etc. 1. Powers and Liahililies of Banks in General. bank and banker defined 2, p. ditTerent kinds of banks 2, p. who may engage in banking 2, p. state may regulate and restrain banking business 2, p. may inspect affairs of bank by officers appointed by it.. 2, p. 4986, §3074 4986, §3074 4980, § 3074 4986, §3074 4986, §3074 4000, §2393 66, § 48 66, § 43 66, § 48 66, § 49 66, § 49 494, § 284 4653, §2849 12tl, § 671 5567, §3588 9G3, § 537 34U8, §2002 3857, §2298 4513, §2768 4650, §2846 85.5, § 509 856, § 509 857, § 510 857, § 510 857, § 610 43 43 49 49 284 BANKS AND BANKING. Banks and Banking— (Continued.) statute making directors of bank responsible for debts in case of insolvency valid 2, p. banking powers must be specially granted to corjjora- t'on 2, p. bank charter must be pleaded and proved 2, p. carrying on unauthoriztd banking business will not be en- joined as nuisance 2 p. bank not bound to receive deposits, may choose its cus- tomers 2 p. securities given l)yunauthoriz-d banking company void. 2, j). bank charter as contract which cannot be impaired 2, p. when charter may be repealed by legislature 2, p. powers of banks are those granted or implied 2, p. implied power of bank to borrow money 2, p. to api^oint aj^eiits 2, p. to issue evidences of debts lawfully made 2, p. to transfer security held to secure debt 2, p. to loan money and discount notes 2, p. deduct interest in advance 2, p. to make an assignment of jiroperty for creditors 2, p. to sell its property; to transfer by indor.^emeut or delivery negotiable notes 2, p. to take and liold stock and bonds as collateral security. 2, p. powers of bank as to branch banks 2, p, bank may establish reasonable banking hours 2, p. powers not implied to ))aiiks S, pp. SCO, powers and liabilities of bank as collecting agent 2, p. liabilities for negligence of agents or notaries when 2, p. bank has no implied power to bring suit on paper in its hands for collection 2, p. liability of bank for failure of attorney to recover on note in its hands for collection 2, p. measure of damages against bank, for neglect of duty in un- dertaking to collect, is actual loss sustained by party interested in the paper 2, p. on failure to transfer stock at request of pledg !e, bank is not liable for subsequent depreciation of stock 1, p. 2. SavbiQS Bcnil's, savings banks defined " 2, p. trustee for depositors, and subject to jurisdiction of courts over trusts 2, p. possess usual powers and duties of banks 2, p. not banks of issue and circula' ion, and capital liable to be withdrawn upon notice 2, p. whether bank a savings bank depends not on name but on functions 2, p. 6403 857, § 510 858, § 510 85S, § 510 858, § 510 858, § 510 858, § 510 858, § 510 &5S, § 510 850, § 511 850, § 511 850, § 511 S.-.0, § 511 850, § 511 850, § 511 850, § 511 850, § 511 859, § 511 850, § 511 SCO, § 511 SCO, § 511 801, § 5!1 805. § 512 SCO, § 512 870, § 512 870, § 512 S71.§ 512 775, § 4GG 874, § 513 875, § 513 875, § 513 875, § 513 875, § 513 6404 BANKS AND BANKING. Banks and Banking— (Continued.) has no authority to discount 2, p. 876, § 513 cannot aj>ply stock helonging to estate of one deceased in payment of his indebtedness to bank 2, p. 876, § 513 cannot proh.bit withdrawal of deposits under power in eliar- ter to regulate such right 2, j), 876, § 513 has no lien upcu surplus proceeds of sale of stock held aa collateral for payment of a pronussory note, for ji[cn- eral balance due from maker 2, p. 876, § 513 general creditors of have no superior equity to depositurs to payment in case of deficiency of assets 2, p. 876, § 513 cannot pay as dividend to stockholder on profits, interest upon loans which have matured but not col- lected 2, p. 876, § 613 liability for making payments to persons presenting deposi- tor's book 2, p. 877, § 614 rule thi'*-. pass-book must be produced on payment of de- posit reasonable 2, p. 877, § 614 savings bank cannot refuse to return depositor's money be- cause he deposited it in name of somebody else. .2, p. 878, § 514 possession of pass-book by stranger no evidence of right to draw... 2, p. 879, § 514 savings bank liable in assumpsit for refusal to repay de- posit 2, p. 879, § 514 insufficiency of funds on hand no excuse 2, p. 879, § 514 deposit in savings bank by person as trustee for another, a complete and valid transfer of the title to fund 2, p. 879, § 514 depositor in insolvent savings bank who owes it for borrowed money cannot set ofl' deposit against such debt 2, p. 879,§ 514 temporary suspension of payment l.y savings bank not cause of forfeiture 2, p. 880, § 514 otherwise as to a fraudulent suspension of payment 2, p. 880, § 514 delivery of savings-bank book suilicicnt delivery of deposit 4, p. 2995, § 1754 husband cannot maintain action against savings bank for its refusal to pay him money which he (lei)osited in wife's name 2, p. 1393, § 753 3. National Banks. what and how created 2, p. 881, § 515 states cannot exercise control over 2, p. 882, § 515 mode of formation of 2, p. 882, § 515 powers possessed by national banks 2, p. SS.3, § 516 powers not possessed by national banks 2, p. 885, § 516 liability of national bank for special deposits 2, p. 887, § 517 liability of national bank for money stolen 2, p. 888, § 517 BANKS AND BANKING. G405 Banks and Banking— (Continued.) eli'ect of, on lialjilitics, reorganization of state bank as nationalbank 2, p. 8SS, § 517 national banks may sue and be sued iu state courts of •domicile 2, p. 8£8, § 517 actious may be maintained in state court against national bank in county, other than where establislitd. . .2, p. 888, § 517 national banks may charge rate of interest lixcd by state ^'*^« 3, p. 8SD,§ 518 may take higher rate, if state banks of itsue are permitted by laws of state to reserve more 2, p. 889, § 518 if no rate of interest defined by laws of the state where located, seven per cent, allowed 2, p. 889, § 518 rule api lies to loans made by national banks to corporation where statute of the state forbids corporation to inter- pose defense of usury 2, p. 889, § 518 national banks bound by usury laws of state 2, p. 889 j», § 618 penaltie:« for taking usurious interest by national ^anks 2, p. 889,§ 518 state court has jurisdiction of action against national bank to recover ptnalty for unlawful interest 2, p. £90, § 518 courts of one state have no jurisdiction of such action against national bank located in another state 2, p. 890, § 518 bill in equity will not lie to recover usury from natit)nal ^"■""^ S,p. 891,§ 518 national bank a domestic, not a foreign, corporation, and may sue as such i, p. GI3, § 346 dissolution and wiiulin--up of, governed by statute 2, p. 891, § 519 liability of successor of national bank for deposits 2, p. 8('2, § 519 powers and duties of receivers of national banks 2, p. 892, § 520 And see llECEiViiiw. 4. Officers of Banks. directors have general management of aCFairs of bank . . 2, p. 802, § 520 have power to dckgate to prcsidtiit i-owcr to bonow '""'ley 2, p. 892,§ 520 delegate to connnittce authority to mortgage real estate of '^'■^"1' 2, p. 89.% § 520 make assignment of the bank's property f.;r creditors. .2, i>. 893, § 520 to bind bank directors must act as board; their individual assent inefTcctual 2, p. 893, § 520 directors of a bank have no power to delegate to others power to make discounts 2, p. 893, § 520 make gifts from property of the bank, or use funds for pur- poses foreign to objects of bank 2, p. 893, § 520 to waive service of petition praying forfeiture of charter. 2, p. 893, § 520 notice to directors of bank is notice to bank 2, p. 893, § 620 compensation of directors of bank 2, p. 891, § 620 GtL06 BANKS AND CAKKINQ. Banks and Banking -(Continued.) directors of bank are trustees for stockholders and depos- itors 2, p. 895, § 521 personally liable for losses arising from neglect or miscon- duct 2, p. 8S6,§ 621 not for errors of judgment unless act was so grossly wrong as to raise presumption of fraud S, p. 89G, § 521 must use ordinary diligence in management of bank's affairs and in understanding its resources and liabilities. 2, p. 89u, § 521 suit against directors for negligent management of bank may be in name of bank or receiver or stockholder or de- positor 2, p. 897, § 521 directors liable for issuance of bank bills contrary to charter of bank 2, p. 897, § 621 for declaring and payment of dividends declared but not earned 2, p. 897, § 521 for fraudulent sale to bank of its own stock 2, p. 897, § 521 for receiving deposits when bank is insolvent 2, p. 897, § 521 for holding bank out as solvent when not so 2, p. 897, § 621 directors not liable for non-exercise of powers discretion- ary 2, p. 898. § 521 nor for the dishonesty or negligence of the cashier or other officers 2, p. 898, § 521 nor for investments which turn out losses 2, p. 608, § 621 nor for false statenicnts in articles of association inducing a party to subscribe to stock 2, p. 898, § 621 nor for violations of law occurring before plaintiff became stockholder 2, p. 898, § 521 liability of director for publishing statements 2, p. 898, g 521 statutory liability of directors 2, p. 893, § 621 depositors cannot maintain a suit in equity against managers of bank without joining the bank itself 2, p. 899, § 521 no liability attaches unless party souyht to be charged as diri'ctor has accepted office or held himself out as such 2, p. 899, § 521 not essential that he should have acted as director 2, p. 899, § 521 not liable for acts of predecessors or successors 2, p. 899, § 521 no defense to statutory liability to show judgment of for- feiture or exi)iration of charter 2, p. 899, § 521 president of bank, powers and duties of 2, p. 900, § 522 liable fo. want of ordinary care in discharge of duties 2, p. 903, § 522 personally liable where bank not legally organized. . .2. p. 9t);i, § 522 where he makes debt in excess of charter limit. . . .2, p. 903, § 522 where he directs or permits overdrafts 2, p. 903, § 622 where he allows customer to take securities of bank away for inspection 2, p. 903, § 622 BANKS AND BANKINa. 6407 Banks and Banking— (Continued.) where president of bank is member of firm, bank has notice of firm's insolvency 2, p. equity will not grant injunction restraining president or cash- ier of bank in the exercise of official duties 2, p. where officer of bank fraudulently abstracts funds and in- vests them in his own nam", court will not declare him trustee, and indemnify the bank out of invest- ment 2, p. no implied promise to pay president of bank for official serv- ices, nor can he recover i)ay upon (piantum meruit. . , 2, p. president of bank cannot maintain claim forguaianteeiuL,' its paper, without proof of exp'icit contract : 2, p. cashier of bank; powers, duties and autliority of 2, p. ordinary acts of a bank cashier are presumed to have bttn ratified or authorized 2, p. evidence of his appointment unneccss-ary 2, p. what authority not implied to cashier 3, p. liability of cashier for fraud or nc<,'lig( nee 2, !>. tellers, powers, duties and liabilities of 2, j.. clerks, powers and duties of 2, p. S7C, § 513; 2, p. usage may enlargo or prescribe powers of bank clerks. .2, p. directors may authorize committee to convey re^l estate. .1, p. may send, draft to sub-agent to collect 1, p. B, Deposits, Loans and Discoim's. general and special deposits defined and distingnished. .2, p. relation of banker and customer that of debtor and credi- tor, and not trustee and cctitui qun fnust .2, p. recovery a<,ainst banker for deposit in action at law 2, p. demand when receiving before suit against lank by de- positor , , 2 deposit in bank "as trustee" notice of the chara ter of tleposit 2, p. 915, § 50.3; 2, p. deposit of trust money generally 2 n. See Tru.st.s and Tiiu.stees. money deposited to one account cannot be transferred to another 2 p. bank cannot transfer deposit to payment of depositor's note 2, p. 920, § o-2(j; 2, p. altter as to matured note held by bank 2. p. agreement by bank to hold deposit of one jiarty as security for the overdrafts of anotiier not enforceable by the debtor after insolvency of bmk , 2, p. baiils which has been designated by public officer as deposi- tary of public moneys acquires no light to custody from mere designation 2 p. 003, § 522 903, § 522 903, § 522 90.1, § 522 001, § 522 0U4, ^ 523 005, § 523 O'o, § 523 907, § 523 900, § 523 911, § 524 91-->, § 524 912, § 524 20, § 23 20, § 23 914, § 523 914, § 525 915, § 525 915, § 525 920, § 527 925, § 527 925, § 527 92.-, § 527 920, § 526 91G, § 525 916, § 525 6108 BANKS AND BANKING. Banks and Banking— (Continued.) bank in mere bailee for hire of special doposit 2, p. OIG, § 625 bank is liable only for negligence, and if deposit be gratuitous, for gross neyligenee 3, p. 910, § 525 bank not liable for omission to protest notes deposited with it for safe-keeping, and not for collection 2, p. OIG, § 625 demand on a bank for bonds received by it as a special de- posit, and refusal to deliver proof of loss by negli- gence 2, p. 91G,§ 625 bank entitled to written order to pay deposit not bound to pay over money on oral order 2, p. 918, § 526 bank not chargeable with interest on sums deposited to credit of customers to be drawn against by check, until payment demanded 2, p. 918, § 526 depositor ordering money sent by mail takes risk of loss on money 2, p. 918, § 526 money on deposit to depositor presumed to belong to depos- itor 2, p. 918, § 626 bank justified in paying over money on checks of depositor, until notice of the claims of a third person 2, p. 919, § 526 bank which receives a deposit to apply to designated debt cannot apply it to another debt 2, p. 919, § 526 bank cannot refuse to pay depositor on the ground that money belongs to third party 2, p. 919, § 626 bank cannot set up that money deposited by wife is property of husband 2, p. 919, § 526 ibank has right to open account with married woman ... 2, p. 920, § 526 bank may interplead conflicting claimants to funds on de- posit 2, p. 920, § 526 may demand indemnity on paying over deposit when there are conflicting claims 2, p. 920, § 526 deposit made in name of firm must not bo paid to individual 2, p. 921, § 526 rules of clearing house > 2, p. 921, § 526 one depositing funds current at time, may insist on payment in current funds, although funds deposited have in meantime depreciated or become worthless 2, p. 921, § 526 one who deposits bank bills as depreciated paper cannot draw for par funds 2, p. 921, § 526 deposit made in gold may be paid in notes, if legal ten- der 2, p. 921, § 526 where bank discounts customer's note in case of insolvency, an equitable right of stoppage in transitu may be exercised by banker 2, p. 921, § 526 X)ank, on establihhing mistake, may recover back from de- positor excess drawn out tbiough erroneous entry, 2, p. 921, § 526 § 526 § 626 § 626 § 626 § 626 § 626 526 BANKS AND BANKING. G409 Banks and Banking— (Continucfl.) publication of unulaiiiie I deposits as reqiiirerl by statute a new promise under satute of limitations 3, p. 022, § 526 bank-book is property of depositor 2, p. 9.'!0, § 523 not a ne;,'otiable instrument 3, p. 932, § 528 entry in bank-book raises presumption that bank recei/ed the amount 3, p. 932, § 523 depositor who has lost bonk cinnot recover deposit from bank, without ofTerinr; indemnity 3, p. 932, § 523 payment of deposit to administrator of depositor believed mistakenly to be dead 3, p. D30, § 523 payrr'.snt by bank to person having possession of bank- book 3, p. 931, § 528 effect of loss of bank-book 3, p, 921, § 503 stipulation between bank and depositor that depsit may be paid to one presenting book does not excuse bank from exercise of reasonable care 3, p. 031, § 523 depositor not bound by an erroneous entry; remedy, as in ordinary cases of mistake, and this notwithstanding rule of bank re([uiring payments to be examined at time 3, p. 931, § 503 dispute between depositor and bank as to correctness of entry question of fact for the jury 2, p. 931, § 523 depositor not required to examine bankbook or vouclicrs with a view to detection of forgeries of name 3. p. 931, § 523 has a right to assume that bank before paying checks will • ascertain genuineness of signature 3, p. 931, § 253 power of bank to loan money and discount notes 3, p. 93-t, § C29 agreement by president that indorser will not be bound not binding 3, p. 9^5, § 529 bank bound to apply deposits of maker in payment of liis note or indorser is discharged 2, p. 935, § 529 where borrower has opportunity to count money, burden of proving mistake is on him 3, p. 933, § 529 depositing fun liability of bank receiving forged notes on deposit. , . .2, p. 900, § 5od total destruction of bank note clearly established, bank bound to pay last holder or owner amount of it. .2, p. 9G5, § 538 where holder divides it for transmission by mail, and loses one half, he may recover amount of whole note. .2, p. 90."), § 536 so other person cuu recover ou the other half 2, p. 9G5, § 536 BANKS AND BANKINO— EENEriT BOCIETIES. G'llJ Banks and Banking (rontiiiucd.) custom of Imiik not to jiay any of its bills voluntarily cut in two Mithont produttion of both j arts, or to pay l.ut onc-linlf face value of lull-invaliil 3, p, 9G5, § 530 bank is liable for bills ..hicli are deatroyeJ, after being put in circnlntion, by fire 2, p. 0G5, § 636 mutilation of bank notes by lime, aeciilcnt, or alterations of numbers, does not preclude recovery 2, p. 9C5, § BUG eavptf. fmpt.tr applies to purchaser of depreciated bank bills by l)iinker or brt.ker 2, p. 007, § 5;?0 holder of stolen bank bills may recover from bank 2, p. 907, § fiSO where piirty exchanges notes of broken bank for those of solvent one, loss must fall on him, both parties bcin'» ignorant of failure 2, p. 907, § 530 face of bank bills not evidence of date of issue; statute of limitations does not apply to them 2. p. 907, § 630 no action will lie by one bank against another for collecting its bills, and presenting them for payment in harass- ing manner 2, p. 907, § 536 Barratry. barratry, what is 5, p. 3390, § 2IGO Barter. implied power of agent to barter 1, p. 105, § G3 Bastards. See Parent and Ciiilt). infant is liable to bastardy process 2, p. 1520, § 831 Bawdy house. e.juity will restrain use of adjoining house as bawdy-honse, 6, p. 4S30, § 2901 municipal cr)rporp,tion has power to suppress 7, p. 0255, § 3J91 Bees. bees, property in and rights of captor 3, p. 2473, § 1307 Bells. bells, when a nuisance Q, p. 4875, § 3000 duty of railroad to give warning by whistling or ringing bull 3, p. 2077, § 1183 sexton rofiising to stop church bell for usual services not liaMe to sick person in adjacent houser 3, p. 1710, § 1012 Benefit Societies. status of benefit societies, and rights and liabilities of mera- l^°''8 5, p. 30SO, § 2151 object and purpose of 2, p. 1078, § (01 «*'*t"s of 2, p. 1078, § 004 powers and liabilities of 2, pp. 107S-10S1, § G04 ^y-^--^^^ of 2. p. lOSO, § 004 rights of members of 2, pp. 1031-10S7, § 005 liabilities of members 2, p. 10S7, § 606 Lawson U. & H.— 449. 6414 BENEFIT SOCIETIES — BOARDS. §11G7 § 7S7 § 222 § 222 Benefit Societies— (CoD;,iuued.) exjmlsion of members 3, rP- 1088-1091, § 007 member of cannot bo expelled without notice and hearing 2, p. 1083, § 007 mandamus lies to restore member of benevolent society ille- gally suspended from membership S, p. 1089, § C07 rights of suspended members 2, p. 108l>, § 007 suspended members of Odd Fellows' lodge liable for dues accruing after euspensiou 2, p. 1073, § 5l)9 Bequest. See \ViM.s, Betterment Laws. iSie FlXTU141i3. Bicycle. is a "carriage" , «.... 3, p. 2045, Bigamy. a grounil for divorce 2, p. 1442, Bill Bro.^ers. defined 1, pp 390 to 393, authority of 1, PP- 380 to 393, Bill of Exchange. See Negotiable Instruments. ' Bill of Lading. See Carrikrs, 2. not negotiable at common law 4, p. 2531, § 1449 possession of not evidence of ownershiji 4, p. 258"2, § 1449 negotiable in some states by statute 4, p. 2582, 5 1449 transfer of bill of lading in pledge passes j^ossession of prop- perty described 4, p. 2995, § 1754 Bills of Sale. title to ship by bills of sale 3, p. 2548, § 1420 Birds. subject of property 3, p. 2472, § 1307 Blacksmith Shops. when a nuisance 6, p. 4SG3, § 29S7; 6, p. 4870, § 3001 blasting. liability for injuries caused by blasting rocks 3, p. 1988, § 1147 BUnd. persons not incapable of marrying 2, p. 1297, § 706 blindness does not constitute incapacity which vitiates will 4, p. 5 144, § 31 (JG Board. See Mahter and Servant, 1. implied power of agent to board at hotel 1, p. 103, § C7 Boarding-house. See iNNKEEPiUlS. Boards. See Trees. BONDS— BREWERIES. (J415 Bonds. See Damvoecs; StrnETVsnip and Guaraxty. Municipal, see Municipal Corporations, 1. implieil power of attorney to execute bonds 1, p. 286 § 17! what are and are not material alterations in bonds which will discliarge instrument 5^ p_ 41Q2 g 0475 ; doovery against one obligor on joint bond, without satisf'ic-" tion, no bar to subsequent action a^^ainst his co-obligor ., -rr 1 , , , ^' P- 3975, § 2383 sheriff may demand bond of indemnity before levyincr on , , P^^'ty--- 7, p. 0024, § 3825 bonds of corporations, public, private or municipal, u-go- seller of negotiable bond warrants its genuineness! !." !.'.4' p" Oj's"" § 1451 ordinary county orders not negotiable 4 p 2582* § i i51 nor town ^-arrants 4,' p! 2582,' § ]451 nor warrants on state treasury 4 o,-,s2 § 1451 nor order on treasurer of school district ! ! ! .4,' p. 2533' § 1451 nor municipal bond payable on completion 4] p. 25S3] § 1451 scrip of foreign government is negotiable 4' p.' 2585* § 1454 coupons are negotiable even when detached 4' p" 0534' § 1452 or after bond has been paid 4^ p! 25S4,' § 1452 Bone Bomn; Worr' ''''' '"' ^"'' '"°""^'^^ ^' ^^ ''''' § '''^ ^^^v.heuanui.ance 6, p. 48G6. § 2990 See Usury. Books. fair criticisms and reviews of books privileged 3 o SIS'? 8 lo-u Booming Companies. 'J, p. J185, § 1234 See ^V'ATliR AND Water-courses, 4, common carriers 4 „„„- - ,,. Borrow. -a, P. 3083, § 1792 implied powers of corporations to jorrow money and make .. /'^'; ;: I.P. 649. § 383 directors of corporations may authorize president to borrow . ,. ;^^""^y-"; l.p. 683.§ 408 imp led power of agent to borrow 1 „ jg.^ g 67 construction of " borrow " in authority to agent.'.'.".'.'. ..l' p' fis' § 61 Bottomry. ' » a 01 8ee Ships and Suippino. Boundaries. See Dkeps; Rkal Propkrtv; Water and Water- courses. Breach of Promise of Marriage. See Husband and Wife, 1. Breweries. when a nuisance n « jonn. »«»«. 0, p. 4870, §3001 6416 BEICK YARDS — BROEEES AND FACTORS. Brick Yards. when a nuisance 6, p. 4S63, § Brie£3. power of attorney to order briefs printed 1, p. 2SG, § Bridges. See Municipal Corporations, 4; Water and Watep. -courses, 4. Brokers and Factors. I. Brokers. 1. Different Clashes of Brokers. 2. Forcers and Authority of Brokers. 3. Duties and Liabilities of Brokers, 4. The Broker's Compensation, II. Factors. 1. In General 2. Powers and Authority of Fcctors. 3. Duties and Liabilities of Factors. 1. Brokers. 1. Differerd Classes of Brokers. broker defined; difierent classes of and authoritj' . 1 , pp. .^89- 393, § bill brokers 1, PP- 390-393, § insurance brokers 1, pp. 390-393, § merchandise brokers 1, pp. 390-393, § note brokers 1, pp. 390 393; § pawnbrokers 1, PP- 390 393, § real-estate brokers 1, pp. 390-393, § ship brokers 1, pp. 390-3;)3, § stock brokers 1, PP- 390-303, § 2. Powers a7id Authority of Brokers. broker has implied power to sign bought and sold notes and bind both parties 1, p. 393, § to sell by sample or with warranty 1, p, 393, § to bind his principal to any price at which he buys or sells 1, p. 393, § to guai'antee payment of a security sold 1, p. 393, § to adjust a policy 1, p. 393, § to pledge stock which he has bought for his principal with money a ivanced by himself 1 , p. 393, § authority of brokers determined by custom of stock ex- change 1, p. 393, § brokers' authority a limited one 1, p. 39t), § broker has no implied power to buy and sell in his own name ^1, p. 394, § or on credit , 1, p. 394, § to receive payment, unless the principal has clothed hiai with posse- sion or apparent title 1, p. 394, § to delegate his authority 1, p. 27, § 27; 1, p. 395, § to rescind the sale 1, p. 27, § 27; 1, p. 395, § to submit disputes to arbitration. ...1, p. 27, § 27; 1, p. 305, § 2986 172 222 222 222 222 222 222 222 222 222 223 223 223 223 223 223 223 225 224 224 224 224 224 2:;4 224 224 224 224 224 BROKERS AND FACTORS. 6417 27; 1, p. 27; 1, p. 395, § 395, § 397. § 397, § 397, § 397, § 397, § 399, § 399, § 399, § 399, § 400, § 400, § 401, § 224 224 225 225 225 225 225 435 226 226 226 226 226 226 226 226 Brokers and Factors— (Continued.) to act for both parties 1. p. 27, § to sell to liimself 1, p. 27, § 3. Duties and Liabilities of Brohers. duty to obey principal s orders 1, p. rule where orders are ambiguous 1, p. duty to keep accounts 1, p. not liable for insurance premium 1, p. right to sell stock after default 1, p. broker purchasing stock for customer, and treating it as his own, may be hable as stockholder 1, p. 725 n., § 4. The Broker's Compensation. is entitled to usual commissions or compensation 1, p. but must show employment 1» p. and that his character was known to the parties 1, p. not entitled to commission on purchase of estate until con- tract made or title transferred 1, p. sufficient that sale or contract was made through his efiForts though owner negotiates it himself , 1, p, rights to commission where two or more brokers are em- ployed ■ 1, p, entitled to comm ssion for introducing purchaser 1, p. when broker not entitled to commissions 1, pp. 402-406, § cases in which broker's claim for commissions was sustained, cases in which broker's claim for commissions was not sus- tained 1, p. attorney who is also broker not entitled to attorney's fees 1, p. II. Factors, 1. In General. factor and broker distinguished 1, p. del credere agent defined 1, p. absolutely liable to principal for price of goods 1, p. 2. Powers and Authority of Factors. factor has implied authority i.i buy and sell in his own name 1 , p. to sell on credit 1, p. to give warranty 1 ^ p. to receive payment 1, p. to insure goods of principal 1, p. to sue in his own name 1, p. 201, § 124; 1, p. no implied authority to barter principal's gdoda 1, p. or pledge them 1, p. or delegate his authority 1, p. 29, § 28; 1, p, or receive payment except in usual mode 1, p. or compound or discharge debt 1 » p. or accept or indorse bills on behalf of principal 1, p. 422, § 229 406, § 226 409, § 226 3.30, § 199 414, § 227 416, § 227 416, § 227 420, § 228 421, § 228 421, § 223 421, § 228 421, § 228 421, § 228 421, § 229 421, § 229 421. § 229 422, § 229 422, § 229 6418 BROKERS AND FACTORS — BUILDING ASSOCIATIONS. Srokers and Factors— (Continued.) or exteurl the credit 1, p. 422, § or submit dispute to arbitration 1, p. 422, § payment to principal good as against factor 1, p. 422, § 9L Duties and LiabilUiea of Factors. Factor must obey principal's instructions 1, p. 422, § when he has discretion, not liable for error of judg- ment 1, p. 423, § may disregard instructions in case of emergency 1, p. 426, § factor who has made advances on goods may sell them be- low price limited, if consignor has refused to repay advances 1. p. 424, § principal cannot revoke authority after advances have been made on proofs 1. p. 423, § factor must use diligence to ascertain purchaser's solv- ency 1, p. 427, § must sell within reasonable time where no limit has been set 1 , p. 427, § bound to account 1, p. 427, § to remit to principal when instructed to do so 1, p. 427, § bound to sell at best price 1, p. 427, § use the best diligence generally 1, p. 427, § must act in good faith towards his principal 1, p. 427, § cannot become the purchaser of his principal's goods for himself 1, p. 427, § or act as agent for both seller and buyer 1, p. 427, § factor governed by usages of the trade 1, p. 428, § factor guilty of negligence cannot recover commission or compensation 1, p. 428, § factor who takes notes in his own name, and uses them liable to principal if purchaser becomes insolvent. 1, p. 429, § factor cannot dispute principal's title 1, p. 429, § not bound to insure unless so instructed 1, p. 429, § Buffalo. See Animals. Biiilding and Loan Associations. objects and scheme of 2, p. 10.14, § representations in circulars of as to profits of 2, p. 10,15, § powers of 2, pp. 10.'i5-10.'i7, § to borrow money 2, p. 1036, § to invest its funds in real estate 2, p. 10.S6, § to take mortgages as security 2, j). 1036, § to assign a mortgage in payment of or as security for a debt 2, p. 1036, § to redeem its shares 2, p. 1036, § to make a promissory note 2, p. 1036, § to insure property taken as security 2, p. 1036, § 229 229 229 230 230 230 230 230 2:;o 230 230 230 230 230 230 230 230 230 230 230 230 5S0 580 581 581 581 581 581 581 581 581 BUILDING AND LOAN ASSOCIATIONS— BURIAL. 6419 230 Building and Loan Association3-(Continued.) to compfomisie with a member 2, p. 103G, § 581 to make by-laws 3 p. 2036,' § 5S2 aasociation has no power to agree to sell member additional "^''^'•63 2, p. 103G, § 5S1 to refuae to loan funds to membera 2, p. 103G, § 581 to prevent loan to member who bids highest P'"''"*'"™ 2, p. 103G, § 581 to divide or distribute its funds among its members 2, p. 1030, § 581 nor to traffic in shares of its own stock 2, p. 1030, § 581 powers, duties and liabilities of (.fliccrs 2, p. 1037, § 583 liability of treasurer of building society f.ir money stulpn ^•■0™ him 2, p. 1038, 3 583 membership how acquired, who may be members 2, p, 1038, § 584 mandamus will not lie against building association refusing to transfer member's stock 2, p. 1039, § 684 liabilities of members 2, p. 1040,* § 584 payment of dues, liability of members for 2, p. 1041, § 583 fines and forfeitures, right of association to enforce 2, pp. 1 04 1- 1043, § 586 loans are made by selling money at anction 2, p. 1043, § 587 premiums on 2, p. 1043, §587; 2, p. 1049, § 589 powers of association as to 2, pp. 1043-1045, § 587 security for the loan, mortgages 2, pp. 1045, 1048, § 583 interest on loans 2. pp. 1048-1050, § 589 usury, liability of association for 2, pp. 1049-1050, § 589 application of dues to payment of mortgage. . .2, pp. 1051, 1052, § 590 foreulosura of mortgage, ascertainment of amount 3103, § 1809 but is not insurer of time of delivery 4, p. 3104, § 1809 six excrptiiins to carrier's liability as insurer, viz: losses caused by the act of God 4, p. 3104, § 1809 losses caused by the public enemy 4, p. 3104, § 1809 losses caused by the inherent defect, quality, or vice of the thing carried 4, p. 3104, § 1809 losses caused by the seizure of goods or chattels in his hands under legal pro; ess 4, p. 3104, § 1809 losses caused by some act or omission of the owner of the goods 4, p. 3104, § 1S09 losses caused by fraud of the owner 4, p. 31 14, § 1816 carrier may require value of goods to be stated 4, p. 31 13, § 1815 carrier may not open package to ascertain value or contents 4, p. 3113, S 1S15 carrier is liable for delay in delivering goods 4, p. 31 Ki, § 1817 carrier is liable for "act of God" aftir negligent delay. 4, p. 3118, § 1817 effect of delay on contracts limiting liability 4, p. 3120, § 1S18 carrier is liable for deviation without necessity 4, p. 31-2, § 1819 effect of deviation on contracts limiting liability 4, p. 3123, § 1820 duty of carrier as to stowage of goods 4. p. 3125, § 1821 duty of carrier to follow shipper's instruction 4, p. 312G, § 1822 agreements to deliver Avithiu si)>cilied time 4, p. 3127, § 1823 duty of carrier as to care of goods during transit 4, p. 3129, g 182-4 presumption of negligence from failure of carrier to deliver safely 4, p. 3130, § 1825 delivery by carrier — personal delivery, when re p. 116, § 75 agent of express 1, p. 116, § 75 persons shipping dangerous goods by carrier liable for injury caused by them 3, p. 1977, § 1143 carrier not lialjle without notice of their dangeroua qualities 3, p. 1977, § 1143 delivery of goods to carrier appointed by buyer not a de- livery, or a receipt within statute of frauds 5, p. 3919, § 2332 2. Contracts Liiuilhuj Liah'dity. (a) Goods. power of carrier to limit his liability 4, p. 3157, § 1S39 the American rule 4, p. 315S, § 1840 rule in Pennsylvania and South Carolina 4, p. 315!), § 1841 rule in New York 4, p. 3161, § 1842 special consideration necessary to support restrictive con- tract of common carrier 4, p. 31G3, § 1843 notices as to value and quality of goods 4, p. 3164, § 1S44 notices by advertisements and placard 4, p. 3168, § 1845 conditionsinnoticedonot bind shipper until assented to. 4, p. 3169, § 1846 presumption of assent to conditions in notice relating to re- liability of carrier 4, p. 3169, § 1847 CARRIERS. C425 Corriers— (Continued. ) notices in billa of lading and reccipti 4, p. 3170, § 1S48 notices in railroad tickets 4, p. 317;}, § KS49 cases wiiere assent of sliipper was inferred 4, p. 3171, § IS49 cases where assent of sliipper was not inferred 4, p. 3173, § ISuO contract limiting liability may be by word of mouth. ..4, p. 3174, § IS'l bill of ladinjj detincd 4, p. 3174, § 1:51 iu a variance between bills of lading, terms of one given to shipper control 4, p. 3175, § 1851 bill of lading cannot be contradicted by parol evidence. 4, p. 3175, § 1852 parol evidence admissible to show tiiat pnpcr was never ac- cepted as contract between parties 4, p. 31 70, § IS.'iS collateral agreement may be shown by parol 4, p. 31 71;, § is,j3 BO shipper may show fraud, mistake or duress 4, p. 3170, § 1853 bill of lading, being b.th a receiiit and a contract, may be, as to former, varied by parol 4, p. 3I7G, § 1853 after receipt of goods, contract cannot be altered by sul).se- quent delivery of contract iimiting liability 4, p. 3177, § 1854 conditions in carrier's contracts limiting time -within which claim for loss or damage must be presented, valid if reasonable 4_ p. 3173, § 1355 illustration of conditions of tliis kind held reasonable and unreasonable respectively 4, p.. 3173, § 1S55 regulation that before consignee can obtain his wheat from company's bins he shall receipt for quantity unrea- sonable 4, p. 3IS0, § 1S5G conditions in contracts for carriage of live-stock held reason- a'^le 4, p. 3181, § 1857 exceptions to carrier's liability in contracts are strictly con- strued against carrier 4, p. 3152, § 1853 general words of exemption, when used ;ifter specification of particular exemptions and risks, will be i)re3umed to include only those of similar character, unless dilLr- cnt intent appear 4, p. 3152, § 1S53 receipt given by carrier must be taken altogether; one pjut cannot be separated from other in interpreting. . .4, p. 3182, § 1853 illustration of maxim cxju-e.^.-ili) ttni-is est excltinio u/ti'nux; common cariier agreeing to deliver safely will be liable even beyond his common-law liability 4, p. 3183, § 1853 construction of dillerent words and phrases in carriers' con- traots 4. p. 318.1, § 1S59 "perils of the seas" 4 p. 3,s;4 g j^,,-,^ "^■•0-D-" 4, p. 318S, S 18.19 "^'••e" 4, p. 3I8!>, §1853 "good order and condition " 4, p. 3 {j'J g 1S,")9 "leakage and breakage" 4, p. smj^ § 2S59 "owner's risk" 4, p. 31'J1, § 1853 C426 oabriehs. Carriers— (Contimiefl.) "privilcyoof resliiiininjj*' 4, p. 3102, § ISM "value mill contiiits unknown" 4, p. .111).', § IS.IO otiier words lunl phrases in carriers' contract cons rui'(l.4, p. 3193, g 18.59 \vLcro gooil-4 in liands of c:iiiier arc lost or daniayud, jire- Bunijilion is a;,'ainst earricr 4, p. 3193, § 18G0 on loss lieing shown to fall within exception burden in on shipiKT to i)rovo iieylii,'inuo iu some states 4, j). 3101, § 18(52 in otlur;* Ininlen is on carrier 4, p. 31 'J t, S IbU2 burden is on carrier to prove that loss of goods arose fioni cause for whicli ho is not responsible 4, p. 310d, § 1£G2 burden is on carrier to prove contract restricting liabiliiy 4, p. 3103, § isei burden is on carrirr to show that loss is within excepted cause 4, p. 3194, § ISCl where terms of bill of lading or other contract have ac(iuired by usage a particular meaning, i),uties will be jire- Bumed to have used them in that seube 4, p. 319G, § ISfiS usage must be uniform 4, p. 3196, § 1SG3 common-law liability of a carrier cannot be restricted by usage 4, p. 3191, § ISGl; 4, p. 3196, § 1SC3 meaning of term of bill of lading may be explaine\y, 4, p. 3215, § 1872 except in case of extraordinary and unforeseen rush. .4, p. 3215, § 1872 carrier not bound to carry suspected thief 4, p. 3210' § 1873 a gambler who intends to carry on his trade on the train 4, p. 3216, § 1873 a person so gross in his behavior and obscene in his lan- guage as to be a public nuisance 4, p. 321 6, § 1873 6423 CARKIEKS. Carriers— ( Conti nued. ) a drunken person 4, p. 3216, § 1873 or one whose person or clothing is filthy, or who is in- fe'ted with vermin or contagious dir-ease 4, p. 3216, § 1873 cannot refuse to carry woman because she is a prosti- tute, unless her conduct is offensive 4, p. 321G, § 1873 may refuse a person whose object in coming on his vehicle is not carriage, but trade 4, p. 3216, § 1874 or one whose object is to interfere with interests of carrier 4, p 3216, § 1874 may refuse to carry on freight trains 4, p. 3217, § 1875 may refuse to carry on Sunday 4, p. 3217, § 1875 may refuse to carry person whose life is in danger at place of destination 4, p. 3217, § 1876 carrier receiving per-ons he might refuse cannot afterwards eject them for same cause 4, p. 3217, § 1877 and becomes liable as carrier toward them 4, p. ?217, § 1877 person who is on train or boat by fraud is not a passon- ger; as a stowaway, or one stealing a ride 4, p. 3217, § 1878 nor one riding on commutation ticket issued to an- other 4, p. 3218, § 1878 or one -who is riding free by permission of conductor, but in violation of rules 'li company 4, p. 3217, § 1878 ore who by mistake gets on wrong train is a passenger, .4, p. 3218, § 1S78 relation of carrier exists Ijctween him and the comjtany .4, p. 3218, § 1878 carrier is bound to exercise only ordinary care towards tres- passers and persons refusing to pay fare 4, p. 3218, § 1878 persons traveling for purpose of carrying on business fci themselves or oUiers are passengers, though thev pay nothing for passage; as, for a government mail agent, or express messenger 4, p. 3210, § 1879 Eo is person employed on private car 4, p. 3220, § 187s) employee of the carrier traveling on his employer's convey- ance on hi? own (the employee's) business is a pacscnger 4, p. 3221, § ISSO servant of the carrier riding on master's business, on his m.i.ster's conveyance, not a passenger 4, p. 3221, § ISSO boj boarding car to sell jiapers not a passenger 4, p. 3220, § 1879 no action lies by passenger aiainst bo.it v.!;./S0 ca])t:rn refuses to let him s-ell or trade Avith other ])is- sengers 4, p. 3220, § 1879 person temporarily absent from convcyai.ce continues a passc'ger 4, p. 3221, § 1881 persons meeting or leaving guest cr friend at station not trespassers 4, p. 3223, § 1SS2 carrier bound to exercise care towards pe.sons riding free 4, p. 3224, § 1SS3 .■^^yMk^'iii.'^i^-J--»t CAKRIEKa. tJ4v^ ^ railroad or steamboat tickets are vouchers, not contracts. 4, p. 32-^G § 1SS5 contract may be proved independent of ticket 4 p. 300(5' § is35 sale of ticket from station not a representation that next train will stop there 4 j,_ go.og § igSS efTect of conductor taking up passenger's ticket by m'is-' take... 4 p 3L27, §1885 railroad companies are not insurers that trains will run according to time tables 4^ p go-JS, § ISSG efTect of representation in time tables !.,..'"'.! ^4] p! 3228^ § 18SG failure to transport passenger according to contract gives" him right of action 4, p. 3230. § 1887 passenger has contracted for particular seat, cannot be com- pelled to take another 4, p. 3230. § 1887 may take his seat at any time during the journey; carrier .. not justified in filling his place with another pas- senger ^ y,^^ ^ contract to put liim off at place not a regular Vtation may' be" '^ ' implied from custom 4, p. 3230, § 1887 carrier must transport passenger to port to Tvhich he has contracted to carry him 4 ., ^r,^r^ o j oq-j carrier agreeing to car y on Sunday mu.st do so.*.*.".' "4' p 303/ s iss7 condition that ticket will not be received for passage afttr ' ' certain day good °. .4, p. 3033 § ISSS commutation ticket go(-d for ceruun number of miles, not good after time limited, though number of miles have not been carried 4, p. 3234, § 1 888. condition in a ticket that it shall not be transferred 1 ,^T^ ■;•;■;;■;■■■. ' ^'. p. 32.11, § isss nut railroad liable for injury to transferee *., -p, 3033 § jy^jg round-trip ticket is good until used, in the absence of stipu-" lation to the canlrary on ticket 4 p 3035 §1333 passenger not bound by regulations, of which he" is not 'ill- " ' ^"™ed 4 g.^2,j §1388 ticket issued Decetnbe" Gth and limited to two days is good " ' to midni-ht of December 8th 4 p 3035 § jggQ where a ticket IS to be "used" by certain date passenger" " ' need not have completed his journey by that date.4r p. S'^'S" § 1888 ticket "good this trip only "good for one trip on any ^' •V^ 4 p. 3^3G 8 1SS<1 rights on ticket issued to " man and family " 4' n •jo'^li' S 1 ssq rights on "stop-over " tickets '.4; p.' ^.V-j^' g ,^33 regulation that passenger must identify himself good. ..4' n" i'io'' § 1SS<< Lawson 11, & 11.-43©. ^ ' ^ ^ 6430 CARRIERS. Carriers — (Continued. ) ticket from A. to B. gives right only to continuous jour- ney 4, p. 3237, §18S9 nor does it give r.,;ht to go from B. to A 4, p. 323!), ^ 1889 passenger is entitled to seat and need not surrender ti( kct until pnivided with one 4, p. 3210, g 1S90 may go into reserved or drawing-room car if there are no other seats 4, p. 3211, § 1891 cannot he compelled to go into pmiikin<,'-c;u' 4, p. .'Jl^I, § 1S!)1 carrier must give passenger time for refreshment at stations ' 4, p. 3241, § 1891 names of stations must he announced to passengers. . . .4, p. 3242, § 1892 carrying passenger heyond destination gives good ground of action 4, p. 324G, g 1896 duty of passenger to ascertain what trains stop at his desti- nation 4, p. 3246, § 1896 must leave train at first station after he discovers mis- take 4, p. 3240, § 1896 railroad not liahle for neglect of conductor to fullill promise to wake passenger 4, p. 321^), §1896 carrier may estahlish reasonahle regulations 4, p. 3246, § 1897 whether paiticuhar regulation of carrier is or is not reason- ahle mixed question of law and fact 4, p. 3246, § 1897 for refusal to ohey reasonahle regulation, passenger may he expelled from vehicle 4, p. 3240, § 1897 regulation recpiiring passengers to surrender tickets to con- ductor when demanded reasonahle 4, p. 3247, § 1S97 80 regulation that coupons will not he accepted unless de- tached hy or in the presence of conductor 4, p. 3247, § 1S97 80 regulation forhiddinf conductors fr.>m passing any one on half-fare tickets, unless on pro^^entation of permit, 4, p. 3247, § 1897 regulations not known to passenger do not hind him. . .4, p. 3247, § 1897 passenger ejected for not paying fare cannot on tendering it resume journey 4, p. .121^, § 1897 aJifcr when refusal is in gO( d faith 4, p. 3248, § 1897 carrier has no right to imprison passenger wlio canudt show ticket 4, p. 3250, § 1S!)«; 3, p. 1831, §1007 passengers can only he ejected at usual stopping-])lace. .4, p. ."2.")0, § 1899 train must l)e stopped hcfore passenger can he ejicted.4, p. 32ul, § 1899 excessive force m ist not he used in ejecting p.assungcr. .4, p. 32r)2, § 1900 passenger may resist unlawful ejection 4, p. 3252, § 1901 carrier may reserve car for women and escorts 4, p. 3252, § 1902 right of carrier to discriminate hetwcun passengers on ac- count of color 4, p. 3252. § 1902 for williiil refusal to pay fare, passenger may hi; ejecteil .4, p. 3253, § 1903 one who has refused to pay fare may change his mind. .4, p. 3253, § 1903 I M OAKRIERS. 6431 Carriers— (Continncd.) conductor has no right to put him off 4, p. 3053^ § jgog carrier has no riglit to exi)el passenger for non-pay'.ne'nt" of full fare without first reuirning fare paid 4, p. 3253 § 1903 passenger bting responsible for fare of a child under his charge, may l)e ojeuted for refusal to pay such fare al- though he has paid his own 4_ p. 3253, § 1903 ticket is passenger's only evidence of his right; cnduetor need not take passenger's cxi.l mation 4, p. 3254, § 1903 ticket need not be printed; any writing suOicient 4, p. 3254,' § 19 3 carrier may refuse ticket obtained by fraud 4,' p. 3254,' § 1903 passenger overpaying Ids fare by mistake may retiiia amount from sum handed to him by another passen- , ,^'"' ••;••■•; •, 4, p. 3255, § 1903 regulation that ticket must be purchased before entering train, or an extra price will be charged, rcasona- . ^^° • ■ • • ; 4, p. 3255, § 1904 oarrier must gu-e passengers opportunity to purchase tickets before train starts 4, p. 3053^ § j ^q^ passenger must produce ticket when required 4, p. 3257, § 1905 passenger who has mislaid ticket entitled to a reasonable time to search for it 4, p. 3257, § 1905 pas. ^nger before surrendering ticket may demand some evi- . '^ence of its receipt 4^ p. 3257, § 1905 earner may expel drunken, disorderiy or dangerous passeu- ger.... .. 4, p. 3258, § 1906 carrier responsilde for act of servant in expelling a passer ger under mistake 4%. 3259, § 1906 no more force can be used than adequate for purpose of ex- ,, , . . /"'''"" 4. p. 3259, § 1906 (c) Injuries to Pam-vfieyr,. passenger is justified in attempting to alight, where he re- ceives iuvitatiun to alight, either express or implied, ,r ^ , . .. ^' P- 32i2, § 189? . calling out name of station not alone invitation to aUght.4, p. 3212, § 1S0;J calling out station and then stopping is 4, p. 3242* § ISo'i other circumatauces may amount to an invitation to aliglit, , , ,. , 4, p. 3242, § 1893 reasonable time must be allowed passenger to alight or o-efc , , '^'--l----;---.-. r..... 4? p. 3243, §1894 duty of servants of carrier to assist passengers to alight.4, p. 32-14, § isfii not bound to ask passengers if they inten.i to leave car 4, p. 3245,' § 1894 signals nv.ut be given before train is started 4,' p. 3045] g j'so^ servant* of railroad willfully fading to stop car when s'ig-" naled gives cause t,,r ex.M.plary damages 4, p. 3245, § 1894 car ovcr.diooomg or falling short of platform, radroad li d)le for injury to alighting passenger 4, p. 3245, § IS95 U432 CAKRIEES. Carriers— (Continued.) carrier of i)assenyers is not an insurer 4, p. 32j9, o 1907 is liable for any injury to the pas3unger caused Ijy his faiU ing to use extraordinary care in the selection of his vehicles and tlie prosecution of the journey 4, p. 32C0, § 1907 from injury happening to passenger, presumption of negli- gence on part of carrier arises. 4, p. 3200, § 1903 as from collision 4, p. S'Jlll, § 11)03 or train running from track 4, p. 3201, § 1903 or falling of landing-plank of boat 4, p. 32C 1, S 1933 or i'rom sudden jerk which thro'ivs passenger down. ..4, p. .S2G], § 1903 or bursting of lamp in car 4, p. 3201, § 1903 or turning over of vehicle ,.4, p. 3J(!2, § 1003 rate of speed, when evidence of negligence 4, p. 32GI, § 190S carrier not warrantor of safety of vehicles and appli- ances 4, p. 32G2, § 1909 liable for injury arising from defect, which he, by diligence and care might liave discovered 4, p. 32C2, § 1903 is not liable for latent defects which an examination would not have revealed 4, j). 32C2, § 1909 ■amo duty as to roadway 4, p. 3203, § 1910 carrier not liable for latent defects in roadways, bridges, etc 4, p. 3203, § 1910 carrier responsible for defects in ve'.iiclc, appliances or roadway which are fault of manufacturer or con- tractor ; 4, p. 32G4, § 1911 duty of carrier as to platform, stations and approaches. 4, p. 32G4, § 1912 negligence to allow snow and ioe to accumulate ujjon plat- form of station 4, p. 3204, § 1912 to have platform higher tlian car steps 4, p. 3205, § 1912 to require passengers to board car from baggage car.. 4, p. 3205, § 1912 to require passengers to cross track to reach train . . .4, p. 3273, § 1910 railroads not liable for injury caused by station being blown down by extraordinary storm 4, p. S2G5, § 1912 duty of railroad to have the station houses open and lighted 4, p. 32G5, §1912 railroad liable to passenger on platform struck by mail bag thrown fi-ora passing train 4, p. 32G7, § 1912 passenger to get to car on track beyond may pass over inter- vening cars 4, p. S2G7, § 1912 railroad not liable to passenger bit by stray dog on platform of station 4, p. 3203, § 1013 duty to have platforms, etc., safe, extends both to passen- gers and those having business at station 4, p. 320S, § 1914 but does not extend to trespassers or sight-seekers. ..4, p. S2G8, § 1914 •arrier may exclude from, station persons not passen- gers 4, p. 32G9, § 1914 . iMSC^' .^AOAii ■ -■^i- ■ CARRIERS. 6433 Carriers— (Continued.) as hackineii, iiedJlerp, etc 4, p. 3270, § 1914 station-keciicr has no right to eject passuiiger fri^m station for spitting on floor 4, p. 3270, § 1914 though not requireJ to do so, raih-oad may carry passengers upon freight trains 4, p. 3270, § 1915 must use same diligence, but not bound to provide same con- veniences or appliances as on p .ssenger trains. . . 4, p. 3271, § 1915 railroad company carrying passengers on construction trains is held to same diligence as, in case of regular passen- ger trains 4, p. 3270, n, § 1915 carrier liable for assault on passenger by fellow-passen- gc:... 4, p, 3273, §1917 carrier not liable for negligent act of one passenger towards another 4, p. 3274, § 1917 carrier is liable for acts of servants and employees toward passengers 4, p. 3296, § 1932 railroad liahle for assault where conductor attempts to seize property of passenger to enforce payment of fare. 4, p. 3297, § 1932 carrier liable for wanton, willful, and mal cious acts of his servants towards passengers 4, p. 3297, § 1933 liable for obscenity or immoral conduct of servants toward female passengers 4, p. 3298, § 1933 liability of carrier while using another's line or means of transportation 4, p. 3299, § 1934 liability of carrier for acts of another carrier using its line or means of transportation 4, p. 3301, § 1935 imputed neg'igencc where passenger injured byconcurreuj negligence of third person and carrier, in whose charg 3 he was at time 3, ,). 2141, § 1211 contributory negligence of pasdcnge-, sco CoNTRiBUXoi y Nkglmenue. 5. Sleeping Car Compaiiies, not liable as common carrier 4, p. 30SG, § 1795 liable to action for refusing berth to applicant 4, p. 3080, § 1795 liable for want of care in guarding passenger's eil'ects. ..4, p. 30S7, § 1795 6. Stages. carrier of passengers by stage bound to provide safe vehicles and harness and careful drivers 4, p. 3305, § 1939 must not overload the cnacli; must drive carefully, roi^ard- ing the rule of road; not racing with other vehi- cles 4, p. 3305, § 1939 must carry passenger to destination 4, p. 3li03, § 1939 not liable for accidents in absence of negligence 4, p. 33U0', § 1939 7. Streetcars. are " carriers of passengers" within statute 4, p. 3306, § 1940 must carry p is? cngers safely . . . ^ 4, p. '.i^OG, § J 940 6434 0AIiRI£It3. Carriers— (Continued.) negligence in street-car to start while passenger is alight- ing 4, p. 3306, § 1040 to carry large numbers of people vastly in excess of seating capacity of its cars, and to permit passenger to ride on platform and foot-boards 4, p. 3307, § 1940 not to provide on each car conductor to take fare, as well as driver 4. p. 3307, § 1940 street railroad must, where it crosses track of a steam rail- road, employ a suiBoieut guard to avoid danger to passengers 4, p. 3307, § 1940 negligence to allow young children to get on or ntand on front platform 4, p. 3308, § 1940 to eject drunken person while c^ is in motion 4, p. 3307, § 1940 contributory negligence of passenger 4, p. 3307, § 1940 See CoNTKiEUTOEY Negligence. 8. (S/»7>A' and Ves/>els. carrier by must use care receiving and landing passenger J. 4, p. 3309, § 1942 master has absolute control over passengers , 4, p. 3310, § 1043 passenger entitled to good treatment from master 4, p. 3310, § 1944 chip not obliged to furnish surgical aid to passengers. . .4, p. 3311, § 1944 carrier bound to provide passengers with comfortable accom- modations, proper food, and scats at table 4, p. 3311, § 1945 ■teerage passenger entitled to berth, and use of steerage- room 4, p. 3311, § 1945 deck passenger insisting on remaining in part of boat where he has no right, may be removed by force 4, p. 3311, § 1945 ship liable for injury caubcd to passenger by dog kept on board 4, p. 3312, § 1045 ship liable for injury caused by ;inguarJed hole in deck. .4, p. 3312, § 1045 federal statute providing for inspection of steamships, appliance3 for life-saving nnl extinguishing fires, stowage of dangerous goods, uuml)er of passengers and accommodations 4, p. 3312, § 1946 federal statute limiting liability of carriers by water 4, p. 3313, § 1046 baggage of passengers not included in provisions of statute 4, p. 3314, § 1046 carriers by land cannot take advantage of it 4, p. 3314, § 1946 statute docs not apply to expressmen or carriers who use ships in which to transport goods 4, p. 3314, § 1046 navigation of great lakes not "inland navigation". ..4. p. 3314, § 1046 it embraces injurie- to jjcrson as well as to propertj*. .4. p. 3314, § 1046 acts of congress do 'ot impair common-law right of action by persons injured through negligence 4, p. 3314, 1946 9. Baggage. contract to carry passenger includes contract to carry, with- out extra charge, his baggage 4, p. 3315, § 1947 CARKIERS — CASHIEB. 6435 Carriers — (Continued. ) responsibility of carrier for baggage is same as that of a common carrier of goods 4, p. 3315, § 1947 liability for baggage of free passenger 4, p. 31 IG, § 1947 pordon carrying baggage for hire between different places on same train a common carrier 4, p. 331G, § 1947 that baggage does not accompany passenger on same train irrelevant 4, p. 331G, § 1947 rule that passenger must certify that trunk contains only wearing apparel reasonable 4. p. 331G, § 1947 parent may sue for wearing apjiarel of infant lost by rail- road 4, p. 3310, § 1047 what is and is not "baggage " 4, p. 3317, § 1943 es to goods not "baggage," carrier not liable as an in- surer.., 4, p. 3319, § 1943 carrier liable for "extra baggage " when paid for as such. 4, p. 3321, § 1949 what is and is not a sufficient delivery of baggage to chiu-ge carrier 4, p. 3321, § 1930 delivery of check prima facie evidence that bag^ago was received 4, p. 3322, § 1951 carrier liable for baggage t.iken by passenger into vehicle. 4, p. 3.?23, § 1!)53 but not for money, valualdes, etc., carried on his person. 4, p. 3324, § 1952 r&ilroad company not liabk- for bag of jewels dropped from window, it hiiving refused to stop train to recover it, 4, p. 3324, § 1952 liability of carrier continues until baggage is delivered to passenger or his agent 4, p. 3325, § 1953 carrier retaining trunk of passenger under its lien for fare liable for articles lost therefrom 4, p. 332G, § 1953 Btation platform proper place for carrier by rail to deliver baggage; should have its servants there to attend to receiving checks 4, p. 332G, § 1953 whore passenger's trunk is placed overnight by tlie carrier in waiting-room, pasr^enger can recover for bagnago stolen from it 4, p. 332G, § 1953 passenger must remove bagg^.ge within reasonable time. 4, p 3327, § 1054 Sunday law will not excuse passenger who arrives at his des- tiiiation on Suaday morning from demanding and re- ceiving his baggage 4, p. 3328, n, § 1954 nor passenger's illness 4, p. 3328, n, S 19.')4 nor lateness of hour of arrival 4, p. 3328, n, § 1954 what is reasonable time for passenger to remove his baggage a question of law 4, p. 3328, § 1954 Case of Need. what is 4, p. 2615, n, § 1475 Cashier. See Bank.-), 4. 64:36 CATS—CHAMrERTY. Cats. subjects of property 3, p. 2471, § ISCfl action fur injury or killing 3, p. 2t71), § 1373 keeping of by warehouseman evidence of care 3, p. 2471 w, § 1308 same as to carriers by water 3, p. 2471 n, § 13GG Cattle. See Animals. Cattle Yards. when a nuisance C, p. 4SCC, § 2901 Caveat Emptor. See Wakkanties. caveat emptor applies to purchases of depreciated bank bills by bankers or brokers 2, p. 9G7, § C36 Caveats. filing and effect of 4, p. 2872, §1070 Cemeteries. See BuRiAIf Censorship. freedom of the press guaranteed by tl; constitution; censor- ship abolished 3, p. 2178, § 1225 Certificates. of stock, see Corporations, 5; see, also, Certificates of Deposit; Re- ceivers. not a negotiable instrument 4, p. 25S4, § 1453 Certificate of Deposit. See Banks, 0. is a negotiable promissory note 4, p. S.ISt, § 1453 of national Lank not 4, p. SoSt, § 1 4r)3 protest of not necessary 4, p. 2o70, § 1526 Certification. See also Banks, 6. certification of check equivalent to acceptanco 2, p. 941, § 531 Certiorari. after judgment reversed, money paid under it may bo re- covered Lack; where assessment set .aside on certiorari, money voluntarily paid thereunder may be re- covered 6, p. 4220, § 2557 proper mode to take advantage of defects in proceedings to condemn land 7, p. C147, § 3902 Cesspools.. See Waters and Water-courses, 0. Champerty. maintenance defined; when and how illegal 0, p. 4002, § 2400 champerty defined. ,. 5, p. 4!:04, § 2400 champerty not illegal in some states 5, p. 4004, § 2401 legality of contract between attorney and client for com- pensation out of amount recovered 5, p. 4005, § 2402 2471, § inCfl 247!), § J. 373 171 n, § mCO 71 n, § 13GG 4SC0, § 2901 9G7, § C38 !872, § IC70 178, § 1225 3S4, § 1453 >S4, § 1453 5S4, § ]4,-)3 )70, § 152G n,§ 531 :0, § 2557 17, § 3902 2, § 2400 4, § 2400 4, § 2401 y, § 2402 CHAMrEIlTy — CHARITIES. fJ437 Champerty— (Continued.) aftertUoliti-jition eruled, or after judgment recovered, at- torni-y may purcliaao or take iii imyiiient of his fees part of tlie property received or part of judgment. 5, p. 400G, § 2102 where contract is dccliired void fnr champerty, attorney may recover value of liis services upon (juantum vicruU.fi, p. 4000, § 2102 no defense to action that plaintiff has made chamiiertous contract for prosecution 5, p. 400G, § 2402 parent may maintain a child's lawsuits vitliout being guilty of maintenance 2, p. 1471 § 811 Character. ' Seo Evidence, 9. Charitable Associations. See Charities. Charities. See also Taxation. " Charitable institutions " defined: what are and are not 2, p. IJ 32, § 622; pp. 1 1 70- 1 1 77, § C.13 society for missionary purposes i8.2, p. 1 132, § G22; pp. 117G 1 177, § 033 for prevention of cruelty to animalj is a 2.P-1132,§G22;pp. 117G1177, § G33 for protection to property from fiie is a 2, p. 11 33 § G22 corporation for business purposes though incidentally a charity, not a 2, p. 1134, § G22 rights and powers of charitable associations 2, p. 1135 § 023 trustees of charity guilty of breach of trust, trust fund not liable to indemnify sufferer 2, \\ 1135 § C"3 charity not liable for negligence of its a^^cnts; as sur- geons in hospital 2, p. 11.35, § 023 jurisdiction ofeiuity over charities and charitable trusts. 2, p. \VM\ § (J24 what is and what is not a " charity " 2, p. 113!) § C-'j gifts and bequests sustained as charitable 2, p. 114lj § G >5 gifts and be(juests not sustained as charitajjlo 2, p. 1150, § (J25 charitiesfavoredby the law; court will carry out intent ' of donor or testator if possible 2, x). W'y'^ s C>"(\ who may be trustee of a charity 2 7. 1 1 -. • ■* /mt who will take as benehciary of charitable gift 2, p. 115(J S G-'3 parol evidence admissible to remove doubt as to which of several similar religious bodies was intended by tes- ^ , 7; : ■ 2, p. lio/, § 623 trust void for uncertainty sustained in case of charity. 2, p. 1151), § G29 illustrations of bequests and devises held void for uiici.r- .„ ^^".*y"V, 2, p. 11C3.§ 629 illustratioiia of bequests and devises held not uncer- ,, ]""'"•.••••• 2, p. 11G.3,§ 629 the doctrine of cy-jms 2, p. ] 16S, § 630 trust for illegal objects not enforceable 2, p. 1171 § 631 ip 6433 CHARITIES — CITIZESSUIP. Charities- (Continued.) BUtutory limitations as to amount of testator's estate that may be devised to charity 2, p. statutory requiHites as to time at which charitable bequest must 1)0 nijide 2, p. visitors of charitable corporations; powers and duties. ..2, p. Charters. See ConronATioss; Municipal ConroRATioNS; Rail- roads, 1. nro "contracts" which cannot bo repealed or altcred.7, p. Charter-party. yee Siiirs AND SiiirrixQ, Chattel Mortgages. See MoKTUAUKS, V. Chattels. See Fixtures; Tersonal PRorERTT; and the various titles. Chattels Real. See also ItF.AL PROPKnTY. right of husband to wife's chattels real 2, p. Checks. See Banks, 6. certification of p.tyment of 4, p. protest of is not necessary 4, p. Chemical Works. chemical works, when a nuisance 6, p. Chickens. See Animaia Child. See Parent and Child. Chimneys. chimneys, when a nuisance 0, p. Chinese. See CiTrzKNSiiip, Choses in Action. See also AssncxMEN'T. what are clioses in action 2, p. right of husband to wife's personal choses iu action . . . .2, p. Churches. See IvELToious Societies. Citizenship. See Domicile. 1. In General. 2. Aliens; Rights and Disabilities of. 3. Naturalization. 1. In Ocneral. citizenship defined; in the United States 7, p. Indians, citizenship of 7, p. 1172, § 632 1172, § 632 I1S3, § C34 60S1, § 3S63 1346, § 737 2785, § 1606 2070, § 1526 4S70, § 3001 4SG0, § 2983 ■<339, § 734 1337, § 733 6039, § 3831 6040, § 3831 632 CITIZENSHIP, 6^3g Citizenship -(Continued. ) Chmose bora in United State, 7. p. 6040, § 3831 nght to change allegiance, and renounce citizenship.. 7,,, (jo41 « 'JS-Jl privileges and immunities. " of citizens of the United St.'ites ' * under the constitution 7 „ qq.o « ocoo citizen of any state has all rights of citizens in any ot'her "' ' , ''*''*°.--;-- 7, p. (50-13, § .1832 does not include ri«ht to hold omoe 7. p. G04.3, § 3S32 or rig. to practice Jaw 7, p. 0.-4.3 '.38.3.2 z ;>" f rr"'" '° ^'^^ 7. p. 0043, § .3S32 or right to take oy.ster,s in tide waters 7 ,, (;043 §3632 •tatute discriminating against publishers of books in other ^ '*''.*'' 7, p. C04.3, § .SS.32 or requiring security from non-resident in attachment. 7, p G043 JJ 3S3" .cense tax from non-resident 7, p. ,;o4:^' g .-^S.'io forbidding Chinese to be witnesses in civil cases. . . .7, p Gi!.13 s< 38.3-^ Statutes discriminating against negroes 7 „ 0)44' g •}S3>'> excluding colored children from white schools 7! n 0044* S 'iST*^ _ equal protection of the laws " construed 7 ' (J044' g 3S33 right to i.ractice law does not depend on United States citi- .. =="'ship j^ 208 § ]07 citizenship of corporatiou within federal laws 2. Aliens. 1, P- CIS. § 349; p. C19, § 350 right to hold or inherit property 7^ p. co4S, g 38.34 where alien female intermarries with citizen 7, p. g04<) § 3S34 foreign sovereign may sue in courts of this country. . . .7 p 0040 § .38.34 aliens cannot hold office nor be jurymen. .7, p. 5979, § 3501, 0049,' § 3S34 cannot be admitted to the bar 1^ p' 208 § 127 alien may enjoin publication of his unpublished or uncopy- nghted literary work 4, p. 2804, § 1618 non-resident alien cannot take out copyright 4, p. 281.3 § IG'^5 is entitled to protection of his trademarks '. . ' ' ' .. . 4, p. 2854, § 1045; 7. p. G049, § 3834 alien enemies cannot appoint agents i„_ 50 g but may be agent for absent princiijals .'.'"" V p' C ' § 6 woman's right to make will where husband is alien "enemy 3. Natr^ralization. ^' "^^ ''''''' § ^'^' congress, not the state, can exercise right of naturaliza- . , *'°"- ;••;••. 7, p. 6040, § .38.3.5 m what modes 13 citizenship by naturalization acquired . 7, p. G05() § 3S35 naturalization laws do not include Chinese or Indians..?, p. 6050* § 3S35 status of children of naturalized persons 7, p. G050,' § 3835 what is good moral character required by statute 7,' p. GO.lo' § 38' " what courts may admit to citizenship 7. p. G051 ' § 38 declaration of intention must be made in open court. .7,' p. C05l! § 3836 .'v.-U IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I IM 125 |50 — «f Ki |Z2 2.0 11:25 i 1.4 I MR! Ill 1.6 Va S^. /a ^"^ > ^> Photographic Sciences Corporation 23 WIST MAIN STRiET WEBSTER, NY. 14510 (716) 872.450 J w:p 1^.^ I GMO CITIZLNSUir — COLLATERAL SECLTJTY. Citizenship— (Continued.) record of naturali/iitioii cannot be impeached in collateral pniceeding 7, p. G052, § 3S33 ccrtificiito of clurk, when not comjietent to show natuniliy^- tioi., citizci\.sliip ctmiit be presuiued friiiu the hohling of real estate or of office 7, p. G0r)2, § 3830 court cannot make order of naturalization retroactive .7. p. CUj2, § 3S36 competent to amend nunc pro tunc record of naturalization proceedings 7, p. C052, § 3S36 City Solicitor. Heo Municipal CoRFOBATiONa, Clearing House. , See Ban:- a, Q. Clerk. See Offt h-z of rotjRT; Attorskt and Cliest, 4. cannot s - . v.S'iomer in his own name 1, p. 201 ,9 123 memorandi::u> .'said may be signed by auctioneer's clerk. 1, p. 3&4, § 210 may repros<)iK l.i.wyer in ordinary business of office. ... 1, p. 272, § 163 not pruhibitr' frun. commencing business himself, and act- ing K^uinsii master's former clients It P> 272, § 163 has no authority to discontinue action 1, p. 272, § 163 cannot bind client by discharge without satisfaction. ...1, p. 272, § 163 Clubs. are not partnerships or joint-stock companies 2, p. 1076, § 601 social aud political clubs are partnersliip-i 3, p. 1191, § 635 riglit'' of members to property of club 2, p. 1070, § 602 rights of majority of members 2, p. 1070, § 602 court will not order admission of member 2, p. 1076, § 002 member of, cannot bo expelled without notice and hear- ing 2, p. 1070, § C02 as to power of expulsion of members, see Cinpor.ATioss.l, p. Clo, § 388 liabilities of members for club debts 2, p. 1077, § COS Coaches. See Carriers, C. Codicil. See Wills, 1, 7. Cohabitation. See Immoralitt. Coin. • gold and silver and copper coin issued by the government is personal property 3, p. 2414, § 1351 gold coin issued by private person is personal property.3, p. 2444, § 1.351 paper currency, as bank notes, is personal property. . . .3, p. 2414, § 1351 Collateral Security. See aUo PLEULiR. implied power of bank to take and hold stock and bonds as collateral security 2, p. 859, § 511 611 COLLECTION— COMrLAINT. G441 Collection. See Hanks. implied power of agent to collect 1, p. 104, § C>7 construjtiou of " callejt " iu authority to a^'cat. .... 1, ^.p. SJ-UJ, § C2 Collisions. See Ships and Suippiso. Collusion. See Divorce, 4. Color. as an impeiliment to mirriige 2, n. 1297 § 705 riylit of c irrier to discrimiuate between passengerd on ac- count of color 4^ J,. 32o-2, § 1002 Color of Title. See Al.VKUSE POSSESSIOX. Combinations. See CoxspiRACT. comhinationa of workmen, wlien illpgal.l, p. 400, § 20:); 6, p. 4020, § 2409 cuuibiuationj of e:nployer3 or trad ;rs for piirp >s.33 operat- ing in restraint of trade or free einpluynient of Libor, j^legal 6^ p. 4321, §2110 Comity. See C mroRATioxs, 2 ; Conflict ok Laws. Commerce. See CoxsTiTrTrovAi. Law, 8. Commission Merchant. Sec Factors. Commission. See Adctiovs, 5; Brokers and Factors, 4; Principal A.ND AGt.\r, 13, Committee. of lunatics, see LrxATlCS, "Common Counts." the "common counts " in assumpsit described 7, p. 5734, § 3559 Community Property. community property, rights of husband and wife in. . . .2, p. 1.'{S2, § 7.-)2 descent of community |)Mper;y 6, p. 5Joj, g 3102 "Comparative Negligence." rule of " comparative uegligence" in Illinois, Georgia and Kansas 3_ ,,. oijj), § jjOj the doctrine of, explained and iduatrated 1, p. iiUi, ^ :J17 Compensation. of agent, see Pr.TxciPAL and Agent, 13. See also Sekvick.s. members not entitled to compensition for conducting bnsi- nu33 of association 2, p. IQCD, § 533 Complaint. See Pleading and Practice, 2. G442 coMrosiTioN — condonation. Composition. with crcilitora, SCO Co3iruoMisE3. Compounding. com^jroniido or compoundiii!; of felonies, misdemeanors, or any public olLiiscs illc;,'al, and agrcemcuts iuvulving Biicli coinproiiiiacs, cither ia whole or iu part, void 5, p. 3999, Compromises. payment uf part of debt no consideration for promise to discliari^o residue 6, p. 3773, exceptions to this rule 5, p. 3774, comproiiii.io of a doubtful riylit is a good consideration.. 6, p. 3775, coinpositiou ayreeenicutj between debtor and creditor are good consideration, when mutual 5, p. 3775, creditors may attach any conditions to his signature to composition .igrecment 5, p. 3776, if debtor fails to fullill condition as to one creditor, all creditors are released 5, p, 3776, misrepiesentatiou by debtor as to the amount of Ium indebt- edness or his assets, or other matters, will avoid C(miposition 5, p. 3776, in composition agreements, agreement preferring single creditors are void 5, p. 4001, implied poiver of agent to compromise 1, p. 103, implied power of attorney to make compromises. 1, p. 2S'2 to 28."), factor no authority to compromise debt 1, p. 422, Concealment. See Fal.se RErRE.SESTATioNS; L«'SCKA>'ce, 2, L Conditional Estates. Sue Heal Piiopeutv, 4. Conditional Limitation. conditional limitation, what is, efTect of 0, p. 4502, Conditions. iu wills, see Wills, 5. precedent and subseciuent, see also Real PRorERTV, 4. mutual conditions precedent when dependent and when in> dependent of each other 5, p. 4152, part performance or defective performance of condition precedent not suilieient 6, p. 4154, in what manner may performance of conditions precedent be waived or discharged 6, p. 4155, contract may be terminable on happening of condition sub- se([nent 5, p. 4159, performance of conditions subsequent excused by act of (ioii 5, p. 41G0, Condonation. See DivoiiCE, 4. §2397 § 2?-A § 22.-) 1 § 2251 § 2252 § 2252 §2252 §2252 § 2;]99 § 07 § 171 § 229 §2763 § 2503 §2509 §2510 §2511 §2511 CONFESSIONS — CONFLICT OF LAWS. C443 Confessions. See EviDKVCF, 1, Conflict of Laws. law of state has no force beyond its jurisdi tion except by coi'ity 7, J,. 5S30, §3713 rule of comity cannot prevail so as to allow a forii.;u law to counteract general proliil.itory law 7, p. CS30, § 3715 comity docs not extend to recognition of liens given by for- eign law, wlicn it would operate pit juilicially to ri-lits of otheis in country wlicro lieu asserted 7, p. :S30, § 3715 statute law of another state will be enforced, if not a;,'aiii.-it pul)lic policy, whcu such law has entered into con- tract 7, p. 5S30, § 371 3 comity is overruled by positive law 7, p. 5j30, g 3715 courts of state from which statute taken will follow c^n- struttion of state enacting it 7, p. r,S?>], § 3710 law of other stiites presumed to be common law 7, j), 5S31, § 3715 contracts in general governed by law of what place 5, p. 375S, § '2-2i2: 7, p. 5S31, § 3715 contract contra honos mores, though legal in country where made, will not be enforced in courts of anc/ther state or country 7, p. 5S34, §3716 nor where contrary to the statute or public policy of latter state, or is to tb' detriment of its citizens 7, p. 5S34, § 3716 state will not enforce contracts made elsewhere by its citi- zens, if they are in violation and fraud of its laws 7, p. 5S3 1. § 3716 contract void where made is void everywhere 7, p. 5S34, § 3716 title to and conveyances of real property governed by what law 7, p. 5S35, § 3717 title to and conveyauces of personal pro^ crty governetl by what law 7, j,. 55=30, §3717 contracts of conveyance governed by what law 7, p. 5S37, g 3713 validity and construction of negotiable in.:>truuieuts governed bylaw of what state 7, p. 5S3S, §3710 measure of damages in actions against parties to negotiable instruments, how governed 7, p. 5S41, § 3719 sales of property governed by laws of w hut ttate 7, p. 5S4'J, g 37JO transfer of stock governed by laws of \\h;;t stale 7, p. 5S43, S oTl'l voluntary assignments of personal property governed by laws of what state 7, p. 5S43, § 3722 rule as to voluntary assignment of real property 7, p. 584"), § 37'J3 rule as to involuntary assignments 7, p. 5S45, § 37i'-4 foreign bankrupt or insolvency laws and discharges in bank- ruptcy proceedings ha\e no extra-territorial force 7, p. 6S46, § 3724 C414 CONFLICT OF LAWS— CONFUSION OF TROPERTY. Conflict of Laws- (Continued.) marriage valid where celebrated valid everywhere; marriage invalid in cotiiitry where celebrated, invalid every- where; ri^'lits dependent on nuptial contract are gov- erned by what law 7, p. .'>S47, § HTM divnrce v.ilid w!:ere ginnted is valid everywhere 7, p. 5Sj1, § 37-8 aliter as to divfjri'e obtained abroad by fraud, or granted without jurisdiction 7, p. CSol, § 372Q questions of minority or majority of infants are governed by what law 7, p. 5S52, § n723 mortgages', validity and constiuction of, governed by wl.at law 7, p. CS52, § 37'23 wills, validity and constructiou of, governed by what law 7, p. 5F55. § 3729 validity of gift ciusa mori'm 7, p. 5^57, § 37129 desc»i..t and distribution of real and j crsonal estate. . ..7, J'. f)Sr)7, § 3730 penal laws of one country have no operation in another. 7, p. 5S00, § 3731 action to recover penalty imposed by statute will not lie outside of state which enacted law p. SSGO, § 3731 tort being personal, rcdrtss may bo sought wherever wrong doer foun.l 7, p. RSOl, § 373V inj'iry to person; law of which state governs 7, p. 5SG1, § 3732 causes of actioD ari.'sing under statutes of one state may be enforced in another state, when 7, p. 5SC4, § 3733 action for trespass to lands in a fordgn country cannot be sustained 7, p. CSC2, § 3733 remedy under ttatutrs giving action for injury causing death local, and action can only be brought in state who.se statutes give it, and where the killing and death took place 7, p. fiSOn, § 3733 remedies upon contract regulated by law at what place. 7, p. CSOG, § 3734 defenses to action regulated by law at what place 7, p. r.8C8, § 373G; 7, p. 5SG7, § 3735 regularity of jirooecding'* by which personal property at- taclied and sold I nder execution determined by law of the state in which proceedings had 7, p. 5SCS, § 3737 form of judgment to be rendered and of executinns to be is- fcued must cnnfonu to Icx/ori 7, p. flSGS, § 3737 limitation on act. on as to time regulated by the law of wl at state 7, p. f)SG!), § 3733 questions of evidence are exclusively for lex fori. 7, p. 5870, § 3739 rate of interest governed by what law 7, p. CS70, § 374'J dower is assigned uniler law iu force at time of husliand's death 3, p. 1123, § 77U; 2, p. 1409, § 773 Confusion of Property. coniusion deliiied 3, p. 2.^a'>, § 1313 title by 3, p. 2390, § 1313 CONFLSION OF 1-ROPEllTY— CONSPIBACY. G41o Confusion of Property -{Continue.l .) by n.iscon.lu.t of larty 3. p. S.IOfi. § ini9 ly consent of ,,art.c..s 3. .. L'^S § l.TJO Ly„..takeofp:u.ty 3, ...<.: K^:: by act of s ra„,,er 3. p. L':j;.;.. § I..-, by ...cv.taWc. .,:ci,lent 3 '•>"•'■"• ""y"- 3, p. UIOU SUM a;,'ent must not mix bis prop. ,fy „ith tl.atof prin- ipr.1.1 p 1;m' s .ji where a-ent .lop,„its money ,.f prindMal j,, i.^uk in his own name, ho is liable for lo^s if l.ank fail l ,,. 134 § 9, where agent mingles prinoipals money with hi-, own 81 that It cannot b.i followol, prinoii)al cannot recover it specif- , ^'^"y • l.p. 134.§ 91 rule where property of third person is mixed with property of defendant; lialulity of sherilF m.dsii^r k-vy . .7, j,. C030 § 3S'>7 proparty of defendant mixed with another's liable t) attach- , """' ,-. 7, p. 55.12, § 3553 wuen mortgagor mixes his goods with others, all become Connivan'oo.''"-""'"""'"'^ 6, „. =012, S 308. .See Divorce, 4. Consanguinity. cohsangninity as an impediment to marriaffo 2 n l"Or. 6 7ru Consent. ....*, p. i-jo, 3 fl s -a Consolidation. ••••■i, p. i-u, ^ .3 Sju also CoiiPou.VTioNS. of eorpoiatious 1, p. 014, § 3-17; 1. p. CIO. § .340; 1. p. C42, § 378 Conspiracy. * . a o«o See Acnoxs. detinel o ,-0- „ 3, p. 17^5 § 10J7 notactioinble unless resultin,' in dmiage to plaintilF. . .3. p. 17S5, § lot; and something is done in pursuance thereof 3 » ITS-,' s 11117 G44G CONSriRACY — COXSTlTUTIONiVL LAW. Conspiracy -(r<)ntinii, or to dictate terms to ein[>loyer3 by means of threats, illegal 1, p. 500, § 200 Constitutional Conventions. See CoN.sriruTioNAL Law, 2. Constitutional Law. state rcj^ulation of fishing, sec Fisn. as to control of state over streams, sco Waters an'T> Water* COUKSES 4. See also Okkiclr-S an'd Offices; Eiiint.nt Domain; Taxa« TION. 1. CoNSTITLTtOSAL T.AW IN GeNEUAL. 2. Constitutional Convkntions. 3. LEtilSLATlVE PoWKliS. 4. Statltks. See Staittes. 5. Judicial PowEii. See also .TrnTsnirrTov; .Trnr. 6. REiuospiccriVE Laws; Laws l.MPAiKiNa Oblhiatiom o» Co.NTUAcTs; Ex Post Facto Laws. 7. Reoci.ation o' Co.mmeiice. 8. Police Puwek. 1. CoiiftitKtiiiiKil Low in General, ••constitution" defined 7, p. 5S77, §3741 when is law unC():istitutional 7. p. 5S77, § .'1741 legislature acts under delegated anth rity 7, p. 5S77, § 3741 person may waive constitutional jirovision for his benetit, except where compliance with it absolutely required, 7, p. r.S78, § 3741 one who procures passage of an act, or derives interest from it cannot repuiliate act as unconstitutional 7, p. 5878, §3741 rules concerning construction of statutes apply to construc- tion of constitutions 7, p. 5S78, § 3742 290 CONSTITUTIONAL LAW. Ctl47 Constitutional Law-(Continiie(l. ) coiiteiiii.or.im;uiucui,«tructioii(.f oonstitntioiifdllow}.!..?, p. .^873, §3742 pruvisioi.8 borrowed from ollitT «t,ito, coiutruotioa l.y ctirts ^!''^"'*^'^' 7. p. 5S79, § 374-J expression of one tliin- in uxolusiuu of tliiii- iiot ej prcs.su.l, . , ., .,. 7, p. 5S79. § 3742 m iil.it.ons arc implied as w.-ll as expressed 7, p. 5379, § 3742 Wliere irri-cunciliil.lo coiillict Lutw.H-ii two provision! of con- stitutiou, more comprolio.isivo and bpueilic control, , , . 7. p. 5379, § 3742 words used in a constitution accorded popular rath;r than teoluiical sii..>ilic;ition 7, j,. 5379^ g 374.J word 'l.iw.-'si-nifies statute, bill or Io-i>lativo cna. tmunt- meut, regardless of its coustitutiouality or validity, 7. p. 5879, § 3742 courts liavo power to declare acts of legislature uncon.sti- *"^'""»' 7. p. 5SSL', §374t power should only he exorcisL'd by superior c.mrts 7, p. 5SS3, § 3744 decision of court of final resort is binding on all other courts until reversed 7 p 5333 g 37^ court will not declare statute void unless absolutely neces- sary to determination of a cause before it 7, p. 5SS3 § 3745 nor in absence of majority of judges 7 p 5333 ' a 3743 nor in prel.n.inary proceedings in case 7, p. 5383, § 3745 nor at the suit of mere vohint -er or one whose ri-hts not "t"'"'' 7. p. 5SS3,§3745 nor where statute does not infringe some provision in constitution 17 „ -001 at-i- presumption is in favor of vali.lity of statutes 7, p. 538.1 § 3745 persons acti-.g under unconstitutiimal statutj liable as tres- .... PTfr • 7. p. 5SSfi, § 3746 liability of olhcjrsa.jtingund.runc.mstitutional statute. 7, p. 5S8J, §3740 persons may be enjoined from acting under unconstitutional ,.,, .''*'*;?'•;••; 7.p.5S86,§3746 bills issued by b;ink under unconstitutional law, void. .3, p. cjc;}, § 536 unconstitutional statute no defense to action against carrier for refusing to carry 4^ p, gog^^ g ,.9^ contract in violation of constitution of United States, whether mule by United States, a state, or an indi- vidual invalid 5,p.39Dl,§2393 constitutional limititions on power to charter corpora- 2. ConMUutccZi Co,ivaitions. ^^ ^' ^^' ^ ^^ writt.u constitutions of the states adopted in constitutional conventions 7, p. 5880, § 3743 power of territrries to adopt constitution with consent of *""«'«" 7, p. 5880, §3743 644S CONSTITUTIONAL LAW. Constitutional Law— (Continued, ) constitutiiiu not oiicrativo until adopted by pcoplo at elec- tion 7. J,. r)SSO, g^TH constitution nny Iw amen led or r ■vis
      ■ 5SS0, § i<7-i3 amondnient doei not bi'conic opu ativo by vote until after onicial pioniuli,'ation of result 7, p. .'iSSO, § 37 13 amondn. 5SS0, § 3743 where convention called to amend eonsbitiitiiwi in certain part, amendments to utiier parU cannot be siibmt- ted 7, p. 5831, §?1743 convention has no power to pass an urdinanee repealing a'.'ts of state legiiilature, under which rights have vested 7. p 5SS1, §37-13 has no power to grant new trinls 7, p. 5S3l, S o713 where convention has acted within scope of power?, errors of procedure cannot be 'Kiuired into by ourts. ..7, i). 5SS1, § 3743 where legislation necessary to give f fTejt to jirovision, laws in force at the time remain in force until such h .i^is- lation 7, p. 5S81, § 3741 prohibition in constitution against local or special legislation is prospective only 7, p. 5881, § 3743 does not repeal local statutes containing provisions inconsis- tent therewith 7, p. 5881, § 3743 constitutional convention may print and 2)ublis!i its proceed- ingg 7, p. 5882, §3843 SL Legislative Powers, powers of the federal government 2, p. 993, § 552; 7, p. 5SS3, whatever not conferred on is reserved to states 7, p. o8S8, conflict between stitutes and treaties 7, p. 5sSi), state law must yield to federal law 7, p. 5SSS), state law must not conflict with federal constitution. ..7, p. SSS!), state law does not ' ind federal ollicers 7, p. 58 S9, state constitution cannot proliibit federal judges from charg- ing on questions of fact 7, i). 5STO, powers of the states 7, p. 5S;)(). conflict between state and federal laws. 7, p. 5889, § 3750; p. 58!);), legislature cannot interfere with executive 7, p. 5S H , cannot submit law to decision of peop'ts 7, p. AS;)J, cannot delegate its powers 7, p. 5S9I , when delegation of legislative power permitted 7, j). 5S92, validity of " local option " laws 7, p. 5834 n, legislature cannot bind its successors 7, p. 5S9">, legislature cannot pass irrepealable law 7, p. SSO"), legislature may make contract to bind it in future . ...7, p. 58J5, § 3754 §3: § §3- §3; §3' S3 §.T §3 §3' §5; §3 §3: §3 §3 43 43 Ad 53 59 50 '5a ■51 ■51 52 ■53 $73 5 J 51 54 54 .{749 CONSTITUTIONAr, LAW. C44!) Conatitutional Law (i ontinurd ) upnoial or loi;:il lo;,'iiliiti<)n pruliil.itfil in aoino states. . ..7, p. S'flr), § .17">5 Mliiit lire " local " or " Hin'riil " laws 7. ji. '.siMI, § itT'ii what aro " juivate or local " a "ts 7, |i. Sb'JS, § .'{T.lii lo^jislatiiro lia^i no power to ;;raiit pirs iial prlvilci^oM or siis- peiul operation of general laws in fav, S .S757 what laws ilo and do not fall tlicrc>nii!i;,'ition" 7, 1'. (5073, § 3S.>1 jirohihition is confintd to laws passed after contract made 7, p. 0073, § 3851 immaterial whether they orij.'ina or secondary liahility. .7, p. (i<'73, § 3852 "oldigatiou" of contract inchides the remedies upon it. 7, p. G074, § 38.')2 what contracts iv A ineluikd 7, p. Gl-i7">, § 38.")3 statute prohihitini; making of contracts 7, p. G07t:, S 3S53 statute which renii-vcs in. pediment, and allows contract to be enforced. 7, j). G075, § 3S53 a law wliich nurelj' varies consifiuences, without clian- gipg character of contract 7, p. Gf>75, § 3853 contract of marria;.'c not within prohibition 7. p G075, S 3S53 judgment not a '•eiirations 7, p. nor ti'i III of pulilic olfiie nor its emolununts 7, p. nor riglit to tax 7, [>. nor riglits in expectancy 7, p. rules of (leHceiit may be cliani,'r(l 7, p. incipient rights not perfccteil, given l)y statute 7. p. qualities annexeil to estates 7, p charters are " contracts " wiiich cannot bo rcpoaleil or altered 7, p. bank charier a " contract " 2, p. legislature cannot create or take away rights of action for 1 : ^ acts 7, p no vested right in r'Mneilies; state may change them 'ven as to wrongs already committed 7, j". logis'ature may alter rules of evidence, or ch.inge burden of proof 7, p. defects and errors in conveyances may be corrected liy rctio- Bpective laws 7, p. 80 as to defects or irregularities in judicial proceed- ings 7, pp. COS!) CO!) \ statute of limitations when reasonable may bo applied to existing contracts 7, p. right bai red by statute, cannot be revived by retrospective legislation 7, p. defense of statute of limitations a vested right which can- not bo imjtaired "J, p. " ex po.4 /actu " laws, wliat are 7, p. "bills of credit," what are 7, p. 7. Jicijiilafion of Commerce. regulation of commerce prohibited to the state 7. p. what is commerce 7, p. state statutes luid void as regulations of commerce 7, p. state statutes held valid as not being regulations of com- merce 7, p. duty of tonnage, what is 7, i>. 'vharfage dues are not 7, p. statutes as to pilots or pilotage 7, p. patents and copyrights, jurisdiction of congress as to. . .7, p. state statutes limiting or regulating sale of patent rights void 7, p. power of congress to establish bankruptcy laws 7, p. C07S, § 3S57 (HISS, § 3H(;7 JIOTS, § 3s:)7 GOTeS, 8 3S.-,8 GOT!!, S .'H-S GOTi), § ;(ti')a COT'.I, g 3 -co GUSI, S 3Sli'2 CUSS, 8 .'kSG? CO^S. S 3Sii7 GOSS, § 3.sii7 G bS, § 3SG7 GOSl, § 38(;3 bJS, § MU :oS4, § 3SG4 C0S4, § 3SG5 COST, §3SC^ C0S9, § nsG8 §§ 3SfiS-3SG9 0090, § 3ST0 CC91, §3870 G091, § 3870 Gl (;•_', S ."ST 7 G104, §3S78 cno2 g3S7l (m-2 § nsTi G0!)4, S 3ST2 GODS § 3.ST3 Goyii §3fc7l GO'JO § 3874 GloO § 3s74 GlOO §3i)7j 0101 § 3S75 0101 §3870 6452 CONSTITUTIONAL LAW. Constitutional Law— (Continued.) state bankrupt or insolvent laws, when valid 7, p. GlOl, § nS76 void as to debts previously contracted .7, JJ. 0101, § 3S76 state law eaunot bind du'zens of otlier states 7, p. ClOl, § oS70 legislature may reyulate eultivation and cutting of ice.. 3, p. 2431), § 13-15 8. Police Potver. state eauuot by contract bind itself as to police power 7, p. 60S1, § 3SG1 the police power defined; its extent 7, jj. 0157, § S'Jj? state has power to regulate marriage 7, p. G157, § 3908 state may prescribe how divorces shall be obtained 7, p. 0157, § 3908 state may regulate education and schools 7, p. 0158, § 3909 employments are subject to control under power of police, and may be regulated and restricted 7, p. 0159, § 3910 state may forbid classes of persons being employed in occu- pations which their age, sex or health renders unsuit- able 7, p. 6159, § 3910 legislature may prohibit doing business by agent of foreign insurance company without license 7, p. 61 GO, § 3910 cannot prevent persons from buying or selling 7, p. 6100, § 3910 statute making it unlawful to make cigars iu tenement houses unconstitutional 7, p. 6160, § 3910 state may forbid practice of surgery or medicine without license 7, p. GIGO, §3911 may forbid practice of law without lioeuse 7, p. 01 GO, § 31)11 may forbid practice of dentistry without license 7, p. 01 G7, § 3911 may regulate use of property injurious to morals. . . .7, p. G1G9, § 3912 may prohibit lotteries 7, p. 0109, S oJ12 may prohibit use of properly dangerous to public healih or safety 7, p. 0109, §3913 statutes held valid under this p< wer 7, p. 0170, § 3913 state may forbid discriminations by common carriers iu passengers or goods 7, p. 0171, § 3914 may fix rates of transportation, and compel submission to supervision of commissioners 7, p. 6171, § 3914 may rtijuire tracts to be fenced or bo absolutely liable, or in double damages 7, p. 6172, § 3914 require railroad.^ to advertise annually and adhere throuj^h year to tariff of fares 7, p. 6172, § 3914 require railroad to establish station at cert;viu point and run certain number of trains caL:h day 7, p. 0172, § 3914 make railroads liable for damages from ficcs 7, p. 0172, § 3914 require railroads to build and maintain lii^huay or farm crossings 2, p. 1002. § 504; 7, p. 6172, § 3914 compel railroads to maintain depots and waiting rooms at crossings 7, p. 6172, § 3914 require certificate as to color blindness from engineers.. 7, p. 0173, § 3914 }Ji CONSTITUTIOXAl, LAW. 0453 Constitutional Law— (Continued.) state may recjuiri) railroads to check speed, to rin^ or wliistle, or have llajinien at certain places 7, p (ilTH, § 3f)14 state may authorize abatement of nuisance G, p. ITii'J, g l'*''^3 state miy prohibit sale of intoxicating drinks 7, p. (;17:$, g 3:i|.) statemay require license for sale even of ini[>.)rtedIif Covtrnrts. different kimls of contracts — sample— contracts under seal — contracts of record 5, p. ."jyit, § 2221 express and implied contracts defined and distinguished. 5, p. 374 1, § 2221 promise implied where equity and good cnnsjieuce require one, even thou;;h none expressly made 5, p. 3744, § 2221 promise will not be implied where there is exj^ress con- tract 5, p. 3744^ §2221 contract will not be implied where express contract would be invalid 5, p. 3744^ g oooj agreement deHned . 5, p. 374 1, § 2222 parties intention immaterial; law looks only at expressions or words used 5, p. 3745^ § 2222 intention not conmiuiiieated, or witlidi awn before comiiiu- nicated, or con niunicattd only to third person, is in general inojerati ve 5, p. 3745, § 2222 contract formal and ccnnpKte, yet understood as jrst, not binding 5, p. n7tj, §2222 promise defined 5, p. 374.5^ § 0003 promissory expressions do not constitute i)romiso, and can- not make contract 5, p 3745, § 2223 promise not as-ented to by promisee not binding ujmn prom- >«"«■ 5, p. 3746, §2223 representat'ons, when binding 6, p. 3747, 8 2224 party making representation on which another acts may be estopped to deny its truth 6, p. 3747, § 2225 warranty defined 6, p. 3747, §2226 G456 CONTliACTS. Contracts - (r'ontinueil.) wlioii repiesi'iitatioiis arc not warranties 5, p. "7 -IS, §2227 a contract may lie m !4 offer may be revoked at any time before acceptance 5, p. 375G, § 2235 revocation must be comtnunicated to person to whom off^T made before or at time of his communicating accept- ance 5, p. 375a, g 2235 offer may bo revoked, although it expressly allow? certain ,. ^y time for acceiiting it 5, p, 375G, § 2235 not when there is agreement that party may acce[)t it within certain time 5, p. 3750, § 2235 revocation of offer made by post 5, p. 3757, § 2236 acceptance may be revoked before vicoive 1 by offerer, .5, p. 3757, § 2237 offer is revoked by death of offerer or olFereo before accept- ance 5, p. 3757, § 2233 after rejecting offer party cannot accept it without new offer 5, p. 3758, § 2239 an offer is not assignable 5i p. 3753, § 2240 contract is considered made at time of acce^itance and not at time of offer 6, p. 3753, § 2241 contract is considered as entered into at place where accept- ance is made 6, p. 3758, § 2242 contract must be mutual — /. e., biudiug on both parties. 5, p. 3759, § 2243 COXTItACTS. Glol Contracts— (Continued.) promiae la :kin^' mutuality at incejjtimi becomes bindin;^ on prjiiiisor jifter j);! fonnanci; hy proinisoo 5, ]>. ?,'oO, § 2243 where party tn-aLs writt n cojitrai-t as biinlin.', such coiitr.ict U'lt Void for want of mutu vlity 5, p. 375^, § 2243 want of mutuality no objection in cjiity if the agreement signed by [i irty to be charged 5, p. 37,")'). § 22 13 implied power oi attorney to contra t 1, p. 2 J, § 171 waving contract and suing on tort 3, p. 17:JS, § 1026 waiving tort and suing on contract 3, p. I7;{ ), g l()_>7 trust does not lesult from mere bre.ich of contract 4, p. 3127, § 2j13 2, CoiislileratUm. promise without con =iid oration not binding 5, p. 3701, § 22ti Co.isideration dctuied 5, p. .37()-, § 2-'44 need not bj of pecuniary value 5, p. 37(J2 », ^ 2214 niutu d promi-es will support caeh other 5, p. 3705, § 2244 what is a sullijient c )n3ider.ition to uphold a promise .5. p. 37ti."{, :; 2214 whatis notasuinneiitconsiderationtouiihold apronii3e,5, p. 37Go, §2244 contracts under seal do not require a consideration 5, j). 37G7, § 2245 negotiable paper is presumed to have been given for cons.d- eration 5, p. 3707, § 22 tj adequacy of eon, § 2247 "good "and " valuable" consideration distinguished, .5, p. 37G'J, §2243 promise made under moral obligation is not made on sulB- cient consideration 5, p. 3770, § 2219 in certain cases miral obligation considered sufficient consid- eration to support promise 5, p. 3771, § 22 19 moral obligation to i)iy legil interest on usurious bond sulli- cient consideration to support new bond with Igil interest 5, p. 3771, §2219 debt barred by statute of limitations, or by operation of law not all'd .•ting right, siifHjient consideration for now promise to pay it 5, p, 3771, § 2249 promise to do wiiat party already legally bound to do not a consideration 5, p. 3772, § 2250 voluntary rest ration of what one enti led to not good consid- erati(m 5, p 3772, § 22'.0 nor refraining from illegal act 5, p. 3772, § 22'>0 nor p lyment of ilebt clearly due 5, p. 3773, § 2250 promise of surety to pay debt for which he is already liable will not su|)porb mortgage , . , 5, p. 3773, § 2250 agrcGment to give olfi jer or witness more than allowed by law not enforceable 5. p. 3773, § 2250 payment of part of debt in consideration of promise to dii- charge resi.lue 5, p. 3773, § 2251 6453 CONTRACTS. Contracts— (Continued. ) coniiiroiiiisos and deeds of comiiosition with creditors And Ecc CoMriKjMisE.s. 6, p. 3775, § 2251 ; 5, p, 3775, § 2252 waiver of legal right sufTicient couaidemtiuu for pro:ui.,a made on account of waiver 5, p. 3776, § 2253 forbearaiico of le^^al proceedings by person entitled to sue valid consideration for prondsc 5, p. 3777, § 2253 legal cause of action rccjuisito 5, p. 3778, § 2253 incurring legal liability for another a i;o(>d otnsidtration. 5, p. 3779i §225-4 marriage a valuable consideratinn, and will support contract made in consideration of it 5, j). 3780, § 2255 marriage sufficient considcyatiun to support promise by third party to husband or wife 5, p. 3780, § 2255 promise of infant to marry is good consideration for corre- sponding promise 5, p. 3780, § 2255 expectation on the part of promisee that promisor would marry her not suilicieut cousideratiou for x^i'omiso 5, p. 3780, § 2255 where consideration is partly void, promise remains sup- ported 6, p. 3780, § 2250 where part of consideration is illegal, whole promise is void unless parts arc severable 6, p. 3780, § 225(5 consideration is either executory or executed 5, p. 3781, § 2257 past consideratioa is insullicieiit 6, p. 3781 , § 2253 except when there is a previa. us request 6, p. 3781, § 2259 money i)aid on request 5, p. 37S2, § 22C0 no liability to pay for services rendered without request See Skuvicks 6, p. 3782, § 22G1 aliterwheu consideration is ofTerediu manner importing in- tention to be paid for them 6, p. 3783, §2202 when person obtains a benefit by fraud, he cannot set up ab- sence of previous request to show want of considera- tion 6, p. 3783, §2203 total failure of consideration a good defense to suit on con- tract 5, p. 3784, § 22G4 illegality of consideration cannot be pleaded as "failure of consideration" 5, p. 3784, § 2204 3. Contracts Under Seal, See Dekds. 4. Contracts in Writing. See Sta I utk of Fkauds. party need not sign contract at end or bottom 5, p. 3880, § 2303 in what manner may contract be signed 5, p. 3830, § 2303 contract may bind both parties named therein, although signed only by one 5, p. 3880, § 2308 except when required by statute, written contract need not etate consideration 5, p. 3880, §2303 JtP i CONTRACTS. 64;j9 Contracts— (Continued.) all contracts not under seal are contracts by pirol 6, p. SSSO, g CHOS terms nat ineliulod in written contracts not bimlin;,'. . . .5, p. .^SaI, ij i?.'{0'J written contract cannot bo varioil by paiol evidence. . .5. p. .^^SI, S - ''10 exceptions 5, p. ;'i,si, g -JiJll See EviDi'.NcE. construction of contract in writing; is for court 5, p. 3SS!?, § 2?A5 several in.striiini(l .-vi a!»uu3b pablic p )licy, unless injuriiuis to iiitcrcats of pul.Iio 5, p. 3D3S, § 23?2 contract will be duil.iroil v )i(l, altliDugli, in t1la^ particu- lar iustanoo, no injiry to the public in.vy have re- sulted 5, p. 3933, §2393 what CDiistitiites public poli y, and wli:\t contravenes it, (jUL'stion of law for the court 5, p. 3938, § 2392 illustr.itions of contracts held invalid for violatizig jirin- cii)les of law 5, p. 3938. § 2393 where act is prohibited by st.it ite, contract to do act is un- enforooablo 5, p. 39D1, § 2393 contract in violation of constitution of Unite I Stitcs, whether ma la by United States, a state or an indi- vidual, invalid 5, p. 3991, § 2393 where statute pronounces penalty for an act, contract founded on such act is void 5, p. 3991, § 2393 a statute prohibiting^ the making contracts, except in a cer- tain manner, ipno facto makes them void if made ia any other way 5, p. 3992, § 2393 courts will not, even with the consent of the parties, enforce contract in violation of a statute 5, p. 3992, § 2393 where contract made in violation of statute is void, subse- quent repeal of statute does not make it valid. .5, p. 3992, § 2393 illustrations of contracts void because in conilict with statutes 5, p. 3992, § 2393 contracts vicdating foreign laws, when invalid 5, p. 3993, § 2394 agrecmimts or contracts interfering with or influencing action of the government, legislature or public oilicers arc void 5, p. 3991, §2395 illustrations of said contracts 5, p, 3994, § 239J Bale of public ollijes illegal, and a contract for such an object is void 5, p, 3997, § 2390 salary or emoluments of public office cannot be sold or a-isigiied by h(dder 5, p. 3997, § 2390 agreements having tendency to pervert or influence courao of public justice illegal and void 5, p. 3993, § 2397 compromise or compounding of felonies, mislemeinors or any public ollenses illegxl, and agreemcnti involving such comprjuiises, either in whole or in part, void 5, p. 3999, § 2397 agreements in fraud of the bankruptcy laws are void. .5, p. 4000, § 2393 iu composition .igreemcnts, agreement preferring siiJgle cred- itors is void 5, p. 4C01, §2399 CONTRACTa. 64G1 Contracts -(Continued.) a^jrceuient in total and general restraint of trade in and thiouHhuut limita of a particular country or state .„ ,^"''' ; 5, p. 400G, § 2403 Illustrations of agreements held void on this ac;count.5, p. 4uu7 ^ "403 wIktc restraint ia laiyor than necessary, it is v.,id. . . .5, p. 4008 g "'103 illustrations - <«,«'. "^ „ ftcleio3 contract unlimited to space though limited totiine"void.5,' p.' 401l' § ^404 no objection to contract, in restraint of trade, reasonably limited in poiat of space, that is unlimited in point °^ t""o 5 p 40I*» § "403 in measuring the distance, rule is to measure in straight "' line as upon a map, and not according to usual or practicable routes 5, p. 4014. § 2405 on sale of a patent-right. restraint may be unlimited durin- .on « 1 ''^r^ ^'f "* 5, p. 4014, §2406 en sale of secret process, covenant that seller will not com- municate it to others valid 5, p. 4014 § 2400 covenant by employee not to engage in same business for certain period valid 5, p. 4015. § 2406 agreement that one will trade only with certain persons ,, ^'"'"^ 5, p. 4015, § 2406 otiier covenants and agreements restraining freedom of trade held valid k am- e ft^«« . .^ , o, p. 401o, § 2406 restraint may be partially void and panially valid 5, p 4017 § "407 what IS and what is not a breach of contract not to engage m business covenanted against 5^°p. 4013 § 2103 combinations of workmen, when illegal .'.'.'. 5,' p 40^0 § 2409 combinations of employers or traders for purposes operating in restraint of trade, or free employment of labor'' , "/'fi''' : 5, p. 4021. §2410 contracts in restraint of marriage are void 6, p. 4015 § £4''5 conditions in restraint of mariiago in g f ts or wills void, if unreasonable 5, p. 404.-), § 2426 marriage brokage contracts are void 5^ p, 404c, § 04.77 agreements which provide for commission of crime or i'm- moral act are void 5, p. 404G, § 2423 And see Immorautv. agreement good on its face but sho;ra to bo for irc-al purpose is void Sr?. 4047, § 2429 must be participation in illegal purpose for which agreement IS made, in order to render it void against party /'•'';•:••••■ 5. p. 4043. § 2130 mere knowledge of vendor that vendee intends to make an illegal use of property not defense to an action , f°7''"«---' 5, p. 4043, §2430 Lawso.s 11. & U.-453. » a "w 64G2 CONTRACTS. Contracta— (Continucfl.) person may refuso t<> cninploto illegal contract, when lie dis- covers its illegality 6, p. 4040, § 2430 alilrr where contrict is executed 8, p. 4049, § 2130 ilK^gality in matter or puriiose of an agreement renders it wholly void 6, p. 4n.')0, § 2431 no right iin Lai>i. 41G5, § 2513 0. Inipossibil'dy of Performance. performance of contract not excused because it is unreason- able, dangerous or burdensome 5, p. 41GG, § 2510 non-performance of contract not excused by act of Crod, wheie it may be Bubstoutially car.icd in.o eilect 6, p. 41G7, § 251G 10 11 2510 C0NTUACT8. 0405 Contracts— (Continued.) whoru ini[iii»iailiility in hnnwn to lioth j'urtics nt time of cnn- l.aot thcro in no a^rot im nt 6, p. 41G8, § 2317 wlioro iinpiiHHiliility not knuwn to (.>itli<'r pirfy at tiino uf ni.iking coiitraot, piirtirH ar ; \> iin 1 w In ii 6, p. 41CS, § 2518 where iinpii>Nil>i1ity i'l ku >\vn to priiniisiir at time of mak- ing lii-< promise, bub nut to pruniisite, proini.suo is ahso* lutoly liable 5. p. 41C9, § 2510 whore pcrroinianuo becomes iinpoHsii)le Hubpioiit tu mak- ing of contract, promisor is not (iischargod 5, p. 4170, § 2520 where [laitios contracted on the ba is of the continued oxi.-st- cuce of {le.'son or thing to which it relates, subseiiiU'nt perishing of iierson or thing will excuse perform- anco 6, p. 4173, § 2521 contracts to perform personal acts are made on implied con- dition that party shall bo alive or shall be capable of performing contract 5, p. 4173, § 2521 •icknoss when an excuse for non-perforinancoof contract. 6, p. 4174, § 2."21 where a promise rendered impossible by act of promisor, contract is broken 5, p. 4175, § 2522 if performance rendered impossible by act of promisee, jier- formance is excused 6, p. 417G, § 2523 whore performance rendered impossible by act of the law, no breach 5, p. 4177, §2524 performance not excused if prevented by laws or acts of foreign country 6, p. 4177, § 2524 impossibi.ity of purfunnance of one of several alternative premises 5, p. 4179, § 2525 10. Todcr and Paymcid. See these two titles. 11. Hesci'ision of Cuiitrnct, See also Uelkask; MF.Konii. contract may be rosciadod before breach by new agree- ment 5, p. 4233, § 25G9 contract niay be rescinded in pait, and fat.iud as to resi- due 5, p. 4-2.34, § 2569 written contract conclusively presumed to sup-rscde another one made prior thereto 5, ]). 42.11, § 2509 making of new contract between jiarties to the old one does not aDfect rights of third persons whi^h have ac- crued 5, p. 4234, § 25C9 executory contracts may be rescinded by parties only where they contiuue interested uutil agrce:ueut to rescind is made 5, p. 4234, §2509 proposition for mutual rescission of a contract assumes its validity; proposition being rejected, parties stand where they did before 5, p. 4234, §2569 6466 CONTRACTS — CONVEESION. Contracts— (Continued. ) rescission may be implied from later inconsistent con- tract 5, p. 4234, §2570 where it never has been acted on for long time 5, p. 4235, § 2.170 form of new contract depends on form of old 6, p. 4235, § 2571 when rescission may be oral 5, p. 4235, § 2571 sealed contract cannot be rescinded by parol 5, p. 4235, § 2571 when contract provides mode of rescission, coutract must be rescinded in that way 5, p. 4235, § 2571 novation, acceptance of new debtor 5, p. 4236, § 2572 death of person does not rescind his contract 5, p. 4237, § 2573 except as to those which cannot be performed by personal representative 5, p. 4237, § 2573 as contracts concerning specific personal qualities, skill, or services of person 5, p. 4237, § 2573 or contracts to marry 5, p. 4237, § 2573 or contracts of service 5, p. 4237, § 2573 or contracts of partnership 5, p. 4238, § 2573 where one party refuses to perform contract, other may treat it as rescinded 5, p. 4242, § 2579 party on discovering fraud or false representation inducing contract may rescind it 5, p. 4242, § 2579 contract cannot be rescinded without putting other party in statu quo 5, p. 4243, §2579 rescission must be made within reasonable time 5, p. 4244, § 2579 what is or is not reasonable time within which party may rescind a contract, question of law 5, p. 4244, § 2579 when a party rescinds a contract, he cannot renew same without consent of otlier party 5, p. 4214, § 2579 Contribution. See Insurance, f. no contribution among wrongdoers 3, pp. 177G-1778, § 1045 exceptions 3, pp. 1779-1781, § 1046 riglits of partner to indemnity and contribution 2, p. 1'2'3'J, § CG9 Contributory Xegligence. See Neglioesce. Conversion. See Trover and Conversion. Conversion (Equitable.) money directed to be la .d out in land is converted as land in equity 6, p. 43S3, § 20S3 land directed to be converted into money 6, p. 438 1, ^ 2G83 when conversion does and does not take place 0, p. 4384, § 2083 requisites of the direction 6, p. 4385, § 2683 election by beneficiary; re-conversion 6, p. 43S7, § 2089 conversion of partnership property by agreement 2, p. 1237, § G03 of partnership realty into personalty by law 2, p. 1236, § GG2 CONVICT— COPYRIGHT. 64U7 Convict. cannot appoint an agsnt 1, p. 5, may make will in Kentucky 6, p. 5130, woman's right to make will valid, where husband has been banished, or transported for life 2, p. 1397, admin. otration on estate of one civilly dead 2, p. 1C24, publication of words of murd»;rer on gallows not privi- leged 3, p. 2350, contractor of penitentiary not liable to thir.l person for in- juries resulting from negligence of convict in course of his employment 1, 513, Conviction. of attorney not prerequisite to his detainment for criminal act 1, p. 221, convictior of crime a ground for divorce 2, p. 143"3, aliter if convictiou out of state 2, p. 1432, Coparcenary. See Co-tenancy. Copyright. See Const rTtJTioxAL Law, 7. copvight, at common law, lost by publication 4, p. 2S03, wliat is a publication 4, p. 2804, stage representation not a publication 4, p. 2805, property in private letters 4, p. 2806, copyright by statute 4, p. 2808, mode of obtaining and requisites of statutory copy- right 4, p. 2S08, who may take out copyright 4, p. 2S12, what may and what may not bo copyrighted , . 4, pp. 2813 2818, what is an infringement * 4, pp. 2S18 2823, abridgements and compiIati( - 4, p. 2818, right to make extracts 4, p. 2323, translations into another language 4, p. 2S24, jurisdiction of courts as to copyrights 4, p. 2S1 1, rule as to granting injunctions 4, p. 2S2I, statutory xienaltics for infringement 4, p. 2S2.J, contract and lie ?;i?es to print 4, p. 2S"_'G, assignment of co])yright 4, p. 2S2C, contract to repriut book in violation of another's copy- right 4, p. 2S27, owner in common of copyright, who, at his sole expense, prints and sells the book, not liable in absence of agreement to account to co-owner 4, p. 2828, injunction will issue to prevent publisher from falsely oft'er- ing for sale a book as the work of an author when it is not so 4, p. 2828. § 6 §3150 § 760 § 890 §1300 294 § 133 § 782 § 782 §1618 § 1G19 §1620 §1621 §1622 §1623 §1625 §1626 § 1G27 § 1627 § 162S § 1629 § 1G24 §1630 § 1631 § 1C32 § 1632 §1632 §1632 §1632 6468 CORPOIIATIONS. Corporations. Seo also Bavks; BtJiLDixo and Loan As=!Ociations; CnAii- iTABLE Associations, Gas Comi'anif>; Joint-stock Companies; llAiLnoADS; ItEiuuous SociExiiia; B£N£* FIT Societies. 1. FOKMATION OF CoiiPORATION3. 2. Foreign Coupokations. 3. Powers of Corporations, 4. Officers and Agents. 6. Stockholders and Creditors, Rionis and LiAniLiriES oj, 6. Dissolution of Corporations. 1< Formation of Corporations, corporations defined 1, p. C97, § 332 corporation aggregate or solo ... 1> P> ^98, § 332 public or private 1, p. 508, § 332 quasi-public corporations, what are 1, p. 598, § 332 reclamation districts 1, p. 599, § 332 levee districts 1. p. 593, § 332 wharf, boat and elevator business 1, p. 599, § 332 school districts 1, p. 599, § 332 franchise, whut is a 1, p. 509, § 332; 1, p. C41, § 376 power to charter corporation is in legisl iture 1. p- 599, § 333 cannot be constituted by agreement of parties 1, p. GOO, § 333 nor by acquiescence 1, p. COO, § 333 constitutional limitations on power to charter corjiora- tions 1, p. COO, § 333 legislature cannot charter corpoiatiou for illegal ob- ject 1, p. C30, § 333 legislature cannot give corporation exceptious not allowed to private persons 1, p. C90, § 333 provision in a charter, granting privilege of charging greiter interest than general laws allow, uncinatitutio:ial.l, p. COO, § 333 congress has power to charter corporations 1, p. COO, § 334 power of legislature to create corporatijiis cannot be dt-le- gated 1, p. Ca, § 333 mere ministerial duties may be delegated 1, p. COl, § 333 as issuing of certilicates, or ascertainin.; wh' tlier objects of association fall within provisons of law 1, p. COl, § 335 congress may delegate to territorial governrnaiit power to create corporations 1, p. GV, § 335 form of grant of corporate franchisj 1, p. COl, § 338 no formal terms necessary 1, p. COl, § 336 intention of legislature to grant ehart-r suffii ient ... 1, p. C02, § 336 grant of power to perform corporate acts implies a grant of corporate powers 1, p. C02, § 33tt charters of private corporations construed strictly. . .1, p. 602, § 336 ratiRcation by state of unauthorized corporate acts 1, p. 602, § 337 CORPORATIONS. G469 Corporations— (Continued. ) frauchise must be accjpted 1 , p. must be accepted as otFercd 1, p. and by grantees only 1> P- no particular furm of acceptance necessary 1, p. acceptance of charter Ly persons applying for it pre- sumed 1. p. acceptance of chtrter by grantaes (juestion of fact. . . 1, p. constitutional prohibitions against creation of corpDrations by special charter 1, P- incorporations under general laws 1, pp. GOG-GOS, necessity of complying with statutory conditions prece- dent 1, pp. 606G08, § 3t(); 1, p. public corporations may exist by prescription 1, p. aliter as to private ones 1, p. who may be corporations; any person capable of contract- ing. 1, p. infanta may become stockholders in corporation 1, p. or married women 1> P- or lunatics 1> P- or a state. 1. P- or a municipality !> p. proof of incorporation, how made 1, p. by showing grant of the charter and its acceptance. . 1, p. of public laws only courts take judicial notice 1, p. legality of existence of corj)oration presumcl 1, p. private domestic corporation must, like foreign corpora- tion, aver and prove fait of incorporation 1, p. proof of user or corporate acts sufTioient 1, p. person dealing with corp jration as such estopped to deny its incorporation = 1, p. corporatifm not estoppel from denying corporate existence by having done acts which might have becix done by unincorporated body 1, p. foreign charter proved like other foreign laws 1, j). corporation suing in federal court, need not prove its corporate existence, where defendant has pleaded general issue only 1, p. proof of performance of conditions precedent ninde by books and re-ords of company 1, p. proof of existence of corporation, how made 1, p. corporation in suing need not aver how incorporated . . l.p. corporation should use name which charter gives it. ... 1, p. may acquire different name by usage 1, p. change in name can only be affected by changing articles of incorporation 1, p. G03. § 333 003, § 3.33 G03, § 333 oai. § 339 coi, § 339 C05, § 339 606, § 340 ■GOS. § 340 609, § 311 610, § 342 610, § 342 610, § 343 610, § 343 610, § 343 610, § 343 GIO, § 343 610. § 343 610, § 344 GIO, § 344 GIO, § 344 GIO, § 314 610, § 344 611, § 344 611, § 344 611, 611, § 344 § 344 611, § 344 612, § .^43 638, 633, 676, 676, § 372 § 372 § 404 § 404 676, § 404 6470 CORPORATIONS. Corporations— (Continued.) injunction will lie to restrain corporations from using name of another corporation 1, p. 676, § 404 that corporation was misnamed in contract, not ma- terial 1, p. G33, § 372; 1, p. 67G, § 404 misnomer in a grant by statute, or by devise to a cor- poration, does not avoid the grant. 1, p. 638, § 372; 1, p. 676, § 404 mistake in name of corporation may be corrected by araeiidinent of writ 1, p. 677, § 404 subscription to stock not invalidated by change of name 1, p. 077, § 404 corporation may contract without seal 1, p. 678, § 403 2. Foreign Corporations, state caunot grant franchise outside its limit^ 1, p. 612, § 346 residence of corporation is in state which created it, and in place where principal office is 1, p. 613, § 348 members of foreign corporation in United States court, pre- sumed to be citizens of state or country which created it 1, p. 613, § 348 mitional bank a domestic, not a foreign corporation, and may sue as such 1, p. 613, § 346 corporation does not, by purchasing and operating property in another state, become corporation of that state 1, p. 613, § 348 corporation created by the laws of st.ite deemed a residenb thereof, although bulk of its property and business lies in a foreign state 1, p. 61. "J, § 346; 1, p. 615, § 347 status of corporation chartered in two states by the same name 1, p. 614, § 346 corporation resulting from consolidation of domestic and foreign corporations, a domestic one 1, p. 614, § 346; 1, p. 610, § 349 by comity foreign corporations are permitted to do business instate 1, p. 614, § .347 acts done in foreign states valid 1, p. 615, § 347 states may annex conditions in giving right 1, p. 615, § 347 foreign corporations, when not entitled to remove case to federal courts 1, p. 615, § 347 federal court cannot prevent organization of corpora tion bearing same name as that of foreign corporation do- ing business in state 1, p, 615, § 34? omission to comply with requirements of a statute prescrib- ing terms does not avoid contracts, but precludes en- forcing such contracts 1, p. 615, § 347 ■eliciting and receiving subscriptions for a newspaper pub- lished by corporation in another state not "doing business" in the state 1, p. 615, § 347 CORPORATIONS. 6471 347 316 Corporations— (Continued. ) right of foreign corporation to do business in state can only be questioned by state itself 1, p. GI5, § 347 corporation, though doing no business in stata where organ- ized, may deal in land ia another state. 1, p. 615, § 347 foreign corporation may buy at execution sale on judg- ments in its favor 1, p. 616, § 347 may acquire land in satisfaction of debt due it 1, p. 016, § 347 fureign corporations may sue one another if both doing business within the state, and cause of action accrued there 1, p. 616, § 347 foreign corporation cannot purchase and hold real estate in Illinois 1, p. 616, § 347 corporation caniiot act in foreign country forbidden them. 1, p. C16, § 348 ■without power to take by devise in its own state, cannot do so in another-state 1, p. 616, § 343 foreign company must comply with state laws or contract invalid 1, p. 617, § 348 cannot do acts in foreign state which it cannot do at home 1, p. 617, § 348 in a suit by foreign corporation, it must show not only incorporation, but statute of state authorizing such incorporation 1, p. 617, § 348 citizenship of corporation within federal laws 1, p. 618, § 349 corporations chartered in two states, citizens of each. . . .1, p. 619, § 349 foreign corporation may be sued 1, p. 619, § 350 service of process on foreign corporation 1, p. 620, § 351 voluntary appearance of foreign corporations confers juris- diction 1, p. 621,§ 351 foreign corporations not entitled to exemption from taxa- tion 2, p. 1174 n, § 633 3. Poxvtrs of Corporations. powers of corporations are only those conferred by char- ter 1, p. 623, § 352; 1, p. 638, § 373 meaning of ultra vires 1, p. 0"23, § 352 corporations presumed to contract within their po'.vers.l, p. 624, § 352 corporation which sets up hick of power to do particular act within scope of general powers has the burden of proving 1, p. 624, § 352 burden of showing that contract of corporation exceed.s its corporate powers rests on party objecting 1, p. 624, § 352 corporation acting within sc.>pe of authority has all powers of ordinary persons 1, p. 624, § 352 Acts or contracts of corporations in violation of rules of law invalid 1, p. 624, § 353 acts or contracts of corporation in violation of statutes void l,p. 624,§ 354 6472 CORPORATIONS. Corporations— (Continued. ) act3 or contracts in violation of chirtcr void, . . , .» 1, p. 025, § 355 parties dealing witli corpDi-atious cliar^'ealile with notico of limitations imposed by cliartcr 1, p. G2j, § 353 statutory prohibition against corporation exercising powers not granted liy cliarter makes act void 1, p. G25, § 356 prohibition in charter— if intent of legishvture was that pro- hibited act should bo void, courts will so hold. . .1, p. G26, § 357 alUer when prohibition is merely for benefit of share- holders 1, p. G2G, § 358; 1, p. G27, § 3.'9 acta of majority of corporators bind corporation 1, G27, § 3G0 but aliler when act not authorized by charter 1, G27, § 361 majority of stockholders cannot accept alteration of their charter 1, p. 623, § 361 nor can majority eflfect consolidation with another corpora- tion 1, p. 628, § 361 contract ultra vires, may be avoided by either party so long as it remains unexecuted 1, p. 629, § 362 courts will not compel corporation to perform contract ultra vires , 1, p. 629, § 362 tpcciiio performance of contract ultra vires not enforced at suit of corporation 1, p. 629, § 362 but where corporation has had benefit, other party may en- force it 1, p. 031, § 365 defense of ultra vires not good against persons without notice 1, p. 629, § 363 transfers of property valid though tiUra vire^ 1, p. 630, § 364 executed contracts good though ul/ra vires 1, p. 030, § 365 where contrac t not enforceable because ultra vires, bei.efits received recoverable 1, p. 033, § 3G6 corporations liable for torts. , . » 1, p. 033, § 307 corporation liable for deceit or false representations of its agents 1, p. 034, § 367 for assault and battery; for damages caused by wrongful canceling of ccrtilicate of stock by its president and secretary 1, p. 634, § 367 for libel or slander 1, p. G34, § 3G7 for turt of agent in refusing to deliver chattels to owner 1, p. 634, § 367 for malicious prosecution 1, p. 635, § 367 for false inprisonmeut 1, p. 635, § 367 for trespass 1> p. 635, § 367 ■iable for torts committed in ultra vires transaction. . . 1, p. 635, § 368 de. /.uto corporation: validity of acts 1, p. 035, § 369 Ji' /'ado corporation estopped to deny its existence, but doiii not preclude proof of subsequent cessation of corporate functions 1, p. 635, § 369 CORPORATIONS. 6473 Corporations —(Continued.) executed contracts «.f t/e/f'C, § 370 nor lan nou user or misuser lie set up 1, p. C3G, § 370 nor can irregularitifs in ineor}iorati()ii be shown. ...1, p. C37, § 370 defendant may deny existence of corjxiration 1. p. C37, § 370 all powers necessary to carrying on its business impliedly granted to corporation li p. C3D, § 374 grants of special privileges to corpor.'.tiun strictly con- strued li p. 041, § 375 ambiguous words construed strongly agaiuit cor- poration 1, p. (j41, § 375 general words in charter do not authorize corporation to do acts prohibited by general law 1, p. C41, § 375 doubtful expre3>ion^ in statute conferring franchises con- strued to benefit of public 1, p. G41, § 375 legislative intent, ui)on cliange or rt organization of cor- poration, to absolve it fiom existing liabilities not inferred 1, p. 041, § 375 franchise of corporation, what is 1, p. 041, § 37^ does not embrace property acc^uired by the exercise of franchise 1, p. 042, § franchise of corporation cannot be levied on 1, p. G4'i, § nor assigned without consent of state 1, p. 042, § nor leased 1, p. 042, § nor mortgaged 1, p. 042, § corporations cannot consolidate without consent of state 1, p. 042, § 373 implied powers of corporations 1 , p. C45, § 370 to act as agent 1, p. (>, § G to transfer franchises 1. p. 042, § 377 assignment can only be questioned by state 2, p. 973, § 5i2 to consolidate 1. jip. 012 04."), § 378 to purchase and hold property 1, i)p. 0J5 047, § 379 to transfer and dispose of pro[)erty 1, pp. G47, G4S, § 380 deed of corporation need not be delivered 5. j). 3S14, § 2270 to hold property in trust 1, pp. CIS, 049, § 331 to take by devise 1. p. C4.), § 3S2 to borrow money and make debts 1, ]>. 049, § 333 to mortgnge property 1, pi>. OjD, C51, § 3S| to pledge 1, p. G.'i 1 , § 334 to issue negotiable paper 1, pp. 0')1, Ci.!, § 'Aiso to sue and be sued 1, p. Ci53, § 380; 3, p. 237J, § 13U7 to make an assignment of effects, for payment of debts 1, p. G,:4, § :;S7; 4, p. 33S4, § 1985 to become joint owner of ferry 1» p. 054, § 3S7 370 370 377 377 377 6474 CORPORATIONS. Corporations— (Continued. ) to make an agreement with agent for oLtaining subscrip- tion to stock 1, p. G.'i, § 3S7 to take an oath 1, p. 05."), § 387 to cliaiijje its (lomicilc to anotiierstate 1, p. (!")5, § 387 to waive its legal rights 1, p. C')"), § 3S7 bound by estoppels in jJais like natural persons 1, p. G55, § 3S7 to perform act;! by its oUicers while sitting out of the stae creating it 1, p. (155, § 387; 1, p. G59, § 390 to prefer one creditor to another, even thcjugh a stock- holder 1, p. 035, § 3S7 to gu;irautee payment of dividends 1, p. G5.">, § 387 to take out letters of administration 1, p. Go5, § 387 power of corporation to expel mendjers 1, p. G50, § 388 member of corporation cannot be expelled without notice and hearing 1, p. 057, § 388 mandamus will lie to restore member illegally expelled..!, p. G58, § 339 injunction will not lie to prevent corporation from expelling membe'- 1, p. 658, § 389 may do business outside of state 1, p. 059, § 390 may employ surplus of money or property to best advantage 1, p. 659, § 3C. may alter the business to suit changes of time and circum- stances 1, p. G60, § 392 power of corporation to issue i)referrcd stock 1, pp. 0G1-C64, § 393 rights of preferred stockholders 1, pp. 664-CC6, § 394 what are not alterations in charter 1, pp COS, GG9 § 396 grant of additional franchise 1, p. 069, § 396 discharge of obligations to state 1, p. 699, § 396 effeut of alteration on liability of stockholders, ..1, pp. 0G9, G70, § 397 power of corporation to alter charter 1, !>• 607, § 395 to engage in difl'erent kinds of business 1, pj). G70, G7i.', § 393 to wind up business !> p> G72, § 899 to enter into partnership 1| P- 073, § 400 to deal in shares of other corporations 1, p. 073, § 401 to alter amount of capital stock 1> PP- 674, G75, § 402 to purchase its own shares 1, pi>. 674, G75, § 402 to give away its propeity 1, p. 075, § 403 to sign accommodation paper for others 1, p. G75, § 403 to lend its credit 1, p. 675, § 408 to give a guarantee without consideration 1, p. 075, § 403 4. Officers and Agcntf, powers of agents of corporations generally 1, p. 080, § 406 corporations not liable for acts of proaioters 1, p. 081, § 407 directors of corporation?, powers of 1, p. 682, § 403 need not be stockholders 1, p. 0^3, § 403 may authorize president to borrow money 1, p. 683, § 403 CORPORATIONS. G175 Corporations— (Continued.) charfjed witli notice of their powers 1, p. C93, must act in manner requireJ by charter 1, p. GS3, proceedings of directors of c.>rporation presumed regu- lar 1, p. csn, power of directors to alter or amend by-laws 1, p. (iSS, power to (ill vacancies 1, p. C vl, cannot make radical cliangcs 1, p. fiS."), cannot wind up coqiorations 1, p. GS(J. or give away funds of corporation 1, p. C'G. are trustees of corporation li p. CS7, cannot make private or personal gains 1, p. CS7, must not have conflicting interests with cmpDratinn. 1, p. C02, liability of directors for fraud and falac representa- tions 1 , p. GO.', for negligence 1, p. GiUJ, for mistakes made in good faith 1, p. COS, must act as a board, and not singly 1, p. G9'J, all must either be present or have been notified 1, p. G99, veto of a majority binds all 1, p. C93, contract by board of directors cannot be chan^'cd by less than a quorum 1, p. 700, where quorum attend meeting, it will bo presumed that all were notified 1, p. 700, at what time meetings must bo held 1, p. 701, meetings held outside of state 1, p. 701, power of directors to appoint inferior agent and delegate authority 1. p. 702, secretary and treasurer of corporation, powers uf 1, p. 70.'$, duties of 1, p. 70.3, president of cori)oration, powers of 1, p. 705, liabilities of 1 , p. 708, on death of president, vice-president ni.iy act 1, p. 70'.), president holds over until another president is elected. 1, p. 70'J, death of bank president in wliose name judguicnt was obtained does not abate suit brought iu behalf of bank 1, p. 700, entitled to compensation, when 1, p. 700, removal of ofl;icers, power of inherent in corporation. . .1, p. 710, causes good ground for removal 1, p. 711, practice on proceedings to remove officers of corpora- tion . 1, p. 712, notice of proceedings to remove officer re(piired 1, p. 712, officer illegally removed may be restored i)y mandamus 1, p. 713, by restoration acts of officer while removed are maile valid 1, p. 713, n.. § 40S § 403 § 40S § 40S § 403 § 409 s 410 § 410 § 411 § 411 § 412 § 413 § 414 § 415 § 41G § 416 § 41G § 416 § 416 § 417 § 417 § 4n § 419 § 419 § 420 § 420 § 420 § 420 § 420 § 420 § 421 § 421 § 421 § 421 § 421 § 421 6476 CORPOUATIONS. Corporations— (Continued. ) director imiiroiitrly excluded from meetings by his co- dirc'ctura lius individual light of action a^^nin^t them 1. p. 713, § 421 acts of agents within tlicir nuthcrity hind corporation.!, p, 714, S 4-2 proof of einiiliiyniint of agent, how mndo 1, j). 714, § 422 otlurwiso ^\ hen hiyind the curpurato powciH 1, p. "^l.'i, § 4'J3 or are not in ftuni required hy charter 1, p. , IG, § 424 knowlcdj^e ly tl iid person of lin.itation in power of general agent not presumed 1, p. 71G, § 423 knowledge by third i)erson3 of provisions of charter pre- sumed 1, p. 717, § 42G but nut of by-law.** or regulations 1, p. 7 IS, § 427 liability of c.rporatiou for fraudulent rci>rcsentation of agent 1, p. 718, § 423 ratification by cor]:oriti, § 435 form of contract of subscription !, p. 72.5, § 435 broker purchasing stock for customer, and treating it as his own, may be liable as stockholder 1, p. 725 n, § 4.35 act of voting stuck does not make voters stockholders.!, p. 725 n, § 435 agreement to subscribe not a subscription 1, p, 727, § 435 action will not lie on subscription unless it contains cxjiress promise to pay 1, p. 727, § 4 J5 the issue of a certificate not essential to make subscriber a BtockhoMer 1, p. 728, § 435 making certificate and mailing it to a stockholder is issuing it !,p. 728, § 433 no certificate of stock need be tendered before bringing suit for subscription !, p. 728, § 435 loss of certificates of stock being established, corporation cannot refuse to is&uo new certificates on ground that bond of indemnity was not furnished 1, p. 728, § 433 agent cannot rescind i-ubscrii'tii n to stock !, p. 72S, 3 433 statutory modes of becoming stockholder must be fol- lowed 1, p. 729,§ 43G oral subscription not binding when statute requires writing !, p. 729, § 430 subscriber not liable on subscription until corporation or- ganized 1, p. 733, § 437 cannot avoid his subscription because corp ration not duly organized 1, p. 732, § 433 ? CORPORATIONS. G477 Corporations -{Continueil.) Bul)3Lril)ers not stouUhoMers until nil shares are taken. 1, p. 732, § 439 stockhdlder not estojtpul by his subscriiitiou to deny lawful existence of a corporation 1, p. 7.']2, § 438 Bubacriljcrs hound from time of subscrijition 1, p. 733. § 439 liability on agretnient to form corporation 1, p. 734, § 440 mutual assent necessary to contract of subscription 1, p. 73,"), § 441 8ubscripti(m made in one's name without authority 1, p. 735, § 441 Bigiiing sub.scriiiticn to stock in corporation by mistake. 1, p. 73t), § 441 that tlie aflairs of tlio corporation are unwiicly <\ anaged, or its contracts not authorized, will not relieve stock- holder from liability 1, p. 730, § 441 preliminary deposit with subscription not a condition pre- .''<='^|e»* l,p. 737,§ 442 subscription in writing cannot be proved by parol 1, p. 738, § 443 the terms of tliu written subscription cannot be varied or a^'^led to 1, p. 73s^ § 443 stock book prima fack evidence of number of shares. . 1, p. 738, § 443 liability of stockholder to contribute his share of capital /t°«'' l,p. 738,§ 444 capital agreed upon must be first subscribed 1, p. 740, § 445 other conditions precedent to liability of stockholder.!, p. 741, § 446 •who may make assessments wid calls 1, p. 741 , § 447 paid corporate stock cannot be assessed without special au- thority in charter or statute 1, p. 741, § 448 notice of time and place of payment of Assessment on stock must be given 1, p. 740^ § 449 no demand for the payment of assessment need be made other than giving of notice required by by-laws 1, p. 742, § 448 mailing notice of assessment to subscriber snlEcient. ... 1, p. 743, § 443 liability of subscr.ber after abandonment of enterprise. 1, p. 744, § 449 subscription upon condition; subscriber not bound until con- dition performed 1, p. 744^ § 450 subscriber cannot show that some of the persons who sub- scribed to make up requisite amount are not respon- "•^^^ l.p. 745,§ 450 or that a formal subscription was not made 1, p. 745 § 4jq where a subscriber acts as member, or waives condition, no defense that his subscriptiou was upon condition i)rc- cedent, or special terms l^ p. 743, § 451 parol evidence not admissible to prove a condition not con- tained in a subscription to stock 1, p. 749 § 451 subscriptions to stock obtained by fraud or fraudulent re- presentations are voidable 1, p. 731 s 452 illustrations of false representations held not to avoid the subscription 1^ p. 754^5 453 Iawso.\ R. & IL— 453. 6478 CORPORATIONS. Corporations — (Continued. ) person guilty of laches cannot avoid Bubacription to stoc k obtaineil by frauil 1, p. 7i"0, § 4S4 BtockholikT cann it rescind cont act of 8ul)scri])ti()n. ... 1, p. 75(i, § 453 modes in which BtDckholdcr can tsc.ipo fnini oMii,'iitiou of his contract 1, p. 757, § 455 by transfer of his shares, and an acceptance of transfer by corporation 1, p. 757, § 455 by forfeiture and sale umier autlioiity expressly coiiferied on conipa.iy by its charter 1, p. 757, § 455 by exi)iriitioa of the cliarter according to its own limita- tions 1, p. 757, § 455 by forfeiture of franchises and dissolution of conip.my at suit of state 1, p. 757, § 455 by act of the majority in \vin7, § 4")5 that charter has been violate! n > ground for reaoission 1, 7.")-<, ■? 45'! remedy against stockholders for failure to pay as-iessmunts.l, 75J, 3 457 power to forfeit an I sell shares for failure to pay assess- ments 1, p. 750, § 457 forfeiture a cumulative rem jdy.. ,. 1, p. 701, § 4")7; 1, p. 7li3, 3 459 no notice necessary before suit up m a subscription after the subscriber becomes a stockholder 1, p 7(JI,§ 457; 1, p. 7G3, § 459 no tender of certificate of stock necessary before suit bro>ight upon subscription 1, p. 7G1, § 457 stockholder has equity of redemption in foifeited shares l,p- 701, § 457 Btockholder has right to transfer shares at will 1, p. 7di', § 453 right to transfer ceases at dissolution of ( orporation 1. p. 7(i2, § 453 corporation may maiutainactionagi-nst pui-.i. 11 who presents forged jiower of attorney to irarsf r t-tock 1, p. 7G2, § 453 when stockholders remain liable, not.v'flistauding trans- fer 1, p. 7(i:i, § 459 where transfer made to insolvent 1, p. 70 >, § 459 or to infant 1. I>. 70;i, § 453 or to corporation itself 1, p. 7<).'J, § 459 elTect of transfer ■ f shares 1, p. 701, § 430 transferrer is relieved from future liability 1, p. 701, § 409 formalities required by charter iu transfer must bj ob- served 1, p. 705, § 401 but equitable assignments of certificates of stock pro- tected by courts 1, p. 707, § 402 assignment of shares by indorsement of certificate....!, p. 769, § 403 453 conroRATioNS. 6479 Corporations— (Contirmed.) iudoraeiiieut of tertitioatoi of stock need not l»o under ""''l 1, p. 770,§ 463 purchaser takes godd title, lut air.'cted hy eiiuitios 1, p. 770, § 4G4 truusfor of stock by delivery ot certilicates good against at- taching creditor of the transferrer 1, p. 771, § 4G3 couveyanco of shares in a corporation not within recording acts, record does not char-^o with construutivo °°*'°« 1, p. 771, § 4G4 Btocks are articles of commerce; doctrine of constructive notice l»y lis pendcnx not applicable to them 1, p. 771, § 464 on sale of stock vendor does not warrant that corporation is corporation dejure i, p. 771^ g 454 corporation has no lien on shares of stock for asdossmenti or other del>ts of stockholder 1, p. 771, § 4(55 has no right to refuse transfer upon stock Look Lecauso holder indebted to company 1, p. 770 § 405 lien may Le given to corporation by charter or articles of association, or bydaws 1, p, 770 g 4(55 or by the usage of couijiany known to stockholders. . 1, p. 772, § 465 dividends due M hen notice of assignment received may be retained as security for indebtedness of assignor to co'"fany l,p. 772,g 465 statutory liens for debts due, does not give lien upon divi- dends accruing after death of shareholder 1, p. 772, § 465 corporation may waive lien on shares, as by permitting transfer, or by rejjresenting to transferee that shares are unencumbered 1, p. 773^ § 455 remedies against corporation for refusing to allow transfer of «^"^k: l,p. 774^§ 4gg equity will compel corporation to transfer stock 1, p. 774, § 4G6 mandamus will lie to compel oliicers of corporation to make transfer of stock on its books 1, p. 775 § 4C6 assignee of certificate of stock may treat the refusal to transfer as a conversion, and sue the company for value of shares l, p. 775^ § 455 where corporation unreasonably refuses to transfer shares unless under decree of court, costs will be decreed ajf'^'wstit l,p. 775^5 45Q corporation cannot be compdleil to viake transfer when stock has been issued in violation of charter, even though all the stockholders may have consented to issue. 1, p. 775, § 466 on failure to transfer stock at request of a pledgee, bank not 1 able for subsequent depreciation of stock 1, p. 775 § 4G6 no defense to an action for refusing to make transfer of stock that president was sick and unable to sign new certili- ***« l,p. 775,§ 466 6480 CORrORATIONS. Corporations— (Continued.) nor that purchaser did not leave old certificate at time he made the transfer 1, p. 775, § 4C(> holder of certificate of stock may maintain action agixinst one who, having assigned oertiticate, caues cor2)orati"n to refuse to transfer tlie stock on it-s I)ook3 1, p. 775, § 4CS liability of corporation for niuking or permitting unauthor- ized transfers 1, p. 770, § 4G7 if shares are transferred upon s'ock book upon f(^rgod in- dorsement, or forged power of attorney, real owner not divested of his right as a stockholder 1, ?• 777, § 4G7 transfer of stock by corporation upon its books in absencj of original certiH ate made at its peril 1, p. 777, § 4G7 Btatus of shares of stock 1, p. 779, § 403 are personal property 1, p. 779, § 403 not an " interest in land " within statute of frauds. . .1, p. 779, § 4GS stock in incorporated company is "property " within Ken- tucky code 1, p. 779, § 403 not subject to dower 1, p. 779, § 403 on death of owner they pass to executor and not to lieir 1, p. 779, § 403 tliey are "goods, wares and merchandise " within statute of frauds 1, p. 779, § 403 what are "profits" 1, p. 70, § 409 what are " profits for the year " 1 , p. 7S9, § 409 dividends can only be paid out of prolits, and cannot be taken out of capital 1, p. 7S0, § 470 interest on shares must be paid from profits 1, p. 7S0, § 470 corporation has no power to contract for p.ayment of inter- est or dividends on capital stock in excess of earn- ings 1, p. 7S0, § 470 action of directors in declaring dividend with knowledge that there are no profits illegal 1, p, 780, § 470 discretion of directors in declaring dividends 1, p. 780, § 471 pl'^dqe of securities carries dividends 4, p. 3305, § 1759 di. -; tors must not abuse discretion; cannot willfully with- hold profits or apply them to purposes not authorized by the charter 1, p. 781, § 471 dividends declared by directors and received by stockhold- ers may be reclaimed by directors if declared under a mistake 1, p. 781, § 471 right to issue new stock in form of dividends 1, p. 781, § 472 stock dividend belongs to holders of stock at time of declara- tion 1, p. 781, § 472 cash dividends are income; stock dividends are capital. .1, p. 782, § 472 vhere new stock issued old stockholders have first right toit l,p. 7S2,§ 473 4G7 4G7 4G3 403 4U8 C0EP0RATI0N3. 6481 Corporations— (Continued. ) stockholder has no right to profits until dividend is de- clared 1, p. 7S2,§ 474 when a dividead declared, each stookhoMer has ri^^ht to be paid h.s share, which he may recover by assumpHt against corporation 1, p. 782, § 474 or equity will compel payment 1, p. 782, § 474 mari'lamus is not proper remedy 1, p. 782, § 474 directors who have failed to declare dividends at charter time cannot declare one extending over period of failufe 1, p. 7S2, § 474 unpaid dividends are a33et3, and liable for debts of the compiny 1, p. 752, § 474 acceptance by stockholder of dividend no ratification of ille- gal conduct of the directors 1, p. 7S3, § 474 sale of shares gives purchaser right to dividends already de- clared, but not payable until after transfer of the stock 1, p. 783,§ 474 stockholders at time when dividend declared entitled to i* l,p. 783,§474 dividends are personalty, an I do not go tu the heir 1, p. 783, § 474 extraordinary dividends belong to person holding life interest in stock 1, p. 783, § 474 increase of capital shimld be kept for remainder-man, and an increase of income should be paid to tenant for life 1, p. 783, § 474 dividends already paid to stockholders cannot be reached by creditors of corporations 1, p. 785, § 474 corporation which has issued negotiable certificates for extra dividend cannot refuse to pay stockholder amount ol lost certificate; may protect itself by exac:iug indem- nity 1, p. 783, § 474 dividends cannot be apportioned, but must be paid to own- er of share at time dividend is declared 1, p. 785, § 474 stockholder has righ*; to examine books of corporation.. 1, p. 787, § 473 court will compel by viindinim officers of corporation to accord right to examine books to stockholder or to those entitled to see or use them 1, p. 787,5 475 when inspection will not be ordered 1, p. 787, § 473 stockholders' m jeting; notice of must be given 1, p. 793, § 476 at what place mi " meetings be held 1, pp. 70), 7'Ji, § 476 meeting of stocknoiders on Sunday not illegal 1, p. 791, § 478 who may call meetings 1, p. 791, § 477 distinction b tween general and special meetings 1, p. 792, § 478 adjourned meetings 1, p. 793, § 479 who have right to vote at stockholders' meetings .... 1, p. 7J3, § 480 voting by proxy, when allowed 1, p. 793, § 480 6482 COliPORATIONS. Corporations— (Continued .) election of officers, procedure in 1, p. 799, § 481 eciuity has no authority to determine validity of election of officers of a private corporation, and pronounce judg- ment of amotion 1, p. 800, § 431 term of officers elected for a year 1, p. 801 , § 4S1 power of majority of corporation to make liy-laws 1, p. 803, § 482 by-laws muit be reasonable and not contrary to public policy 1, p. 803, § 482 ■what are and are not bydaws li p. 803, § 482 me liber of corporation presumed to know by-laws 1, p. 803, § 482 by-lawi may be good in part and bad in part 1, p. 804, § 482 cannot act retrospectively 1, p. 804, § 482 illustrations of by-laws held invalid 1, p. 80G, § 484 by-laws contrary to provision of charter or fetatutf 1, p. 806, § 484 bydaws in restraint of trade 1, p. 80G, § 484 by-law reijuiring members to bring suit only in certain county 1, p. 806, § 484 by-law recj^uiring members to submit disputes to arbitra- tion 1, p. 806, § 484 curtailing the right of members to vote 1, p. 807, § 484 by-law prohibiting the transfer of stock, except at the office of the company, personally or by attorney, and with the assent of president 1, p. 807, § 484 a by-law providing membership to be forfeited upon enlist- ment in army or navy 1 , p. 807, § 484 a by-law of benevolent association providing, as a penalty for the non-iJa3nnent of dues, tliat delinfjuent should for- feit his right to any benefits while in arr^^'ars, and for period of three months after payment of arrears..!, p. 807, § 434 a by-law which requires consent of all stockholders to trans- fer of stock of one of them 1, p. 807, § 484 by-law increasing dues of members 1, p. 807, § 434 instances of by-laws held valid 1, p. 805, § 483 by-laws regulating manner of holding meetings and elect- ing officers 1, p. 805, § 483 regulating manner of transferring shares 1, p. 805, § 483 by-law prohibiting tickets to be counted at an election on which anything besides names of candidates....!, p. 805, § 483 authorizing stockholders to vote by proxy !, p. 805, § 4S3 by-law prescribing trial of members for any delinquencies, before select number of members appointed by presi- dent !, n. 805, § 483 • by-law of board of underwriters, requiring members to fol- low uniform rates of insurance !, p. 805, § 483 by-law of stock. exchange, that seat may l)e disposed of among creditors iu exchange in certain manner. . .!, p. 805, § 483 CORPORATIONS. tiida 4S1 481 482 Corporations— (Continued. ) by-law of board of trade as to what outside persons its tele- graphic rep jrt3 may be distributed 1, p. 805, § 483 by-law rjijuirinT clurk to be sworn 1, p. SOj, § 483 by-law aiuhoii/iiig board tj expel member guilty of " dis- houesty" 5, p. 805, § 483 by-law susp-uJiii:; members fi)r failure to pay assess- ments 1, p. 80G, § 483 etocliholdor who acts as trustee and ag'ut entitled to com- pensation 1, p. 14G, § 95 ratilicatiou by company of acts of promoters 1, p. 33, § 33 persons failing to organize properly us corporation become partners 2, p. 1101, § G33 Btoc'.ihoKlcr cannot sue f'lr iiijiirijs toe rporation. ...1, p. 807, § 435 alUcr wliJii ollijers wrongfully refuse to bring suit in name of corporation 1, p. 810, § 436 discretionary i^owcrs of ollijcrs of corporation will not be in- terfered with at suit of stockholders 1, p. 815, § 487 stockholders' bill; who may or must be complainants. . .1, p. SIO, g 483 who may or must be defemlants 1, p. 817, § 439 Btockholders not liable personally on corporate contracts. 1, p. 813, § 490 exceptions 1, p. 818, § 490 Btockholders not personally liable for debts of corp pra- tion 1, p. 818, § 491 excei tions 1, p. 819, § 491 capital st ick of corporation a trust fund for payment of creditors 1, p, 819, § 492 unpaid sub-criptions a trust fund for all creditors, and can- not be attached by judgment creditor 1, p. 819, § 492 stock must be paid for in money or money's worth 1, p. 8'2J, § 49J wiien property cannot be taken in payment 1, p. 823, § 404 rights of creditors to unpaid assessm-nts on sto k 1, p, 824, § 495 court will entertain bill for discovery to compel corporation or its members to disclose whether they have paid for stock 1, p. 824,§ 493 bill iu equity by creditor will lie to compel a stockholder to pay arrears on stock, though by statute ample remedy is provided , 1, p. 825, § 495 presumption that certiticate of stock is fully paid up... 1, p. 825 n, § 493 stockholder cannot decrease number of shares after debts accrued 1, p. 825, § 493 resolution permitting stockholders on payment of thirty per cent, on their shares to forfeit them void as against creditors 1, p. 825, § 493 word " noa-assessable " upon certificate of stock does not impair obligatioa to p^y the amount due upon shares 1, p. 825, § 493 6484 COBPORATIONS. Corporations— (Continued.) personal liability of stockholclera by atituto .S, p. 827, § 493 construction of statutes making stockholders personally lia- ble 1, p. 831, § 497 personal liability of stocklioldor not that of a guarantor, but an original liability 1, p. 833, § 493 creditors must first have exhausted romady against corp ira- tion 1, p. 835, § 493 stockholder not liable t3 an execution creditor unless such stockholder be in default to corporation 1, p. 835, § 493 stockholder who is also creditor of corporation 1 , p. 835, § 493 stockholder cannot by buying up debts of corporation dis- charge his liability 1, p. 835, § 493 judgment against corporation binding upon stockholders till reversed, .ind couclusiva upon them in subsequent suit by same plaintifiF 1, p. 83G, § 493 competent evidence of the plaintiff's status as a creditor of the company and of the amount due him 1, p. 836, § 498 a release by creditor of stockholder's liability for debt, by instrument under seal, discharges corporation. .. 1, p. 83G, § 498 personal liability of atockholder by statute for wages of em- ployees, laborers, etc 1, p. 837, § 499 rightsof 6o»a_^tZeholderof3haresapparentlypaidup..l, pp. 839-810, § 530 right of creditors to interfere in mauagcment of corpora- tion 1, p. 840, § 501 to prevent dissolution or alteration in charter 1, p. 810, § 502 6. Dissolution of Corporation, by expiration of term or happening of contingency 1, p. 811, § 503 happening of contingency must be judicially ascer- tained 1, p. 841, § 503 by suTender of charter 1, p. 842, § 504 public corporation cannot surrender without consent of state 1, p. 812, § 504 aliter as to private corporations 1, p. 843, § 504 corporation miy wind up business and sell assets 1, p. 813, § 504 surreudur of a charter presumed from neglect for long time to choose corporators, and to exercise corporate fran- chises 1, p. 844, § 504 corporation not dissolved by neglecting to appoint agents, or to carry on its business 1, p. 814, § 595 insolvency does not work a dissolution of corporation.. . . 1, p. 841, § 505 neglect by a corporatiou to hold raectiugs for ten years not ground for dissolution 1, p- 844, § 503 nor omitting to elect officers 1, p. 844, § 503 nor does a sale of its property and cessation of active busi- ness 1, p. 814, § 605 nor by single individual becoming sole owner of stock..!, p. 815, § 603 coRroEATioNS— cosxa. 6485 Corporations— (Continued. ) nor by use of abbreviation of tlie corporate name 1, p. 84.", § corporation dissolved by death of all the members 1, p. S4f!, § Bale by r.iilroul of its road, ^ood ground for dissolution..!, p. 81G, § misuser or non-user of franohisas dissolves corporation V)y judj neat of forfeiture at suit of the state 1, p. 84G, § judgmiiit of forfeiture doss not work dissolution of corpora- tion; exeuutijtt of the seizure for franchises nec- essary 1. P- 847, § attorney-gsneral not co:npelled by mandamus to institute suit for forfeiture of charter of corporation 1, p. 847, § claim of forfeiture of franchise cannot be raised col- laterally 1. p. 817, § causes held good ground for forfeiture 1, p. 847, § f." ilure of corporators to organize, not a ground 1, p. 849, § sale of propel ty a good ground, when 1 , p. 849, § legislature may waive forfeiture of charter by cor- poration 1. P' 849, § atcommonlawon dissolution property reverted to grantor. 1, p. 850, § but equity takes charge of and distributes assets 1, p. 8J0, § dissolution of corporation does not destroy corporators' property or amend its contracts 1, p. 852, § after dissolution corporation cannot sue 1, p. 852, § cannot be made party to suit by receiver 1, p. 852, § no legal judgment can be rendered against corporation 1, p. 852, § if corporation expires before judgment, no execution can be issued ia its name 1. P- 8.)3, § nor will a writ of error lie 1. P- 853, § where charter cx(>ires by lapse of time during pendency of appeal in suit against corporation, appeal abates.. 1, p. 853, § corp ration cannot dissolve itself so as to escape respon- sibilities or liabilities 1. p. 853, § repeal of charter cannot impair remedy of a creditor. ... 1, p. 85.3, § revivor of corporations 1> P- 854, § Corpses. See Burial. Costs. See also Fees. attorney liable personally for costs of cause where guilty of gross negligence or misbehavior 1, p. 254, § where he draws up and signs an impertinent pleading. . 1, p. 254, § or m kes unnecessary and frivolous motions 1, p. 254, § where he has personal interest in suit 1, p. 255, § where he institutes disbarment proceedings in bad faith 1. p. 254, § where he appears without authority 1, p. 264 n, % 505 505 505 5C8 500 506 506 506 506 506 506 507 507 507 507 507 5J7 507 507 507 507 507 503 153 153 153 153 153 153 C186 COSTS — CO-TENANCY, 254, § 153 254, § 153 . 255, § 153 255, § 153 255, § 153 255, § 153 255, § 153 . 255, § 153 . 504, § 330 323 n, § 197 317, § 195 Costs —(Continued. ) personally liable to sheriff for fees for serving or execut- ing process which he has delivered to him 1, p. for reasonable disbursemeuta made by officer in taking cave of property 1, P- liable for costs where he institutes suit for non-resi- dent 1, p- or indorses the writ 1, p. not liable for fees of referee 1, p. nor of commissioners in partition 1, p. nor of a stenoj^rapher 1, p. nor of witness's fees 1, p. florvant requesting master to defend suit for injuries occa- sioned by his misconduct liable for costs and counsel fees 1, p. taxable co^it" i" . 3'"^3sarily measure of attorney's com- pensatiij- 1> P- attorney liable for costs of motio" to strike out indecent or scandii.'i '.J matter in plcadi.igs 1, p. insolvent person suii' . '^/>;' . ami for infant will be re- quired, on djfendant's application, to give security for costs 2, p. cost of i)roceeding for dissolution of partnership will be ordered paid out of partmirsliip estate unless where one partner has been guilty of misconduct 2, p. where corporation unreasonably refuses to transfer shares unless under decree of court, costs will be decreed agiiinst it 1, P- plaintiff's cost in suit in which he was arrested recoverable in action of false arrest and imprisounieut 3, p. garnishee when liable for costs and when entitled to. . .7, p. 501.'$, § powers of arbitrator to award costs 6, p. 5312, § tender after suit bars the recovery of costs accruing subse- quently 5, p. 41S2, § costs follow judgment of ouster in quo icarranto, when. 7, p. 6351, § Co-tenancy. See P^KTITION. estate in joint tenancy, when created 6, p. when not created 6, p. joint tenancies not favored by the courts; exi)ressly abol- ished in most of the states 6, p. right of survivorship in joint tenancies 6, p. 4I3G, § entry or re-entry by one joint tenant is act of all 6, p. 4436, § occupation by one is prima facie an occupation by all. ..6, p. 4436, § joint tenants must join in an action for possession of land jointly held; one can neither sue nor be sued alone in respect to the joint estate 6, p. 4436, § 1527, § 840 1247, § 672 775, § 1S45, § 4434, § 4434, § 466 1077 3634 3343 2526 4046 6719 2719 4435, § 2720 2721 2721 2721 2721 CO-TENANCY— COUPONS. 6487 Co-tenancy— (Continued.) either joint tenant may convey his share of the estate to co- tenant or to stranger 6, p. 443G, § 2721 devise of his share inoperative 6, p. 4436, § 2721 Joint tenant cannot bind )ii3 co-tenant by a contract for sale of the joint estate 6, p. 4436, § 2721 joint tenant may convey his interest in joint estate by nictos and bounds 6, p. 4436, § 2721 mortgage by two of three joint tunants is severance of ten- ancy 6, p. 4437, §2721 estates in coparcenary defined; rights, liabilities as to.. .6, p. 4437, § 2722 tenancies in common, how created 6, p. 443S, S 2723 wliat words will create tenancy in cnmmon 6, p. 443!), § 27-3 possession of one tenant is possession of all (i, p. 4431), § 2723 ouster and adverse possession by tenant in common, how shown '. 6, p. 44."A § 2723 tenancy in common, how dcstroj't d 6, p. 44 J2, § 2723 ia what cases and for what injuries may one tenant in com- mon sue another 6, p. 4442, § 2724 tenant liable to account to co-tenant when 6, p. 4143, § 2724 what actions cannot be maintained by one tenant against co- tenant 6, p. 4444, § 2724 tenants in common must sever in real actions; but in actions for injury to estate, they must joiu 6, p. 4444, § 2725 tenants in common of p3rsonalty must join in action. . .6, p. 4445, S 272.5 when tenants in common need not join 6, p. 4 1 io, S 2725 co-tenant may manage estate in his own way 6, p. 4440, § 2726 liable to co-tenant for repairs and improvements, when. 6, p. 44 Ui, § 2726 liable to co-tenant for incumbrances paid off 6, )>. 444S, § 2726 liable for taxes paid by co-tenant 6, p. 444S, § 2720 co-tenant may take peaceable possession of estate 6, p. 4448, § 2720 cannot purchase estate for himself 6, p. 4448, § 2726 undivided interest of tenant in common may be seized on execution 6, p. 4440, §2727 right of tenant in common to convey e-tati 6, p. 444!), § 2727 tenant in common may sue co-tenant for services rendered the estate 1, p. 146, § 95 trover lies against tenants in common for conversion when 7, p. 5G95, § 3071 owner in common of copj'right, who, at his sole expense, prints and sells the book, not liable in absence of agreement to account to co-owner 4 p. 2S23, § 1032 resulting trust in case of joint tenancies.... 4, p. 3124, § 2012 Counsel. See Attorney and Client. Coupons. See BoND& C483 COUNTEKCLAIil— CRors, Counterclaim. Sec 1'li:au!NO AND rnACTICB, County Orders. See ]}oM)S. County Warrants. Seu 1juni>3. Courts. See alsa CoNSTmrriosAi. Law, 5; Judoes; Officers ov CouuT. "due process of law," what is 7, p. duo process not necessarily judicial prucess 7, p. summary process to enforce payment of taxes valid. . . .7, p. trial by jury not necessary to '• due procesi" 7, p. statute dispensing with judicial ascertainment of facts nut *' due process" and unconstitutional 7, p. oa statute authorizing seizure and destruction of gambling tables ai.d devices, or of implements u ed in illegal fishing, without judicial hearing and judgment. .7, p. right to " due process" inhibits the legislature from dispens- ing with personal service 7, p. legislature cannot pass judgments or decrees 7, p. agreements having tendency to prevent or influence course of public justice illegal and void 5, p. Covenants. See DEKD.S, 3. iu leases, see Landlord and Tenant. not to sue, see IIi!:le.ase. assumpsit distinguished from action of covenant 7, p. Credit. implied power of agent to give credit 1, p. Crimes. See Torts. when tort a crime, oDTender need not first be prosecuted criminally 3, p. Criminal Conversation. action lies by husband for seducing or enticing away wife 3, p. actual marriage must be proved 3, p. defenses to action 3, p. measure of damages 3, p. evidence in actions of 3, p. Cropper. as to crops raised, owner of land and cropper are tenants in common 6, p. Crops. See also Accession; Emblements. crops standing uncut and ungathered are real estate. . .6, p. 5054, § 3783 50:.6, § 3788 595(;, § 3788 5050, § 37S8 5957, § 3788 5057, § 3788 5957, § 3788 5957, § 3788 3998, § 2397 5734, § 3CS9 105, § CO 1720, § 1015 1915, §1105 191C, §^1103 1{)18, §1106 1918, § 1107 1920, § 1108 4571, § 2800 4370, § 2GS1 CROPS— DAMAGE3, 0489 Crops— (Continued.) go to iluvisee of land, not to exrcutor 0, p. 4^72, § SCSI sale of land can ies growing crops 6. p. 4;{7-, § -Oil crops planted after action of ejectment commenced belong to one recovering possession 6, p. 4372, § 2031 alitcr if crops are hiuvestcd before judgment 6, p. 4j7-, § 2US1 crojjs sowed by one having no ()\vner.slii[), nor permis>ii)ii from owner of land, belong to latter 6, p. 4372, § 2CS1 crop when mature and to be gatiiored immediately, may be sold as persoualty 0, p. 4073, § 2tJSl Cross Complaint. See Pleading and Pbactice, 4. Cruelty. See Divorce, 3. Curative Laws. See Constitutional Law, 6. Curtesy. See IIUSBAXD AND WiFB. Custody. Sue Parent and Child, 2, Custom. See Usage and Custom. Cy-pres. the doctrine oi cy-prca 2, p. IIGS, § C30 Dairies. when a nuisance 6, p. 4SGC, § 2D92 Damages. See Proxhiate and Remote Causis, 1. General Principles. 2. Assault and Battery. 3. Action for Causing Deatii. 4. Action for Killing Stock by IvAILT?oads. 5. Breach OF Contract; Sales; Vendor and PcECnASlB, G. Breach of Covenant in Deeds. 7. Carriers of Goods and Passengers, 8. Civil Damage Laws. 9. Insurance— Fire. 10. Insurance— Life. 11. Insirance— Marine. 12. False Arrest and Imprisonment. 13. Landlord and Tenant. 14. Malicious Pkosecution. 15. ^" EG LioKNT Injuries. 16. Nuisance. 17. Seduction and Crim. CoK. 18. Slander and Libel. 19. Telegraph Companies. 6400 DAMAGES. Damages— (Continued.) 20. Tkadk-maiuvs. 21. Watiksasu WATnn-counsF.g. 22. In UiiiKit ArnoNs anu Casks. 23. LryUlDATKO D VMAfJES AUD TjiNALTIES, 24. E.\i;Mri,AUT Damasks. 2"). AcinsAVATioN OF Damages. 2G. MiTIOATIO.V OF Damacjk3. la General I'riiii'ij)li'». what iuo yciioral diimagc^ , 5, p. 42S1, § COIG wliat aro spuoial dainagus 5, p. 4US5, § 2til7 when (hiiiiagus Unary assessed, aniouiit c urliisive, and no fuluro lo-i3 suliSL'qnuatly ari.iiiig from same cause can bo made ground of now action 6, p. 4292, § 2024 if action barred, by lapse of tiim-, or by s itisf'iclion or dis- chaige, all claim for damages niibsei|uently arising from same cause barred with action 5, p. 4202, § 2024 but damages assessed are not bar to now cause of aotiiin.5, p. 4'2i)3, § 2025 damages cannot bo assessed beyond penalty of bond 2, p. 151)7, § 883 both apceific performance and damages nut generally given, 5, p. 4251, § 25S4 damages recovered in action by husbiind and wife for per- sonal injuries to wife aro property of husband.. . .3, p. 1359, § 733 2. Assault and Battenj. plaintiff miy recover general damngi s from assault 3, p. 1 SI 7, § 1000 loss of time 3, p. 1817, § lOGO physician's charges 3, p. 1817, § lOOO personal suffering 3, p. 1817, § lOfiO mental anguish 3, p. 1 SI 7, § 1000 cannot recover costs of suit 3, p. 1818, § 1063 exemplary damages recoverable when 3, p. ISIS, § 10(51 evidence in aggravation of damages 3, p. 1818, § 1061 evidence in mitigation of damages 3, p. 1319, § 1062 3. Action for Ciiiisiiiij Death. pecuniary loss on i)art of beneficiary requisite 3, p. 17-0, § 1021 pain and suffering of deceased not an elomont 3, p. 1730, § 1021 not necessary that beneticiary should have legal claim on deceased 3, p. 1730, § 1021 nominal damages recoverable 3, p. 1 732, § 1021 exemiilary damages, when recoverable 3, p. 17.32, § 1021 illustration of verdicts not disturbed on appeal. . . .3, p. 17.33 n , § 1021 measure of damages where , § 1023 evidence admissib'e in mitigation of damages .3, p. 1736, § 1024 4. Actum arjdlud Hail road for Killinif Storl: where stock is killed or rendered entirely valueless, measure of damages is its value at time of injury 3, p. 2542, § 1418 DAMAGES. 6491 Damages— (Continued.) where animal killed or injured has vahie as meat 3, p. C542, § 1413 if animals killud arc used or yiveu away by plaintiff, value of carcass aliould bo duduo'ed 3, p. 2513, § 1418 not necessary tliat owner of animal maimed should surrciidur it to company 3, p. 2543, § 1418 plaintiff not entitled to interest on the value of stock from date of injury 3, p. 2543, § 1418 if evidence shows willful mischief or gross nc;^lii;ence, jury may find punitive or exemplary dama;^'o-( 3, p. 2'43, § 1413 verdict in excess of real injury, ^v '■ be set aside 3, p. 2513, § 1418 aliter if it is only slightly in excess of amount at which court would have assessed damages 3. p. 2513, § 1418 double damages recoverable by statute 3, p. 2543, § 1418 statute allowing attorney's fees in addition to damngo valid 3, p. 2544, § 1413 6, Breach of Contract, Sak^, Vendor and Purclta>icr. measure of damages is benefit that plaintiff would have re- ceived if contract had been performed, and his pecu- niary loss resulting from breach 5, p. 4285, § 2C18 measure where property is in question is value of article as nearly as it can be ascertained 5, p. 4285, § 2018 in action on written contract for sum certain, contract it- self furnishes the rule of damages 5, p. 4285, § 2G18 but if agreement unconscionable, court will render such damages as may appear reasonable, without being bound by terms of contract 5, p. 42S5, § 20 18 damages include everything within intention of parties at the time contract was made 5, p. 42SS, § 2G20 damages not recoverable which are enhanced by plaintiff's neglect 5, p. 4286, §2018 remote damages not recoverab'o on breach of contract. .5, p. 428fi, § 2019 illustration if remote damages 5, p. 428(), § 2019 damages cannot be awarded for mere disajipointmcnt, or in- jury to feelings, or vexation of mind, caused by breach 5, p. 4288, §2021 aliter as to contracts of marriage 5 , p. 4289, § 2021 profits recoverable when their loss is natural result of breach 5, p. 4289, § 2023 personal trouble and inconvenience proper subject of dam- age when caused by breach of contract 5, p. 4239, § 2022 expenses of promisee in carjying outbroken promi-se are re- coverable 5, p, 4293, § 2026 nominal damages always recoverable for breach of con- tract 5, p. 4294, §2627 measure of damages for breaches of various kinds of con- tract 5, p. 4311, §2638 UdUU DAMAGES. Damages— (Continued. ) to employ j»l;iiiiliir to cultivate a farm on sbnros 0, p. 4"11, § 2(>f>S to 8nii])(>i't aiiotluT for liii lifu 5, )>. 4.'!1 1, § '2ii.'(3 fur failure to erect mill at the time KtiiinLitci] 6, p. 4311, § 12U3S for Lrfauli of contract to jiay cabh aiul to yive iinmiissory notes for proifi ty aoUl 6, p. 4311, § 2C33 of contract by wurtliousciiiiii to deliver, ou Uomaiid, wheat stored 5, p. 4.^11 , § 2fi;:8 of contract to cxclian^'e one article for ai'otlier 6, ji. 431 1, § '2(t\iS of u^rccincnt uut to en^a^e iu Luaiiuas at certain jilacc 6. p. 4311, §2033 for breach of contract of insurance company for Avrcnj^ful dismissal of plaintiff from its service 6 p. 4311, § 2C.']3 to as.si;^n fire insurance policy which, by reason of breicii, became void 5, p. 4311, §2033 of stipulation by insurance company with an a^cnb not to increase the rates 6, p. 431 1 , § 2333 of contract to make r'>ad of cc rtain grade 6, ]>. 4311, § 2033 for violation of contract not to erect ferry 5, p. 4313, § 2033 for breach of contract of sale of good will 5, j). 4313, § 2i)33 of certilicate of pirniaiifnt scholarship in co^lr-e 5, p. 4313, § 2038 for bleach of contract and hindering plaintiff from com- pleting his part 5, p. 431 3, § 2033 for breach of contract to pay debt of plaintiff 5, p. 4313, §2033 to furnish freight for a boat 6, p. 4313, § 2033 to store fruit at a ccituin temperature, and decay of the fruit 5. p. 4313, §2038 to pay joint debts, ow ing by parties thereto, and to obtain discharge of mortgage on their property 5, p. 4313, § 2033 for neglecting to insert advertiseir.eut of public sale of real estate 5, p. 4313, § 2033 for breach of contract for exclusive sale of article of mer- chandise 5, p. 4312, § 2033 for failure to deliver cei tilicates of stock 5, p. 4312, § 2033 for failure of bn.kcr to sell as directed by customer. .5, p. 4312, § 2033 for breach of contract to djliver corn to bo ground at mill 5, p. 4312, §20.33 for breach of contract to deliver logs to be s-iwed. . . .5, p. 4312, § 2033 for non-paymeut of note payable in script 5, p. 4312, § 2033 for breach of bond payable in notes of certain bank. .5, jj. 4312, § 2038 for breach ol' contract by railroad to give a life pass. .5, p. 4314, § 2033 to ship by certain ship all one's goods 5, p. 4314, § 2038 of agreement to dismiss suit 5, p. 4314, § 2033 for failure to carry oui bid at public auction 0, j). 4314, § 2038 to put in additional machinery in mill 5, p. 4314, § 2033 to rent rooms for certain period 5, p. 4314, § 2033 to build fence and wagon road 5, p. 4314, § 2038 DAMAGES. G4 roinovo fjoiuls stored at end of tiTin .... 5, p. damajm on oontr.iot fur ualo of ^,'o.idi— ayuujt buyer fur nut payiiif{ price 6, p. for not aciiupliny goods 6, p. against seller fur not delivering goods 6, p. wliere goods are bought for sjetilic purpose 5. p. fur breach of warranty generally 6, p. for bnath of dLScription 6, p. ia action liy seller against purchaser of land, if conveyance has been e.xiciited and accepted, whole purcliase- nionny ia recoverable 5, p. measure of damages where purchaser refuses to accept convey- ance, and land remains property of vendor 6, p. purchaser, where seller docs not make good title and com- plete sale, may recover purchase-money paid, with in- terest, and costs of making contract and investi-ja- ting title 5, p. measure where vendor fails to complete by reason only of being unable to give good title 5, p. what damages not recoverable by puruha-ser 5, p. measure for failure or defect of title to part of the land con- veyed is relative value which part taken away bears to whole 5, p. measure on breach of contract to convey in consideration of performance of .act by vendee 5, p. measure for vendor's false representations as to land. . .5, p. measure for breach of parol agreement to sell land 5, p. for breach of contract to make lease 6, p. C. Drcarh of Cvvoiantu In Deeds. measure of damages for breach of covenant of seisin or right to convey is money paid and interest 5, p. but until evicted by title paramount damage is only nominal 5, p. measure when covenant of seisin is broken in part 5, p. for bieach of covenants for quiet enjoyment or of warranty, consideration money, with interest and costs, is measure of damages 5, p. in some states measure of damages is the value of land at time of eviction 5, p. expenses of defending title include necessary counsel fees. 5, p, for improvements made, or for increased value of property, no recovery can be had 5, p. fact that vendee received no rents and profits from premises cannot be taken into c nsidei'ation 5, p. Lawson R. & R.— 434. 4.ni,-), 43 io, 4':0l, 4'.'{)t, 4:i)r), 4'J'.>7, 4'J'J!), 4301, § 2033 S 2038 § 2G-'8 g 2li2'J § 2(;3U g2(i31 g 2(J32 §2G33 4307, 4307, §2036 §2030 4308, § 2037 430S, 4308, § 2037 §2037 4309, § 2037 4310, 4310, 4310, 4J75, § 2037 § 2037 S 2037 §2801 38G8, § 2304 3S68, 3800, §2304 § 2304 3SG9, § 2304 3372, § 2304 3871, § 2304 3871, §2334 3871, §2304 6494 DAMAGES. Damages —{Continued .) that land was bought for particular purpose, which was known to vendor, makes no difference 5, p. 3871, § 2304 upon exchange value of the tract conveyed, and not that of tract received, is true criterion of damages 5, p. 3S71, § 2304 upon covenant against encumbrances, damages are diniinution in value of estate by reason of existence of encum- brances 5, p. 3871, § 2304 only nominal damages recoverable, unless covenantee can show actual damages 5, p. 3872, § 2304 on removal of encumbrances by grantee he may recover what he paid, 5, p. 3873, § 2304 measure of damage;i on breach of covenant to sell and con- vey 5 , p. 3S73, § 2304 7. Carriers of Goods and Pasievgers. lu action against carrier for default in delivering goods, meas- ure of damages is value of goods at place of destina- tion at time when they ought to have been deliv- ered 5, p. 4302, § 2C34 highest market value between time of receipt by carrier and suit brought allowed in some cases 5, p. 430'' 2634 in case of delay, consignee may recover for fall in market price 5, p. 4303, JG34 unless carrier has notice of injury, he is not liable for more than ordinary damages 5, p. 4303, § 2634 only such damages recoverable as were contemplated aa a consequence of default in delivery 5, p. 5304, § 2634 where goods are delivered damaged, measure difference be- tween value as damaged and value at their destina- tion had they been delivered in good order 5, p. 4305, § 2634 measure on loss of negotiable instrument by carrier. . . .5, p. 4305, § 2634 measure, Mhcre a carrier unlawfully refuses to carry goods 5, p. 4306, §2634 for breach of contract to carry, passenger may recover cost of reaching destination and conipensatioo for trouble and inconvenience 5, p. 4306, § 2G35 passenger neglijjently carried bej'oiul station may recover compensation for incouveuience, loss of time, and labor of traveling back 5, p. 4306, § 2635 damages may be recovered for fraudulent or oppressive conduct on the part of tho carrier pj'oducing great bodily or mental suffering 5, p. 4306, § 2033 one who has been unlawfully ejected entitled to damages for indi^jnity and injury to feelings 5, p. 4306, § 2(;3C or from illness or injury received from being ejected. 5, p. 4306, § 2635 8, Civil Damiige Laws, measure of damages for injuries to person 3, p. 1954, § 1 133 DAMAGES. G495 Damages— (Continued.) nieas;: re of (Lima;;e3 for injuries to property 3, p. innfi, §1134 measure of tlamagus for injuries to means of support. 3, p. lOaT, § 1135 exemplary dainaj^'cs re joveral)le wlieii 3, p. ] 002, § 1 136 remote damages not recoverable 3, p. 19ii3, § 1137 evidence in mitigation of damages 3, p. 1905, § 1138 9. Insurance — Fire. iusured entitled to recover to amount of liis loss, if less than sum insured, or whole sum if liis Iwss exceeds that, witho^it reg.ird to value of property 5, p. 3G10, § 2115 insured entitled to recover value of property insured. ..5, p. SCIO, § 2116 by " value" is meant actual ci.sli value in nvirket 5, p. 3020, § 2116 amount which mortgagor and mortgagee insuring property may recover 5, p. 3020, § 2116 where leasi.1\ Id is insured, value of unexj.ired term is me".^'-:e of damages 5, p. 3C51, §2116 policy may nstrict amount to be recovered for dettroyed property to certaiu proportion of value 5, p. 3G21, § 2116 where policy provides for apportionment of loss and ex- pcnsds of removal and protection of goods during tire proportion to be borne by each will be according to hid interest 5_ p. 3022, § 2116 remote or consequential damages not recoverable 5, p. 3C24, § 2117 as damages caused by an interruption of business 5, j). 3024, § 2117 or the expenses of keeiung employees vhile rebuilding, though in consecpieuce of fire no return can be had far ^'aa«3 5^ p 3024, § 21 17 or prospecive rent 5, p. 3024, § 2117 prospective profit may be specially iusured, and will then be recoverable 5, p. 3024, § 2117 right of insurer to rebuild or replace property de- stroyed 5^ p. 3624, §2113 10. Insurance — Life. policy of life insurance is not contract of indemnity; amount of insurance is measure of damages, unless Buch overiusurance as to reader it wagering and ^°'^^ 5, p , 3652, § 2136 where policy taken out on debtor's life, residue after paying debt belongs to debtor's estate 5, p. 3G32, §2136 creditors of insolvent entitled to proceeds of policies for benefit of wife only to extent of premiums paid after ins.d vency 5^ p. 3552, § 2136 stranger who pays premium not entitled to reimbursu- ^^^^ 5, p. 3653, §2136 claim of policydiolder in insolvent company is a death claim when from age re-insurance is impossible 8, p. 3(553, § 2136 non-forf eitiug policies, rights under 6, p. 3653, § 2137 6496 DAMAGES. Damages— (Continued.) 11. Insurance— Marine, andei open policy, in case of loss, assured must prove actual value of siilijuL't of insurance 5, p. 3717, § 2193 nndcr a valued policy he need never do so, except in cases of enormous or frau lulent overvahiation 5, p. 3717, § 2193 in case of partial loss, marine insurer liable only for such proportion of loss as amount insured hears to entire value of insured property 5, p. 3718, § 2194 where profits separately insured, insured entitle I to recover proportion of such profits equivalent to proportion which value of property bears to value of whole. .5, p. 3719, § 2195 value of ship, how estimated in case of open policy 5, p. 3710, § 2196 of cargo, how estimated in case of open policy 5, p. 3720, § 2197 of freight, how estimated in case of open policy 5, p. 3720, § 21 98 cargo arrivinr^ damaged 5, P- 3721 , § 21 99 insurer liable for labor and expenses 5, p. 3721, § 2200 suing .and Laboring clause 5, p. 3721, § 2201 general averiige, contribution 5, p. .3722, § 2202 one third new for old 5, p. 3724, § 2203 12. False Arrest and Imprisonment. plaintiff entitled to more than nominal damages without allowing special damage 3, p. 1841, § 1077 exemplary damages recoverable where arrest malicious 3, p. 1844, § 1077 evidence relevant in question of damages 3, p. 1S45, § 1077 evidence relevant iu mitigation of damages. 3, p. 1845, § 1077 plaintiff's costs in suit iu which he was arrested recover- able in 3, p. 1845, § 1077 13. Landlord and Tenant. measure of damages for breach of ontract to give lease. 6, p. 4094, § 2380 special damages from breaking-up cstablishm'.nt and moving with family and furniture 6, p. 4C94, § 2SS0 where landlord unlawfully enters upon demised premises and expels family of tenant 6, p. 4G94, § 2889 plaintiff not entitkd to recover for injury to health resultinj from exposure from journeying from premises 6, p. 409 1, § 2SS0 compensation for improvements on eviction allowed, whore made in good faith 6, p. 4394, § 2880 where lessee's term is cxtinguishcil by foreclosure of mort- gage 6, p. 409 1, §2889 measure of damages for breach of covenant in lease 6, p. 4G94, § 2SS0 meature of damages by lessee against lessor for no*^ putting him into possession 6, p. 4094, § 2SS0 for breach of covenant against encumbrances 6, p. 4095, § 2'^80 for breach of covenant to insure 6, p. 4()9 ">, § 2880 for broach of covenant to repair 6, p. 4G95, § 2SS0 DAMAGES. 6497 Damages— (Continued. ) for breach of covenant to pay a deficirncy of rent, if land- lord should re-enter for non-iiaynieut 6, p. 4095, § 23S0 for breach of tenant's covrnant to build 6, p. 4G9G, § 2SS0 for breach of covenant to allow removal of building 6, p. 460G, § 2880 14. Maliciou-H Prosccutinn. damages recoverable for injury to reputation, feelinga, health, mind and person caused by arrest 3, p. 1909, § 1104 for injury to his fame and reputation occasioned by false accusation 3, p. 1909, § 1104 attorney fees expended in the defense of malicious suit re- coverable 3, p. 1909, § 1104 attorney fees expended for bringing action is no part of damages 3, p. 1909, § 1104 punitive damages may be assessed when 3, p. 1910, § 1 104 pecuniary circumstances of defendant relevant 3, p. 1910, § 1104 cannot recover for conversion of goods attached 3, p. 1911, § 1104 jury judges of amount of damages 3, p. 1911, § 1104 15. Najlljenl Injuries. plaintiff may recover for loss of time and incapacity to labor caused by injury 3, p. 2161, § 1217 bodily injury sustained 3, p. 2161, § 1217 pain undergone 3, p. 2161, § 1217 effects on health and its probable duration 3, p. 21G1, ^i 1217 expenses incident »1 to attempts to effect cure 3, p. 21G2, § 1217 expenses in procuring medical and surgicid atteiiral support of land 6, p. 451G, i? 2783 measure of d:i!ni;^J3 for obstructing a way 6, p. 4551), § 27D5 for wrongful revocation of submission to arljitratiou 6, p. 523y, § 3325; 6, p. 5333, § 3302 against acceptor for refu ing to pay bill 4, p. 2(i()i, § 1520 on refusal to accept draft 4, p. 2G47, § 1505 agains" agent for neglect to present bill or note f jr i>ay- ment 4, p. 2G59, § 1514 depositor who-e check is dishonored by banker entitled to nominal damages 2, p. 951, § 533 but if a trader he may recover substantial d.viuages. .S, p. 951, § 533 against bank for neglect of duty in undertaking to collect, is actual loss sustained by party interested in the paper 2, p. 871, § 512 measure of dimig33 on taking of property under rigiit of eminent domain 7, p. 0121, § 3383; 7, p. in taking by railroads 7, p. in action for wrongful entry 7, p. where incidental injuries cannot bo recovered for. . . .7, p. 23. Liquidated Dama'jes and Penullits, contract may expressly assess damages to be recovered for breach 5, p. illustrations of licpiidated damages in contraobs 5, p. contract may nane poualty for non-performance 5, p. but this sum not recoverable in all cases 5, p. ill actio:) on bond obligee can in no case recover more than amount of penalty 5, p. aliter as to other instruments 5, p. whether sum is "penalty ' or "liquidated damages" not con- cluded by use of those words 5, p. 4317, § 2G43 whether sum mentioned in agreement to be paid for breach is penalty, or liquidated damages, question of law 5, p. 4318, § 2G43 where it is plain that the parties meant the sum li.Kcd to be liquidated damages, the court will not interferes, p. 431S, § 2G43 if doubtful, upon whole agreement, whether sum named was intended to be psnalty or li([uidated damages, it will be construed penalty 5, p. 4318, § 2643 other rules for determining whether sum fixed in contract is penalty or liquidated damages 5, pp. 431 9 to 4325, § 2643 24. Ejcmphm/ Damages. iu actions of assault and battery . 3, p. 1818, § 1061 61.35, §3893 G122, § 3889 0153 § 39J3 0125, §3890 4315, § 2fi39 431. -^ S 2G:i'j 43 IG, § 2.J4 J 4310, g2GiO 43 IG, § 2041 4317, § 21)42 6502 DAMAGES — DEATH. Damages— (Continued. ) for causing death 3, p. 1732, § 1021 for killing stock by railroad 3, p. 2')4.% § 1418 under civil damage laws 3, p. 196'J, § 1136 of false imprisonment 3, p. 1844, § 1077 of malicious prosecution 3, p. 1010, § 1104 for negligent injuries 3, p. 21()5. § 1219 aga nst corporations 3, p. 21CG, § 1219 against municipal corporations 3, j). 2\Gii, § 1219 for nuisance 6, p. 4S").3, § 2079 of criin. con. and seduction 3, pp. lOlS, 1034, §§ 1107, 1119 of slander and libel ' 3, p. 2.J:,C, § 1302 against telegraph companies 4, p. 3348, § 1007 for infrini^ement of tnide-mark 4, p. 2S55, g 1646 for stopping up water-course 6, p. 477i5, § 2026 on attachment bonds 7, p. 552 1, § 3o49 in actions of replevin 7, p. 5()44, § 3Go2 in actions for breach of promise 2, p. 1204, § 700 servants of railroad willfully failing to stop car when signal given case for exemplary damages 4, p. 3245, § 1S95 25. Affjravatiuii of Daviages. evidence relevant in, in actions of assault 3, p. 1818, § 1061 in actions of slander and libel 3, p. 2359, § 1303 26. Mit'iijition of damages. evidence relevant in, in action of assault 3, p. 1820, § 1062 in action for causing death 3, p. 1736, § 1024 under civil damage laws ■ 3, p. 1 965, § 1 138 for false imprisonment 3, p. 1844, § 1077 for negligent injuries 3, p. 21 67, § 1220 of cW/». con 3. p. 1010, §1107 of slander and libel 3, p. 23C1, § 1304 Damnum Absque Injuria. See Actions; Torts. Date. See Deeds. date of bill or note not essential 4, p. 2603, § 1467 Days of Grace. See Banks, 6; N'egotiab..e Instruments, 4. Deafness. deafness does not constitute incapacity which vitiates will 6, p. 5144, § 3166 person deaf and dumb from birth not deemed non compos 2, p. 154.3, § 843 deaf persons not incapable of marrying 2, p. 1297, § 7C.j Death. See Contracts, 11; Husband and Wife, 8. no action at common law for causing death 3, p. 1721, § 1016 DEATH. 6503 I>eath— ( Conti nued . ) statutory action for causing death 3, p. 1722, § 1017 statutes are remedial and liberally construed 3, p. 1722, § 1017 include corporations causing death, as well as natural persons 3, p. 1722, §1017 statutes ai)ply ti marine torts 3, p. 1722, § 1017 where death instantaneous 3, p. 172;^, § IOI7 who may sue, and for whose benefit 3, p. 1723, § 1018 construction of words in statute, " wroigful act, neglect or default" 3, p. 172G, § 1019 right not eularged by statute; action lies only where de- ceased could liave sued if he had survived 3, p. 1727, § 1020 no recovery where deceased was guilty of contributory ne^'li- gence 3. p. 1723, § 1020 or where death was caused r)y neglect of a fellow-servant in common employment 3, p. 1723, § 1020 person cannot un ler statute giving action for causing the death of another, maintain action against retailer of intoxicating liquors, who sells them to man of intem- perate habits, and drinking of which causes his death 3, p. 1940 w, §1125 measure of damages in actions for causing death 3, p. 1729, § 1021 See further. Damages. landlord's estate assigned by his death 6, p. 4653, § 2S49 laniilord determines tenancy by sufferance 6, p. 4590, § 2812 on death of lessee, his executor or administrator is liable as assignee of leasehold estate 6, p. 4650, § 2846 of either party dissolves tenancy at will 6, p. 45S8, § 2S10 upon death of one of several joint contractors, legal liabil- ity under contract devolves on surviving joint con- tractors or joint contractor 5, p. 3975, § 2383 of arbitrator or referee before award revokes submis- sion 6, p. 5331, § 3361 of party before award revokes submission 6, p. 5,131, § 3361 dissolution of attachment— by death of defendant 7, p. 55C7, § 3587 on death of joint payee of bill or note, title vests in sur- vivor 4, p. 2720, § 1554 upon death of one of makers of joint note who signed as surety only, his estate discharged from liability on note 4, p. 2700, § 1017 corporation dissolved by death of all its members 1, p. 846, § 505 statutory lien for debts due dues not give lien upon divi- dends accruing after death of shareholder 1, p. 773, § 465 hnsband's liability for wife's ante-nuptial debts, ceases on death of wife 2, p. 1316, § 718 if one of members die, creditor of association must proceed and exhaust remedy against surviving members . . 2, p. 1073, § 699 6504 DEATH. Death— (Continued.) where attorney dies before the cause determined, adminis- trator may recover i/uantuin iw ruit 1, p. S'')0, § 209 rights and powers of survivor after death of one partner. 2, p. 1"2.')4, § 077 dissolution of partnership liy death of partmr 2, p. ll'41, § 071 ou death of partner, i)artnership realty goes to heirs, and is not distiibuted as personalty 2, p. 12^0, § 002 termination of guardianship, by death of guardian 3, p. \5'A, § 853 termination of guardianship, by death of ward 2, p. 1554, § 859 authority of bank to pay cheek revoked by death of cus- tomer 2, p. 9GS, § 537 death of bank president in whose name judgment was ob- tained did not abate suit brought in behalf of bank l,p. 709,§ 420 on death of president of corporation, the vice-president may act 1, p. 709, § 420 death of either party ends contract of service 1, p. 490, § 2S7 when agent's authority has been revoked by death of prin- cipal, agent not personally liable 1| p> 182, § 110 death of agent terminates agency, but does not alTcct au- thority of sub-agent 1, p. 63, § 47 death of agent acting under power of attorney giving right of substituti m revokes authority of sub-agent ap- pointed under such power 1, p. 05, § 47 where agent is a j artnership, death of one partner termi- nates tiio agency !> p. 65, § 47 by death of attorney powers of substitute cease 1, p. 209, § 101 M'here note is given to attorney for feo, death of maker at hands of mob before trial constitutes partial failure of consideration 1, p. 350, § 209 termination of attorney's autliority by death of client. . 1, p. 277, § 107 authority determined by death of attorney 1, p. 277, § 107 or by death of one member of firm 1, p. 277, § 107 of client does not affect privilege as to communications be- tween attorney and client 1, p. 238, § 146 of princip il dissolves agency 1, p. 03, § 46 unless coupled with interest 1, p. 03, § 46 effect of death of agent on authority of 8ub-ag(?nt 1, p. 03, § 46 acts of agent after death of principal, when void 1, p. 04, § 46 at what time docs revocation take place 1, p. 09, § 55 death of bailee or b.iilor terminates bailment 4, p. 2938, § 1714 administration on estate of living person, effect of 2, p. 1023, § 898 grant of letters of admiuistratiou raises presumption of death and intestacy 2, p. 1023, § 893 of master or partner in Hrm dissolves contract of appren- ticeship 1, p. 437, § 239 excuses completion of contract of service 1, p. 450, § 252 DEATH — DEEDS. 6505 Death— (Continued.) death dooi not disinlve injunction 7, p. 5788, § 3704 offer i3 revoked by de;itl> of olf. rur or ofTcroo licforo accept- ft»co 6, p. 37j7, § 223J woman's right to niako will, where liusliand dead in law 3,I'.1397,§ 7G0 action will not lie for mutilatini,' the du:id l)()dy of pl.iint- iff'a intestate 3, p. 1717, § 1012 notice in ne wsj) vper of d iath of li vin ,' por.son a lil)cl . . . . 3, p. 22Gli, § 1200 property on body of drowned mm w.islie 1 aaliore from ship- wreck not derolict, but g0J9t>)hi3 personal represL-nt- aiives 3, p, 23S7, § 1310 presumption of survivorship incase of death by common dis- aster 6, p. 5074, §3114 Debt. assumpsit distin^iuiahcd from action of debt 7, p. 5734, § 3GS9 as chattels 3, p. 2444, §3 l^jjl, 1352 Deceit. See also FaLSK IiErRF.aRNTATIONS. action of deceit will lie by party who hn% been induced to in* sure in worthless company against olRjers of the com- pany who have mado false statements 5, p. 3537, § 2093 action will lie o^.iinst agent who hi-s untruthfully reprosentei! that plaintiff is insured 5, p. 3503, § 2093 corporation liable for deceit or false representations of its agents 1, p. (;34, § 367 Declarations. See Evidence, 1. Decree. See Tddoments; Mortgage, 9. Dedication. See Railroads. railroads can acquire lands by, when S, p. 993, § 5'3 public may acquire easemeut iu law by dedication 6, p. 452 J, § 2777 Delay. See Laches. Deeds. of partition, see Partition^. of separation, see Divorce, 1. of trusts, see Tul'sts 2; MoRTOAnES, 1. conditions and covenants in, see Real Propertt, 4. of land under or near water, see Wai ER and WATiin-rouRSEf, 1, by husband and wife of wife's lands, see Husband and Wikk, 5. acknowledgment of deed of married woman, see Husdand and Wife. when required in appointment of agent, see PniNCirAL and Acjknt. See also DAMAfiE-i; Escrow; REnisraAXioN; Cancisllaxiox OF Insthujients; Reformation. 6506 DEEDS. Deeds — (rontinucd.) 1. The Ukkij; its Kxecutiox aud Drlivert, 3. CovEVA.vr.s i\ Deeds. 1. The Deed, Uh Execution awl Ddivertj. doud doliiiud 5, p. 3780, § 22G0 title to real property cannot bo trausferrud by parol; must be by deed 5, p. 3780, §2200 no prcsorihud form essential i-* validity of deed 5, p. 37St), § 22()0 inuit bo enoiiyh to show intention to couvey 6, p. 37SG, § 220G writing iatenlod as a reconveyance, but not scaled or ac- knowledged, inoperative 6, p. 3780, §2206 ASsigDmont of deed indorsed tliercou does not convey any interest in lands described 5, p. 37SG, § 22GG canceling of a deed does not revent property onco passed 5, p. 3/80, §2206 deed merges all prior contracts in reference tliereto....6, p. 3786, § 2206 the dilTerent parts of a deed 6, p. 3786, § 2266 deed is not pir se evidence of seisin 6, p. 3787, § 2206 in England title deeds go to purchaser; aUter in the United States ..6, p. 3787, §2260 deed of release and rjuitclaim transfers title, though trans- feree had no interest and was not in possession. . 6, p. 3787, § 2207 effect of quitclaim deed 4, p. 3473, § 2033 what passes and effect of quitclaim deeds 6, p. 3783, § 2207 quitclaim deed does not give right of bona fide pur- chaser 6, p. 3789, § 2267 grantor and grantee must be correctly described in deed 6, p. 3790, § 2268 effect of mistakes or defects in names of grantors or grantees in deeds of conveyance 5, pp. 3790 to 3793; p. 2268, § 2269 deed to dead person or one unborn is void 6, p. 3792, § 2269 deed must be signed and sealed 6, p. 3793, § 2270 in what way may signature be made, and who may sign 6, p. 3793, §2270 what seal is sufficient; when scroll allowed 5, p. 3795, § 2270 witness not requisite t) validity of deed 6, p. 3790, § 2271 mode of proof of deed without witnesses 5, p. 3796, § 2271 when statute requires witnesses, attestation reiiuisite in all cases 5, p. 3796, § 227. acknowledgment of deeds when required by statute must be made or deed valid only between parties 5, p. 3797, § 2272 requisites of acknowledgment 5, p. 3797, § 2272 who may take acknowledgment 5, p. 3798, § 2273 who may make acknowledgment 5, p. 3798, § 2273 construction and effect of certificate of acknowledg- ment 6, p. 3799, §2274 DEEDS. G507 Deeds— (Continued.) deed executed in blank, or with material omission, cannot be compk'tfd by sub.seiinently filling in blank, with- out re-execution and rodulivury 0, p. 3S01, § 2273 subsequent aekmnvle Igiuont may operate as a rode. livery 6. p. 3S01, § 2273 delivery essential to give edeut to deed, wlietiicr fuiindud on cnnsideration or not 0, p. SSO.'i, S 2270 form of delivery; how delivery may bo iniul; 5, i). liSOl, g 227(; deed in pD.ssession of grantee presumed t) h:ivo bjon 'l^l'v^rod 6, p. 380S, § 227G other acts from which delivery of deed may bj pre- s""«d 5, p. 3S03, § 2270 burden of proof that deed duly rcoorlod was never delivered is on grantor iu action of ejoct;nent ag;iin.st innocent purchaser 5 ,, ^^]0, ^ 2270 cases in Mhieh delivery was held sulliciunt 5, pp. liSlO-.^SIO, i; •J27(J insufficient Q, j,p. .SSII-GSIG, § 227G whether there has been delivery of deed or not mixed (pies- tion of law and fact 6, p. 3S13, § 2270 deed of corporation need not be delivered 5, p. nSJl, § •J27() patent from government need not bj delivere 1 5, p. 3S14, § 2270 acceptance by the grantee e3^ential, for title will not pvss until deed has been accepted 5, p. 331 1, § 2270 and grantee must accept before the rights of third purtius have intervened 5, p. 3Si.t, §2270 acceptance of deed presumed where instrument is benefirjal to grantee 5, p. ssU, §2270 deed takes effect from delivery, and presume 1 to have Iiclmi delivered and to take elFcct from date 5, p. 3315, § 2270 may bo shown by parol, that deed was didivored (ui different day from that on which it boars d.ite. .,.">, p. OSlo, § 2270 attestation clause not conclusive as to the d^ie of de- livery 5, p. nc;]f5_ gooyg deeds delivered in escrow 5, p. 3317, § 2277 See Escrow. registration of deeds 5, V- 3S23 § 227S See riEGISTRATION. notice of unregistered deed 5^ p. 3327 § 2230 See IIegistration. implied power of agent to make deeds 1, pp. JOG, 107, § 7a to bind principal agent must execute deed in name of principal 1, p. ,57 § ,0^ •'eed to dead person or one unborn is void .5, p. 3792, § 22J9 contract under seal in name of agent cannot be enforcotion following general one will control. 5, p. 3840, § 228? if ditferent parts of description are consistent, no part should be rejected 5, p. 3841, § 2285 false or impossible part may be rejected; c/ijent omis- sion iu description may be gujjplied by construc- tion 5, p. 3841, § 2285 presumed that 1 nd is situated in the state where deed was executed 5, p. 3341, § 2233 where there are two conflicting descriptions., each equally certain, that wU control which is more favorable to tlie grantee 5, p. 3841, § 2235 no objection to a deed tha' the description of lands conveyed is in (igures and abbreviations 5, p. 3841, § 2285 mistake in spelling the name of a tract of laud will not vitiate deed 5, p. 3811, § 2.^35 tract which li;is well-known name may be described by that name 6, p. 3811, § 2235 DEEDS. 6uOU Daeds— (Continued.) may be dosciibed by reference to another deed or map cnn- taiuiiig description 5^ p. 3341^ §2285 if land has two naines, it may be described by cither. . .5, p. 3S41, § 2285 description by metea aiul bounds 6, p. 3342, § 22S5 construction of "more or Icsa " or "about" in descrip- *'<*" 5, p. SS42, §22S5 description by boundaries and monuments 5, p. 384,"?, § 22S0 by courses and distances 5, p. SSI j, § 22S7 graut of thing passes as incident thereto, even though not mentioned in the conveyance, everything which is essential to its beneficial use and enjoyment 5, p. 38 ta. § 2283 owner of land has right to exclusive dominion over it above and below 5_ p^ ggiG, §2280 things overhanging one's land are a nuisance for which action will lie 5, p. 3346, §2299 trees overhanging one's land. 5^ p. 3847, § 2291 See TiiEES. no particular form of words necessary to convey realty; any words denoting intent to transfer title suf- ficient 5^ p. 3S4S^ §2292 conveyance purporting to convey greater estate than grantor has passes estate he possesses 5, p. 3843, § 2292 eCTect and constrnction of reservations and exceptions in deeds of real estate 5, p. 3849, § 2293 S. Covenants in Deeds, covenant defined 5, p. 3F51, § 2294 covenant is cither express or in.plied 5, p. 3S5I, § 2294 non performance of covenant never excused 5, p. 33 j2, § 22'.)4 word "covenant" not essential, any words will do 5, p. 3S52, § 2294 although deed contains express covenants, other covenants may be implied 5, p. 3So2, § 2294 express covenant will qualify gencrJity of implied cov- enant 5^ p. 3<^5o g 0294 covenants are cither dependent or independent 5, p. 3852, § 2294 where acts are to bo done simultaneously, neither party to covenant can reco^'er without showing performance, or an oCFer to perform 5^ p. 3Sj2 § 2291 in an action on a covenant to be performed on jjarticulanlay no demand neeel be alleged 5^ p_ 355,'] § 2294 breach of covenant may be assigned generally by ncf^ativ- ing words of the covenant , 5. p. 38 j3, § 2294 "full covenants" are covenants for seisin, for right to con- voy, agairst encumbrances, for quiet enjoyment, for fill ther assurance and of warranty 5, p. 3Sj3, § 2294 deed good in form only not sutTicicnt c 'nrplianco with cov- enant to make " a good and perfect deed" 5, p, 3S53, § 22^4 Lawson U. & R.— 455. 6510 DEEDS. Deeds — (Continued.) constructioa of covenants in dcecb D, p. 3S53, §2295 covenant of seisin, what is; effect of 5, p. 3S54, § 2296 wliat is and is not breach of covenant of seisin 5, p. 3355, § 2296 burden of proof in action for breach of covenant of seisin ia upon defendant vho answers that he was well seised 5, p. 3S56, § 2298 chancery will grant relief to defrauded vendee upon cove- nant of seisin if vendor is insolvent 5, p. SS.'fi, § 2298 covenant of right to convey; what in; elfeut of 5, p. 385fi, g 2207 covenant against encnnibiunces 5, p. 3S57, § 2298 action for breach of covenant against encuinbrancfS liarrc I by subsequent dischar^'u in bankruptcy of cove- nantor 5, p. 3S37, §2293 no defense that covenantee knew of encumbrances at time of conveyance 5, p. 3857, § 2293 what is and what is not breach of covenant against encum- brances 5, p. 3'557, § 2293 covenant for quiet enjoyment; what is; effect of. 5, p. SS.VJ, § 2299 what is and what is not breach of this covenant 5, p. 3SG0, § 2299 covenant for further as-uranco; what is; effect of 5, p. 38G1, § 2300 of warranty; what is; effect of 5, p. 3SG1, § 2301 what is and what is not breach of covenant of warranty. 5, p. 33G3, § 2301 covenant to give a "lawful deed of conveyance" means deed conveying lawful or good title 5, p. 3SC4, § 2302 covenant to execute and deliver goo 1 and sufDoient deed iu fee simp!e with warranty of title 5> p. 33G4, § 2302 a tender of vendor's own deed without pr curing his wife's relinquishment of dower, not satisfaction of covenant to make "a good and perfect deed" 5, p. 3304, §2302 a warranty of " indisputable and satisfactory title " by the grantor is satisfied if his title is gnod 5, p. 3S64, § 2302 a quitclaim deed is performance of contract to give good title if the vendor had title 5, p, 3305, § 2302 agreement by purchaser to assume and pty encumbi-ance iuiplies, not a covenant against liability, but a covenant of indemnity 5, p. 38G5, § 2302 person who covenants to convey as soon as he gets title from another must show that he has attempt d to attain tiiat title 5. p. 33G5, § 2302 warranty of (piantity of land conveyed cannot be proved by parol evidence 6, p. 3SG5, § 2302 one acee[jting deed which does not embrace identical lands described in covenant cannot afterwards dispute eame 5. p. 33G5, § 2302 scaled agreement not to make will to the prejudice of rights of covenantor's heirs valid 5, p. 33G3, § 2302 DEEDS — DEMAND. C511 Deeds— {Continued.) BO 13 covenant not to permit owner of an arljoinin;; tract of land to cut ditch tlirc i^li c iVuiiaiitor's pcuiaiiod .5, j). "S^', § 2:>02 covenants running with la:.d; wha,t are; eli'oot of 5, p. ;jS!J.'), ^ 'J.iOa wliat covenants do and do not run witli Ian 1 5, p. ."JSiiT, g "J-'JOS measure of dama^jes for brcaclx of covcuauta iu JuuJkj.o, jj. 3jIJ5, ^ 2304 And see DAMAiaca. De Facto Corporation, S. Cora'oitA.i'io.NS, 3. Defenses. See I-N'SURANCE, 4; Pleadixo axd PnACTica. Delay. See Laches. Del Credere Agent. rights and liabilities of. 1 , p. 41 R, § 007 ^^•ho is a 1, p. 0, § 2; 1, !>. 41(i, § '2>7 principal may enforce contracts of 1, p. 19ij, ^ IIG Delegation. See Master and Servant, I; Teincipal and Agent, S; Attouney and Client, 4. trustee cannot dele-ate his authority. 4, p. 3.*5S2, § lOSl; 4, p. 3435, § 2027 power of legislature to create corporation cauuot bo dele- gated l,p. C01,§ 335 Delivery. See Deeds; Gifts; NEaoTiABLK L\sxRaiiENT3, 2; Statuxb OF Frauds. implied power of a;:jent to deliver. 1, p. 105, § C3 construction of " Joliver " iu authority to agent 1, p. 91, § 02 Demand. of payment of bank bills and certificates of deposit, sea Banks, 6. when necessary before suit against bank by depositor. .2, p. 015, § 525 no demand necessary before coaimc' ang action on bill or note payable on demand 4, p. 2G20, § 1479 in an action on covenant to be performed on particular day, no demand need be alleged 5. p. 3S5.1, § 2204 when necessary in action for conversion of chattels 7, p. 5702, § 3074 refusal to deliver or demand, when and when nut a conver- sion 7, p. 5705, § 3G75 when necessary in action of replevin 7, p. 5G34, § 3(>47 necessary by clieut before action against attorney for money iu his hands 1, p. 299, § 179 requisite before bringing summary proceeding against attor- ney l,p. 317,§ 195 demand on clent for certain sum as compensation does not, if refused, restrict attorney from recovering only that "om l,p. 323,§ 199 6512 DEMAND— DESCENT AND DISTRIBUTION. ^Demand— (Continued.) Wliero coutraat couilifc'onal on request or dcmantl, perform- ance of condition essential 5, p. 4150, § 2306 demand by principal on agent for moneys received by him necessary before bringing suit 1, p. 132, § 89 unless 80 long time has elapsed since collection as to raise presumption that agent has appropriated money. 1, p, 132, § SO or unless he has refused or neglected to render an ac- count 1, p. 132, § SO or denies the agency 1, p. 132, § 89 or where a claim id set up exceeding the amount col- lected 1, p. 132, § 89 or where agent in bis answer disputes his liability. . 1, p. 132, § 89 mere depositary not liable to action until demand 4, p. 2937, § 1713 bailment may be terminated by act of bailor, but previous demand essential 4, p. 2935, § 1712 Daniurrage. See SuiP3 AXD SniPPiNO. Demurrer. ooe Pi.EADINO AND PRACTICE, 3. Dentists. Jt)ractice of dentistry and qualifications of dentists maybe pre- scribed by statute 7, p. G1G7, §3911 dentist liable for not exercising a reasonable degree of skill and care 7, p. 61G8, § 3911 not answerable for injuries arising from his lack of highest knowledge in his profession 7, p. 61G3, § .3911 dentist or surgeon using an anaesthetic; liability of 7, p. GIC3, § 3911 Deposits. See Banks; Savings Banks, 2. construction of "deposit " in authority to agent 1, p. 91, § 62 Derelict Property. See Abandonment. Descent and Distribution. delini ion of "descent" and "descendants" 6, p. COGS, §3103 "succession" defined 6, j). ^OGS, §3103 lineal and collateral descent distinguished 6, p. 5069, § 3109 mediate and immediate descent distinguished 6, p. 50G9, § 3109 difference between English and American law 6, p. 50'I9, § 3110 state has power to regulate descent and distribution. . .6, p. 5070, § 3111 in case of void will, statute and not Avill governs 6, p. 5071, § 3111 legal status and title as affecting course of descent 6, p. 5071, § 3112 who are " heirs," and who may take— in general 6, p. 5072, § 3113 presumption of survivorship in case of death by common disaster 6, p. 5074, §3114 time when estate vests - • 6, p. 5)74, § 3 1 15 what estate or interest descends to heir 6, p. 507 G, § 31 IS DESCENT AND DISTRIBUTION — DIRECTOIIS. 6513 C2 Descent and Distribution— (Continued.) rij^hta and dutiei of heirs in relation to inherited estate. 0, p. C078, § 3117 liabilities of heirs in regard to descended estate and am;e3- tor's debts 6, p. 507D, § 3118 descents falling to children and their issue 6, p. 50hl, § 3119 deacentj tailing to surviving husband 6, p. 5082, § 3120 descents falling to widow 0| £'• 5033, § 3121 woman who procures divorce does '(ot become widow after husband's death, and has uo claim as such under statutes of distribution 2, p. 1457, § 801 descent of community property 6, p. 5085, § 3122 descents falling to brothers and i^iisters 6, p. 50S6, § 3123 brothers, sisters, and kindred of the half-blood 6, p. 50SG, § 3124 ancestral estates 6, P- 5093, § 3125 descents falling to parents 6, p. 5093, § 3126 descents falling to step-father and step-mother 6, p. 5095, § 3127 rule as to the heirs of parents 6, p, 5095, § 3123 descents falling to grandparents 6, p. 5095, § 3129 descents falling to uncles, gra ul-uncles, au.its, ne^ihews and nieces 6, p. 5096, § 3130 descents falling to cousins 6, p. 5093, § 3131 descent from infants 6, p. 509(5, § 3132 who are next of kin 6, p 503S, § 3133 degrees of kindred; how computed 6, p. 5100, § 3134 posthumous children 6, p. 5101, § 3135 descents to and from adopted children 6, jj. 5101, § 3138 descents to and from ille^itimite children 6, p. 5102, § 3137 evideiicft necessary to establish heirship 6, p. 5105, § 3133 Dascriptio FersonsB. word "agent" construed as, and agent personally liabl'j on negotiable pap r • • 1, p. ICO, § 103 Desertion. as ground of divorce, see Divorce, 3. Determination. of agency, see Prixcipal and Agent, 10; Attorney and Cuiixr, 5. Detinue. replevin distinguished from detinue and trover 7, p. 5321, § 3010 code action for recovery of personal ^iroperty is substitute for r.^plevin and detinue. 7, p. 5G22, § 3C41 Deviation. See Insurance, f. Davlses. Sek Wills. Dies Non Juridicus. See Contracts; Negotiable Instruments, 4, Directors. of banks, sec Banks and Banking, 4. See CoRPORATiONt;, 4. 6514 DISBARMENT — ^DISEASS. Diabarment. See Attorney and Cltrnt. Discharge. See Joint and Several Ltabimtiks. of mortgagea, see Mortqaqes, 7. implied power of attorney to give a discharge .1, p. 2S3, § 171 Discontinuance. implied power of attorney to agree to a discontiauauce. .1, p. 2S5, § 171 Discounts. See Banks, 5. Discovery. court will entertain bill for discovery to compel corporation or its members to disclose whether they have paid f jf stock 1, p. 821, § 493 bill for divorce on ground of adultery asking discovery demurrable 2, p. 1431, § 7S1 Disease. See Insurance, b; Landlord and Tenant, 4; Physicians and Surqkons. no action lies for infecting one with venereal disease.. . .3, p. 1789, § 1046 right of person infirm from disease to walk on high- way 3, p. 2045, § 11C7 persons under physical disabilities, duty to exercise increased care at railroad crossings 3, p. 2004, § 1191 deaf persons 3, p. 20t)t, § 1191 persons with defective eyesight 3, p. 2094, § 1 191 persons with poor sight must use greater care in streets to avoid dangers, than those with good sight 3, p. 205S, § 1174 80 of one far advanced in years and feeble 3, p. 2058, § 1174 landlord letting premises infected Avith contagious disease liable 3, p. 1990, §1143 person employing workmen to do work on infected house 3, p 1930, § 1143 liability of city authorities for neglect in removal of small- pox patients 3, p. lOOl, § 1143 person taking sick family to boarding-house 3, p. 1991, § 1143 innkeeper i^ liable for communication to guest of contagious disease by one whom he knowingly permits to remain in his house 4, p. 3059, § 1782 if passenger, afflicted with physical or mental ilisabllity, is known to carrier, latter bound to extend to him in- creised care and watchfulness 4, p. 3293, § 1923 liability for injuries caused by keeping dheasedanlmals.S, p. 2518, § 1393 liability for injuries caused by celling diseased ani- mals 3, p. 2519, § 1394 coanty not liable to inmates of jail which causes them to ba- come sick and diseased 3, p. lOdOn, § 1143 DISEASE — DIVORCE. 6515 DiBease —(Continued .) health: where partner becomes disabled in health, court will dissolve partnership 2, p. 1243. § C72 Bick: no defense to an action for refusing to make transfer of stock that president was sick and unable to sign new certificate 1° ►.— - ... . f iiP. /» - ... Distress. 6, p. 43.0, § 3001 distress when and how permitted in the United States.. 6, p 4593 8 0319 requisites to valid distress q _ .-no' g 7,0,^. Distribution. ' ^' ''''''' ^ '^^^ See Descent and DisTRiraTiON. Dividends. See Accession; Corporations, 5. Divorce. See Constitutional Law, 8. 1. Separation and Separate Maintenancb. 2. Divorce— General Principles. 3. Grounds fob Absolute Divorce. 4. Defenses. 6. Alimony. 6516 DIVORCE. .2, p. 1424, § 778 § 778 § 773 § 778 § 778 Divorce —(Continued. ) 1. Sii>aration and Separate Maintenance. deeds for providing for seixirato maintenance valid, , deeds of, do not require a cons.'d ;riiti()n 2, p. 14'25, provisions of, must bo fair and equitttble 2, p. 1425, may be enforced though w ifo divorced 2, p. 142'>, dceil of, as a dcfen-e to action for divorce 2, p. 1425, validity of note given to wife to induce her to come and live with him 2, p. 1425, § 778 Separate maintenance of wife when granted by equity. 2, p. 1425, § 778 may be granted to deserted wife without divorce 2, p. 1427, § 779 temporary alimony may bo granted in suit for 2, p. 1427, § 779; see 2, p. 1423, § 779 causes for which separate maintenance will be granted . . 2, p. 1423, § 779 wife not entitled to decree of maintenance unless in case which would have justilied decree of judicial separa- tion 2, p. 1428, § 779 not enough that separation was voluntary and by mutual assent, or produced by the wife's own departure with- out sufficient cause 2, p, 1428, § 779 condoned misconduct of husband cannot be made basis of suit 2. p. 1428, § 779 Divorce — General Principka. absolute divorce (a vinculo) 0, p. 1423, § 783 limited divorce (from bi d and board) 2, \). 1428, § 730 divorce not granted if parties have ceased t j be husband and wife, though suoh at the couimcucement of suit 2, p. 142^ § 730 action for divorce abates by death of eitlicr party 2, p. 142S, § 780 decree of divorce aflfecting the property ri^^hts may be re- viewed, on appeal, after death of one of them. . .2, p. 1423, § 780 only parties (husband and wife) can prosecute a divorce suit 2, p. 1428, § 780 suit for divorce may be prosecuted by or against guardian or committee of insane person, where the act was com- mitted before party became insane 2, p. 1423, § 780 infant children of divorced parents cannot file bill to set aside decree 2, p. 1429 n, § 780 divorce a vinculo not decreed unless legal marriage be proved 2, p. 1429, § 780 divorce not granted upon testimony of young children of parties 2, p. 1429, § 780 where husband has already obtained divorce, the court may grant a like divorce to wife 2, p. 1429, § 780 equity will annul at suit of either party a judgment of di- vorce obtained by fraud 2, p. 142i), § 780; 2, p. 1458, § 801 effect of divorce on custody of children 2, p. 1456, § 799 779 DIVORCE. G517 Divorce— (Continued. ) transfers of property er.ecuted before divorce unaffected by 1 IV ','■■,*"■, ' 2, p. 1433, § 800 beauest by husband m favor of hia wife not avoided by sub- sequent divorce for fault 2,p. I4.-,G,§ 800 separate property of wife not affected by the divorce. .2, p. 1-153 § 800 what r g!. ts are annihilated by divorce g. ,, i j,,;, g gOO what disabilities are removed by div orce 2, p. 1450, § 800 by divorce, husband's riglit of action for injury to himself suffered by injury to wife lost 2. p. 1457, § 801 husband cannot afterwards be sued for injury committed by wife.. . 2, p. 1457^ § 831 by divorce, husband loses right to administer on wife's estate o i i — » ««, 2, p. 14o7, § 801 woman who procures divorce does not become his widow after his death, and has no claim as such under statutes of distribution 2, p. 1457, § 801 right of parties to re-marry after divorce 2, p. 1453 § 80*> divorced wife cannot maintain action against her late bus-" band upon implied contract arising during covcrt- "™ ; • .• • 2, p. 1459, § 804 nor for assault committed on her 2, p. 145a § 804 can recover for services rendered by her to former' hus- band before marriage 2, p. 1450, § 804 divorced wife cannot maintain action against husband for damages caused by his fraud in pi-ocuriu3 § 731 fornication on part of husband not a ground in s 'me , l^''^''^ 2, p. I4-2.') », § 7SI what not proof of adultery 2 p. 1 4;Jl s -si decree on evidence of confesions of defendant 2, \k M31 ' g 7S1 bringing suit on ground of adultery precludes sub-suit'on ground of desertion o „ iai^ r -jn, . •„ f 1- , ^, p. 14J1, § 781 bill for divorce on ground of adultery asliing discovery . ,^^•"7"'^^^ 2, p. 1431, § 781 conviction of crime a ground for divorce 2, p. 1432, § 7S'> al'Uer of conviction out of state 2, i> 143''' S "82 cruelty as a ground of divorce o' ' , ,00 ^ -o.. What IS and is not cruelty 2 p ]43'> s "s-j construction of statutory phrases as to cruelty 2, \\ 1432 § 783 desertion as ground of div jrce 2 p 1437' ? "84 what is and is not desertion '.".'.".*.'.'.". 2, p. I437! § 784 impotence as a ground of divorce 2, p. 1440 S 7S5 6518 DIVORCE. Divorce — (Continued. ) drunkenness as ground of divorce S, p. 1440, § 786 what is "hubitual drunkenness" 8, p. 1441, § 788 means a^coholio drunkenness, not excessive use of opiates S, p. 1441, § 786 other statutory causes for divorce 2, j). 1441 , § 787 concoaliny loathsoiuo disease at time of marriage "3, p. 1441, § 787 failing to support wife 2, p. 1441, § 7S7 incestuou-i niiirriagc 2, p. 1411, § 787 bigamous marringe 2, p. 1442, § 787 wife before marriage guilty of fornication unknown to hus- band 2, p. 1442, § 787 wife at time of ni;uri;igo unknown to husband enciciite by another man 2, p. 1442, § 787 wife at time of marriage a prostitute, or husband a not iri- ously licentious porson bo^ore n)arriage 2, p. 1442, § 787 marriage procured by fraud or force 2, p. 1442, § 787 parties buing infants, consent of parents or guardians not had 2, p. 1442, § 787 joining;} an immoral religious sect 2. p. 1442, § 787 insanity at the time of marriage or since marriage 2, p. 1442, § 787 lewd and lascivious behavior of wife 2, p. 1442, § 787 husband becoming a vagrant 2, p. 1442, § 787 for causes which make it best that parties should not live together 2, p. 1412, § 787 voluntary separation of parties for five years 2, p. 1442, § 787 where husband or wife has not been heard from for three or seven years 2, p. 1442, § 787 indignitiesas will render husband's condition intolerable. 2. p. 1443, § 787 gross misbehavior and wickedness 2, p. 1443, § 787 4. Dt'fcnsts, recrimination; that complainant also guilty, a good de- fense 2, p. 1443, § 783 evidence requisite to establish charge of recrimination. .2, p. 144.'), § 788 condonation or forgiveness of act, a good defense 2, p. 1445, § 789 how condonation may be canceled 2, p. 1440, § 789 connivance by injured party, a good defense 2, p 1447, § 700 consent by injured party, a good defense 2, p. 1447, § 799 lapse of time in bringing suit for divorce bars it 2, p. 144S, § 791 Bo when parties have separated by mutual consent.. 2, p. 1449 n, § 792 collusion between parties to obtain decree 2, p. 1449, § 792 insanity at time of act, good defense to bill for divorce.. 2, p. 1449, § 793 6. Alimony. defined: different kinds of 2, p. 1450, § 701 alimony may be granted without divorce 2, p. 1450, § 794 supreme court will not entertain application for alimony pending appeal 2, p. 1450, § 794 DIVORCE— DOMICILE. 6519 Divorce — (Con tinned. ) reversal of a decree does not necessarily reverse decree for alimony 2, p. alimony pendente lite allowed when wife plaintilT 2, p. wife defendant may ask fur alimony, when .2, p. petition for, must establish prima fuck case 2, p. in suit for separate maintenance 2, pp. 1427, refusal of permanent alimony by jury does nut preclude court from ordering temporary alimony 2, p. not allowed where she has means of lier own sunicii'nt..2, p. defendant's refusal to pay temporary alimony docs not de- prive him of right to defend divorce suit 2, p. permanent alimony when, and when not allowed 2, p. amount usually allowed as 2, p. when riyht to alimony ceases 2, p. decree may be enforced by execution against husband's es- tates or by attachment, or husband may be committed for contempt 2, p. may be declared a lien on real property of husband . . 2, p. husband may show inability to pay 2, p. debtor cannot claim exemption on judgment for ali- mony 2, p. Dogs. See Animals. Domicile. See Residence. domicile delined; the different kinds of 7, p. "resident" and "inhabitant" distinfjuished 7, p. domicile in one state and residence in anotlier 7, p. domicile of married man is where he resides, not where he does business 7, p. person has right to change domicile 7, p. domicile of husband 2, p. 1310, § 714; 7, p. domicile of wife 2, p. lolO, § 714; 7, p. domicile of infant child 7, p. domicile of ward 2, p. l.JGO, § 870; 7, p. domicile of corporations 1, p. Gu5, § 3S7; 7, p. domicile of officer of state or United States 7, p. domicile of soldier ....7, p. domicile of sailor 7, p. change of domicile, requisites of 7, p. what is and is not proof of change of domicile 7, p. COCO, § 3S40; 7, p. no change of domicile when there is intention of returning, atiimua revertendi 7, p. domicile continues until new one is acquired 7, p. domicile once established presumed to continue t, p. 1450, § 704 14-.0, § 795 1450, § 795 1451, § 795 1408, § 779 1451, § 795 1451, § 793 uni, § 795 1452, § 790 1452, § 797 1453, § 707 1454, § 798 1455, § 793 1455, § 798 1455, § 703 G055, § 3840 C056, § 3340 G05G, § 3S40 G056, G05G, C057, C057, G058, GOGO, GOOl, G0C2, G0G2, G0(i2, G0G2, §3340 §3840 § 3341 § 3841 § 3S42 § 3343 §3844 § 3343 §3845 §3343 §3846 C0G4, § 3846; 60G6, § 3847 G067, § 3848 6069. § 3849 6520 DOMICILE— DURESS. Domicile— (Continued.) burden of proving chingo of domiolle upoa party nllepjing it 7. p. OOno, § 3849 question of ilomieilc is (luoatiou of fact for jury 7, p. 0070, S 3S49 Donctio Causa Mortis. •Sec UllT.S. Double Insuranco. Sec I.NsnuANct:, 1. Dower. See Husband axd Wi7e, 9. Drains. See Municipal Corpobations, 4; Watkr."! and Wateb* COURSES, 5, 6. Druggists. right of druggists to recover for medicine i umishcd or pre- scribed by them 7, p. C168, § 3911 druggist who negligently sells a poison for Larmless medi- cine liable in damages 7, p. G1C8, § 3911 dealer who labels deadly poison as harmless medicine liable to action by any pi:rchas«r 7, p. C168, § 3911 failing to place the word "poison" on bottle negligence, 7, p. 61G9, § 3911 injunction ag.iinst drugg'st by physician to restrain him from advertising medicine a< his refused 7, p. G169, § 3911 action may be maintained by husband a^'ainst druggist who selh laudanum as beverage to wife 2, p. 13.32, § 730 Drunkenness. See Divok'E; Inscrance, b. guardianship of drunkards 2 p. 1547, § 848 drunkard not competent to make contract of m;irriagi-, 2, p. 129S, § 707 court will dissolve partnership for drunkenness on part of partner 2, p. 1245, § 672 contributory negligence to walk or sit down on track while drunk 3, p. 2097, §1192 Due Bills. " I. 0. U's" and due bills, containing no promise to pay, not promissory notes 4, p. 2589, § 1453 Dumbness. dumbness does not constitute incapacity which vitiates will 6, p. 5144, §3166 dumb person not incapable of marrying 2, p. 1297, § 706 Due Process of Law. See Courts. Duress. See Payment, 3. duress defined; duress by imprisonment or threats 6, p. 3942, § 2364 DURESS — EASEMENTS. Go21 Duress— (Continued. ) legal iin|)risonnK'iit is not duress 0, p. 3943, § 23C4 duress of j,'()iiiU or projiorty not gro.uul for setting aside con- tract 6. I'- "914, § e;5C3 duress liy mere advice, dinction, inllutMico and persuasion not rcc.'gMi/.ed 6, p. 3914, g 2303 threat to withlmM payment of debt, or to refuse i)eif.irin. nnce of contract, or to do an injury wliicli may !>« at once redressed liy le^al pn)ces3, not duress 6, p. 3944, § 23Cj money obtr.ined by duress of gooda may be recnvi red back Op. 3045, § 2;JC0 duress must bo the act of the party himself, or impose I with his knowledge, and taken advantage of by him 5, p. 3940, § 2307 duress by tliird person does not avoid contract 6, p. 304G, § 2307 contract cannot be avoided because it Mas obtained by duress on third person 6. P- 304f), § 2307 duress of principal cannot be pleaded by surety 6, p. 39 IG, § 23U7 parent may plead duress of child, or liuskmd duress of his wife, or cliil I duress of parent 5, p 394G, § 2307 •grcemcnt obtained by duress may be avoided or alTirmed 5, p. 3047, § 2308 duress cannot be set up as against innocent purchaser. .6, p. 3947, § 230S property sold under duress may bo recovered from tliird person 5, p. 3947, § 2303 agreements obtained through oflensive or undue inllumco may be set aside in equity 5, p. 3947, § 2309 this rule applies especially where contidential relations exist between parties 5, p. 394S, § 2309 marriage procured by force, fraud cr duress voidable. . .2, j). 1301, § 719 written contract can be varied to prove that agreement was induceil by fraud, or duress, or improper influence of one of the parties 5> P- 3SS3, § 2314 money obtained by compulsion or duress nuiy bo recovered back 5, p.4216, §2J.-)4 fraud or duress a good defense to action on bill or note. 4, p. 2770, g 1J99 right to rccuver for services rendered through duress.. .1, p. 442, § 243 Easements. See rAKTY Walls; Ways. easement dLfiiied; person cannot have easement in his own land 6.p.4|523,§2773 casements distinguished from profits a ;))'«"t^/v; 6, p. 4524, §2773 distinguishi-d from licenses 6, p. 4524, g 27/3 grantee of the seivient estate takes subject to the ea>e- ment 6, p. 4524, § 2773 easements impose no obligations upon lands in servitude to do anything for their protection 6, p. 4524, § 2773 6522 EASEMENTS. Easements— (Continued.) illustrations of easements; riglit to pass over notlmr'a land 6, p. 4524, § 2774 to maintain a Itiiildiiig or landing on it 6, y. 4525, § 2774 tliat raiiioad shall conlinuc to stop with their cars at par- ticular place Oi p. 4525, § 2774 to carry water-pipps, gas, stoain, etc., or for drains. .6, p. 4525, § 2774 restricting use of land or premises 6, p. 4525, § 2774 titlh S ~i^^ no grant of light and air will Le implied biyond what is absolutely necessary to enjoyment of premises con- veyed 6. p. 4337, § 27S4 as between landlord and tenant, rule dilTurent from case of premises conveyed 6, p. 453S, § ~i S4 access of air to chimneys of building cannot be clnimed by prescription or as right 6, p. 4CoJ, § -ving lateral sup- port ®' i^- ^•:*;' ^ ":? must give notice of intention to neighbor 6, p. 4") 12, § •_', S > ■jquity will enjoin removal of lateral supp >rt when. ... .6, p. 43 iL', § 27S,j contributory negligence of adjoining owner a bar to action for removing lateral support 0. P- 4543, <§ 2(!:>() owner of surface of land, entitled to support of land anu buildings from person owning mines below 0, ] 4314, § 2,87 and liable to mine owner for injury for dia'aing his land into mine «. P- 45»3, §2787 measure of damages in actions for removing lateral support of laud 0,p.431G,§27SS Ecclesiastical Law. See Eeligious SoriETiES, Editor. See NEWSPAPEna. Ejectment. See Railpoads. ejectment at common law described 7, p. 3703, § 3 , OG lies to recover the possession of lands, with damages and costs for the wrongful withholding of them 7, p. 3799, § 3707 is the principal method in modern use for trying titles to land 7, p. 5790,§3707 6524 EJECTMENT — ELECTIONS. Ejectment— (Continued. ) in code states, it is cnown as an action for the recovery of land 7, p. 57C9, § 3707 for what will ejectment lie, and for what will ejectment not lie 7, p. 5709, §3704 ejectment will lie for taking land by railroad without ten- dering I onipensation 2, p. 90.', § EuS cjpctment will lie for right of way hy railroad 2, p. f 95, § 556 riglit of mortgagor to hring ejectment 6, p. 4923, § 303i right of mortgaj^ee to hring ejectment 6. p. 4924, § 3033 what evidence necessary and admissible in action of eject- ment 7, p. 5S02, §3703 what title sufficient to supjjort action 7, p. 5806, § 3709 who may and who may not bring ejectment 7, p. 5S0G, § 37G9 who necessary and proper parties plaintifT in action of ejectment 7, p. 5S10, §3710 who necessary and proper parties defendant in action of ejectment 7, p. 5814, §3711 defense to actim of ejectment 7, p. 5S1G, § 3712 right of defendant in ejectment to recover value of im- provements made by him 7, p. 5822, § 3713 effect of judgment for plaintiff in action of ejectment. 7, p. 5S24, § 3714 ejectment will lie agaiust lessee of lands or buildings or rooms 6, p. 4(500, § 2S81 against what tenants will cjoctmcnt not lie 6, p. 4G9G, § 2SS1 payment of ground rent cannot be enforced by 6, p. 4G9f), § 2831 previous demand neces'^ary when 6, p. 4G97, § 2SS2 tenant cannot enjoin ejectment by lessor 6, p. 4G97, § 2882 who may and who may no* bring action 6, p. 4097, § 2S82 ejectment will lie by third person against tenant in pos- session 6, p. 4G9S, § 2S83 who are proper and necessary parties in actions of eject- ment 6, p. 4098, §2883 when judgment against tenant conclusive on land- lord 6, p. 4Gns, §2883 recovery cf mesne profits in actions of ejectment G, p. 4C99, § 2884 Election. Sec CoN'Tn.vcT><, 8; ConpoRATiOMS, 5; False Represext- ATIONS; WiM.s, G. right of election between assumpsit and tort 7, p. 5752, § 3094 election by wife to accept legacy in lieu of dower C, p. 1417, § 773 Evictions. tsie DoMirrr.E. right to vote not a natural right 7. p. C0.')2, § 3S37 women have not right 7. p. GU52, § 3S37 each state has right to prescribe qualifications of its own voters 7, p. C052, §3837 e: E: E] ELECTIO^'S — EilTNENT DOMAIN. 6525 Electioncj— (Continued.) citizenbhip ami right to vote are neither identical nor in- separable 7, p. G052, §3837 statutes regulating mode of conducting elections are directory 7, p. 5073, § 3798 in action to determine riglit to office, evidence beyond re- turns and ballot l)oxe3 admissible 7, p. GOll, § 3818 offor to electors to perform office for less than salary, avoids election 7, p. 50S2, § 3S04 registration laws valid when reasonable 7, p. C053, § 3833 invalid where they make race or class distinctions, or which provide for payment of special tax as prerequisite, or which increase tima of reiidenoe required by con- stitution 7, p. G053, § 3833 Btati'*' s absolutely depriving voter of vote unless regis- ter d, void 7, p. 6054, §383 3 Btatui,> , requiring officpr to mark ballots void 7, p. 6054, § 3S33 judges of election not liable to an action for mere errors of judgment 7, p. 6013, §3820 w.ifds spi ken of candidates for olfice, advising electors of cha. ictcr of candidate, are piivilegcd 3, p. 2333, § 129() Elovator. landlord is liable for injury caused by defective eleva- tor in building 0, p„ 4G21, §2829 Embargo. See Insurance. Emblements. See also Landlord and Tenant. right of tenant to emblements 0, p. 4373, § 2GS2 what crops may be claimed as emblements 6, p. 4;{74, § 2GS2 custom m.iy give right to emblements 6, p. 4;}74, §2082 how rij^ht to, forfeiied by tenant 6, p. 4375, § 2GS2 Eminent Domain. eminent domain defined; who may exercise right of 7, p. GIOS, § 3884 right to destroy property to prevent spread of fire 7. p. CI 10, § 2384 property may be taken only for public use; what is a "public "se" 7, p. 0112, §.']SSj whab is not a "public use" 7, p. C114, § 38S5 what is or is not i)ublic use for which property m;iy be con- deiniie I a question of law , . .7, p. 0115, § 3SS5 state deuide-i on necessity of taking 7, p. (11 10, § .'iSSG only as much pr.perty as is nicessary can bo taken 7, p. Gl 17, § SSSG what [ir iperty ni:iy or may not be taken 7, p. GI IS, § 3SSi meaoure of damages on taking of pro[)erty under ri^dit of eminent domain 7, p. G121, § 3SS8; 7, p. G13'), §3898 in takin.,' by nil roads 7. p. GI'22, § 3SS9 in ac ion for wron:.;fuI entry 7, p, GlOO, § 3903 LAWiio.N U. ii U. — 45K> 6526 EMINENT DOMAIN. Eminent Domain— (Continued.) mere incidental injuries cannot be recovered for 7, p. G125, § 3890 the interest appropriated only an easement 7, p. Gl'27, § 3S01 wliere property once taken is taken a;,'ain for new use, owner entitled to new damages; what is a "new use" .7, p. C127, § 3S92 legislature may empower cue railroad to cross track of an- other railroad 3, p. 1003, § 5G1; 2, p. 1004, § 5C5 may authorize building of railroad in streets without com- pensating niunicii-ality, and without its consent. .2, p. 1003, § 505 what is not inciUiled in assessment of dainiiges 7, p. (illlS, § "S'JS M'ho is entitled to compensation 7, p. G\'J% §3S()1: wlio is included in word "owner'' 7, p. 01 '-!!), § IWJ 1 right to take is conditional on making compensation. . .7, ]>. Gl.'»l, § 3s95 tribunal must be provided for as-iessing onipont-ation. .7, p. 0131, § 3SU5 mode of assessing damages discretionary with legisla- ture 7, p. GI 3-.', § 3 -iOj duties of commissioners 7, p. G132, § 3S95 attempt must first be made to agree on amount with own- er 7, p. G132, §3395 statutory retpiisites to exercise of power must be stri tly pursued 7, p. 01.33, § .3893 procedure under the statutes 7, p. G133, § 3S95 procedure must be brought in county where land lo- cated 7, p. 0133, § .3895 land owner entitled to notice 7, p. G133, § 3S95 damages, whether prospective or otherwise, must all be re- covered in one action 7, p. 01.34, § 3S95 jury should consider what 7, p. G134, § 3895 damages should be ascertained under laws in force at time proceedings begun 7, p. G1.34, § 3805 owner may have the right to demand reassessment 7, p. C134, § 3S93 vested right to damages does not exist until tinal confirnia- tion of commissioners' report 7, p. 0134, § 3S95 right to improvements on land made by party before or pending proceedings to condemn 7, p. 0140, § 3S97 benefits to owner resulting from public work may be sot olF against damages when 7, p. 142, § 3893 payment must precede appropriation when 7, p. 0141, § 3S99 validity of proceedings in eminent domain cannot be at- tacked ccdlaterally 7, p. 0140, § 3900 owner accepting damages assessed estopped to afterward assert that condemnation proceedings were irregu- lar or void 7, p. 014G, §3901 OP from afterward denying that he consented to the tak- ing 7, p. 0147, §3931 certiorari the ])roper mode to take advantage of defects in proceedings to condemn land 7, p. 6147, § 3932 EMINENT DOMAIN — ESCROW. 6527 Eminent Domain— (Continued.) eciuity will enjoin taking of land under power of eminent domain wlien 7, p. 0148, § 3902 when state has failed to provide remedy, injured party may sue for damages 7, p. G149, §3902 owner may maintain ejectment wlien 7, p. G140. « ZM2 statutory remedy provided in most of the states 7, p. ( i49, § 3902 where entry on land is allowed before compensation, statutory remedy exclusive of remedies at connmm law. . .7, p. G149, § 3902 alUer those iu which compensation is rctpiircd to he made hefore the company can enter 7, p. G149, § 3902 satisfying iudgment for trespass does not give company title to the land 7, p. G1.10, §3902 wrongful entry no Lar to proceodiiig^ to condcnm 7, p. Gl jO, ? 3902 appeals from damages awarded in eminent domain procred- inga, practice on 7, p. G151, § 3904 right to -ibandon proceedings already commenced 7, p. G1.V2. § 3903 liability for abandoning proceedings already commenced. 7, p. (ilo'2, §3905 owner by his laches may lose right to prevent entry of land under eminent domain 7, p. Gl."3, § 3906 dower barred by exercise of right of eminent domain. . .2, p. 141S, § 775 Enticing Servant. I See Mastkr and Servant, 2. Entire Contracts. See Master and Servant, 1. Entirety. tenancy by entirety, what ia 2, p. 1 3.' 6, § 742 Entry. light of person to enter lands and dispossess intruder. .3, p. 17G6, § 1036 Equitable Assignments. See ASSKINMKNTS. Equitable Mortgages. See Mortgages, 2. "Equities." what are "equities" 4, p. 2733, § 1534 Equity. See the various titles. Equity of Redemption. See Moutgagrs, 1, 4, 8. E3cheat. estate of intestate person without heirs goes to state. . .6, p. 4392, § 2G94 what interests in estates may be e-cheated 6, p. 4392, § 2(')di requisites of inquisition of escheat 6, p. 4392, § 2G94 l)erson dying presumed to leave heirs 6, p. 4393, § 2694 Escrow. what is a delivery in escrow. 5, p. 3817, § 2277 when condition is performed deed takes effect from deliv- ery 5, p. 3817, § 2277 6528 ESCROW— ESTOPPEL. Escrow— (Con tinned. ) excci)tions to this rule 5, p. 3S17, § 2277 delivery in escrow must be to third person 5, p. 3818, § 2277 condition may be in writinif, or be proved by parol, or be partly in writing and partly oral 5, p. 3S19, § 2277 no tttle vests in grantee who obtains iiosacssion of escrow wi hout performance of conditicm 5, p. 3819, § 2277 bona fide purchaser from him after du?ih of grantor acqn res no title 5, p. 3819, §2277 depositary of escrow limited strictly to conditions of de- posit 5, p. 3819, § 2277 grantor not C3toi)ped, where he has acted on belief that con- dition had been performed, from setting up invalidity of deed 5, p. 3319, § 2277 Estates. at will, see Landlord and Tenant, 1. by snfiferance, see Landlord and Tenant, 1, in fee, see Ural Propkrty, 3. in tail, see Ekal PRorERTY, 3. for life, see Keal Proptrtv, 3. for years, see Landlord and Tenant, 1. Estoppel. See Contrirdtory Neoligenct!. title by estoppel 6, p. 440S, § 2701 person cannot contradict his own deed 6, p. 440S, § 2701 person afterward obtaining title to land previously con- veyed by him 6, p. 4408, § 2701 estoppel extends to all persons claiming nnder grantor. .6, p. 4409, § 2701 equitable estoppel, or estoppel in pain, whore person, by his conduct or words, has induced others to act 6, p. 4409, § 2701 person standing by and permitting amotber to buy his prop- erty 6, p. 4410, § 2701 person permitting another to make improvements 6, p. 441C, § 2701 must be deception in conduct or declarations of party to be estopped, or such gross negligence as to amount to constructive fraud 6, p. 4410, § 2701 state is not estopped by its grants 6, p. 4412, § 2701 recitals in df-ed estop parties and privies from contradicting them 5, p. 3338, § 2284 acts, declarations or dealing by insurers with knowledge of facts constituting breach of condition of policy, waiver of such breach, and estops insurers from set- ing it up in defense 5, p. 3554, § 2083 in what cases is a mortgagee estopped from setting up kis mortgage 6, p. 4930, § 1040 party making representation on which aiiothtr acts may be estopped to deny its truth 5, p. 3747, § 2225 701 ESTOPPEL. 6529 Estoppel -(Continued. ) stockholder not estopped by hia subscription to deny lawful existence of a corporation 1, p. 732, § 43S person dealing with corporation as su jh estopped to deny its incorporation 1, p. CU, § 3U corporation not estopped from denying corporate existence by having done acts which might have been done by unincorporated body 1, p. 611, § 344 guardian estopped from denying legality of his appointment where he has accepted office 2, p. 1G06, § 8S8 partner entering into contract in the name of firm estopped to deny authority 2, p. 1215, § 645 bailee cannot dispute owner's title 4, p. 2913, § 1701 bank estopped by receiving its forged bills to deny their validity 2, p. 966, § 536 owner allowing company to take possession of lands, es- topped to take advantage of irregularities 2, p. 991, § 551 estoppel as applicable to assignments of quasi-negotiable paper 7, p. 5419, § 3441 stranger to title cannot invoke an equitable estoppel aj r,inst plaintiff in ejectment 7, p. 5826, § 3714 one who executes contract for purpose of defrauding an- other will not be protected against it when used against himself 5, p. 3939, § 2353 party affirming contract v oidable for fraud cannot afterward elect to revoke it • 5, p. 3Q40, § 23C1 party does not become responsi!)le for debt by his silence when notified that he is charged with it 5, p. 3972, § 23S1 remedy of cestui que trust against trustee for breach of trust may be barred by concurrence of c'stui que trunt or acquiescence after full knowledge 4, p. 3476, § 2035 nnproductive suit on guardian's bond not an estoppel upon ward for recovery of property or value 2, p. 1594, § 881 assent of party to nuisance will not take away right after- ward to abate it 3, p. 17G2, § 1033 puCPer may hold property as against owner 1, p. 382, § 220 attorney's neglect if condemned by client will not prevent his recovering for services 1, p. 342, § 205 one inducing agent to exceed his authority cannot hold iiim liable 1, p. 153, § 110 corporation bound by estoppel in jnus like natural per- sons r 1, p. 655, § 387 plea of justilioation in libel estops defendant from showing that it was published under a mistake 3, p. 2305, § 1280 owner accei>ting damages assessed, estopped to afterward assert that condemnation proceedings were irregular or void 7, p. 6G46, § 3901 6530 ESTOPPEL — EVIDENCE. Sstoppel— (Continued. ) or from afterward denying that he consented to the taking 7, p. 6147, § 3901 Svidence. to sustain wills, see Wiixs, 4. 1. Admissions; Dix'lauations; Confessions. 2. BuuDE.v OF Proof. 3. .Tf nioiAL Notice. 4. Law AND Fact. 6. Opinions; Experts. 6. Pabol Evidence and Evidence to Vary "Wbitino. 7. Pkesumptions. 8. ruivii-EOEi) Co.m:v'unications. 9. Pveputation; Character. 10. Witnesses. 11. MiSCELLANEOnS. 12. EviDKNCE Relevant in Particflar Actions. 1. Admixtiiou-i and Deciu-ationx; Confoisioni*. admission or declaration by one partner concerning partner- ship affairs binds partnershij) 2, p. 1224, § 643 aliter as to matters outside purposes of partnership, .2, p. l^"A, § 648 answer and admission of one partner in garnishment will bind other 2, p. 1225, § 648 declarations of partner as to who compose firm not admissi- ble against other partners 2, p. 1225, § 648 entries, admissions of indebtedness on part of firm making them, do not bind one who has retired from the firm before made 2, p. 1225, § 643 admissions and declarations of partners after dissolution do not bind firm 2, p. 1253, § 676 implied power of agent to make admissions 1, p. 102, § 67 implied power of attorney to make admissions 1, p. 2S0, § 170 declarations of ligent of firm that person was partner does not bind him 2, p. 1190, § 630 agent's authority cannot be proved by his declara- tions 1, p. 15, § 12 nor can special agent enlarge his authority by his state- ments 1, p. 15, § 12 agent's declarations before he was appointed, or after author- ity withdrawn or not within scope of the ageuny, do not bind principal 1, p. 15, § 12 printed terms of sale cannot be varied by parol declarations of auctioneer 1, p. 362, § 215 evidence of declarations of conspirators, when admis- sible 3, p. 1797, §1049 of wife not admissible in action by husband for enticing ' away 3, p. 1920, §1108 the , p. G147, § 3901 sr- p- 1224, § 648 p- 1?% § 648 ill P- 1225, § 648 31- P- 1225, § 648 ng rm P- 1225, § 643 do P- 1253, § 676 P- 102, § 67 P- 2S0, § 170 63 P- 1190, § 639 •a- P- 15, § 12 e- p. 15, § 12 r- lo P- 15, § 12 ns P- 362, § 215 s- P- 1797, § 1049 'g P- 1920, § 1108 EVIDENCE. 6531 Evidence — (Continned. ) declarations of testator as to will, when and when not ad- missible 6, p. 5180, § 3211 of legatees as to will, when and when not admissible.6, p. 51S2, § 3212 proponent's declarations inadmissible to defeat probate of will 6, p. 5172, § 3204 declarations of garnishee to disprove answer, when admis- sible 7. p. 5013, §3033 of wife not admissible in action of crim. con 3. p. 1920, § 1108 2. I^unlen of Proof. on agent to show that purchase by him of principal's prop- erty is valid 1,P- 139, § 93 on attorney to show that contract with client is fair 1, p. 345, § 206 to show that communication to attorney was privileged.. 1, p. 242, § 146 to show that communication to physician was privihgt'd. 1 , p. 238 «, § 146 loss or damage being proved, burden is on the inn- keeper to show valid excuse 1, p. 3059, § 1782 burden is on carrier to prove that loss of goods arose from cause for which he is not responsible 4, p. 3193, § ISGO burden is on carrier to prove contract restricting liabil- ity 4, p. 3193, § ISGl burden is on carrier to show that loss is within cxceijted cause 4, p. 3193, § 18G1 on loss being shown to fall within exception, burden is on shipper to prove negligence in some states 4, p. 3194, § 1862 in others burden is on carr er 4, p. 3194, § 1862 burden of proof upon plaintiff to show that bailee has been guilty of negligence 4, p. 2917, § 1705 in other states fact that such goods were placed in his hands in good condition and are returned damaged, or not returned at all, raises presumption of negligence which defendant must explain 4, p. 2917, § 1705 COri)oration which sets up lack of power to do particular act within scope of general powers, has the burden of proving L P- C24, § 352 burden of showing; that contract of corporation exceeds its corporate powers rests on party objecting 1, p. 624, § 352 burden of proving dissolution of partncrsliip on person alleg- ing it .....2, p. 1242, § 671 where borrosver has opportunity to count money burden of proving mistake is on him 2, p. 936, § 529 burden of proof of gift of chattel is on claimant 3, p. 2400, § 1324 burden of proof of undue influence exercised over testator on party alleging it 6, p. 5177, § 3209 burden of proof that died duly recorded was never deUv- ered is on grantor in action of ejectment against in- nocent purchaser 5, p. 3810, §2276 6532 fiVIDENCE. Evidence— (Continued.) burden of proof of execution of will is on profono-.t. . ..6, p. 5108, § 319(5 party plcadin;,' payment must i)riive it 6, p. 4100, § SfiSG on defeiulant to prove trutli of defamatory words. . . .3, y. 'J'297, § 1280 of malice in action for dtfamation is on plaiiiti(r 3. p. "JH.VJ, § 1.101 of sale of intoxicating licpiora 3, p. IDlJS, § 1139 in action a;^:iiust railroad for killing stock 3, p. 2.J41, § 1410 defendant need not deny amount of value or allegation ot damages 7, p. t2, § 3G50 burden of proof of change of domicile upon party alleging it 7, p. coca, § 3849 of negligence in medical man is on plaintiDF 7, p. CIGG, § 3911 3. Judicial Notice. of public laws only courts take judicial notice 1, p, 010, § 344 in construing statute court will judicially notice its con- temporary history 7, p. 5923, § 3773 court will not take judicial notice of usury laws of another state 6, p. 4094, § 2407 of meaning of defamatory words when 3, p. 2204, § 1241 of navigability of large rivers 6, p. 4778, § 2927 charter or act of incorporation of municipality will be ju- dicially noticed 7, p. 01 So, § 3924 aUter as to ordinances and by-laws 7, p. G1S5, § 3924 4. Law ami Fact, (a.) Questions of Lnw for dnirl. question of probable cause in malicious prosecution. . . .3, p. 1003, § 1102 whether case is one for exemplary dainngos 3, p. 210."), § 1219 whether railroad bound to fence at particular place. . . .3, j). 2539, § 1415 what is reasonable time for passenger to remove his bug- gage 4, p. 3328, § 1954 whether particular regulation of carrier is or is not reason- able 4, p. 3240, § 1 S97 reasonableness of an ordinance 7, p. G'241 , § 3931 what constitutes public policy, and what contravenes it. 5, p. SOSS, § 2.''')2 what is and what is not negligence. 3, p. 2149, § 1214; 3. p. 2155, § 1215 construction of contracts in writing 5, p. 3SS3, § 2315 what is or is not i-easonablo time within which party may rescind a contract 5, p. 4244, § 2579 whether sum mentioned in agreement to be paid for breaih is penalty or liquitlated damages 5, p. 4318, § 2043 whether there has been delivery of deed or not 5, p. 3813, § 2270 force and legal etlect of a deed 5, p. 38.37, § 2282 what is reasonable time for presentment of bill or note. .4, p. 2C52, § ].'>11 whether evidence proves a tenancy 6, p. 45Ga. ; :,:/y7 in libel, whether communication privileged by reason of the occasion on whi jh it was spoken 3, p. 2307, § 1281 whether act charged is a crime, whether words are or are not libelous 3, p. 2377, § 1308 EVIDENCE. 6533 Evidence— (Continued. ) wliutlicr comnumiciitlon privileged 3, p. 2373, § 1303 (h). QueHtiuii of fad for jury. what is and what is not nejjligcnce. .3, p. 2149, § 1214; 3, p. 2ir)r), § 1215 what cciustitutes intoxication 3, p. 11)<>8, § 1140 amount of damage against attorney for negligence 1, p. 3()'J, § 180 whether attornty was negligent 1. P- 303, § ISI whether railroixd fence was secure; at whiit place accident happened; whether injury was result of failure to fence •- 3, p. 2530, § 1415 acceptance of check 2, p. 942, § 531 di&puto between depositor and hank as to correctness of entry 3, P. 931. § 523 whether relation of master and servant or principal and agent exists l, P- 51 3, § -94 whether relation of landlord and tenant exists 6, p. 4508, § 2797 whether there was an eviction 6, P- 4()S(), § 2873 whether structure a party wall 6. P- 4549, § 2789 whether ijossession is adverse 6, p. 4406, § 2700 whether stream is navigable 6, P- 4780, § 29*29 acceptance of charter by grantee 1. P- 0(15, § 339 as to who are parties to a contract 5, p. 3973, § 2:iS2 whether or not paper has been altered 5, p. 409S, § 2409 whether alteration made before or after delivery of in- strument 5, p. 4099, § 2471 whether circumstances imply promise from parent to pay for articles purchased by cliild 2, p. 1491, § 820 whether damages are proximate, or speculative and re- mote 3, p. 175G,§1032 meaning of words, what was their applicaticn, in what sense were they used by defendant and understood by hearers, and to whom were they uttered to re- fer 3, p. 237G, §1308 question of malice 3, p. 23,7, § 1308 whether words were spoken of plaintilT in the way of his business; whether publication is true and correct narrative of ^uasj- judicial pro:;ecdings. .3, p. 2377, § 1303 5. Opinions; Experts. of attorney that communication was a privileged one. . . 1, p. 242, § 147 of witness that woman was fond of man inadmissible. .3, p. 1920, § 1103 identity of animal may be ijroved by the opinion of wit- ness 3, p. 2493, § 1381 opinions as to meaning or application of defamatory words, when admissible 3, p. 2207, § 1241 evidence in mitigation of damages that it was general opin- ion that facts charged were true, not admissible, un- less defendant knew such general oi)inion 3, p. 2305, § 1280 1 ^, IMAGE EVALUATION TEST TARGET (MT-3) &^ {./ /.<^ A ^p 1.0 I.I b£|2j8 |25 |50 ^^ IIII^H IL25 IHIU U£ % V^* ^ Photographic .Sciences Corporation 33 WIST MAIN STRKT WEBSTH.N.Y. 14SS0 (716) S7a-4S03 V iV ^ •SS c\ \ 4 c.\ ^^^^ ^ ^ '<*,'■ [/. ^^' ^ 6534 EVIDENCE. Evidence— (Continued. ) opiuiuu of persons not experts as to testator's mental cupa- city 6, p. 5175, § 3206 volne of lcf;al servii-e^ provable by opinion of lawyers. . 1, p. 327, § 198 6. Parol Eri'lriicc and LVulci.ce to Vary Writimj. written contract cannot be varieil by parol evi-lence.. . .5, p. 3*^81, § 2^10 exceptions: to prove the agreement 6, p. 3831, § 2310 to show a condition 5, p. 3881, § 231 1 to show a collateral agreement 6, p. 3S81, § 231 1 to show identity of persons dnr^cd with the pjirtios named and (loscribed in the docnincnt 5, p. 3882, § 2311 to point out property de.«cribe. 3SS3, § 2314 that it vva3 induced by !. .■'.U(^ or duress, or improper in- liuence of one of tho parties 6, p. 3883, § 2314 that it was made in furtherance of illegil object 5. p. 3883, § 2314 bill or note absolute on faee cannot be altered by a verbal agreement made at th'^ time between the parties. .4, p. 2C16, § 1470 vhat cannot be shown by parol 4, p. 2G1C, § 1476 extrinsic evidence admissible (as between immediate par- ties) to prove absence, or failure, or illegality of con- sideration 4, p. 2G17, § 1477 when particular consideration expressed, extrinsic evidence not admissible ti> prove diO'erent consideration. . .4, p. 2017, § 1477 other cases when parol evidence admissible 4, p. 2(il8, § 1477 bill of lading cannot be contradicted by parol evidence. .4, p. 3175, § 18o2 parol evidence admissible to show that paper was never ac- cepted as contract between parties 4, p. 3170, § 1853 collateral agreement may be shown by parol 4, p. 31 7(!, § 18.")3 BO shipper may show frau. § 2302 Bubscrii.t.on u. writing cannot be prove 1 by parol 1, p. 73s § 443 terms of written subscription cannot be varied or added to. . - parol evidence not admissible to prove a condition r-it con- tamed in a subscription to stock l j, 749 § 451 sealed release cannot be varied by parol 5] j,". ^o^ij § 0575 mistake in names in mortgage may be explained by par.d.ei p! iiisi, § 301G parol evidence a.lmissible to identify note intended to be . , ««<--»;e'H'y mort,^-.go 6. p. 4S91. § 3019 intention of appmpmting payment to particular debt may pr.ved by pand evidence 5 p 4007 § 0543 parol evi.lence a-lmissible to show int-ntion of purchaser to make purchase an a'lvancement 4. ,, 3400^ §2010 presumption of advancement may be rebutted by par,.1.4. p! 3122,' g 2010 parol evidence not admissible to construe' or explain ,.^^'"- ; 6. p. iSlS.-;, § 3219 exceptions; atent ambiguities q, p. 5187. § 3220 not ttdmi-sible to show mistake in drawing or expressing , "^'.'I • e. p. 51S7, § 3221 parol evidence admissilde to remove doubt as to which of several similar religious bodies was intended by , Y'''°[--: 2. p. 1157. § G23 when admissible to vary conditions of sale by auction. . .1, p. 35S, § 21^ where trust clearly establislied by written evidence, parol evidence not admissible to rebut it, but where written evidence ambiguous, parol evidence ad- missible to rebut presumption 4^ „_ 337(5 c loso BCcret trusts and onlilences creitcd for purpo.se of de- frauding cre.litor.s may be proved by parul 4, p. 3377, § 1950 constructive trust may be proved Ijy [ arol 4, p. 3405' g 0013 resulting trusts may in all cases be i)roved by parol. . , .4,' p. 3415^ § 2008 parol evidence to establish trust must be clear and satis- ^"'^'"••y 4. p. 3115. §20 8 presumption of resulting trust may be rebutted by , „ P""""' 4. p. 3415, § 2003 7. FrcminiitionH. that authority given to an agent is legal and to do a legal , .f''* 1.%. 25«,§ 23 of ratification of autliority from silence 1, p. 45 s 4^ that person dealing with public agent has notice of his statu- torypowers. 1. p. ,82. § 110 of knowledge of third person of limiUtion in power of gen- •^"^"S""* l.p. 7I6.§ 425 CciSO EVIDEXCE. Evidence— (Continuofl. ) of Unowlctlye b^' tliiril persons of provisions of clmrtcr.l, p. 717| § 420 circunistuncos raising and i.ut raiijing iire&uniption of fraud or bad faitli in making abbignnicnt, fur bunclit of credit rs 4, p. 3302, § KOI that nttaulnncnt was riglilfully sncd out 7, p. ^520, § .SMS that atti niL'j' appearing in case is authorized 1, p. SOU, § 185 ill favor of aw ards Oi p- 5oG2, § 33.S8 that bill or note was negotiated at ineeption, or before ma- turity 4, p. 2723, § 15G0 as to exact time of negotiation 4, p. 2723, § 15G0 that holder of bill or note a lioiia fide hohler f i r value w ith- out notice 4, p. 2764, § 1589 aliter when note was obtained by fraud or is illegal. .4, p. 27C5, § 1590 possession of unindorsed note payable to particular person by another than payee presumptive evidence of owner- ship 4, p. 2723, § 1561 no presumption of non-2>ayment of note at maturity. . . .4, p. 27S6, § 1C06 possession of note by maker, or fact that it is found among his papers after his death, presumptive evidence of its payment 4, p. 27SG, § 1G06 presumption that money on deposit, to credit of depositor, belongs to depositor 2, p. 919, § 526 that ordinary acts of a bank cashier have been ratified or authorized 2, p. 905, § 523 of negligence from failure of carrier to deliver safely.. 4, p. 3130, § 1825 of assent to conditions in notice restricting liability of carrier 4, p. 31G9, §1847 from injury h jipening to passengers, of ne^iligence on part of carrier arises 4, p. 32G0, § 1903 where goods in hands of carrier arc lofct or damaged.. 4, p. 3193, § ISGO of citizenship from holding of real estate or of ollice..7, j). G0.V2, S 3S36 that corporations contract within their powers 1, p. ()24, § 352 that certificate of stock is fully paid up p. S25 n, § 495 that otfijcrs of corporation did not exceed their au- thority 1, p. CSl, § 40G members of foreign corporation, in United States court presumed to bo citizens of state or country which created it 1, p. 613, § 346 of legality of existence of corpnration 1. p. 610, § 344 of acceptance of charter by persons api>lyiiig 1, p. G04, § 339 that member of corporation knows by-laws 1, p. 803, § 482 of surrender of charter from neglect for long time to choose corporators ami to exercise corporate franchises.!, p. 844, § 504 that contract was intended to be performed where made. 5, p. 4142, § 2499 that alterations, erasures and interlineations on face of writ- ings have been made before their execution. . .5, p. 4103, § 2479 EYIDEXCE. C537 Evidence— (Continued.) exceptions to tlus rule 5, p. 4109, § 2179 that deed in possessinn of grantee has Ijecn deliveied. .5, \>. oSJS, § '2'2'!Q other acts from which delivery of deed may be pre- sumed 6, p. 3S03, § 227a of acceptance of deed where instninu'iit is benefiriil to grantee 5, p. SS14, § 2278 that deed was del.vered and takes clT"c t from date. . ..5, p. .'5815, g 'J27(J that land is situated in state where deed was executed 5, p. 3S4I, S 22S5 of falsehood of defainatory words 3, p. 2-97, § 12 lO that domicile, once established, continues 7, p. COdO, § .'{^49 lliat person dying kaves heirs 0, p. 4;i9;{, § 2GII4 of gifts from delivery 3, p. 2107, § 13J9; 3, p. 24:S, § l.'iSO of acceptance of gift by doirt-e 3. p. 24ia, § 1339 that personal property iu wife's possession belongs to hus- band 2, p. 1337. § 732 of continuance of insanity once proved to exist 2, p. l.")42, § 813 of acceptance of lease bencticial to lessee O, p. 4577, § 260i that set vices of children arc gratuitous C, p. I4S3, § 818; 2, p. 1405, § 823 that services arc rendered for hire 1, p. 445, § 243 that one found doing a< rvico fur another is in his cm- ploy 1, p. 433, § 231 that api)liance is defective and servant injured, docs not raise a prosum[)tioii of negligence on master 1, p. 533, § 302 that where without new contract servant continues after expiration of term, that it 's continued on same terms 1, p. 402, § 2G1 that infant of fnartecn years has capacity to reciigiiizc and avoid danger 1, p. 5 19, § 309 of negligence arises from ha[>p<'nir.!T ('f accident 3, p. 2145, § 1213 that happening of fire or destruction of property does not show negligence 3, p. 2447, § 1354 that animals being injured on track by railroad shows negligence 3, p. 2525, § 1399 that person acting as pul>lic odii'cr is such 7, p. 5974, g 37!)9 that oHicer was elected accorcliiig to jirescribcd forni..l, p. 802, § 481 that olliccr has exceeded his autliority 7, p. C91U, § 3S22 that shares of partners in the absence of an agreement, eciual . . 2, p. 1233, § CC4 of payment of mortgage on account of expiration of twenty years 6, p. 4050, § 3054 of acceptance of trust by cettni que trust 4, p. 3374, § 1 079 in favor of validity of statutes 7, p. 5SS5, § 3745 of existence of facts necessary to siijiport statute. . . .7, p. 5027, § 3773 that law c.f other states is the common law 7, p. 5831, §3713 of X}assagc of act of legislature 7, ]>. 5903, § 3753 •6538 EVIDENCE. Evidence— (Continued.) 8. Pridlcjcd Comnmnicaliona. attoruey not conipelloJ or permittecl to disclose commnnica* tious with client 1, p. 23C, privilege cxtumla to books, papers and oral communica- tions 1, p. 230, matters need not havo been communicated in conli- denec 1, p. 233, privilege not limited to matters in suit 1, p. 239, conmiuiiieation canu' t bo revealed, even after termination of proceeding where made 1, p. 233, or after relation of attorney and client has terminated with the leave of court 1, p. 233, or after death of client , 1, p. 23S, rule where attorney acts for client 1, p. 238, attorney who drew will for testator 1 , p. 238, client cannot be cc T>nelled to testify 1, p. 239, to whom privilege extends 1, p. 210, matters which attorney cannot be compelled to testify to 1, p. 240, the burden on one seeking to exclude communications as privileged, to show privilege 1, p. 242, rule should he enforced by court, of its own motion ... .1, p. 242, opinion of attorney that communications are iirivilegod en- titled to weight 1, p. 242, exceptions: cases in which the privilege is not enforced. 1, p. 243, privilege may be waived by client 1, P- 243, physician forbidden to disclose information received from patient in professional capacity 1, p. 237 w, prohibition not confined to communications madeliy patient to physicians, but protects whatever, in order to en- able the physician to prescribe, was disclosed to any of his senses 1 , p. 237 n, burden on party seeking to exclude testimony 1, p. 238 n, 9. licputdtion. general reputation that one is partner not sufficient. . . .2, p. 1195, iucomi)etence of servant may bo shown by evidence of repu- tation 1, p. 5S9, specific acts of carelessness may also be shown 1, p. 590, evidence of character and reputation of plaintilF, when ad- missible in action of malicious prosecution 3, p. 1S79, evidence of liis good character and reputation admissible on bis behalf 3, p. 1879, but not character of plaintiff after the prosecution 3, p. 1S79, evidence of character of plaintiff admissible in mitigation of damages 3, p. 1879, general charucter, not particular acts, admissible 3, p. 1S79, § I4C 14() 146 14G § 146 146 14') 146 146 146 14G § 1 146 146 146 146 146 14G 14G 146 C39 326 326 1095 1093 1095 1095 1U95 1] V. EVIDENCE. 6539 Evidence— (Continued .) 10. }yitiungps. attorney in cause not (lisqualifietl as witness 1, p. 2.'1, § 149 nor counsel who coiulucts case in ciiurt 1, p. 231, § 140 right of attorney called as witness to witness fees 1, p. 2jl, § 14!) infant not disqualitii'il from b0 on question of gift, donor may testify to his intent 3, j). 2401, § 132G husband and wife cannot testify fur or against each "^^'^^ 2,p. 13I4,§ 717 alitvr aa „ parties living together as such hut n.it niar- "*^'l 2, p. 1314, § 717 after divorce cannot testify as to matters occurring durin;,' '"'"■'■'"««■•; 2, 1'. 1314, § 717 may nuike criminal complaint against eich other 2, p. 1314, § 717 BO where tl.ey have conflicting interests and are opjiosing parties, as in divorce actions, suits hy wife seeking prote(.ti, § iu false arrest and imprisonment. . . .3, p. 1S45, § 1077; 3, p. 1S4G, § in actions of crim. con 3, p. 19'-0, § what evidence admissible to prove malice in actions for de- famation 3, p. 23.'2, § what evidence not admissible . . .3, p. 2lii>Z, § in action of ejectment 7, p. CS02, § in actions of malicious prosecution. .3, p. 1906, § II03; 3, p. 1911, § evidence to show malice in actions of malicious prosecu- tion 3, p. 18S9, § in actions for seduction 3, pp. 1934 to 1930, §§1120 to to prove incorporation of company; see Cobpouations, 1. to establish heirship 6, p. 5105, § to support plea of usury , 5, p. 4094, § evidence of negligence in selecting and maintaining machin- ery and appliances; cases in which it was held suf- ficiently shown 1, p. 690, § cases in which it was held not suHiciently shown 1, p. 691, § Eviction. See Landlord and Tenant, 7. Examination of Titles. See Titles. Excavations. Sei! Easements; Neougencb. Exceptions. See Easements. eHect and construction of reservations and exceptions in deeds of real estate C, p. Exchange. implied power of agent to exchange... 1, p. Executions. See Constitutional Law, 5. what is an execution 7, p. execution must follow judgment 7, p. judgment in real action, how enforced 7, p. in personal action, how enforced 7, p. franchise of corporation cannot be levied on 1, p. frauchise in raili'oad not subject to levy and sale under exe- cution 2, p. 973, § 542 one copartner's share in goods of firm may be sold on execu- tion for his individual debt 2, p. 12G7, § GS4 lOGl 1002 3G90 1139 1049 1073 1103 1301 1301 3703 1104 1098 1122 3138 24G3 327 323 3849, § 105, § 5387, § 5:JS7, § 5387, § 5;]S7, § C42, § 22D3 68 3409 3409 3409 3409 376 EXECUTIONS. Coil Executions -(Pontinncd.) ou execut on aga'iisit one of several partners, proper mode in to levy upon an.l sell sucli partner's interest in whole partnership effects 2, p. 1203, § GS4 execution cannot issue aguicst sureties in replevin for larger amount than bond 7? p. CiJol, § SWI intcrc3t of the mortgagor of personal property is such that e?:ecution may be levied on it even though in pn33essi.)n of mortgagee 6, p. 4('S9, § 3075 undivided interest of tenant in common may bo seized on execution 6, p. 4U0, § 272G estate of mortgagor liahlo to be attached, levied uiJon, and sold under execution 6, p. 4912, § HOao estate of ODttii may be levied on under execution 4, p. 34 10, § 20. 1 precedence of attachment over executions and encum- 'J''a»ces 7, p. 554C, § 3570 the form of exccuMons to be issued must conform to ^^*/"'' 7, p. 5SGS, § 3737 by sale of term on execution, purchaser is made assignee 6, p. 4G.J'), § 284(j if money only be awarded by award under submission to be paid, execution issues as in other cases of judg- ""'"ta 6, p. 537C, § 3401 if award be prospective, by ordering money to be paid at future period, or a si)ecifio net to be done, no execu- tion will issue, but remedy is by attachment, or ««""" 6, p. 5370, § 3401 foreign corporation may buy at cxejuti m sales on judgments initsfavor 1, p. ci fi, § 347 attorney not liable for ordering levy 1, p. OjO, § l.")5 implied power of attorney to issue or stay execution 1, p. 28G, § 171 levy of execution against one person upon lands belonging to another, and without going upon laud, not * actionable 3^ p. 22S9, § 1277 condition that land shall not be subject to attachment or levy on t xecutiim void 6, p. 4j10, § 2707 valid attachment on execution gives officer right to main- t-"^'" t'""ver 7, p. 5GGS, § 3004 foreclosure decree linally fixes amount due; no objections can be mule to issue of execution for deficiency. 6, p. 4079 § 3069 action will lie for a conspiracy to fraudulently withdraw goods of defendant from reach of idaiutiff's execu- . *'»«•••• 3, p. 17S9w, §1047 provisiim that insurance shall cease if property is ieued on or taken into custody or possession, do(;s not include a technical levy without change of possession. . .5, p. 3C11, § 2110 norawrongful levy 5^ p 3C1I,' gjuo Laweov U & K.— 437. C542 EXECUTIONS— EXECUTORa AND ADMINISTRATOBS. Executions— (Contiiuictl. ) uor issuiiiico of exomitioii on judgment for meclianics' lien anil notice of nalo of proiiurty 6, p. 3CI1, § 2110 provision of insurnnco j) 'licy tliiit no execution shall issue upon any juiljjniont again -t it until tlireu nioiitlis after tlio rendition tliereof will lio enforced, altliough tho judgment bo founded upon a foreign judgment ren- dered long before 5, p. ;^54S, § 2034 Executive. See Constitutional Law; GovKitNOR. judicial inteiferenco with legislative or executive powers in- valid 7, r. 5917, § 37Si Executors and Administrators. IS to bonds of administiator, see Srni.TVSiiip and Ouar- ANTY. See also Jitdicial Sales; JuiJUiiiiNxs; SlIKUIFKS. 1. ArroiNTMENT OF and IssniNO or Letters. 2. I'L'DLic Adminlstkators. 3. IvKsrc! nation, Revocation and Removal. 4. RioiiTs, Powers, Duties and Liabilities. 5. Actions by and a(}ainst Executors anl Admini.strator3. 6. FouEiuN Executors. 7. Claims aoainst Estate. 1. Jpiwintiwiit of and Issuinfj of Letters, ai)pointment of S, p. 1614, § 889 when administration will be granted 2, pp. 1(!14, 1()1.">, § 800 where administration will be granted 2, p. IGlfi, § 891 who may be appointed 2, pp. HMT, 1018, § 892 who disqualified 2, p. 161!), § 893 infants 2, p. 1496, § 824 infant administrator not liable in devastavit for failure to appropriate assets ratably 2, p. 1497, § 824 husband on wife's death becomes entitled to letters on her estate 2, p. 1399, § 7G3 by divorce husband loses right to administer on wife's es- tate 2, p. 14r)7, § 801 who are and who are not admi.iistrators 2, p. 1()19, § 894 persons appointed by will of /twe covert 2, p. 1019, § 894 husband of administratrix 2, p. 1619, § 894 eheriffs whj receive assets without letters are adminis- trators 2, p. 1619, § 894 administrators pendente lite, or special adminishators 2, p. 1620, g S!)6; 2, 1629, § 906 when grant of letters voidable only 2, p. 1621, § 897 when grant of letters void 2, p. 1621, § 897 administration on estate of living person; effect of 2, p. 162,3, § 898 grant uf letters of administration raises presumption of death aui intestacy 2, p. 1623, § 893 8S9 890 801 892 893 824 7G3 EXECUTORS AXD ADMIXISTRATORS. C543 Executors and Adrainistrators-(Continue.l.) ad.Mini.trati.Mi on i*,tate of one civil y dea.l 2, p. 1C24, § 899 power of court to ilisi.cnso with a.ln.inistiati.iii in 8i„vial . .r"?"';'," 2, p. ir,ni.§ 909 rorm.tcstov.h.lf^rantof icttcs g, ,, „;,.,, g .,03 cloatl. an,l n.testa<.y 2. p. I.IJS, § 0(..T tactai;ivin^' jtu-MiliLtiou must exist at time of issun . 2 p 10 '8 § 90.1 dcccacnt must l.avo his .lomioile iu county at time' of" ,''";'' 2.p. H:C9.§ 901 orliaveleftpcrsnuulty in county or state of is^ue... 2 p Kl-O S 904 •pplioation for letters, forn, of gl ,^:,;,; g ,,„. cha.acteroftheproc.Mliny 2. p. 1030. § 908 attoraej no authoiuy to appear for client's exeeutor ..r a.l- niinistrator , „-„. 2. P,ih!k AdniinislnUnrs. ^' '"'^ ^' public a.ln.inistratcn- entitled to administration upon all es- tales not otherwiso administered 2, p. lfi"0 § SOT has only such powers as «ivcn him by law .'..2, p. luiio' § 895 ishuduty to talve imme.liate possession of estate of any person dying « jthout heirs 2, p. 1C20, § 895 docs not without a spL-eial grant acquire a right to admin- ister upon any particular estate 2, p, 1C20, § 895 continues his jiowers after termination of his official t.-'mi until another administrator ajipointed 2, p. 1C20, § 895 successor .-.i.pointe.l. property must be paid over to him. 2*, p. I02o[ § S95 prior ri-ht to letters exists in tiie public administrator over the appcintce of foreign executor not entitled by blood or marriage 2, p. Ifi20, § 895 public adu.iaistrator is uot entitled to letters unless no relative in state (|U,i!ilied g i). ICO ? 89" 3. Jicvrjiinlin), It u K'llinn mid linnovil. ' " ~ ' renunciation of oHice of executor, what amounts to a.. .2. p. IO04 § 900 renundation of ofKce by mistake, etTe. t of 2. p. IG-",")' § 900 resijL'uation of office, wlicn per:nitted g,' p. IG25' § 900 letters will be revoked when issued irrc-guLirly or witliout , j»'i^''"--'i"» S, p. ir,2r,,§ 901 or where cause for their issue no longer txist-i 2, p. IGi") § 9J| other cases w here letters will be revoked 2^ p l(i'>a' § 901 who may apply for revocation of letters .2,' p. 1(j2g' § 901 removal of eve utor or administrator; what is and is not a sufficient cause 2. p. 1C27. § 902 where suit p nding at the time of removal, deposed execu- tor has no ft.r;her standing in court 2, p. 1G28, § 902 firing vacancy; power of courts as to 2,' p. 1629* § 9U5 4. nijhtH, Pun'>-r% Dutks and L'uMtUifS, ' ' ' ' assets. What are 2. pp. 1637-1639, § 917 what administrator entitled to g, p. 1639, § 918 6514 EXECUTORS AND ADMINISTRATORS. Executors and Administrators -(Continued.) marshaling a.4t.uts 2, p. 1G39, § 019 title of cxucutur anJ ailniii:i.str:tti)r in iiropcrt}', nutniu of 2, iH). 10»0 10»'_', § JH'l) powers of executors and administrators niidor will ... .2, \>. I(!4H, § 921 power to sell may 1)0 expre-iscd or implied 2, p. IfiH, § \)2'2 may not be duk'j,'at(d 2, p. 1015, 3 923 cannot lie executed by adminiitrator cum trxliinn'iito fiiiiiriro 2, p. 10ir>, § 9_'l distinction between naked powers and powers conplod with interest 2, p. IU5, § 925 power given to executor couple 1 with interent survives death or renunciation 2, p. 101(5, § 9; power to 8 11 realty docs not make executor liable for rents 2, p. 1047, § 927 power to convey laud docs not make him warrantor of title 2, p. 1647, § 9-27 power to sell within given time docs not necessitate execu- tion of a deed within period 2, p. 1G47, § 927 power to sell all estate docs not authorize sale of aftcr- acqnired property 2, p. 1 647, § 927 direction to sell in will; effect of 2, p. 1018, § 927 duty of burial is upon executor, and liable to person who in- curs such expense 2, p. 1013, § 923 executor and administrator must use due diligence; liable for neglect 2, p. 1618, § 923 arc trustees, and prritits belong to estate 2, p. 1G(8, § 923 liability of, for losses to estate 2, p. 1700, § 935 acts of an administrator done in duo course of the adminis- tration are valid, thouj^h letters afterward re- voked 2, p. 1651, § 92^ authority of administrator in general 2, p. 1051, § 923 authority implied and not implied to executors and adminis- trators 2 p. 16,"),*l, § 929 termination of authority of 2, p. 1011, § 923 authority to make coutr.icts 2, p. I(i5'), § 931 authority to subin t to arbitration 2, p. 10").'», § 9.12 authority to mortgage 2, p. lOlO, § 9.1.3 effect of admissions by executor or administrator 2, p. 1057, § 9:U implied power of, to sell property of estate 2, p. 105^, § 915 power of probiite ourt to order sale 2, p. 1059, § 9.13 hearing of petition for 2, p. 1031, § 917 requisites of order of sale 2, p. 1001, § 91S nature of sale 2, p. 10(12, § 933 what may be sold 2, p. 1002, § 940 who must make sale 2, p. 100.1, § 941 only money receivable .2, p. 1003, § 942 EXECUTOKS AND ADMIMSTISATORS. G545 010 927 927 928 923 923 933 Executors and Administrators— (Continued.) biililcM uiul " jiull'oM " at jiulitjial saLa 2, p. ICfil, § bonda given licforo aulo 2, j». \M'>',\, § ordur of sulo must bu followed 2, p. l(j(il, § court may set ;wido Halo 2, pit. 1U04, l«t5, §§ 910, irrnyuhiiitiea in ealo 2, p. lC(5r>, § conlirmiition of sale 2, pp. KiG.l-lCOT, § wlit'K sales valid 2, p. l(i(»7, § when Bales void 2, p. 16G7, § conveyance by executor or administrator gives color of title 2, p. 1009, § what estate passes by such deed. 2, p. 1CG9, § 9o2; 2, p, 1G70, g requisites of deed 2, p. 1G70, § rights of purchaser 2, p. 1070, § effect of i-urchase of estate by executor or administrator. 2, p. 1073, § right of executor's executor to administer au estate of orig- inal testator 2, p. 1G90, ? co-executors and administrators; rights and liabilities of 2, p. 1G91, § to execute power oi .Ae 2, p. 1G91, § liability for acts of each other 2, p. JG92, § «xecutors di- nun toil, who arc 2, p. 1G94, § who are not 2, ii. Ki'J"), § rigiits and liabilities of 2, p. 1G7S, g 9(;0; 2. p. 1G9j, § administrator de bonii mm, rights, powers and liabilities "f 2, p. IGOG, § accounting by exrciitors and admiuistnitors 2, p. 1GI)(>, § form of account 2, [i. 1 090, § power of court to correct mistakes in administrator's ac- counts 2, p. 1G97, § compensation allowed to executors and admisiistrators for services 2, p. 1097, § right to commissions 2, p. 1G98, § right to allowances for cxpcndi'.ni es 2, p. 1G9S, § charges against executors and admii.i^itrators 2, p. 1G!)9, § when counsel fees allowed to executor or administrator. 2, p. 1700, § liability of executor or administrator for interest on funds in his hands 2, p. 1702, § attorneys for executor cannot charge for answering in(|uiries of creditors 1, p. 330, § shares of stotk, on death of owner, pas3 to executor, and not to heir 1, p. 770, § patent, when issued to executor of inventor 4, p. i:S70, § may appoint attorney to transfer stock 1, p. 2(i, § with power to sell may not delegate authority 1, p. 27, § «xccutor paying father from amount of legacy le't his in- fant sou liable to account to estate for such sum. 2, p. 1485, § 943 944 945 947 948 949 950 051 952 953 953 on"? 954 974 975 976 97(> 983 934 984 9SG 9S7 983 9S9 990 991 992 993 994 996 199 4G8 1G65 25 27 813 Gd46 EXECUTORS AND ADMINISTRATORS. Executors and Administrators- ^Continued.) 6. Actions by ami aijuhist Executors. executor or administrator may sue in reprcscnlntive capacity whenever the money, if received, would be assets in his hands 2, p. 1G74, § 055 Buit may be maintained on showing title in deceased, and his own possession as administrator 2, p. IG74, § OoS he may sue in his own name 2, p. 1G74, § 955 what actions may be sustained by executor or administra- tor 2, p. IG75, § 955 what actions may not be sustained by executor or adminis- trator 2, p. IGTG, § 956 what actions may be sustained by executor rfp hoiiM no« 2, p. 1G77, § 957 what actions may be sustained by administrator de hums nan li, p. 1678, § 9G1 what actions may be sustained by co-executor 2, p. 1G78, § 958 what actions may be sustained by executor of executor or administrator 2, p. 1G78, § 959 on death of holder of bill or note, title passes to personal representatives who may transfer it or sue upon it. 4, p. 2720, § 1554 personal representative cannot give title by mere delivery; must indorse it de novo 4, p. 2720, § 1554 what actions may be sustained against administrator de bonis non 2, p. 1G78, § 961 what actions may be sustained against executor de son tort 2, p. 1678, § 960 executor or administrator liable only for non-performance of duties he was bound to perform 2, p. 1679, § 9C2 on express or implied promises made after intestate's death 2, p. 1670, § 9G2 cannot be sued in representative capacity for goods fur- nished or services rendered to the estate after dece- dent's death 2, p. 1680, § 9C3 cannot be sued in an action which existed by statute against deceased and abated at his death 2, p. 16S0, § 903 action for a wrong done docs not survive against such repre- sentatives 2, p. IGSO, § 9G3 action to enforce liability against estate 2, p. IGSO, § 9u4 jurisdiction of e(iuity in action by or against executors or ad- ministrators 2, p. 1683, § 906 Buits by and against executors and administrators in foreign jurisdiction 2, p. 1681, § 965 pleading and practice in action by and against executors and administrators 2, p. 1684, § 907 See Pleading and Practice. where drawee of bill is dead presentment must be made to executor or administrator 4, p. 2632, § 1491 EXECUTORS AND ADMINISTRATORS — EXEMPTIONS. C547 Executors and Administrators— (Continued.) G, Furtthjii Executors and Adiiiinintrators. graut of letters has no force l)eyond state in which made, though deceased domiciled in another state 2, p. 1G92, § 978 power and riyhti of foreign executors and administra- tors 2, p. 1002, § 979 payments to foreign executors and administrators 2, p. 1093, § 9S0 accounts and settlements by 2, p. 1G9.S, § 9S1 ancillary administration when granted; eCFect of. 2, p. 1C93, § 9S2 7. ClaiiiiH ajainst Estate. formal presentation of claim against estate not neces- sary 2, p. 1704, § 999 eufBcient if representative has notice or knowledge of claim 3, p. 1704, § 999 affidavit of claim against estate may be made by an agent of the creditor 2, p. 1704, § 999 administrator neither allows nor rejects a claim, but refers the same to probate court, a rejection of claim. .2, p. 1704, § lOO'J claim must be presented, altlKuyh executor verbally stated to creditor that it would be paid 2, p. 1704, § 1000 acknowledgment that claim was duly presented is evi- dence of such fact 2, p. 1704, § 1000 statutory limitations as to time governing presentation of claims against estate, do not apply to mortgage claims • 2, p. 1704, § 1001 distribution is made under law of domicile 2, p. 170G, § 1006 See also. Conflict of Laws. distribution in case of non-resident creditors of insolvent es- tate 2, p. 1706, § 1007 non-resident creditors have right to prove claims under an- cillary administration 2, p. 1705, § 1003 personal representative entitled to give a preference to his own debts where he is himself creditor 2, p. 1705, § 1004 executor de son tort may not retain for his own debt. .2, p. 1705, § 1004 extinguishment of executor's or administrator's debt by his appointment 2, p. UO."), § 1005 powers of court are exhausted after distribution 2, p. 1706, § 1008 savings bank cannot apply stock belonging to estate of one deceased in payment of his indebtedness to bank. 2, p. 876, § 513 Executory Devises. executory devises defined; diCFerent kinds of 6, p. 4474, § 2745 requisites of; effect of 6, p. 447G, § 2745 illustrations of executory devises 6, p. 4476, § 2746 must not create a perpetuity 6, p. 4477, § 2747 what does and does not create perpetuity 6, p. 4477, § 2747 Exemptions. See Sheriffs; Taxation. 6548 EXEMPTIONS — FALSE ARREST AND IMPRISONMENT. Exemptions— (Continued.) cxsniptioii laws are unconstitutional, when 7, p. GOTO, § 3354 legislature cannot give corporations cxcni^itioas not allowed to private persons 1> P- COO, § 333 partner entitled to personal property exemption out of tho partncrsliip property before debt due by him individ- ually to copartner can be deducted 3, p. 1239, § GG9 debtor cannot claim exemption on judgment for ali- mony S, p. 1455, § 793 Experts. See Evidence, 5. Explosions. See Neoijoknce. Ex-post Facto Law. See Constitutional Law, 7. " Ezpresio Unius est Exclusio Alteriu3. illustration of maxim; common earner agreeing to deliver safely will be liable even beyond his common-law lia- bility 4, p. 3183, § 1358 Express Companies. See also Carriers. expressmen and express companies are common carriers. 4, p. 3030, § 1792 delivery by express companies 4, p. 3133, § 1829 railroad not obliged to furnish facilities to an express com- pany beyond such facilities as it must furnish to ship- pers generally 4, p. 3090, S 1797 implied x^owers of agents of 1> P> 11C| ^ 75 Factors. See Brokers and Factors. lien of, see Likns, 2. False Arrest and Impriscnment. defined an(' illustrated 3, pp. 1S25 1S29, § 1004 assault not essential 3, p. 1S2."), § 10G4 party's liberty must be restrained to his knowhidgo. .3, p. 1S2(), § lOoi restraint without process, when permitted 3, p. 1S21), § 10G5 in the domestic relations 3, p. 1829, § 10G5 in the case of bail and piincipal 3, p. 1829, § 10G5 imprisonment of insane persons, when permitted without process 3, p. 1829, §1060 valid process from competent court a good defense to all parties 3, p. 1330, § 1067 one cannot recover for false imprisonment on proof of case of malicious prosecution 3, p. 1830, § 10G7 imprisonment, though caused by m dicious prosecution, not " false," unless extra-judicial or without legal proc- ess 3, p. 1830, § 1067 arrest of a person privileged from arrest not a trespass, and docs not give action for false imprisonment 3, p. 1831, § 10G7 FALSE AKREST — FALSE REPRESEXTATIONS. 6549 False Arrest and Imprisonment— (Continued.) railroad company has no right to detain a person who has lost his ticket and will not pay fare 3, p. 1831, § 1067 United States commissioner cannot fine and imprison. .3, p. 1S31, § 1067 commissioner in chancery cannot commit person for refusing to testify 3, p. 1S31, § 1007 imprisonment for debt, when permitted 3, p. 1S31, § 10G3 arrest, when allowec? in civil cases 3, p. 1S!31, § 1063 liability for arresting wrong person on valid warrant.. . .3, p. 1831, § 1069 process void for want of jurisdiction no protection 3, p. IS.Vi, § 1070 for irregularities no protection 3, p. 1832, § 1070 process not void, but merely irregular, a protection 3, p. 1834, § 1071 arrest by military order not actionable 3, p. 183.>, § 1072 officer seeing felony committed may arrest without war- rant 3, p. 183G, § 1073 80 where he has reason to believe a felony has been com- mitted 3, p. 1836, § 1073 to prevent breaches of the peace 3, p. 1836, § 1073 officer no authority to arrest person without warrant on sus- picion of having committed misdemeanor 3, p. 1837, § 1073 or offense punishable by fine and imprisonment in jail. .3, p. 1837, § lo73 essential that within reasonable time party arrested be taken before magistrate for exaniinaiion 3, p. 1837, § 1073 no authority to arrest on complaint by letter from foreign state 3, p. 1837, § 1073 private persons present when felony is committed may ar- rest 3, p. 18.10, § 1074 or when breach of peace is committed in sight 3, p. 1S30, § 1074 on suspicion of felony, when 3, p. ISIO, g l(i74 must "ive aid to officer when called on 3, p. 184'), § 1074 liability of officer illegally issuing process 3, p. 1S41, § 1073 liability of party c uising illegal arrest 3, p. 1S42, g 1076 measure of damages in actions of false imprisonment. . .3, p. 1844, ^ 1077 See DAMAGE.S. corporation liable for false imprisomnent 1, p. 034, § 307 False Imprisonment. See False Arrest and Ijipeisoxmext, False Representations. See In.sorance, 2. false representations by seller a good ground for relief. . 5, p. 3929, § 2342 erroneous representation or atatemeut of matter of law not a fraud 5, p. 3930, §2343 false representations as to legal effect of instrument uo bar to an action thereon 5, p. 3930, § 2343 representation of intention as to future act or performance, though it may have induced agreement, not a fraud 6, p. 3930, § 2344 6550 FALSE REPBESENTATIONS. Falsa Representations— (Continued.) repreaenta'ioa of opinion, though erroneous, not frand agiiast which law will relieve 5, p. 3930, § 2345 expressioiH of opinion by vendor of proi)erty, relative to title, quantity, value, etc., not ground for relief. 5, p. 3930, § 2345 concealment or nondisclosure of material fact will avoid contract 5, p. 3931, § 2346 alifer where there is no duty to make disclosure 6, p. 3932, § 2346 persju aellin;; chattul and concealing latent defect not guilty of fraud 5, p. 3932, §2347 flVler as to patent defect 5, p. 3933, § 2343 effect of sale " with all faults " 5, p. 3933, § 2349 purchaser is not obliged to disclose fact which, unknown to other party, increases value of property 5, p. 3933, § 2350 aUler where there is fiduciary relation between parties. 5, p. 3933, § 2350 representation made with belief in its truth, though not true in point of fact, not fraud 5, p. 3934, § 2351 a/i/er where representation is of material fact, and induces contract, even though innocently made 5, p. 3034, § 21551 representation not known to be true, effect of 5, p. 3935, § 2352 representation subsequently becoming false or true, eflect of 5, p. 3936, § 2353 misrepresentation must be material, must have induced con- trait 5, p. 3936, §2354 not enough that it may have remotely or indirectly contrib- uted to transaction 5, p. 3936, § 2354 representation made after sale completed not relevant. .5, p. 3J36, § 2354 representation to person having knowledge or means of knowledge of ascertaining its truth 5, p. 3937, § 2355 where party does not rely on false representation 5, p. 3937, § 2355 misrepresentation as to one of several matters, or rci)resenta- tion injluding several matters false in one material point, vitiates whole agreement 5, p. 3938, § 2356 fraud of third party not ground for setting aside con- tract 5, p. 3939, § 2357 on discovering fiaud, the party defrauded may elect to treat the contract as binding or refuse to be bound by it; until he elects it continues valid 5, p. 3939, § 2353 agreement procured by mistake or fraud voidable, not void 5, p. 3939, §2358 one who executes contract for purpose of defrauding another will not be protected against it when used against himself 6, p. 3931, § 2358 election to rescind may be by words or acts 6, p. 3940, § 235 J Teador, when he discovers the fraud, may rescind sale and rejover the property from vendee, or from any one into whose hands it may have gone 5, p. 3910, § 2360 FALSE REPRESENTATIONS. 6651 False Representations— (Continued. ) to rescind tlie sale for fniuil, vendor mnst restore the con- sideration, or otlierwise put other party t« ntutu ?"o 6, p. 3940, § 2360 ri;;ht to rescind for fraud not defeated hy vcnlor's having obtained judgment fur price in ignorance of fraud . 5, p. 3940, § 23G0 party allirming contract voidable for fraud cannot afterward elect to revoke it 5, p. 3910, § 23G1 delay in setting aside fraudulont contract may ha\ e the edect of affirming it 5, p. 3941, § 2362 laches not imputable to party defraudeil, until he has liad knowledge, or means of knowledge 5. p. 3941, § 2362 subscriptions to stock of corporation obtained by false rei)- r.scntations are voidable 1, p. 7ol, § 452 false representation must nit be a representation as to a mat- ter of law or of opinion ... 1, p. y.!.*}, § 4."3 or of the construction or effect of the charter 1, p. T53, § 4.')3 or be in the nature of a future jiromisc 1, p. 7."»;{, § 4,')3 false representation must have been of material matter. 1, p. 75.'?, § 4.")3 fraud must not be fault of subscriber himself 1, p. 7,j;5, § 453 false representations must have Ijeen made fraudulently. 1, p. 7.')3, § 4,'J3 must have been believed or re ied on by subscriber 1, p. 753, § 4,")3 discharge from stock subscription on ground of fraud c.iniiot be obtained by one who wa? party to the fraud . .1, p. 75.3, § 453 illustrations of false representations held not to avoid the subscription 1, p. 751, § 453 person guilty of .ladies cannot avoid subscription to stock obtained by fraud 1, p. 75G, § 4d4 agent personally lialde for deceit and false rei)re3entation3 made by him 1, p. iSG, § 112 principal liable also 1, p. 191, § 114 principal bound l)y false representations of agent 1, p. 197, § II7 liability of directors for fraud and false representations. 1, p. G94, § 413 corporation liable for false representations of its agent .1, p. G34, § 3G7 directors not liable for false statements in articles of associa- tion inducing party to subscribe to stock 2, p. 898. § 521 insurer is bound by false representations of its agent. .5, p. 373G, § 2219 equity will set aside gift of property to husband induced by his false representations 2, p. 1396 § 759 but not mortgage made to third p.arty on husband's false representations 2, p. 139G, § 759 equity may order canceled partnership articles procured by false representation 2, p. 1262 § 681 infant not liable to action for fraudulently representing him- self to be of age 2,p. 1521,§ 835 liability of corporation for fraudulent representation of »Sent l,p, 718,§ 403 mm 6552 FALSE REPRESENTATIONS— FIGURES. False Representations -(Continued.) fraudulent iej)iesentatii)n8 as to i)!Uty's birth, social position wealth, health or cliastity oauuot be set up by othcra to vitiate contract of rnvrriaijo 2, p. 1301, § 710 Fees. See aUo, Costs. of attorneys, see Attorney an'd Clikst, 8. 800 AdcTIO.V.S, 5; BlliiKEUS AN'Ii Factoiis, 4; MnNICIPAl. Corporations. 2; OKFicKas of Cocut. when counsel fees allowed to executor or administra- tor a, p. 1700, § 904 jury may allow the plaintiff reasonable counsel fees in the prosecution of action of defamation 3, p. 2353, § 1303 attorney may make express contract for compensation even where fees are regulated by law 1, p. 344, § 206 right of attorney called as witness in cause to foes 1, p. 231 n, § 149 Fee Simple. See Real Property, 3. Fellow-Servants. who are "fellow-servants" 1, p. B70, § 319 who are not " fellow- servants '' 1, p. 5T7, § 320 Buperior servant having control of inferiors, a " vice-princi- pal" and not a " fellow-servant " 1, p. 530, § 321 servant who has chnrge of construction and repairs of ma- chinery or buildinn;3 or works in mister's absence, not a fellow-servant with one below him 1, p. 583, § 322 servants of different masters not " fellow-servants "..... 1, p. 534, § 323 servant through work and on way home not a fellow-servant with those still at work ....1, p. 530, § 324 60 where servant is at time on private errand of Lis owa and not engaged on master's work 1, p. 587, § 324 sowhcre he is absent from his place even without leave. 1, p. 587, § 324 servant liable personally for injury to fellow-servant. . . 1, p. 504, § 331 servant may maintain action for injury to wifo caused by negligence of fullow-seivaut 2, p. 1332, § 730 Fences. See ANI^UL3, 4. Ferries. rights and liabilities as to 0, p. 4S19, §2957 remedies for interference with. 6, p. 4821, § 293S ferrymen are common carriers 4, p. 3030, § 1792 Figures. sura in bill or note may be stated in figures alone 4, p. 2G07, § 1468 whore discrepancy between written words and figures in margin, former govern 4, p. 2607, § 1468 no objection to deed that description of lands conveyed is in figures and abbreviations 5, p. 3341, § 2285 nSDEK— FIBE. 6553 Finder. See Lost rnorKuxr. Fines. See Municipal ConroitATiONS, 3. Fire. See Insorvnck; iNNKnrpKn; LvN'nT,OT'.T> a:jt> Texavt, 3; PuoxiMAiE and R::iii)tb Cause; Municipal 1-s'« COnPORATIONS, 1. 1. Destruction of Pep.sonaltt by Firn. 2. De^tuuction ok Personalty by IIailuoad3. 8. Miscellaneous Cases. 1. Destntdioii of Pfrnonalt'/ hy Fire. persoa not liable for ilatni^a by acciilental firo 0, p. 2115, § 1334 happening of the fire or dtistruotion of proiieity docs not raise presumption of ne^li;j;ence 3, p. 2-117, § 1354 fire used for mechanical or manufacturing purposes, if nscd carefully and with proper safeguards, no liability at- taches 3. p. 2117, § 1334 carelessly exposing one's property to fire, or carrying on busi- ness so as to render priperty of neighbnr liable to de- struction by fire, anuisance which will beenjoined.3, p. 2-147, § 1334 keeping ashes in wooden barrel contrary to ordinance, not negligence pn- se 3, p. 2148, § 1354 not contributory negligence to erect bouse near defective chimney 3, p. 241S, § 1.134 ase of fire in clearing land; liability for 3. p. 2441), § l.'J.w statutory liability in some stites 3, p. 2451, § 13j6 bailees for hire not responsible for I039 by fire 4, p. 2!)G1, § 1730 borrower not liable for loss or damage caused by firo. . .4, p. 2:)4.">, § 1723 hirer not liable for loss by fire 4, p. 2079, § 1379 2, Deati-uctlon of Pcrsonaltf way 3, p. 215G, § 1300 destruction of proi)erty by fire by railroad engine raises pre- sumption of negligence 3, p. 2138, § 13f51 evidence of other and distinct fires, when admissible 3, p. 2459, § 13G2 contributory negligence of adjoining owner, what is 3, p. 24(51, § 13G3 statutory liability of railroads for causing fires 3, p. 2405, § 1304 lessor liable for injuries by fire by railroad leased 2, p. 9S3, § 549 6554 FIRE — FISH. Fire— (Continued.) not liable for accidental burning of supplies at its stations, which spreads and does dfunayo 2, p. 1000, § 6C2 3. MiiffrllinciiHs (\wK. society for protection of property from fire a charitable institution 3, p. 1133, § G22 slanden on e:igineer of fire department 3, p. 2244, § 1253 ri^lit to destroy property to prevent the spread of fire 5, p. 4353, § 2WJ!); 7, p. CllO, § 3SS4 master, in the absence of a statute, not bound to provide means of escape from a factory ■where firo is not caused by his neglect 1, p. 533, § 302 Firearms. person not liable for injury caused by pistol accidentally going ofT 3, p. 1713, §1013 liability for negligent use of firearms 3, p. 11)S2, § 1145 cue who, in violation of the law, sells revolver to boy, not answerable to parents for boy's carelessly shooting himself 2, p. 1489, § 810 Fireman. See also MuNicirAL Corporations. may sue city for injury through defect in street 1, p. 613, § 294 Fish. See Animals. right to take fish in fresh-water streams belongs to owners of soil under tliein, to exclusion of pulilic 6, p. 4790, § 2938 right may be acquired, distinct from ownership, by grant or prescription 6, p. 4790, § 2938 same rule applies to small lakes and ponds 6, p. 4791, § 2038 not to larger lakes 6, p. 4791, § 2933 public have right to fish in ponds or streams unless forbid- den by notice 6, p. 4791, § 2938 fisherman leaving his boat on shore or tying it to barge not a trespasser 6, p. 4792, § 2938 in tide-waters right to take fish belongs to public, and is common to all 6, p. 4792, § 2939 in some states private persons may obtain exclusive rights of fishery by grant from state, or by prescrip- tion 6, p. 4792. § 2939 person does not get title to fish in nets until they are landed 6, p. 4794, §2939 right to fish is subordinate to right of navigation 6, p. 4792, § 2939 one navigating the water liable for negligent injuries to seines, nets, oyster-beds, etc. , there. 6, p. 4793, § 2939 right of taking shell-Hsh inc'uded in riglit of fishing in tide- waters, whether such shell- fish are imbedded in soil or lie upon surface 6, p. 4793, § 2939 5G2 302 FISH — FIXTUIIES, 6555 Pish— (Continued.) rights of persons planting oysters in navigaMo stream. 6, p. 47!)3, § 'J939; 7, p. 5057, § 3057 state may regulate taking of fish in certain ways or at ■ cr- taiu times 6, p, 479t, § '-'940 Fixtures. fixtures defined 0, p. 4700, § 2890 ■what are 3, p. t.'437, § 1344 tlie dilTurent tests and the status of parties as affecting the question 6, p. 4711, § 2S90 what are Hxtures mixed question of law and fact. . . .6, p. 4711, § 2690 at common law bona fide h(ddcr could not recover for im- provements made by him on land believing he had title 6, p. 4712, §2391 but in action for meanj profits improvomunts miy be re- couped 6, p. 4712, § 2S91 right to improvements under "betterment" and "occupy- ing claimant" laws 6, p. 4712, § 2i91 whe'her erection is or is not a fi.xture, annexation as the test 6. p. 471.*], §2892 removability without injury to the premises as the test.6, p. 4714, § 2893 application or adaptability to the use as the test 6, p. 4714, § 2894 intention as the tes"; 6, p. 4715, § 2895 wrong-doer may lose his pro|.crty by attaching it to real estate. G, p. 4717, § 2S9G materials of third person may be recovered as long as they can be traced 6, p. 4718, § 2SD6 parties, by agreement, may give to buildings on land chnr- acter of personalty or of realty, if rights of third per- son not affecte 1 6, p. 471S, § 2S97 Biich agreement, being one relating to personal property, good by parol 6. p. 4719, § 2897 may be implied from circumstances of case, from relations of parties, or from usage and custom 6, p. 4719, § 2S97 under agreement, lessee may remove building during contin- uance of lease 6, p. 4720, §2897 gas-pipes in streets of cities 6, p. 4720 § 2897 person umler legal disability cannot give consent to erection of building on land e, p. 4721, § 2S97 right to remove fixtures as between heir and executor. .6, p. 4724, § 2893 landlord and tenant 6 ,,_ Al2^, § 2899 vendor and vendee G, p. 4729, § 2900 mortgageor and mortgagee 6, p. 47.3l[ § >2.m\ when buildings are and are not fixtures 6, p. 4734^ § 2902 gas fixtures, gas-pipes and water-pipes 6, p. 4735, § 2903 . when machinery is and is not a fixture 6, p. 4735, § 2904 other things which are and are not fixtuies 6, p. 4742,' § 2905 0556 FOOD— J('0riWAKDEE3. Food. See Wat{rantie9. public caterer liable for injury by unwhoieaome food. .3, p. 1930, § 1143 Foreclosuro. Seo MoinoAors, 9. Foreign Assi^*nrient3. See CoNKLicroP LaW& Foreign Bill. See NkiJOTIABI.K IsSTRUMEJfTS, Foreign Corporations. Sec CoitronATioNS. Foreign Laws. contracts violating foreign laws, when invalid 6, p. 3393, § 2394 Foreign Principal. a^jent of foreign principal is not liable per se on con- tract l,p. 170,3 105 Forfeitures. See Damaoks; Landlord and Tenant, 6; Real Pbopertt, 4. of office, SCO Officers and Offices, 2. of shares of stock in corporation, soo Corporation, 5, of franchise, see Corporatxon, C. Forgery. See rAyMF.NT, 1. bank pays forged or altered check at its peril 3, p. 953, § 534 liability of bank receiving forged notes on deposit 2, p. 9G6, § 536 liability of party to noto or bill where signature is forged 4, p. 2773, § 1593 payment of forged commercial paper 4, p. 2775, § 1398 when drawer liable for money paid on forged or altered in- strument; negligence in filling blanks 4, p. 2790, § ICIO certification of check admits signature of drawer, but does not estop bank from showing forgery in body of paper 3, p. 943, § 531 depositor not required to examine bank-book or vouchers with a view to detection of forgeries of name. . . .3, p. 931, § 623 has a right to assumo that bank before paying checks, will ascertain genuineness of signature 2, p. 931, § 523 for negligently delivering forged dispatches, telegraph com- pany liable for damage sustained 4, p. 3338, § 1959 if shares are transferred upon the stock-book upon forged indorsement or forged power of attorney, real owner not divested of his right as stockholder 1, p. 777, § 4G7 person may ratify forgery of his name 1, p. 37, § 31 Form of Action. See Pleading and rRAcriCE, 2, 14. Forwarders. ordinary care required of forwarders 4, p. 2956, § 1729 Fr^ Frs Fr Fi F; FOURTH OF JULY — FllEIGHT. C557 Fourth of July. Sc(' Xkiiutiablk Instruments, 4. Franchise. See (.'ourORATIONS; Railhoads, 1, Fraud. See False Rf.presentations. of liushaml ami wife, see Husband and Wife, 7. niarriii^'i! prDciiroil liy force, fraud or duress, v(iii]a])le. .2. p. 1301, § 710 marriage ])r()cured by fraud or force cau>e for divorce. .2, (>. \ 14'2, § 7t>7 ec^uity will annul, at suit of either party, juiljiinpnt of di- vorce obtained by fraud 2, p. 142!), § 780; S, p. 1457, § 801 8ubscri})tioiis to stock obtained by fraud or fraudulent rep- resentations are voidable 1, p. 7>')1, § 4r)2 liability of directors for fraud anroper inHuence of one of the parties 5, p. 3SS3, § 2314 fraud or misconduct of insured will prevent recovery on polii;\ , when 5, p. 3558, § 2000 an insurance policy procured by fraud is void 5, p. 34t)G, g 2043 cue who has obtained another's jiroperty by fraud is trustee for him ex malfjicio 4, p. 3426, § 2013 liability of partnership for frauds of jiartner 2, p. 1225, § C50; 2, p. 1227, § G51 Fraudulent Conveyances. See MoKHJAtJEs, 12; Husband and Wife, 7. right of attaching creditor to set sside fraudulent convey- ance 7, p. 5544, § 3567 Fraudulent Representations. See False Hepkesen tations. Freight. See Carriers; Insurance, f. agent who receives freight consigned to him is personally lia- ble for charges 1, p. 178, § 109 otherwiiC where agency is known, and there is no stipulation in bi 1 of lading that coueiguee shall pay freight. . 1, p. 178, § 109 Lawsom R. & R.— 458. 0558 FREIGHT— GARNISHMENT. Freight— (Continued.) iinpliud powers of freight agont l. p. HG, § 76 Fruit and Vegetables. See Ai-CEssIon; T11EK.S. vejjf tables when severed from ({round are chattels 3, p. 2443, § 1350 wild lierry when picked is a chattel 3, p. 'J t4.l, § 1 3')0 fruit as chattels 3, p. i2413, § 1350 where fruit Mows or falls from trees, or l()f,'s or other prop- erty carried hy HckmI on another's property, lirst own- er may abandon it without being liable for daniauo it does 3, p. 23SC, § 1310 Fund. compensation of attorney out of fund in court when al- lowed 1, p. 332, §201 Funeral. See Burials. » Gaming. See also WaokrS. premises kept for gaming purposes may not be insured . 5, p. 3490, § 2043 Games. persons using highway for games or sports liable for in- juries to travelers 3, p. 2037, § 11C4 contributory negligence of child using highway for games or sport 3, p. 2051, § 1170 Garnishment. * See also Attachmknt. garnishment defined; called trustee process and factorizing in some states 7, p. 5.")70, § 3590 equity has no jurisdiction in 7, p. 5570, § 3590 a statutory remedy; statutory forms must be followed 7, p. 5570, § 3591 process cannot be aided or expedited by garnishee 7, p. 5571, § 3591 garnishee cannot waive service of proceedings required by law 7, p. €>:71, § 3591 aflBdavit defective, voluntary appearance by defendant does not waive defect or give jurisdiction 7, p. 5571, § 3591 garnishment is a "suit" within the statutes, and plaiutilf has all rights of ordinary plaintiff. 7, p. 5571, § 3592 process may be served upon garnishee without notice to principal defendant 7, p. 5571, § 3592 defendant to original suit under no obligation to defend. 7, p. 5571, § 3592 death of plaintiff before judgment against garnishee does not rsnder judgment void 7, p. 5572, § 3592 form of execution against garnishee 7, p. 5572, § 3592 no lien on debt acquired by garnishment 7, p. 5572, § 3593 who may be garnished — corporations 7, p. 5573, § 3594 non-residents 7, p. 5574, § 3595 judgment debtors 1 7, p. 5575, § 3596 GARNISHMENT. C5o9 Garnishment -(Continued.) executor., a.lrninistrators anJ guar.lians 7. p. n.-;-.. ? mi .hc.n,U a,.a oHicer. of court 7, .. ,,;,. ,, ,^ att,,r..ey«.at.law-jU8tico of the peace 7. p. .-,:,*). § ;{.;„0 state. au,l state o(ii.ers-nuuuoipal corporation., 7 .. .-.SSO ' mn garoLsLee must bo a " thinl pernou " 7, ,, - - y. s ..joo.. one of several ilLfcn.lants cannot be helda8garniHl...e of .„|.. ' ' ' ■ 7, 1 1, .''ti'2, S 3(ii i'» . nor agent for money of principal in his hands 7, v X.s" i •jGiv' trespasser in possos.ion of another's goods cannot be . L.r.'ed "' ' ' " as garnislieo ~ ^ .... ..,,.,, common carrier not subject to garni.hm'Jnt "foVgo.'ds'in "' " ^ * "' actual transit 7. p. TmS.^ S .-.Ou;, property outs.de state cannot be garnished 7, p. S.iS.S, S Hm holder of a gratuitous gift of mouey cannot be held trustee by donor's creditor 7 .. ,.,.,^ j. ,,.,,, money in hands of person wrongfully 7, ,,. 5,-,,s;{ ^ .i,t„.j wite may be charged as trustee of laisbaiid 7 j, ;-,.-)S4' § 'Hm trustee not chargeable for m.^neysdue under illeg.il sale 7,' p. 5r.S4' § 3G03 garnishee must have personal property of defendant subject to execution ~ . ,.„, o n,.n. or defendant must have a cause of action against him. .7, i.. 5.-.8r> «i inm real estate not garnishable 7. p. 558!); § 3C()G proper y must be ,n possession of garnishee 7. p. 5589, § 3607 property must be that of defendant absolutely; trust r.ri /"r'':""';'", 7, p. 5589, § 3C08 privity of interest and contract between defendant and gar- Dishee necessary 7, p. 5591, § 3609 plamtiff acquires only rights of defendant a-'ainst gar- .,, "f^^ • •- 7, p. 5.591. §3610 what defenses may and must garnishee set up 7, p. gjyo § 3(jn plaintiff's rights subject to pre-existing contracts of gar- ,ff , °''^^^-. : 7, p. 5.19.3, § 3612 effect of previous assignment of property 7, p. 55;,5, § 3^,3 p edged or mortgaged property 7^ j,. ^-,jj^ g 3^,^^ plaintiff s right against garnishee exists only as long as his right against defendant 7 p 5597^ g ggjg judgment against defendant necessary before judgmpnt against garnishee 7, p. 5597, § 3616 garnishment not retroactive; nor can it reach subsequent l'*^'"*'«« 7. p. 5598. § 3617 fluccessive or several garnishments; priority 7, p. 5599, § 3618 several defendants and several garnishees 7, p. 5599 § 3519 garnishee's liabUity to defendant must be affirmatively ,., '^"7 :;•: 7, p. 56oo. § 3620 debt must be payable in money 7^ p 5501^ § 3521 6560 GARNISHMENl — GA3. Garnishment— (Continued .) must not ilejiend on contingency 7, p. debt must not be due or payal)le in future 7, p. negotialile paper cannot be garnished; exception 7, p. inttrrogatories to garnishee 7, p. judgment by default against garnishee 7, p. garnisliee may except to interrogat.rie? 7, p. or he may answer; requisites of answer 7, p. neeil not conform to technical rules of pleading 7, p. what uarnisliee not required to answer 7, p. garnishee's answer may be amended 7, p. garnishee's a< swer not conclusive . . 7, p. declarations of garnishee to disprove answer when admis- sible 7, p. garnishee, when liable for costs and when entitled to. .7, p. garnishee, wlien liable for interest 7, p. agreements and payments between garnishee and defendant after service 7, p. set-off by garnishee, when allowed 7, p. pebdency of a suit by the defendant against garnishee no bar 7, p. judgment against garnishee a bar to suit by the defend- ant 7, p. attorney liable as garnishee of cl ent, when 1, p. answer and admission of one partner in garnisliment will bind other 2, p. Gab. See also Negligence. power of citj' as to gas and water pipes 7, p. gas works, when a nuisance 6, p. gas companies are not public corpomtions 2, j). who may engage in business of furiii hing gas 2, p. organization of coip, u'lO!), 51)10, 5(111, 5011, SOU, § 3G22 § m-2i § 3G'.'5 § 8GJ6 § 3G27 § .3l!2S § 3(1-29 § 3(;30 § 3031 § 3032 5G13, §30.33 5013, §3034 5014, § 3034 5014. §3035 5010, § 3036 5017, § 3G37 5017, §.3G3S 3U0, § 179 1225, § 64S G272, § 4000 4S70, § 3001 1015, § 570 101.-., § lOIG. § 1010, § 101 (i, § 1017, § 570 570 570 571 572 1010, § 572 1021, § 573 1022, § 574 1023, § 576 1023, § 575 1029, § 577 1031. § 578 1033, § 579 1033, § 579 GAS— GIFTS. 6561 Gas— (Continued.) gas company liable for carelessness of person who, though formerly an agent of tlie company, is no longer such, but is permitted by company to let on gas when eon- sumer re.,..csts it i ,3. 513 § 294 Gas Companies. .See (iAs; Monopolies. Gas Pipes. See KlXTlTIiES. General Agent. •See ri.iNciPAL AND Agent. General Average. ■See l.NsuKANCK, f; Siiirs and Sirrpixo. Gifts. See Attorney and Client, 7, 1. IxTEii Vivos. 2. CaCSA AloHTIS. 1. (jlifls inter vivos. gift inter vicvs defined 3^ p_ 0400, § 1304 any corporal niovable may be subject of gift 3,' p. 2400,' § 1325 burden of proof of gift of chattel ia on claimant 3^ p. 2400,' § 1324 subject-matter of gift must be certain, delinite and capable . , «;d«"very 3, p. 2401, § 1326 inter-led donee must be in existence at time .3, p. 2401, § 1326 on question of gift, donor may testify to his intent. . . .3,' p. 2401,' § 1326 promise to make gift not enforceable, for it may be revoked by promisor at any time 3^ p. 2401, § 1327 intention to make gift unavailing until it is carried out.. 3,' p. 2401^ § 1327 gift of chattel to take etleet in future not enforceable. .3, p. 2402,' § 1.327 promises in domestic relations enf(,.ced in e(iuity 3, p. 24U2 § 1327 voluutary .subscription for charitable j- ;,oses may be en-' , ^"'""'i: 3, p. 2402, § 1327 where condition annexed to gift, it must be performed or it will revert to donor 3, p. 2404, ^ 328 delivery essential to gift; what is and is not a valid deliv- .,, ^""^ • 3, p. 2403, §1329 gift ;.,ay be presumed from delivery. 3, p. 2107, § 1329; 3, p. 2428, § 1336 acceptance necessary to validity of gift 3^ p_ 0413' § 1330 a.ceptance of gift by donee presumed 3' p[ 04^3' § 233Q gift once perfected by delivery irrevocable, and divests tlie " title of donor, his administrator and creditors . . .3, p. 2414, § 1331 consideration not necessary to valid gift 3' p. 2414' § 1331 gift of produce or interest of fund without limitation is j-'ift " of the fund itself 3 p 0414^ § 133J gift of personal property for life with absolute power of dis- posing amounts to an absolute gift of it, and re- mainder over to another of what is left, is void. .3, p. 2414, § 1331 6562 GIFTS — GOLD. Gifts— (Continued.) remainder over after an estate for life, with only the use of the property during that time, ia good 3, p. 241 4, § 1 331 gifts between parent and child not favored 3, p. 1524, § 838 husband may make gifts and present to wife 2, p. 1313, § 716 power of corporation to give away its property 1, p. 675, § 403 present by master to servant not to be deducted from his M'agfcs 1, p. 467, § 266 2. Oifls Causa Mortis. what is a donatio causa mortis 3, p. 2415, § 1332 must be made in expectation of death 3, p. 2415, § 1332 invalid testamentary disposition will not be supported as valid gift m?Mrt ntortis 3, p. 2416, § 1332 inefifectual gift inter vivos will not be supported as a gift causa mortis 3, p. 2416, § 1332 gifts causa mortis are not favored by courts, and are required to be strictly proved 3, p. 2416, § 1332; 3, p. 242S, § 1337 are on condition that gift shall be absolute only in case of donor's death, and shall be revocable during his life n p "-117, § 1333 if donor recover from his illness, or if he resume the posses- sion of gift, it will be defeated 3, p. 2417, § 1333 what property may and may not be the subject of 3, p. 2418, § 1334 delivery of property essential; what is and what is not a valid delivery 3, p. 2419, § 1335 acceptance of donation necessary 3, p. 2427, § 1336 gift causa mortis does not require witnesses 3, p. 24JS, § 1337 no limitation to amount of property one may so dispose.. 3, p. 2428, § 1337 married woman's gifts causa mortis not limited by statutory limit as to the amount of property she may leave by will 3, p. 2428, § 1337 title to gift causa mortis passes by delivery, defeiisable oidy in lifetime of donor 3, p. 2428, § 1337 donatio causa mortis becomes valid only upon decease of donor 3, p. 2428, § 1337 if will ia made after a donttin causa mortis, donatio is set aside 3, p. 2423, § 1337 Qood-Will. deHned 2, p. 1270, § 685 rights of partners in good-will of business 2, p. 1271, § 685 rights of purchasers of 2, p. 1271, § 686 duties of vendor of 2. p. 1272, § 687 contracts for sale of good-will of business, when sijecifically enforced by equity 5, p. 4261, § 2507 good- will of business personal property 3, p. 2445, § 1353 Gold. See Mines and Mining; Monet. GOVERNOR — GUARDIAN AND WARD. 6563 266 Governor. See KxECCTiVE; Constitutional Law. absolute privilege for slanderous words extends to the presi- dent of the United States, and governors of different states 3, p. 2307, § 1282 Orain. See Crops. Grand Jury. See Jury. Grant. to corporations, see Cokporatioxs, 1; Railroads, 2; PrBLic Grants. Gratuitous Services. See Bailments; Consideration; Master and Servant, 1. Guardian and Ward. aa to guardian's bonds, see Suretyship and Guaranty; Pa- rent AND Child, 5. 1. Different kinds of Guardians. 2. Appointment of Gu^vrdians; Termination of Guardian- ship. 3. Powers, Duties and Liabilities of Guardian. 4. Suits by Ward against Guardian; bv Guardian against Ward. 1. Different Kinds of Guardians. guardian defined 2, p. l.'i.14, § 841 guardian by nature and nurture 2, p. 15.34, § 842 office belongs to father and then to mother 2, p. lo.'U, § 842 authority of 2, p. 15:55, § 842 guardian in socage 2, p. 15.35, § 843 testamentary guardians; whc may be 2, p. 15^6, § 844 supersede other guardians 2, p. 1 5.SG, § 844 mode of ai^pointment of 2, p. 1536, § 844 who may appoint 2, p. 1 537, § 844 guardianship in chancery 2, p. 1538, § 845 probate guardianship; jurisdiction of courts of probate to ap- point guardians 2, p. 1538, § 846 guardian by appointment of infant 2, p. 1 540, § 847 mode of appointment 2, p. 1541, § 847 guardians of lunatics, drunkards and spendthrifts 2, \>. 1541, § 848 guardians of married woman 2, p. 1548, § 849 guardians of poor ,2, p. 1548, § 850 guardians of fund during judicial controversy 2, p. 1548, § 850 guardians ad litem 2, p. 1527, § 840; 2, p. 1548, § 851 2. Appointmrnt of (Utardian, Termination of Guardianship. territorial jurisdiction of court to appoint 2, p. 1549, § 852 letters obtained in the wrong county, are null and void, and may be collaterally impeached 2, p. 1549, § 852 ^?' 65G4 GUARDIAN AND WARD. Guardian rnd Ward— (Continued.) when non-resident has property in diCFerent counties. . .2, p. who may be appointed yuardiaus 2, p. infants 2, p. discretion of court in selecting guardian not revertaUo an appeal 2, p. second appointment of same person void 2, p. parents of children have lirat right 2, p. rights of relatives 2, p. married women not generally ai)pointed guardians 2, p. non-n sidents will not be appointed guardians 2, p. mode of appointment of probate guardians 2, p. letters of guardianship cannot be culiaterally at acked.2, p. termination of guardianship — by ellluxion of time,... 2, p. by death of ward 2, p. by marriage of ward 2, p. by death of guardian 2, p. by resignation of guardian 2, p. removal of guardian for cause 2, p. what is and is not "good cause" for removing guardian. 2, p. 3. Powers, Duties and Liabilitifs <)/* Guardian. guardian is of both person and property of ward 2, p joint guardians, rights and liabilities of 2, p. liability of guardian who is also executor 2, p. quasi guardian is one who takes hold of ward's ail'airs without an appointment 2, p. or where appointment was without jurisdiction 2, p. or who holds on after authority has legally ceased. ...2, p. such a person quasi guardian, liable as a trustee 2, p. right of guardian to custody of ward 2, p. to change his domicile 2, p. to services of ward 2, p. to sue for injuries to ward 2, p. powers and duties of guardian — in management of ward's estate 2, pp. 1 501 - to sue and arbitrate 2, p. to sell ward's realty 2, pp. 1 507- practice: proceedings by guardian to sell ward's realty.. 2, p. when guardian's sale void 2, p. duty of guanlian to render accounts 2, p. annual accounts not conclusive 2, p. aliter as to final accounts 2, p. requisites of linal accounts 2, p. settlements with wards, how construed 2, p. liabiliiies of guardian; must act with diligence 2, p. liable for negligence by which estate sull'crs 2, p. not responsible for money stolen from him 2, p. 1549, § 852 1550, § 853 14;.'6, § 824 1.-50, § 854 15,-)0, § 854 1551, § 854 1551, § 854 15.-.'_', § 855 1552, § 855 155:{, § 85G 1553, § 8:7 1554, § 858 1554, § 859 1554, § 800 1555, § 801 155>, § 802 1550, § 803 1550, § 8G4 1558, § 805 J55S, § 806 1559, § 807 1500, § 808 15(i0, § 808 1500, § 808 1500, § 808 1. 00, § 809 1500, § 870 1501, § 871 1501, § 871 15(15, § 872 1505, § 873 1571, § 874 1509, § 874 1570, § 874 1571, § 875 1572, § 875 1572, § 875 1573, § 875 1574, § 875 1575, § 876 1575, § 876 1575, § 876 § 852 ] 824 GUARDIAN AND WAItD. (J^Q^ Guardian and Ward-(Continue.l.) nor for loans on bad security o i --p « - l.ab:hty of yua.diau for fa.l,„. to collect deUs due Z' ' ' '' rate miiifiling trust money \vitli 'his „ wn '.".'. o' !'' !'-^' ^ f!^ lial.il.ty for money d.-posited in bank wl.id; fa;;;.'.;: 's' ^ ^7 ' S" ■ for receiving paper whi.h afterward depreciates .... .2, u J ',:o t g'fi not liable for tort of his ward J ' -1 ' ^ ^'^ nor for mcmey paid to hi.n as s„eh by n.i;;ak;;hJn.'he h 's ^ '"' paid It over to the ward before notice 2 u nrs S «-r nor for failing to injure a farmhouse 2 ' irs' f ^-r nor for an error of judgment 2 --V «-, guardi^ liable on contracts made by him' }<:; wL^d^J W '^ ' nt when not personally liaV.Ie'. '.'.". g '' ! -^',' ! fj. guardian not parent of the ward. not'LLiiged i^^upp^i-t hiu' '" ^ from his own purse 2 i -cq « not liable on the wards contract^; ;;;;;f.:; i;;:;;,;.;;; t !;• fJ ! !il guardian is presumed to supply his ward .Uh :":::.ij:- '"''' ^ ''' person supplying them must contract with the .'uar- dian. and not with ward o „ ,-«, „ „.,„ Where headvances money for support and ed^'eLuon of'.^i-J ' ^ '' he IS entitled to reimbursement from estate 2 n' 1383 S 8"^ ^ardian cannot recover against ward for board when. .2, . .4 ' right ot guardian to recover for support of M-ard 2 n 15^ S 8^S guardian has discretion in making expenditures for suppo.t of ward , ' must not spend mor;'Vhan' 'in^;;;;' without' 'onler 'of ^'^'' ^ ^"^ court order in which ward';'pi;iJrtysh;uid'b;'exp;;ided: in hi^' '"''' ^ ^'' support and maintenance o, ,-07 „ ^-^ transactions between guard.an and ward s'c'rutinize'd;' ../aj.' ' ^ ' dian a trustee o sales of property by guardian to' wJr'd.' .'.'■■.' o' ''' -,,,' ^ f JJ gifts of property by guardian to war.l .' o' ' '^'t ,^ ^l; profits of transaction belong to ward.. . . o, -,.,7 J Jl"^ ward may. after coming of age, r.tify void;b'i; 'ac'tl of '.u'ai- ' dian " duty of guardian to file inv-enti.ry g *' 1 1^^.".' ^ ^^^ compensation of guardian, measure of 2u l.''n ^ f 7 when guardian not entitled to compensation ...!." "2' u' mii l sS appellate court will not review finding of referee as 'to the commission aHowed guardian 3 ,, ^jn- „ o„ attorneyat law. guardian of minors, can charge wa'r'ds for professional services j 000 rights and liabilities of guardian of'appreuti'c"e!.'.*.'.'.'l,' p.'iU'y, gj'03;^ ij^ 6566 GUARDIAN AND "WARD — HEIRLOOMS. Ouardian and Ward— (Continued.) 4. HuitH by Ward ai/oinst Ounrdian; b;/ Gnnrdicn against Word. actiou of account lies by ward against guardian after expira- tion of guardianship 2, p. 1C05, § 888 during guardianship bill in equity lies 2, p. 1005, § 888 statutory methods of calling guardian to account 2, p. IGuG, § 888 actiou to recover money due infant must be brought in the name of the infant by guardian 2, p. 160G, § 888 guardian of infant appointed by probate court not trustee of express trust 2, p. 160G n, § 888 guardian estopped from denying legality of his appi)intment where he has accepted otiice 2, p. 1006, § 888 ward may sue guardian for assault and battery 2, p. 1G06, § 8S8 ward may, through prochein ami, maintain bill to set aside an unlawful conveyance by guardian 2, p. 160G, § 888 after ward becomes of age, cause of action is then complete, and must bring suit within the time limited by statute 2, p. IGOG, § 888 assumpilt not maintainable by ward agnnst guardian. .2, p. 16U6, § 888 a ward may file bill to recover part of his estate when guar- dian and sureties are insidvent 2, p. 1G06, § 888 ward of age may sue guardian on bond for failure to pay over money without obtaining his removal 2, p. 1G07, § 888 curator, before final settlement, cannot be sued by ward for money had and received 2, p. 1007, § 888 in bill by infants against guardian for account and payment the court may appoint a receiver to collect 2, p. 1C07, § 888 to compel filing of deceased guardian's account new guar- dian must be appointed 2, p. 1007, § 888 until reh-vtion of guardian ami ward determined, no action accrues to guardian against ward for advances. .2, p. 1G07, § 888 action for money had and received may be maintained by former guardian against ward when 2, p. 1G07, § 888 Gunpowder. See Neglioence, 1, Habeas Corpus. party refusing to surrender custody of infant child may be ordered in habeas corpus 2, p. 1482, § 817 Hackmen. hackmen and cab-drivers are common carriers 4, p. 30S2, § 1792 liV .. uaj is must be kept in safe condition 3, p. 2006, § 1 152 ;-«"> ' ;■ y«T iTiTTioNAL Law, 9; Disease; Municipal Cob- KATIOXy, 1, 3. Heirlooms. Bee Keal Property, 1. 8S8 HIGHWAYS— HORSES. 65G7 Highways. See Municipal Corporations, 3, 4; Negligence, 3; Rail. P.OADS, 2, 3. person not able to use highway may pass over arljoining 1- ut/T''""",: 6, p. 43o'l, § 2f;69 liability for ne;,'ligence, driving cattle on h^gliway 3, p. 2jl7, § 1392 excavation on one's land near higiiway, liability for injury caused by 3 p 2023, § 1157 leaving or maintaining object on highway which fright.ns horses, liability for 3 „ oq33_ § 1 j 03 railroad has no right to use street for freight-yard 2,' p. 1001,' § 5G3 liability for injury caused by obsUuoting streets by *'■''''"'' 3, p. 20G4, § 1177 excavation m public streets, liability for injury caused .^7'''\ 3, p. 202o, § 1 1 5S permissible obstructions in streets: buil.ling materials. 3, p. 203.-,, § nci storage of goods 3, p. 203.-,', § 1101 railroad cars 3, p. 20.3.-,, § 1 161 "•^"'^ 3, p. 21)30, §11(;4 ■wagons unloa])an.l to wife to si-cure moneys lent to him by wife from her separate estate, _ „ I'f''^-- 2,p. 1393,§ 758 Horse Railroads. See Railkoad.s. are common carriers 4, p. 3082, § 1792 Horses. See Animals. as to injuries caused by, see Negligence, 3; Contkibi;. TORY NeoLIGKNCE. as to injuries by railroads, see Negligence, 4. horses subject of property 3^ p 2472, § 1366 rights and liabilities of owner of horse entered at horse- ^^ 3, p. 2480, § 1373 6568 HORSES — HUSBAND AND 'WrFB. f Horses— (Continued. ) implied power (»f agent to hire horses 1, p. 105, § 69 oue uot liable who drives against aiK^tliur by gottiiij^ on wrong side of road in dark night 3, p. 171S, § 1013 or by pulling wrong rein by mistake 3. p. 1718, § 1013 one is not liable for injury tauaed by his horse running away without his fault 3, p. 1718, § 1013 leaving or maintaining object on highway wiiich frightens horses, liability for 3, p. 2033, § 1163 Hospital. charity not liable for negligence of its agents, as surgeons in hospital 3, p. 1135, § 623 inmatt'S of county hospital not servants of superiiilcndiait, and he is not responsible for thoir acts 1, p. 513, § 294 "hospitals," construction of 2, p. 1177, § 633 Hotchpot. taking advancement into hotchpot 2, p. 1524, § 837 Hours. See TniK. Hunting. person not justified in entering land of another against his will for the purpose of fox-hunting 3, p. 1815, § 1056 Husband and Wife. See Divorce; Criminal Conversation; Intoxicatino Liquors; Wills. 1. The Agreement to Marry. 2. The Contract of Marriage. 3. Eights, Duties and Disabilities op Husband and Wife. 4. Liabilities of Husband. 6. Disabilities of Wife. 6. Mai^iage Settlfments. 7. Fraudulent Conveyances. 8. Dissolution of Marriage by Death. 9. Dower. 1. The Acjre.rmmt to Mari-y. promise to marry must be mutual 2, p. ITS?, § 695 bleach of agreement gives right of action to either party .2, p. 1287, § 695 action for breach of promise of marriage does not survive to personal representati'-e ..S, p. 1287, § 695 cannot be prosecuted after death of defendant 2, p. 1287, § 695 abatea upon marriage of parties 2, p. 1283, § 695 engagement to marry not within statute of frauds unless not to be performed within a year 2, p. 1288, § 695 woman engaged to man has insurable interest in his life. 2, p. r.'88, § 695 express promise not essential; promise may be implied. .2, p. 1288, '} 696 at what time contract to marry must be performed 2, p. 121)0, § 697 what is a refusal to perform 2, p. 12^0, § 697 HUSBAND AND WIFE. GoUD Husband and "Wife— (Continued.) iu whiit cases iirtiuiise to marry not enforccfiblo H, p. 1201, § 698 dtfenes to action 2, p. l'2i)2, § G!)0; 2, p. 14'.»'J, § 828 measure of damages ia actions for breucli of promise . ..2, p. l"J'.i3, § 700 jury jiulges of amount of damages 2, p. liiO.J, § 700 exemplary damages recoverable in action for breacii of promise 2, p. 12:)4, § 700 evidence admissible in aggravation of damages 2, p. l'J!(4, § 701 evidence admissible in mitigation of damages 2, p. l'2'Ji, § 701 2. T/ie Contract of Maniofje, marriage detined; nature of the contract 2, p. 1C9G, § 702 capacity of parties to contract man iage 2, p. 12',l(i, § 703 consanguinity and alliiiity as an inipeiliment to marriage. 2, p. 12'Jo, § 704 race, color, rank, religion, as an iuipediment to mar- riage 2, p. 1297, § 705 physical incapacity as an impedinunt to inarrriage 2, j). 1"J97, § 7U6 deaf, duml), or blind persons not incapable of marrying 2, p. 1297, § 706 lunatic not competent to make contract of marriage. ...2, p. 12:>S, § 707 drunkard not competent to make contract of marriage. .2, p. 1298, § 707 infant's contract of marriage; valid at what age 2, p. 12!)S, § 708 previous marriage undissolved, secoiid marriage void. . .2, p. V2'J9, § 709 validity of marriage, when divorced person prohibited from marrying again 2, p. 1?,00, § 709 marriage procured by force, fraud or duress voidable.. ..2, p. i:?()l, § 710 so where solemnized without consent of parties .2, p. loOl, § 710 fraudulent representations as tojiarty's birth, social ji isition, wealth, health, or chastity, cannot be set up by other to vitiate contract of marriage 2, p. 1301, § 710 mnrrage entoed into by mistake or in j<.'st not binding. 2, p. i;J02, § 710 the marria^ie ceremony; no particular form or solemnity re- quired at common law 2, p. 1304, § 711 contract to marry per verba dcfutnrn f.illowed by calial)ita- tion, valid marriage at common law 2, p. 1304, § 711 proof of marriage by general reputation 2, p. 130"), § 711 person cannot be married by a{;ent 1, p. 2-), § 25 statutory requisites to ceremony of marriage 2, p. 1307, § 712 directory: marriage not void when tliey are not fol- lowed 2, p. 1.308, § 712 consent of parents or guardian 2, p. 13C8, § 713; 2, p. lo3l, § 730 marriage of principal dissolves agency 1, p. <>(>, § 60 but marriage of agent does not 1, p. 63, § 50 marriage of a funa sole, party to arbitration, revokes arbi- trator's authority 6, p. 5332, § 33G1 on marriage of female lessee, term is transferred to hus- band 6, p. 4G50, § 2846 dissolution of partnership by marriage of female partner or marriage between partners 2, p. 1241, § 671 0570 HUSBAND AND WIFE. Husband and Wife— (Continued.) tuiiuiiiatiou of guardiansliii), by marriage of ward 2, p. ellect of marriage on wills of hualjand and wife 2, p. marriage of infant child works emancipation 2, p. trusts for married women 4, p. action will not lie for false representations to justice of peace whereby he was induced to marry an infant and was tineil therefor 3, p. contracts ia restraint of marriage are void 6, p. conditions in restraint of marriage in gifts or wills are void if unreasonable 8, p. marriage brokerage contracts are void 5, p. conditions in general restraint of marriage are void 6, p. charter for mutual marriage benefit association refused. . 1, p. 3. Rhjlits, Ditlkii and Dimbitilies of Husband and Wife, See also Okiminal Conveksatios. husband head of household 2, p. right of hus'iand to establish and change domicile 2, p. action by husband against person enticing or harboring wife 2, p. 1310. § 714; 2, p. 13;V_', § 730; 3, p. may use force to prevent anoth^ r from taking wife away . 2, p. no right to punish wife 2, p. duty of husband to support wife 2, p. duty of wife to live with husband 2, p. to render family services in return for support, ..... 2, p. wife may sue for loss of society of husbaml 2, p. 1312, § 715; 3, p. widow not "legal heir " of her deceased husband 2, p. wife is not a " relation " within meaning of statute. . . .2, p. contracts between husband and wife invalid at law. , . .2, p. husband may convey to trustee for benefit of wife 2, p. in equity wife may contract with husband as to separate property 2, p. may make gifts and presents to wife 2, p. And see Post, 7. may give a promissory note to his wife for consideration . 2, p. may hold land in trust for wife 2, p. etjuity: man may sue his wife, or wife her husbnud 2, p. by statute husband and wife may sue or be sue 1 2, p. negligence of husband not imputed to wife 2, p. action by husband against railroad for loss of services of wife caused by injury to her survives his death 2, p. similar action against town by 2, p. action may be maintained by husband against druggist who sells laudanum as beverage to wife 2, p. husband may sue for injury to wife depriving him of her serv- ices 3, p. 1554 § 853 13'J8 § 702 152(5 § 839 3373, §1978 1716, §1012 4045, § 2425 4045, §2426 404i), § 2427 4510, § 2767 COO «, § 333 1310, § 714 1310, § 714 1917, §1105 1311, § 714 1311, § 714 1311, § 714 1312, § 715 1312, § 715 1917, §1105 1312, § 715 1312, § 715 1313, § 716 1313, § 716 1313, § 716 1313, § 716 1313, § 716 1313, § 716 1313, § 716 1313, § 716 1314, § 716 1332, § 730 1333, § 730 1332, § 730 1917, §1105 HUSBAND AND WIFE. 6571 fiuBband and Wife— (Continued.) Bervttut may maintain action for injury to wife caused by negligence of fellow-servant 2, p. 1332, § 730 husband cannot sue for conversion of wife's property . ..3, p. 133J, § 730 for injuries to person or character of wife, husband an, § 2;JG7 married woman not generally api)ninted guardian 2, p. lo.Vi, § 833 may become stockholders in corporations 1, p. GIO, § 343 may execute power without husband's consent 6, p. 44S1, ^ 2750 power of married woman to assume payment of mort- g-'ige 6, 11. mi?, §3043 when married woman may sue for libel 3, p. 2375, § 1307 married woman's gifts causa mortis not limited by statu- tory limit as to the amount of property .she m ly leave '^y will 3, p 2428, § 1337 4. LinhilHies of Husband, husband liable for wife's ante-nuptial contracts and ^ebts 2, p. 1316, § 718 liability ceases on death of wife 2, p. 1316, § 718 if wife survives husband she becomes again personally lii^We 2, p. 1316, § 718 rule altered bj statute 2, p. 1317, § 718 marriage extinguishes all debts between the parties 2, p. 1317, § 719 power of wife to bind husband 2, p. 1317, § 719 authority extends to all domestic matters and supplies. 3, p. 1317, § 719 authority extends to reputed wife, thoUgh not actually married... 2, p. 1317, § 719 authority of wife in business matters 2, p. 1318, § 719 to sell property of husband 2, d. 1318, § 719 to lease property of husband 2, p. 1318, § 719 to give license to enter on land of husband 2, p. 1318, § 719 to accept delivery or possession in for husband 2, p. 1318, § 719 wife may bind husband for necessaries 2, p. 1319, § 720 what are and are not "necessaries" 2, p. 1319, § 720 "gas" not a necessary 2, p. 1032, § 579 liability of wife's separate estate by statute for neces- saries,... 2, p. 1380, § 752 authority of wife during husband's absence 2, p. 1320, § 721 husband may revoke authority 2, p. 1321, § 722 notice to third party necessary 2, p. 1322, § 722 6572 HUSBAND AND WIFE. Husband and Wife— (Cnntimied.) hiisl.jin.l iii.iy ratify wifu's acta 2, 13'2'2, § 722; 2, p. 1327, § 728 auth rity of wife arining from nncessity 2, p. i:{22, § 723 hush.'niil failiii,' to pruvido for wifu 2, [>. l.'{22, § 723 huiW.ind (lt'st;rtini{ or expelliiij^ wifo 2, p. 1322, § 724 dosurtud wifo may acipiiro pnipeity, and contr(»l it and lier person, and may he sued a»/<'»i»' xoln 2, p. 1323, § 724 husband not liable when the wife di'serta him without cause 2, p. 1323, § 725 husband not liable when wifo ia supplied by him with a Bulhci.nt allowance 2, p. 1324, § 726 husband not liable where divorce has been granted. ..2, p. 132j, § 726 husband nut liable when credit was given to wi ah.ne 2, p. 132(5, § 727 liability of husband for torts of wife 2, p. ll>23, § 729 husband lialile in replevin fur wife's uidawful detention of another's chattels under claim of title 2, p. 1329, § 729 not liable for the slanders uttered by his wife when not present 2, p. 1329, § 729 liable in trespass for an act done after the marriage by an animal which at time uf marria.;e belonged to the wife 2, p. 1329, § 729 not liable for wife's false representations 2, p. 1329, § 729 retainer by wife to obtain divorce wdl not be presumed to have been at husband's re(iuest, so as to render him liable to pay attorney 1, p. 330, § 202 6. Dhnhililie.H of ]VI/e. earnings of wife belong to husband 2, p. 1334, § 731 riyht of wife to earnings by statute 2, p. 1373, § 750 for earnings of wife, husband must sue alone 2, p. 1335 § 731 when wife may be entitled to her earnings 2, p. 1335, § 731 personal property iu wife's possession presumed to belong to husband 2, p. 1337, § 732 right of husband to wife's pursoual property in p( -ses- sion . ^ p. 1336, § 733 right of hu-band to wife's p'-rsonal property not in pc ^ses- sion 2, p. 1337, § 733 right of husband to wife's personal choses in action 2, p. 1337, § 733 damages recovered in an action by husband and wife for personal injuries to wife are property of husband. 2, p. 1339, § 733 choses in action acoru ng to wife during coverture, husband may sue alone 2, p. 1339, § 733 for her ante-nuptial choses he must join wife in suit. . . .2, p. 1239, § 733 vrhat are choses in action 2, p. 1 3.i9, § 734 choses in action must be reduced into possession by hus- band 2, p. 1337, § 733 what constitutes reduction into possession 2, p. 1329, § 735 HUSBAND AND WIFE. 0o73 Husband ond Wifo-(Continn((l.) assijiuiuut wilhnut co.,si.k.rati„n of wife's c'ios-^h ir. nrtion «lnc>,n..tt:ikoaw;.yn.;l,t8of wifo o. ,,. nil.8 7;!,-) w. 8 equity to a «ettlc.„...„t g ,,,,, ^ -,, nylit of l.iiilKu, I to wifu'8 chattd.i real 3 p l.'MO § 7'i7 riylitoflu,«lun.ltowifo'«.ro;a estate g' ,,' yUii ^ 7*Hi tenancy by the curtesy a.'p.li.M.'g 7G0 p..Her.,flm«l,ai.,lt„conv,.y wife's real estate S i. l.'US § 71J Btatutory mode of convey in-j wife's lan.U 2,, ] ;}.,.,' jj 740 hu..l.an.l ami wife must join .S,' p l.-n:.,' § 740 separate examinathm of wife o ,, jj^j ^ -4, tenancy by entir.ty. what is ' ^^ ' ''':il'':'2. p! 1 Im, § 741' separate estate of wife in erpiity 3, ,, 1337^ g 7^3 What words m instrument sullicient to create a separate , ."•^t-'to... 2, p. 13.-0, § 744 restraint on anticipation of wife's separate estate 2, p. i;r;2 § 745 wife's statutory separate estate 2^' j,. 13J0' g 74(. married woman not bound by her contract at'comnlon ... ''^.^^••••: 2, p. inCl, § 747 aiuer in equity, married woman bound 2, p. 1. •!(](>, § 748 power of wife to bind her statutory scpruatc estate. . . .2, p. l.'}(iS,' § 74y rights and liabilities of wife as a separate trader 2, p. ];J7.j' § 751 husband ami wife as partners under statute 2, p. 1370,' § 751 liability of wife's separate estate for necessaries 2, p. 1;{S0 § 75'> community property, rights of husband and wife in. . . .2* n .'J.-JS-^' S 753 married woman liable for her torts 2, p. 1;{S.'},' § 754 liabili ty of married woman for false representations .' .* .' . 2, p. 1 iiss' § 75 1 married woman bound by frauds of her husband in attend- ing, as her agent, to her property 2, p. 1C31 § 754 wife who avails herself of results of husbands fraud, while acting as her agent iu reference to her separate *'f*°'^!'^\''" 2,p. l.-]Sl,§ 751 power of married woman to make will 2, p. 1397, § 7G0 married woman cannot appoint agent at common law... 1,' p. 5,' § 4 but may bo agent for another j „_ ^\ q husband may be ageut of wife j' " -' '. p or wife of husband '. ".*.".".'.'.", .V p 5' s ■ married woman cannot make statutory deed by a-cut In' "^' s o-, Murria,je Settlement. ° " ' ^' ' ' ^ *" See also, 7, jmst. marriage settlement defined " „ i" J ), § Too settlement good against prior creditors where reasonable. 2. p ISS5 s 7.-,:; (. 6574 HUSBAND AND WIPE. Husband and Wifa— (Continued.) oral settlement followed by niarriige cnforccaWo 2, p. 1333, § 7."5 rc(juiaite< of marriage settlements as to form and execution by statute 2, p. 13S7, § 133 not according to statutorj- requisites, not good as against creditors 2, p. 1?S7, § 7'5 ante nn])tial contract not revocable by woman 2, p. 13S7, § 7J5 7. Fraiuliikid Coiirfi/aiircx. voluntary conveyances of property made 1)y ■\^-oman contem- plating marriage a fraud upin husband's niiritil riylits 1 2, p. inSO, § 733 even wlure objecfc was to provide for cliildrcn by fi)rnicr marriage 2, p. 1C30, 3 733 allter, husband knew of conveyance before ho married her : 2, p. 1389,3 73S assignee of husbaml against whose marital rights a fraud has been committoi has right to protection 2, p. 1339, § 736 fraud upon the wife not committed by husband's puroha-iing landu after marriage, with his separate funds acquired before marriage, and taking the ci>nveyan"3 in tho names of minor chihlren by previom marriage. ,.2, p. 139?, § 736 secret conveyance just before marriagu of husbmd's prop- erty, fraud on wife 2, p. 1390, § 735 voluntary conveyance by husband after marriage valid as to subsequent creditors 2, p. 1301, § 757 bat if fraud is proved it may bo set aside 2, p. 1391, § 757 80 as to persons creditors at the time 2, p. 131)!, § 757 husband has right to settle surplus of property over what he owes for benefit of wife and family 2, p. 1391, j 737 ahusband may give his wife her earnings if nfitindubte 1.2, p. 1391, § 757 a gift to wife of avails of her own labor good as against creditors if not reduced into possession 2, p. 1391, 3 737 husband who is indebted to his wife may prefer her to other creditors 2, p. 1391, § 757 Bcttlement made with a view of incurring future debts fraud- ulent 2, p. 1392, § 757 post-nuptial conveyance or settlement for valuable consiil- cratio annot be avoided by creditors 2, p. 1392, § 757 gift or convey i ic3 to wife, if reasonable, good as against hu.^• band's heirs 2, p. 1301, § 753 allter when wife is guilty of adultery and provision ex- travagant 2, p. 139i, § 7r8 direct gift or conveyance of proiierty by husband to wife, thnuijh void at law, good in equity, and canno'' bo revoked without mutual consent 3, p. 1393, § 753 a conveyance by husband directly to wife valid as between themaolvea. • •>}, p. 130i>, § IZfi HUSBAND AND WIFE. Co7i 5 757 } 757 i 757 i 757 i 753 7r8 Husband and Wife-(Continued. ) Luiband may permit wife to retain her money free from his marital claims; he becomes her debtor if he borrows it.,., mortgage of homestead given by husband tJwiVc* to* secure ' ' ^ ^^^^ moneys lent him by wife from her separate estate, valid g .ono o m choses in action may pass by delivery from' hulbaLd to Vif^ * ' without written assignment g ,, husband cannot maintain action against *s"avings' bVn'k for 13D3, § 1393, § r58 758 7.-8 1305, § 759 1396, § 759 Its refusal to pay hitn money wliich he deposited in hiswife'sname 2, p. 1393, § equity will enforce note given by husband for her separate money lent by her to him, or received and collected , , V'""" 2.p.in93,§ husband may make valid gift cau.^a mortis to his wife. .2, p. 1393 n, § 758 husband may convey land to wife directly, Without inter- ventiou of truste.', where statutes give power to mar- ried woman to enjoy, contract, etc., as if unmar- .f, ""'^'^ 2, p. 1393n, §75S gifts or conveyances by wife to husband regarded with sus- picion and must be fair and free 2 », statute forbidding sale by wife of separate property to hus- band does not prevent gift of same 2, p. money paid to a wife, but received, counted and kept by husband, and afterward invested by him for her, does not constitute gift from wife to husband. . . .2, p. 1396, § gift by wife to husband may be inferred from circum- stances o 3, p. equity will set aside gift of property to husband induced by hia false represent itions 2 p but not mortgage made to third party on husband's' false' representations 2 8. Dissolution o/ Marriage b>/ Death. husband on wife's death becomes entitled to letters of ad- ministration on her estate 2, p. 1399, § liability of husband for funeral t>:nenses of wife 2^ p. 13y{)' § husband becomes entitled to whole of wife's pcrsonalty'at her decease, to exclusion of relatives, or children, sub- ject to claims of creditors 2, p. 1400 § different rule in some states o' i ./,i ' « riglit of husband in decease.' wife's land as tenant by tiie ti. 59 139G, § 139G, § 1396, 759 759 § 759 7G3 764 765 765 766 , , ^t'^^y-v ;; 2.p.l401,§ husband improving wife's land wuh hia own money cannot recover from wife's estate 2, p. 1405, § 767 cannot claim reimbursement for moneys paid in set ling con- troversies in regard to title of wife's real estate. .2, p. 1405, § 767 6576 HUSBAND AND WIFE. 1408, 140t), 140D, 1409, § § 1403, Husband and "Wife— (Continued.) right of wife to aliniui^ter on linsband's estate 2, p. 140G, wife's share of deceased husband's personalty 2, p. 1400, widow's all.)wanoe, ri^'ht to 2, p. 1407, § 770; 2, p. 170;{, widow's paraphernal. a, what is, riyht to 2, p. 140S, widow 'sc^uarautine, what is, right to.. 2, p. 140S, § 772; 2, p. 170.'3, 9. Dower. defined 2, p. is assignable in equity 2, p. rule where two widows are dowable in same lands 2, p, married woman may, during lifetime of husband, maintain action for protection of her inchoate right of dower from fraudulent acts of husband 2, p. wffe's inchoate rights will support action by her for damages in being defrauded iu conveying her dower right. . .2, p. 1409, widow cannot maintaia action before her interest in lier de- ceased husband's realty has been set apart, to com- pel railway to purchase her alleged dower interest in right of way granted by him 2, p, widow with separate estate equal to her share of her hus- band's estate has no dower in Mississippi 2, p. 1409, right to dower is covered by law in force at time of husband's death, and not that which was in force at time of or diirinfj continuance of marriage 2, p. 1409, of what lands is and is not now widow dowable 2, p. 1410, shares of sto .k not subject to dower 1, p. 779, dower may be barred or released by joining in conveyance of husband 2, p. 1415, or by ante nuptial agreement 2, p. 1415, deed to be effective mist be properly acknowledged. .2, p. 141G, or by sale of land under charge create I before owner's mar- riage .2, p. 1416, or by conveyance to wife before marriage, of property by way of jointure 2, p. 1417, or by settltjmont before marriage in lieu of dower. . . .2, p. 1417, or by settlement of the marriage 2, p. 1417, or by provision in will 2, p. 1417, election by wife to accept legacy in lieu of dower 2, p. 1417, dower barred by wife's elopement and adultery 2, p. 1417, by divorce. ...' 2, p. 141 S, not by voluntary separation 2, p. 14 IS, by lapse of time 2, p. 1 4 1 S, by judicial sale 2, p. 1418, by defeat of husband's defeasible title 2, p. 141S, by exercise of right of eminent domain 2, p. 1 US, dower not barred by wife's release, executed by joini"g in husband's deed afterward set aside 2, p. 1416, 7G3 7(;4 99S 771 997 773 773 773 773 773 § 773 § 773 § § § 773 774 4G3 § § § 775 775 775 § 775 no 775 775 775 775 775 § 775 775 775 775 775 775 § 7G3 § 7(14 § 903 § 771 § 997 § 773 5 77.3 s 773 no 775 775 775 775 775 775 775 775 775 775 775 775 775 775 775 HUSBAND AND WITE — IDEA. 6577 Husband and Wife— (Continued.) nor where tlie administr.vtor aalh land of his intestate, and out of proceeds pays off nioitgnge made liy intestate ia which wife joined, rtlinquishiixr f"^^^'- 2. p. 1410, § 775 nor by the foreelosure of mortgage in whidi the wife did not join, and sale thereunder 2, p. I41G, § 775 nor by aasignee's sale of br.r^knipt's lands 2, p. 1419^ § 775 nor by accepting and retaining gi ft of personalty from bus- band, made by him in contemplation of death. . 2, p, 1419, § 775 dower may be assigned to widow by heir or rcmainder-man,' °';^y°°"'-'^ 2, p. 1422, § 776 or widow may sue for it, and for damages for its deten- . *'°°V; a.p. 1422,§ 776 purchasers take property subject to dower right 2, p. 1422, § 776 dower may be assigued by parol 2, p. 1422,* § 776 dower is assigned under law in force at time of husband's . ^^^*^ a, p. 1423. § 776 nuMSigned dower interest not subject to attachment. . .2, p. 1423, § 776 equity cannot subject an una3signed right of dower to pay- ment of widow's judgment debts 2, p. 1423, § 776 a widow in suit for dower makes out piiini facie case by showing possession during coverture 2, p. 1423 § 776 land held by different persons in several parcels, she is en- titled to have dower assigned in each parcel sepa- ., ""^^fy 2,p. 1423,§ 77G widow who renounces provisions of husband's will, and causes dower to be ussignad to her, can recover ""'^'f 2,p. 1123,§ 776 damages for non-assignment of dower recoverable, not- withstan ling the refasal to assign was .made in goo'^ faith 2, p. 1423, § 776 statutory dower in the United States 2, p. 1423 § 777 Ice. See Accession; Mltnicip.vl CoapouATioys; S.vow. ice belongs to owner of water on which it is formed 3, p. 2438 § 1315 aliter as to navigable rivers 3^ p 21.38 § 1345 legislature may regulate cultivati jii and cutting of ice. 3, p. 2t:;9, § 1315 persons cutting ice must protect holes against travelers.3, p. 2139^ § 1345 liability for injuring ice 3^ p. .2439' § 1345 allowing it to melt 3, p. 3140,' § 1345 sale of ice not yet cut is a 5 vie of personalty 3, p. 2439, § 1345 measure of damages for taking ice from stream 3, p. 2440, § 1345 telegraph wires broken by weight of ice, liability for injury to pedestrian 3^ p. 2033, § 1162 Idea. mere idea unconnected with any physical device not subject of ownership 3, p. 2445, § 1353 ^mmtmammmmmimmr. 6578 IDIOTS— ILLEGAUTI. Idiots. See Insanitt, Illegality. See Contracts, 6. See aho IsiMonALTTY. Gouditious in deeds, see Rem. PiiOPKKXY, 4. no trust can be founded upon an interist derived from illegal contract, or in contravention of law 4, p. 3374, § 1079 such truiits not enforceable 2, p. 117 1 , § C30 nor resulting trusts 4, p. 3115, § 2008 trust ari-iing from illegal transaction may be enforced in favor of innocent party 4, p. 3427, § 2013 damage not recoverable for failure to send telegram when it was for an illegal objeat 4, p. 3343, § 1036 where part of consideration is illegal, whole promise is void unless parts are sevemble 5, p. 37S0, § 22.'56 ■written contract can be varied to prove that agreement was made in furtherance of illegal object 6, p 3333, § 2314 action of directors in declaring dividend with knowledge that there are no profits, illegal 1, p. 780, § 470 epccific performance of illegal contract will not be de- creed 5, p. 4203, §2f)01 illegal occupations cannot be slandered 3, p. 223S, § 1250 agreements between parties not to bid at auction illegal. 1, p. 383, § 220 to concert with auctioneer a private signal denoting bid.l, p. 375, § 219 raising price by fictitious bidi on "puff.rs" illegal 1, p. 378, § 220 contracts between master and servant exempting master from liabdity for injuries illegal in some states 1, p. 569, § 318 legislature cannot charter corp )ration3 for illegal object. 1, p. GOO, § 333 right to recover for illegal services 1, p. 443, § 244 contract to reprint book in viola ion of auothar's copyri.;ht, void 4, p. 2S27, §1632 action will not lie upon award founded on comjiosition of a felony 6, p. 5372, 3393 acts or contracts of corporation in vidation of law in- valid 1, pp. 624-753, § 353-434 agent doing illegal act, no defense that it was ordered hy priiieifal 1, p. 187, § 112 agent cannot receiver compensatioii for ilh gal service. ..1, p. 151, g 96 nor claim reimbursement for illegal service 1, p. 156, § 9S validity of note given to wife to induce her to live with husband 2, p. 1426, § 779 agent not reriuircd to perform immoral or iilegil act. . . 1, p. 12.'}, § 81 but agent sued for money or profits cannot set up illegal- ity of transaction 1, p. 123, § 81 agent cannot be appointed to do illegal act 1, p. 8, § 8 illegal or void act cannot be ratified 1, p. 36, § 31 power to do illegal act cannot bo delcg itcd 1, p. 25 n, § 25 81 S 81 25 ILLEGALITY— IMPOSSIBLE CONTRACTS. 6579 Illegality— (Continued.) authority preaumeJ legal j „ 25 8 25 illegality of consideration, good defense to bill or note ..'4,' p. 2773* § 1507 does not prevent recovery by jilaintiflF for defendant's iiegli- gonce that former was doing act contrary to statute, ordinance or law 3 p ojoi §1206 that pkiatiDF was at the time of the accident violating jkw ^'^^ not prevent recovery for injury on Iii2hway!3, p. 2039, § 11C5 illegitimacy. - » *: » » See Pare.^^t a'sd Child; Wills, Illicit Intarcouraa. See laiJiORALixr. Illuess. See Sickness; Disease. Immorality. See Illegality. ri-lit to recover for immoral services l, p. 443^ § 044 contracts or agreements to commit crime or immoral act .,, , l"!"^ • • : 5, p. 401G, § 2428 Illustrations of contracts held void 5, p. 4^41;^ g 2428 contract with a printer to print, or a publisher to sell, a libelous work 5, p. 404G, § 2428 agreement with a woman made in contemi)!ation of future illicit cohabitation 5, p. 4016, § 2423 contract to write an immoral book 5^ p, 40^0,' ^ 2428 contract to board bastard and its mother, fithor to 'be allowed to continue illicit intercourse 5, p. 404G § 2428 furni.- injunction bomls, sue SciiiiXYSuip and GL'ARixrv. 1. Geneual I'uincihles, 2. In What Cases Injunction Will Issue. 3. In What Cases Injuncion Will Not Issue. 4. Violation of Injunction. 1. General Principles. mandatory in junctionis, when decreed 5, p. 4050 § O^SS where person agrees not to do certain acts, specific per- formance decreed in form of an injunction restraining party from doing act 5,^ 4253, § 25S6 author agreeing to write for, or actress agreeing to act only at certain theater; court may decree specific perform- ance by injunction against acting at any other thea- . *®'' 5, p. 4253, §23';6 prohibitory and mandatory injunctions distinguished. .7, p. 57G7, § 3697 interlocutory and final or perpetual injunctions distin- g"'«'^«'^ 7, p. 57G7, § 3G97 interlocutory injunction, when not granted 7, p. 5703, § 3^97 injunctions only granted when no other adequate "'"^'^y 7, p. 57C9,§3C97 or where urgent necessity for retaining commission of threatened act 7^ p. 57G9, § 3C97 or where irreparable injury will be otherwise sustained by Pl^"^*'|^ 7, p. 57G9, § 3G97 will not be issued for provention of criminal or immoral ^ ^''^^ 7, p. 5709, § 3G97 where special remedy provided by statute, it takes place of injunction , 7, p. g-gr,^ § 3^97 statutory remedy, to supersede injunction, must be obtain- able in courts of state where right exists 7, p. 57G9 § 3C97 jurisdiction is in personam; cannot compel action by person not within jurisdiction of court 7, p. 57G9 § 3C97 plaintiff on interlocutory injunction must make clear show- ing that he will be entitled to relief on final hear- , „ '?■;;••••;■;•■• ••; 7. p. 5700, §3097 bill must allege facts in positive manner and with particu- larity, showing means of knowledge, and must be ^"'"^^^•••; 7, p. 57C9, § 3697 if material allegations of bill are positively and circumstan- tially denied under oath by defendant, preliminary injunction will not be issued 7^ p_ gygg g ngg- injunction gives no remedy for act which has been com- "^^^^^ 7, p. 6770. § 3G97 6582 INJUNCTIOXa. ZnJ unctions— (Cnntinned. ) will not affect act done before service, though after issn- ance 7, p. 5770, § 3G97 will not be granted in absence of showing of present or impentliiig injury 7, p. 5770, § 3G97 negotiability of note not destroyed by injunction against its registration 4, p. 2720, § 1555 court in one state may restrain person over wliom it baa ju- risdiction from commencing suits in foreign state. 7, p. 5S36, § 3717 2. In ]Vhat Cases IiijundioM Will hsue. restraining infringement of patent, copyright or trade-mark 7, p. 57G3, § 3C97; 4, p 2821, § 1030; pp. 2S5G-2888, § 1G16-1G91 prevention or continuance of a public or private nuisance 7, p. 57CS, § 3G97; 7, p. 5774, § 370O restraining the transfer or issuing stock in corporation. .7, p. 5768, § ^G97 restraining the doing of unauthorized acts by co-partner or corporation 7, p. 5763, § 3G97 restraining disclosure of confidential communications, secrets or papers 7, p. 5768, § 361»7 restraining the removal of property, or evidences of indebted- ness, or of title to property out of the jurisdiction of court 7, p. 57G8, § 3697 restraining commission of waste.... 7, p. 57G3, § 3607; 7, p. 5770, § 3G93 restraining the transfer of property, or parting with pos- session of property 7, p. 5768, § 3697 to enjoin sale of lands 7, p. 5772, § 3699 to enjoin execution of deed 7, p. 5773, § 3699 to restrain misapplic ition of proceeds of sale 7, p. 5773, § 3G90 to restrain city from discharging sewage on land 7, p. 5774, § 3699 to restrain tenant from removing house from land 7, p. 5774, § 3699 to restrain judicial proceedings at law 7, p. 5777, § 3701 to restrain collection of illegal taxes 7, p. 5779, § 3701 to restrain enforcement of fraudulent or void judg- ments 7, p. 5783, §3702 equity to restrain revocation of power of attorney, coupled with interest 1, p. 60, § 44 to restrain servant from revealing master's secrets 1, p. 4G3, § 263 to restrain corporation from using name of another cor- poration 1, p. 676, § 404 to prevent closing doors of church against pastor 2, p. 1123, § 619 to restrain clergyman from usurping office and using church ediiice 2, p. 1124, § 619 mioister cannot be enjoined from receiving voluntary con- tributions even though deposed by ecclesiastical judi- catory 2, p. 1124, § 619 injunction will lie to prevent disturbing highways for laying gas-pipes, without legal authority 2, p. 1021, § 573 INJUNCTIONS. 6583 Injunctions -(Continned. ) to prevent publisher from falsely offering for sale book as the work of an author, wheo it is not so 4 p o!;og § ifj^o to prevent polh.tion of water e,' p.' 4Slo,' 3 2^" 6, p. 5378, § 3102 to prevent a lessee or his assignees from converting demised premises to nses inconsistent with lenso. 6, p. 4(533, § 2839 to prevent railroad from laying track in public street. .2.' p. 1013.' § '509 BO where company acts in excess of powers 2, p. 1014' § 509 80 where company fails to pay land damages '..2, p.' 1014,' § 5lJ9 to restrain suit on policy, if fraud cannot be set up in action atlaw, and n) loss has occurrel 5, p. 35O8, § 209t tenant caniioi enjoin ejectment by lessor 6, p. 4G;)7, §2881 equity will enjoin collccti n of usurious interest 5, p. 4 90,' § 2HH removal of lateral support, wlien 6, p. 4")-12,' § 27^:5 Bale under trust deed, wlien injury would result 4, p. 3381, § 19S3 taking of land under . ininent domain, when 7, p. G148, § 3902 persons may bo enjoined from acting under unconstitutional , , Ttr, !^^*"*'/- 7, p. 5837. § 3747 3. in What Cases Injunctinn Will Not Issue, in a suit to recover land, unless fraud, mistake, accident orsurprisearealleged as grounds for interposition. 7, p. 5772, § 3099 where action is pending in court of law, and defense can be properly raised in that tribunal 7, p. 5770 § 3(593 to restrain execution by trustee of power to sell lands . . .7, p. 577'j' § 3093 to restrain breach of party wall agreement 7, p. 5-73' ^ gg^^ to restrain one froai mining on an )ther's land 7, p. 5773' ^ 3^33 equity will not grant injunction restraining presi lent or cashier of bank in thi exercise of olRjial duties. 2, p. 903, § 522 carrying on unauthorized banking business will not be en- ' ■ joined as nuisance 2, p. 858, § 510 will not enj )in temporary use of street railroad traek by private person q, p. 1003, § 5GG 4. Violation of fnjuiiction. party cannot refuse to obey judgment for irregularities.. 7, p. 5782, § 3703 aliter where court hail no jurisdiction to issue it 7, p, 57S2, § 3703 is guilty of contempt in disobeying writ, that he mistakes his rights, or acts on advice of counsel 7. p. 5782 § 3703 not necessary that he shall be served with writ, that he has notice of it sufficient 7, p. 5782 S 3703 act charged as contempt one which could not injure plaintiff, will not be regarded as breach of writ 7, p. 5733, § 3703 the writ does not usually bind persons not actually men- tioned in it 7, p. 5783, § 3703 65S4 INJUNCTIONS — INNKEErER3. r.7S^, § 3703 5783, § 3703 57S4, § 3703 §1T7S § 1778 §1779 §1780 §1781 §1781 §1782 §1782 Injunctions— (Continned.) strict compliiiiice with spirit of the mandate is required. 7, p. C7S3, § 3703 party eujuiiitid refusing to comply with injunction, remedy is by proceeding to have him punished for con- tempt 7, p. 5733, § 3703 corporation us well as individual may be punished for coii« ten)i)t 7, p. practice or violation on injunction; order to show cause. 7, p what goes iu mitigation of the contempt 7, p. punishment iu fine or imprisonment or both, and costs 7, p. 5784, §3703 Inland Bill. See NECiOTIABLE Instbumekts. Innkeepers. See Liens. who are and are not innkeepers 4, p. 3045, restaurant or saloon-keeper not an "innkeeper " 4, p. 3047, liability of boarding and lodging house keepers 4, p. 3047, who are and who are not guests 4, p. 3048, innkeeper is bound to receive every applicant 4, p. 3l'52, what is a good excuse for refusing accommodation 4, p. 3053, innkeeper, likeacairier, is an insurer of guest's property. 4, p. 30o6, liable for loss of guest's goods by lire or burglary 4, p. 3057, iuukee2)er is liable for assault on person of guest by servant or by another guest in his presence 4, p. 3059, § 1782 loss or damage being proved, burden is on the innkeeper to show valid excuse 4, p. 3059, §1732 innkeeper is liable for communicatioa to guest ( f contagious disease by one whom he knowingly permits to remain in his house 4, p. 3059, § 1782 extent of iuukeeper's liability as to time, place and quan- tity 4, p. 30G0, § 1783; 4, p. 3069, § 1786 contributory negligence of guest will excuse iuukeeper from liability 4, p. 3067, § 1785 And see Contiubutoky Necslicence. innkeeper may restrict his liability bv contract or notice.4, p. 3070, § 1787 restriction of innkeeper's liability by statute in some states 4, p. SC ■),§178S father may sue for money of minor child lost or stolen at inn 4, p. 3066, § 1784 master, principal or corporation may sue for money belong- ing to them in the possession of their servant or agent, and lost or stolen at inn 4, p. 3066, § I7S4 BO may a bailor. 4, p. 3066, § 1784 husband may sue for money of wife 4, p. 30b"6, § 1784 two partners, only one of whom is guest, can maintain action as such for loss of goods, property of firm 4, p. 3066, § 1784 INNKEEPERS— INSANITY. C5Sj Innkeepers— (Continued.) action a^iaiiist an innkeeper to roc-over tlie value of pcrs.>nal property loft in lii-i clnr,'o l)y a g.iest, and sul.io- quonlly stolon, is foundu.l, not on t(.rt, but on con- tract .. 4. p. SOGfl. § 17S4 hotel cl«rk has i.nplie.l authority to ruceivo telo-rani for , , '^"*'''* "...4, p. 3,Ti7, § nm fllanaers on innkueper, when action.iblo 3, 1,. oj.^;. ^ ^^ji Insanity. 1. I.\ (JEXF.nAU 2. GuAHDiANsiiip OP Lhnatics. 1. //» Ginerul, contract with insane person 13 voidalilo , 0, p. .-^OSO, §2.183 otlier party to contract cannot set up defoiise 5,1). 'M^J, § •_';iS3 what tUyree of incnt.al unsouii l.iess must he sliowu 5, p. .1'JSl, § •J.3S3 belief in spiritualism does not prove insanity 5, p. 'M6'2, § 23S3 contract with parson who has boon adjudged a lunatic ., r'*^;.-;:;. 5, p. 39:2, § 2353 contract or liability assumed by a person while r)f sound niin I may bo enforced against hiir when ho is of unsound '"'"'^ 5, p. .ins?, § 2.1S8 • contract made during lucid interval valirt 5, p. 393^ § "333 lunatic responsible for torliously killing an animal , 'f'^.'^ 3. p. 1707. § 1010 for false imprisonment 3^ p. ^^(jy^ g ^^^^Q is not responsible where the intent gravamen of charge, as ^ ^ '''''•"'^°'' .!5. p. 17G7, §1040 where insanity not known to other party; contract valiil where parties cannot be placed in status quo 5, p. 3983, § 2380 lunatic or his estate is liable for necessaries 5, p. 3931' § 2330 insane person cannot ajjpoint an agent 1 , p. 4' s 4 but may be agent j ' p" g^ g q imprisonment of insane persons, when porniitted without , . r"'*'"' 3, p. 1S20,§1CG0 physician 13 liable for detaining sane person in asyli-.m ag.ainst his will .7. p. CICG. § SOU action will he for a conspiracy to vex or harass a person by having him subjected to an inquisition of lunacy, with- ,. , o»tcause 3. p. 17SS, § 1047 dissolution of partnership by lunacy of partner 2, p. 1241, § G71 lunatic not competent to make contract of marriage 2, p. 12U3, § 707 lunatics may become stockholders in coiporatiou 1, p. (jio', § 313 ■ C5S6 INSANITY. Insanity— (Contiimml.) of principal revoiics agency 1, p. C7, § fil of a^ent i evtikoi ayi-my 1 , p. 07, § •'>2 insanity at tlie timu (/f luarriago cause fur diviirco J3, p. 1 H'i, § 787 insanity at time of act j^ooil dofunso to hill for ilivorco. .2, p. 14-4'J, § 7t)3 suit for divorce may bo prosccuti'il l)y or against guardian or co:ninittee of insane ikm-hoii, wliuro act was cnni- niitted before party became insane 2, 142S, § 7S0 insurer li.ihlc, tliou^ii insured while insane suti lire to hi3 proj.crty 8, p. 3350, § 2090 cffoct of insanity on forfeiture in policy of life in^iurame where insured conunits sui ide 6, p. 3C15, § 2130 insanity of insured will excuse failure to furni;»li i)iclindiiary proofs 5, p. 3.")40, § 2079 insanity or sickness, or other inuapacity of insured no excu.so for not paying premium 0, p. 3.'33, § 2172 death of pirty before award revokes s ibiiissi m 0, p. 5;!31, S 3301 resignation of olllee by insane pcr.ion, elfect of 7, p. uOSJl), § 3S12 insane person cannot m;d{0 valid will 6, p. /)13Df § 31(il what is or is not insanity 6, p. 51-t •, § 3101 effect of will made in lucid inturvals .6, p. AUl, § 3102 partial insiinity of testator av lids will C, p. 5142, § 3103 will made during delirium is void G, p. 5143, § 3104 idiots are incapacitated from making w ill 0, p. 5144, § 3106 2. Gu'inliiih-iliip I'f Lunitifx. guardians of, ho.v ajipointcd S, p. 1541, § 848 statutory procedure must Ijo follow ed 2, i». 1542, § 848 generally named " conservators " or "committee". . .2, p. 1541, § 843 may be apjointed for lunatic out of jurisdiction 2, p. 1541, § 843 equity has inherent power to onler sale of lunatic's real estate . 2, p. 1542, § 848 inquisition of lunacy will not be si.t aside for mere irregu- larity 2, p. 1542, § 848 appointment of a guardian for insane person a determina- tion of fact of insanity, and will bo presumed to have been made under jurisdiction 2, p. Ic4?, § 848 letters of guardianship of lunatic issued by probate court cannot be quLStioncd in coll itural pnn ceding 2, p. 1542, § 848 commisaim in lunacy will not be superseded where the peti- tioner, previously f und insane by jury, is liable at any nKunent to bjcome excite 1 beyond control. .2, p. 1512, § 843 fact of insanity judicially ascertained, law presumes its con- tinuance until a restoration to sanity or lucid interval is established 2, p. 1542, § 848 discharge from lunatic asylum because officers adjmlged patient restored, j}riiu:i facie evidence of such restora- tion 2, p. 1542, § 848 ni 787 rso INSANITY— INSURANCE. 0587 Insanity -(rontinnod.) power of coiiit to ui)p.)int guanliin for lunatic not clcfoatrd by fact tliat ouch person is niarriud 3, p, ] r)[^^ g gig what (logrou of insanity esiuntial togivu jiirisdirtion. , .2, p. irM, § 813 ptTHon (leaf anil (luinhfrom birth not .loinio.I nou rowj>n,.2, j). Ijrj, § 843 omuucipatutl no^jro woman n\:l § 818 power and liability of guardian or uoniniitteo 2, p. 1 j»;{] § 643 pleading and [)artim iu proueutling to appoint u'uardian'or . . conunittte ~ g p ,540^3 gjg petition for restoration should be in names of Uu>.Uc and . , <-'"">'"'tt«' •3,p.I547,§ 843 judgment proper y rendered against lunatic, and not aguinst , «"^^'^^''^" 2, p. 1517,§ 813 good cause for removing trustee or committee of lunatic that ho is not resident of state 2 p 1547 8 848 Insolvency. Sue Banicuuptcv; Conflict of Laws. * does not work dissolution of corporation 1, p. 841, § COS insolvent life company liable to policy holders in damages' for breach of contract 6? p. 35G.1, § 2092 death claims maturing before dissolution not superior to rights of Lviug policy-holders 6 p, 3505. § 2092 -nspection. See CoiipoRATiONS, 5. right of partner to inspect books 2 v I^SS § 603 Insurance. " ' *^* *" ' See Alteratiox of I.nstrumekts. (a). General PitiNcii'LES. 1. 2'//c Policy til General, 2. Warrantka, lieprcsenlation and Concealment. 3. CoudUiona and Covenants in Poliaj. 4. liemedks and Dc/enses, (b). FiuE Insuranck. (c). Life Insurance. (d). Accident Insurance. (e). Mutual Inscrance. (f). Marine Insurance. (g). Other Kinds of Insurance. (h). Officers and Agents of Insurance Cosipanies. (a). General Principles; 1, The Puliry in General. insurance an executory contract of indemnity 5, p. 3452 § 2037 a personal contract, and does not pass with title to i)r'op.' . ^'■^y* ;•;•••, 5, p. 3482, § 2037 remsnnance dehned 5. p. 34S2, § 2l).18 ellect of contract of reinsurance 5^ „ 345., « gJSS «• C588 INSURANCE. Insurance— (Continued.) contract of reinsurance not within the statute of franrls.S, p. 31S3 n, § 203S unless expressly authurizeil, ultra vires oUicers of insunince company 5, p. 31S3 n, § 2033 judgment against orij^inal insurer binding upon reinsuring companies who had notice of suit and opportunity to defend 5, p. 3 IS 1, § 2033 donhle insurance defined 5, p. 34J:5, § 2039 rerjuisites of contract of douMo insurance 5, p. 3485, § 2039 when different jjolicies in different companies must con- tribute to same loss 5, p. 34S5, § 2039 vherc several insurers of same propcrtj', insured has right to recover of auy amount of loss, without regard to others 5, p. 34SG, §2039 insurer who has made good loss has claim on the co-insurers to be reimbursed 5, p. 31SG, § 2039 a clause restricting liability of insurer, where subsequent in- surances are mide, to proportionate part of loss. .5, p. StSG, § 2039 insurance contract need not be in particular form 5, p. 34SS, § 2040 but policy under seal usually issued 5, p. 3489, § 2040 one who accepts policy presumed to know its terms and their meaning 5, p. 3489, § 2040 contract need not be in writing; good by word of moulh..5, p. 3489, § 2040 presumed to be in terms of policies issued in ordinary cases 5, p. 3439, § 2040 renewal of policy need not be under seal, although the policy is 5, p. 3490, § 2040 contract must be definite in its terms, both as to term and rate of premium, before it can be enforceil 5, p. 8499, § 204O contract of insurance is incomplete which wants any of five ingredients; subject-matter, risk insured against, amount, duration of risk, and premium of insur- anc3 5, p. 3490, § 2040 words and jjriuted figures in margin of policy arc part of the p>licy 5, p. 3490, §2040 conditions printed in small type on back of policy not to bind iijsured 5, p. 3490, § 2040 policy gdod though required by law of company to be in par- ticular form 5, p. 3490, §2040 in construing iinlicies regard is liad to tlio intent and mean- ing of parties, rather than to the literal meaning of words 5, p. 3402, § 2041 no part of words of policy sliouKl be rejected 5, yi. 3l92, § 2041 portion of description wiiich ia false disregarded, where enough remains to identify property 5, p. 3192, § 2041 inaccura'o description of premises insured will not defeat jjolicy . . .5, p. 3192, § 2041 INSURANCE. 6589 Insurance— (Continued.) special clause which creates an exception to general clause governs latter clau-e 5^ p. 3492, § 2041 valued and open policies defined and distinguished 5, p. 3493,' § 2042 construction of Dolicy/'to whom it may concern" 5. p. 3494' § 2042 what interests may and may not be insured 5, p. 3^95,' § 2043 lottery tickets may not be insured where lotteries are pro- hibited by law 5, p. 3496, § 2043 nor intoxicating liquors kept by assured for illegal ^^^^•. 5, p. 3490, § 2043 nor premises kept for gaming purposes 5, p. 349(5^ g 2043 an insurance policy procured by fraud is void 5, p. 349G,' § 2043 valid contract of insurance may be made before issuance of , P""''.^ 5, p. 3496, § 2044 destruction of property before policy issued; company lia- ^^^ 5, p. 3496, § 2044 payment of premium is not condition precedent to contract unless policy so provides 5^ p. 3493^ § 2045 even where required \y policy payment may be shown not to have been . ^ . -ed by company 5, p. 3498, § 2045 where company reserves right to approve or reject risk tak- en by agent, not liable for loss occurring before it has communicated its disapproval 5, p. 3500, § 2046 delivery of policy, what constitutes 5, p. 3 jOL'i § 2047 formal acceptance of policy not essential 5, p. 3j02,' § 2047 application for insurance may be withdrawn at any time be- fore policy issued 5^ p. 3502, § 2047 where policy is agreed to be delivered within a month, no demand necessary 5^ p 3-502, § 2047 whether, when by-laws provide that insurance shall not take effect until premium is paid in cash, agent tak- ing risk may waive these conditions 5, p. S502, § 2047 too late to accept policy and tender premium after loss. .5, p. 3503, § 2047 countersigning of policy by agent, when necessary 5, p. 3503, § 2048 ini.orsement by agent of changes in conditions when neces- ^'''■y 5, p. 3503, § 2048 cancellation of policy, power of company as to 5, p. 3505, § 2049 of fire policy, cannot be exercised in face of threatened , ,. ^°^\- ■ ■ • 5, p. 3505, § 2049 duration of risk, at what tune risk commences and ends. 5, p. 35J7, § 2J50 renewal of policy is a new contract on terms of original ^ P^^'^'y 5, p. 3508,§2050 what will amount to renewal of policy 5, p. SoOd, § 2050 application, condition therein, by-laws of the company, or any matters referred to in policy, and by express words made part of it, are part of policy 5, p. 3512, § 2052 indorsements on policy are part of it 5, p. 3513 § 2052 LAW8ON R. & R. 400. ' ' 6590 INSURANCE. Insurance — (Continued. ) where written matter in policy conflicts with or contradicts printed matter, former prevails 5, p. 3515, § 2054 where they do not convict, policy is construed so as to give eDfect to both 5, p. 3515, § 2054 2. Wan'antkn, Representations and Concealment. warranty in insurance policy defined 5, p. 3309, § 2051 . affirmative and promissory warranties distinguished. . .5, p. 3510, § 2051 warranty must be literally true 5, p. 3510, § 2051 word " warranty " need not be used 5, p. 3510, § 2051 what are and are not warranties in policies 5, pp. 3510-3511, § 2051 warranties are not favored 5, p. 3515, § 2053 language capable of more than one construction, held to im- port representation, ratlier than warranty 5, p. 3515, § 20"3 representations are either affirmative or promissory .... 5, p. 351*!, § 2055 what are representations in law of insurance; eflect of. 5, p. 351G, § 2055 representation must be material to risk 5, p. 3516, § 2053 erroneous matter of opinion not a misrepresentation 5, p. 3517, § 2U57 change in the matters represented subsecjuent to the making of contract does rot affect it 5, p. 3518, § 2058 representation is a continuous statement for how long . . 5, p. 3520, § 2058 statute as to warranties and representations 5, p. 3520, § 2059 concealment on part of insured avoids policy 5, p. 3520, § 2060 fact must be known to the applicant; no concealment of fact which is not known to insured 5, p. 3521, § 206O it must be known to be material to insurance 5, p. 3521, § 20G0 not concealment not to state facts whicli the insurer knows or ought to know, or facts which lessen instead of in- crease risk 5, p. 3521, § 20GO what facts need not be disclosed 5, p. .1522, § 2061 what facts must be disclosed 5, p. 3523, § 2062 3. Conditions and Covenants in Policy. where by terms of policy insured is required to give notice of any particular fact, only essential that notice bo given within reasonable time 5, p. 3523, § 2003 if policy does not otherwise provide, notice by word of mouth to any agent of insurer sufficient 5, p. 3523, § 2064 oral notice received by company witliout objection, Maivcr of requirement of writt n notice 5, p. 3524, § 2005 conditions against " other insurance " in policy are valid.5, p. 3524, § 2066 what is and is not "other insurance " 5, p. 3527, § 2067 non-payment of premium as agreed in policy forfeits it 5, p. 3529, § 2068 payment of part of premium does not prevent forfeit- ure 5, p. 3329, § 2063 elTect of payment by stranger without knowledge of in- sured 5, p. 3529, §2068 effect of taking premium note 6, p. 353U, § 2069 INSUKANCE. 6591 Insurance —(Continued, ) non-payment of premium note or interest thereon forfeits .P°^'<^y 5, p. 3531, § 2070 premium clue on certain Jay must be paid on or before mid- nightof thatday 5, p. 3533, § 2071 if paid before that hour, even after loss, sufficient. . . 5, p. 3533. § 2071 where premium falls due on Sunday, it may be paid on fol- lowing day, even after loss 5, p. 3533, § 2071 good excuse for non-payment of premium that insurers had already declared policy forfeited, that they would not receive it if tendered 5, p. 3533, § 2072 that insurance company had gone into compulsory liquida- . , ^ *'°° 5, p. 3533, § 2072 that company had appointed new agent whom insurer was not able to find 5^ p. 3533^ § 2072 war between country of insurer and the insured, excuse for non-payment of premium 5, p. 3533^ §2073 insanity or sickness or other incapacity of insured, no excuse for not paying premium 5^ p. 3533^ § 2070 forefeiture may be waived by acceptance of overdue ^ premium 5, p. 3534, § 2073 where policy requires that notice of loss be given within certain time, requisite that it be given within specified *!'"^ 5, p. 3536, §2075 usage of insurance company to allow certain time after the day appointed in which payment might be made is waiver of forfeiture 5^ p, 3535^ § 0074 where company has been accustomed to send notice to in- sured when premium fell due, it cannot exact for- feiture for non-paymrnt without giving such ,. ""^''^t ; r... 5. p. 3536, §2074 notice need not be in writing unless so required by J'']''y 5, p.3537,§207tt notice by post 5, p. 35.37, § 2076 notice required to be given before "nearest notary ".,5, p. 3533, § 207G other requisites of notice 5^ p 353^ s oq-q where policy requires that the notice be given " forth- with," or "as soon as possible," or "immediately," etc., these phrases require simply due diligence.. 5, p. 3537, § 2075 who may give notice 5^ p. 3533] § 2077 to whom may notice be given 5^ p. 3533^ g 2077 notice may be waived by insurer either expressly or im- ,. Pli^J'y-; 5. p. 3539, §2078 stipulations in policy that insured shall furnish certain preliminary proofs of loss, conditions precedent. .5, p. 3540, § 2079 construed strictly again&t insurers, and liberally in favor **^i°^"'"^'^ 6. p. 3540, § 2079 6592 IKSURANCE. Insurance —(Continued. ) where no policy issued, insured not bound by conditions as to proof of loss 5, p. 3510, § 2079 condition that assured shall furnish proofs of loss will not prevent recovery if unable, without fault or fraud, to procure them 5, p. 3540, § 2079 Insanity of insured will excuse failure to furnish prelim- inary proofs 6, p. 3540, §2079 but not fact that policy has been lost 5, p. 3540, § 2079 preliminary proofs not admissible as evidence for plaintilf on trial of an action on the policy, to prove his case 6, p. 3540, § 2079 though admissirms which may be proved against him, he may contradict them, and show that they are false or incorrect 5, p. 3540, § 2079 proofs must bo furnished within time stipulated in policy 6, p. 3540, §2080 where no time specified, reasonable time allowed .... 5, p. 3541, § 2080 mode of furnishing preliminary proofs 5, p. 3541, § 20&0 waiver of preliminary proofs by insurer, what is and what is not 5, p. 3542, § 2081 particular account of loss; requisites of 5, p. 3545, § 2082 effect of fraud or mistake in preliminary proof of loss in ac- tion against insurance company 5, p. 3547, § 2033 where loss payable, by policy, certain time after proof made, suit cannot be brought until after the expiration of that time 5, p. 3548, § 20S4 if insurer absolutely refuse payment, suit may be brought im- mediately 5, p. 3543, § 2084 provision of insurance pdicy that no execution shall issue upon any judgment against it until three months after the rendition thereof, will be enforced, although the judgment be founded upon a foreign judgment rendered long before 5, p. 3548, § 2084 condition in policy that no action shall be sustained unless commenced within certain period after the loss, not in controvention of policy of statutes of limita- tion. 5, p. 3548, §2084 what may be legal excuse for not bringing suit within time limited 5, p. 3540, §2084 new promise or acknowledgment will not revive cause of ac- tion barred by such limitation 5, p. 3550, § 2084 condition in policy limiting place where action is to be brought, or that suit is only to be brought in a certain state, invalid 6, p. 3552, §2035 conditions as to action may be waived by insurer either ex- pressly or impliedly 5, p. 3552, § 2086 IKSURANCB. 6593 Insurance— (Continued. ) condition allowing exemption from suit for cert:»in time after loss waived by insurer refusing absolutely to pay 5, p. 3552, § 2086 or by general denial of any liability on the part of com- pany 5, p. 3552, S20Sfi stipulation that suit shall not be brought on policy, but that dispute shall be referred to arbitration, invalid. 5, p. 3">.>3, § 2087 clause in policy requiring particular kind of proof of loss, invalid 5, p. 3553, § 2087 delivering policy to insued after knowledge of facts on which its validity might be disputed is a waiver of them 5, p, 3554, § 2088 acts, declarations, or dealing, by insurers with knowledge of the facts constituting breach of condition of policy waiver of such breach, and estop insurers from set- ting it up in defense 5, p. 3554, § 2088 acceptanc ,of premiums Vnowing that policy is subjected to forfeiture for violation of condition, is waiver of con- dition 5, p. 3554, §2088 4. Remedies and Defenses. insurer has right of subrogation to rights of insured against third parties who may be liable to insured for loss. 5, p. 3559, § 2091 action will not lie by insurance company which his paid loss on life insured by it against railroad which caused death, for amount which it has been forced to pay. 5, p. 3560, § 2091 mortgagee has no interest in insurance policy issued to mortgagor for his own benefit, and cannot be subro- gated to iatter's rights 5, p. 35G0, § 2091 where there his been loss before policy actually delivered, but after contract made, insured may resort to equity to comi)el issuance to him of policy 5, p. 35G2, § 2092 insured, on proving contract, may recover at law without issuance of policy 5, p. 3562, § 2092 where insured finds that policy, by mistake or fraud, does not express real agreement, he may ajjply to equity to have it reformed 5, p. 35G2, § 2092 or may sue on policy and vary terms of policy by parol evi- dence 5, p. 35G3, § 2092 equity will compel renewal of a policy, surrender of which has been obtained unfairly, or surrender of policy so obtained 5, p. 3563, § 2092 suit may be brought for damages for breach of contract to continue policy according to its terms 5, p. 3563, § 2092 covenant to insure in lease; construction and effect of. ..6, p. 4643, § 2842 broker not liable for premium 1, p. 397, § 225 power of factor to in&ure 1, p. 421, § 22') 6594 INSURANCE, Insurance— (Continued. ) bailee ia not bound to insure property in his own hnnds..4, p. 2975, § 1736 Msignee can procure insurance on the property before filing bond 4, p. 3408, § 2001 directors not bound to keep corporate property in- sured 1, p. 697, § 414 agent insuring his principal's property in company for which he is also agent, entitled to be reimbursed premiums paid out I / him 1, p. 153 n, § 97 agent neglecting to insure cargo shipped to him as directed by owner cannot maintain action for a premium.,. 1, p. 156 n, § 93 guardian not liable for failing to insure a farm-house. . .2, p. 1578, § 876 power of building and loan association to insure property taken as security 2, p. 1036, § 581 by-law of board of underwriters, requiring members to fol- low uniform rates of insurance, valid 1, p, 805, § 483 creditor who holds policy of life insurance on debtor's life guilty of negligence in not keeping up payment of premiums 4, p. 3028, § 1771 action will lie to recover back premiums paid, when. . ..5, p. 3564, § 21)92 other remedies against insurance companies 6, p. 35G4, § 2092 insolvent life company liable to policy-holders in damages for breach of contract 5, p. 3565, § 2092 death claims maturing before dissolution not superior to rights of living policy-holder-i 5, p. 3563, § 2092 action will lie against agent who has untruthfully repre- sented that plaintiff is insured 5, p. 3508, § 2093 action of deceit will lie by party who has been induced to insure in worthless company, against officers of the company who have made false statements 5, p. 3567, § 2093 equity will compel surrender of policy wrongfully ob- tained or delivered under mistake of facts induced by misrepresentation or concealment of assured . .5, p. 3568, § 2094 equity will restrain by injunction suit on such policy, if fraud cannot be set up in action at law, and no loss has occurred 5, p. 3568, § 2094 if loss be paid under mistake, insurers may recover back amount so paid on redelivery of policy 5, p. 3508, § 2094 cannot in absence of fraud reopen and try a case upon ground which might have been presented and tried when claim was made 5, p. 3568, § 2094 where policy is to be void on default of payment of install- ment, insurer cannot recover "for succeeding install- ments 5, p. 3569, §2094 measure of recovery in actions on fire insurance policies, 5, p. 3619, § 2116 See also Damages. right of insurer to rebuild or replace property destroyed.. 6, p. 3624, §2118 97 INSURANCE. 6595 Insurance— (fontinued ) that Hre was caused by ne.dli/^ence of insured, or his tenants, agents, or servants, no defense to action on pol- icy...... 5, p. 3556, § 2089 iraad or misconduct of insured will prevent recovery on plicy.when 5, p. 3553, § 2090 one effecting insurance on another's life, who murders him to obtain insurance money, forfeits his ri^jht there- to. °... 5, p. 3559, §2090 insnrer liable, though insured while insane sets fire to his property 5, p. 3559. § 2090 (b.) Fxrt Insurance. insured must have interest in property insured .... 5, p. ZTilO, % 2095 wager policies of insurance invalid 5', p. 3570', § 2,)95 •what is or is not an insurable interest 5, p. 3.-)7i ' § •_»0!)5 who have and have not insurable interest in property. .5, p. 3572] § 2095 insured in application need not, unless specifically called for by conditions of insurance, set out nature of title to property 5. p. 357G, § 2096 mortgagee may insure generally on property without dis- closing interest 5, p. gjyg^ g gOOG party in possession may recover e itire amount notwithstand- ing invalidity of title 5^ p. 3577^ § 2090 where applicant is required to set out true title, failure to do so accurately will amount to a misrepresenta ion or concealment, and avoid the policy 5, p. 3577^ § 2097 requirement may be waived by insurer treating policy as valid after he learns that true nature of interest has not been stated ^ p 3873, § 2097 construction of dififerent words and phrases as to title. .5, p. 357S, § 2093 statements as to amount of encumbrances on property ma- terial, and if false will avoid the policy 5, p. 3532, § 2099 where general statement is given, and the poliny is issued on this, it will be valid, even though specific amounts were called for, but not given 5^ p, 3533^ § 2099 where number and amount of encumbrances are stated, they must be stated correctly 5^ p 3,-;83 § 0399 what is or is not "encumbrance" within a policy 5, p. 3583, § 2099 whether policy mentions overvaluation as ground of forfeit- ure or not, simple overvaluation standing alone will not avoid policy.. 5, p. 3584, § 2100 overvaluation must be so gross as to raise presumption of fraud in applicant 5, p 3584, §2100 overvaluation in open policy of insurance immaterial.. . .5, p. 3585, § 2100 provision that nothing shall be done or no alteration made on premises so as to increase the ri^k, effect of. . .6, p. 3536, § 2101 what is and what is not an increase of risk 6, p. 3533^ § 2102 6596 INSURANCE. Insurance— (Continued.) without express condition, alteration which is mate* rial, and which will increase risk, will avoid policy 5, p. 3589, § 2103 alteration which does not increase risk, and not prohibited by policy, will not afifoct it 6, p. S.'SO, §2103 policy is not atfected by change of tenants 6, p. 359D, § 2103 where it is agreed that certain speci ied alterations shall avoid policy, question of materiality to risk irrelevant 6, p. 3590, § 2103 no excuse that alteration was made by tenant without authority 5, p. 3590, § 2103 what are and are not " alterations " 5, p. 3590, § 2103 property described as dwelling-house, not representation that it is occupied, or will continue to be so 5, p. 3591, § 2104 fact that house described as occupied becomes after- ward unoccupied does not avoid policy 5, p. 3592, § 2104 where policy provides if premises become vacant or unoccu- pied insurer shall be notified, or not liable, want of notice of non-occupation will avoid policy 5, p. 3592, § 2104 is immaterial that assured may have striven diligently to keep them occupied 6, p. 3592, § 2104 construction of phrase "vacant and unoccupied " 5, p. 3593, § 2104 provision is waived by insurer, when 5, p. 3594, § 2104 other prohibitions as to use of premises 5, p. 3597, § 2105 keeping hazardous articles 5, p. 3597, § 2105 using building for unlawful purpose 5, p. 3597, § 2105 occupied as "boarding-house" 5, p. 3597, § 21 05 occupied as a "tavern-keeper" 5, p. 3597, § 2105 conditions against running mill "extra hours" 5, p. 3598, § 2105 building appropriated to "hazardous vocations'' 5, p. 3.")98, § 2105 keeping petroleum, camphene, etc., on premises 5, p. 3598, § 2105 storing or keeping gunpowder 5, p. 3599, ^ '..'105 keeping fireworks on premises 5, p. 3599, § 2105 requirement that watchman be kept on premises. . . .5, p. 3G00, § 2105 provision against smoking or carrying open lights. . ..5, p. 3G00, § 2105 keeping "hay pressed in bales" 5, p. 3G00, § 2105 customary use of premises always permitted, although policy may prohibit the particular use 5, p. 3G03, § 2106 alienation of property nullifies claim which insured has. 5, p. 3603, § 2107 alienation of property, if absolute, works forfeiture, whether stipulated in policy or not, if property is out of pos- session at time of loss 5, p. 3fi03, § 2107 alienation, to work forfeiture, must be by party insured. 5, p. 3G03, § 2107 alienation of part of property will affect risk on whole, premium paid being for entire risk 5, p. 3603, § 2107 farther effects of alienation of property insured &> p. 3604, § 2107 INSURANCE. 6597 Insurance— (Continued. ) what is and what is not an "alienation" 5, p. 3G0S, § 2103 what is a "transfer" of property insure 1 5, p. 3f;()3, § 210!) what is a "change of title" in property insured 5, p. SOOS, §210!) "change of occupancy," construed 5. p. 3Gt)0, § 210!) "change of possession," construed 5, p. 3 ,09, § 2103 provision that insurance shall cease if property is levied or taken into custody or possession, does not include a technical levy without change of possession. . .5, p. 3G11, § 2110 nor a wrongful levy 5, p. 3C1I, §2110 nor issuance of execution on judgment for mechanio's lien and notice of sale of property 5, p. 3011, § 21 10 where doubtful what goods or buildings or places are cov- ered by policy, doubt will be resolved against insur- ers; evidence admissible to resolve doubt 5, p. 3G11, § 2111 where property is insured as " contained in" certain build- ing, or in certain [art of builling, policy will cover only such property as is at time contained in build- ing 5, p. 3G11, §2112 customary and reasonable use of property insured is per- mitted by insured 5, p. 3G12, § 21 12 wearing apparel burned while worn away from housp, insurer liable 5, p. 3G12, §2112 damage by fire for which insurers are liable includes: damage by heat or by scorching of paint, cracking of glass, blistering of pictures and furniture, where the fire itself has not reached tlie articles 5, p. 301.% § 21 13 damage by water in extinguishing the fire 5, p. .3013, § 21 13 theft of goods or mislaying them 5. p. 3U14, § 2113 damage to goods by breakage in attumpting to save or re- move them 5, p. 3GI4, §2113 loss by spontaneous combustioi* 5, p. ."Wl I, .^ 21 13 damage by smoke 5, p. ofiU, §2113 loss by an explosion causing fire 5, p. 3U14, g 2113 voluntary destruction of building by exploding guiipnvdcr by a ithorities to prevent spread of fire 5, p. 3G15, § 2113 insurance against fire does not include: damage to articles in process of manufacture by fire used for the manufacture 5, p. 3616, §2113 loss by concussion caused by explosion 5, p. 3G 15, § 2113 loss by exi^losion of steam-boiler not causing any fii-e 5, p. 3GI5, §2113 loss by " lightning," what is 5, p. 3314, §2113 loss by "explosion," what is 5, p. 3015, § 2113 "invasion, or any military or usurped power," includes what .. 5, p. 3G17, §2114 what is loss by " mobs or riots " 5, p. 3618, § 2114 6598 INSURANCE. Insurance -(Continued.) when building shall " fall " except oa result of fire, Insurance ceases . 6, p. 3618, § 21 13 what is a fallen buildin;;; 6, p. 3G19, § 2115 fire insurance policies are not assignable without consent of insurer 6, p. 302(5, §2119 policy does not pass to purchaser of property 6, p. 3023, § 2119 policy issued to assured, " their executors, administrators and assigns," may bo assigned without transfer of property, and without consent of insurer 5, p. 3020, § 2119 mode of assigning policy after insurer's consent given. .5, p. 302(5, § 2119 •what is and is not an *' assignment " of policy 6, p. 3027, § 21 19 rights of assignee of policy 5, p. 3023, § 21 19 prohibition of assignment without consent applies only to assignment before loss 5, p. 2328, § 2119 prohibition of assignment after loss invalid and void. . .6, p. 3()2S, § 2119 consent of insurer to assignment may be given how. . . .5, p. 3029, § 2120 (c.) Life Insurance. wager policy of insurance on life not permitted 6, p. 3031, § 2121 parson must have interest in life insured 5, p. 3031, § 2121 claim need not be a legal one; equitable claim sufficient. 5, p. 3032, § 2121 interest need exist only at time policy taken out 5, p. 3033,' § 2121 who have and have not "interest" in life of another. . .5, p. 3033, § 2121 woman engaged to be married to man 2, p. 1283, § 095 person making insurance on his own life, may make any one ho pleases beneficiary; latter not obliged to show in- terest in his life 5, p. 3(5.30, § 2122 £alse statement as to health of applicant avoids policy. .5, p. 3030, § 2123 construction of words and phrases in application as to health and disease 5, p. 3637, §2123 "complaints " — •' disease of the liver or throat " — " disease tending to shorten life " — "epileptic or other fits" — " good health" — "local disease " — " serious or severe illness"—" disease " 5, p. 3037, § 2123 warranty that insured is of sober and temperate habits. 5, p. 3()39, § 2124 that applicant was habitual drinker avoids policy 5, p. 3039, § 212'4 if answer in fact untrue, policy void, though made in good faith, and with no intention \'~ defraud 5, p. 3039, § 2124 if true at time made, subsequent habits of insured no bar 5, p. 3610, §2124 construction of "family physician" — "usual medical attend- ant" 5, p. 3641, §2125 untrue statement as to age will avoi 1 policy 5, p. 30 12, § 2 126 as to relationship will avoid policy 5, p. 3042, § 21C7 as to occupation will avoid policy 5, p. 3043, § 2123 recovery on policy of insurance denied when contrary to public policy 5, p. 3043, §2129 INSUBAKC£. 6599 Insurance— (Continued. ) aa when insured commits suicide 5, p. 3644, § 2120 or dies by hand of law 6, p. 3(M4, § 2129 when death rejult of attempt to commit abortion 6, p, 3G44, § 2129 construction of "commit suicide" or die by his own hand 6, p. 3645, §2130 effect of insanity on forfeiture in po'icy of life insurance when insured commits suicide 6, p. 3045. § 2130 what is " death by the hand of justice " 6, p. 3517, § 2131 what is " death in violation of law " 6, p. 3U47, § 2132 construction of " death while in military service"; '* war and rebellion "; " btUigerent forces " 5, p. 3649, § 2133 that insured died from intoxication or intemperate lial)it3 no defense to policy, unless so declared 5, p. 3G49, § 2134 if policy void when insured shall die by reason of intem- perance, intemperance must be paramount proximate cause of death 5, p. .-^049, §2134 not enough that insured addicted to habits of intemperance priorto death 5, p. 3049, §2134 restrictions on residence and travel are valid, and insured going beyond limits avoids policy 5, p. 3f>>l, § 2133 construction of permits to travel 5, p. 30 ")1, § 2133 amount of recovery in action on life policies 6, p. 3052, § 2136 And see Damages. non-forfeiting policies; rights under 6, p. SG.'S, §2137 life insurance policies are assignable 5, jj. 3055, § 2133 when policy not assignable 5, p. 3050, § 2138 right to change beneficiaries 5, p. 3G50, § 213S assignment of policy to person having no interest in life of insured, valid 5, p. 3GGO, § 2139 (d.) Accident Insurance. death by "accident," whnt is 5, p. 30G2, § 2140 traveling in public or private conveyance, construed. ...5, p. 3005, § 2141 what is and is not within exception as to death by "dis- ease" 5, p. scGft, §2142 ^ or "poison ". 5, p. 3000, § 2142 in action on accident policy contributory negligence of in- sured no defense unless expressly so stated 5, p. 36C7, § 2143 ordinary negligence will not vitiate policy which stipulates that company will not be liable for willful and wanton exposure to unnecessary danger 5, p. 3oC8, § 2143 what is "voluntary exposure to unnecessary danger" — " self-inflicted injuries " 5, p. gceS, § 2143 change in occupation of insured does not avoid policy, un- less so stipulated, or unless liability is restricted by contract to accidents occurring in course of occupa- tion specified 5^ p. 3670^ §2144 6G00 INSURANCE. Insurance— (Continued.) Btutument by insured in application as to occupation, not wavranty tliere shall be no cliange in o(!cupatioii..6, p. 3G70, § 2144 change of occupation on part of person iusured ddes not mean ungual change 6, p. 3G70, § 2144 conntruution of " total disability " in policy 6, p. 3G70, §2143 (e.) Mutual Insunincc. status of mutual insurance companies 0, p. 3072, § 2146 what is capital stock of 6, p. 3072, §2146 may borrow money and give note to pny losses 6, p. 3G73, § 2140 that i)olicie8 are issued for cath on short time docs not nmke them stock policies 6, p. 3G73, § 2146 premium note", what are, and rights on 5, p. 3G73, § 2147 stock notes, what are, and rights on 6, p. 3(>73, § 2147 security notes, what are, and rights on 6, p. 3G74, § 2147 no defense to suit on stock note by creditors, that charter has been illegally changed 6* p* 3G73, § 2147 change in charter will, as to the company, discharge previous subscribers who do not assent to change', from liability to pay future assessments 8, p. 3G74, §2147 premium note absolute on its face cannot be treated as a stock note by company 5, p. 3G74, § 2147 one who takes out policy becomes meml)cr, and is bound by provisions of charter and by-laws 5, p. 3074, § 2148 acts of otficers within their powers binding on him 6, p. 3074, § 2148 records of company are evidence for or against him. . . .5, p. 3074, § 2148 cannot deny existence of company or its regularity. . . .5, p. 3G74, § 2148 not bound by by-law or other act of company passed with- out consent 5, p. 3G74, § 2148 not liable when he i.^i induced to become member by fraudu- lent representations 5, p. 3G75, § 2148 members only are liable to assessments 5, p. 3675, § 2149 assignees of policy who have not made themselves members by .agreement not liable 5, p. 3G75, § 2149 liability of member continues as long as he continues mem- ber 5, p. 3G75, § 2149 not affected by fact that policy is voidable by his own act 5, p. 3175, § 2149 maker of premium note liable for losses, whether occurring on cash premium or note premium policies, fund pro- duced by cash premiums having been exhausted. 5, p. 3675, § 2149 insolvency of company no defense to action upon premium note 5, p. 3675, §2149 nor that corporation had made false and fraudulent repre- sentations concerning its solvency 6, p. 3675, § 2149 that company had not complied with statute a good defense to premium note 5, p. 3676, § 2149 INSURANCE. 6G01 Insurance— (Continued.) caucollfttion of policy and note disclmrgea member from all liability 6, p. SGTfi, §2140 cfTect of insolvency of maker of premium note 6, p. .'!il7t!, § iMI!) that contract was illegal disclmrges maker of note 6, p. 3U7i;, i? 'J!49 policy delivered, liut ineHectiiul because never counler- siyneil, premium note also invalid 6, p. 3(i7G, § 2149 aaaessmcnt after forfeiture of pulicy, made with knowh ilge thereof, waiver of forfeiture 5, p. 3G77, § 2149 assessment for h>s9es occurring after forfeiture, made by company with knowledge of forfeiture, cannot be en- forced 8, p. ;]G77, § 2149 power of company to make assessments, and liability of members 6, p. 3078, § 2150 status of benelit societies and rights and liabilities of meni- hers 6, p. 3080, §2151 (f. ) Marine Insurance. marine insurance, what is, the contract 6, p. 3083, § 2152 who has insurable interest 6, p. 3C83, § 2153 freight, meaning of, insurance of 6, p. 3(i85, § 2154 when risk on sliip commences and ends 5, p. 3GS7, § 2155 when risk on goods commences and ends 6, p 3()'88, §2156 marine insurance covers only sea perils 6, p. 3()89, § 2157 what property not covered by policy 6, p. 3089, § 2158 insurance against capture 5, p. 3G90, § 2159 barratry, what is 6, p. 3Gf»0, § 21G0 construction of policy, meaning of words 6, p. 3G01, 4! 21G1 contract of marine insurance construed by usage 6, p. 3()!)2, §2102 meaning of words in policy exidaiued by usage 6, p. 3G92, § 2103 concealment, effect of 6, p. 3093, § 21G4 what insured bound and what not bound to disclose. ...5, p. 3G',»4, § 2105 representations and warr.inties 6, p. 3()95, §2106 representation may be implied 5, p. 3G9G, § 2! G7 warranty of seaworthiness 6. p- 3G96, § 21 (iS warranty of neutrality 5, p. 3()!)9, § 2109 deviation and delay, effect of 5, p. 3700, § 2170 when deviation excused 5, p. 3701 , § 2171 actual total loss, what is 5, p. 3703, § 2172 constructive total loss, what is 5, p. 3704, § 21 73 reshipping cargo, liabilities of insurer 5, p. 3704, § 2174 insurance free from average — memorandum articles.... 5, p. 3705, § 2175 abandonment defined, when permitted 5, p. 3706, § 2176 fifty per cent, damage, how estimated 5, p. 370?, § 2177 sale by master 5, p. 37C9, § 2178 capture v letention by hostile forces — embargo 5, p. 3710, § 2179 abandonment of cargo 5, p. 3710, § 2180 freight — total and constructive loss — abandonment 5. p. 3711, § 2181 6602 INSURANCE. Insurance— (Continned.) abandonment must be unconditional uml entire 5, p. 3712, § 2182 at what time made 5, p. 371.:;, §218.'] notice of abandonment 5, p. 37 1.'^ § 2IS4 acceptance of abandonment 5, p. 37 1 't, § 2183 not defeated by subsequent events 5, p. 3714, § 21S6 effect of abandonment; assured's intcest passes to in- surer 5, p. 3715, §2187 abandonment, effect of as to freight 5, p, 37 Hi, § 2183 insured's agents become insurer's agents 5, p. 371(5, S 2189 waiver of abandonment 5, p. 3716, § 2190 rights of owner omitting to abandon 5, p. 3717, §2191 liability of insurer refusing to accept 5, p. 3717, § 2192 meai^ure of recovery, valuation conclusive 5, p. 3717, §2193 partial loss, measur': if recovery. 5, p. 3718, § 2194 profits 5, p. 3719, §2195 open policy — value of ship, how estimated 5, p. 3719, § 219G open policy — value of cargo, how estimated 5i P- 3720, § 2197 open policy — value of frt't;}it, how estimated 5, p. 3720, § 2193 cargo arriving damaged 5, p. 3721, § 2199 insurer liable for labor and expenses 5, p. 3721, § 2200 suing and laboring clause 5, p. 3721, § 2201 general average— contribution 5, p. 3722, § 2202 one-third new for old 6, p. 3724, §2203 (g.) Other Kinds of Irmrance. guaranty insurancj — insurance against dishonesty and negli- gence of ei.iployea 6, p. 3725, § 2204 insurance of payment of notes at maturity 6, p. 372G, § 2205 insurance against bankruptcy 5, p. 37 -'0, § 2205 insurance of rents 5, p. 3, 2G, § 3205 insuranc of titles 5, p. 372()', § 2205 insurance of animals; policies construed 5, j). 372G, § 2206 insurance against loss by storm or tempest .5, p. 3727, § 2207 insurance against birth of issue 5, p "''28, § 2203 (b.) Officers and Agents of Insurance Companies. general agent of insurance company has power to bind prin- cipal in all matters within scope of agency 5, j). 3729, § 2209 secret limitations of power do not bind strangers 5, p. 3729, § 2209 agent who has general charge of business of company for state, is a general agent 5, p. 3729, § 2209 what is and is not within implied powers of general agent before nolicy issued 5, p. 3729, § 2210 what is and is not within implied powers of general agent after policy issued 6, p. 3730, §2211 agent authorized to receive payment of premium may receive check 6, p. 3730, §2212 may waive payment of the premium 5, p. 3730, § 2212 INSURANCa —INTENTION. 6603 Insurance— (Continued.) may request insured to keep money until the policy *''"V'^s 5^p, 3730, §2212 may agree to be responsible to the comimny and accept ap- plicant as his personal debtor 5, p. 3730, § 2212 maygive credit for the premium 5, p. 3730, §2212 may receive the premium before due 5, p. 37,!0, § 2212 has no authori'y to accept a horse instead of money. . ,5, p. 3731, § 2212 cannot agree with creditor of his, that his debt to the com- pany be set off by his personal debt to apj.li- l^^n* 5, p. 3731, §2212 authority of agent of insurance company to accept no- t'^^e 5, p. 3731, § 2213 authority of agent of iuburance company to waive forftit- "■^cs 5 p, 3732, § 2214 power of agents of mutual insurance companies 5, p. 37,33, § 2215 power of local or special agents 5, p. 'S~:U, g 2216 power of medical examiner 5, p. 3734, § 2216 power of adjusting agent 5, p. .3734, § 2216 power to appoint sub-agents and clerks. 5, p. 37;!4, § 2217 authority of sub-agents and clerks 5, p. 3733, § 2217 company is liable for acts and defaults of its agent, notwith- standing policy or by-laws of company state that agent is deemed agent of insured 5, p. 3735, § 2213 insurer is bound by false representations of its agent. . ,5, p. 3730, § 2219 insurer is liable for mistakes or omissions of its agent. .5, p. 3737, § 2220 general agent of insurance company cannot delegate his authority Ip, £7, § 27 usage may fix measure of compensatien of insurance agents... l^p. i43^§ 95 general agent, discharged for failure to account, has no in- terest in premiums thereafter to be collected on pol- icies issued through his agency 1, p. 147, § 9,) insurance brokers defined ' , pp. 390 to 3!)3 8 222 authority of 3 pp. 390 to 3U3,' § 222 Intention. See Contracts, 1. wrong intent no*-, essential to liability 3, p. 1710, § 1010 act intended, but lot accomplished, not actionable 3, p. 1710, § 1010 act not a legal injury does not become so because of wrong ^^^^^^^ 3, p. 1710, § 1010 intent to do injury essential in assau't and battery 3, p. 1S07, § 1053 in Blander and libel, intent with which words were used irrelevant 3^ p. 2177, § 1224 if transaction not usurious, fact that it was intended to be irrelevant. 5^ p. 4070, § 3447 notice of intention to abaie nuisance must be given. . . .3, p. 1759, § 1033 6604 INTEREST, Interest. See also ^foRTOAGES, 8; Usury. interest is payable by contract express or iinpHed, or as damages 5, p. <05J, §§ 24r?4, 2435 latter not recoverable as distinct debt 5, p. 4055, § 243^ interest is payable in same kind of money as princi- pal 5, p. 40.-5, §2434 state is not bound to pay interest 5, p. 4055, § 2434 interest may become piyable by usage 5, p. 405fi, § 2436 interest when allowed in absence of express contract. . .5, p. 405G, § 2437 interest when not allowed in absence of express con- tract 5, p. 4^58, § 2t37 at what time interest commences to run 5, p. 4050, § 2i;?S interest is recoverable on judgments, when. . , 5, p. 40G2 § 2439 statutory interest in the different states 5, p. 40G3, § 2440 where rate of interest is changed by law, it does not affect contracts entered into before change 5, p. 40G3, § 2440 statute providing for interest on debts not before drawing interest unconstitutional as to debts contracted be- fore passage 5, p. 40G4, § 2440 ■what is • ' legal interest " in statute 5, p. 4034, § 2440 liability of trustees, partners a.id executors for interest on money in their hands 5, p. 4064, § 2441 liability of bailees, agents and pnl)lic officers 5, p. 40G7, § 2441 rate of interest after maturity, conflict 'a the decisions as to correct rule 5, p. 4063, § 2442 compound interest may be allowed by usage 5, p. 4('G!), § 2443 contract to pay compound interest is valid 5, p. 40G9, § 2443 what will and will not bar or suspend the running of inter- est 5, p. 4070, §2444 payments made on account; rules for calculating and apply- ing interest 5, p. 4072, § 2415 taking of, by n!«tional banks 2, p. 8Sf), § .TIS when law of state governs 2, p. 8S9, § 518 effect of tdving usurious interest by national banlv 2, p. 80"), § 518 bank not liable for, on deposits, when 2, p. 918, § 526 implied power of bank to deduct interest in advance. . .2, p. 85!), § 511 certificate of deposit niiiy carry interest 2, p. 959, § 535 bank not chargeable with interest on sums deposited to creilit of customers to be drawn against by check, until payment demanded 2, p. 918, § 526 provision in a charter granting privilege of charging greater interest than general laws allow, unconstitutional 1, p. 600, § 333 agent liable for, on principal's money when he retains it after time when he should have paid it over 1, p. 133, § 89 or where he otherwise improperly withholds it from prin- cipal 1, p. 133, § 89 INTEREST— INTOXICATING LIQUORS. G605 Interest— (Continue*! . ) or where be has employed it for purpose of gain for him- ,,^^'^•••••• l.p. 133,§ 89 agent keeping the money by him to p,y it over when p. in- cipal calls for it, not liable for 'uterest 1, p. 133, § gj) when partners contribute to the capital in unerpial prq-or- tions, interest does not run in favor of citlier upon his ,. ,.,./'T 2, p. 12C9,§ CG9 liability of executor or ad ministrator for interrst on funds in his hands 2 p ITO^ § 900 plaintiff not entitled to interest on value of stocd. from "' date of injury 3. p. 2543. § 1418 interest on amount of award cannot be included in judg- nient ..... G, p. 5375. § 3401 pledge will cover interest on debt and incidental charges, and expenses necessary and proper for preservation of pledge 4 jjQQ. .^ powers of arbitrator to onler payment of interest .*.".".'.*.' 6.' p! 5314' § 3344 tender after suit stops running of interest on debt 5 p 4IS-'' § 25-^G tender after day, must include interest 5 r> 41R1 s 9-.Q9 Interpleader. o, p. 4i» j, s 2o32 agent who has collected money cannot interplead his princi- pal and third party who claims it l, p. 1345 qq interpleader not an agent for either party \..'...l,ji. OS Q . bailee may protect himself against adverse claim's' by bil ' of interpleader 4 „ ^n-- -. ,_„ Intoxicating Liquors. ' § 1131 .ho may siio-in general 3; pp. 11)52-,. Joi.' J 12 -^i:-]-^loil.e person 3. pp. 1054,950 ,i:!3 injuries o property 3, pp. 1050,057 § 1134 injuries to " means of support ". 3, p,, ,057-1902 § 1,35 exemplary d.amages, when recoverable 3, pp. 190>.19,;3 me remote dam.ages not recoverable 3, pp. , 0,3. , ,, ' % ^J evidence in mitigation of damages o „ ,„/.- ^ , l.i cvi.lonce in genera! . 3 " ' ' ' jj^^'^. \f:l' ^ ^^"^ ^liatauestions for court, what for ju'ry. ';;;;;;;.;.!! 3. p.'lOOS.' S IJ'o defenses 3. pp. 19G8.,970, § ,,41 LAWB0NR.'&k!r4ai'. ^' ^^' I^'OIO'-^ § 1142 6606 INTOXICATING LIQUORS — JOINT LIABILITIES. Intoxicating Liquors —(Continued.) master civilly liable to statutory penalty for illegal sale of intoxicating liquor, by bis servaut without hia knowl- edge 1, p. 502, § 291 contracts with intoxicated persons, when voidable 5, p. 30S5, § 2391 will made by intoxicated person, when and when not valid 6, p. 5143, § 31C5 intoxication no defense to action of slander 3, p. 17C7, § 1010; 3, p. 2305. § Il'SO as contributory negligence 3, p. 2111, § 1202 that driver of carriage was intoxicated relevant on the ques- tion of care 3, p. 2043 n, § 11C7 condition tliat grantee shall not use or suffer premises to be used for manufacture or sale of intoxicating liquors valid 6, p. 4507, § 2765 intoxicating liquors kept by assured for illegal sale, may not • be insured 5, p. 319C, § 2043 "I.. O. XJ." and due bills, containing no promise to pay, not promissory notes 4> P- 25S9, § 1458 Irr€ gularities. See JuoiciAi. Sales. Irrigating Companies. are common carriers 4, p. 30S2, § 1792 Joinder of Parties. See Pleading and Practice. Jail. right of attorney to visit his client in person 1, p. 227, § 137 Joinder. of action and defenses, see Pleadino and Practice, 78. of parties, see Plkadino and Practice, 9-11, Joint and Several Liabilities. 1. In General. 2. Contracts. 3. Torts. 4. Payment, Discharge, Release and ItlERGEH, 1. Ill General. implied powers of corporation to become joint owner of ferry 1, p. C54, § 3S7 accord and satisfaction between joint creditors and debt- ors 5, p. 4230, § 25C7 partnersliip debt several as well as joint 8, p. 12(J8, § 684 all of several co-trustees must join iu exercising duties of trust 4, p. 3468, §2031 majority of trustees in care of public trusts may bind all 4, p. 3468, §2031 liability of one trustee for acts and defaults of co- trustee 4, p. 3469, §2031 JOINT AND SEVERAL LIABILITIES. CG07 Joint and Several Liabilities— (Continued.) 2. Contracts, each person is liable on joint contract made by him.. . .5, p, .•5074, § "ns;? illustrations of joint contracts , 5^ p, 39^4] g ojjs.^ upon death of one of several joint contractors, legal liability under contract devolves on the surviving; joint con- tractors or joint contractor 5^ p. 3375^ g 5333 partnership contrajt is several as well as joint, and estate of deceased partner liable 5^ p, 39- g 2333 recovery against one obligor on joint bond, witliout sritisfac- tion, no bar to subsequent action a^aiust his co- .., °^''"°^ ° 5. p.307.",§m3 joint promisee must join in enforcing contract 5, p. 31)7fi, § 23S4 when covenant considered j..iiit and when several 5, p. 3970,' § 2384 all of several joint obligees must join in assignment of joint "^^'Sation 5, p. 3976, § 2384 persons may bind themselves severally for same matter, so that creditor is entitled to claim whole debt or per- formance against each debtor separately 5, p. 3977 § 2383 one person may bind himself to each of several persons for same debt or matter, so that each person is separately entitled as creditor to claim whole debt or perform- *°°® 5, p. 3977,§23S5 persons may enter into concurrent contract respecting same matter, binding themselves jointly as one party, and also severally as separate parties, at same time. .5, p. 3973, § 2386 test whether contract is joint or joint and several 5, p. 3979, § 2387 joint guardians, rights and liabilities of 2,' p. 1553^' § ggg drawers and indorsersof bill jointly and severally liable.4, p. 2GG^,' 'j 1521 heira of deceased surety on guardian's bonds not liable jointly with principal on bond 2, p. 1C02, § 885 joint badors and joint bailees, rights and liabilities of . .4, p. 2942^ § 1720 J. Torts. liability of joint wrong-doer •, 3, p_ 17(57^ § ^qh liability of plaintiff in writ for act of officerj. 3, p. 1770' § 1042 liability of otlicer for acts of deputies 3^ p. 1772 § I043 intentional wrong-doers are liable jointly and severally.3, p. 1773, § 1044 judgment is for single sum against all the parties pr.,ved guilty of tort 3_ p, 1774, § 1044 damages for separate trespass of one of two defendants can- not be included in a joint judgment againct , . ^otl\----; 3, p. 1774,§1044 bringing suit against one or more wrong-doers, no bar to new suit against others 3, p, 1774^ § 1044 nor is covenant not to sue 3^ p_ 1774 g jq^^ obtaining of judgment until satisfaction is made, no bar to action against wrongdoer 3^ p, 1774^ g 2044 6608 JOINT AND SEVERAL LIABILITIES. Joint and Several Liabilities— (Contlnucil.) accepting satidfactiun from one joint wrong- Jocr is a bnr as toall 3, p. 1773, §1044 a release of one joint wrong-doer a release of all, tliongli re- lease stipulates that others shall not be did- chargod 3, p. 1773, § 1044 plaintiff taking judgment a;^ainst one wrong-doer, for lo-s than he might have recovered, cannot sue another of joint wrong-doers 3, p. 1775, § 1044 no contribution allowed between wn.ng doera 3, p. 1770, § 1045 aliter where wrong doing was unintentional 3, p. 1778, § 1045 for injury sustained in same enterprise, wrongdoers not lia- ble to each other 3, p. 1779, § 1046 under " civil damage " laws all persons w ho contributed to intoxication liable 3, p. lOlS § 1130 joint owners of an animal are liable jointly 3, p. 2193, § 13S1 separate c wners of several animals are not jointly liable for injuries done by them all at fame time 3, p. 2193, § 13S1 two joint owners of vicious animal are each bound to re- strain him 3, p. 2493, § 1331 all persons concerned in originating and carrying on mali- cious prosecution are jointly and severally lia- ble 3, p. 1S93, § 1099 for libel in newspaper, editor, author, publisher, proprietor and i^rinter, all liable, jointly or severally Q, p. 2197, § 1238 action for verbal slander of title to land cannoi bo main- tained against two persons jointly 3, p. 2291, § 1277 for continuing nuisance, lessor, assignee of lease, lessees, and sub-lessees are jointly liable 0, p. 4830, § 2977 4. Payment, Discharge, Release and Herder. payment to one of several joint creditors discharges debt as toall 5, p. 4205, §2344 payment by one of co-debtors discharges all 5, p. 4205, § 2544 payment of half debt by one of two joint and several debt- ors does not release him 5, p. 4205, § 2344 prima facie note of one debtor is no discharge of joint debt 5, p. 4205, §2544 release of one of several debtors jointly, or jointly and sev- erally, liable for same debt, releases all 5, p. 4211, § 2373 even where release contains proviso that other debtor shall not take advantage of it 5, p. 42ll, § 2378 release of one co-dubtor may reserve right against the other debtors 6, p. 4241, § 2378 covenant not to sue one of co-debtors jiintly, or jointly and severally, liable, does not release other debtors. ,5, p. 4241, § 2378 release by one of co-creditors jointly entitled to debt dis- charges debtor as to all 5, p. 4241, § 2378 JOINT AND SEVERAL LIABILITIES — JUDGES. GG09 Joint and Several Liabilities— (Co;iinilfl only property attached, although judgiiioiit may, in form, he in personam 7. p. 5475, § S.^OO oCToct of jud^^niLMit in attauhincnt aftur aervice by puhliea- tioii only 7, p. .'5470, § r)03 dissolution of attiichmout — by judgmont for defendant. 7, p. 55G4, § 3583 attachment not C()n:4umm;ited until judgment — judgment for defundant dissolves it 7, p. 6543, § 35G9 judgment ngainst defiiulivnt necessary before judgni'jnt against garnishee 7, p. 5597, § 3016 judgment for plaintilF for value of property in trover and conversion veatj title in jdaintiff, when 7, p. 5718, § 3078 judgment for conversi(m of cliiv'ttls bars action for other chattels taken by aame act 7, p. 5710, § 3078 requisites and efTect of judgment or decree for parti- tion 6, p. 44GG, § 2738 judgment is for single sum against all the parties proved guilty of tort 3, p. 1774, § 1044 damages for separate trespass of one of two defendants i^an- not be included in a joint judgment against both. 3, p. 1774, § 1044 obtaining of judgment, until satisfaction is made, no bar to action against joint wrong-doer 3, p. 1774, § 1044 plaintiff taking judgment against one wrong-doer for less than he miglit have recovered, cannot sue another of the joint wrong-doers 3, p, 1775, § 1044 guardian's settlement and discharge res ndjinHciita 2, p. 1597, § 883 order admitting person to practice law and adjudication of "good moral character " at that time 1, p. 207, § 127 8. Forciijn Jiiihjmoits. constitutional provision th.at full faith and credit shall bo given to jmlgments of sister states 7, p. 5965, § 3795 competent to hhow that judgment is invalid for want of juris- diction in court rendering it 7, p. 59GG, § 3795 anything that goes iu release or discharge of judgment may be shown 7, p. 59GG, § 3795 Btatute of limitations of state where suit brought will be available 7, p. 5906, § 3795 where court rendering the judgment had no jurisdiction over person or the subject-matter, judgment void 7, p. 5966, § 3795 power of court to correct fraud in foreign judgment. . ..7, p. 5960, § 3795 Judicial Notice. See Evidence, 3. Judicial Proceedings. defects or irregularities in judicial proceedings may be cor- rected by retrospective laws 7, pp. G0S9 G090, §§3868-3809 pleadings and other papers filed by parties in course of judi- cial proceedings are privileged 3, p. 2311, ? 1 287 JUDICIAL PROCEEDINQS— JURISDICTION. CC15 Judicial Proceedings -(Continued.) words Hpokea by couiiscl i.i judicial proceedin«8 priv- ,,. ""S*^'^; 3, p. 2314, § 1288 publication of reports of judicial proceeding's are privileged, . ., ^^^^ 3, p. 2344, §1298 privilege extends to proceedings in the nature of trials be- furo volautary associations 3 ,, 0344 § POS Judicial Sales, » i- - is - See COTKNANCY; MORTOAOES, 9. title to land may be acquired by q^^ 4413^ §2702 doctrine of adverse possession does not apply to judiJial , f"'*'^ 6. p. 4413, §2702 dower barred by judicial sale 2, p. 1418, § 773 power of probate court to order sale g, p. 10:51' j 936 hearing of petition for 2,' p. 10()1, § 937 requisites of order of sale 2 p. KUil' § 933 natureof sale !.' ." '2,' p". I(i02,' § 03!) whatmay be sold g p igg., g j^^q who must make sale 2, p. I(i(i3, § 941 only money receivable 2, p. IGliS^ § 942 bidders and " puffers " at judicial sales 2, p IGl."/ § 943 bonds given before sale 2, p. lG(i3.' § 944 order of sale must be followed 2, p. 1(104, § 94.-) court may set aside sale a, pp. IGG4", IGGo; §3 94G, 947 irregularities in sale g, p. IGCS, § 918 conhrmation of sale 3^ pp. igu,>]GG7, § 949 when sales valid o „ ,,.,.7 « „.„ <«, p. 1 01)7, s 9oO when sales void o „ ut? « n-i Jurisdiction. See Admiralty; States. 1. State and Federal Coukts. 2. Equity Jurisdiction. 3. Miscellaneous. 1. State and Federal Courts. jurisdiction of the feder.al courts 7^ „ 5949 e g-gg conflict between state and federal courts '. .7, \>. 5930,' § 37SG state court has jurisdiction of action against national b.mk to recover penalty for unlawful interest 2, p. S90, § 513 to set aside fraudulent mortgages of chattels is in state . . ,.T*'VV; 6, p. 5027, § 3091 jurisdiction of the federal courts in patent cases 4 p ''SS'^ § 1CS9 of the state courts 4, p. 2SS.-); § 1G90 state courts have jurisdiction in trade-mark cases 4, p. 2SG1 § 1G49 of courts in copyright cases 4, p. 281 1^ § 1G"4 of state courts in suits against national banks 2, pp. 890, 891* § 513 2. Equitij Jurisdiction. ' courts of equity have exclusive jurisdiction over *™'*' 4, p. 3375, § 1979 GG16 JURISDICTION — JURY. Jurisdiction— (Continued.) jurisdiction in cfjuity over trusts not ousted by fact that there exists adequate remedy at law 4, ^ 3375, § 1070 a court of ecjuity alone can compel a trustee to execute or surrender trust 4, p. 3375, § 1970 jurisdiction of equity over charities and charital)'.e trusts. 2, p. 1130, § G24 over religious sooietios 2, p. 1120, § 620 in actions by or against executors or administrators. .2, p. 1G83, § 9C6 suits by or against executors and administrators in foreign jurisdiction 2, p. ICSl, § 965 jurisdiction oi equity to decree specific performance 5, p. 4251, § 2583 to relieve against forfe.'t.ires by breach of conditions in dee la when 6, p. 4518, §2772 to order partition 6, p. 4454, §2732 eciuitj has uo jurisdiction of attachment proceeding. . . .7, p. 5475, § 349i> 3. Miscellaneous. voluntary appearance of foreign corporations con "era juris- diction...,, 1, p. 621, § 351 writ issued by officer not having jurisdiction void, and no protection to person issuing it 7, p. 5526, § 3552 al'Uer where wrongfully issued by court that has jurisdic- tion , ....7, p. 552G, §3552 Jury. trial by jur^ required by federal constitution in common-law suits 7, p. 5957, § 37S9 this provision does not apply to state courts 7, p. 5957 n, § 3789 what are suits at " common law " 7, p. 59o8, § 3780 party may waive his right to trial by jury 7, p. 5958, § 3790 if he waive it, lio cannj*: afterward claim it as right. . .7, p. 595S, § 371)0 can waive his riglifc oiiiy in mode specified by statute. . .7, p. 5958, § 3790 statute that trial by jury shall be considered waived if not demanded, vai;d 7, p. 5958, §3790 in what cases aud actions trial by jury may be demanded as of right 7, p. 5959, § 3791 in what cases aud actions trial by jury may not be demanded as a right... 7, p. 5950, § 3792 in i)roceedings to compel tr.insfer of stock 1, p. 774, § 466 in summary proceediugs against attorney 1, p. 224, § 1.34; 1, p. 317, § 195 what statutes do and do not interfere with such riglit .7, p. 5962, § 3793 verdict will not be set aside because one juror Mas in- fant 2, p. 1497, § 824 libels on jurors when actionable 3, p. 2277, § 1209 action will not lieforl bel on grand jurors' ^.resentment. 3, p. 2311, § 1286 ignoring of bill by grand jury evidence of want of probable cause 3, p. 1877, §1094 consultation of jurors in jury-room privileged 3, p. 231 1, § 1286 JUHY — LANDLORD iJNT* TENANT. GG17 Jiiry— (Continued. ) exemption from jury service unconstitntional wlicn 7, p. nSOf), § 3757 attorney exempt from scrviug as juror 1, p. '22S, § 140 Justice of the Peace. See Judges. ill actions Lcfore, tcclinical rules of pleading not cn- foi^ceil 3, p. 2511, §1410 oflicc of attorney not known injustice's court 1, p. '20o, § 123 Labo~ ey . traveling salesman not a " liiborcr" 1, p. s^l, § 499 nor secretary and bookkeeper 1, p. s.T, § 4!)9 nor assistant chief engineer of railroiul 1, p. 8.'$7, § 49D nor a contractor to prepare road-ljcd of railroad 1, p. 8."7, § 499 nor a bookkeeper and general manager 1, p. S.'JS, § 499 nor one employed to iili place of superintendent 1, p. 838, § 499 Laches. may prevent rescission of fraudulent auction sale 1, p. 3S2, § 220 person guilty cl laches cannot avoid subscription to stock ob- tained by fraud 1, p. 75G, § 454 plaintiff may lose right to specific performance of eontractby unnecessary delay on his part: illustrations 5, p. 4281, § 2G15 delay in setting aside fraudulent contract may havecffict of affirming it 5, p. 3941, g 13C2 laches not imputable to party defrauded, until he has liad knowledge or means of knowlcd-^e 5, p. 3941, § 23C2 laches of i)laintiff in complaining of nuisance, wlipu a defense to action for presence of similar nuisai 3 of same kind no defense C, p. 4S78, § 3011 right to use water to injury of adjoining proprietors by ac- quiescence 6, p. 4774, §2925 owner by his laches may lose right to prevent entry of land under eminent domain 7, p. (3153 § ^ ^3 delay and acquiescence as a bar to suit for infringement of trademark 4, p. 2P57, § 1G47 lapse of time ir bringing suit for divorce bars it 2, p. 1448, § 791 lapse of time a bar to disbarment proceedings against at- torney 1, p. 005 g i3(j delay in giving notice of dishonor, when excused 4. p. 2709, § 1547 •what will excuse delay in presentment of bill or note for P»y'"eut 4, p. OCC4, § 15]S lapse of time, dissolution of agency by 1, p. fiCi § 43 express trust, as between trustee and ccntid qne trust, not barred by lapse of time as long aa trust eiista. . .4, p. 347C, § £038 Lakes. See WATErs and "Water-cocrses, Landlord and Tenant, lien (jf, see Likns, 2. 6618 LANDLORD AND TENANT. Landlord and Tenant— (Continuod.) See also Da.maoes; Distkess; I'mblements; Fixtures; Leask; Waste. 1. CnEATio.v OF Ten'an'cy in- General; Estates roB Years; AT Will; bvt SufrER^v^ca. 2. The Licase. 3. JJent. 4. CONDITION'S AND COVENANTS IN LtAPE. 5. Assignment of Lease — Sud-lettinu. 6. Ti- mi I nation os Lease— Koxick xo Quit, EiCk 7. Eviction. 8. JtEMEDTES. ?ee also Eject:«ent. 1. Creation of Tenanry in General. estate for years, what is 6, p. 4^65, §2796 pcri)etual lease, how created 6, p. 4.")G-1, § 2796 leases for ^ong terms prohilnted in some states 6, p. 45G5, § 2796 lease for years is a chattel real, and does not pass to 1 oir 6, p. 4ofi5, § 2796 but lease for 999 years is a fee on ground rent 6, p. 4565, § 2796 relation of landlord and tenant is created by contract, ex- press or implied 6, p. 45G6, § 2797 but contract must be a legal one 6, p. 4507, § 2797 reservation of rent or gross sum will constitute lease. . .6, i). 45G6, § 2797 in wh t cases relation of landlord and tenant does and does lot exist 6, p. 4567, § 2797 whether relation of landlord and tenant exists a question of fact 6, p. 4568, § 2797 whether evidence proves a tenancy a quest' in of law. . .6, p. 45GS, § 2797 tenancy is imi)]ied where one occupies land of another with his permission 6, p. 4568, § 2793 in what cases tenancy not implied 6, p. 4508, § 2798 tenant Jiolding over after expiration of term may be treated as trespasser 6, p. 4569, § 2799 or as tenant for another year on terms of former lease 6, p. 4500, § 2799 letting of land on sliares not lease 6, p. 4571, § 2800 as to crops raised, owner of land and cropper are tenants in common 6, p. 4571, ^'2800 rights of persons letting land for share of crop 6, p. 4572, § 2S0O tenant cannot dispute landlord's title; exceptions 6, p. 4581 , § 28 J7 when servi' it occupying master's house is a tenant 1, p. 481 , § 275 tenant for years during term has sole right to property. 6, p. 45SG, § 2803 landlord lias no pusse.ision which will enable him to sue in respect to leased property 6, p. 4586, § 2803 tenant has right to re-enter after expiration of term to remove Lis property 6, p. 45SG, § 23' i3 LANDLORD AND TENANT, (JGIQ Landlord and Tenant— (Continued.) has no right to make alterationa in premises during ^ ^ **^™ 6, p. 45Sn, § 2803 estate at will, what is, how createa 6. p. 4.-,S7, § "S09 rights of tenants at will q^ j,_ 453;, ^,,^q^ tenancy at will, how determined e, p. 4r,H% § 2S10 death of either party dissolve) tenancy at will 6, p. 45S3,' § 2810 tenancy construed as from year to year rather than' at , ^'t^""' 6, p. 4.-89, § 2S11 tenancy by sufferance, what is, how created 6, p. 4o8(), § 2812 death of landlord deterjnines tenancy by sufTprance. .6,' p.' 45;)o' g 2S12 lettliu' of rooms, lodgings or a-artments in buildii-g. ...6, p. 4.-)!)o', § 2S13 lun o cupier a tenant and when a lodger. ° . . .6, p. 4.")!)l| § 2813 distinction between riglits <n5, § 2815 double rent recoverable Mlicn tenant holds over C, p. 4595, § 2816 debt and covenant lie for rent due on lease 6, p. 459;), § 2817 rent recoverable in equity whrn G, j). 459G, § 2317 in what cases action for use and occupation will and will not lie 6, p. 4m, § 2813 distre s, wlieu and how perniiltcd iu the United States. 0, p. 45'.)S, § 2S19 requisites to valid distress 6, p. 45:)S, § 2319 landlord's lien by statute for rent 6, p. 4G00, g 2820 apportiuumeut of rent may bo made, in what cases. . . .6, p. 4G01, § 2321 LANDLORD AND TENANT. 6G21 Landlord and Tenant-(Continuecl.) promise to piiy rent for term not aCFected by destruction of premises by fire or other casualty 6, p. 4G02 § 2822 allter M-licre only buildiug itself or apartments are ^''^''''^ 6, p. 4G04. § 2S22 tenant noj luib'e for acciJeutal destruction by lire .;f prop *='"'y ^<^-'^«'^^^ 6, p. 4(505, § 2722 covenant to pay rent implied in lease 6, p. 40;^,"), g 2! .<7 non-payment of rent does not work forfeiture e! p. 4(i:]r)i § 2t>;i/ demand necessary to work forfeiture 6, p. 4Go j,' § 2S:)7 4. Comfiuohi and Covenants in Leases. Icisor may annex any conditions lie pleases, if not il- '•^S''^ 6, p. 4C06, § 2S2.{ but reservation or condition repugnant to estate granted is . ^'"''^ 6, p. 4G0G, § 2823 right to re enter < n breacli mnst be reserved 6, p. Mlol, % 2823 whether words make a condition or covenant G, p. 4(107, § 2S23 lessor may waive conditions in lease Mithout considera- , , *'°" 6, p. 4G07, § 2823 what condition," can only be taken advantage of by ^'^^^°'' 6, p. 4G07, S 2823 covenant is agreement under seal to do or not to do certain *'''"S 6, p. 4G07, §2824 no particular form of words required G, p. 4G07, § 2824 what covenants are implied on part of grantor of lease. .6, p. 4G07,' § 2824 what covenants are implied on part of lessee G, p. 4G(JS,' § 2S24 what covenants are not implied iu lease 6, p. 4G0si § -'S24 when express covenants are made, law will imply none upon . . samesul.ject , q ^ 4G08, § 2824 implied covenant may be qualified by express covenant. 6, p. 4G08, § 2824 equity will not iin])ly oveuant in restraint of beneficial use of property 6, p. 4G0!), § 2824 what covenants run with the land 6, p. 4(i09, § 2825 what covenants do not run with the land 6,' p. 40 1 2,' § 2.-25 what coVLMiants are usually found iu lease o' p. 4013' § 28"6 construction of agreement that " usual covenants " siiall be inserted in kase 6, p. 4G13, § 282G covenant for quiet enjoyment, couitruction and ellect ";: .••;••, 6, p. 4013. §2827 covenant to rep ar by lessor, construction and effect of .6, p. 4G1G, g 2828 covenant to ri'pair by lessee, construction and etlect of 6, p. 4G.JG, g 2838 tenant h.13 no remedy against landlord for injury from de- fective condition of premises, or from suUenng them to get out of repair !.6, p. 4Glt), § 2.VJ9 but houses must be .safely built 6, p. 4^,20, g 2829 landlord liable who knowingly leases defective build- ^"S3 g „ Anr,Q o 2S-T) G622 LANDLORD AND TENANT. liandlord and Tenant— (Continuetl.) owuor of tuuciuoiit or .ipartinent house liable for defcctivo stairways 6, p. 4020, § 2329 landlord is lial)lo for injury caused by defuctivo elevator in luildiiig 6, p. 4C21, §2S29 landlord liable fur injury in ni:iki ij^ r.-[iair3 G, p. 4G21, § liS'JO lessee caimot suo for personal injury caused by breach of agrecinent to repair williin reiioaible time 6, p. 4()21, § 2S29 landlord lial)le for not providing statutory lire esc:\pe. .6, p. 4G-3, g 2630 no implied warranty tiiat premises rented are tenantable, or lit for pur[io3es designed C, p. 4022, § 2330 maxim {•(/(•(■((< e/;i//0 to keep premises clean, and not occupy them as a saldon or a meat market . . . . , g^ p 4(;,'!f)^ § 2S?)d to use premises for storage of furniture only 6. p. 4f;;i9, § 2S.']9 to occupy premises for same purpose they are now. . .G, y. 4;i40, § '2S?,0 to use house as a private Iiouse only 6, p. 4(;40, § 2839 to use premises for particular purpose 6, p. 4G10 § 2S.'>9 not to suffer more than one family to ocoupy each 100 "cres 6, p. 4G40, § 2839 not to allow premises to be used as " beer sho])" 6, p. 4G41, § 2839 not to use premises " so as to increase lisk " of fire. .6, p. 4011, § 2839 lessee has no right to make alterations on premises.. .6, p. 4G41, § 2839 covenant to pay taxes and assessments; construction and effect of G, p. 4G41, §2340 See TAXATIo^^^. covenant to insure in lease; construction and effect of. .G, p. 4G43, § 2811 option to purchase, construction and effect of C, p. 4C57, § 2852 covenant to reside on premies G, p. 4Co7 § 28i53 covenant to furnish cows lit for dairying, "number not lim- ^^^'^'" G, p. 4G58, § 2853 covenant by lessor to sujiply seed Q^ p. 4G53, § 2S53 covenant to jwy proportionate part of expense of hcat- '"S 6, p. 4G58, §2853 covenant that landlord may, in a certain case, evict kssoe'a tenant, and then relet premises G, p. 4G58 § 2353 covenant that certain ac^s to be done by him on leased premises shall be witliout damage to lessee G, p. 4G58, § 2853 when covenants are dependent and when independent. .6, p. 4658, § 2854 illustrations of covenants held dependent C, p. 4G59, § 2S54 illustrations of covenants held independent G, p. 4059, § 2354 B, Assignment of Lease — Suhhttlnrj. covenant to assign or lub'ct lease; construction and effect «f • 6, p. 4G45, §28,3 unless restrained 1 y lease, tenant may assign his inter- ^^^ 6. p. 4C4G, § 2844 to constitute assignment, entire interest of lessee must p.iss to assignee 0, p. 464G, § 2844 where lessor leases pnrt of premises for remainder of term, this is undei lease, and nut assignment 0, p. 4G4C § 2S44 6624 LANDLORD AKD TENANT. Landlord and Tenant -(Continued.) no form of words or considoiation required in assJcfn- racnt 6, p. 4047, §2313 wUcre lease i-i reciuired hy statute to Ijo in wriling, as.-itjn- ment must bo 6, p. 4017, §2845 lessee remains after as.si^^nnicut liable on covenants in lease 0, p. 4G47. § 2S45 assent of lessor to assignment, how sliown 6, p. 4048, § 2845 lessee can recover rent from assignee only when he himself has paid rent to lessor 0, p. 4G43, § 2845 assignee of a lease, hy accepting assignment, takes it subject to all covenants 6, p. 4G4S, § 2345 assignee may exonerate himself from liability by assigning to another 6, p. 4f>4S, § 2'45 other liabilities of assignee of lease 6, p. 4019, § 2345 where lessee becomes bankrupt, his assignee takes leased premises as part of estate 6, p. 4G")n, § 2346 by sale f ; term on execution, purchaser is made assignee. 6, p. 4050, § 2846 on marriage of a female lessee, term is transferred to hus- band 6, p. 4050, § 2340 on death of lessee, his executor or administrator is liable as assignee of leasehold estate 6, p. 4050, § 23 16 tenant may s nblet unless restrained by lease 0, p. 4050, § 2347 tenant may bo enjoined from subletting for use by sub- lessee not in contemplation of landlord at time of lease 6, p. 4051, § 2347 snbletting in violation of covenant terminates it 6, p. 40'51, § 2S47 covenant not to sublet, when not broken 6, p. 4051, § 2347 sub-lessee not liable to first lessor for rent reserved, or on covenants in first lease; liible only to his immediate lessor 6, p. 4051, § 2347 landlord not liable to sub-tenant to keep premises in repair G, p. 4G."2, § 2347 liability of lessee for acts of co-tenants ■, . .6, p. 4052, § 2343 lessor may assign or convey his reversion G, p. 4fi5.'J, § 28 19 rents go to assignee, unless overdue, or secured by note. 6, p. 4053, § 2319 couveyauce of reversion carries crop growing upon it G, p. 4tJ53, § 2319 lessor may convey the reversion with rent, or, retaining reversion, may assign rent 6, p. 405.1, § 2349 landlord's estate assigned by hisdcatli or bankruptcy. G, p. 4f)'53, § 2349 attornment, what is; not required in United States G, j). 4054, § 2S50 payment by tenant to landlord without notice of assignment of lease, good 6, p. 4351, § 2350 payment in advance good as against vendee of premises. G, p. 4054, § 2850 6. Termination of Lease; Notice to Quit, etc. lease for certain term expires on expiration of time or hnp- pcuiug of contingency without notice 6, p. 4G6G, § 2SG3 LANDLORD AND TENANT. 6G2.5 Landlord and Tenant— (Continued.) provision that lessor may tcrininiitj lease on notice, rloos not exclu.le right to have rescidsioa of lease for breach of lessee's obli -ations Q, p. 40GO, § 2363 on reservation in lease of right to termiaato it on sale of premises, sale must he hoiinjiife 6, p. 4007, § 28G3 , lease given for " term of life of third person " 6, p. 4007, § 2803 given "during absenee of" landlord from country. ...6, p. 4007, § 2803 given to club during its existence 6, p. 4607, § 2803 given for " term of A as postmaster " 6, p. 4007, § 2803 termination of lease by surrender; what is 6, p. 4068, § 2305 reqai it;s of surrender 5^ p. 4(]gs^ § 2 6) what ia and is not a surrender; effect of 6, p. 4669, § 2865 term for years vested in person seised of freehold, term merges in freehold and becomes extinct 6, p. 4667, § 2864 rights of lessor and lessee do not merge upon conveyance by former to latter, when 6, p. 4667, § 2864 wlr -e tenant abandons premises before end of term, land- lord may rocoyer to end of term 6, p. 4673, § 2866 but aliter whert ho enters and takes possession 6, p. 4073, § 2366 landlord not bound to rent premises for benefit of tenant. J, p. 4673, § 2866 attempt of tenant to convey greater estate than he has docs not create forfeiture 6, p. 4673, § 2867 tenant may forfeit term by disaffirmance of landlord's *|*^° 6, p. 4674, § 2867 no forfeiture for breach of covenant unless right of re entry reserved C, p. 4074, § 2807 •what will amount to waiver of forfeiture by lessor 6, p. 4074, § 2807 wlicn forfeiture not allowed 6, p. 4075, § 2807 tenancy may be terminated by notice to quit 6, p. 4()75, § 2S03 tenants from year to year entitled to notice to quit 6, p. 4070, § 2809 so if tenancy f.oni month to month or weekly 6, p. 4()70, § 2869 notice essential to terminate estate at will 6, p. 4077, § 2809 also estate at sufferance 6, p. 4077, § 2809 other persons held entitled to notice to quit 6, p. 4077, § 2809 other persons held not entitled to notice to quit 6, p. 4031, § 2574 where relation is that of master and servant and not land- lord and tenant, no notice to quit ruciuired 6, p. 4078, § 2870 as^iignees and sub-tenants entitled to notice to quif. 6, p. 4079, § 2371 where tenancy for fixed term or until happening of contin- gency, no notice to quit required 6, p. 4080, § 2872 notice by tenant of intention to quit, essential 6, p. 4081, § 2873 length of notice 6, pp. 40S3-40S4, § 2875 notice must terminate with current period of tenancy. .6, p. 4084, § 2875 time required for notice may be altered by aizreement. .6, p. 4684, § 2875 day on which notice given must be exclm led in computa- tion 6, p. 4684, §287S *5626 LANDLORD AND TENANT. landlord and Tenant— (Continued.) notice to quit within three , s 2373 partial eviction suspends entire rent when 6, p. 4093, ^ 2879 & Remedies. See also Ejectment. fitatutory summary proceedings to obtain possession of prem- ises unlawfully detained 6, p. 4700, § 2SS5 proceedings possessory question of title irrelevant. . .6, p. 4700, S 2335 are not a substitute for action of ejectment 6, p. 4701, § 2>85 •when statutory action maintainable and by whom. . .6, p. 4702, g 2886 when statutory ajtii n not maiutainaldo 6, p. 4703, § 2S87 procedure in summary actions against tenants to obtain possession of premises 6, p. 4705, § 2883 ■who may and may not bo dispossessed under writ of dis- po.ssession 6, p. 4700, § 2SS9 oflTicer removing tenant's good^^; liability 6, p. 4700, § 2889 if judgment reversed, the tenant entitled to a restitution of possession 6, p. 4700, § 2SS9 where more land taken by warrant tlian recovered in ac- tion, court will compul restitution 6, p, 470C, § 2889 nnder statute giving damages for dispossession upon rever- sal of judgment, grounds of reversal immaterial. 6, p. 4700, § 2SS9 tenant may recover damages for withholding of possession and for loss of money taken and destroyed 6, p. 4706, § 2389 LANDLORD AND TENANT — LEASE, 6G27 Landlord and Tenant— (Continued.) action will lie for meuacina tenants and obliging tliem to a»it Jand 3^ p. 2203, §1273 Land Warrants. Status of rijihta and interests of purchasers of 6, p. 4400, § 2003 Lapse of Time. See Lachesj PnEscniPTiON, Larceny. See also Theft. acquisition of propeity by larceny or trespass docs not create relation of trustee and cestui que trunl 4, j). 3427, § 2013 Lateral and Subjacent Support. Sue Easemkni'3. Latent Defect. See Warh.vnties, Law and Fact. See EviDKN'CB. Law of the Road. Law of the road; driver must keep to the right 3, p. 2040, § 11G6 in what cases law of the road does not apply 3, p. 2042, § IICO Law School. statute making diploma of, conclusive evidence of qualifica- tion to practice, valid 1, p, 200, § 127 Lawyers. See AxTOBXEys. Lease. See also Laxdlord and Tenant, 2; Railroat>3, 2. lease of real estate for five years, by auction, to highest bid- der is not sale of real estate 1, p. 350^ § o]2 implied power of agent to lease 1, p. kju, § GO lessee of land is not servant of lessor 1, p. 51G, § 205 railroad corporation not dissolved by lease of road for term of charter 2, p. 1012, § CG3 contract in form of lease does not constitute lessor and lessee partners, because lessor advances money and ai'rees not to exact rent .2, p. 1109, § G40 railroad cannot free itself from liability for negligence by ^^^^^■■■- "..?.. .2, p. 974,§ 512 voluntary associations may make valid lease 2, p, 10(J1, § 5'Ji Lability of lessor of premis sunder "civil damage " laws for injury by sale of liquors 3, p, 1949^ § n^i renewal of lease by partner or other fiduciary creates a . ^'■"^'^ 4, p. .S435, §2017 injuries from defective condition of leased property.... 3, p. 2012, § 1154 franchise of corporation cannot be leased 1, p. C42, § 377 leasing of part of railroad between two points not compli- ance with contract to construct road between said Po^'^'s 2, p. 97S,§ 543 '<6 ^^a IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1^128 125 ■so "^™ III^H IL Ui I 2.0 IL25 ni 1.4 M ^m - 6" vl y. r / f> ^^y Photographic Sciences Corporation 23 WfST MAIN STRiET WEBSTER, N.v. 14S80 (716) •72-4503 ^"1& "" ^>^ '^ 4' 6G23 LEASE — LICENSES. Lease— (Continued.) riglita of lc3iuo u£ mortgagor 0, J}- 4921, § 3333 Legacies. See \Vii,r,«?. Legislatures. See CoNsTiTUTiovAL Law, 3. reports of proceiiiliii^js of legislative body or its commiltoca are privileged 3, p. 231P, § 1299 memberi of Icj^idlaturo absolutely privileged as to every- thing said or written by them as such 3, p. 2307, § 1233 agreements or contracts interfering with or iutluencing actions of the government, legislature or public officers aie void 6, p. 3993, § 2393 Legitimacy See l*AUf - I'D CaiLD, 1. Letter of Cxe lit. 8t;itu3 of, vrlu;i i,3gotiablo 4, p. 23S2, S 1450 Letters. Sec also Porr-FiUB. prcperty in i)rivate letters 5, p. 37 4S, § 2223 contract may be made by letter. 5, p. 3743, § 2223 Levy. See ATTAcnuENT, 5; E.kecutioxs. Libel. See Slander and Libel; Immorality. License. See Atporney.s, 1, 8; Constitutional Law; Municipai. COKPOKATIONS, 3. license to retail liquor not property 3, p. 2145, § 13j3 statute requiring license fee from owners of dogs constitu- tional 3, p. 2*77, § 1371 auctioneer may be required to take out license 1, p. 3GJ, § 213 unlicensed auctii neer cannot recover commissions 1, p. 3dS, § 221 sale by one not licensed as auctioneer will not avoid convey- ance to innocent purchaser 1, p. SGI, § 213 note given for goods sold by unlicensed auctioneer valid. . 1, p. 3GJ, § 213 payment of license fee to engage in particular business can- not be recovered, though illegal 5, p. 4222, § 2559 payment of water-liceuse fee under threat of cutting water ofT, not voluntary, and excessive charge uiiy be re- covered 5, p. 4222, §2559 Licenses. what is a license; distinguished from easement 6, pp. 4351-4524, ^§ 2CG3-2773 cannot become a right by lapse of time S, p. 4351, § 2U1)8 license given on condition, not operative, except on per- formance of condition 5, p. 4352, § 26G3 LICENSES. CG29 Licenses -(Coiitinuod.) hccaso iiKiv Lo created liy parol, except under statute of ,. ^7.''f ■; 5,p. 4r^5?.§eno3 license whidi «ivos use of land must be l,y cKcd 5. p. 4:i,-,J, § JCCS expru.-s licuiisu not . xtonded l.y coiistruu.ii.n 5, p. 43^-/ j 0(;^3 not c'xultisivo to licensee, unless such intention cl.Mry '*''""•" 5, p. 4.r,2. § 2(1(;3 license to erect l>ri• 43j1, § 2(J70 license from mother to son to oi.cn family tomb to dci.usit corpse of .U ceased son implied 5 j) 4"5 1 S "(-0 where per.-on buihls a house on land of another with l.is '^ con.sunt. this gives implied license to occupy it. .5 p 4"54 § "G-Q o license to take htone implies license to draw it ca.ef.-.Ily over grantor's land g .^., „„._. no trespass to enter man's premises to obtain settlement of ""^ ' "'" debt, even though not due 5, p. 43-1 S ofi-Q license is personal to licensee and cannot b. assigned. . .5, p. 4;!5-, s o^j-j is agents, serv ■ • - - . - < ocable at will entitled to not le of ticket to ment - .„_, „ SeoTuE.v..KS. 5.P.43...52C73 license to enter railroad depot revocable except as to persona iiiteuding to take trains 6. p. 4359, § 2G73 GG30 LICENSES— L1E.N3. Licenses— (Continued.) iu wliiit niamier is and may liconBC be revoked C, p. 4359, § 2G74 executed license canndt be revoked 6, p. 43o0, § -G75 ■where license CDnncctud with gr.int, it cannot be revoked bo as to defeat j;nint to wiiich it was incident 6, p. 4SC0, § 2G75 license cannot be revoked where licensor has permitted, on tliu faith of it, licensee to go on nud make valuable iiniirovemcnfs on land 5, p. 43G0, § 2075 license ciiu{)led with interest not revocable 5, p. 43G2, § 'JG75 licensor assuniei to the licensee no duty, except to refrain from a( t.s willfully injurious to him 5, p. 43C2, § 2G76 licensee ii bo^in I to use duo care, and do nothing on land that will be injur ous 6, p. 43C2, §2076 express license exempts li ensee from daina;,'cs for injuries necessarily reiulting from doing act in careful manner 5, p. 43G2, §2076 license, whether given by owner or by law, is lost by abusing it 5, p. 4302, §2077 diitinc ion Ijutween license given by law, anl litcase given by owner 5, p. 4303, § 2077 verbal license by owner of laud to lay gas pipe through his land, irrevocable 2, p. 1020, § 573 authority (pf wife to give license to enter on land of hus- band 3, p. 1318, § 719 duty of railroad as to persons on track by license or cus- tom 3, p. 2100, § 1194 right to pollute water may be acriuired by license 6, p. 4SiG, § 2054 implied pjwer of agent to license 1, p. lOlJ, § 09 Liens. of attachmett, see Attaciimknt, 5. of garnishment, see (!.\I!NIsiimknt. of partner, see TAnTXi Ksiiii-, G. 1. Liens, Lr.i; \l and KyL'iTAni.i; oi:neually. 2. Liens in Pauik ular Uklations. 1. i,((«.s-, Lirjiil ami E'lHitnhk (jeneralli/. common-law liens duliued; arise by operation of law. ...0, p. 50.03, §3093 mere creditor having in hi4 p issession speoilio articles Ijc- longiiig to debtor has no lien upon tlieni 6. p. 5034, § 30D3 person who has advanced money to another to carry on liusi- noss has no lion upon proceeds 6, p. 5034, § 3093 policy of law is against secret liens and charges 6, p. 5034, § .31)93 law estuljlishea liens in order of jriority of acquisition. .6, p. 5034, § 3093 general and particular liens distinguished G, p. .'>034, § .3093 common-law lien is lost if possession is surrendered. . . .6, p. 50.34, § .3u;i.{ aliter as to maritime or equitable lions 6, p. 5035, § 3093 attemjyting to retain property otherwise than as se- curity. 6, p. 5035, §3093 3093 LIEXS— LIFE IXSCRAXCE. CG31 Liens— (Cont':!ine(1.) party refusing, upon fleman.l, torleliver up property witTiont setting up any liuii, tliere])y waives i ij,'ht 6, p. 5035, § 3093 remedy of one from whose cust...ly ii wrongfully taken property on which he hxt lien is l)y an action to re- cover posses-ioii or for wrongful cuvt-raion 6, p. 5035, § 3033 creditor who has lien on two fuiuU will l.e conipulleJ, as against lienor having claim on only one, to satisfy his ikbt from otlier f niul q^ ., r, «- ^ .^q^^ one cannot waive lien of which he lias no knowk.lge. . .0. p. no.'C)! jj :{i)!);j equitable liens d fincl; when do tliey arise 6, p. 5 KT)' § ;{()!) t illustrations of eipiitable liens q[ j, r,y;{-,' g '^^,',^^ lions may be croated by express ai:reei/K nt G. p. 5 ).;\ S .'<> il I under statute not airected by r»p. ;il of statute 6^ p. OUIO,' g 3090 where reward is olb n.l, (inder lias lien on it, and may ret .in article until reward is [laid 3, j, •2:i01, S 1313 one has no lien on animal fur dam i''e done by it 3 1, "17s s i!-> Within admiralty jurisdiction, preserver of property has lien on it for services 3 j, ^liSl, § 1310 action will lie f.,r maliciously asserting a lien upon e°"''« 3, p. 2'-'90. § 1279 2. Liens in Parl'ciilnr lii lution. mechanics' lien by statute Q, p. 5039 § 3000 lien of landlord on crop q j, 504,,^ g -^y^Q lien of landlord for rent 6_ j, 4,;oo^ jj osi'O of person furnishing water for irri^jation 6, j.. 4(;00, § -JSL'O on animals taken, dan; ge feasant 6, p. 4(;0;). § -JS.'O lien of artisan or workman e, p. 5040, g 31197 lien of attorney q 5(I4"{ >< '{rios lien of auctioneer q^ j, ^j^y] g .j(,yg lien of banker 2, p. STC, § 5 13; 6, p. 51117, § 310) lien of carrier 4, p. -jj,j_ g |,j.-,;j. q j, r,„4^_ j; ;{,,jj lien of factor j, .-,„5,_ g .j,,,., lien of innkeeper 0, p. 5i)5l, S 3103 lien of warehouseman q ., r^[)-y\\ .-< ,'(|04- venilor's lien, realty q p r^^^y;^ g ;{|,j- ven.lor's lien, personalty q ,, 5 kj »[ g .-j 1 ()(} vendee's lien O. p. 5(lliL', g 3107 lien of partnership creditors fur 1 aymcntof debts 2, p. Il'Oj, § GSl alimony may be declared a lieu on real property of hus- '^•■^"'^ 2. p. 1455, § 703 corporation has no lien on share? of stock for a^se-snieiits or other debts of stockholders 1 i). 771 s 4^5 Light and Air. See Ancient Lights; Easemests. Life Insurance. See LNsuuAiNCE. GG32 LIQUIDATED DAMAGLS— LIMITATION. Liqxiidatcd Damages. See l)AMA0t3. Limitation. in suit on insurance policy, see I.NSunASCK, 3; sco also Mdktcjaoes, 3. statutes of liuiitatioa must be specially pleaded 7, p. 5455, § 3470 li.nitation on action as to time regulated by law of what states 7, p. CSC9, § 3733 debt barred by statute of limitations or by operation of law not alTecting ri>;bt, suiDciuut consideration fur new promise to pay it 5, p. 377' , § 2249 extinguishment of pledge by limitation 4, p. 3043, § 1777 face of bank bills not evidence of date of issue; statute of limitations does not apply to them 2, p. 9C7, § 530 u soon as the mortgagee's possession becomes adverse to mortgagor, period of limitation begins to run. . . .6, p. 5013, § 30S4 .ight to foreclose mortgage barred after lapse of time witliin which an action at law might be brought for posses- sion of property 6, p. 5010, §3083 rtatute of limitations as again&t cenlui begins to - i from time trust is repudiated or diEcluimei by trua.ee. 4, p. 3477, § 2030 in cases of constructive trusts, statute ruus against cestui que ti-uxt from time he has acquired, or might have ac> quired, knowledge of fact upon which trust is founded 4, p. 3477, § 2030 to enable trustee, without giving up possession, to turn it into adverse holding ajjainit ccntiii, evic;«Zi';/5 uot apidicable to them 1 p 771 S 4R4 lavery Stables. • • • -i, p. //i, 9 404 when a nuisance 6, p. 4SG7, § 2904 ordinary care required of livery stable keeper 4, p. 2yjU g 1729 Itcan. See BAifMENT-i, 2; Buildin'o and Loax Associatioks; Pledge. implied power of bank to loan money and discount notes , . 2, p. S:)9, §511; 2, p. 0.^4, § 529 a-ithority of wife to lend property of husband 2. p. I.TIS, § 719 child cannot lend parent's goo Is 2, p. 1408,' § 827 implied power of a^-cnt to make h)an l| r,. loc! § ri9 cnstruotiou of «• loan " in authority to agent l' p, 93 § C3 liObbyist. ■ • ■ > f . cannot recover compensation for services In IM 8 or ••Local Option." ' ^' '^ v.did.ty of " local option " laws 7, p. CS94 n, § ; 753 Iy iire; niutilatina of b.inli notes liy tiiin', acciiliMit, or alter;itii)n of iiumljcrs dots not jire- clulo recovery 2, p. DCo, § 53G depositor who li:is lost book ciiiinot recover de[iosit from biiik witlioiit olFering in 1 -iiia ty 9, p. 930, § 523 total dcstriK'tiou of liank note c!c;irly c.stalili.ihel, liank b('Und to jiay list holder or owner amount of it 2, p. 9C5, § 536 tlie loss of certiticatcs of stock being e.stabli-ih'Ml, corporation cannot refuse to iss-uo now certificates oa gruunj. tliat bond uf iudemnity was uot furuislied 1, p. 7-S, § 433 Lost Property. liiidor of, entitled to keep it against everyone but Iruo ouner 3, p. 2300, § 1313 for lab'irand expcn-es bestowed by the finder upon the jjrop- erty, he may recover of owner 3, p. 2391, § 1313 finder of property entitled to no reward unless owner has ex- pressly olFcre 1 (me 3, p. 2391, § 1313 where reward is ofl'ercd lindor has lien on it, and may retain article until reward is paid 3, p. 2301, § 1313 finder bound to take reasonaijle caro ot the property. ..3, p. 2301, § 1313 fiuder has right to call upon person who claims to be owner to identify property 3, p. 2.301, § 1313 what is and is not lost property 3, p. 2302, § 1314 where one 1 ses pro[)erty, there is implied reijuest to every- body to aid him in recovering it 5, p. 37S3, § 2202 finder of stray animal no right to use him 3, p. 2-llX), § 13S0 one who finds stray horse and uses it, knowing owner, is liable for its value if it die while in his hands. . .3, p. 13S0, § 2490 eo where, not knowing owner, lie injures it 3, p. 13S0, § 2490 owner of an aninal taken \\]> V>y person knowing ownership may replevy him withcmt tendering costs and ex- penses 3, p. 13S0, §2490 Lotteries. state m.ir prohibit lotteries 7, p. C1C9, §3912 lottery t.ckets may not be insured where lotteries are i)ro- hibited bylaw 5, p. 349j, §2043 Lunatics. See l.v SANITY. Machinery. jarring uf machinery, when a nuisance. 6, p. 4S72, § 3003 Magistrate. See J r DUES. Maintenance. See CuAMFERTT. MALICE — MALICIOUS riJOSECUTION. GG35 Malice. See CAKi:n:K.s; Master and Servant; Slanler avd ]-iiiH:r.. Malicious Prosecution. action hca in ctucs of wrongful criminal pros ccnt;.>n „,...,.,, 3, i.p. Ks,-,!, 1S.72, § lOSO and in c.v.l .lut. Ml.ero srecial injury ace. „i.Hni,s it. 3. t,. 1^5-> ,^ lo>l as where (lef»n.l;int is anvstca 3 isv'% losi or lis ,,r.,,,ertyi. attached '.''''.'.'.' 3. y. l^:,^ W^l malicious vrosfcutu.n of civil cau«e without aiic.^t or .. ''""^'""^"* 3. J.. ]<=.-.-,, 5 lr82 action not allowe.l ill Knglaud ^^ j, ,s;-,-, g ,y.^., nor in U..ited State, in many states .'..'.".".'." .3' t.' Is.v.' § los^ action reimitl. din others 3, j, ls3,;, Is."' s jus^ commencement of luosecution must he proved 3 ,, 1.S.-9 g ,054 termination of prosecution must be proved 3, p. ISGO-lSw' § 1()S.3 wliat IS ternuuation of prosecution 3, j, m,;,^ g ^^^f^. what is not termination of prosecution [ 3 ,,' isn^' s j, Cj prc^.d^o cause delined 3, ,. IS^i^, § WSO Mha IS prohabe cause 3, pp. Is.MS.;:, § ,OS0 v^hat ,8 not probable cause 3, ,,j, ,,SGG 18(;9. g lOSG good faith and honest belief immaterial..... 3, p. j.^;) § jo^y irrelevant jurisdiction of court immaterial 3 p 1^71 ' § 108 J guilt or iiimcence 3' ' j j^-.,' „ ^^^^ Mitlicieney of charge irrelevant [[['.Z'.'. .3.' p." 1S7.^,' § joao personal knowledge by pro.secutor unnecessarv 3, p IS'S § JOOl subsequently discovered facts irrelevant .3, pp. Ls75 1S7(;' g U0> when judicial proceedings evidence of luobable cause . .3, n lS7n' S Um finding of true bill.. 3, , 1870', g 1093 binding over by magrstrate 3, ,, j^-^^ g ,,,33 Jiulgment of conviction reversed on appeal 3 p is7(; § 109.-} %vhen judicial proceedings evidence of want of j.robable n. '^T^^'n"■ ■■••. 3. p. 1S77, § 1094 acquittal after investigation o „ ,0-, ^ ,,,„, discharge by investigating magistrate 3, p jj^;; § ,^9^ igm.ring of bill by grand jury 3 p j^--' g ^^^,^ discharge from prosecution by tiolle prosequi not evidence of want of probable cause 3 _ ,0-0 0,^0, - ., , "1 p. 10/ S, S IOU-4 nor failure of iiroceedings to declare plaintiff a bank- ?'''; ••■;■; 3, p. 1878, § 1094 nor abandonment of the prosecution 3 p jgjjj g ^qq^ evidence of his good character and reputation aduVissible on his behalf o „ ,q-o « innr V . . , , . , "• P- 1S/9,§1095 but not character of plaintiff after the prosecution. .3, p. 1879, § 1095 evidence of character of plaintiff admissible in miti.'ation '^^^'''^li'' °3, p. 1879. § 1095 003G MALICIOUS rnOSECUTION. Malicious Prosecution— (fontimiud. ) gciifnil cliiir;u't»r, inpt i.artiLuhir a ts, admissible 3, p. 1S70, § 1093 cviJuncc of cliiiriictcT and riiiiit;it,i.)ii ot jdiiiiitiir, when ad- iiiissiblf in action of nialiuioua jirosicution 3, p. ISTO, § 1095 advice of counsfl us a defense in action of niaiciouH pro.se- cntion 3, i>i.. 1\S0 1SS7, § 1090 mali<'0 must lie proved 3, p. lS->7, S l<>97 malice defined 3, p. 1SS7, S 1097 milieu need not he proved in aiition for false arrest. . . .3, p. 18S9, § 1097 evidence to show malice ia action of malicious prosecu- tion 3. p 1SS9, § 1008 what is and ia not evidence of inalicc 3, p. 1891, § 1093 may he inferred from want of prohahle cause 3. p. IbSJ, § 1093 all persons concerned in orij^inating and carr^'iii;:; on mali- cious prosecution arc juintly and severally liahlc.3, p. 1S93, § 1099 distinction between instituting pro ccntion and attending liearing upon pro.'ecution already commenced. .. .3, p. 1895, § 1099 liability of attorney for malicious jjrosecution 3, p. 1S'J3, S 1099 graud jurors not li;ihlo to action for information given hy them to fellow-jurors on which iircsentment ia founded 3, p. 1S9j, § 1099 action will lie for advising and pr9S, § 1 100 attorney personally liable for malicious attachment. ... 1, p. 2')>S, § 1,15 for arresting person on unauthorized writ 1, p. 2oS, § 155 knowledge that prosccuti( n was malicious and Mithout cause 1, p. 259, § 1 53 corporation liaiile for malicious proscnition 1, p. 035, § ."07 iufaut not liable for malicious prosecution of suit by his next friend 2, p. 15:0, § S34 one partnt! not liable for malicious prosojution by his co- partner 2, p. 12CS, § C52 burden of proof of want of probable cause in malicious jirose- cution on iduintitf. 3, p. ]?.0?, §1101 burd'ii of jir of of malice on jilaintid" 3, p. l'J03, § 1101 question of probable cause in DMlieious prosecution for court, except whore facts are disinted 3, J). 1903, § 1102 whether prosecutor acted ioiia lidc uj)on o;iinion of his coun- sel, for jury 3, p. 1905, § 1102 BO whether statement to counsel was full and fair stato- meut 3, p. 1905, § 1102 '. 1ST9, § 1093 '. 1879, § 1095 > 18S7, § 1090 ■ 1'S^7, g 1007 • 1SS7, g J 097 1SS9, § 1097 1SS9, § 1098 1S91, § 1093 IbSJ, § 1093 1S93, § 1099 ISno, § 1099 1SU3, g 1099 1S9j, § 1099 ISD7, § 1099 SD7, § 1099 S97, § 1099 ^98, § 1100 2").s, § 1.15 -''S, § 155 2">9, § 15.3 535, § 307 >-0, § 834 '^S, § C52 0?, § 1101 03, § 1101 03, §1102 05, §1102 35, § 1102 MALICIOUS rnoSECUTION-SLUNDAMUS. 6037 Malicious Pro3ecution-fConti„„ed., «o wlietlur atforn.y was a i.rot.ern.K;,., ^^^f^"^ofn..n.eU^^j:^;:f^ 3. p. ,n05. § ,,0. «vMe„ce m acUou of ,„alic,oua pro.i.Uon.':. ." ! ;;; ::::^' ^^ '"^^. § J'^-' Malpractice. ^' V' 1^00, § 1103; 3, p. loio § uq^ •ittanaamus. «W„««Mlefi„erJ, nature of the writ federal courts in issuim'r writ rm",f " " "*" ' 1 '^' I'' ^''^^^ § 40-.'7 ^il-e to .„ako return CL i^ ^^^'^ T'^'^--''' V- 0330! § 4u2 to I'l-a.l at Jaw "''"'''^'^" *''* 8""«lar to failure '|eman,l an.I refusal not"„:. "esVary; wi,e„' I i'' ^'■'^^' ^ ^027 " w hat ca.s.s wi„ ..,,t not be i.«ue.l ^' ^^ '''' ' ^ ^"^''^ w. he to compel performance of miniat.'ri'.i 'i ";• ^' ^'^ *^-*''' § -*"'» -^ - lie to em,pe, p.._::-t:;:^^^^^^^ will lie^ t. ^eom,^ the piin^n^e' ;f " iluty l,,' ^.L^" ''''' ' '^''^^ Z-u ^'Vl- *■'''"'' ''^''' ""lawfully remoVed Z' '' ^'■^'^^' § ^"•" will not he to try title to office ^' I^" «•''*'. § 4031 in case of private corporation, m^i,d'imu^ '^""- ''• ^^ ^^^^' § *^'^^ petition against i.Pr.. '^ issue on its fices °"";^' P^'-^""^ clauningto hold its of- not lie a^jain.t governor or" execuiiVe or Vtaie.".'. ''' ^" ^^^^' § '*^^' '^"l lie to compel inferior court to ac!' luf ^ ''";.'^' P" ^^'"' § 3784 jurisdiction '" '^^^ *'""« its to enforce party's right "to Lppeal '^' ^- ^^^^' § 4(t32 Will not he to control judicial di^c"retio"n of •■<•■■• '''' P" ^•^'^^'' § '»032 - lie against puhlic^corporatrstj Ict"^ ^°"^^-^' P' f ^«. ^ ^032 w; he aga.i.Ht school officers when ^^ P' ^•'•^''' § ^033 wi he to restore members illegally exi.li/e;; T' P' ^^'^^ ^ 4034 Willnotlietorevicwdiscretionof cLrrnt ■■■ ■'•■;-"^' ^^ '''^' § ^» to the bar ° refusing admission will lie to restore atto'rney inVp'roDcrjJ'.lVJ * ' ' '," ^' P* ^^'' § ^27 lies to restore member of ben^^^lenV "s'od;;;' 'in " " i; ■•^' P" ^^'^' § ^'^ peiuled society illegally sus- will not he against bm'ldin- as'soViation' V/ "• ^' P' ^°^^' § C07 member s stock .... "''='*^""' "^"^'^S to transfer fa not proper reme.Iy to 'compel pavm"o"n"t'«f "r* ' ', " ' V ''^' ^' ^^^^- § ^84 LAwso.>rR,&R._4„3, ^^^^ Payment of dividend .... 1, p. 750 § 474 GG38 MANDAMUS — MARK. Mandamus —(Continucc!.) court will coiniM'l l)y, olFiccra of corporation to accord riglit to cxaiiiiiiu liouUa to tlie Btipckluililcr.s 1, p. attornry j^ciieiivl imt coiii|ielle(l l>y, tn insliUilo biiit for fur- feitiiro of ch.vrttT of cori)nr:iticiu 1, p. will uot liu to coiniiel rulij^iotia Hociuty to rialuru to iiiuiiilitT- sliip Olio who haa Icon expuUttl liy a dtcri e of iliuich jmlitatory 2, p. IK'.), § GKi; 2, p. will lie to coiniicl ollkcrs . T.fADII.ITV OF SkUVANT. 1. 'J'/ti; Cuii'nict oj Service. who are serva,.l8 j ^^^ ^.-Jl nccl not hem writing j^ p 4^„g 240 infant « contract of service valid when i, p. 440, § 040 that 8'.Tvices were rendered implies promise to pay 1,' p.' 440,' § 241 right of intruder to recover for services 1, pp. 441.440] § 042 right to recover for services rendered through fraud or .^..^"■•^^^ l,p. 442,§ 243 right to recover for ill..g.il or immoral services 1, p. 443^ § 244 promise to pay inij.lied from request 1' p. 444] § 345 exception: recjuest without henefit l,' p. 444' § 046 services rendere.l in expectation of leg.acy l[ p* 444] § 247 preMimptiou that services are rendered for Lire l' p' 445' § 248 e.xception, near relatives 1, pp.'4i5-447,' § 249 contract for certain thing or certain term an entire contract, and when not completed, servant can recover notli- . "'» 1, p. 447, § 250 contract to teach a school certain time, an entire con- „ , t'"-;)'^*':-- • l,p. 447,§ 250 contract to paint a certain number of pictures an entire ccn- *'■"''' • l.p. 447,§ 250 presumption may be rebutted by evidence l, p. 447 § 250 •ervi.ut abandoning contract before end of term cannot re-' cover for time served j, p, 443. § 251 exceptions: , § 2G0 compensation payable at end of term 1 p. 4G0, § 260 usage may regulate length of term of hiring 1, p. 4G1, § 260 where, without new contract, servant continues after expira- tion of term, presumption is that it is continued on same terms 1, p. 452, § 201 bnt employment mu-t be in same business 1, p. 402, § 261 regulations of master as to conditions of service binding on servant, if reasonable, and known to him 1, p. 402, § 262 such regulations not binding on minor 1, p. 402, § 202 rule valid that employee must give notice of his intention to leave, or forfeit wages earned 1, p. 46.3, § 262 sickness or act of law will excuse notice 1, p. 403, § 202 mere temporary absence of servant not an abandon- ment 1, p. 463, § 262 employee Avho overstays his leave of absence does not aban- don his place 1, p. 403, § 2G2 duty of servants to keep master's secrets 1, p, 403, § 203 servant may be restrained by injunction from revea'ing master's secrets 1, p. 464, § 263 430, § 252 4.50, § 2.')2 4r)0, § 2.")2 452, § 2j3 4.-3, § 2.-)3 453, § 254 453, § 254 454, § 255 454, § 255 454, § 258 454, § 256 457, § 257 4-)5, § 257 458, § 253 455, § 259 453, S 2G0 4G0, § 200 4G ), § 200 460, § 200 4G1, § 260 402, § 201 4G2, § 261 462, § 202 402, § 202 46.% § 202 163, § 262 iC3, § 262 16.3, § 202 163, § 263 464, § 263 MASTER AND SERVANT. gg^j Master and Servant-(rontinued.) where by contract ni.ister is to board servant, master cannot charge him for board while he is idle by sickuess or without his fault 1, p. 454^5 265 to cannot cliar-e master with board if ho boards else- ,. I^'T l,p. 464.§ 265 action lies by servant entitled to lodging for master's failure to properly lodge hiin i^^ 4(35^ § 0^5 measure of compensation of servant in absence of coa- , *'"'' l.p. 465,§ 266 where parties agree as to compensation, but not as to term, servant may recover for time served at agreed , '■**®-. • l.p. 466,§ 266 where services to be paid for in particular way, servant may recover their value in money i, p. ^qq § 266 where agreement is that master i.s to pay what he thinks the services are worth, bound to pay what they are reasonably worth j, p. 455^3 266 plaintiff mny show that defendant expected to pay very lib- . ^••'^"y •••.■•• l,p. 466,§ 266 where contract is that servant may charge whatever he sees fit, he may not recover more than is reasoa- f^'^ l,p. 466,§ 266 servant § 263 servant may take out patent for machinery, though in cm- ploy of master when he made the invention 1, n. 472, § 268 employee, after discharge, may euga;;e in competing business with master 1, p. 472, § 263 right of action by master against third person injuring servant 1, p. 406, § 283 i ction will lie by master against another who entices away his servant, or induces him to break his contract of service 1, p. 407, § 289 combinations of workmen not illegal wlien 1» P« 400, § 200 2. Dischar>je vf Servayd and JJisxolulion c/f Conlruct. right of master to discharge servant by \ irtue of power con- tained in contract of service 1, P- 472, § 209 right of master to discharge servant in absence of con- tract 1, p. 474, § 270 if ground exists at time of discharge, not necessary that the master should have known it at that time. . . 1, p. 474, § 270 or that at time he gave another and diQcrent reason. 1, p. 474, § 270 misconduct, to justify a discharge, must be miscontluct while in the service 1, p. 474, § 270 employer is sole judge of competence of empl.iyce. . ..1, p. 474, § 270 what are valid causes fur dismissal 1, p. 475, § 271 breaches of contract caused by act of God not good ground for dismissal of servant 1, p. 470, § 272 discharged servant must leave peaceably 1, p. 480, Ji 273 master may use force to remove disiharged servant...!, p. 480, § 273 servant may recover wages to time of di^misbal 1, p. 480, § 274 when servant occuj)y'ng master's house is a tenant 1. p. 481, ^ 275 remedies of servant fur wrongful di.-^charge 1, p. 482, ^ 276 servant bound t > seek other einj)loj nient .1, p. 480, § 277 fiervantniay waive wrongful discharge by acquiescence.!, p. 4S0, § 278 master may waive breach of contract or cause of (]iach:irgo by servant !, p. 400, § 279 causes which will ju.stify servant in aljandi ning service !, p. 491, § 280 contract of service is dissolved by expiration of time. . .!, p. 402, § 281 by consent of parties express or implied 1, p. 402, § 281 in what cases service may be dissolved by either party.!, p. 403, § 282 where its continuance is disjretionary !, p. 403, § 282 where the term is indefinite !, p. 404, § 2S2 where the contract is not mutual 1, p. 494, § 282 dissolution of partnership dissolves contract of service. .1, p. 404, § 283 bankruptcy of master dissolves contract of service 1, p. 404, § 234 470, § 287 471, § 208 472, § 268 472, § 208 400, § 288 497, § 280 400, § 200 472, § 200 474, § 270 474, § 270 474, § 270 474, § 270 174, § 270 175, § 271 170, § 272 80, g 273 ISO, § 273 SO, § 274 SI, S 275 Si', s 276 SG, g 277 so,s 273 00, § 270 01, § 2S0 J2, § 281 '2, § 281 )3, § 282 A§ 282 )4, § 282 >4.§ 232 '4,§ 283 •4. § 234 MASTER AND SERVANT. Master and Servant -(Continued.) abandonment of service by servant dissolves contract of service < dismissal of servant for cause dissolves* contract of s'er^ vice , death of either party or permanent sickness of servant ends contract of service -t where relation is that of master and servant'and not land-' lord and tenant, no notice to quit required 6, p. Statements made as to character of Bcrvants, when privi- , , '^°^^ 3,p. Blanders on servants, when actionable 3 3. Liability of Master to Third Persons. master is liable for torts of servant l^ p, servant's act must be ^\ith n scope of his employment. .1,' p. master not liable while servant is acting outside of his business 1 illustration of cases wiiere master was held liable for serv- ant's torts 2 where master was lield not liable for servant's torts. . 1, p. master liable for willful and malicious acts of servant. . 1,' p. master liable for trespass of servant except where it is .1. p. 66:13 493, § 285 405, § 286 493, § 287 4G78, § :.a70 2317, § 1201 224J, § 1253 502, § 201 503, § 201 p. 503, § 201 ■504, § 201 500, § 201 507, § 292 criminal 500, § 293 515, § 294 who are "servants,"for whose acts master is liable.l, pi). 511 party who avails himself of use, temporarily, of services of servant employe.l by another, liable for his acts dur- ing temporary service 1^ p, 513 g 294 whether relation of master and servant or principal and agent exists, a question of fact 1, p. r)13, § 294 master not liable foraetsof independent contractor.!, pp. 5l5-5:2l] § 293 exceptions: where wurk is a nuisance or dangermia 52.1, § 206 523, § 297 525, § 298 525, § 290 P"'"' 1, pp. 521 where duty is imposed by contract ■ 1, p. where duty is imiosed by law 1, PP- 5-4. where employer interferes with and directs work 1, p. where employer knowingly employs an incompetent con- ^. ,.,. *'"^'=*°'' 1. p. 527,§ 300 Ltabilili/ of Master to Servant. See also Tailroads. master not liable for injury to servant caused by negligence of fellow-servants 1, p. master liable for an injury to servant, caused by defective or unsafe buildings, machinery or appliances 1, p. master is not warrantor of safety and sufficiency of machin- ery and appliances 1^ p he must have had knowledge or means of knowledge of the defect 1, p. 533, §302; 1, p. 523, § SOI 531, § 302 531, § 302 5-10, § .105 6644 MASTEU AXr bliUVANT. Master and Servant— (Continued.) danger must be suuli as to su^i^jjeat itself to man of ordinary prudtnce 1, p. 533, § 302 fact that aiiiiiiancc is difectivc, and servant is injured, does not raise a iire.-iuni|)lion of nej;lij^(.nce in nia.stcr. . 1, p. 533, § 302 master is not c «i!ii elled to provide safest and newest machinery, or newest inventions 1, p. 533, § 302 master iMUst e6tabli^ll proper rules for guidance of his employees and their safety 1, p. 534, § 302 master must exercise reasonab'e care in protecting servant from latent defects in machinery or ajjpliances. .1, p. 535, § 303 or dangerous services unknown to him 1, p. 535, § 303 master liable to injury to servant when he in personally present and giving orders 1, p. 642, § 306 where negligence of master and of fellow-servant concur, mastrr is liable 1, p. 543, § 307 master liable for not exercising care in selection of serv- ants 1, p. 644, § 308 master liable for acts of unsuitable or incompetent fellow- servants 1, p. 644, § 308 mxuter liable when he continues incompete;it servant in his employment after notice of his unHtuess 1, n. 545, § 308 infant entering service assumes like an adult the risks. . 1, p. 547, § 309 provided the contract was a valid one 1, p. 547, § 309 employment of infant on dangerous work not negligence. 1, p. 548, § 309 master must explain the risks to minor 1, p. 548, § 309 aliter as to patent d :ngers 1> p. 548, § 309 master sending minor to perform a dangerous service outside his regular duties, master liable if he is injured per- forming it 1, p. 548, § 309 infant of fourteen years presumed to have capacity to recog- nize and avoid danger 1, p. 549, § 309 statutory provisions in sonie states enlarging liability of mas- ter for injury to fellow-servant 1, p. 549, § 310 servant waives defect by entering or remaining in service knowing of it 1, p, 554, § 311 but aliter where he complains of it and the master promis- es to rectify it 1, p. 558, § 312 contributory negligence of servant, failing to notify master of defect 1, p. 560, § 313 failing to mjtify master of negligence of fellow-servaiit.l, p. 5G1, § 313 goingintodangcroussituationby command of master. 1, p. 5GI, § 314 disobeying regulations of master 1, p. 564, § 315 illustrations of other cases of contributory negligence. . 1, p. 564, § 315 contracts between master and servant exempting master from liability for injuries illegd in some states. . 1, p. 569, § 318 who are fellow-servants 1, p. 570, § 319 MASTER A^D SERYA^'T. GG45 Master and Servant— (Continued.) wlioareiiot "fellou-jervaiits," i, „ gyy a 300 superior servant having control of inferior a " v'ioe-'pnn- cipal," and not a "fellow-servant" 1, p. 5S0 § 321 servant who has charge of construction and repairs of the' machinery, or buildings or works in master's alsem-e, not a fellow-servant with one Le!ow him 1, p. 583, § 322 servants of difierent masters not " fellow-servants". ,..!,' p. 5S1,' § 323 servant througli work and on way home not "fellow-servant" with those still at work 1 „ ggO § 324 so where servant is at time on private errand of his own, and not engaged in mastei 's work 1 , p. 587, § 324 so where he is absent from his place, even withcint „, ,^^*''V""'". I'P- 5S7.§ 324 volunteer who is assistmg servant in an emergency cannot re- coyer from master for negli-ence of servant 1, p. 583, § 325 otherwise if person not mere volunteer, but interferes to expedite his own or his master's business 1, p. 583, § 325 incompetence of servant may be shown by evidence of repu- . *""°°- l,p. 6S0,§ 326 specihc acts of carelessness may also be shown 1, p. 59^), § 326 evidence of negligence in selecting and maintaining macli'ln- ery and appliances— cases in which it was held suf- ficient shown 1 p ggog 327 cases in which it was held not sufficient shown 1, p. 590, § 323 i. Liability of Servant. servant not liable to third person for act of omis- "°''^; 1, p. 593, § 329 servant liable for act of misfeasance or trespass 1, p. 593 § 399 vice-principal liable to inferior servant injured by his nc"li- f*^"""-.-;; 1%. 593,§ 329 servant not liable for master's wrongful conversion of chat- tel lawfully taken by servant with owner's con- f * 1, p. 593, § 329 servant personally liable to master for damages occaaoned by his misconduct to the master directly, or to a third person whom master has been obliged to com- pensate 1 p ggg g ggg evemrhere the negligence of another servant concurred' in producing injury j p 593 g 33^ not necessary that employer should resist demand to action and judgment— he may recover what he voluntarily and actually paid 1^ p. 593 g gjg servant requesting master to defend suit for injuries occa- sioned by his misconduct Lable for costs and counsel f^-^':; l.p. 594,§ 330 servant liable personaUy for injury to fellow-servant.. . . 1, p. 594, § 331 6646 MASTER OF SHIP — MERGEB, Master of Ship. See Ships and Snirpisa. Master in Chancery. not eligiljle aa attuincy-at-Iaw 1, p. 208, § 127 "Maturity." "before maturity," what is 4, p. 2752, § I5S-J Mayor. See Mdnicipal Cobpobations, 2. Mechanics. slaiiilers on mechanics and workmen, when actionable.. 3, p. 2247, § 1-56 Mechanics' Liens. Seu LiKNs, 2. Merchandise Brokers. deli lied 1, pp. 390-393, § 222 autliority of 1, pp. 300-393, §222 Mercantile Agency. liable for ue^jli^enco of attorneys employed to collect note 1, p. 310, § 188 liability of mercintile agencies for making untrue state- ments concerning character, habits, standing and responsibility of tradesmen 3, p. 23 I, § 1296 Merchants. slanders and libels on merchants and traders, when actiona- ablo 3, p. 2248, §1257; 3, p. 2234, § 1275 Merger. See Joint and Sevebal Liabilities; MoBTOiOES, 6. taking liiglier security merges remedy upon lower one.. 5, p. 42i5, § 25S0 prior contracts are merged in subsequent contract on same subject 5, p. 4245, § 25S0 parol contract or implied one is merged in written agree- ment 5, p. 4245, § 2580 no merger takes place vhere two securities are of equal degree 5, p. 4246, § 2.")80 nor whore the two securities are not co-extensivo . . .5, p. 4246, § 2580 doctrine of merger applies by mere operation of law, inde- pendently of any intention of parties 5, p. 4246, P 2530 merger by judgment 5, p. 4248, ^ .; ' See JnutJMENT. merger in case of joint and several debts 5, p. 4249, ?] 2r- ;' operates as merger of original claim 6, p. 53G5, ji deed merges all prior contracts in reference thereto .... 5, p 3786, § 2266 greater estate merges the lesser one 6, p. 4432, § 2718 both must be owned by same person in same right. . . .6, p. 4433, § 2718 what estates are and are not merj^ed 6, p. 4433, § 271 8 when equity will not apply doctrine of 6, p. 44.33, § 2713 contract to convey is merged in conveyance 6, p. 443.3, § 2718 nou- negotiable note does not merge debt 6, p. 4434, § 27 IS MERGER— MINES AND MINERALS. 6647 Merger— (Continued. ) term for years vasted in person seised of freehold, term mcroes in frcohold aud becomes extinct 0, p. 4CC7. § 2SC4 Kesne Profits. m3 when Eevered from land they become chattels 6 n 4V(i S on^'t what is a. 'mining claim" .'e; p.' 4:;77 -^IS whatisa"miningvein, lode or ledge" 6 n 4:17?' S -"gsS nghti of locators q ' ..j-^ ' ^ ." grant of minerals includes right to enter and woi'li 'them.6. n. 4^7' ij •'^(;S4 extent of this right S.' p. 4:^;.' ^'sl construction of grants of minerals q „ 4.^-3 ^ 0-34 construction of word " minerals " in grant. .'.'.'.'.'.".'.'.'.'.6,' p. 4;J7!»,' § 2GU right to gold and silver mines 5'^ „ ^.j^ | ' ^ ."ijg- covenant to work a mine with diligence runs with 'land.6,' p.' 4:?S-'' § i's6 13 implied in lease for a royalty g „ 43^0' g ^GStJ equity will not specitically enforce agreement to w.-rk mine ^ ^ 4350 g o-j^g nor reheve from forfeiture for breach of such covenant. 6, p. 4;?S', § •>'J3Q lessee not bound to work at a loss r „ ±-i^>\ .^ror- lessee not bound to work continuously, or to produce more than minimum required q^ ^ 4330 g .^ggg quantity to be mined must be ascertained and paid for in mode prescribed in lease q p 4330 § oQ^g lessor is liable for trespass of lessee in mining 6^ ]. 4.SS-i' § 'ViSa no liability for accidental trespass q[ ^' 4333' g "J^g validity of miners' rules and usages g p 4333' g og^g ■oil dug from land and placed on other land, a chattel.. 3 p. 2441* § yjiQ minerals are real property while in earth, but as soon as dug out become chattels personal 3 " 2441, § 1346 GG43 MINES AND MINERALS — MISTAKU. nines and Minerals— (Continueil.) Btoiio fcplit out from its ()ri;;iiiiil cuniicction in ledge, but not removeil, passes with land when 3, p. 2111, § 1346 right to mine, eiitjr luml, diy fur and remove ore, an incor- poreal hereditament 3, p. 2141 n, § 1316 minerals under land do not pass to railroad by aequisition offee 2, p. 997,§ 557 owner not h uinil to employ expensive precautions against fire-damp, but only to use reasonable eflforts for ven- tilation . 1, p. 533, § 302 owner of t^urface of land entitled to support for land and build- ings from person owning mines below 6, p. 4544, § 2787 and liable to mine owner for injury for draining his land into mine 6, p. 4545, §2787 peculiar rules aa to mining partnerships 2, p. 1192, § 636 implied powers of partners in mining partnership 2, p. 1216, § 646 Mistake. See ARBrrRATios axd Award; Payment; Reformation. pirty may show mistake in entering into contract 6, p. 3924, § 2337 mistake must be established by satisfactory evidence. . . 5, p. 392<3, § 2337 mistake of one party only in expressing the agreement does not afifect it 5, p. 3926, § 2338 equity will not enforce specific performance of contract in case of mistake 5, p. 3926, § 2333 mistake wi 1 not be corrected in equity where parties to an instrument have equal knowledge, or equal means of obtaining knowledge, of mistake nnd there has been no concealment, surprise or imposition 5, p. 3926, § 2333 ignorance of stipulation in contract no ground for relief against stipulation 5, p. 3926, § 2333 person .tui jar's cannot, in absence of fraud, deny his written obligation by showing that when he signed it he had not read it 5, p. 3923, § 2333 where contract is in writing, party cannot prove a different state of facts or intention than that expressed in it 5, p. 3926, §2338 where written contract contains mistake common to both parties, equity will relieve 5, p. 3927, § 2.339 illustrations of contracts corrected on ground of mistake. 5, p, 3927, § 2339 when mistake of one party is caused by the act of the other, equity will relieve 6, p. 3923, § 2340 mistake of law will not be relieved against 6, p. 3923, § 2.341 aliter in equity in cases ^i great hardship 6, p. 3929, § 2342 mistake of law will not prevent transaction from being usurious 5, p. 4076, § 2447 agreement procured by mi take or fraud, voidable, not void 6, p. 3939, §2358 MISTAKE. CG49 BListake -(Continued.) written c<.n tract can he varied to prove that agreement was entered into luider niistal;c or accident 5, p. 3SS3 §2314 money paid under ndatalio of fact m:.y Lo recovered . ^''^^- •;•■■•• 6, p. 4223, § 25G1 variance ni mistake in names of parties to eontract, wiietlier individuals or o .rporatioiis, not fatal 5, p. 3970 & o-^j mistake in spelling the name of tract of land will not vitiLte ../•^"^ ; 5.p.3S41,§22S5 mistake or firanitnatical error as to amount, date, time, or place or other matter, docs not afFcct ne -oti.iLle in- '*'■"'""';* r. 4, p. 2C04, § 14G6 person expending money by mistake upon property of another has no equity a-jainst owner 4, p. 3i3,-;^ § OQIS purchaser who obtains by mistake or fraud more land tiian he is entitled to is a trustee 4^ p 3407 § 0313 dividends declared by directors and received by stockholders may be reclaimed by directors, if dcclartd under niis- .,,*"''."•;■••.• l.p. 781, § 471 mistakes m drawin^' negotiable instruments 4, p. 2U01, § 14G6 payment of bill or note by mistake to wrom? party; wi'iun can money be recovered back 4^ p_ 0799 s ]f;]o recovery of funds paid out on check by mistake 2, p. 'JiQ, § 532 where borrower has opportunity to count money, burden' of proving mistake is on him 2, n. 93G § 529 where certification of check is mide by mistake bank may withdrawit 2, p. 942.§ 531 depositor not bound by an errone >us entry; remedy as in ordinary cases of mistake, and this notwithstanding rule of bank requiring payments to be examined at • ..•*!'"^ •■;■■■"■: ^'P- ^•'''•§ •'^^s jurisdiction of equity to correct mistakes in wills 6, p. 5187, § 3221 power of court to correct mistake in administrator's ac- ^.<'°""*' 2. p. 1G07,§ 9S9 guardian not liable for money paid to him as such by mis- take where he has paid it over to the ward before no- *'*=f °^ 2,p.l57S,§ 876 damages for non-assignment of dower recoverable, notwith- standing the refusal to assign was made in good ^^'"^^ 2, p. 1423, § 776 liability of directors for mistakes made in good faith .... 1, jj. G'JS, § 4 1 5 insurer is liable for mistakes or omissions of its agent. .5, p. 3737,' § 2220 effect of fraud or mistake in preliminary proof of loss in ac- tion against insurance company 5, p 3547 g oqss liability of examiner of titles for mistake in overlooking in- cumbrance 1^ p_ 302 g jso liability of attorney for mistake of law 1, p. 303^ g ig.> 6G50 MISTAKE — MORTQAaES. Mistake— (rontlnued .) for inistako in drawing pleading or pnpcri 1, p. SC5, 8 183 for mistake in prosecution of suit. ..1, p. 2J7| § 154; 1, p. SOC, § 184 for mistaku in giving advice 1, p. 308, § 185 for niist.iko or fraud of agent or associates 1. P- SIO, § 188 measure of diiinngos againat attorney 1, p. 308, § 186 liAl)ility for arresting; wrong person on valid warrant. .3, p. 1831, § 1009 m stake in j)ul)lication of libel no defense 3, p. 217S, § 1224 ploa of justilication in lilicl estops defendant from showing tliat it was jiuMislied under a mistake 3, p. 23or). § 1230 renunciation of office bymistake, clTect of 2, p. lG2o, § 900 title liy confusion hy mistake of pirty 3, i). 23!)!), § 1321 ratification made under mistake voidable 1, p. 42, § 33 Money. as chattels 3, p. 2414, § 13.')1 sometimes treated as real estate . 6, p. 4383, § 2GS7 insurance money on house goes to heir. 6, p. 43S,3, § 2CS7 " money " in will, passes real estate 6, p. 4383, §2037 deposit made in gold may be paid in notes, if legal ten- der 2, p. 921, § 526 Monopolies. state may not grant monopolies, when 7, p. C17C, § 3918 Month. See Time. Mortgages. See also rEoiPTRATTov; Trusts and Trustees. 2, (a.) MORTGAGKS OF llBVLTY. 1. fii General. 2. Equitable Mortgages. 3. Ansigiiment. 4. RljUts, Interests and LiabiUlles of Parties, 6. Assumption of Mortijages, 6. Siibrogatlon and Merger. 7. Satisfaction and Discharge, 8. litdtwption. 9. Fureclo.fure. (b.) MORTOAGES OF PeRSONALTT. 10. In General. 11. RiglUa and Liahilities of Parties. 12. Fnndlulent Mortgages, (a.) Mortgages of Really. 1. Mortgages in General. mortgage defined 6, p. 4831, § 3012 transaction will ba deemed mortgage rather than con- ditional sale e p. 4881 n, § 3012 not essential that mortgagor should have given personal obligation for debt 6, p. 4831 n, § 3012 in some states mortgage passes title to property 6, p. 4SS2, § 3012 in others it is a mere lien on property 6, p. 4SS2, § 3012 UORTQAOES. CG51 iSSG, § 3015 4SS«, § 3015 4SSG, § 3015 Mortgages— (Continuerl.) mortgagee not entitled to possession until after fore- '='''»"'"o 6, p. 4 iilentify it 6, p. 4SSC, § 3015 intention to create a lien must clearly ai)pcar, and debt for which security is given must be specified 6, p. iiot essential that mortgage should bo included ia one in- strument Q p may be effected by means of absolute deed, coupled with defeasance in writing, or by parol 6, p, power of sale not essential ingredient of a mortgage. .6, p. 4SSG, § 3015 statutory forms of mortgage 6, p. 4SSG, § 3015 absolute deed of trust is not a mortgage 6, p. 4SSC, § 3015 distinction between such a deed and deed of trust in na- ture of mortgage e, p. 4SSr,, §3015 parties must be properly described in mortgage 6, p. 4SS7, § 3016 mistake in names in mortgage may be explained by P"°^ 6, p. 48S7, § 3016 mortgage may be made to heirs at law of deceased person 6 p not to the heirs of living person 6^ p. name of husband of married woman should be given; or if unmarried, it should be stated that she is " sin:,de " or "awidow" 6, p. 4SSS, § 3016 mortgage is well executed by married woman signing her given name alone, her full name appearing in body of instrument e, p. 4SSS § 3016 description of property in mortgage should be accurate.6, p. 4SSS, § 3017 or be made accurate by reference to other deeds 6, p. 4SS8,' § 3017 effect of uncertainty in description of property 6, p. 4^89, § 3017 no particular form required in proviso, construction of. 6, p. 4S90, § 3018 description of thing secured must be accurate 6, p, 4831, § 3019 mortgage to secure against future liabilities, described with reasonable certainty, is valid 6, p. 4S91 § 3019 parol evidence admissible to identify note intended to be secured by mortgage 6, p. 4891, § 3019 description of all past indebtedness sufficient 6, p. 4S92, § 3019 4SSS, § 3016 48S8, § 3016 CG52 MonTOAQEa. Mortgages -(rontiniiPfl.) coiiBtriiutioii (if niiirt^'ujjos follows rules as to con«trn tion of otlior writt 'ii iistruineiitH 6, p. 4892, 8 3020 any estate or inturest in land wliiuh inuy be solil can also Lo mort^'a-(.(l 6, p. 4S93, § 3021 what ri^lit:i and iutorcsta cannut bo mortgntrcd 0, pp. 4S94-I800, §§ 3021, 3022 franchise of corporation 1. p. 042, 8 377 lot in cemetery 3, p. 2434, § 1343 mort^j'ago of ru.il estate covers all buildings and fixtures attach "(1 to realty at date of mortgage or buIisc- quently 6, p. 4895, §3022 includes such articles as arc necessary to use of realty, ond without which it would cease to be sufTuient security 6, p. 4893, § .3022 whore improveinouts only are incltidod in mortgage, no in- terest in the land passes 6, p. 489.'), § .3022 mortgage of things not in existence is valid 6, p. 4S96, § .3022 what passes by mortgage of railroad franchise, income, tolls, etc 6, p. 4896, § .3022 mortgagee may assign interest he has in mortgaged property, by way of security 6, p. 4890, § .3022 equity of redemption detined 6, p 4S97, 8 3023 a mere right only, and mortgageor has no estate in property, eitlier at law or equity 6, p. 4897, § 3023 right arises by operation of law, and is never stipulated for in mortgage 6, p. 4897, § 3023 mortga;;eor'8 right to redeem cannot bo M'aived or extin- guished by agreement 6, p. 4897, § 3023 maxim of equity ** once a mortgage always a mortgage ".6, p. 4898, § 3023 2. Equitible Mort'jarjes. in what cases do equitable mortgages arise 6, p. 4893, § 3024 illustrations of equitable mortgages: agreement to give mort- gage 6, p. 4899, § 3024 informal or defective mortgage 6, p. 4899, § 3024 assignment by way of security of rents and profits, or of contract for purchase ti la id 6, p. 4899, § 3024 statutory lien 6, p. 4890, § 3024 lien of ^n unpaid vendor 6, p. 4S99, § 3024 lien of venlea who has paid, but not received, a convey- ance 6, p. 4899, § 3024 a deposit of title deeds 6, p. 4900, § 3024 a cond itional sale 6, p. 4900, § 3024 3. Asuhjnment. who may make assignment of mortgage 6, p. 4002, § 3025 who must join in assignment of mortgage 6, p. 4902, § .3025 powers of assignee of mortgage 6, p. 4902, § 3025 MonTOAora. cg.j3 Mortgages -(rontinufid.) a^m^iiiuuiit iiuiat l»u in writinj; 0, p. 4003, § 302G aasi^iiiiieiit jjood Miilidiit ac ml (Icliv.-iy, wIum-.j c >ii ttil with uvi.iciici! to slidw tiiut iii"ity,ig,.o inluinU'l to transfer liin iiit.ureot 6, p 4903, § 3')2G rcIi'MMc or iiuitrlitirn ilccl hulliiirnt 0, |i. VMi, § ;{,/_•(> Cuiivuyaiife witli warranly, elltH-livo as an o.juital.lo as>i-ii. meiit of .lel)t o, p. 41)04, § 3020 debt must be 08J.i^iie.l in or.ler to pas3 iiittiest in jneni- '"*-'''• 6, p. 4!K)4, § 30'jrj asfii;,Munfnt of debt carries with it ri-Iit to se urity 6, p. 4'JU4, § ."iU'JO payment of it;,'a>;e delit by one bavins; an interest to ]iro- tfct will opiratu as assij^nnient 0, p, 4904, § 3023 dischar;,'e of a ni<.rti^a;;e may bo trcatcl in equity as an assignment 6, p. 4004, § 3020 assiynuiont of k-ss than wlido of the ikbt canies with it a ]>ro nita interest in nmrtga^'o G, p. 49p.", § 3027 mortgagee may assign whole uf premises as security for part only of (Ul.t G, p. 490J, §3027 Beveral notes may be secured by one mortgage, and may be afterward assigned to dilFerent p rsona G, p. 4905, § 3027 priority of paycnent of various notes or portions of debt so »=*"'='"-■'' G, p. 4900, § 3027 assignee of note secured by mortgage takes it suliject to «*l"'tii;3 G, p. 4907, § 3023 niortgageor cannot raise ilef. nte of want of considera- tion, or that note and mortgigc were obtained from liim by fraudulent representations G, p. 4907, § 3023 , aUter if note secured was non-negotiable, or had been a>signed after maturity G, p. 4907, § 3023 assignment trantfers not only claim against niortgageor, but also all securities held by assignor for same debt G, p. 4909, § 3029 contract of guaranty made to moitgagee, will not pass G, p. 4909, § .S023 assignor impliedly covenants not to receive payment of the de it assigned G. p. 49'i9, § n029 assi/n^e must give notice to mortgageor of assignment. G, p. 4909, § 3j29 assignor warrants validity of m()rtj.ag'', including bonds and ""tes G, p. 4909, § 3029 assignor not answera'le for a defective title, unless he has made some representation respcjting it G, p. 4909 § 3029 where the mortgage confers a power of sale, assignment of note secured by the mortg ige carries with it power of ^'^le G, p. 4909, § 3029 defective execution of power of sale operates as assignme .t of mortgage G, p. 4009, § 3029 mortgawee assigning it as collat ral security for debt. . ,G, p. 4910, § 3029 after assignment of debt mortgagee cannot give release. 0, p. 4910 § 30_'9 Lawson H. Il R.— 404. C65i MORTGAGES. Mortgages— (Continued. ) 4. Riijhts, Interests and Liabilities of Parties. no estate in land passes to mortgagee 6, pi>. 4911, 4913, § 3030 mortgageor has all rights of ownership over pro]ierty 6, pp. 4911, 4913, §3030 possession of mortgageor presumed to be in subonliiiatiou to title of mortgagee 6, p. 4911, § 3030 mortgageor can make no lease or contract respecting mort- gaged premises to bind mortgagee 6, p. 4912, § 3030 mortgageor not entitled to be allowed for improve- ments 6, p. 4912, § 3030 nor bound to rebuild erections destroyed by tire 6, p. 4912, § 3030 estate of mortgageor liable to be attached, levied upon and sold under execution 6, p. 4',tl2, § .1030 right to crops growing on premises 6, p. 4912, § 3030 mortgageor cannot defeat mortgage by buying laud at tax sale 6, p. 4912, § 2030 after-acquired title by mortgageor enui'es to benefit of mort- gagee 6, p. 4912, § 3030 effect of mortgageor's warrantv of title 6, p. 4913, § 3030 mortgagee's interest is a chattel interest 6, p. 4913, § 3031 has no right toactud possession and receipt of profits. 6, p. 4914, § 3031 is a purchaser wiihin the registry acts 6, p. 4914, § 3031 relationship of mortgageor and mortgagee not of a fiduciary character 6, p. 4914, § 3031 mortgagee may acquire title adversely to mortgageor at judi- cial sale 6, p. 4914, § 3031 mortgagee taking possession of laud must use it with dili- gence 6, p. 4915, § 3031 mortgagee taking possession is accountable for what. ..6, p. 4915, § 3031 doctrine of taking of mortgages, when permitted 6, p. 49! 5, § 3031 right of mortgagee to consolidate mortgage 6, p. 4915, § 3031 in most states mortgageor may redeem each mortgage sep- arately 6. p. 491G, §3031 mortgage not discharged by change in or renewal of note or debt 6, p. 491G, §3031 rights of purchaser of equity of redemption 6, p. 4918, § 3032 rights of lessee of mortgageor 6, p. 4921, § 3033 rights of mortgar^eor to bring ejectment 6, p. 492.'?, § 3034 rights of nioi tgr gee to bring ejectuieut 6, p. 4924, § 3035 mortgagee may maintain writ of entry against mort- gageor 6, p. 4925, § 3036 or against persons claiming under mortgageor who have en- tered 6, p. 4925, § 3036 junior mortgagee only affected by previous liens of which he has notice 6, p. 4925, § 3037 prior encumbrancer cannot alter terms to his prejudice. 6, p. 4925, § 3037 MORTGAGES. 6655 Mortgages— (Continued . ) junior encumbrancer has right to redeem any earlier incum- . . ^'■'■^"•^"V 6. p. 4925, §3037 junior encumbrancer entitled to reasonable diligence, by earlier incumbrance T. ... 6. p. 4025, § SO.'J? juuior encumbrancer entitled to have prior securities mar- shaled in his favor Q J, 4925 §3037 where first mortgage comprises one security, and second only a portion, second mortgagee takes title subject to the whole amount of prior mortgage 6 p 49'>5 § 3037 rule as to purchase of tax titles by mortjageor applies' to junior encumbrancers g p ^qoq, § 3037 *fter sale of mortgaged premises, balance remaining' in hands of first mortgagee is held as trustee for su°bsc- quent encumbrancer 6, p. 492G, § 3037 mortgagee cannot enforce mortgage until he has been dam- ag 'd either actually or constructively 6, p, 4927 § 30.38 rights and liabilities of parties under mortgage of i'udem- . . °'*^' • • 6, p 5927, § 30.S8 rights otmortgageor and mortgagee to maintain partition. 6, p. 5929, § 3039 ir what cases is a mortgagee estopped from settin- up his r , 7'*-;^^ .....r.... 6, p. 4931, §3040 5. Assumption of Mortgage. agreement to assume mortgage, how evidenced 6, p. 4933 § 3041 what is sufficient to constitute a q'^ p. 4933' ^ 3^41 agreement to pay the interest does not create obligation to pay principal °. ... 6, p. 49.33, § 3041 covenant to assume mortgage equivalent to covenant to pay ■*. 6, 13. 49.34, § 3041 transaction is an original promise to pay, and not an agree- m*int to pay debt of another 6, p. 4934, § 3041 grantee becomes princip " debtor, and mortgageor is , ^"""^^y 6, p. 4934, § 3041 each successive grantee who covenants to pay mortgage Ije- comes original promisor, with original mortgageor as his surety; mortgagee entitled to sue any of them. . .6, p. 4934, § 3041 purchase and assumption of payment by senior mortgagee of a junior mortgage postpones senior in favor of juni^ r mortgage. 6. p. 49.35, § .3041 effect of assumption of payment by junior mortgagee. . .6, p. 4930, § 3042 power of married woman to assume payment of niort- , ^^f 6, p. 4937, § 3043 release of mortgageor by mortgagee; extension of time to pur- chaser of equity releases mortgageor 6. p. 4938, § 3044 where mortgageor makes an absolute conveyance, and pur- chaser assumes mortgage, such conveyance and as- sumption irrevocable g, p_ 4939 g 3345 6656 MORTGAGES. Mortgages — (Continued. ) but mortgagee must first know of and accept transac- tion G, p. 4939, § 3045 6. Suhrogntlon and Iffn/er, See also Suketysiiip; Guaranty. Bubrogation defined 6, p. 4941, § 3046 does not arise by contract 6, p. 41142, § 3046 wbo entitled to be subrogated to right held by or ginal creditor 6, p. 4942, §3047 mortgagee who has piiid prior mortgage, or other encum- brance, entitled to be snbrogated to the rights of en- cumljrancer whose char;;e he lias j)aid 6, p. 4944, § 3048 surety or guarantor paying debt has samj rights 6, p. 4i)4f), § 3(149 mortgageor entitled to subrogation when 6, p. 4947, § 3050 strangers or volunteers not entitled to subrogation 6, p. 4'J4S, § 3051 merger of mortgage arises only when entire title, equitable as well as legal, becomes vested in same person. .6, p. 4950, § 3052 doctrine never favored at law 6, p. 4950, § 2(i52 illustration of merger of mortg.ige 6, p. 4950, § 3052 in what cases merger of mortgage docs not take place. .6, p. 4952, § 3053 7. Satif/action and JJisr/ufrge. payment before day prescribpil ^= •-^i'r'-ctir'r". of mort- gige 6, p. 4955, § 3054 and title becomes revested in mortgageor 6, p. 4955. § 3054 even though mortgagee refuses the tender 6, p. 4955, § 3054 payment after law day does not, at common law, revest title in mortgageor 6, p. 4'^55, § 3054 aJiter where mortgage is mere lien upi>n the land ... .6, p. 4955, § 3054 cancellation of a mortgage upon record is only itrimafurie evidence of its discharge 6, p. 4956, § 3054 mortgagee entitled to show that discharge was obtained by accident, mistake or fraud 6, p. 4956, § 3054 presumption of payment of mortgage on account of expira- tion of twenty years 6, p. 4956, § 3054 where a ninrtgagee obtains a decree of foreclosure, presump- tion of payment arises 6, p. 4956, § 3054 if mortgagee purchase premises on foreclosure for sum equal to mortga;.e note, he sati.sfies note 6, p. 4956, § 3054 tender after conditions broken does not discharge mort- gage 6, p. 4957, § 3()55 renewal of note or judgment on it does not discharge mort- gage 6, p. 4957, § 3055 in what other modes niortj.af.e not discharged 6, p. 4958, § 30"5 who may give satisfaction of mortgage 6, p. 4960, § 3056 after payment or performance of condition, mortgage is in- ojierative, and cannot be held as security for any other debt 6, p. 4901, § 3057 MORTGAGES. 6657 Mortgages— (Continued. ) whether mortgage once paid can be revived by mere verbal agreement of parties 6, p. 4961, § 3057 mortgage given upon homtstead cannot be revived by Jius- band 6, p. 49G1, §3057 • form of discharge immaterial, unless form of " siilisfaction piece " prescribe! by statute 6, p. 4902, § 305S effect of parol release or receipt in full 6, p. 4'M'A, § 3l)5S penalties for not discharging mortgage 6, p. 4903, § 3059 8. L'eileutjjfion. wiio has right to redeem mortgage 6, p. 4965, § 3060 who has not right to redeem mortgage 6, p. 4900, § 3060 at what time may right be exercised 6, p. 4900, § 3061 right barred after expiration of statutory time after fore- cl sure 6, p. 49GG, § 3061 contract betWv,on parties extending time of redemption l)e- ytind j)erii)d limited by st.itute enforced G, p. 4967, § 3061 ■where no statute, redemption may be had after foreclosure by one entitled to redeem, who was not party to fore- closure suit 6, p. 4967, § 3061 where right of some is barred and others not, latter may re- deem their shares 6, p. 4967, § 3062 mortgage claim must be paid or conditions performed before redemption can be had 6, p. 4967, § 3062 all costs and fees provided for in mortgage must be in- clude.l 6, p. 4967, § 3062 purchaser of part of equity cannot reileem portion only. 6, p. 4967, § 3062 mortgagee must be paid all sums advanced by him to satisfy prior encumbrances 6, p. 49G8, § 3062 person seeking to redeem after foreclosure must Jiay, what 6, p. 4963, § 3062 junior mortgagee must redeem prior mortgage entirely. 6, p. 490S, § 3062 mortgageor must pay all taxes, assessments, etc 6, p. 49G8, § 3002 ■where mortgagee has taken possession, he is liable to account in equity 6, p. 490S, § 3063 uj)on redemption, must apply rents and profits toward satis- faction of principal and interest owing, after deduct- ing proper allowan -es 6, p. 4968, § 3063 right of mortgagee to work land 6, p. 4970, § 3063 ■where he personally occupies premises, chargeable with fair rent 6. p. 4970, § 3063 mortgageor entitled to rents and prolits accruing after tender of redemption 6, p. 4970, g 3063 mortgagee in possession bound to keep property in proper repair 6, p. 4970, § 3064 for cost of all necessary and proper repairs he will be alhiwed in his accounts 6. p. 4970, § 3064 6658 MORTGAGES. Mortgages— (Continued.) wlien inortyagce in possession mannges estate himself, is not allowed to charge for time and trouble 6, p. 4070, § SOfiS may appoint agent, however, and pay him 6, p. 4!»71, § '^0(j5 rule as to disbursements 6, p. 4t)71, § .S0G5 rule as to taxes, assessments, insurance 6, ]». 4071, § 3065 in taking account between mortgageor and mortgagee, rents and prolits should first be charged against interest accruing for like period as such rents, and bahince in reduction of principal 6, p. 4971, § 3065 if rents exceed the interest, rests should be made, and inter- est allowed on surplus 6, p. 4072, § 3065 simple interest only will be allowed upon debt 6, p. 4072, § 3065 rule as to rests explained 6, p. 4072, § 3065 9. Foreclosure. strict foreclosure, what is; when lies 6, p. 4073, § 3066 statutory method of foreclosure must be followed 6, p. 4074, § 3066 right of foreclosure arises as soon as condition of defeasance is broken 6, p. 4074, § 3067 such breach occurs when 6, p. 4074, § 30()7 mortgageemiist wait until last installment of debt is due. 6, p. 4075, § 3067 where mortgage debt made payable on demand, no demand necessary 6, p. 4075, § 3067 indemnity mortgage cannot be foreclosed until surety has been danmiried 6, p. 4075, § 3067 where conveyance absolute in form is in fact mortgage, fore- closure may be had as though mortgage were such in form 6, p. 4075, § 3067 by whom may right of redemption be exercised 6, p. 4076, § 30()8 who necessary parties to bill to foreclose mortgage. ..6, p. 4976, § 3068 decree operates as final adjustment of rights of all persons parties to suit 6, p. 4078, § 3069 does not airect those erroneously omitted 6, p. 4078, § 3069 cannot affect rights superior to those of mortgageor and mortgagee 6, p. 4978, § 3069 validity of decree, however erroneous, cannot be ques- tioned on collateral attack 6, p. 4078, § 3069 though the decree set aside for error or irregularity, sale under decree will transfer whatever title mort- gageor had 6, p. 4078, § 3069 title of bona fide purchaser for value without notice cannot be affected by error in decree 6, p. 4078, § 3069 decree obtained by fraud void 6, p. 4078, § 3069 foreclosure decree finally fixes amount due; no objections can be made to issue of execution for deficiency. . . .6, p. 4070, § 3069 decree does not change character of surplus after claim un- der mortgage 6, p. 4979, § 3069 M0BTGAGE3. 6G59 3067 Mortgages— (Continued.) purchaser under decree acquires all interest of mortgageor and mortgagee 6, p. 4979, § 3070 confirmation of sale relates back to date of delivery of deed 6. p. 4''80, §3070 what purchaser entitled to, crops, fixture?, rents 6, p. 4980, § 3070 effect on deed of sale under foreclosure set aside on ap- peal 6, p. 4980, §3070 writ of assistance to enforce d'/livery of possession to pur- chaser at sale under foreclosure 6, p. 4982, § 3071 right of mortgagee in addition to bringing suit to foreclose, to maintain ejectment after condition broken, and sue on note or other obligation at same time 6, p. 49S3, § 3072 action at law will lie to recover deficiency after sale of prop- erty 6, p. 4984, § 3073 elfect of mortgageor's bankruptcy 6, p. 49SG, § 3074 See Bankruptcy. implied power of agent to foreclose mortgage 1, p. 103, § 68 (b.) Ji/orlijnfjes of Pcraonalfi/. 10. fn Gihtral. chattel mortgage defined; nature of 6. p. 4988, § 3075 on breach of condition mortgagee may assume possession of property 6, p. 41)88, §3075 before breach mortgageor is entitled to possession and use of property 6, p. 49S9, § 3075; 6, p. 5012, § 7084 and on performing condition le!;al title revests in him. 6, p. 4989, § 3075 after breach mortgageor has equitable right to redeem, not- withstanding liis default 6, p. 4989, § 3075 right continues until foreclosed by judicial proceedings, or otherwise barred by lapse of time or public side. .6, p. 4989, § 3075 interest of the mortgageor of personal property is such that execution may be levied, on it even though in posses- sion of mortgagee 6, p. 4989, § 3075 distinction between mortgage, a pledge, and a conditional sale 6, p. 4990, § 3076 chattel niortgnge may be by deed, or by instrument under hand only 6, p. 4993, § 3077 as between parties, may be merely verbal, unless required by statute to be in writing 6, p. 4993, § 3077 may be absolute in form, accompanied by either a written or verbal defeasance 6, p. 4993, § 3077 chattel mortgage under seal may be waived or altered by subsequent parol agreement 6, p. 4993, § 3077 no specific form of words necessary to create chattel mort- gage 6, p . 4993, § 3077 not necessary that it should* empower mortgagee to take possession after f'efault, or confer power of sale. .6, p. 4993, § 3077 date not conclusive evidence of time of execution 6, p. 4993, § 3077 CGGO MORTGAGES. Mortgages— (Continued.) error in date may becc-rected by parol evidence if mortfjage not under seal fc, p. 499J, § 3077 if mortgage undated, auch evidenrie permissible to show date of execution 6, p. 4994, § 3077 statutory forms of cluittel mortgagis are not exclusive of other forms 6, p. 4994, § 3077 statutory requisite that previous mortgage must be re- ferred to 6, p. 4994, § 3077 description of property must be such that it may be iden- tiKed 6, p. 4904, § 3077 de'cription of debt or liability should also be given ,...6, p. 499"), § 3077 note secured need not be copied into mortgage 6, p. 491)5, § 3077 who may give a chattel moi tgagc G, p. 19;i7, § 3978 who may take a chattel mortgage 6, p. 4997, § 3078 what chattels and interests may and may not be mort- gaged 6, p. 4998, § 3079 accessions to titles are covered by mortgage of them 6. p. 50u0, § 3079 title to ship by mortgage of vessel 3, p. 2od0, § 1421 1 1 I'iijJtfsond LiahHit'iM of Parties. mortgageor in possesbion before default may dial with it as he pleases 6, p. 5010, § 3084 mortgagee, in abseuce of contrary stipulation, lias rig-it to immediate possession 6, 5010, § 3084; 6, p. 5014, § 3083 trover or trespass will lie by moitgiigeor against mort^ijiigue for disturbing bis possession 6, p. 501 1, § 3084 mortgagee may sue these persons for injury to property .6, p. 5011, § 3084 either mortgageor or mortgagee may maintain an action for injury to mortgaged chattels 6, p. 5011, § 3084 mortgageor in possession not obliged to account for rents and profits 6, p. 5011, § 3084 where mortgageor mixes his goods with others, all become subject to mortgage 6, p. 5012, § 3084 mortgageor cannot release his equity of redemption. . . .6, p. 5 )1'2, § 3084 within what time must right to redeem be exei'uised. . .6, p. 5013, § 3084 payment or tender of debt must be first made 6, p. 5013, § 3U84 as soon as the mortga.;ee'3 possession becomes adverse to mortgageor, the period of limitation begins to run 6, p. 5013, § 3084 part payment after forfeiture is waiver of forfeiture, and time for redemption begins to run from d.ite 6, p. 5013, § 3084 mortgagee may have action for damages to reversionary in- terest, even though he has not right to immediate pos- session 6, 5014, § 3085 where mortgagee has just ground for apprehending loss or injury to property, receiver may be appointed before breach of condition 6, p. 5014, § 3085 MORTGAGES. (JCGl Mortgages— (Continued. ) ri^ht of mortgagee to seize and sell property wliere " he feels unsafe or insecure" q p. 50I 5 § 30S5 mortgagee may purchase equity of re.len.ptii.n 6, p. 5015,' § 30S5 remedies of mortgagee of chattels after breach of con- . '''*J°" 6, r.. 501 5, § 30S5 how much property may mortgagee sell. 6, p. 511.-,, § .-Jos.-,; 6, 5017, § 3^85 right to foreclose barred after lapse of time witliiu which an action at law might be brought for possession of j r..p- , ^''^^ 6, p. 5016, § 3085 where m^.rtgage contains power of sal.-, mortgigeu's ri.-hts are cumulative " 6. p. oOlG, § 3085 notice of sale not necessary; private sale good Q, ,,. 5^17^ § 3035 no warranty of title on sale under power of sale in mortjjage of chattels c ^,^ -,,,- n ornn: liability to account for income or profits attaches to mort- gagee in possession 6, p. .o017, § 30S5 mortgagee liable for ordinary neglect in management and preservation of property 6, p. 5017, § 30S5 rights and liabilities o: assignee of mortgagcor 6, p. 5;H S, § 30S(> of assignee of mortgagee 6^ p.' 5Jiy,' § 3087 tr.ver between mortgageor and mortgagee for conversion of 10 p ,1"'\^t^': 7, p. 5G91, § .W9 12. I- rami i( lent Mort'jafjes. where fraud attaches to any part of property, it affects en- tire security 6, p. .5021, §3088 t>arties cannot by parol agreement render valid a mf)rt_'aL:e which is fraudulent in la w 6, p. 5021 § ,3088 where part of debt to secure which mortgage was given is . '"'^''^- • : 6, p. 5021, § 3088 where execution of mortgage is procured under circum- stances of duress, fraud or misrepresentation, it is . '^''^""y ^o'^ 6, p. 5021, § 3088 that mortgage is given to secure payment of larger amount than actually due not conclusive of fraud 6, p. 5021, § 3088 that mortgage is fraudulent as against creditors does not invalidate it as between parties 6, p. 5022 § ,?0S8 mortgageor remaining in possession as evidence of fraud 6, p. 5022, § 3089 mortgage given to hinder and defeat creditors v.iid, '^'^^'^ e, p. 5024, § 3090 in absence of statutory prohibition, debtor may prefer cred- itor by mortgage or otherwise 6. p. 502f; § .3091 parties related to each other raises suspicion of bonafih'X.G, p. 5u26, § 3091 where debtor in failing circumstances gives mortgage to one creditor, a circumstance indicating fraud 6, p. 5027 § 3091 whether mortgage was made in usual course of business a questiou for jury 6. p. 5027, § 3091 GG62 MORTGAGES— MUNICIPAL CORPORATIONS. Mortgages— (Continued.) jurisdiction to set aside frsudulcnt mortgage of chattels is in state courts 6, p. 5027, § 3091 permission to niortgagcor to sell property in usual course of business renders mortgage fraudulent, when and where 0, p. 502S, §3002 Municipal Bonds. See Bonds; Municipal Corpohations. Municipal Corporations. 1. I'OW tUS AND LlABIUTIES, 2. Okfickus and Agknts. 3. Okdinancks and By-Laws, 4. Torts of MrNifiPAL Coiiporations. 1. I'liwcrs and LiabiUlks. municipal corpora. ions defined; what constitutes the "cor- poration" 7, p. 6182, §3919 what are nuasi coriior.itiona 7, p. 61 S3, § 3920 are created by state 7, p. 0184, § 3921 charter or amendments need not be accepted 7, p. 6184, § 3 '22 legislature cannot divest corporation of its property. . . .7, p. CIS.'), § 3922 form of grant 7, p. 6185, § 3923 legality of, cannot be collaterally attacked 7, p. 6185, § 3923 ' authority of, may be pioved by charter or act 7, p. OlSli, § 3924 or by reputation 7, p. 6160, § 3924 charter or act of incorporation of municipality will be judi- cially noticed 7, p. 618.5. § 3924 alitm- as to ordinances and by-laws 7, p. 6185, § 3924 charter may be altered or repealed to what extent 7, p. 6186, § 3925 municipal corporations possess only such powers expressly granted, or necessary to carry into effect powers granted 7, p. 61S8, §3926 doctrine of ultra vires applied with greater strictness to municipal bodies 7, p. 618S, § 3926 municiiJal corporation not estopped from denying valiility of contract made by ollicers 7, p. 6188, § 3926 discretionary powers of corporation will not be judicially contndled 7, p. 6188, § 3927 corporation may delegate its powers to agents or commit- tees 7, p. 6189, § 3923 aliti'r as trt its discretionary powers 7, p. 6190, § 3929 when duty imposed on corporation is imperative and when dis retionary 7, p. 6191, §3930 construction of " may " and " it may be lawful " 7, p. 6191, § 3930 implied powers of muuicipal corporation to become surety or guarantor 7, p. 6192, § 3931 to sue 7, p. 6192, § .3932 to compromise claims 7, p. 6192, § 3932 3922 MUNICIPAL CORPORATIONS. 6063 Municipal Corporations— (Continued.) to emplciy attorneys 7^ p. G102, § 3033 to purchase and hold property 7. p. 61 !)3, § 3934 to hold property in trustor in gift 7, p. 6194, § 3935 tooonvey property 7, p. 6i96, § 3936 to morti,'a^'e property 7, p. G19(3, §3937 to borrow money 7, p. 619(5, § 3938 to issue bonds 7, p. 6197, § 3933 to issue or to subscribe to stock 1, p. GIO, § 343; 7. p. 6'2i)f), § 3947 express limitations as to indebtedness construe ion of... 7, p. G198, §3939 linutation in constitution a<,'ainsfc state indebtedness does not limit city or municipal indebtedness 7, p. 6198, § 3939 prohibition on municipal authorities going beyond certain limit does not bind legislature 7, p. 6198, § 3939 power of municipal corporation to offer reward 7, p. 6199, § 3940 has power to fit up and furnish proper quarters for itt of- ficers 7, p. 6200, §3941 to build scliool house, or town-ha'l 7, p. 6200, § 3941 special authority to repair public building gives no power to erect new one 7, p. 6200, § 3941 power to rebuild or repair gives authority to determine on P''in 7, p. 6201, § 3941 city has right to allow building to be used for other pur- poses, either gratuitously or for compensation. . .7, p. G201, § 3941 power to appropriate money for purchase and maintenance of fire engines 7, p. 6202, § 3942 power to forbid erection and compel removal of combustible buildings within thickly settled portion of town. 7, p. 6202, § 3942 fact that one had already dug cellar and con'racted for ma- terials and erection does not exempt him from opera- tion of ordinance 7, p. 6202, § 3942 city may summarily tear down wooden structure erected within designated fire limits, and dangerous on ac- count of fires 7, p. C202, § 3942 or destroy buildings to prevent the spread of fire 7, p. C202, g .S942 city may restrain acts injurious to public health 7, p. G203, § 3913 has powe*- to indemnify officers against liability incurred in discharging duty 7. p. 6204, § 3944 no authority to contract or vote money for entertaining guests or other persons 7, p. 6205, g 3945 or for celebrating holidays or other events 7, p. 6205, § 3945 authori'y of city to impound and forfeit trespassing ani- mals 7, p. 6205, § 3946 liability of city for damage done by impounded animals. 7, p. 620G, S 3946 power of municipal corporatiim to make contracts 7, p. 620S, § 3948 no power to make contracts which will embarrass or control legislative powers and duties 7, p. 6208, g 3948 6064 MUNICIPAL CORPORATIONS. Municipal Corporations -(Continued.) nor contr.ioti proliihitod l)y clinrter or law 7, p. 6209, § 3949 ooQtracts with olFiijera or agents — pursnna lionnd to know limits (if authority 7, p. G209, § 3950 corporation has an iiniilied power to adnpb corpoiato seal 7, p. (i210, §3951 contracts need not be under seal, unless so rccjuired hy charter 7, p. 0210, § 3951 contracts may he made hy ordinance, or hy rpsolution 7, p. CJIO, § 3952 bound hy implied as hy written contracts while acting witli- in the scope of autliority 7, p- <)2I0, g 3952; 7, p. C215, § 3955 contract, specially authorized by ordinance, can only be altured by ordinance 7, p. 6210, § 3952 when mode of contracting prescriljed by statute, that mode must be pursued 7. p. 6210, § 3953 duty of municipal corporation to let contracts to lowest bidder 7, p. G2I2, § 3954 contracts of, ultra vins, not hindiiif; 7, j). 6216, § 3950 contracts of, in violation of law, not binding 7, p. ()217, § 3956 corporation may ratify unauthorized contracts of its agents 7, p. 6217, § 3957 ratification, how ma.le 7, p. 6218, § 3957 municipal corporation can only be dissolved by act of leiiis- laturo 7, p. 6219, § 3958 suit pending at time of repeal may be revived against new corporation 7, p. 6219, § 3958 new corporation created in place of old, bound by judgment against old one 7, p. 6219, § 3958 name of corporation may bo given it by statute, or by usage 7, p. 6219, §3959 where name is given by statute, it cannot be changed by corporation 7, p. 6219, § 3959 grant to corporation by wrong name, good 7, p. 6219, § 3959 boundaries of corporation: may be changed by legislature; elFect of change 7, p. 6220, § 3960 2. Officers and Aijentst. no implied power to appoint officers except as named in charter 7, p. 6223, § 39G1 qualifications, duties, etc., of officers prescribed by charter must be strictly followed 7, p. 6223, § 3961 city may abolish office during term, when 7, p. GJ23, § 3961 council is judge of election and qualifications of its officers; decision not reviewable 7, p. 6223, § 3961 term of office of municipal officers 7, p. 6224, § 3962 resignation of office; different forms of 7, p. 6225, § 3963 officers can claim only such compensation as is given them by charter, ordinance or contract 7, p. 6226, § 3964 MUNICirAL CORrORATIONS. 6GG5 Municipal Corporations -(rontinncd.) dffiicU) < tlicer cannot sue for ^ervioe9 7, p. C227, § 3nfi4 corponitidii may rtduce or retjulate salaries or fees 7, p. (;_'J7, § S'JGt ollicer cannot claim increased pay for extra duties 7, p. Gi';iS, § 3i}(j4 wliere neither duties nor compensation of city solicitor pre- scribed, he may recover what they are rcasonaltly ^■'"■t'' 1, p. ,^23, § 107 officer removed for cause cannot recover salary for remain- der of term 7, p. C229, § 3964 right to impose lines for mi.-'Conduct gives no right to impose f.irfi iture of saiaiy 7, p. (3009^ g 39(54 public olliuers not liable to corporation for negligence in <.t!i- cial duties 7, p 02.10, § 3965 have power to sue commensurate with their duties. . .7, p. 6230, § 3966 public oliicur required to account for money, though stolen without his fault 7, p, 0230, § 3967 officers not personally liable on contract 7, p, 0231, § 3963 unless tliey contmct without authority 7, p. 0i>31, § 3!)f;8 not liaiile fir misconduct or mi-fcasanue of subordinates 7. p. 6231, § 3%9 not liable for errors or mistakes when acting judicially. 7, p. (;231, § 3I»70 power to remove ollicers 7. p. {\-2?,\, § 3i»71 corporate meetings; town meetings; tlec ive council. . .7, p. 62.33, § 3972 wha is a quorum, what nundjer may act 7, p. G233, § 3973 regular and special meetings, notice of; what things may be considered at 7, p. 6235, § 3974 mode of voting at corporate meetings; what number of votes f'^qwi'-^'l 7, p. 623.-., § 3975 right to rescind what was done at former meetings 7. p. 623."). § 3975 right to adjourn 7, p. C235. § 3975 riglit of clerk to amend records 7, p. 6236, § 3975 mayor of city, rights and powers of 7, p. 023(), g 3976 city council, how ccmiposed, rights and powers of 7, p. 6236, § 3977 governing body < annot delegate authority 1, p. 27, § 27 5. Oriliiiducex and By-Lavs. what are ordinances; distinguished from resolutions 7, p. 623S, § 397S effect of ordinan. ea; need not be published 7, p. 6239, § 3973 power of municipality to pass ordinances 7, p. 6239, g .3979 power, how c .nstrued; when general power not implied. 7, p. 6240, § 3980 necessity for ordinance need not be expressed on its ^*"^ 7, p. G24I, §3981 ordin.ance must be reasonable 7^ p. 6211 § 39S1 reasonableness of an ordinance is for the court 7, p. G .'4 1 , § 39S1 illustnitions of ordinances held unreasonable 7, p. 6242, § 39S1 ordinance must be general; nmst not m ike an act done by one perso.i penal, and by another innocent 7. p. 6244, § 3981 must be fair and im[)art al 7, V. 6244, § 39S1 must not contravene common right 7, p. 6244 § 3981 CGGO MUNICIPAL CORPOnATIONS. Municipal Corporations— ((.'ontinucd.) muiit bo certain, both in its ilufiuition of oflense and pcnixlty attiielied 7, p. G215, § 3D31 by-law nitt iiiii:urtnin bouaiiMO ))oiialty is disorotionary; or.liiiaiice must nut ucjiilliut with uunstitutiun or laws of state 7, p. GJ 13, § 3931 by-law imposing I'me for nuiiiicipal ollonse not invalid bc- caiisto auuli aot also punishud by statute 7, p. G24.'», § 3931 charter method of passiii'^ onlinaMCL's must bo followed. 7, p.G^lo, § 39S2 ordinance may provide for tines and penalties for breach 7, p. G2-1G, § 3933 corporation umler general power to make by-laws cannot order forfeiture of property 7, p. G24G, § 3934 power expressly given, can only be exercised after iluo notice and hearing 7, p. G247, § 3984 by-law directing penalty to be levied by distress and sale or forfeiture of goods voiil 7, p. G217, § 3934 power to line does not iuidude power to forfeit 7, p. G247, § 3984 ordinance re(|uiring street railroads to report (juarterly num- ber of passengers carried vali-(.'ss lia'.v.'iy-houses 7, p. 62."),"), § 3991 corporation may establish and retaliate markets 7, p. 023 G, S 3992 may forbid sales or purchases of marketable articles ex- cept at certain market-places 7. p. 025G, § 3992 illustration of by-laws concerning markets sustained. . .7, p. 0257, § 3992 corporation may regulate manner of carrying on trade within municipality 7, p. G2G0, § 3993 mayreipiirelici'nsefee for carrying on trade or business. 7, p. G2G(), §3993 illustrations of ordinances sustained under this p >wer.7, p. G260, § 39. )3 ordinance in restraint of trade void 7, p. G2GI , § 3993 so is ordinance which grants a monopoly 7, p. 0201, § 3993 MUNICIPAL CORrORATION3. ci;c7 3981 Municipal Corporations —(Continnod. ) autlt irity of oorporation over 8truut>i tiiul sidcwulk!!. . . .7, p. tiJOH, § 3004 rif^lit to rtMniire owiiora of proporty to koop streut.i .'mkI siilewalks in rep.iir 7, p. G'_'G3, § 390i city may allow owners of property to plant shade tnns on street without ln-iiny its rif,'lit over 7, p. 0'2(i.", § 3004 city may re^'uhite tra> < 1 m streets 7, pp. GLM.'), (JiT'-'. g,^ 30!) I, 3009 city may regulate use ot sidewalka 7, \i[). (i-Mli, (VJT'J, SS 30!t4, 3009 rights of municipality over wharves 7. p. G'J(!7, {i 3005 where the mode of enfitreemciit of ordinanco presurilied hy charter, that mode must lie piir-urd 7, p. 0-f!0, S 300(> if mode not jjrescrihed, recovery of penalty or line may ho by debt or (issiiinimt 7, p. 02(10, § 309G repeal of ordinance pending pKjaeeutiun releases defend- ant 7. p. (!270, § 3000 in sonic states recovery of penalty is a criminal, or a '/'/'(-c/ criminal, proceeding 7, p. G270, § 3007 but generally action is a civil one, and rules of civil iiro- ccdure apply 7. p. 0270, § 3007 4. Torls III/ Miiiiic!/) il Corporations. legislatiro has full and paramount authority over all public places, streets, squares and commons 7, p. 0271, § 3003 this power usually delegated to municipal corporations. 7, p. 0271, i; 3008 power of city as to gas and water pipes 7, p. 0272, § 4000 as to telegraph poles 7. p. 0273, jS 4 01 as to use of streets by railroads .7, p. (i273, ;5 4002 as to use of streets by horse railroads 7, p. 0275, § 4003 power of municiiiality over bridges 7, p. 0277, § 4404 liability of municipality for defective conditicai of bridges 7 p. 0278, §4104 what is a bridge 7, p. 02S0, §4405 municipal corporation not civilly liable for injuries caused by its acts, when such acts are judicial or di.scretion- ary 7, p. G2S0, § 4006 failing to maintain suitable fire department or provide suf- ficient supply of water 7, p. 02S1, § 4006 destruction of private property to prevent spread of fire. 7, p. 02S1, § 4006 loss of property destroyed by mobs 7, p. 02SI , S 4000 injuries by disorderly persons on highways 7, p. 02SI, § 4006 failing to pass or execute ordinance 7, p. 0281, § 4006 fai'ing to maintain given number of ofiicers in particular de- partment 7, p. 6281, § 400G negligence of physician for poor 7, p. 0281, § 40JG injury by fireworks discharged by citizens, in violation of ordinance 6, p. 0281, § 4000 injuries arising fr()m neglect and violation by private citi- zens of ordinances 7, p. 0281, § 4006 GGG8 MUNICIPAL CORPORATIONS — MUTUUM. Municipal Covporations— (Continued. ) party imprisoned under unconstitutional ordinance has no acton against city 7, p. 6281, §4006 not liable for defe tive planning of iiublic work 7, p. O-S'2, § 4006 nor for injury for failing to improve street 7, p. ()28"J, § 4006 liable for delay in prosecution of public work .7, p. C2S2, § 4006 municipal corporation is liable for neylc' t of duties devolved on it by law or its charter; iDustiation 7, p. 628.'), § 4007 neglect to perform duty — when not liable 7, p. 0287, § 4003 when liable 7, p. 6288, § 40U9 corporation not liable for injury caused by ultra virta act 7, p. 6289, § 4010 municipal corporation liable for maintaining or permitting a nuisance 7, p. C290, §4011 municipal corporation liable for trespass on property of others 7, p. 6292, § 4012 duty or corporation in executing public works — degree of care required 7, p. 629.3, § 4013 establishing and changing grades of streets 7, p. 62'.)4, § 4U14 drains and sewers 7, p. 0297, § 4015 liability for non-repair of hij^hways 7, p. 6301, § 4016 damage must be special to plaintiff 7, p. 6;>0.'}, § 4017 notice to corporation of defect necessary 7, p. 63j4, § 4013 duty of corporation to remove and repair obstructions in highways 7, p. 6308, § 4019 notice of defects in road must be posted by corporation. 7, p. 6312, § 4020 liability of municipality for objects on highway which frighten horses 7, p. 6312, § 4021 liability of city for injuries caused by defects lU side- walks 7, p. 6314, § 4022 not bound to remove snow and ice from sidewalks 7, p. 6317, § 4023 liable fur allowing such quantities to accumulate or cause in- jury to traveler 7, p. 6317, § 4023 no authority to require property owner to remove snow and ice from sidewalk 7, p. 6318, § 4023 where corporation has paid for injury, it may recover against third person who caused it 7, p. 6319, § 4024 where city maintains shade trees, lot-owner not liable for in- jury by falling limb 7. p. 6320, § '*024 liability of municipal corporations for torts of its officers or agents 7, pp. 0321-6322, §§4025-4026 Uusical Instrumento. wiien a nuisance 3> p- 4875, § 3007 Mutuality. See Contracts. Mutuum. what is 4, p. 2907, § 1096 NAMES — NEGLIGENCE. CGU'J Names. See CoRPon.vTioNs, Deeds, Mortgages, Mi-xiriPAL Corporations, I'ARTNKnsirip; Tkadkmarks. corporation not dissolved by use of abbreviation of its cor- porate name t ^ QIK a Kn- right of religious societies to change name 2, p^ 1094, § (joj) one whose relations to co-parvnership are expressed in the " , g ,14^/ that corporatmn is misnamed in contract not material... 1, p. 638, § 372 devise on condition that dcvi,ee sha 1 change his name ,ff,. 7'^-;- ;••••••. 6.p.4511,§27G7 ettect ot mistakes or defects in names of grantors or grantee-. in deeds of conveyance 5, pp. 3790-379.3, §§ 226S 2"'C9 payee of iMstiument designated by wrong name or name un- spelled may indoise it as described 4 „ 9701 SK.-.T National Banks. *. p. ^--1, S loo7 See Banks a.nd Banking, 3. Necessaries. See Husband and Wife, 4; Parent and Child, 3, 4. Necessity. See Fire Ltcense. Negligence. of directors of bank, see Banks and Banking, 4. of attorney at law, see Attorney and Clikxt, 7, 8. of directors of corjiorations, see Corporations, 4. of agent, see Principal and Agknt. See Apctions, 2; Bailments; Brokers and Factors, 3; CoRPOR.vrroNs; Co.sts and Fees; Landlord Ind Tenant; Municipal Corporation.s, 4; JS' euligence; Proximate and Remote Cause. of guardian, see Guardian and Ward, 3. See Damages; Fire; Insurance; Negotiable Invbst. ment; Beglstration; Sheriff's I'artner.ship. injuries by escape of water, see Wateiis and Wateb- course-^, 5. in securing support to land, see Easement.s. of medical men, see I'HYsifiANs and Sukgeons. < 1. Dangerous Agencie.s. 2. Injuries on Real Propi:rtv. 3. Injuriks o.n 1 awAYs. 4. Injuries by Railroads. 6. What is Neoligenck; Evidence op. Lawson k. &, R ^ii^. GG70 NEGLIGENCE. Negligence— (Continued.) 6. Contributory Xkolkjence — i.v Generau (a.) Anim ds. (1).) Can'iern, (c.) Injuries on niglncaijs, (d.) Injuries by liailroiuU, (e.) Innkeepers. (f.) Master and Servant, (g.) Tckgrophs. (h.) Other Cases, 1. Danijerous A'jcncies. , keeping j^unpowder, nitro glycerine or other explosives, a nuisance; keeper liable for injury caused thereby. 3, p. 1975, § 1143 person liable for injuries caused by escape of noxious gases or liquids 3, p. 197G, § 1U3 lessee may maintain action against one wlio has laid gas- pipes so imperfectly that gas escapes t'.itrefrtim. .3, p. 1976, § 1143 one planting noxious tree prnjocting over an adjoining laud is lialilu f ,r an injury to catde caused by their eating the leaves 3, p. 197G, § 1143 new inventions in machinery may be exhibited, though dangerous 3, p. 1977, § 1143 person shipping dangerous goods by carrier liable for injury caused by them 3, p. 1977, § 1143 carrier not liable without notice of their danger us qu di- ties 3, p. 1977, § 1143 person selling or letting dangerous or noxious articles liable for injury caused thereby 3, j). 1979, § 1144 as per.son selling illuminating (luids 3, p. 1980, § 1144 liability for selling gunpowder to infant 3, p. 19S0, § 1144 vendor of article not in itself dangerous not liable for inju- ries received by one who uses it with consent of pur- chaser 3, p. 19S0, § 1144 liability for negligent use of fire-arms 3, p. 1982, § 1 145 of oflicers of militia for 3, p. 1984, § 1145 owner of steam-boiler, when liable for explosions 3, p. 19S7, S 1 14(J liability for injuries caused by blasting rocks 3, p. 1988, g 1147 landlord letting premises infected with contagious disease liable 3, p. 1990, § 1148 person employing workman to do work on infected house 3, p. 1990, § 1 148 liability of city authorities for neglect in removal of small- pox patients 3, p, 1990, § 1148 person taking sick family to boarding-house 3, p. 1991, § 1148 public caterer liable for injury by unwholesome fiod. . .3, [). 1990, § 114S county not liable to inmates of jail which causes them to become sick and diseased 3, p. 1990 n, § 114S NEGLIGENCE. CG71 2006, g 1152 200G, g ljr)2 200S, § llo.'l N"egligence~(Continued. ) liabUity of gaa companies for injuries through necrli- gence. 2, pp. 1U24-1029, § 577 ^. Injunes on Real Property. »3 •' owners of premises owe no duty toward sight-seers or tres- .JT'^'l"--- 3. p.) 992, §1149 nght to set springguns in defense of property 3, i>. jyyj § l JoO liabUity for injury caused by springguiis 3,' p." 199.",,' § 1 150 liability for killing animals with poisoned food 3, p. igys, § 1 150 owner or occupant of premises must keep them safe for per- sons expressly or imjditdly invited 3, p. 1999_ § nsj proprietors of places of public resort must keep thei safe for , J''""'^' 3, p. 2000, §1152 but are not warrantors of safity of structures 3, p. 2007, § 1 152 public halls must be kept in safe condition 3] p. churches must be kept in safe condition 3 ' p. vessels must be kept safe for passengers 3,' p. public wharves and piers must be kept safe for those using , „ *''.''°' ;••; 3, p. 2008,§1153 toll brulges must be kept safe for passengers 3, p. oqiq, § 11,53 injuries from defective condition of leased property ... .3, p. 2012* § 1154 when les- or liable 3, p. 2012, § 1154; 3, p. 2017,' § 1155 when lessee liable 3, p. 2012, § 1154; 3, p. 2017, § 1155 habihty of landlord to tenant for dangerous condition of Itemises. 3. p. 2023, § 1156 excavation in ones land near highway, liability for injury ^!^"^^^^^y-: 3, p. 2023, §1157 excavation in pubhc street, liability for injury caused by.3, p. 2025, § 1153 areas under sidewalk, liability for injuries caused by. .3, p. 202(),' § 1159 objects falling upon travelers from buildings, liability ^""'^ ; • V • 3, p. 2028, § IIGO owner occupant of lot not liable for injury to passer-by from fall of rotten limb of tree 3^ p, 2030, § HCO sufTcring snow and ice to gather or remain on roof, liability of owner or occupier for injury to passer-by 3, p. 2031, § 1161 householder not liable for injury to pedestrian from snow or ice on sidewalk 3, p. 2031, § llGl even when requued by ordinance to remove it 3, p. 2031, § UGl liability of telegraph company for injuries by wires in streets...... 3, p. 2032, § 1162 leaving or maintaining object on highway which frightens horses, liability for 3, p. 2033, § 11G3 permissible obstructions in streets: building materials 3 p .,^^.^ g j,g^ storag- of goods 3, p. 20.35, § 1 1 64 '^\^^^^^^' 3.p.2035,§llG4 '•"^^ 3, p. 2035, 3 UGl 6G72 NEGLIGENCE. Negligence— (Continued.) wa^'on unloading goods 3, p. 2036, § 11C4 persons using highway for games or sports liable for inju- ries to travelers 3, p. 2037, § 1164 3. Injuries on Jlhjlnvai/i. (See also 2.) liability for injury oauseil while driving on highway.. .3. p. 2rt3S, § 1165 one not li-nitcd to particular rate of spueil 3, p. 2033, § 11C5 that piaintilF was at time of acoiduiit violating law will not prevent recovering fur injury on higliway 3, p. 2039, § 1 165 law of road: driver must keep to the right 3. p. 2041, § 1 IC6 in what cases law of road does notapjily 3, p. 2042, § 1166 pedestrians and vehicles have equal rights on highway, and of each is required care 3, p. 2043, § 1167 relative rights of hi)rseman and vehicle and horseman and pedestrian »..3, p. 2043, § 1167 company having "right of way" while going to a fire is not relieved from liability for injury caused by negli- gence 3, p. ^043 «, § 1167 that driver of carriage was intoxicated relevant on ques- tion of care 3, p. 2043 n, % 1 167 bicycle is a "carriage " 3, p. 204o, § 1 1()7 rights and duties of persons cross ng street 3, p. 204J, § 1167 persons laboring upon the highway entitled to jirotection as against passing vehicles 3, p. 2045, § 1167 right of persons infirm from disease to walk on high- way 3 p.2045,§1167 liability for injury by runaway horses 3, p. 2046, § 1163 leaving horse unhitched in city street 3, p. 2047, § 1163 contributory negligence on highways 3, p. 2048, § 1169 See Contributory NEGLir.ENfE. tenant of house liable for injury to pedestrian, caused by negligence of carpenter employed by him on build- ing, 1, p. 511 n, § 294 4. InjnrifH by liailroads. liability for negligence in care of tracks in streets 3, p. 2060, § 1175 railroad running trains in usual manner not responsib e for damages caused by horse taking fright 3, p. 2061, § 1176 what is and what is not negligence in management of en- gine or train causing horse to take fright 3, p. 2C62, § 1176 liability for injury caused by obstructing streets by trains 3, p. 2064. § 1177 injnnps to tnvelers by street cars 3, p. 20l)6. § 1178 where nilroad track crosses public highway, traveler and railroad have equal rights, but traveler muat yield to approaching train 3, p. 2071, § 1180 obligations of railioals and travelers on highways mutual, same degree uf care required of each 3, p. 2071, § 1180 KEGLIGENCE. 6673 Negligence-(Continued. ) where track laid alon,' public street, traveler has right to cross at any point .". 3, p. 2071 , § 11 80 tle^jTee of care rwiuireil of railroad at crossings 3, p. 207.% § 1181 rate of speed, what allowed, wiien ne-li^'ciir.. 3, ,,. '207-i, § 1182 duty of railroad to give waraiug by whistlinj; or rinf,'ing ., ^'^'^ 3, p. 207(5, §1183 evidence as to giving of signals 3 ,,_ oQjy^ § 1184 fadure to erect g.tes at crossings, negligence when 3, p. 207!), g 1185 to have flagman at crossings, negligence wliun 3. p. 2Jr, § 1411 perniiting cattle to run at large 3, p. 2536, § 1412 contributory negligence in actions for injuries by ani- mals 3, p. 2506, § 1387 of children in playing with dangerous animals 3, p. 2598, § 1387 (b.) Carriers. carrier of passengers not liable for injury to passenger which latter, by ordinary attention to his own safety, might have prevented 4, p. 3280, § 1922 if injury could not have been avoided by exercise of ordinary care, the carrier will be liable 4, p. 3280, § 1922 NEGLIGENCE. CG75 Negligence— (Continued.) arm or head out of window not nej^ligence ppr ae 4, p. contrilmtory nfij,'ligince to ride on locomotive 4, p. or on top of cattle-car 4, p. riding in baggage-car with consent of conduct'.r not contrib- utory negligence 4, p. riding on platform not negligence /irr .sc 4, p. standing near bow of ferry-boat when not landing, not negli- gence 4, p. jumping from train while in motion is eontrilnitory negli- gence 4. p. 3-.'.S5, § l!)-2o; 4, p. except when danger is slight 4, p. 32S5, § 102."); 4, y. or circumstances of great necessity justify it 4, p. 3285, § 1025; 4, p. not constituting negligence to jnmp f ro!u street ear 4, p. passenger may jump from vehicle to escape threattnt.d danger 4, p. contributory negligence for passenger not to use means [iro- vided to get on or off trains 4, p. to try to i)ass under train 4, p. to go back into burning car to attempt to save prop- erty 4, p. to go into parts ( f boat not designed for passengers. .4, p. not negligent for passenger to board train at place other than platform 4, p. or in standing up in car to view scenery 4, p. or in leaving seat and standing in passage-way of car on ap- proach of train to station 4, p. or in standing in aisle, and making preparations to leave by brushing and plaiting child's hair 4, p. or, having entered car, and finding no seats vacant, continu- ing to stand, looking about for seat 4, p. or to stand at door of car 4, p. or to keep hand on door of car 4, p. nor for passenger on boat to sit down under small boat sus- pended on deck 4, p. nor for passenger on excursion train to use running boards on side of car 4, p. nor for passenger to stand up in street-car 4, p. nor for woman to wear wide skirts which catch in wheels 4, p. if passenger afflicted with physical or mental disability, known to carrier, latter bound to extend to him in- creased care and watchfulness 4, p. carrier must use due care toward intoxicated person. . .4, p. duty of carrier does not extend to imprisonment of passen- ger 4, p. 3250, § 102:? 3281, § llt.>i 3251, § ;'J2-l 32S1, S HI'-'4 3282, g lit24 32S3, § 1024 3290, § 1027 3290, § 1927 3290, § 1927 32SG, g 1925 3287, § 1926 3288, § 1927 3288, S 1927 32110, § 1027 3289, g 1027 3288, ^ 1927 3280, § 1927 32-.0, § 1927 3280, § 1927 3289, § 1927 3280, § 1927 3290, § 1927 3289, § 1927 3290, § 1927 3290, § 1927 3291, § 1927 3292, § 1928 3293, § 1928 3293, § 1928 CG76 NEGLIGENCE. Neglig'ence— (Continued. ) carrior is under greater duty as to care in case of infant traveliny al(. -Ji)".)!, >? 1 191 duty an 1 liability of railroad to perso i walking on trauk.3, p. 2(J9J, § 1192 tresdpa-iser on railroad trauk injured by appruacliing irain guilty of contributory negligence 3, p. 2007. § 1 192 contril)utory ne^digence to go to sleep on track 3, p. 20 '7, § 1 192 to walk or sit down there while drunk 3, p. 2 i97. § 1 102 to crawl under cars which have tcnipurarily stoi)pcd..3, p. 20!t7, § 1102 to stand between two tracks while train pas.^ea 3, \>. 2u'JS, g 1192 persons at work on the right of way, have right to rely upon company giving theni notice of approach of trains.3. p. 2000, § 1193 80 of persons having business with railroad 3, p. 2(10. i, g 119;] porsons on track by license or custom not trespa.ssers. .3, p. 2100, § 1 194 liability for injunes to trespassing children 3, p. 212j, § 1209 (e.) Iiiiikce/iers. innkeeper not liable for loss caused by negligence of g'"st 4, p. 30G7, § 17S5 guest who brings chattcds to inn peculiarly liable to waste or escape, should notify iniikeiper 4, p. 30G7, § 17S5 not contributory negligence to keep one's money and valu- ables by him, instead of de^jositing them in inn safe 4, p. 30G7, § 1785 nor to neglect to lock one's door, although furnished with a key 4, p. 30G7, § 1785 nor to be intoxicated, and thereby not hear a tliief. .4, p. 3007, § 1785 nor not to inform innkeeper that there is no lock on door of his room 4. p sons, § 1785 nor to consent to share room with stranger 4, p. 3uG8, § 1785 it is contributory negligence to careles.sly expose before strangers box of valuables in a [uiblic room and leave it there 4, p. 20C8, § 1785 or for woman to unnecessarily expose jewelry at i ublic table at hotel 4, p. 30G8, § 1785 (f.) Master and Servant. of servant in failing to notify master of defective machinery etc 1, p. SCO, § 313 in entering or continuing in service, knowing of defect. .1, p. 554, § 311 infailingtonotify master of incompetent fellow-servant. 1, p. 5G1, § 313 aliter where master has equal knowledge of defect of serv- ant l,p. 5G1,§ 313 servant not negligent for using defective machinery, with knowledge of defects, if dangernot imme.iiate. ..1, p. 561, § 313 6G78 NEGLIGExNCE — NEOOTIALLE INSTUUMENTS. Negligence— (Continued.) in goiny into dangerous situation by command of master 1, p. 5^1, § 314 in disobeying regulations of master 1, p. 5G4, § 315 illustrations of otiier casts of contributory negligence on jiart of servant 1, p. 5G-1, S 315 not contributory negligonco forbrakeman to atteinjit to \n k up cou]iling-piu from track in front of slowly moving train 1, p. 5CS, g 316 for section-hands to run handcar over track ahead of train past due 1, p. 5()8, § 316 for bagi^agi'-niaster to jump from moving train in danger of collision 1, p. 0G3, § 316 for locomotive engineer to stick to his post in face of dan- ger 1, p. COS, § 316 for locomotive engineer to run engine, knowing air-brake to be out of order 1, p. 5GS, § 316 (g.) 7\'lfijr>th Negotiable Instruments— (Continued.) 1. Ciisnes of Nejntinble Inntrumeutx. nogotiablo instimnents (letiuud; different cLiases of 4 n "-,70 « Uii bill of excha-,ge, what is 4' " .;--,; ' ' ,: foreign bills ^ ' ;. ';^' ! '^ '** "l""^'^'"^; 4. p. 2.^0. § ,445 iff "IT;-; 4, p. ..so, § 144G elloct of payment of one of set 4 ., .,-,y| g |j^j. promissory note, wbat u [[[^ V '^'-Sl,' § 1447 f'r^ff'^ 4. p. 2.SI, § N4S b.llsofla.l.„g.. 4.p.o,si.§,44!) negot. § I4.-.1 wliat bonds are and are not negotiable 4 p o-j^., g j^-j conpons, negotiability of '. . . 4^ p.' 2oS.s! § 14-52 certitioates of deposit, negotiability of 4, p. 05JJ4' g 14-53 certilioates of stock, negotiability of 4, p. o-.'sj] g i^,-,^ receiver's certificates, negotiability of 4,' j,. o't^ri, § I453 treasury notes, negotiability of .4,' p." ii'isr,' § 14.-,4 bank bills, negotiability of 4 ' ,, 05.^5' § j^'-^ negotiable instrument, bank book not a 3, p. g.^o, § s-js 2. HequmteH of Nejatiibility. must be made p lyable to person, or order, or bearer, or its equivalent '. .4. p. 25SG, § 1455 payable to particular person, M'ithout more, not negoti- , ''^'^•/••; .• 4.P- 258(5, §14.55 not negotiable where payable to certain person only.. . .4, p. 2.180, § 1455 or where payable to order of one as " trustee " 4, p. 2.")8G,' § 1455 payable to person named or bearer is payable to bearer.4, p. 2587^ § 1455 note payable to the order of A. B maybe sued on in name of A. B. without indorsement 4^ p, 25S7 § 1455 words "negotiable and payable without defalcation or dis- count" do not impart negofiability to instrument otherwise non-negotiable 4, p. 2587, § 1 455 effect of seal on bill or note upon its negotiability 4, p. 2587, § 1456 bill must contain imperative directions; mere permission to person or a precatory request not sufficient. . .4, p. 2583, § 1457 insertion of words of courtesy does not affect bill, if direc- tion is there 4_ p 25S8, § l<,v; "I. 0. U.'s" and due bills, containing no promise to pay, not promissory notes 4^ p, 2589, § 1458 instrument, to be a valid bill or note, must be payable un- conditionally and at all events 4, p. 2590, § 1450 order or promise subject to happening of a future event, or provided certain act be or be not done, not a bill or ^°^^ 4, p. 2590, § 1459 G080 NEGOTIABLE INSTRUMENTS. Negotiable Instruments— (rout intied.) bill may ho ucueiituil conditioniilly 4, p. f.'IO », § 1 tno bill ai)stiliito in form may bu delivery cnmlitiDiiiilly . . .4, p. '_'."»'J0 ii, 9 1459 note ii:vyiil)li! aba ibitidy at certain date, and carber i)i()viilnl certain event hapiiens, ne;,'iitialilu 4, p. 2r)02, § ]i'>0 bill or note payable out of particul.ir fund not negotiable. 4, p. 'Jo'.i.'i, § 1 HiO aiiioiiiit |)ayal>lo miisit bo oertaiii 4, p. 'J31J4, § 14U1 advUtion to sum jiayablo of words, "with current cxclianj^'c," does not render instnuiioiit non-negotiable 4. p. 'JH^O, § 1 "*' nor the words, " with intere.-t" 4, p. '2oUQ. § ' order or promise must rerjuire payment to be in money. 4, p. 231)7, § 140^ payable in goods, wares, merchandise or labor not a valid note 4. p. 'J'07, § 1 102 other illustrations of notes not payable " in money ".4, j). 25l(S, § 141)2 order or promise mu.st be for payment t8 ai>pointiiig the payee or holder attorney of maker to confess jndj,'ment for him if note is not paid, or waivinj^ the luiielit of exemption, ap- l)rais-!niontorhomesteadlaws.4, p. SoOH, § MO.'l; 4, p. 2G01, § 14G4 nc^^otia'iility of notes with 8ti|iulations for p.'iyment of at- torney's fees, not paid at maturity, or if suit insti- tuted upon them 4, p. 2599, § HfiS form of, requisites of as to 4, p. 2(j(il, § 14G4 writing on any part of note becomes pa't of it 4. p, 2002, § 1^ instrument may be signed on any part of paper 4, p. 2oU!{, § signing by initials is suUici nt 4, p. 2(M4, § or by mark, witnessed or unwitnessed 4, p. 2f)04, § 1405 name need not be signed 4, p. 2004, § 1405 writing may be in pencil as well as in ink 4, p. 2004, § 1405 or lithographed, or printed, or stamped 4," p. 2004, § 1405 mistake or grammatical error as to amount, date, time, or place, or other matter, does not ell'ect negotial>le in- strum.mt 4, p. 2004, § 1400 date of bill or note not essential 4, p. 2005, § 1407 instrument may be drawn for any sum, small or great. 4, p. 2007, § 14()8 necessary that sum be properly expressed on its face. . .4, p. 2007, § 146S sum in bill or note may be stated in figures a'one 4, p. 2007, § 140S where discrepancy between written words and figures in mar- gin, former govern 4, p. 2G07, § 1408 jdace of making need not be stated 4, p. 2007, § 1409 ellcct of note drawn in one place and payable in another .4, p. 2G(>7, § 1409 delivery essential to validity of negotiable instrument. .4, p. 2008, § 1470 v/liat is and what is not a good delivery 4, p. 2008, § 1470 may be delivered in escrow 4, p. 2612, § 1471 3. Parties to Negotiable Instruments. three parties to bill of exchange essential 4, p. 2G12, § 1472 NEOOTIADLE INSTUUilENTS. GG81 Negotiable Instruments -(f'ontinuml.) ii tlittwtT niid ilr.iM'i't' lie hhiiio jiorHuii, or if diMwee he {\ctU tiiiii.s pi-rsDii, holilcr may treat iiiHtruiiieut eitlier lis bill of fxcliiiii:,'e duly afii'|ite(l or hm imto 4, ]>. '2Ci\'\. § 1 <72 two jiftrtii'8 are iit'cf.isary to iiri)iiiiMHiirv "">" 4 p. -iii;{, § 1172 promi«Ht)ry note cannot bo nude payaldo to oiio of two iicr- mms in tin- altciiiativo 4, p. '.'(in, S 1 *T2 bill must l.esijuodbyd'iiwir 4. p. '.Mi IS, S 1*73 drawer may ad! 1475 parol evidence admissible to identi ; (uiyee 4, \<. 'Jid."), § 1475 ' case of need," wliat is , .4. ]). 2015 h, § 1475 payee of promissory note, who is 4, p. 2()1G, § 147i> parol < vidence, when admisbible tovary leiiiis df nf^,'otia- ble instruments 4, p. 2010 '2019 § 14:01477 contemporaneous written agreements, when binding. .. .4, p. 2011), § 1478 maker ot note may authorize another to sign his name. .1, p. 4 », § 3 agent to bind principal may sign his own name 1, p. 101, § 101 when agent personally bouudj c/e«c/»/><«V)jjt'rao/ue 1, !>• 105, § 103 4. Miituvity of Inslruinetit. when bdl or note payable on demand 4, p. 2020, § 1470 no demand necessary before commencing action on bill or note payable on demand 4, p. 2021, § 1479 when bill or note payable at sight 4, p. '2021, § 1480 bill or note may be payable at fixed future time, or at fixed period after date, or after sight 4, p. 2021, § 1481 may he made payable at indufinito f.turo time, provided thati m ■ is certain to arrive 4, p. 2021, § 1481 may be payable earlier on happening of contingency 4, p. 2021, § 1481 days of grace, when and when not allowed 4, p. 2(i23, § 1482 nsuance, what is; half usnance 4, p. 2023, § 1483 note payable certain number of days after date, day of date excluded in computation of time 4, p. 2023, § 1484 " month," meaning of in bills and notes 4, p. 2024, § 1484 consti action of other expressions in bills and notes as to time 4, p. 23-24, § 1484 bill falling due on holiday, if entitled to grace, falls due on preceding day 4, p. 2026, § 1485 if not entitled to grace, falls due on day after 4, p. 2026, § 1485 note made on Saturday, payable one day after date, due on Monday 4, p. 2C2f?, § 1485 demand of pa\ ment cannot be made on 4th of July 4, p. 2026, § 1485 notice to an indorser is not invalid because given upon a legal holiday 4, p. 262G, § 1485 f)682 NEGOTIABLE INSTRUMENTS. m. Negotiable Instruments— (Continued. ) bill or note may be made payable at any place, or no place may be stated, or alternative place may be indi- cated 4, p. 2G26, § 1486 where no special place of payment, it is payable any- where 4, p. 2G28, § I486 6. AiY<>j)taiice and Payment. presentment for acceptance, when necessary 4, p. 2620, § 1487 presentment, what is 4, p. 2t>29, § 1487 form of presentment 4, p. 2()29, § 1 487 at what time must presentment be made 4, p. 2().'}0, § 1488 at what place must presentment be made 4, p. 2031, § 148!) auy person in possession of bill may present it for accept- .ance 4, p. 2631, § 1490 the presentment for acceptance must be made to drawee pers'.nally, or to some person having authority to ac- cept or refuse on his behalf 4, p. 2631, § 1491 if a bill drawn on two or more persons, presentment to one suthcient 4, p. 2631, § 1491 wheu drawee of bill is dead, presentment mast be made to executor or administrator 4, p. 2632, § 1491 drawee has right to retain bill for twenty-four hours, . .4, p. 2632, § 1492 preseutment for acceptance excused, wheu drawee is discov- ered to be fictitious person 4, i 2632, J 1493 or a person not having capacity to contract 4, ;■ '"632, § 1493 or where after exercise of diligeuce preseutment cannot b«. effected 4, p. 2632, § 1493 or where drawee is not in funds, and the drawer has no reasonable expectation that it will be accepted. .4, p. 2632, § 1493 acceptance defiued 4, p. 2(i33, § 1494 effect of 4, p. 2633, § 1494 recjuisites of acceptance as to form 4, p. 2633, § 1495 may be oral 4, p. 2634, § 14! 5 may be made at what time 4, p. 2633, §1494; 4, p. 2641, § 1499 acceptance need not be dated 4 p. 2()37, Jj 14!t6 holder entitled to general and absolute acceptance 4, p. 2()37, § 14!l7 qualified or conditional acceptance; effect of 4, p. 2637, §1498 acceptance must be for payment iu money . . ; 4, p. 2641 , § 1500 bill mu:«t b"? accepted by drawee 4, p. 2641, § 1501 rule when there are several drawees 4, p. 2642, § 1501 acceptance supra protest; what is 4, p. 26 12, § 1502 rights and liabilities of acceptor supra protest 4, p. 2643, § 1502 effect of non-acceptance 4, p. 2644, § 1503 drawee not bound to accept unless he has expressly or im- pliedly agreed to 4, p. 2644, § 1504 requisites of promise to accept 4, p. 2'i45, § 1504 effect of promise to accept 4> P> ^045, § 1504 NEGOTIABLE INSTRUMENTS. GG83 Negotiable Instruments — ( Con ti nu ed .) measure of damu^cs on refusal to accept draft 4, p. 2047, § 1505 drawee incurs no liability to the holder by not accepting bill; no privity of contract between tliem 4, p. 2*548, § l;"0(j by acceptance acceptor becomes principal debtor 4, p. 2()4y, § 1507 by acceptance acceptor admits and warrants existence of drawer 4, p. 2049, § 1508 capacity and authority of the drawer to draw 4, p. 2050, S 1508 and that bill is drawn upon funds of drawer in his hands 4, p. 2050, § 1508 genuineness of drawer's signature 4, p. 2050, § 1508 existence of payee and his then capacity to indorse 4, p. 2(!50, § 1508 not the genuineness of his indorsement 4, p. 2050, § 1508 presentment for payment condition precedent to liability of drawer or indorser of bill or iudorser of note. . . .4, p. 2050, § 1509 l)ayment can only be demanded according to tenor of bill 4, p. 2051, § 1510 presentment for payment of bill may be made through post 4, p. 2051, §1510 bil* 01" note must be produced, and person presenting it be ready to deliver it up on payment 4, p. 2051, § 1510 ■when not produced, but payment refused on some other ground, presentment is valid 4, p, 2051, § 1510 bill or note payable on demand must be presented for pay- ment within reasonable time 4, p. 2051, § 1511 ■what is reasdnable time for presentment of bill or note is question of law 4, p. 2052, § 1511 must be made within reasonable hours 4, p. 2()5.'5, § 1511 place of presentment 4, p. 2054, § 1512 bill or note payable at particular phicc miist be presented for payment at that place 4, p. 2C54, § 1512 instrument containing no place of payment but address of the drawee or maker given, payable at such address. 4, p. 2054, § 1512 dating note at particular place does not make that the place of demand 4, p. 2054, § 1512 ■when no place of payment designated by bill, prcsentnient for payment should be made to drawee or acceptor at his place of business or residence 4, p. 2055, § 1512 rule ■where drawee or acceptor has ren.oved from city or state '. . 4, p. 2050, § 1512 presentment must be made by holder or his agent 4, p. 2058, § 1513 presentment must be made to w horn 4, p. 2000, § 1515 liability of agent for neglect in presenting bill or note for payment 4, p. 2059, § 1514 measure of damiiges against agent for neglect to present bill or note for payment 4, p. 20'9, § 1514 presentment for payment, ■when excused 4, p. 2001, § 1510 6684 NEGOTIABLE INSTRUMENTS. Negotiable Instruments— (Continued. ) waiver, express or implied, will excuse presentment... .4, p. 2GC3, § 1516 waiver of notice of dishonor does not include waiver of pre- sentment for payment 4, p. 2C63, § 1516 waiver of protest includes waiver of presentment for payment and notice 4, p. 2063, § 1516 waiver of notice and i)rotest waives demand and nf>tice .4, j . "2663, § 1516 waiver of demand is waiver of notice of non-payment.. ..4, p. 2G6.>, § 1516 what will not excuse presentment 4, p. i^CGS, § 1516 what M'ill excuse delay in presentment of bill or note for payment 4, p, 2664, § 1518 when bill or note payable generally, presentment for payment not requisite in order to charge acceptor 4, p. 2667, § 1519 nor when instrument is payable at particular place 4, p. 2C67, § 1519 acceptor may at time of acceptance make presentment a condition precedent to his liability 4, p. 2667, § 1519 presentment for payment is not condition precedent to lia- bility of person who has given guaranty for payment of bill by acceptor 4, p. 2067, § 1519 measure of damages against acceptor for refusing to pay bill 4, p 2608, §1520 liability of drawer of bill 4, p. 2008. § 1521 drawer and indorser of bill jointly and severally liable. 4, p. 2668, § 1521 drawer of bill warrants existence of payee, and his capacity to indorse 4, p. 2668, § 1522 bill is dishonored by non-payment when duly presented for payment, and payment is refused or cannot be ob- tained, or when presentment for payment excused, and bill is overdue and unpaid 4, p. 2669, § 1523 holder of bill dishonored by non-payment acquire* immediate right of recourse ag Protect and Notice. " noting," eflfect of; what is 4, p. 2669, § 1525 protest, requisites of; what protest must contain 4, p. 2609, § 1526 copy of bill, or bill itself, annexed, and statement that it is in notary's hands 4, p. 2669, § 1526 statement of panics for whom and against whom bill protested 4, p. 2669, § 1526 date of protesting, and place where protest is made. .4, p. 2069, § 1526 statement that payment was demanded, and terms of answer 4, p. 2070, § 1526 reservation of rights against parties liable 4, p. 2070, § 1526 subscription and seal of notary 4, p. 2070, § l."):26 protest only necessary in case of foreign bills 4, p. 2670, § 1626 protest of checks is not ueceasary 4, p. 207i', § 1526 nor of certifiiates of deposit 4, p. 2670, § 1526 nor of bank bills 4, p. 2670, § 1526 NEGOTIABLE INSTRUMENTS. 6G85 Negotiable Instruments— (Continued. ) nor of inland bills of exchange 4^ p, 0(370^ § j 50Q nor of promissory notes 4] p' o^to' § io'26 nor of instruments not negotiible 4^ p. 267 1 ' § lo^S aliter by statute in many states 4^ p_ 2(J7l' § 1;j26 protest necessary to charge drawer and iudorsers. .4,' p. 2671,' § 1327 who mwy make protest 4 p_ 2672' § IS'^S at what time must protest be made 4^ p. 2672^ § \r)2'J at what place must protest be made 4, p. 2673,' § 1 530 what will excuse making protest 4^ p. 2673,' § 1 j:}l what will excuse delay in making protest 4, p. 2673,' § 1532 protest for better security 4^ „ 2673* § 1533 notice of di>honor essential 4^ p 2^73] g j^ij^ proof of notice, how made 4^' p. 2674' g 1534 eflFect of not giving notice ^ .4,' p." 2074^ g 1535 must be given by whom 4, p. 2675, § 1536 modes of giving notice 4, pp. 2676 2679, § 1537 time of giving notice 4, p. 2679, § 153S time of receiving notice 4 p 2680, g 1539 notice of dishonor by post 4, pp. 2631-2638,' § 1540 party receiving notice has what time to send it to ante- cedent parties 4, p. 26S8, § 1541 to whom must notice be given 4_ p_ 2689 § 15 f acceptor not entitled to ...!.". .4^ p. 2692* § 154-^ norguarantor 4 p. 2692^ § 1542 form of and requisites of notice 4^ p 2694 § 1543 when notice of dishonor excused 4^ 2697' g 1544 sickness may excuse notice of dishonor 4' r, 9(iTI4 si->-^ Lawson R. & R.-4«j. ■ ' ^' " ' ^ ^ '^ 6686 NEGOTIABLE INSTRUMENTS. Negotiable Instruments— (Continued. ) no warranty that maker is solvent 4, p. 2714, § 1550 assignee of note not bound to give maker notice of assign- ment 4, p. 2715, §1550 notes assignable by statute, but not negotiable; duty of holder to pursue maker before resorting to as- sigaor 4, p. 2715, § 1550 transfer of bill or note payable to order without indorse- ment 4, p. 2715, §1551 transfer of bill or note by delivery witliout indorsement. 4, p. 2716, § 1552 what transferrer by delivery warrants 4, p. 2717, § 1553 transferrer by delivery warrants that bill is what it purports to be 4, p. 2717, § 1553 that he has no knowledge of its invalidity 4, p. 2717, § 1553 that he has title to it 4, p. 2717, § 1553 that it is genuine, and not fictitious, forged, or altered. 4, p. 2718, § 1553 that indorsements are genuine 4, p. 27 1 8, § 1553 that maker is jolvent 4, p. 2718, § 1553 but not that it is drawn against funds • 4, p. 2719, § 1553 or that it is not accommodation pajier 4, p. 2/19, § 1553 on death of holder of a bill or note, title passes to personal representatives, who may transfer it or sue upon it 4, p. 2720, § 1554 personal representative cannot give title by mere delivery; must indorse it de novo 4, p. 2720, § 1554 on death of joint payee of bill or note, title vests in sur- vivor 4, p. 2720, § 1554 transfer of bill or note by negotiation 4, p. 2720, § 1555 negotiability of note not destroyed by injunction against its negotiation 4, p. 2720, § 1555 , who may negotiate bills and notes 4, p, 2720, § 1556 payee of instrument designated by wrong uame or name mis- spelled may indorse it as described 4, p. 2721, § 1557 where instrument payable to order of two or more persons, not partners, all must indorse it 4, p. 2721, § 1558 bill may be negotiated to any party thereto, i. e., drawer, drawee, acceptor or prior indorser 4, p. 2722, § ir)59 such party may reissue and further negotiate it 4, p. 2722, § 1559 bill negotiated back to party already liable thereon, he can- not sue intermediate parties 4, p. 2722, § 1559 bill or note may be negotiated at any time until dis- charged 4, p. 2722, § 1560 that bill or note has been dishonored and action brought on it does not restrain its negotiability 4, p. 2722, § 1560 bill or note presumed to have been negotiated at inccpLion, or before maturity 4, p. 2723, § 1560 is no presumption as to exact time of negotiation 4, p. 2723, § 1560 NEGOTIABLE INSTRUMENTS. 6687 Negotiable Instruments-fContinned. ) negotiation may be by dehvery where instrument payable to bearer biU or note is payable' t;b;;;e; wheVe';;p;;:;iy ;; payable"!' '"''' ^ '''' or where indorsed in blank 4 _ 0-00 g i <^ri delivery of unindorsed notes passes equitable' [i^. ] ] [ '4, l' 2723 § 56 possession of an unindorsed note payable to a particular per son by another than payee is presumptive evidence of ownership . bin or note payable toord;;;n;:;;i;; i;-by i;d;;;;n;en.:4: p: IS, I ]^ what IS an indorsement 4 ' ' ' l effect of several succe,sive indors;m*ent's'. ■;.';.;'. 4 p 27-n' « vH'l eff.ct of indorsement of note after due 4' „ 9-0 .' § 1 r,'^ requisites of indorsement as to form ' " 4' „ 0-9- « -^ indorsement in blank; rights and liabilities' as'to'.'.'.'. .4', p! 2127, § 1504 ud liabilities as I and liabilities >; rights, liabilit facultative indorsement; rights and liabilities a, to. .4. p. 2731 § 1569 conditional indorsement; rights and liabilities as to..4 p. 2 Si! 570 restrictive indorsement; rights and liabilities as to. ..4 p 273^ 5n effect of striking out indorsements 4 ^^ ^'s « ]Zl partial indorsements not valid 4' ^^ J^'J' ! ^.^J any person who signs negotiable bill or note other'^iVe'than as a drawer, maker, or acceptor, is an indorser. .4, p. 2734, § 157'' what indorser warrants and admits 4 r. 9-tl l\--'o indorser of non-negotiable bill or note is a guk'ra;;;;.' .' .4.' p." 2735 § 57! indorser who is not party to bill or note a, „a« or anomalous indorser . in some states he primer }uci^ incurs 'hi^Auiy of 'hid or e^ ^^^' ^ ^^^^ but parol evidence admisnble of intention of t.ar'- ties * is liable as joint promisor or" ;;'m'akeV if he'indo'rVed n;te ""'"' ^ '''^ before it was issued 40-0 if he indorsed it aft.r issue, liable 'as ag,;a;a'i;t'o'r'.'.".* 4' p" o^^ l J^-J some courts hold that qua.i indorser of bill or note is a guarantor . ^^ to make a guaranty negotiabl'e'as "pai-t 'o'f'note. it mu'st'be "^^' ^ "^^^ on note itself, or annexed to it in the nature of an allonge . general guaranty of negoiia'b'l'e" ii'o'te' by ■6ep;;ate 'and dis^-" ^'^^' ^ "^' ^ tinct instrument not negotiable 4 „ oy.^ g , „_ oral guaranty of genuineness of a note, or tha't'note'wiu'be paid, or that maker is solvent, valid. . . . 4 ,, 9707 „ ,,-. drawer, maker, or indorser of dishonored inland bill 'or note liable for amount of bill or note, with in- terest . 4, p. 2739, §1576 6688 NEGOTIABLE INSTRUMENTS. Negotiable Instruments — (Oontinaed.) ou foreign bill, tliey are liaMe for amnimt of bill, with in- terest from time of dishonor, and notaiial expcnaes; or if payable abroad, re-excLange interest and ex- penses 4, p. 2739, §1576 re-excliange; what is, and how ascertained 4, p. 2741, § 1577 re-draft; what is, rights and liabilities 4, p. 2741, § 1577 holder (even though fraudulent) of bill or note regular on its face, can give good title to person who takes it in due course of business before maturity as bonajith holder for value without notice 4, p. 2741, § 1578 who is " bona fide " holder; gross negligence on part of taker docs not defeat rights 4, p. 2743, § 1579 " value," what is ^i PP- 274G -2"40, § 1580 note taken for pre-existing debt 4, p. 2750, § 1581 " before maturity," what is 4, p, 2752, § 1582 overdue bill is taken subject to eii'iities 4, p. 275.', § 15SS what are " equities " 4, p. 27^3, § 1584 at what time is instrument overdue 4, p. 27o"), § 1 ")85 at what time may suit be brought 4, p. 2753, § 1585 what is "in usual citurse of busiuess " 4, p. 2757, § 1586 " notice " means actual notice 4, p. 27o9, § 1587 what is and what is not notice 4, p. 2750, § 1587 holder claiming through bonafidn holder 4, p. 27(i4, § 15SS holder of bill or note presumed to be a bona, fide holder for value without notice 4, p. 27G1, § 1589 aliter when note was obtained by fraud or is illegal 4, p. 27G'5, § 1590 absence of consideration uo defense to suit on negotiable in- strument 4 p. 27fi7, § 1591 negotiable instrument imports a conxiileration 4, p. 27G7, § 1592 aooommodation party; rights and liabilities of parties to negotiable paper for others' accommodation 4, p. 2767, § 1593; 4. p. 2770, § 1594 accommodation parties to bills and notes not co-sureties, not entitled to contribution 4, p. 2771, § 1504 partial failure of consideration, effect of 4, p. 2772, § 1505 illegality of coiisid^ ration, good defense to bill or note.4, p. 2^73, § 1597 liability of party to note or bill whose signature is forged. 4, p. 2773. § 1598 payment of forged commercial paper. 4, p. 2775, § 1598 fraud or duress a good defense to action on bill or note.4, p. 277(), § 1509 liability of person neglecting to sign bill or note 4, p. 2778, § 1599 bill or note void by statute cannot be recovered upon. ..4, p 2780, § 1600 notice of defects patent on face of negotiable instru- ment 4, J). 2780, § IGOI no title can be made to bill through indorsement af tictiti us or non-existing person, unless party sued esiop)>cJ from setting-up fact 4, p. 2781, § 1G02 NEGOTIABLE INSTKUMENTS. 0689 Negotiable In8trunients-(Continued.) (/c /at nuisance 6, p. 4 -(47, § 2077 continuer of nuisance liable as well as erector 6, p. 4S4S, § II77 but continuer must first be notified of nuisance 6, p. 48-18, § 2977 when notice not requisite 6, p. 4849, § 2977 NUISANCES. 6G9 o Nuisances - (Continued. , lor continuing nuisance, lessor, assignees of lease, leasees auasub-leasees are jointly liable e. p. 48.10, § 2077 be but one action for erection of nui.ancc 6 n 4sr.o 8 0077 can all submjuent actions must be for continuance of ' snmo' '''"''^' ^ '"" nuisance -. Ac-n iBaa.er liable for acts of indepe'n/kni co;;t;a'cto;'^h;;e\v.;rk ' ^''^ IS a nuisance , p^, association n.ay be sued by one' m^nibe; 'for maintaining a ^" ^^^ nuinance „ illustrati..s of what are andwhat"a;e not n;.isan;;;;in g;^!: ' ^ ''' eral " o, p. 4853 S "980 air, impunties in, Mhon a nuisance 6. pp. 4858-4802, §§ 2!)81.2!)S5 smoke, when a nuisance « % .^ chimneys 1 1 ^o. .», 3 ..fo„ fuel 6, p. 4SG0, § 2!)8;i nox;.v;vapo;3:;:;:::: «. p. 4801, §0,84 bri..k.yarcls 6. p. 4862, § 2^,5 blacksmith's shop....: ^' ^'^ ''":' ^ -^'*^ smells and stenches :; «' ^^ '''■?•§ '''''^^ 1 , ... , o, p. 48 1 i), § 2t)St) bone-boihng works. cattle-yards d.niries h Lvery privies . 6, p. 48GG, § 2l)U0 .6, p. 48(JG, §22 nery stables..;:;; 6, p. 4i.;G. S 2i.!>3 privies 6. p. 4SG7. § 2!)94 slaughter-houses..'::::;; 6. p. 4SG8. § 2!.:)5 so.p and candle factories. . ; ; « »'• 'f.l' ! '''^ G, p. 48U8, § 2()!I7 6, p. 48G9, § 2998 6, p. 4SG9, § 2999 blacksmith shop V^\\\[Z[[' '.[',' '''& ^'' ^^'''' ^ '^^^^ stables and barns tallow factories and meltinghouses tanneries brew- eries . p. 4870, § 3001 chemicarwo^ks::; O.P.4S70,§.S001 deodorizing works.... O. P- 48 - 0, § 3001 distilleries 6, p. 4870, g 3001 dye-houses ';; 6, p. 4870, g 3001 gasworks 6. p. 4870, § 3001 glue works ;;;;;;;;" e, p. 487o, § 3 ,01 petroleilm refineries. . 6, p. 4870, § 3001 tripe "fictorie7r.'."; ;;;;;;;;: q* p- ^^i^' ^ ^^^^ noise, when a nuisance ; /.e.'p; 4'8'7'o: "§ 3002; 6; p'' 48;5; g Zl malicious noises, when actionable 6 . i«7r^ IZn jarring of machinery ;; « ^" f !.?' ^ j^*^*^.^ noisy trades near dweUings «' ^^" :l''Z' ^ '^'^^'^ animals 6, p. 4873. § 3004 bells... ®' I^- 4 '74, § 3005 6, p. 4875, § 3008 6696 KUISAKCES — OCCUPANCY. Nuisances —(Continued. ) musical instrunirnts 6> P- 4S7S, § 3007 fireworks 6, p. 4875, § 3008 billiard-rooms 6, p. 4875, § 3008 skating rink 6, p. 4876, § 3008 steam whistle 6, p 487(), § 3008 no defense tli.nt plaintiff came to nuisance 6, p. 4877; § 3010 or has continued to lease building after notice of nui- sance 6, p. 4877, § 3010 laches of plaintiiT in lomplaining of nuisance, when a defense to action for presence of similar uuis nee of same kind, no defense 6, p. 4878, § 3011 no defense that irade cannot be carried on without making much noise 6, p. 4878, § 3011 defendant may show that damage was contributed to by other causes 6, p. 4878, § 3011 fact that act of third person contributed to final catasrnphe will not exonerate defendant 6, p. 4878, § 3011 other pleas held not a good defense to an action for nui- sance 6, p, 48C4, § 2988 party injured may abate nuisance himself 3, p. 17ii7, § 1033 public nuisance must be abated by public officer 3, p. 1757, S 1033 person may remove obstruction from pul lie way 3, p. 1757, S 1033 but obstruction must actually obstruct passage 3, p. 1758, § 1033 al>atement nmst not cause brach of peace 3, p. 1758, § 1033 notice of intention to abate nuisance must be given 3, p. 1759, § 1033 nuisance consisting in use and not in location, od'ensive use only can be stopped 3, p. 1759, § 1033 offensive manufactory cannot be pulled down 3, p. 1760, § 1033 nor bawdy-house 3, p. 17(50, § 1033 aliter as to house infe. ted with cholera ..3, p. 1761, § 1033 legislature may authorize abatement of nuisances 3, p. 1762, i i033 assent of party to nuisance will not take away right aftei- ward to abate it 3, p. 1762, § 1033 Nuncupative Will, nuncupative will, what is; requisites and efifect of 6, p. 5120, § 3148 who may make nuncupative will, and what piuperty may be wiUed 6, p. 5 J 23, §§ 3149-3150 Oath. by-law requiring clerk to be sworn, valid li p. 805, § 483 stockholder cannot be required by corporation to make oath, to determine his qualitioations as voter 1, p. 797| § 480 Obligation of Contracts. feee Constitutional Law, 7. Occupancy. , See Insurance. title to personal property by occupancy &, p. 2384, § 1309 OCCUPANCY — OFFICEES. 6697 Occupancy— (Continued.) coiiatruciion of "occupied by them" 2, p. 1178, § 633 Officers. bee CoRPORATioxs, 4; Trespass; False Imprisonment; Judges; Okficers of Court; Municipal Cori ora- tions, 2; Shkriffs; Suretyship and Guaranty. 1. Creation of Offices and ArroiNrMENT of Officers; Qualifications; Vacancies; Designations; Foe- FEITURE. 2. Term of Office. 3. Removal of Officers. 4. RiciKTs and Liabilities of Officers. 1. Cretition of Offices and Appnintmejit of Officers; Qunlljicatinn. public office ilefined: nature of 7, pp. 5968, 59G9, § 3796 holder has no vested interest 7, pp. 5f)G8. 59(59, § 3796 cannot purchase, sell or encumber it 7, i>p. 59C8, 5909, ^ 3796 right to compensation does not depend on contract. . . .7, p. 59i'a, § 3796 assignment of property does not carry office 7, p. 59(>iy, § 3796 legislature may vary or abolish the compensation 7. p. 59(i9, § 3796 officer under no obligation to continue to render services for any specitied term 7, p. 5969, § 3796 what is an office of " public trust " 7, p. r.969, § 3796 legialature may create, alter or abolish public offices. . .7, p. 5970, § 3797 may not abolish where constitution prescribes dura- tion 7, p. 6970, § 3797 legislature may prescribe or alter mode of appointment to office 7, p. 5972, § 3798 may inflict disqualific.ttion to hold office, as punishment for crime 7, p. 5972, §3798 statute regulating mode of conducting elections are direct- ory 7, p. 5973, § 3798 who are and are not " public officers " 7, p. 5974, § 3799 person acting as public officer presumed to be such 7, p. 5974, § 3799 who are officers de facto; pu vers and rights of 7, p. 5976, § 3S00 infant cannot hold public offic , 2, pp. 1493, 1497, § 824 citizenship as a qualitication ' j hold office 7, p. 5979, § 3801 residence as a qualitication to hold office 7, p. 5980, § 3802 statute prescribing qualihcations to officer directory... .7, p. 59S0, § 3803 appoiutmeut of one not possessing requisite qualiSuations not absolutely void, unless expressly enacted 7, p 5980, § 3803 holding of incompatible offices. 7, p. 5981, § 3804 other special provisions as to disqualification of officers. 7, p. 5931, § 3804 public defaulter 7, p. 5981, § 3804 using mcney corruptly to procure election 7, p. 59S1, § 3804 being concerned in duel 7, p. 5981, § 3S04 person holding contract for public work 7, p. 5982, § 3804 holding other office whose term has uut expired 7, p. 5982, § 3804 ■ OlFICERS. Ofllcers— (Continued.) person ia eligible if disqualification was removed before quali- fication, though after election. 7, p. 5982, § 3b04; 7, p. 6049, § 3834 offer of electors to perf jrm office for less thau salary avoids election 7, p. 5982, §3804 judge disqualified in case iu which he is interested or whore related to parties 7, p. 5'.JS2, ^ 3804; 7, p. 6015, § 3820 appointment of officers by public officers 7, p. CO 3, § 3814 appointment of officers by executive 7, p. COO 4, § 3813 attoruuy-at-law is not an " oHicer " 1, p. 208, § 128 attorney does not hold an " office of trust '' 1, p. 208, § 128 2. T<-rm of Office. " t. rm " means a "fixed and definite period of time ". .7, p. 5987, § 3S06 officers removable at pleasure of another officer, or on oc- currence of uncertain event, do not hold office for term 7, p. 59S7, § 3806 statute silent as to his term of office, but providincr that an ' elei tion shall be held every two years, officer holds until his successor qualifies 7, p. 5988, § 3806 statute extending term of office, when unconstitutional. 7, p. 5988, § 33('6 term of ministerial office is at pleiisure 7, p. .'^988, § 3S06 at what time does term of office begin 7, p. 59S8, § 3807 at what time does term of office end 7, p. 59S9, § 3808 power to elect to office includes power to fill vacan- . ies 7, p. 5991, § 3809 vacancy does not arise until term of service expires, or until death, removal, resignation, abandonment, or dis- qiialiticatiou of incumbent 7, p. 5991, § 3309 vacancy in an office must be established in a proceeding reg- ularly tending to that end 7, p. 5991, § 3809 may be created by a parol resignation 7, p. 5991, § 3809 a right to supply place, vacant by death or disability of in- cumbent, includes the right to supply vacancy caused by resignation 7, p. 5991, § 3809 vacancies made by accepting incompatible office 7, p. 591)2, § 3809 when vacancy arises in other cases 7, p. 5992, § 3309 officer has no right to hold over until appointment of successor 7, p. 5994, §3810 but right to hold over arises, when 7, p. 5994, § 3810 effect of neglect to qualify after election 7, p. 5396, § 3811 after election officer elect cannot resign until he has qualified and taken possession of office 7, p. 5998, § 3812 resignation not complete until accepted 7, p. 5998, § 3812 resignation may be by parol 7, p. 5998, § 3812 or may be implied 7, p. 5999, § 3812 resignation of office by insane person, effect of 7, p. 5999, § 3812 resignation cannot be withdrawn after acceptance 7, p. 6999, § 3812 OFFICEES. 601)9 Officers— (Continued.) judge cannot hear motion for new trial after he has resigned . , ^'^ "^''^ 7, p. 5999, § 3812 right to office may be forfeited by faihire to qualify in the mode and witha the time prescribed 7, p. COOO, § 3813 by refusal to serve, and abandonment 7, p. gooO, § 3813 by permanent removal from the county or district 7,' p. GUOO,' § 3S13 by acceptance of another incompatible office 7, p. (joooi § 3813 by malfeasance or misfeasance in office 7 ,,. GOOO, § 3813 but forfeiture must be judicially ascertained 7,' p. GOOl,' § 3813 "absence from state" does not mean temporary ab- ^^""^ 7, p. 6001, § 3813 power of attorney from bank not invalidated by expiration of term of (office of directors who executed it 1, p. 56, § 43 3. Itemoval of Officers. power of removal incident to power to appoint, when. .7, p. 6007, § 3816 when public officer holds his office for definite term, ur dur- ing good behavior, he cannot be removed until ex- piration of term 7^ p_ go09, § 3817 or untd he commits some breach of good conduct or ofTense constituting ground for forfeiting oflice. . . 7, p. 6009, § 3317 where duration not prescribed by law, appointing power may remove incumbent at its pleasure 7, p. 6009 § 7381 reappointment of an officer, with knowledge of previous misconduct, is a condonation 7 ,3. 6009 § 3817 new appointment to an office operates as removal of then in- ''""^^'^"t 7, p. 6009, § 3817 removal may be by act of appointing power 7, p. 601 0, § 331 8 or by action to try title to office 7' p. gqIo' § 3818 ^ or by proceedings at suit of attorney -general 7^ p. 6010,' § "318 title to office cannot be tried in collateral proceeding. . .7, p. GOlO,' § 3S18 may be tried in action by claimant to recover fees from ."»*'""'^^'- 7, p. 6010, § 3818 miposition of due for usurpation of public office discretion- ary with court 7^ p. 6011, § 3818 m action to determine right to office, evidence beyond re- turns and ballot-boxes admissible 7, p. ggil § 3818 viandamus will not lie to compel admission of a claimant into disputed office 7, p. 6011, § 3818 provision made by law to try title to public office exclusive, and no!, cumulative 7, p. 6011, § 3818 removal of state officer for malfeasance a judicial act, be- longing to court of impeachment 7^ p. g012, § 3818 quo warranto is proper mode of questioning the official au- thority of a person exercising judicial functions. .7, p. 6012, § 3818 courts have power to review action of authority in remov- ing public officer T7, p. 6012, § 3819 6700 OFFICERS — OFFICERS OF COURT. Officers— (Conti'ued.) 4. HUjhls and Linbitities of Officers. officers hiving discretionary powers not liable fcr errorn of judgment 7. p. 6016, § 3822 officer presumed not to have exceeded his authority. . .7, p. 6016, § 3822 »cts of de fado officers are valid, when 7, p. 6Jl6, § 3822 officer has implied power to bring suits in relation to of- fice 7, p. 6017, §::822 officer must make contracts and brin^; suits in name of state , 7, p. 6017, §3822 may use force for prevention of crime 7, p. CU17, § 3822 state is bound by acts of officers within their author- ity 7, p. 6017, § 3822 public ministerial officer is answerable in civil action for neg'igence or misconduct 7, p. 6017, § 3822 public officers intrusted with public funds, and required to give bunds, not mere bailees, but liability is fixed by bond 7. p. 6017, § 3822 bailments by public officers 4, p. 21)10, § 1697 attorney also pub li; administrator not allowed fees as at- torney in administration of estates 1, p. 323, § 197 agreements or contracts interfering with or influencing ac- tion of the government, legislature or public officers, are void 5, p, 3993, §2395 sale of public offices illegal, and a contract made for such an object is void 5, p. 3997, §2396 salary or emoluments of public office cannot be sold or assigned by holder 6, p. 3997, § 2396 liability of officer for acts of deputies 8. p. 1772, § 1043 slanders cm offi ers, when actionable. . .3, p. 2250, § 1258; 3, p. 2236, § 1248 illegal fees paid to pub.ic officer may be recovered back 5, p. 4221, § 2558 Officers of Court. rights, powers, duties and compensation of court officials, described and defined by constitutions or stat- utes 7, p. 6015, § 3821 liabilities for breach of duty, subject of statutory regula- tion 7, p. 6015, § 3821 acts of an officer de fado, whether judicial or ministerial, are valid 7, p. 6015, § 3821 clerk of court may maintain assumpsit against plaintiff fur lawful fees, where they cannot be collected from defendant 7, p. 6015, §3821 allowance of compensation to officer, in addition to the sum allowed by law, is a judicial, not a clerical act. .7, p. 6015, § 3821 officer is allowed fair and just compensation for custoily of property 7, p. 6015, §3821 OFFICERS OF COURT— PARENT AND CHILD. 6701 OflBcers of Court— (Continued.) courts have no power to determine compensation of their officers, or costs, or fees, iu advance 7, p. 6015, § 3821 clerk of court not eligible as attorney at law 1, p. 208, § 127 Olographic Wills. olograpliic will, what is, requisites of 6, p. 5119, § 3147 O.rinibus. omnibus lines are common carriers 4, p. 3082, § 1792 Open Policy. See l.N.SL'KANCE, 1. Opinions. St^e Evidence, 5; False RKPfiESENXAXioxj Warranties. Option Contracts. .Si-e Wagers. Orders. .See Bonds, Negotiable Instruments. Ordinances. See Municipal Corporations. Ouster. See Co-tenancy. Oysters. See Animals; Fish. Pardon. does not restore disbarred attorney to office 1, p. 225 § 136 Parent and Child. See Intoxicating Liquors; Seduction; Wills; Judoment, 2. 1. In General. 2. Duties and Rights of Parents. 3. Liabilities of Parents. 4. Dumbs and Hights of Childrex. 6. Liabilities of Children. 1. In General. child born in wedlock presumed to be legitimate 2, p. 1404, § 805 chilli legitimate by subsequent mirriage of parents. . . .2, p. 1464, § 805 child in ventre aa mere, rij^hts of. 2, p. 1465* § 806 illegitimate child c nnot inherit 2, p. 1466 § 807 or transmit property by descent, except to his own ia- f"® 2, p. 1466, § 807 baaUrd not a " child " within statute of distribution . . .2, p. 1466, § 807 faihtr not obliged to support bastard at common law. 2, p. 1466 n § 807 age of majority, what is 2, p. 1467,' § 8(i8 rights of adopted children 2, p. 1467 § 809 8tep-3hiM, father not entitled to earnings of 2, p. 1470,' § 810 nor lialile for its support 2 p 1471 s glO aliti-r when he places himself in loco parentis 2, p. 1470, § 810 widow on her re-marriage not liable for uiaiutenance of child by former husband 2, p. 1471 § 810 Lawson R. & R.— 4«7. •• > • » 6702 PARENT AND CHILD. Parent and Child— (Continued.) parent may plead duress of child 6, p. 3946, purchase presumed an advancement, and no resulting tru»t arises in case of children or near relatives 4, p. 3421, 2. Duties and RiijhtD of Parents. duty of parent to protect and defend child 2, p. 1471, may maintain child's lawsuit without being guilty of ni \in- tenance 2, p. 1471, may justify assanlt and battery in defending his children. 2, p. 1471, duty of parent i"> educate child 2, p. 1471, may comp 1 public school to admit child if unlawfully ex- cluded 2, p. 1471, duty of parent to maintain and support child 2, p. 1471, even when child has property of it^f own 2, :>. 1473, maintenance in chancery where child has separ.ite prop- erty 2, V 1473, right of parent to chastise child 2, p 1474, to interfere with rights of conscience of child 2, p. 1475, custody of children; father's right paramount at comiron law \ . . 2, p. 1475, modern rule gives child to parent who can best attend to its welfare 2, p. I47(i, or even to third person in some cases 2, p. 1477, child's wishes will be consulted, when 2, p. 1478, agreement by parent surrendering custody of child revo- cable 2, p. 14S2, party refusing to surrender custody of infant child may be ordered in habeas corpus 2, p. 14S2, father entitled to labor and earnings of child 2, p. 1483, may sue third person for wages or earnings wf child. . . .2, p. 1484, parent has no rights in the general property of child which comes to it by gift, inheritance, bequest, etc. . . .2, p. 14S5, father has no authority to receive legacy left his child.. 2, p. 14S5, executor paying father from amount of legacy left his infant son, liable to an account to estate for such sum. .2, p. 14S5, parents may waive rights to services of minor children. 2, p. 1485, waiver does not necessarily amount to emancipation 2, p. 1485, presumption that services of child continuing to reside with parent after coming of age are gratuitous 2, p. 1486, § 818; 2, p. 1495, daughter may recover from mother's administrator for per- sonal services rendered mother while insane 2, p. 1486, § 818; 2, p, 149."i, right of parent to recover for injury to child 2, p. 1487, parent has right to action for loss of services of child. . .3, p. 1920, as for enticing child away 2, p. 14S9, § 819; 3, p. 1920, or forcibly abducting the child 3, p. 1921, §2307 §2010 § 811 § 811 § 811 § 812 § 812 § 813 § 814 § 814 § 815 § 815 § 816 § 816 § 816 § 816 § 817 § 817 § 818 § 818 § 818 § 818 § 818 § 818 § 818 § 823 § 823 § 819 § 1109 § 1109 §1109 n PARENT AND CHILD. Q^Q^ Parent and Child— (Continued.) or beating or otherwise purposely injuring child 3, p. 10"] § 1109 or negligent injury which disables child from labor. 3, p. ly »]' g HOD or giving shelter or protection to child to enable him to keep a-^ay from parent 3. p. 1921, § 1103 or enti. mg minor child from service of parent, and procur- ing her to be married without his consent . .,, , , . ^, , . 2- P- ^*'^^' § 810; 3, p. 1021, § 1109 child has also right of action 2, p. 1489, § 819; 3, p. 1921, § 1110 parent may recover for trouble and expense even when child is earning nothing 2, p. 1488, § 819 measure of damages in action by parent for injuries to child... .... 2, p. 1483, § 819 one who, in violation of the law, sells revolver to boy not answerable to parents for boy's carelessly shoo tin < 0-50 C704 PARENT AND CHILD. Parent and Child -(Continued.) iii'ant'ti contract of marria;^e vdlid, at what aije 2. p. 1208, § promise of infant to marry ia good consideration for corres- ponding promise 6, p. 37SO, § infant's contract of service valid, when 1. p- 44 \ § infant may become stockholder in corporation 1, p. GIO, § infant children of divorced parents cannot tile a bill to set asiile divorce 2, p. 142*^ n, § infin'. cannot be executor 2. ]>. 140(5, § infant cannot lie trustee 2, p. 1400, § infant cannot be guardian 2, p. 14'.l')', § infant cannot be bailiff 2, p. 1407, § infant cannot be receiver 2, p. 1497, § infant administrator not liable in divuMtavit for failure to appropriate asst ts ratably 2. p. 1497, § ofBcer selling property not bound to accept bid of infant at public auction 2, p. 1497, § verdict will not be set aside because one juror was infant. 2, p. 1407, § infant cannot appoint agent or attorney 2, p. 1497, § infant not disqualified from being witness 2, p. 1497, § power of infant to make will 2, p. 1497, § right of children to use parents' pr^ perty 2, p. 1498, § child cannot lend parents' goods 2, p. 1498, § child of tender age cannot be guilty of contributory negli- gence 3, p. 2123. § liability for injury to trespassing children 3, p. 212.5, § imputed negligence of parents or guardians of children. 3, p. 2132, § carrier is under greater duty as to care in case of infant trav- elin>{ alone than in case of adult 4, p. 3293, § negligence of person in charge of iufant, when imputed to infant 4, p. 3204, § liability for selling gunpowder to infant .... 3, p. 1980, § advancements to child by father must be deducted from ilia- tiibutive share 2, p. 1523, § •whether money or property given to child a gift or an ad- vancement is question of intention 2, p. 152.1, § heir may relinquish advancement and claim his share. .2, p. 1524, § taking advancement into hotchpot 2, p. 1524, § gilts between parent and ch Id not favored 2, p. 1521, § father may emancipate child expressly or impliedly. . . .2, p. 152'5, § emancipation is irrevocable 2, p. l.')26, § eman' ipated child may recover earnings 2 p. 15i;5, § marriage of infant child worku eniancipatiim 2, p. 152ti § infant may prosecute action by next Iriend 2, p. 1527, § infant may sue in/orina puiipnis 2, p. 1.527, § one may sue in infant's name without his consent 2, p. I.i27, § iula.t may elect to continue suic on attaining majority.2, p. 1527, § 707 2255 240 313 780 824 824 824 824 824 824 824 824 824 826 825 827 827 120S 1209 1210 1923 1929 1144 836 836 f>.36 837 838 839 8.39 839 8.19 810 840 840 840 240 ai3 i 780 824 824 824 824 824 836 836 S36 837 838 839 839 839 839 810 840 840 840 PARENT AND CHILD. 0705 Parent and Child— (Continued.) 5. Li iliililicH ')2, § 829 what arc and are not " ne essaries " 2, p. 1502, § 829 money lei.t for necessaries not recoverable 2, p. 15U4, § 829 bills, uotus or other securities given by infant for ncces.-aries not binding 2, p. 1505, § 830 other p:irty to contract with infant bound 2, p. 1505, § 831 infant may disafFirm contract 2, p. 1 500, § 832 disaffirmance a personal privilege 2, p. 150G, § 831 infant may ratify voidable contract after coming of age.2, p. 1513, § S33 what acts are and are not a ratification 2, p. 1514, § 833 infant liable for bistorts 2, n. 1510, § 834 infant liable for bastardy process 2, p. 1520, § 834 ejectment lies against an infant 2, p. 1520, § 834 infant not liable for malicious prosecution of a suit by his next friend 2, p. 1520, § 834 infant not liable to arrest on civil process 2, p. 1520, § 834 violation of contract resulting in tort, infant not liable. 2, p. 1521, § 835 infant not liable to action for fraudulent y representing himself to be of age 2, p. 1521, § 835 when infant liable for fraud 2, p. 1522, § 835 liability of infant for trover 2, p. 1522 § 835 infant wife not bound by release of dower, though she de- clared herself of age 2, p. 1522, § 835 infant must defend suit by guardian ad litem 2, p. 1527, § 840 if be ajipear by attorney no objection can be taken after v^""^'^* 2, p. 1528, § 840 when court will appoint guardian c(d lUan 2, p. 1528, § 840 guardian ad litem cannot waive infant's rights 2, p. 1528, § 840 infant cannot waive defects in service of process 2, p. 1528. § 840 infant is not bound by his acceptance of service 2, p. 1528 n, § 840 infant defendant to a suit in eijuity will be protected by court without filing of cross-bill 2, p. 1528 § 840 under statute providing for proceedings against non-resident defendants by publication, non-resident infan s may be so proceeded against 2, p. 1528, § 840 judgment against an infant who has been served voidable, °"* ^"''1 2, p. 152S, § 840 court will vacate judgment against infant where unjust 2, p. 1528, § 840 decree cannot be taken ^ro coufesso against infant 2, p. 1529, § 840 6706 PARENT AND CHILD — PARTITION. Parent and Child— (Continued.) infant must liavu day after ho becotnos of ape 2, p. IJi^O, § 840 infants l)ound by jmlgment ap;iinst tlieni, wlicu 8, p. 1521), § S40 iufuuts must be made parties to bills in etjuity affecting title tu real estate; making guardians parties not sulli- cient 2, p. 1,V20, § S40 action must be against adult only on contract with infant and adult 2, ]>. l."),'l(), § 840 infancy may be specially pleaded in b.ir 2, p. l'>'M, § SO) infancy may be set up under general issue 2, ]>. ]')',<{), § !S40 iufant entering service assunie.x, like an adult, the risks. 1, p. t'lT, Ji '.I'i'J provided the contract was a valid one 1, p. 547, S UUl* employment of iufant in dangerous work not negli- gence 1, p. 54S, § 30!) master must explain the risks to minor 1, p. 548, § I^oy aliter as to patent dangers 1, p. 548, g .'iOD master sending minor to perform a dangerous service out- side his regular duties liable if he is injured perform- ing it 1, p. 54S, § 309 infant of fourteen years presumed to have capacity to recog- nize and avoid danger 1, p. 549, § S09 Parties. See CoNTRACT-s, 5; Co-TE!fANCY; Ejectment; Pleading AND Pkactice, 8, 11. Partition. partition defined: suit is in rem 6, p. 4450, § 2728 action for partition is a local action 6, p. 4450, § 27'-S title may bo contested in partition suit 6, p. 4451, § 27-28; 6, p. 4456, § 2-32 voluntary partition; what is; when made 6, p. 4451, § 2729 written agreements for partition enforced in equity 6, p. 4452, § 2730 unexecuted parol agreement for partition not l>inding. .6, p. 4453, § 2731 uliti'r when possession of shares is taken thereunder. .6, p. 4453, g 2731 jurisdiction of equity to order partition 6, p, 4454, § 2732 ia not taken away by statutory regulations for parti- tion 6, p. 4453, § 2732 equity will not interfere with partition commenced at law 6, p. 44,"5, § 2732 in equity, legal title must be clear and undisputed. . .6, p. 4455, § 2732 court of one state has no jurisdiction to decree partition of lands 1) ing in another state 6, p. 445(>, S 37.>.) statutes as to partition in most of the states; requisites.6, p. 4-150, g 3733 w ho may have partitiim 6, p. 4457, § 2734 niortgngor and mortgagee 6, p. 4929, § 3039 who may not have partition 6, p. 445S, S 2734 of what property may partition be made 6, p, 44()(>, § 2735 of wliat property may not partition be made 6, p. 44G0, § 2735 840 840 810 840 .'iOit 3o:> 309 309 PAIITITION — rAinNEllSHIP. 6707 Partition— (Continued.) who are necessary parties in procoidings for pnrti- tion 6, p. 44C1, §273(5 anciently mode of decrcoinjj partition was to allow alter- nate ufce of property 6i p. 44()3, ij 2737 in modern times, c mrts will decree sale and division of i)ro- ceeds, especially where partition, from nature of property, cainiot be made 6. p. 4-4G3, § 2737 court will order a sale of j)ropt'rty, aUliou;^h capalile of be- ing equally divided, if division will depreciate its value 6, p. 4403, §2737 power of court to vacate a sale will not be exercised Mlien rights of Ijundjiile purchasers have intervened. . .6, p. 44G4, g 2737 order of sa'e expires with the term at which sale should have been made 6, p. 4464, § 2737 when real estate cannot be divided, it may bo decreed to imrticioner at valuation 6, p. 44G4, § 2737 if sale is necessary, the citurt has power to adjust and se- cure rights of parties in proceeds 6, p. 44G4, §2737 • if bill pray for general relief, decree may direct an ai-- eount of rents and profits 6, p. 44G4, § 2737 if estate consists of distinct kinds of projierty, part of each kind should be assigned in severalty 6, p. 44G4, § 2737 share of tmo tenant may be set off, leaving residue undi- vided 6, p. 44G4, i5 2737 improvements should be allowed to tenant who made tlieni, when 6, p. 44G4, § 2737 right to crop growing on property at time of jjartition. .6, j). 44U5, § 2737 requisites and eflect of judgment or decree for jiarti- tion 6, p. 44GG, § 2738 riglit of purchaser at partition sale 6, p. 4407, § 2738 deed of partition merely fi.xes boundaiies, and does not af- fect title of paities t{, p. 44G7, § 2739 each partitioner becomes warrantor of the other to extent of portion allotted to him 6, p. 44G7, § 2739 implied warranty of title in partition deeds 6, p. 44G8, § 2739 Partnership. See also Attorney and Client; Good Will; Joint Stock Companies. 1. The Contract of Partnership. 2. I'owERS of Partners. 3. Di'TiEs AND Rights of Partner-s. 4. Liadilitv of Partners and Partnership, 5. Partnership Property. 6. Dissolution of Partnership. 7. JSuiTs betwken Partners. 8. Limited Partnership. 0708 PAnTNEUSIIIP. Partnership— (Continued. ) 1. The Ciiiitrart (/ Pdrfiifr.s/iip, l)artnfihhi|) tluliiieil 2, p. contract of, nceil not he in writing 2, \>. niiiy l)e ini])liotl from nets of piirtics 3, p. written contract i.'resunieil to contiiin all conditions of part- ner.sliip S. ]>. persons failinj^ to orgiini/o properly as corporation beoonio piirtners 2, p. sorial and political clnlis not partncrsiiip 2, p. members of masonic lodge not jjartners 2, p. action lies for breach of agreement to form partiierMhip.2. p. partnership articles cannot be vaiied except by conaent.2, p. object of partnership must bo a legal one 2, p. any calling or business may be object of partnership. . .2, p. peculiar rules as to mining partner^liip 2, p. partnership may ado[)t any firm name desired 2, p. change in name of firm does not alFout liabilitiex or rights 2, p. persons carrying on business in dilTerent places under dillbr- cnt names 2, ]>. partner must sign note in firm name 2, p. partnership name a trade-mark and cannot be used by others 2, p. use of name after partners having such name are dead. 3, p II one partner after dissolution cannot use tiinis name. . .3, p. penalty for wrongfully using firm's name 2, p. who may be pariners 2, p. infant's contract of partnership voidable 2, p. corporation cannot cuter into partnership with individ- ual 2, p. 1 19.1, § (];{:; see 1, p. no limit to number of p.TSons who may form 3, p. husband and wife as partners uiub r statute 2, p. specific performance of partneisiiip agreement will not be decreed 5, p. general reputation that one is partner not sufhcient. . . .3, p. evidence of advertisements, signs and hand- bills 3, p. declaration of agent of firm that person was partner, does not bind him 3, p. books of a firm evidence of partnership as between mem- bers 3, p. two persons signing note jointly no evidence of iiartnership between them 3, p. sharing returns und profits does not make sharers pirt- ners 3, p. nor sliaring firofits as salary 2, p. contract to uivide crops raised, not a partnership 2, \i. 100, § G35 li).), § CW 1 9 J, § 035 190, § 035 191, § G.33 191, § 635 191, § (i3.) 191, § (;:{5 ■J.31, § G58 19.', § G36 19-J, § I9J, § 193, S G36 G36 G37 193, § G37 193, § G37 193, § G37 193, § 037 )3 //, § 037 191, § 19!, § 19.-., § 190, § 037 C37 G38 038 (173, § 400 19.-), § (i38 37.J, § 751 202, § 2598 19.-). g 039 190, § 039 19G, § 039 19G, § C39 196, § 639 197, § 040 198, § G40 198, ^ 640 PARTNERSHIP. 0700 Partnership— (Continued. ) nor loan of no i.;y to bo investe.l in tra.le, lender toli.vu one-hiilf the net pn.lits 3, ,,. , i;,8_ g q^q nor a^'reenient to furnish goods at tixid prite, an.l to allow seller certain portion of pidHt of luMule 8, p. 1 IDS, § C4() nor agreuuient between two houses to sliaie comniiHsi.'ns on sales of goods forwarded by on«! to other 2, p. 1 JOf). § CIO nor an agreement to run a vo-'sel on shares 2, \k 1 IlCJ § 040 contract in form of lea>e does not constitute je^gor and lessee partners, because the lessor advances money iiml asjrees not to exact rent ,2 p. 1 199 § GIO joint interest in a patent does not make those intcre-t. .1 P'^'"^'"^^'"'' 2, p. 1100, § GIO persons may be lial)le as partners to third persons, though as between themselves they are not 2, p. 1 100, § 640 partnership relation exists, although conditions of partner- ship are not understood abke by piu\. jra 2, p. 1100, § GtO secret or dormant partners; lialiiiity of 2, p. 1l>0j[ § 041 dormant partner not personally liable for jud-nients against ostensible partner alone 2, p. 120G § Gil dormant partners have same powers as other pait- "'^" 3, p. 120G, § G41 one whose relations to co-partnership are e.xpressetl in the " & Co.," not dormant pat trier 2, p. 1 200 § G41 person holding himself out as partner liable as such. . . .2, p. 1l'J7,' § G42 use of man's name witliout his knowledge cannot make him P'""*"*^'" 2, p. 1207, § 642 use of name must have been known to person who seeks to mike him liahle 3 ,, joQy^ g gjo diligence in contradicting report not necessary 2. p. 120S, § G42 person not all'ected by unauthorizeil newspaper report that he is member of certain rirm 2, p. 1208 § 642 partner who has retired may be liable as "holding out " if he does not notify customers 2, p. 1208 § 642 estate of deceased partner not lialde where after his death executors allow his name to remain 2, p. 1208 § G42 !. Pourm of Partners. one partner may bind firm \t-ithin scope of partnership.. 2, p. 1213, § G45 partner exceeding his authority in making contract \wv- sonally liable on it g. ,,. i^j^^ § g^- p.artner entering into contract in the name of Hrm estopped to deny authority 2, p. 1215, § G43 implied authority of one partner may be revoked by co- partner by notice to parties dealing with him. . .2 p. 1215, § G45 partner may ratify an act of copartner not within tlie scope and usage of the partnership 2, p. 1215, § 645 what is within implied power of i)artuers 2, p. 1215 § 646 6710 PAItTXEESIIIP. Partnership— (Continued.) implied powers of partners in mining partnership 2, p. 1217, § 646 in nedical partnership 2, p. 1217, § (]46 in legal partnership 2, ,-^. 121 7, § 64R; 1 , p. IV2-2, § 1 96 in farming partnership 2, p. li'lT, § G46 in theatrical partnership 2, p. 1217, § fMfi what acts are not within implied power of partners 2, p. 1211), § 646 agreements between partners restricting authority of jtart- ners not binding on third jiarties except after notice 2, p. 1223, § 647 admissions and declarations of partners; when bindinj,' on firm 2, p. 1224, § 648 representations of partner binding on firm 2, p. 12J.J, § 649 alitcr as to partner's representation as to the extent of hia authority 2, p. 1223, § 649 powers of majority of firm to decide differences and dis- putes 2, p. 1220, § 654 to expel a partner 2, p. 122!), § 654 implied power of partner to make assignment for benefit of creditors 4, p. 33S4, § 1985 one partner the agent of the others in all partnershij) busi- ness 1, p. 20, § 19 where partnership an agent, one partner cannot act after death of anothttr 1, p. 22, § 21 two partners, only one of whom is guest, can maintain action as such for loss of goods, property of firm 4, p. "Ofiii, § 1784 when partners may sue for libel in partnership 3, p. 2375, § 1307 3. Dtdii's and Ri(jht.i of Partners. duty of partner to attend to business with diligence . . 2, p. 1230, § fi.')") partner may sue co-partner fornegkct 2. p. 1231, § 655 partner not entitled to compensation for transacting part- nershii) business 2, p. 1230, § 655 extra remuneration permitted by express agreement. . .2, p. 1230. § ()55 or implied from couise of dealing 2, ]>. 1230, § 655 extra compensation where other partner neglects busi- ness 2, p. 1230, § C55 partner must not make private gain or profit 2, p. 1231, jj (ioO nor engage in competing business 2, p. 1233, § G57 rights of partners in partnership property 2, p. 1235, §001; ^, p. 1237, § 664 partners entitled to share equally in profits of business, an, § on death of p.".rtner, partnersiiip realty goes to heirs, and is not distributed as personalty 2, j). 1236 § partnersiiip realty is, in ecpiity, chargeable with .lebts of *^'''" a, p. 123G, § 662 188 65<) 65!) oOO 661 662 662 6712 TAETNERSHIP. Partnership — ( Continuerl. ) laud purchased and held for partnership purposes is partner- ship properly, although not necessary for purposes of firm 2, p. conversion of p\rtiiership property by agreuniunt 2, p. rights of partners in partnership property 2, p. shares of partners, iu absence of agreement, presumed to be equal 2, p. partnership contract is several as well as joint, and estate of deceased partner liable , 5, p. deposit made in name of firm must not be paid to indi- vidual. .2, p. 6. Disnohition of Partnership. dissolution of partnership by act of law 2, p. by expiration of term of articles 2, p. by motion of dissolution 2, p. by withdrawal of one partner 2, p. by the alienation of a partner of his share, or by his as- signing or encumbering his interest 2, p. by death of partner 2. p. by lunacy of partner 2, p. 1241, § 671; 2, p. by marriage of female partner, or marriage between jjart- ners 2, p. by bankruptcy of partner, or his interest being taken under an execution 2, p. by assignment for benefit of creditors of entire assets. 2, p. by happening of event which makes business unlaw- ful 2, p by admission of new partner 2, p. by refusal of partner to recognize partnership 2, p. partner may sue co-i'artner fur wrongfully dissolving part- nership 2, p. burden of proving dissolution of partnership on jjerson alleg- ing it 2, p. equity may declare partnership void uh initio 2, p. 1' when court will dissolve partnership at suit of partner. ,2, p. not at suit of party in fault 2, p. nor when dissolution would work injury 2, p. partner becoming lunatic 2, p. partner becoming disabled in health 2, |). partner excluding othei from business 2, p. partner guilty of dishonesty 2, p. hostility between partners 2, p. bad character, drunkenness, on jiart of putner 2, p. [lartner refusing to furni.sh capital as agreed 2, p. good ground for dissolution that partner has become lialtle to a criminal prosecution 2, p. 1236, § CG2 V2-M § 663 1237, § 664 1238, § 664 3975, § 2383 921, § 526 1240, § 671 1240, § 671 1240, § 671 1241, § 671 1241, § 671 1241, § 671 1244, s 672 1241, § 671 1211, § 671 1241, § 671 1242, § 671 1242, § 671 1242, § 671 1242, § 671 1242, § 671 243 ,1, § 672 1 -'43, § 672 1246, § 672 1240, § 072 1244, § 672 124 4, § 072 1244, § 072 1214, § 672 1244 § 072 1240, § 072 1240, § 072 1245, § 672 PARTNERSHIP. 6713 Partnership— (r-ontimied.) where partnership heiii : for a fixed tenr, anothpr partner assl^'n9 or e'lcumbers his partnership interest 2, p. 1245, § 672 whiro business of partnership can be carried on only at , ^"^^ 2, p. 1245, § 672 where accomphshment of purpi-ses of pai tnurship is ren- dered impracticable 2, p. 1245, !? 072 that whole of firm's capital has been lost 2, p. 1245, § 672 where there was fraud, misrepresentation, imposition or opprt»ssion in original agreement 2, p. 1245, § 672 or where 8ubsec,uent causes render partnership onerous and oppressive 3, p. jgio, § 672 that one of the partners collected and converted to liis own use a large sum belonging to firm 2, p. 1245, § 672 that partn. r exaggerated value of property, not grwund for dissolution 2_ p jo^g g g-g nor trifling breach of partnership articles 2, p. 1 245, § 072 nor mere e- ror of judgment by partner 2, p. 1245, § 672 nor small differences, grievances, or misconduct not of per- manent injury to partnership 2, p. 1245 § 672 nor discourtesy to customers, not causing any serious in- „ J"''^ 2, p. 1245,§ 672 t I partners or their representatives indispensable parties to bill for dissolution of co-; artnership and account. 2, p. 1240, § 672 such bill cannot be sustdned in that form, if evidence shows that members have been incorporated 2, p. 1246 § 672 agreement in partnership articles, to submit differences to arbitration, will not preclude partner from bringing a bill for dissolution 2, p. 1246 § 67*^ creditor may atta k proceeding for dissolution of partnership, at any time before final distribution 2, p. 1247, § 672 decree will usually order dissolution to date from day' of ^"^''y- 2, p. 1247, § 672 It may be ordered to take effect from filing of bill 2, p. 1247, § 672 costs of procet- ding for dissolution of partnership will be or- dered paid out of partnership estate, unless where one partner has been guilty of misconduct 2, p. 1247, § 672 attorney's authority terminated by dissolution of 1, p. 272,' § 16-t does not effect engagements already made 1, p. 272, § 164 dissolution of partnership revokes agency 1, p. 64, § 46 but not mere change in firm name l, p. (34. g ^g agent of a partnership not justified in c-ntinuing to perf .rm his duties as such, after being notified of a change in the firm by admission of new partners, without re- newed authority from the new firm 1, p. gt; § 42 •Iter dissolution, partners still bound untd notice given to ''"'*°'^«" 2, p. 1247, § 673 G714 PAItTNEllSniP. Partnership— (Contimied.) •lissolutioii of partnership dissolves contract of service..!, p, 494, § 2S3 notice not essential where dissolution is by death of party. 2, p. 1247, § 673 or his baiikriijjtcy 2, p. 1247, § 673 or partner is not known to have been a partner 2, p. 1247, § 873 note executed before, but not delivered tdl after dissolu- tion of p.artnerdhip, does not bind it 2, p. 1248, § 673 notice of dissolution of partnership good by publiL-ation in newsp.tper, when 2, p. 1249, § 674 presunii)tion thut notice of dissolution of partnership sent by mail was received 2, p. 12j0, § 674 continuation of business after expiration of time limited in articles, effect of 2, p. 1251, § 675 authority of ]jartiiers after diss lution 2, p. 1252, § 676 rights and powers of survivor after death of one part- ner 2, p. 1254, § 677 after dissolution, each partner has right to have partnership property a|)plied to the payment of the debts a.'id lia- bilities of firm 2, p. 1257, § 678 lien of partners upon partnership property to enforce its application to jjaj'ment of partnership debts 2, p. 1257, § 678 right to return of portion of premium paid on entering part- nership 2, p. 125S, § 679 right to profits made after dissolution, where one partner cortinues tiie business 2, p. 1259, § 680 distribution of assets after settlement 2, p. 1262, § 682 (1) in paying debts and liabdities of firm 2, p. 1262, § 682 (2) in paying to each partner advances as distinguished from capital 2, p. 12G2, § 682 (3) in paying to each partner ratably what is due to him in respect of capital 2, p. 1262, § 682 (4) ultimate residue divihible among partners in their pro- portions 2, p. 12G2, § 682 losses are paid; (1) out of capital; (2) out of profits; (S) by partners individually 2, p. 1263, § 683 partnership creditors have prior right to individual creditors to payment out of firm assets 2, p. 1263, § 684 individual cieiitors entitled to priority of payment out of partner's individual property as against partnership creditors 2, p. 1264, § 684 lien of partnership creditors for j^ayment of debts 2, p. i26j, § 684 rights of partnership and individual crelitors respect- ively 2, p. 1263, § 684 judgment against all members of partnership as individuals, though not for firm debt, has priority over juilginent subsequently remlered against same persons as i)art- ners 8, p. 1266, § 684 ■ R PAKTNEliSHIP. 6715 Partnersliip— (Continued.) one co-partner's share in goods of firm may be sold on execu- tion for his individual debt 2, p. 12G7, § 684 on execution against one of several partners, proper mode is to levy upon and sell such partner's interest in whole of partnersliip effects 2, p. 12G8, § G84 partnership creditor may resor., in 64' ity to estate of de- ceased partner without first pruceuding ajjaiust sn- - ^'^"•"■^ .2, p. 12GS,, G84 partnership debt several as well a.s JMint .2, p. 12G8, § GS4 discharge in insolvency of one partner does not release °*^''''^ 2, p. 12GI), § 684 agroenient of creditor to discharge one partner, on his giving security for payment of debt, does not discliarge . ^^''^""^ 2, p. 1269, § 684 judgment against one partner bar to subseciuent suit against both q, p. 12G9, § 684 7. Suifs hffweeu Partnirs. one partner cannot sue co-partner in action at law, during continuance of partnership, concerning matters ap- pertaining to partnership 2, p. 12G0, § GSl partner who has paid whole of firm debt cannot sue his partner for contribution 2, p. 12G0 § 681 one partner cannot sue other for personal services rendered ^'''" 2, p. 12G0, § 681 cannot maintam tort agninst partner for mutilating note belonging to firm °.2, p. 12G0, § 681 nor action on case against copartucrs. for damages fr>r breach of contract by partner.-!iip 2, p. 12G(), § 681 nor for advances made to partner by lii ui 2, p. 12Go', § 681 nor by assuming all outstanding debts can he maintain uasuiiiiisU for balance 2, p. 12G0 g (iSl partner may sue co-partner at law fur excess which he has contributed to capital stock 2, p. 1260 « G81 for breach of partnership agreement 2, p. J2G0, «? (Wl for c.Hitribution where partnership is terminated by c.n- . ,''^"' 2. p. ]■_>(;], ^ asi for destruction of plaintiffs individual property 2, p. li'Gl, g (;;s| for money advanced to partnership 2, p. ]2(;]% (;m for share of profits in single transaction 2. [.. ]2Gl' g 681 equity will entertain bill to adjust complicated ... , """"*^ 2.p.l2GI,S GSl partner cannot have partial accounting 2, p. 12G2, § G81 equity may order canceled partnor^,hip articles procured by false representations 2, p. 126" S G81 8. Limited Piirtnershlps. limited partnerships defined 2, p. 1274 ^ 688 G716 PARTNERSHIP — PATENTS. Part nership— (Continued. ) statutory methnds of forininji and organizing 2, p. 1274, § 688 powers and Iial)ilitie3 of general partners 2, p. 1276, § 600 of speeial partners 2, pp. 127(5 -1(>7!(, § 691 dissolution of 2, pp. 127!), 1260, § 602 Party Walls. party wall defined: how created 6, p. 4518, § 27S9 wlit;ther structure a party wall a question of fact 6, p. 4.'J4!t, g 27S9 either owner may use p irty wall 6, p. 4.")49, § 2790 rights of purchasers of either lots 6, p. 4550, § 2790 owuer of laid cannot compel owner of adjoining premises to build party wall 6, p. 4.'>50, § 2791 nor can either demand co ihution from other 6, p. 4550, § 2791 effect of destruction of party wall 6, p. 4551, § 2791 Pastor. Sue Religious Socihties. Patents. See CoNsrixoTiONAL Law, 8; Public Gkants. origin and nature of 4, p. 2863, § 1650 former st^itutory provisiims 4, p. 286.'{, § 1051 consolidation act of 1870 4, p. 2SC5, § 1652 the patent-office and otliceis 4, p. 2865, § 1653 printing of papers 4, p. 2S66, § 1 654 cojties as evidence 4, p. 2866, § 1()53 insurance of patents, duration, date 4, p. 2S67, § 1656 what inventions patentable 4, p. 2867, § 1657 patents for foreign inventions 4, p. 2368, § 1658 recpiisitLS of application 4, p. 2868, § 1659 drawings, wlien requisite 4, p. 2868, § 16()0 specimens of ingredients, models 4, p. 2869, § 1661 oath of aijplicant 4, p. 2869, § 16(i2 exam nation and issuance of patent 4, p. 2869, § 166.3 time for completing application 4, p. 2870, § 1664 patent to assignee of inventor, to executor 4, p. 287", § 1665 renewal of ajiplioation 4, p. 2870. § 1666 assignment of patent 4, p. 2871, § 1667 rights of ])urcliaser before application 4, p. 2871, § 1668 patented articles to be marked, penallies 4, p. 2871, § 16f)9 cuccitH, filing and effect of .4, p 2872, § 1670 rejecting of claim, notice of 4, p. 2S73, § 1671 interferences 4, p. 287!, § 1672 affi lavits and depositions 4, p. 2S7.'i, g 167.3 Bubpcenas 4, p. 287.3, g 1673 witness fees 4, p. 2'i7;{, g 1G7.» penalty for refusing to testify 4, p. 2874, g 1674 appeals 4, p. 2874, g 1675 proceedings on appeal from commissioner, determinaticm of 4, p. 2874, § 167(» IG(>7 1673 1G73 PATENTS— PAYMENTS. G717 Patents— (Cnntinuefl.) su.ts in equity of patent 4. p. 2S75. § 1877 re-Kssne of defective patents 4 2S7.>. § I G73 aisclaiiner ># „ Bu.ts m interference 4, p. 2877, I.;S() .nfnngements smts 4, p 2878. § IGSI plea,l.ng u. infringement suits 4, p 2^78 § 1(182 infringement where specifiuaticn too broa.l 4 p 287'! § l(iS'{ previous use in foreign country 4] p^ 2880,' § l'iS4 extention of patents granted prior to March 2, 1831... 4 p '>S o' § IGS". proceedings; operation of extension 4, p. 28^0, § 1 GSP, patents for designs 4, p. 28S1. g 1<;S7 penalty for usmg patented de i-n without authority.. ..4, p. 238" § ItiSS jurisdiction of the fe.leral courts in patent cases 4 p 288"' g 1(1 9 . "fthf^^'-^te courts 4] p. 2835," § lOi.O injunctions to restrain infrin.jem- n^s of patents 4, p. 2888, § IGJl joint interest in a patent does not make those interest''.! r*"'''; 2,p. 1199,§ G40 servant m .y take out patent for macliinery tliough in ein- ploy of master, when he made the iuveutiou. 1, p. 472 § 2GS Patent Defects. ' See False IIepreskntatioit. Paupers. See Poor, Pawnbrokers, See I'lelkJes. djHned 1 «,«««„- . authority of... J' '' "S .1'' '" Payment- 1. p. SOJ-^JS, § 2J2 of deposits, see Banks, 6. of service?, see Principai, and Aoent, 13^ of bank bills, checks, etc., see Banks, 6. of negotiable paper, see NEooTfABLK Lnstrhments, 8. of premium, see Inscranck, 1. And see Accord and Satisfaction; Joint and Severai Liabilities. 1. Payment 1.V.GENERA1,. 2. Appr(jpriatio.v of Payments, 3. b'ECoVKRY OF Money Paid. 1. Pnymeut in General. See Compromises. payment discharges debt if made at time and in manner rro- vided by the contract g ^ payment made by a stranger di^char^es debt 5. p 4196 « 2V- 5 party pleading payment must prove it.... 5 „ 4,0..' g .,i:^ debtor entitled to be satisHed of authority of person' demamU T . '"° P^'"^"* ^^'f^'-e »-omp;ying with demand. ... 5, p. 4196 5 ".535 1 0713 PAYMENT. Payment — (Continued. ) possession of signeil receipt sufficient evidence of authority to demand payment 5, p. 419G, if payment is not made at proper time, creditor has claim for damages 5, p. 419(), effect on action of subsequently accepting payment. . . .6, p. 4ir«'i, payment of less than sum due, no discliarge of debt. ..5, jj, 4iy7, And see also Compromises. giving of negotiable or other security is only a conditifcal paj'ment 5, p. 41 97, but is an absolute payment in some states 6, p. 4198, payment by maker of note or acceptor of bill discharges it, so that it is no longer negotiable 5, p, 4i!00, whether stranger to a note who takes it buys it, or pays and extinguishes it, depends on circumstances 5, p. 4200, payment in forged, invalid, or worthless notes 5, p. 4200, payee must return forged or counterfeit money within rea- sonable time 5, p. 4201, payment in bills of insolvent bank 5, p. 4201 , payment by check, efl'ect of 5, p. 4202, remitting bauk notes to creditor by post discharges debtor where creditor has directed this method 5, p. 4203, but general direction by creditor to remit does not author- ize remittance by mail 5, p. 4203, direction to remit by registered letter; remittance by letter not registt red at risk of debtor 5, p. 4203, pnyment by setting off cross items 5, p. 42(J4, receipt in writing is only prima facie evidence of payment of debt 5, p. 4204, iilitcr where made under seal 5, p. 4205, payment to or by joint creditors or debtors 5, p. 4205, See Joint and Several Liaiulities. implied power of agent to receive payment 1, pp. 110-113, agent paying money to principal after notice of rights of third party, personally liable 1, p- 1 79, but payment before notice good 1, p. 179, but aliter if the money has been obtained by agent illegally by compulsion or extortion 1, p. 179 n, or his authority to receive 't was void, and he knew it to be so. 1, p. 179 n, payor should have a legal right to recall the money. . 1, p. 179, state of acciiunts between principal and agent must not in meantime have changed 1, p. 179, agent may sue in own name for nxmey paid by mistake. 1, p. 203, right of principal to recover money wrongfully paid by agent 1, p. 109, power of broker to receive 1, p. 394, §2535 5 2535 g 2.135 § 2535 §2537 §2537 § 253S § 2538 g 2539 § 2539 § 2539 § 2540 § 2541 §2541 § 2541 §2542 § 2543 g2543 § 2544 § 71 § 109 § 109 § 109 § 109 § 1U9 § 109 § 124, § 121 § 224 thority ..5, p. 419G, §2535 1 claim ..5, p. 419(i, § 2535 ..5, p. 41'.Vi, g 2535 ...5, p, 4197, § 2535 litid-al ..5, p. 4107, § 2537 ..5, p. 41'J8, §2537 rges it, ..5, p, 4200, § 2538 lys and ..5, p. 4200, § 2538 . . 5, p. 4200, g 2539 in rea- ..5, p. 4201. g 2539 ..5, p. 4201, § 2539 ..5, p. 4202, § 2540 delitor ..5, p. 4203, § 2541 autlior- . . 5, p. 4203, §2541 Y letter ..5, p. 4203, § 2541 . . 5, p. 42U4, § 2542 lynient ..5, p. 4204, §2543 ..5, p. 4205, § 2543 . . 5, p. 42a5, §2544 , pp. 110-113, § 71 'lits of ..1, p. 179, § 109 ..1, p. 179, § 109 f ayeut .1, p. 179 n, § 109 .new it .1. p. 179 n, § 109 ..1, p. 179, § 109 list not ...1, p. 179, § 109 te.l, p. 203, § 124. aid by ..1, p. 199, § 121 ..1, p. 394, § 224 PAYMENT. 0719 Payment — (Continued.) iiower of factor to receive j^ p_ 421, § 228 payment to principal good as a;,'ain3t factor 1, p. 4-_>2, § 229 implied power of attorney to receive payment . .1, pp. 287 to 2S9, § 172 payment of judgment or decree to attorney of record, who obtained it before authority revoked and due notice of such revocation given, va.id 1, p. 273 w, § 1G5 payment to agent of attorney of note in hands of latter for collection not good i,, 209 § 161 duty to pay over money to client 1, p. 298, § 179 auctioneer may receive payment 1, p. 3(jo § 015 but not for land j^' p ^Gi)', § 217 duty of auctioneer to pay over proceeds of sale 1, jj. 3()1, § 214 payment to foreign executors and administrators 2, p. 1693, § 980 payment may be restricted to be out of particular ^""'' 5, p. 4145, §2503 2. Apprnpriatiun 0/ Pai/metits. debtor may appropriate payment made by him to whatever debt he chooses 5, p. 4206, § 2545 even to account, not due 5 ,,. 4206, § 2545 aWer as to involuntary paymenLs or those under process of ^^^ 5, p. 4206, g 2545 intention of appropriating paymeni, lo particular debt may be inferred from circumstances, although not declared in express terms by debtor 5, p. 4207, § 2546 or may be proved by i)arol evidence of directions given either previously or subsequently 5, p. 4207, § 2546 where debtor does not, creditor may make appropriation of Payi'ent 5_ p. 4208, §2547 to what debts creditor may not appropriate 5, p. 4210, § 2547 if neither debtor nor creditor make any appropriation, law appropriates payment to earlier debt 5, p. 421 1, § 2548 rules as to appropriation by the law 5, p. 4212 § 2548 liVfij very of Money Paid. money paid fur another's use may be recovered on implied <^"nt''a'=* 5, p. 4213, §2549 compulsory payment of another's debt; amount paid may be recovered 5, p. 4213, § 2.-50 alitcr as to voluntary payment of another's debt 5, p. 4214, § 2551 where money received by one under circumstances which re- quire that it sliould be paid over to another, law im- plies a contract to so pay it 5, p. 4214 § 2552 if one person obtains possession of mom^y which ex a>qvo et bono belongs to another, latter may maintain action to recover it 5, p. 4214, §2552 where one fraudu'ently or wron-ifally obtains property or money of another, latter may sue to recover it. ..5, p. 4214 § 2553 ■ 6720 PAYMENT. Payment — (Continned.) money ohtaiiied by compulsion or duress may be recovered back 6, p. 421f?. § 25f5t as money yaid to protect life or goods 6, p. 4U17, § '2J55 payment nimle under duress as to real propoi ty cannot be recovered back 6, p. 4210, §2558 money |)aid under compulsion of le,'nl process cannot be re- covered so long as judgment stands 6, p. 4219, § 2557 rule extends to money voluntarily paid in compliance with award of arbitrators 5, p. 4220, § 2557 after judgment reversed, money paid under it m.iy bo re- covered back 6, p. 4220, § 2557 where assessment set aside on certiorari, money voluntaiily paid thereunder m%y be recovered 6, p. 4220, § 2557 if act of compulsion be not authorized by the pro ess, action may be maintained to recover back money paid under it 6, p. 4220, § 2557 illpgal fees paid to public ofBcer may be recovered back. 6, p. 4221, § 2558 voluntary payment without compulsion, not recoverable. 5, p. 4221, § 2559 or payment made by way of gift or with a gratuitous intention 5, p. 4221, § 2559 or a payment mnde with knowledge of all the circum- BtHUces, in discharge of claim which was not due, or which might have been successful y resisted 6, p. 4221, § 2559 makes no difTerence whether or not claim was made in an action or legal proceeding 6, p. 4221, § 2559 where persfm pays tax or asessment — there being no seizure or proceeding to compel payment — he cannot recover it back on ground tliat tax or assessment was illegd 6, p. 4222, § 2559 payment of license fee to engage in particular business, can- not be recovered, though illegal 5, p. 4222, § 2559 payment of a waterdicense fee under threat of cutting water off not voluntary, and exc ssive charge may be recovered 5, p. 4222, § 2559 Toluntary payment none the less voluntary because accoi-- panied by protest 5, p. 4223, § 2560 where statute requires a protest, no recovery can be had without one 5, p. 4223, § 2360 illegal tax paid cannot be recovered unless payment was made under protest 6, p. 4223, § 2560 protest made after payment is of no avail 5, p. 4223, § 2560 money paid under mistake of fact, may be recovered back 5, p. 4223, § 2561 money paid under m stake of law not recoverable 5, p. 4225, § 2502 money paid under executory illegal contract may be n cov- ered back 5, p. 4226, § 2564 PAYMENT— PERSON.VL ritOrEKTY. 6721 Payment — (Continued.) alltir where mistake was of law of another state 6, p. 4?25, § 2.')f)2 al747 Personal Acts. power to do, cannot be delegated 1, p. 25, § 25; 1 p 29 n § «>8 Personal Property. ' ' ' ' ^" *" ' «" - See Abanud.nmknt; Acck'!.sio\; Confcsion of Pitoi-KKxy; Guts; Lcst Pkopkety. 1. Title to Personal Pkoperty. 2. Kinds OF Personal pROPEiiTY. 1. Title Co Pt-monal Properti/. as to the right to the increase of anim.al.s and the rights of the finders of lost animals and estrays, see Animals' as to stolen chattels, see Contkai'ts; as to lost or stolen bills and notes and other negotial)le instru- ments, see Negotiable Instrments; as to title by purchase and sa'e, see Coniracts; as to title by descent and devise, see Wills, and Dkscknt and Distribution. title of personal property by occupancy 3, p. 2,'], 'SOO abandoned and derelict property 3' ,, 2;{S4 6; 1310 (?^ Vl ^y ^v IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■^^■2.8 12.5 a Bit ■■■ ^ 1^ 12.0 IL25 mi 1.4 1^ 1.6 Hiotographic Sciences Corporation 33 WiST MAIN STRiiT WIBSTER.N.Y. MSSO (716) •72-4503 &^ A'.iG. § by consent of the ]iarties 3, p. 23US, § by mistake of party 3, p. 2.S!)0, § by act of stranger 3, p. 2:«»D, § by inc it-b!i; accident or vis major 3, p. 2400, § title l.\ '. ^ 3, p. 240), § other nich' > t" obtaining title to chattels 3, p. 242S, § 2. Kiuils of /'- -o,l <^'"'^^^'"»'« 3,' p, 2444, § l.-IJl manuscriittg, letters, and newt^p.Tpers 3, p. •J444, § 1 ;{.-,] demands against estate of another 3, p. 2445, g l.'S.V.' right of action 3' p. 2445,' § Kf.V.' right to legacy or distrilmtivc share 3, p. •2445, § i:{52 right to money deposited with a banker 3. p. 2445, S i:i52 interest in partnersliip 3. p. 2445, g 1 .•{52 rolling stock of railroad, its cars and locomotives 3, p. 2445, g i:i5'{ *»^'« *1<^<^'1« 3, p 2445^ g i:i5.{ good- will of business 3 p, 2445, ?; i ;{5;i seat in exchange 3^ p 244-,' § ,;.-,.{ license to retail liquor not property 3, p. 0445 g j-^;{ mere idea, unconnected witli any pliysical device, not subject of ownership 3, p. 2445, § 1353 Petitions. See Plkadino and Practice. petitions to appointing power are privileged 3, p. 2327 § 12!i5 Pews. status of, as property 2, pp. 1 IIH, 1 117, § GIS rights and liabilities of pew-holder 2, pp. ] 118, 1 122 § CIS Physicians and Surgeons. as to privileged communication, see Evidence; and see In- SUKANCE (b). legislature may regulate practice of medicine and surgery, and prescribe qualiliiations for license 7, p. OIGO, § 3911 where power to license vested in board, its decision will not be c ntrolled by vuvulnniUH 7, p. 6IG0 § 391 1 but such body cannot arbitrarily refuse license on ground that applicant is not wortliy of confidence 7, p. GIGO, § 391 1 right of i)hysician to recover for .-services 7, p. 6I6I „ g yyj j duty of physician as to care and skill; liability for negligence or malpractice 7^ p. gigg „_ § grjn C724 PHYsiciAxa and surgeons — pleading and tractice. Physicians and Surgeons— (Continued.) test of pliysiL'i.in'a ac(iuirenieiitH; ditrerent sohoola 7, p. C1G4, § 3911 culling ill tiiiotlier phy-iiuiaii; liubi.ity fur acta of sulistitiue or associate 7, J). (iUi"), § 391 1 iin))Iiutl piiwvTs of j)artiier8 in mtdical partmrsliips 2, p. 1"J17, § 040 evivluncc relevant in ac'ioiis ;.;ainst pliysician 2, p. I'JIT, § (J4(j evidence iiicvulant ill acti Ills a;^aiii3t physician 2, p. 1217, § (J-IO burden of proof of negligence in medical man is ou plaiiit- i(T 7, p. (lUiO, §3911 physician is liable f'lr detainin^j sane person in a-iyluiii against hia will 7, p. GIGG, § 3911 action lies ag linst physician who intrudes stranger into l>ud- room of sick woman 7, p. 61GC, § 3911 Action lies against physician ftir neglect, in infecting persons with disease from other patients 7, p. GIGT, § 3911 who may sue for malpractice 7. i'. G1G7, § 3911 contributory ne^lig nee of patient iu action agvin-it nied cd man for malpiactice 7, p. G1G7, § 3911 action lies against physician for iierforining pott nwrtim iu careless and inhuman manner 3, p. 2435, § 1343 measure of couipensatiou for performing surgical opera- tion 1, p. 46G H, § 266 jjliysician of railroad, with authority to buy medicines, no iinjilied power to contract for boaul, lodging and nursing of a person injured by the cars 1, p. 117, § 76 surgeon of railroad no implied authority to bind the com- pany to pay foi services and nn;als furni.shed nurses and others in attendance upon employees injured in accident 1, p. 117, § 76 slanders and libels on physicians and surgeons, when action- able 3, p. 'JJ83, § 1274 Pictures. See AKTI3T3. Pigeons. See Animals. Pilots. See Constitutional Law, 8; Siiirs and RiitrpiNo. licensed pihit voluntarily eiiiployeil by i>wner of vessel is his servant, for whose acts he is lesponsible 1, p. 517, § 295 where it is compulsory by law fur master to take particular pilot, Li;i acts are not acts of owner or master. . . 1, p. 517, § 295 Plants. See Accession. Pleading and Practice. See Action; Kxecutions; Injitnctions; Judgments; Man- damus; Quo Warranto. \. Plkauinos at Law and in Equity GENEUALr.v. PLEADING AND TKACTICE. 6725 Pleading and Practice— (Continued.) 2. UnUI K TI£K CODKS— TIIeCoMI'LAINT. 3. A.N'SWEK; 1*L,EA; RuPLYj DuuUKKluB. 4. Cri>s.s-comi'LAInt. 5. Set-okk and Countek-claim. 6. JoiNDEK OF Actions. 7. Joi N I) EK OF Defenses. 8. Pakties. 9. JoiNOER OF Parties in Geverau 10. Joinder OF Parties Plaintiff. 11. Joinder OF Parties DefivNuaht. 12. Amendments. 13. Appearance. 14. Forms of AcnoN. 15. Variance. 1(J. Venue. 17. Writs. 18. MlSCELLVNEOUS, 19. Pleadinu and Practice in Particul-ae Actions. (a. ) AioiiimpfiU. (b. ) Undtr Civil Damage Law*. (c) Conspiracy. (d. ) Dinljarmcnt Proreedings. (e.) Executors and AdminiMratnra. (f.) False Arrent and Imprisuamcnt. (g.) Injunction. (h.) Malpractice. (i.) Neglijence. (j. ) XKjotiahle Imtrumentit. (k.) Persons undtr Disabdities; r»/,ints' L!» ifations; Married U\,men. (1). Action against Jiailroad/ur Killing Utoci:, (m.) licplevia. (n. ) Stdurtioii. (o. ) Slander and Libel. (p.) Statutes; Actima under. (q. ) Statutory Action for Causing DeatJu (r. ) Telegraphs. (s.) Usury. 1. Ploadin/s at Law and in Equity genfrally. the dilferent pleadings in a coinuum law action 7, p. 5.185. § 3406 office and functions of pleadings 7, p. 5:{8o. § 3407 the p!eadinu'8 in a suit described 7. p. 5355, § 3407 necessity of selecting proper form of actiuu at counnun law 7. p. 54.14, § .1460 what facts only must be state 1 7. P 54"i5, § 'W\0 pleadings in equity differ from tlio.se at Liw 7. p. 5;j>9, § 3410 bill of coniplaiut; its different parts 7, p. 53S9, § 3410 G72G I'LEAUIXG AND PIJACTICE. Pleading and Practice (rontinuud.) deiiuirror to bill of coiniilaint 7, p. 5330, § 3410 plea in equity, when allowoil 7, p. ri.i'M), i? 3410 answer in eipiity, when re(i'.iiroil 7, p. Tj.'JDJ. S 3410 replication in ccpiity, when reciuired 7, p. ii'MO, § 3410 2. Under thi' (^odvH — Tlie Cijinjilniiil. different forms of action abolished liy the codes 7, p. r>3()5, § 3415 one form of action substituted 7, v. "i^t'.Mi, § 3416 siecessary variation of facts, circumsfances and relief . .7, p. o.'t'.IO, -^ 3417 law and eijuity administered in one tribunal 7, p. ri:i'.)7, S 3418 action not dismissed because money relief asked for 7, ]<■ 'I'Ml, § 3418 object of codes to simplify means of obtainiu'^ justice .7, p. o.'iHT, ?; 3411) codes of practice do not change duties and liabilities. . .7, p. oli'.IS. S ;>4J0 the different forms of i)leadings under the codes 7, p. 'ti'i'y, S 3101 requisites of the complaint 7, p. 51l!(>. >! 34(!1 grounds of demurrer under the codes 7, p. 54.'{G, § 3401 complaint or petition must contain statement of the facts constituting cause of action 7, p. .'U37, § 34^2 only issuable facts must be alleged 7, p. o4.'!8, § 34G2 facts which constitute single cause of action cannot be sub- divided into two or more counts , p- 513S. ^ 3403 use of common counts in assuiuiisit retained 7, p. 5t3S, § 34G3 where complaint sufHciently allei,'eri material facts, or where such facts can be reasonably inferred from allegations, complai.it not bad on demurrer 7, p. 5439, § 3404 if allegations are defective or incomplete in manner or form, remedy is by motion before trial or subscMpfiit pleading to have them amended 7, p. 5430, § 3404 petition to set aside will should contain all grounds neces- sary 6, p. 5190, § 3222 breacli of covenant may be assigned generally by negativing words of the covenant 5, p. 3853, § 2294 declaration against owner for injury by ferocious animal must aver the scieiittr 3, p. 2499, § 1384 corporation, in suing, need not aver how incorporated. .1, p. 038, § 372 drawing impertinent pleadings, attorney liable for costs. 1, p. 254, § 153 3. Answer; Plfa; Hfjjli/; Demurrer. answer and denmrrer the only i)leading3 for defendant uinler the codes 7, p. 5449, §3473 what answer must contain under the codes 7, p. 544S, § 3472 answer must raise issue of fact only 7, p. 5449, § 3473 demurrer is not included in answer 7, p. 5450, § 3473 defendant permitted in some states to demur and answer at same time 7, p. 5 4.')0, g 3473 test of whether pleading is a demurrer or an answer. . 7, p. 545J, § 3473 reply is last pleading of fact permitted by most of the codes 7, p. 5450, § 3473 HNDM 3410 PLEADING AND rRACTICE. 67l?7 Pleading and Practice -(Continuctl) iu some status no reply to new matter necessnry unless such new matter constitutes set off or counterclaim. .7, ].. 54,")0. ;; 347;{ in other states all new mat'.er must he replie.l to, or its truth will he taken to he admitted 7, j,. r)4d0, ?: 'M7:i special dennjrrer aholished hy codes; motion to make more definite and certain suhstituted 7, j,. r)451, §3474 where new matter alle;,'ed in answer insuliiuient to constitute defense, ohjection properly taken hy demurrer . .7. p. 5451, ;? 3475 joint answer deniurrahle, unless yood as to eacii and all of de- fe'"l'-»"t.'. 7, 1, 5452, §3475 demurrer to entire answer setting up several separate de- fenses will he overruled if answer contains one good mode of denial in answer 7, p. 5J52 >: 3476 effect (.f general denial 7^ p. ,34^3] ^ 347^ specific denial is denial applicahle only to particular allega- tion controverted 7° p. 5453^ g 3470 general and specilii denial not permitted to same allega- *'"" 7, p. 5453, § 347(i one or more sp.-cial allegations may he admitted, and remain- s-co>njtl1, g 34S6 what is a counter-claim; from what must it arise 7, p. 54()2, § 34S6 how must counter-claim be set up 7, p. 54(i3, § 3486 c unter-claim may include equitable relief 7, p. 54(>4, § 3487 must be designated as such 7, p. 5404, § 3488 must be in favor of defendant pleailing it 7, p. 5405, § 3489 the demand set up iiuiiill sues as ai^.nt or for benn it of anotiier, setoff availaljle against latter is ava labie against l«iin 4. p. 278-1, § 1G04 attorney may dutluot his fees from client's funds in his hands 1, p. 331, § 20O master may set-oil' jlainages suffered tlimugh lervant's neg. Icet 1, p. 470, § 2(>7 party sued on d bt may set off usurious ifitcrts ; paid. . .5, p. 40S!}, § '24U2 set-off by garnishee wlien allowed 7, p. 501 (J, § 'Mi'Mi erpiitable defenses an 1 setoff to assigned claims 7, p. i"4J(), § ;i442 payment by seiti -g off cross items 5, p. 4J04, § 2512 implie I power of attorney to agree to set-off 1, p. 291, § 173 6. Joinder iif Artioiis. what causes of action may be joined in complaint under the codes 7, p. 5144, §31G8 codes have not abolished e4"3, S 34'2J if averments iniullicient, recovery cannot be had 7, p. 5K)3, § lH'S.i allejjations of fact ne essary under oode practice 7, p. 54U3, § 3424 mode of trial when legal and eiiuitalile issues aritte in h i me action 7, p. 5104, § 34i.'."> where ditl'erent causes improperly united, exception taken by demurrer, motion to strike out, or to compel elec- tion 7, p. 5445, § 34(J1» provided by codes that dilTorent causes of action nmnt be seiiaratcly stateil 7, p. 5445, § 3409 defect may be reached by motion to mal;(; more detinite and certain 7, p. 5145, § SlO'.t 7. Johidri- of DcJ'cnscii. defendant may join in his answer as many defenses as he may have, whether legal or eipiital>le, or both. . .7. p. HLTS, § 31S'J whether inconsistent with each other or not 7, p. 5458, § 34S"J Bworn answer must not deny in one paragraph what it admits in another 7, p. 5t5S, § 34S-_' denial and justilication may be pleaded together 7, p. 5450, § 34S'J defense on merits and another suit pending 7, p. 5151), § 34S2 denial and the statute of limitations 7, p. 5159, § 34b'i each defense must be separate and complete in itself. . .7, p. 54.")J», § 34.S'.2 defenses in abatement and in bar may be joined 7, p. 545!), § 34S3 inconsistent defenses miy be joined in same answer. . ..7, p. 515'J, § 34S4 what are and are not iucousisteut defenses 7, p. 54Ut), § 3484 8. Parties. every person sufTering damage from nuisance is entitled to bring action for it 6, p- 4845, § 2970 where injury is to enjoyment of property, tenant may ^ sue 6, p. 4S45, § 2976 in what other cases may landlord sue 6, p. 4S45, § 2976 who nmst be party plaintitT 7, p. 5 IC5, § 3426; 7, p. 5407, § 3427 "real party in interest". 7, pp. 5410-5413, §^ 3429-3433; 7, p. 5400, § 3426 all persons having interest must be joined 7, pp. 5410-5413 s§ 3429 3433; 7, p. 5400, § 3420 where rights and liabilities of parties -.re several, one interest- ed can alone maintain action V, p. 5408, § 3427 with regard to parties plaintiff, rules formerly obtaining in courtsof equity only now applicable under codes. .7, p. 5408, § 3427 ■ rLEAI»INO AND PRACTlCBi C731 Pleading and Pructice— (Conti' ue. AMI, ilU.'.O Lolilcr of lugi.tialjle pajiei may nu'i , 7, j,. 5(11, § !ii:tl collattTal a;,'reement does not allcM't assi^'inncnt 7, p. 5 H 'J. g :• l.fj illiHtrations of as^^i^-nee as rual party in interest 7, p. 54i:J, § 3133 tliiril party for whose LciicHt contract iMiidu may briny action ""'* 7, p. oJU, §3134 citizen or taxjtayer may restrain unlawful acts of odicers. 7, p. 511."), § 3131 usiynee of cliose in action may sue in lii.s own name 8, p. 43 IS, § I'diiT or may sue in name of contra' ting party 6, jj, 4;us, § -.'(iGy bailee without reward may sue for chattel 4, p. 2, § 1 7 1 1 cither lender or borrower may sue for the property 4, p. 2!ll(;, g 17i;4 hirer may sue for chattel 4, p. '2r ini!<">, § '^783 riglit (if inoitj,'a;4(!or to biing •jiitiiicnt 0, p. A\i'2'.\, § .'lO.'i-l right of nioitgngee to liring ejeoiinoiit G, p. 41121, S 3().'J5 niortj,'a;;cor iiiny sue tliiril jtcrMoii for inj'iry t<> popcrty .0, p. 5011, § UOS-t either iiiort>,'n£>cor or iiiort^'n^^ee nitty iiiuiiitniii an aulloii for injury to mortungcil ihattuls 0, p. 5011, § 30S4 party in pohsc!i»ion of jiioperty uiny hrin^ trcMpiiBs; >vlio has or lias not "poBhe^sion" 7, p. oU.'iC, § 3G57 0. Joinder vj I'aitiex — In Gewivl. dtfect of parties on (;rouii(l of demnrrer 7, p. 6121, § 3413 " defuct of parties" mcaiit a want of parties, not sii) ?r- fluity 7, p. 5 121, § 3443 demurrer lan be ]>lcailcil only on the ground of non joinder, not niisjoiiukr, of partits, either jihiintill'ur deffiid- ant 7, p. 5121, §3143 that aueh defect may be taken advantage of by deniuricr, it must appear on the face of the eoni|iiaint 7, p. 5421, S 3443 defect a]>|iRreut on face of complaint, cannot be set up by answer 7, p. 5121, § 34 13 mode of taking objection prescribed by statute must be strictly followed, whether defect is iu want of parties ptxiiitifr or defendant 7, p. 5421, §3443 if plaintiff proves case against any one or more of defendants lie may have judgment against such, and dismiss or be nonsuited as tu others 7, p. 5421, § 3443 question of want of parties not raised by demurrer on ground that complaint does not state cause of action. . . .7, p. 6122, § 3143 stockholders' bill; who may or must be complainants. .. 1. p. 81U, § 46S all partners or their representatives indispensable parties to bill for dissolution of copartnership and ac- count 2, p. 124(5, S 672 necessary parties to bill to foreclose mortgage 6, p. 497G, § 30G3 nee ss!iry parties to actions of ejectment 6, p. 40118, § 2883 are necessary parties in proceediugs for partition 6, p. 4461, § 2736 10. joinder of PartitH Phintijf. joint sufferers from joint tort must join in acti-n 7, p. 6415, § 343) where injury several, though committed on more than one, each must sue separately 7, p. 5415, § 3435 in actions concerning trutit property both trustee and rcsfui must be joined 7, p. 5122, § 3141 in equitable actions generally 7, p. 5 122, § 34 14 in actions for partition 7, p. 5 122, § 3 111 inaction for forclusure or redemption of mortgage 7, p. 5423, § 3445 PLEADING AND PHACTIOE. CiC3 Fl««ifng and Pr*otice-(rontiiined ) in Huit for «con,i„tmir ^ p 5,^, j «, ,^ ncfN^nry c..iii|.l.,i„aiitn in dt-oUliol.Ier's l)ill 1. p, 8|,j* j 4^;, nccMi.tiy imrtiBs plaint H" in notiim wlisn tenants in coinnioii nee.l nut join 6, p. 4»|.» f '^IS't tenants in ominon may join in action for nuisance alFecfing *'"'•■ *'^*""' 6. p. 4SiC,, i 2070 persons hHvni>; dintinot interests air.'cte,n,y the same n.iis arice must brin;; separate .ictions fl^ p. 4^q | ^-q joinder of s.vural p rsons in a l.ill to n'.strain nuisance p'er- niissil)le when such nuisance ia cmimou injury to tlieir several lencmcnta q p. 48|(j 5 237G \\. Jnind-r of P,trtii-s Drfi.iulant. ne.jeHyary an I proper parties dofen.lant 7, p. J^IOS, i 312S any person m.«y l.e ma.le defendant wlio lias or clainn in- terest in controversy adverse to plaintilF who xa neiesKary p.irty to complete determination 7, ... /^i&i, ^ZXI'i In s )MH Stat. 8 this provision limited to eiiuitahlrt acti.,'; only. . . .•••• 7, p. MOS, I 312S when question involved one of common or general interest and parties are numerous, one may sue or 4f/j, f :; \Zi parties when any of several hound are dead 7J p. ^f^^ j .^^ persons severally bound on negotiable instruments may'b^ all sued at option of plaintilT 7^ p_ ^^frf § ,'»J2S C"nrt h« power to add parties 7' p ^^^t . ^j^^ person not joii,ed may apply to be made party 7, p. 5132, $ .'il-,9 defendants in suits to set aside deed of trust 7] p! 542.7! | 3117 defendants in actions for specific p rformance 7] p. 542.">! f .3 US defendants inactions to quiet title ,.7' p. 5420! |3||'» defendants in actions ex dcllr.to 7* p! Si''!)' < Sl'^i necessary parties defemlaut in action of ejectment 7,' p. S-^u' § 371 1 necessiry parties defendant to stockholders' bill 1, p. 817^ $ 4S9 who necessary defendants when liabdity joint and sev- eral.... 7, p. 512^. | ."ni ■who necessary defendant when liability several only. . .7, p. 5120, | 31.75 if too many defendants, or if sued jointly when only sever- ally lia'Ie on the face of pleadin^^ a demurrer lies, or a motion in arrest, or a writ of error 7, p. 5127, S 31.^3 if defect not apparent and plaintilf fail to prove joint liabil- ity, he wdl be mm suited 7^ p_ 5127 * Z'o'i where defect non-joinder in contract, plea in abatement proper reme,ly 7. p. 6127. § C 133 Lawsoi R & U.-4ii0. ■ 6734 rLEAMNQ AXD PBACTICE. 3451 ?A30 3153 521 599 599 3553 404 3.-)(!3 .-1538 3G31 Pleading and Practice -(Continued.) in action «x coH^nic':'-, where lia'iility joint, all the debtors must be joino 1 7, p. 5tJ7, § 3450; 7, p. 5 127, § liability of tort-feasors being joint and several, one or all may be sued 7, p. 5427, § alitcr whi3Tt from nature of tcivt "t cannot be joint, as in slander 7, p. 5 127, § rule in case of invaliility of joint contract as to one partj'.7, p. 5428, § rule in case of death of one or more joint obligors 7, p. 5428, § depositors cannot maintain a suit in efjuity a;;ainst mana'.'ers of bank without joining the bank itself 2, p. 899, § action on promissory note, signed by directors as such, of voluntiiry association, should be brought against all the members S, p. 1073, § cue whose name was signed to articles of associi)eura7ice. voluntary appearance of foreign corporations confers juris- diction 1, p. 621, § 351 attorney liable for costs where he appears without author- ity 1, p. 264n, § 158 right to appearance fee depends upon contract, either ex- press or implied 1, p. 329, § 199 authority of attorney to appear presumed 1, p. 263, § I." court may order authority to be produced 1, p. 264, § 158 infant must defend suit by guanlian ful litfm 2, p. 1527, § 840 if he appear by attorney, no objection can be taken after verdict 2, p. 1523, § 840 where several defendants appear, by own attorney, attorney of one cannot give or accept noti es for others ... 1, p. 266, § 159 appearance for the defendants generally, prima facie an ap- pearance for all 1, p. 266, § 159 entry of an appearance by an attorney for defendant in ac- tion against a partnership construed as an appearance for them as partners 1, p. 266, § 159 one co-defendant may employ attorney for other co-defend- ants, and his appearance \«iil bind alL 1, p. 2G6, § 159 PLEADING AND rRACTICE. G735 Pleading and Practice— (Continued.) 14. Furiua of Action. See also Sec. 2. person may waive contract and sue in tort 3, p. 173S. § 1026 p'-rson may wave tort and sue on contract 3, p. i y;};)^ § 1027 debt and covenant lie for rent due on lease 6,' p. 4r>!(G' g 2Sn rent recoverable in erjuity when '....G,^. 459(>i § 2817 m what cases action for use and occupation will and will not .. ^'^■. •■::•'• 6, p. 4596, §2818 action against innkeeper to recover the value of persomd property l.-ft in his chr.rge by guest, and subsequently stolen, is founded, not on tort, but on contract. .4, p. 3t'GG, § 1784 action for nuisance lies for erection projecting on one's , ^ . '*'"^ 5, p. .?S IR, § 2290 but ejectment will not lie, nor tiespass 5, p. 3547, § 2290 that submission was un.ler seal not necessary tliat action on award should be covenant 6, p. 5372 § 3393 15. Varinpce. ' ' no variance material under codes unless it prejudice the op- I^-'*«P^'"ty 7. p. 5440, § 34(15 court may enter amendment on terms 7, p. 5440^ § 3455 not necessary that plaintiff should prove his cause of action literally; suflScient if he does so substantially. . ..7, p. 5.UI, § 3465 questions of variance are determined by proof a/imide as to whether party was actually mi.sled to his prej- ,'"^T"ri 7, p. 5441, § 34C5 matenahty of the variance may be apparent upon face of pleadings themselves 7^ p, 54^,^ g ^^^. objection on ground of variance is too late in the appellate .*''""■'••• :V 7, p. 5441, § 34C5 variance not material, unless it has misled adverse party to his prejudice 7, p. 544], § 3405 immaterial variance must be disregarded, and pleadings may be amended to conform to j^roofs 7 p 5441 §34(55 in what cases fatal variance arises 7,' 5441,' § 34G6 16. Venue. allegation of venne neces.sary to jurisdiction 7, p. 5040, § 3649 trover is transit or against persons claiming under mortgageor >\ ho have en- tered 6, p. 4925, § 3036 writ of assistance to enforce delivery of possession to jtur- chaser at sale under foreclosure 6, p. 4082. § 3071 implied power of attorney to issue process .1, p. 2i)0, § J 73 attorney liable for issuing illegal fliu-i/arian 1, p. 25li, § 154 18. Mixcel/aneous. practice on proceedings to remove olHcers of corpora- tions 1, p. 712, § 421 procedure in summary ac ion against tenants to obtain pos- session of premises 6, p. 4705, § 2S8S procedure in application to remove trustee 4, p 3474, § 2034 plea4lingand proof in actions for infringement of patent. 4, p. 2878, ^ lljJ>2 when party dies after verdict, attorney can neither give nor receive notice of motion for new trial or of appeal. 1, p. 277i S 1G7 PLEADING AND PKACTICE. 6737 Pleading and Practice— (Continued.) motion for a rule on plaintiff to file warrant of attorney must be maile before plea 1, p. 2G5, § 158 imi)lieil p.oH er of attorney to agree to a continuance. ... 1, p. 2S.">, § 171 party (in attorney's absence) bas no power to agree to con- t'"ua"<^^e 1, p. 279, § 169 19. Pleading ami Practke in Particular ActiuhS. (a.) Ai.stauji'ot. pleading in actions of assumpsit 7, p. 57 ")7, § 3fi95 evidence in actions of assumpsit 7, p. 57U3, § 3096 aciion may be maintained by person from wbom considera- tion for promise moved, or for whose benefit it was made 7, p. 5750, § 3693 when promise made to one for benefit of another, either may sue 7, p. 5750, § 3G93 (b.) Civil Daiiiatjc Lawii. intoxicated per.-on not necessary party defendant 3, p. 1954, § 1132 wife suing for injuries to her person or means of support need not join husband as plaintiff 3, p. 1954, § 1132 children injured by sales to their fatiier cannot join in action under civil damage laws, but must bring separate actions 3, p. 1954, § 1132 petition alleging that intoxication was caused in whole by defendant; recovery may be had if he c ntributed thereto 3, p. iflfig, § 1141 con-plaint must distinctly aver the cause of the injury. .3, p. 1969, § 1141 complaint need not aver the kind of intoxicating li(juor sold 3, p. 1969, j) 1 141 nor that liquor was sold on his premises 3, p. 19U9, g 1141 nor that husband was intoxicated, or ir. the habit of be- coming so 3, p. 1969, § 1141 but must show that liquor was given by defendant. 3, p. 1969, § 1141 case as the proper form of action 3, p. 1970, § 1141 (c.) Coii.--pirnc>/. want of probable cause as well as malice need not be charged in declarration 3, p. 1798, § 1050 whatever done in pursuance of con.-fjiiracy may be averred the act of all, though done individually 3, p. 1798, § 1050 means by which the injury was intended to be effected must be stated in complaint 3, p. 1793, § 1050 complaint need only state fact of combination, object, anu accomplishment thereof to injury of plaint ff. . . .3, p. 1798, § 1050 facts and circumstances relied on to establi.sh complicity need not be set forth in detail 3, p. 1798, § 1050 special damage need not be alleged 3, p. 179s, § 1050 (d.) Difibarmeiit Proceedings. rule to show cause on presentation of charges supported by affidavit 1, p. 222, § 134 G73S PLEADING AND PRACTICE. Pleading and Practice— (Continued.) want of attiilavic does not render proceedings void. . ..1, p. 223, § 134 notice to party requisite to, except where ac't took place in presence of court 1, p. 223, § 134 if oflfense was committed in the jiresence or within per- sonal knowled^'e of the court, judge may proceed ou own motion 1, p. 222, § 134 state need not commence the prosecution; duty of bar or court to do so 1, p. 222, § 134 prosecution need not be in name of state li p. 224, § llH charges must be definite and certain 1, p. 224, § 1.S4 proceedings of a summary character 1, p. 22;{ n, § 134 pleadings not controlled by common-law rules 1, p. 223 ii, § 134 replication to the answer is unnecessary 1, p. 22.3 n, § 134 after filing of answer, upon counter-motions to make rule absolute and to discharge it, testimony admissible without further pleading 1, p. 233 n, § 1.34 evidence to sustain charge should be free from doubt. 1, p. 224, § 134 (e.) E.nciiturs and Adiiihiif/r ifiivii. petition for letters of administration must allege de.ath of decedent, and that he was at time of his death a resi- dent of county in which letters are api)lied for.. .2, p. 1634, § 967 in petition for an order of sale, accurate description of realty of decedent not required 2, p. 1GS4, § 9G7 same rules of pleading govern actions by foreign as by domestic administrators 2, p. 16S5, § 937 executor must declare in representative ca])acity on c;ui.se of action which accrued in lifetime of testator. . .2, p. 16Sj, § 967 sue in his own name and right, on contract made with him 2, p. IGSj, § 967 where action is brought by executor or administrator as such, there should be an averment of cliaracter in which he sues, and coin;daint or bill must show fact. . .2, p. 16S3, § 967 where suit is on note for purchase-money for property sold belonging to estate, executor need not aver his repre- sentative c ipacity 2, p. 1685, § 967 action by a.lniiuistr.itor de bonis non must allege deficiency of assets 2, p. 1636, § 967 counts may be joined of promises to himself and promises to testat )r when money rf'overed would be assets. 2, p. 1686, § 967 cause of action accruing after cannot be joined with one accruing before te-itator's death 2, p. 1686, § 967 executor may not aver illegal acts of his own in action of creditors against him 2, p. 1686, § 967 where he sued for decedent's debt, he must plead so as to protect all creditors 2, p. 168'>, § 967 not bound to plead limitation act in all caHcs 2, p. 1686, § 967 PLEADING AND PRACTICE. 673U Pleading and Practice- (Continued. ) defeadants desoril)e(l as administrators, cannot be con- sidered such surplusage as to warrant recovery a^'uinst one alone 2, p. IGSo, § 9G7 (f.) False Arrest and Iniprisonmrnf. form of action is trespass, not case .3, p. 1SJ6, § lOT'J complaint need not allege m:ilioe an 1 want of prdiril.le cause 3, ,,. 1S47, § 1070 particular instrumentality by which plaintitl' was .leprivel <>£ liberty, should not bo set out in comdiint 3, p. 1S47, § 107!» complaint need not aver that facts c -niplained of were d.me illegally or wrongfully, or witliout competent autiior- ity 3. p. 1S47, §1079 plea justifying arrest without warrant on suspicion of h\ .nj- should set forth grounds of suspicion 3, p. 1S47, § 1079 answer must identify arrest justitied with arrest i-oniplalned of 3, p. 1S47, § 1079 answer sulficiently identifies imprisonment justified if stated to be same imprisonment complained of by plaint- iff 3. p. lSi7. § 1079 action for false imprisuninent and one for malicious prosecu- tion may be joined 3. p. 1S47, § 1079 (g.) Injunction. See also I.v.irN'cTioN'.s. complaint or petition mint set forth with circumstance and detail grounds on which th > injunction is asked. .7. p. 57S4. § 3704 must be veritied absolutely, and not on iuforiaation and be- lief 7. p. 57S4, § 3704 if not vtrirjed, facts stated in comi)laint or petition must be embodied in afTulavits 7, p. 57S4, § 3704 verification by corporation must be by some otBcer convers- ant with facts 7, p. 57S4, § 3704 verification must be so worded tliat perjury will lie on it if untrue 7, p. 57^4. § 3704 when verification of bill not retpiireil 7. p. .">7S.'>. g .S7(l4 documents should be prujiorly exhilpited in bill 7. p. ri7S."». § 3704 prayer for general relief not sutficieut 7, ]•. .">7Sr). g 3704 motion for injunction may be made at any time before final decree 7. p. r)7S.'), § 3704 on motion for interlocutory injunction, plaintilF may read afTidavits 7. p. 57S.">, § 3704 and defen iant may read affidavits in opposition 7, p. 57S."i, § 37i'4 defendant not entitled to notice of application 7, p. ■'•78."), § 3704 writ must sufficiently describe parties and acts en- joined 7, p. r»SSG. § 3704 must not exceed the relief prayed for in bill 7, p. 57 S6, § 3704 preliminary injunction may be granteil at any time, whether in term or vacation, and independently of statute. 7, p. 'uSG, § 4370 C710 l'LE.\X»L\G AND PRACTICE. Pleading and Practice— (Continued.) evun ou Siiiidiiy, wliere neueasiiry for the prevention of irre- pariiUle injury 7, p. 57S6, § 3704 whore niuUi>:i has bet'ii dcnieil, it ni;iy be n-peattd any niim- her of times up t<> tin il liearing 7, p. 57SG, § 3704 bill reported by ni:istt;r as soandabiua will not 8Ui)p(ii t motion fur injimction until amended 7, p. 57S(!, § 3704 where important question to be di:?posed of at bearing', in- juncti.)n will, on motion, be continued uiitd then. 7, p. ">7Sr), § 3704 a bill may be ameudfd even after motion to dissolve. . .7, p. oTS'i, § 3704 power of amendment exercised in what cases 7. p. 57SI), g 3704 at what time may motion to dissolve be made 7, p. 5787, § 3704 nee I not be mule to same juilge who allowed writ 7, p. .'')7S7, § 3704 should not be m.ade witiiout notice 7, p. o7S7, § 3704 answer or alBdavits tiled after motion to dissidve cannut be read 7, p. 5787, § 3704 motion to dissolve must bo based ou answer; vx parte aliiila- vits cannot be substituted 7. p. 57.SS, § 3704 how far may new matter l)e consideiod 7, p. r)7SS, § 3704 de.ith dues not dissolve injunction 7, p. 578S, § 3704 motion .-should be made call iig upon lersona! representative to show cause why the suit should not be revivt-il or injunction dissolved 7, p. 57SS j 3704 similar practice obtains in case of death of difuiidant . .7, p. 5788, § 3704 motion to dissolve will not be continued 7, p. 5788, § 3704 injunction will bo dissolved if sworu answer denies pusi- tivily equities of bill 7, p. 5788, §3704 objection on the ground of multifaiiousiiess ijreniature on motion to dissolve 7, p. 5788, § 3704 misjoinder of parties may be taken advantage of on suuh motion 7, p. 5788, § 3704 a defective verification cannot be animded on motion to dis- solve 7, p. 5788, § 3704 a strangiT to the suit may applj' to have injunction modilied so as not to interfere with his rights 7, i>. 5789, § 3704 (h. ) Malpractice. action wiil lie by patient injured, even though he did not employ physician himself 7, p. 01 07, § 30] I will lie by husband against .surgeon for unskillful operation upon wife, though she dies in conse([Ucnce 7, p. 01 07, § 30 : i may recover also for negl gent treatment of the wife. . .7, p. 0107, § ^i^Al if the suit brought for personal injuries and sulFeriug of w ife husband must join 7, p. 0107, §3011 if suit is for loss ^f services, wife not projer party. . . .7, p. Gl(i7, § 3011 (i.) Ne 3, j). 215S, § 1216 but facts must be stated showing legal liability 3, p. 21 "iS, § 1216 ■pecial damage must be stated with great particularity. 3. p. 2i5S, § 1216 is not necessary in action for personal injuries, th.it injuries should be particularly described in declaration. .3, p. 215S, § 121G special averment of prospective damages unneces ary. .3, p. 2lbd, § 1216 •where both actual and exemi>lary damages sou-ht. allega- tions should be in two distinct counts on dillen-nt causes of action 3, p. 2150, § 1216 general statutes must be pleaded ia general terms, while special acts should be stated by title and date. . 3, p. 2159, § 1216 where statute prescribes signals, plaintilF need not allege that signals were not given 3, p 2159, § 1216 negligence on part of defendant must be charged in peti- tion 3. p. 2159, § 1216 not necessary that it should be averred in terms, if f.ict-^ are stated as will raise presumption of negligence 3, p. 2159, § 1216 not necessary to set out the facts constituting negligence complained of; a legation specifying act constituting the injury, and alleging that it was negligently :uid carelessly done, sulhcient 3, p. 2159, § 1216 act the negligent doing' of which caused the injury must be stated 3^ p. o|5;,_ ^ jojn; bare allegation that the party was negligent too general. 3, p. 21.V.I, g I2IG full particulars of accident need not lie set out 3, p. 216J, § 1216 double damages need not be claime 1 in petition 3, p. 21(j0, § 121U facts not conclusive of law need not be stated 3, p. 21(i0, § 1216 matters pertaining to remedy must be pleaded 3, p. 2160, § 1216 complaint need nut negative contributory negligi nee. . .3, p. 2160, § 1216 defense of contributory negligence or accident must be pleaded specially 3, p. 2I6I, § 1216 matter of excuse not admissible under plea of " not gu'l-y " 3, p. 2161, § 1216 (j.) Ncgothible Instruments. dtj'ado holder of bill or note has right to sue thereon, un- less he holds it adversely to true owner 4, p. 27S3, § 1603 on bill payable to bearer, action m ly be brought in name of any person who has either actual or constructive pos- session thereof 4, p. 2783, § 1603 one to whom note has been indorsed as collateral may main- tain an action thereon against maker 4, p 27S3, § lfji>3 6742 PLEADING AND PRACTICE. Pleading and Practice— (Continucil.) bill payiiljle to partiouhir perso'x or his order must be sued on ill niuno of such person 4, p. 27S3, § 1G03 indorsee for colloetion may sue in his own name 4, p. 278.'?, § 1G03 any parties may sue on bill indorsed in Itlank to firm. .4, p. 2763, § 1603 (k.) Ptrauns Under Dis.ibilitiett: In/anU; Lunatifn; Married Women. pleading in action by or against infants 2, p. 1530, § 840 parent may sue for wearing apparel of infant lost by rail- roa(<, § 1784 husband may sue for money of wife 4, p. 30tj(i, § 1784 two partners, only one of whom is guest, can maintain action as such for loss of goods, property of firm. 4, p. 30C6, § 1784 children injured b/ sales to thuir father cannot join in action under civil damage laws, but must bring separate actions 3, p. 10.'54, § 1132 infancy may be specially pleaded in bar 2, p. 1530, § 840 in suit by infant, complaint must allege due appointment of guardian ad litem 2, p. 1527, § 840 infant defendant to a suit in equity will be protected by court without tiling of cross-bill 2, p. 1528, § 840 infants must be made parties to bills in equity atFecting title to real estate; making guardiir.is [larties not sulli- cient 2, p. 1529, § 840 pleading and parties in proceeding to appoint guardian or committee 2, p. 1547, § 848 practice on petition by guardian to sell ward's realty.. .2. p. 15GD, § 874 suit may be brought on bond of guardian by either ward or creditors 2, p. 1591), § 884 ward may maintain bill against guardian alone to compel settlement of guardianship 2, p. 1599, § 884 sureties may be sued without first suing the guardian. .2, p. 1599, § 884 guardian and sureties may be joined in the same suit. . .2, p. IGOO, § 884 action to recover money due infant must be brought in the name of the infant by guardian 2, p. 1606, § 888 guardian of infant appointed by probate court not trustee of express trust 2, p. 1606 n, § 888 Buit in behalf of lunatic must be brought in his name, and not in that of guardian 2, p. 1546, § 848 complaint in action by lunatic should show right of action in him, and not in guardians 2, p. 1546, § 848 PLEADING AND PRACTICE. C7t3 Pleading and Practice— (Continued.) ouder Btatute proviiling for pmceedinga against nonresi- deut defendants by jiul'liuation, non-resident in- fants may be so proceeded against 2, )'. Ifi23, § 8 to answer of defendant of unsound mind should be by commit- tee; if he has no committee, defense may be made by guardian ad ittfrn 2, p. 1 ')t7, § 84S for earnings of wife husband must sue alone 2, p. 133.">, § 1',\\ iut injuries to person or character of wife, husband and wife must join in action 2, ji. 1331, § 7^0 choses in action accruing to wife during coverture, husbaml may sue alone 2, i>. 1 33!). § 73.'{ for her ante-nupiial choses, he must join his wife in suit.2, ]). 1339, § 733 only parties (husband and wife) can prosecute divorce suit 2, p. 142S, § 780 in action for death of wife, husband and the personal repre- sentative of wife must join 3, p. 1733, § 1025 action for death o* deceased cannot be joined wit'i an action by plaintitl to recover for personal injuries received by himself, caused by same negligent act 3, p. 1738, § 1025 (1.) Action ogaimt Railroad J or KilUnr/ Slock. facts upon which statutory liability arises should be set out 3, p. 2540, § 1416 express averment that injury was caused by failure to main- tain fences not necessary 3, p. 2540, § 1416 not essential to state that plaintiff was not guilty of contiihu- tory negligence 3, p. 2540, § 1416 allegations of negligence unnecessary and irrelevant where cause of action stated is complete under statute... 3, p. 2540, § 1416 where declaration shows cause of action at common law, and evidence shows facts entitling plaintifl' to recover under statute, he cannot recover 3, p. 2540, § 1416 declaration must be complete, either under the statute or at common law 3, p. 2540, § 1416 killing or injury of animals at dilTerent times separate and distinct cause of action, which should be stated in separate paragraphs of complaint 3, p. 2'i40, § 1416 cannot be recovery in same action for kill ng of horse and in- jury to harness 3, p. 2541, g 1416 duty to fence must be averred by showing facts upon which duty arose 3, p. 2541, § 1416 petition must state accurately facts upon which recovery is asked 3, p. 2541, § 1416 allegation that defendant failed to construct cattle-guards will not support recovery for failing to fence 3, p. 2541, § 1416 where provisions of the statute are subject to exceptions, exceptions must be nega'ived 3, p. 2541, § 1416 6744 PLEADING AND PRACTICE. Pleading and Practice— (Continurd.) in action liefdre justices of thojioaco, techBical rules of plPdil- ing not enforced 3, i». 2.' tl , § 1416 (m.) Iffplcriii. rciiuisilea of suit nnd aflTidnvit 7. p. -'■)C.^3 h, § 3049 petition must sliow (lereiidant ia possession of property at time action commenceil. . .• 7. ]>. nO.'lS, § 3019 ♦-hat prop'Tty is wronyfuliy detained 7, ]). 5038, § 3049 that goods taken are plaintill's and were taken out of ills possession 7, p. uG3S, § 3G49 petition must contain sulBcient deicription of property to identify it 7, p. 5039, § 3019 in replevin for several articles, not necessary to state sepa- rate value of each article 7, p. 515 tO, § 3049 writ need not allege value of goods replevied 7, p. 5(140, § 3 49 allegation of venue necessary to juriNdictii'n 7, J). 5040, § 3049 special damages for detention may be proved without being allege.l 7, p. 5010, § 3049 defendant cannot, in the same action, claim the return of other property not mentioned tlurein 7, p. 501O, § 3049 replevin to recover property owned by two jointly, must be brought in tiieir joint name. 7, p. 5G40, § 3049 plea of lion njiit or iioii ihtiiift ailmits property in phiiiitill', but denies taking and detention 7, p. 50 tO, S 3050 defendant may plead several pleas 7, p. 5(5 1 1 , § 3050 pleas of noil re/nt and propnrty not inconsistent 7, p. 5(141, S 3050 plea of property in defendant or stranger good 7, p. 5041, § 3050 general issues rais -s question of jiroperty of plaintiff. . . .7, p. 5041, § 3()50 not guilty is general issue in Missouri 7, p. 5041, S 3050 an olHcer may plead general issue, and give 8j)ecial matter in evidavce, without notice 7, p. 5041, § 3050 under not guilty, defendant can give evidence of special matter showing plaintiff not entitled to posses^ion. 7, j). 5041, §3050 tinder general issue defendant may show that he holds goods as sheriff, under attachment against third ]i( r- son 7, p. 5041, §3050 answer of property in stranger or defendant, a good jdea at bar 7. p. 5042, § 3050 plaintiff in replevin holds affirmative of issue 7, p. 5042, § 3650 defendant need not deny amount of value or allegation of damages 7, p. 5642, § 3050 replevin to recover property owned by two jointly, must be brought in their joint name 7, p. 5640, § 3049 nonsuit should not be granted in replevin 7, p. 5044, § 3651 (n.) Seduction. petition in parent's action must aver minority of daughter 3, p. 1937, § 1123 3C50 PLEADIXO AND niACTICE. G7'15 Pleading and Practice— (('ontiimed.) Couiiliiiiit inuy allej,'e time of acts of connection with a Cf'iitiiiii'inilo; evidence may be (iirt'rt.(l for any time covtrol l>y coinjilaint 3, p. lOHS, § 1 123 special (lama;,"! neeil not li(! all(>;eil 3, p. 1<,».{S, ;i lli'.l BTeinicht of rclition of master to seiviiit <.'ssential 3, p. 1!».'W, § 1123 uu»ler count settini; i:p fjcnurally loss of sitviii', may re- cover for nitntal siitlering canscil liy wroii.,' 3, p. 11K5S, § ] |'J3 parent must a I eye tliat ileliauchiiiy was result of seiliic- tion 3, p. i«)3,s, § 1123 averment of prtvious eli i-iiity, or of ;..>ocl repute for clias- tity, not essential to coni]>1iiint hi iction hy unmar- rieil woman for luT own Heductioi 3. p. 1038, § 1123 nor complaint neeil not descrihe n>.-!Ui8 usi d to efTol ac- (luclion, Di't that woman relied on seducer's prom- i=*f9 3, p. 1933, § 1123 (o.) Slni„hr, § 1307 when p.irtiieis m >y sue for libel in partnership 3. p. '237;!, § i:)07 wiien ciirporatioa may sue for libel 3, p. 237.">, S ••>07 when niarrieil wcmi m may sue for bbel 3 ji. 2376, § 13U7 complaint must set out aetionable words spoken, not sim- ply a narrative of what occurred 3, p. 2370, ^ I3(M; enough to set out substance of wonls spoken 3, p. 2370, § 130t» in libel, entire article alleged to be libelous need not be set «'ut 3, p. 2370, ;: 130(; slandt-rous words in foreign tongue must be set out in ori^^inal with translation 3, p. 2371, § 130(5 averment of publication, how made 3, p. 2371, § 13ii(» decree of certainty with which libel should be set forth de- p3n Is on subject-matter 3. p. 2371, § 130(> different action.able wonla spoken at dilFerent times, and should be embodied in separate counts 3, p. 2371, § 130.> if complaint stateii that publication was libel, unnecessary to aver that it is false and malicious, or without i)rob- able cause 3, p. 2371, § 13;i6 sufficient to al'ege th^t the words are f.iUe and malicious, without laying a scienter 3, p. 2371, § 1306 not necessary to set forth imputation of crime with particu- larity ne-essary in indictment 3. p. 2371, § 1306 in declaration for slander in charging plaintiff with perjury in another state, it must be averred that I y the laws of such other state perjury is an offense 3, p. 2371, § 1306 in an action fur words imputing an off'-nse criminal by statute only, statute need not be refeired to 3, p. 2371, § 1306 time of speaking the words not material 3, p. 2372, § 130o 6746 PLEADINO AND mACTICE. Pleadiner and Practice- (Continueil.) couniliiiiit iiiimt ullt'go that words were uttered or publishod by (lefeiuluut and in preseiiuis of third ixtmoii. . ..3, p. 2^72, wnrdaactiiiiiiiltluund iiotacti<)iiiihl('/jrr>'p iiitiy h>j j<>iiivi|,3, |). -.'l7-i Bpuuiiil diiiimiju iiiUHt hu avurrid in deehiiiitioii 3, p. '2'M'2, the iiuiL'iido and rotloijui urn in action for blander and lihel, rf.iui.siti's of 3, l>. 2208, § uurtninty of ciiargo in declnration riujuiHitu 3, p. 2'Ji:i, !^ curtainty as to person defuniod 3, p. 22ir), g wliu may buu for lihel or shuidor 3, p. 2215, ^ pica of juHtilication ruallirms charges und avers their truth 3, p. 2207 », § n ust specify the crimi' with certainty 3, p. 2208 //, § ou pica of justilicatiou in libel defendant entitled to open and close 3, p. 2298 t>, § justification must bo as broad as charge 3, p. 2208, § justilicatiou must be specially plcailcd; not admissible under general issue 3, p. 2298, defendant may justify as to our part, and dt niur or jiliad privilege to rest, or deny that he spoko or published rest of words 3, p. 2.104, truth of charge must be pleaded in bar 3, p. '2',iT>i, mere statement that words arc true insullicdent under code system as a justilication 3, p. 2373, general issue is abolished under codesystem; defendant can- not, under denial, show that alleged slanderous worda were not maliciously spoken or did nut amount t(> slan- der 3, p. 2373, plea of justification not admissible to prove si)eaking of the words, tin ugh plea has 1 een adjudged bad on demur- rer, and the defendant has also pleaded general is- sue 3, p. 2374, plea of justification need not allege truth of exact words charged 3, p. 2374, two defenses that defendant did not use language, and tliat such language is true, inconsistent 3, p. 2374, defendant in slander may both deny and justify words charged 3, p. 2374, cannot be compelled to elect between the two de- fenses 3, p. 2374, otherwise where the statute requires the ^leadings to be verified 3, p. 2374, conduct of trial on plea of justification in libel defendant en- titled to open and close 3, p. 2298 n, (p.) Statutes, Actions Under. provisions of public statute need not be pleaded, unless stat- ute gives a cumulative remedy 7, p. 5941, § 3782 1.100 i;{oo i:m 1212 1243 1244 1244 12S0 1280 1280 1280 § 1280 §1280 § i;J06 §1306 §1306 § 1306 §1306 §1306 § 130(> §1306 §1306 §1280 PLEADING AND PIIACTICE. C747 Pleading^ and Practice -((lontiniunl.) dfularution on |iuual Htiit>itu may 1)0 frniiutl in wnrU of Btatuto 7. \>. '> \.i 37S2 should ulli';^u tliiit factd rlinr;;o(1 aro nj,'iiiiiHt form of tin; st.if.- ute upon wliicli tho iictiim Ih Imscd 7. p •>!)»!, 5 ri7S2 complaint ncf.iil steps |.r>-!ini- iniiry to its jmsHiigo lio (Ictiiilid 7, p. -IWl, i 37S2 allegation of pruciau time not esHuntial in actioim on |>«:ii.il Btatutes 7. p. J'UI, i 3782 obvious clerical error, wrong seotion of Btatute reftTr».t be pltadwl or will bo deemed waived 6, p. 3SS», g 2321 ;.) Statiitori/ Aflioii/or (Mimlinj Death, petition should name person for whose benetit action wa.<» bnuiglit, and state relationship 3, [>. 1737, 9 ^OHo where statute gives action to the parent of minor unmarried, the petition defective in not stating that he waL'« that intestate left next of kin 3, p 1737, I 1025 in stating cause of action, the statute n<:ed not be referred to 3, p. 1737, § 1025 particular acts of negligence causing death need not be .let out 3, p. 1737, I 1025 not necessary to allege that pecuniary damage has been sus- tained 3. p. 1737, § 1025 under statute giving action for killing of a person by u-e of deadly weapons, "not in self-defense," must lie al- leged that the killing was not in self-ili-fense. . . .3, p. 173S, § 1025 not necessary to allege that defendant's negligi nee was siich that if defvth had not ensued injured person would himself have been entitled to recover for injury. .3, p. 173?, § 1025 in action for death of wife, husband and the personal repre- sentative of wife must join 3, p. 1733, § 1025 action for death of deceased cannot be joined with an action by plaintiff to recover for personal injuries rcix-ived by himself, caused by same negligent act 3, p. I73S, § 1025 (r. ) Telegraphs. telegraph company may be sued by party to whom message addressed, for damage resulting from its neglect.4, p. 33 j3, | 1972 6743 PLEADING AND PRACTICE — PLEDGES. Pleading: and Practice— (Continued.) uiidi8closti(l princip:il of person by whom tel'»graph message is seat or to vvhooi it is aiidrcadei may sue 4, p. 33G1, § 1972 no con ractual relation between tele:4ra|)h company and reci[jieiit: latter's remedy for damages caused by for- mer's uegligence in trausmission is in tort 4, p. 3384, § 1972 (8.) Umry. defense of usury must be specially pleaded; cannot be made on trial 5, p. 4004, § 24G7 not admisaibh) under non a^Hiimpvt 5, p. 4U94, § 2467 interest on usurious contract mvy be recovered, unless party sets up usury in answer, and tenders princi[jal sum 5, p. 4094, § 24G7 usury laws of another state mu^t be proved; court will not take judicial notice of them 5, p. 4094, § 2467 Pledges. what impawn 4, p. 2930, § 1751 what is a pledge 4, p. 29S9, § 1751 what is collateral necurity 4, p. 299J, § 1751 distinction between a mortgage, a pledge aud a conditional SiUo 6, p. 4990, § 3076 title does not pass 4, p. 2992, § 1752 delivery of property essential 4, p. 2993, § 1753 eflFejtofsuliSrfquent delivery as to intervening creditors. 4, p. 29)3, § 1753 when transfer must be in writing 4, p. 2994, § 1753 actual manual possession not essential 4, p. 2995, § 1751 goods may be pledged by delivery of warehouse receipt with- out indorsement 4, p. 2995, § 1754 delivery of savings-bank book sufficient delivery of de- posiS 4, p. 2995, § 1754 transfer of bill of lading in pledge pisses possession of pr >p- erty described 4, p. 2995, § 1754 delivery of key of warehouse transfers the goods there . .4, p. 2995, § 1754 transfer of title by operation of law 4, p. 2996, § 1754 on pledge of bank stock, transfer must be made on bo ks 4, p. 2906, § 1754 who may make pledge 4, p. 2937, § 1755 any kind of personal property may be pledged 4. p. 2998, § 1756 rile as to property not in existence 4, p. 2099, § 1757 what debts and engagements may pledge cover 4, p. 3001, § 1758 pledge presumed to be security for the whole debt between parties; paynent of part leaves it pledge for the residue 4, p. 3003, § 1759 where pledge is made for a specific purpose, it can be applied to and held for that purpose alone 4, p. 3003, § 1759 pledge made for one debt cannot be held for former debt, unless such was intention of parties 4, p. 3003, § 1759 PLEDGES. 67iy Pledges— (Continued .) wiiere ditrrireiit L.ans are made at different times on different plfd,'es, presumption is that each transaction was in- teu.lcd to he s.eparate 4, p. 3003, § ITj^ implied port-er of ajent to [jledge 1, p. 109, § 70 implied pnvers of corporation to pleJ^'e 1, p. 651, § 384 port-t. .ji broker to pledge stock 1, p. 3<)3^ § •2^2'^ factor no authority to , 1, p. 421 § 2"J*J in failure to transfer stoc-k at reipiedt of a pledgee, bank ia not liible f >r subse'iueut depreciation of stock. . . 1, p. 775, § 4GG pledge of a thing carries its natu-al increase 4, p. 3005, § I75J pledge of animals carries yo mg born during the lerm. .4, p. 3005, § 1759 pledge of stock or securities bearing interest carries divi- dends or payments of interest falling due during t**"™ 4. p. 3005, § 175a pledge will cover interest on de'.t, and inci.lental charges and expenses necessary and proper for preservation of P'«''S« 4, p. 3005, § 1759 pledgee may a le, either for restitution of tiling, or for dam- ages, owner or stranger who may take it from his ix'^seaalm 4_ p. 3003, § 1700 pledgeor of chatte' cannot miintain action for its recovery from pledgee before payment of debt 4, p. 3008, § 1700 ■when pledgee may and may not use thing pledged 4, p. 3 ) i), § 1701 right of pledgee of stock to vote ou it 4, p. 300!i n, § 1701 right of ple.lgee to sell pledge 4, pp. 3010-3014, § 17(;2 demand and notice necessary 4, p. 3014^ ^ ] 7(53 sale must be public 4, p. 301 7^ § 17^1 pledgee may not purchase 4, p. 30I8, § 1705 pledge of several securities 4, p. 3019, § I7ii0 pledgeor may ratify irregular sale 4, p. 3019, § 1707 pledges not obbg, d to seU 4, p. 3320! § 170S pledgee may sue pledgeor p*^- onally 4, p. 302.{, § 1709 right of pledgee to transfer pledge 4, p. 3023, § 1 770 rights of purchasers 4. p. 31,03' j^ 1770 plolgee liable for neglect in care of pledge 4, p. 3023, § 1771 pledgee not liable for theft of pledge 4^ p. 302S, § 1771 creditor who holds policy of lite insurance on debtor's life guilty of negligence in not keeping up payment of premiums 4_ p_ 3023, § 1771 if by fault of creditor holding collatera's guaranteed by debtor, collaterals become wortliless, creditor must ^*'' ^°*» 4, p. 3028, § 1771 pledgee of chose m action bound to use ordinary diligence to secure its payment when due 4 p. 3028, § 1 771 pledgee is liable for negligence of his agents or servants. 4, p. 3029, § 1771 contract may enhrge or restrict liability of pledgee.... 4, p. 3029 § 1772 Lawso.x U. ft H 4; a. ' 6750 PLEDGES — POST-OFFICE. Pledges— (Continued. ) duty of pledgee of negotiable paper to collect it 4, p. 3031, § 1773 riglit of pledgeor to redeem 4, p. 3033, § 1774 duty of pledgee to return pledge 4, p. 30^5, § 1775 pledgeor warrants that he is the owner of thing pledged and that there are no defects in it 4, p. 3039, § 1776 pledgeor must reimburse pledgee for expenses incurred. 4, p. 303'J, § 1776 pledgee must hold balance received on sale for pledgeor and pay it over to him 4, p. 3039, § 1776 pledgee must render account to pledgeor of income and profits 4, p. 3040, § 1776 extinguishment of pledge 4, p. 30i) , § 1777 by payment of debt or discharge of eugag(.iii<.iit 4. p. 3041, g 1777 by taking higher security 4, p. 3l)tl, ^ 1777 by giving up possession 4, p. 3i41, § 1777 by release or waiver of security 4, p. 3043, ;; 1777 by prescription or limitation 4. p. 3043, § 1777 by loss of pledge 4, p. 3043, § 1777 Policemen. may sue city for injury through defects in highway 1, p. 513, § 294 Ponds. See Water-s and Water-course.?. Poor. attorney not liable to serve as overseer of 1, p. 22S, § 140 attorney must defend poor persons without charge 1, p. 231, § 142 Porter. railroad company, implied powers of 1> P- 117, § 76 Post office. post-office is agent of sender of letter 5, p. 3754, § 2233 delivery of letter to post-office, no delivery to person to whom addressed until actually received by him. .5, p. 3754, § 2233 aliter where person makes offer to another, and authorizes him, either expressly or impliedly, to send answer by post 5. p. 3754, § 2233 person making offer by letter impliedly authorizes accept- ance by post 5, p. 3755, § 2233 letter deposited in street letter-box is deposited in post- office 5, p. 375.i, § 2233 but letter must be duly stamped 5, p. 3755, § 2233 ofifer remains open a reasonable time; acceptance must be mailed within reasonable time 5, p. 3755, § 2234 but may be made conditional on answer by return mail 5, p. 375G, § 2334 revocation of offer made by pos^, how made 5, p. 3757, § 2236 where holder divides bank note for transmission by mail and loses one-half, he may recover amount of whole note 2, p. 965, § 536 POST-OFFICE — POWERS. 6751 Post-offlce— (Continued.) depositcr ordering money sent by mail takes risk of loss on way 2, p. 9i8,§ 528 payment by post, see Payment, 1. notice of dishonor by post 4, p. 2(;S1-2GS8, § 1540 presentment for payment of bill may be made throii-h post 4, p. 2C51, §1510 liability of agent for principal's money forwarded by mail andlost 1, p. 131, § 88 making oertiKcate and mailing it to a stockholder is issuing »t 1, p. 7':3, § 43.-) mailing notice of assesment to subscriber sufficient 1, p. 743, § 448 purson to whom a letter sent by mail is addressed may main- tain action of trover against postmaster refusinij; to •deliver it 7, p. 5G68, § 3G64 communication privilef:tcd as between sender and re- ceiver may lose privilege if sent unnecessarily by postal crd or telegram 3, p. 2316, § 1290 sending a libel by telegraph or postal card is a publica- tion 3, p. 2190, § 1236 mail carrier is not a common carrier 4, p. S083, § 1792 Powers. See Executors and Admixistrators. powers defined; are either general or particular 6, p. 4479, § 2748 powers relating to land and collateral to it 6, p. 4479, § 2748 powers appurtenant and powers in gross 6. p. 4479, § 2748 where an express estate for life is given by will, and power of disposition is afterward conferred 6, p. 44S0, § 2748 where person takes by execution of power, he takes under authority of power 6, p. 4480, § 2743 power of disposal by will does not enlarge interest in donee of power beyond what is expressly limited 6, p. 4480, § 2748 property appointed under general power forms assets in equity for payment of the appointer's debts 6, p. 44S0, § 2748 powers may be created by deed, will, grant or reserva- tion 6, p. 4480, § 2749 power to sell, lease, etc., given to stranger in deed to grant- or's children void 6, p. 4480, § 2749 in construing power, intention of parties governs 6, p. 4480, § 2749 every person of capacity to dispose of estate may execute power over land 6, p. 44S1, § 2750 infant may execute power collatural 6, p. 4481, § 2750 married woman may execute power without husband's con- sent 6, p. 4481, § 2750 joint donees must all join in execution of power 6, p. 4481, § 2750 where mode not prescribed, power may be executed by deed, will, or writing 6, p. 4481, § 2751 C752 POWERS — PRESCRIPTION. Powers— (Continued.) power coupled with trust cannot be deVgated C, p. 44S1 , where mode prescribed, that mode must be fullowed. . .6, p. 4481, appointment when sufficient exercise of power 6, p. 448*2, ao w intent to execute power shown 0, p. 4483, «rhat is and is not a good execution of power 6, p. 44 jO, »wustruction of words in powers, "among," "children," " sell and convey," " sell " -. 6, p. 44S5, persons having power of appointment must execute it bona Jide for end designed 6, p. 44*>8, equity will set aside fraudulent appointment 6, p. 44SS, non-execution of power not aided in equity 6, p. 448'.), alitvr as to defective execution of power 6, p. 4489, at whose suit will and will not equity grant relief 6, p. 4490, common-law powers abolished and statutory powers sub- stituted in some states; construction of 6, p. 4401, in what ways may and are powers extinguished 6, p. 449'2, power coupled with interest not recoverable 1, Jip. 59-00, where jtower of appointment is given to testator's wife and none is made, his children will take 6, p. 520G, powers in the nature of trusts failing, equity will execute them 4, p. 3409, Preambles. preambles in statutes, construction and effect of 7, p. 5913, Pre-emption. title by pre-emption, how acquired 6, p. 4398, rights, powers and interests of pre-emption 6, p. 439S, Preferences. See CoiiPORATioNa assignments for benefit of creditors, see MoRTnAOES, 12. implied powers of corporation to prefer one creditor to an- other, even though a stockholder 1, p. 655, Preferred Stock. power of corporation to issue preferred stock 1, pp. 661-666, Prescription. prescription of lost conveyance from lapse of time 6, p. 4101, time necessary to give title by 6, p. 4402, public corporations may exist by prescription 1. p. dO, aliter as to private ones 1, p. 610, easements by prescription, how acquired 6, p. 4527, right to maintain pulilic nuisance cannot be granted by prescription 8, p. 4St4, aliter as t't private nuisance 6, p. 4815, right to use water to injury of adjoining proprietors, by grant or prescription 6, p. 4772, right to pollute water may be acquired by prescription. 6, p. 4816, no prescriptive right to footway uver railroad lauds. . . .2, p. 998, 2750 •-'751 2751 1 §27o §275i §2752 2753 2753 2:54 2754 2754 275.5 2756 44 3233 i2004 i376S 2fi97 2697 387 393 2700 2700 342 .342 2776 2975 2J75 2924 21)54 553 roo PRESCRIPTION — PRINCIPAL ANT) AGENT. Prescription— (Continued. ) in aoine statea piivate persons may obtain exclusive rights of fishery by grant from state, or by prescrip- tion 6, p. 4792, extinguishment of pledge by 4, p. 3U43, Presentment. of check, see Banks, 6. of bill or note, see Negotiable Instruments. Presumptions. See Evidence, 7. President. See Basks; Corporations. absolute privilege for slanderous words extends to the pr^si- dent of the United States 3, p. 2307, Priest. See Religious Societies. Principal and Agent. See also ArroRNEY and Client; Acctioneeks; Brokers; Corporations. 1. Definitions. 2. Who May be Principals. 3. Who May Not be Principalsi. 4. Who May be Agents. 6. Who May Not be Agents. 6. Appointment of Agents. 7. Joint Principals and Joint Aqents. 8. Delegation of Authority. 9. Ratification. 10. Dissolution of Agency. 11. Authority of Agknt. 12. Duties and Liabilities of Agent to Princtpau 13. Duties and LiABrnTiEs of Princip vl to Agknt. 14. Duties and Liabilities of Agents and Principals to Third Persons. 15. Duties and Liabilities of Third Persons to Principals AND Agents. 1. Dejxnitions, agdut and agency defined 1, p. i^ reciuisites of valiil agency 1. p. 1, general agent defined 1, p. 1, special agent defined 1, p. i^ distinction between general and special agency. 1, p. 2, § 1; p. 73, the different classes of agents 1, p. 2, 2. 117(0 Miiij be Priiiclp'ilii. all persons sui juris may be 1, p. 4, infant cannot 2, p. 1407, may employ another to do legal act 1. p. 4 m, 6753 §2939 §1777 §1232 § 1 § 1 § 1 § 1 § 56 § 2 § 3 § 824 § 3 6754 PRINCIPAL A2fD AGENT. Principal and Agent— (Continued.) maker of note may authorize another to sign his name. . .1, p. implied power of bank to appoint agents 2, p. implied power of agents to employ agents 1, p. 3. Who May Not he Principals. idiots, lunatics, and persons non compos mentis may not. 1, p. nor infants, except in their own interest 1, p. nor married women at common law 1, p. nor alien enemies 1 , p- nor convicts 1, p> 4. Who May be Agents. all persons as a general rule 1, p. infants 1, p. married women 1, p. husband for wife 1 , p. father for son 1, P- son for father 1, P- corporation for individual 1, p. alien enemy 1. p. 5. Who Ma;/ not be Agtnts. persons liaving adverse interests 1, p. one caunot be agent for botii parties where interests are ad- verse 1, p. 6, § 7; 1, p. double agency with consent of parties .... 1, p. 7, § 7; 1, p. contract made by agent of both parties not void 1, p. agent cannot act for himself and his principal 1, p. agent cannot be appointed to do an unlawful act 1, p. or an act personal in its nature 1, p. 6. Appointment of Agents. authority essential to agency 1, p. evidence of appointment 1, p. an interpreter is not an agent of the parties 1, p. letter to agent not evidence unless agency first estab- lished 1, p. buyer of exchange for principal not agent of seller 1, p. authority or aj)p;)intmeiit may be conferred by parol. . .1, p. ancient rule that deed essential abolished 1, p. verbal authority sutheient to authorize agent to contract for sale of land 1 , p. to confess judgment 1, p. to enter on land 1, p. to contract for sale of mining claim 1, p. to veiuler money to redeem li*nd sold for taxes 1, p. to exejute lease for a year, not requiring seal 1, p. to authorize third person to deliver possession to mort- gagee 1, p. as where principal recognizes or acquiesces in agent's acts. 1, p. 4n, § 3 85! t, § 511 101, § 68 4,§ 4 4. § 4 5, § 4 5, § 5 5,§ 5 5.§ 6 5, § 6 5,§ 6 5, § 6 6, § 6 6, § 6 6, § 6 6, § 6 6, § 141, § 94 142, § 94 7,§ 7 7,§ 7 8,§ 8 8,§ 8 9,§ 9 9, § 9 9,§ 9 9, § 9 10, § 9 11, § 10 11, § 10 11, § 10 11,§ 10 11, b^ 10 11, § 10 11. § 10 11, § 10 H, § 10 11. § 11 PRINCIPAL AND AGENT. 6755 4 4 4 5 5 6 6 6 6 6 6 6 6 94 94 7 7 8 8 9 9 9 10 10 10 10 10 10 Principal and Agent — (Continued.) appoiutmeiit may be implied from relations and actions of parties 1| P- where agent is appointed \>y writing, writing must be pro- duced or accounted for li P- agent's authority to execute sealed instrument cannot be shown by parol acknowldgemeut of principal that sealed authority had been j,'iven 1, p. agent's authority cannot be proved by ageut's declara- tion 1. P- nor can special agent enlarge his authority by his state- ments 1> P- agent's declaration before he was appointed or after author- ity is withdrawn, is not within the scope of the agency and does not bind the princi[>al 1, p. authority to execute instrument under seal must be by deed 1. P- but deed by agent will be considered in equity a contract to convey 1> P- where the act would be eCfectual without a sealed instru- ment, parol authority is sufficient 1, p. unless declared on as a contract under seal 1, p. sealed authority not essential when principal is prt-sent. 1, p. authority to execute unsealed writing need not be in writ- ing 1' P- verbal authority to sign or indorse notes, sufficient. ..1, p. authority to sell lands not good by parol 1, p. but parol authority to covtrart for tl.eir sale, sufficient.!, p. authority to make contract for sale of lauds under statute of frauds good by parol 1, p. agents of corporations may be appointed without seal. . 1, p. 7. Joint Principals and Joint Aijents. joiut principals are not agents for each other 1, p. except when they are partners 1, p- or part owners 1> P- rights of joint principals 1. P- liabilities of joiut principals 1, P- authority given to two agents must be exercised by both 1, pp. 2 one cannot delegate his power to the other 1, p. where jartnership is an ageut, one partner cauuot act after death of the other 1> P- by usage one of two joint agents may act 1, p. and where power is coupled with interest 1, p. or when joint power is given by separate instnuneiits. .1, p. or where agency is for public purpose 1, p. liabihty of joint agents 1. P- 11, § 11 13, § 11 13, § 11 15, § 12 15, § 12 15, § 12 15, § 13 16, § 13 10, § 13 IG «, § 13 17, § 14 IS, § 15 is,§ 15 I'J, § 15 l'J,§ 15 10, § \Cy li), § 17 20, § IS 20, § 19 21, § 19 21, § 20 21, § 20 1, 22, § 21 22, § 21 22, § 21 2--', § 21 22, § 21 23, § 21 24, § 22 •.^4. § 23 6756 PRINCIPAL AND AGENT. Principal and Agent -(Continued.) 8. Delegation of Aitlliorilij. See also yo2/i< Principals and Joint Af;enls, iiiii>ra6. authority is eitlier original or (lclc:;ated 1, p. original authority may \>o ilelf;,'atoil 1, p. power to do illegal act cannot be delegated 1, p. authority presumed legal 1, p. power to do pa'sonal act cannot be delegated 1, p. person cannot be married by agent 1, p. or make will by agent 1 , p. married woman cannot make statutory d p- bailment of property with power of sale cannot be (!• le- gated 1, p. executor or administrator may a|)point attorney to trims- f er stock 1 , p. a delegated authority cannot be delegated 1, p. who pannot delegate authority 1. p. an agent appointed by owner of estate to sell it 1, p. an executor with power to sell 1 , p. a broker author zed to sign a contract for his [ninciiial. 1, [). an agent authorized to give a note or do other acts. .. 1, p. general agent of an iuburanee company 1, p. arl>itrators appointed to decide a question 1, p. a judge 1, p. a keeper appointed by a sherilT 1, p. the governing body of a municipal corporation 1, p. an attorney at law 1, P' a corporation authorized to levy assessments on its uicni- bers 1, p. directors of a corporation authorized to execute a lease for the corporation 1, p. a committee appointed to repair dams .and fi.shways. . 1, p. canal commissioners having authority by statute to enter upon lands and t.ikc and use property " as they may think proper " 1, p. an agent employed to drive cattle 1, p. when delegation of delegated authority permitted 1, p. when delegation is authorized by statute or contract. .. .1, p. when delegation is authorized by usage of trade 1, p. where act is purely ministerial and does not require exercise of discretion 1 , p. where act can be best accomplished through sub-ivgeut..l, p. by factors and commission merch mts 1, p. to receive and pay over money for removing buildings. . 1, p. trustees may employ agents 1 , p. 25, § 24 2.-.. § 25 'J5, § 25 -0 //, § 25 2.-., § 25 25, § 25 •25. § 25 25, S 25 20, § 25 26, § 25 20, § 25 20, § 26 27, S 27 27. S 27 27, § 27 27, § 27 27, § 27 27 § 27 27 § 27 27 § 27 27, § 27 27 § 27 27 § 27 27, § 27 27, § 27 27, § 27 27, § 27 27, § 27 28, § 28 2'.>, § 28 29. § 28 20. § 28 2'J, § 28 29, S 23 2!), § 28 ii9, § 28 25 25 26 27 27 27 27 27 27 27 27 27 § 27 § 27 § 28 § 28 § 28 § 23 § 28 s 28 § 28 § 28 PRINCIPAL AND AGENT. 0757 Principal and Agent— (Continued.) bauk directors may give committee power to convey real es- . , ^'^^^ l.p. 20,§ 28 bank may sen.l draft for collection to sub-agent 1, p. 20, § 28 delegation permitted where princiiml is aware of it l' p. 2ji § 28 or where delegation is directly or indirectly authorized by 9.i?..^j': ^'p- ^°'§ 28 unauthorized act of agent may be ratified by principal ^, ^ , 1. 1>- 31, § 2'J; 1. p. 139. § 93 though agent's name was not known to him 1, p. 32, § 29 acts ratified even f.>r a moment bii d him 1, p. 33 § 29 whore atjent delegates power, ratification by priu-ipal makes act valid j ., 33 o 29 but aliter as to ratification by agent 1, p. 33 s 29 ratification of tort of agent makes i.rincipal liable 1, p. 33, § 29 ratification cannot divest vested ri-hts of third person. . 1, p, 3->', g 30 ratification cannot give title to null instrument 1, p. 3.1, § 30 illegal or void act cannot be ratified 1, p, 3(;[ § 31 but person may ratify a forgery of his name 1, p. 37! § 31 and the state may ratify the illegal acts of its officers. 1, p. 37] § 31 act must have been done on bilinlf of principal 1, p. 37 g 32 principal must have been in existence when act was .^ '*""® l,p. 3S,§ 33 ratification by company of acts of pr.motirs 1, p. 38, § 33 ratification of unauthorized contract of insurance mu-t be ^^^"'•^l"^^ l,p.38n,§ 33 ratification must have been made with knowledge of all the .^ ^'^''^^ 1, p. 38, § 34 ratification once made is irrevocable i_ p_ 40 § 35 ratification absolves agent from all liability 1, p. 40, § 3(3 gives principal right to sue on contract 1, p. 41, § 30 gives agent same rights as if act originally authorized. 1, p. 41, § 36 but where principal ratifies to save loss, agent remains "''^^^- l.p. 41, § 36 efTect of ratification u(ion acts of sub-agent 1 t). 41 § 3" ratification must be entire; part cannot be ratified and part . '■.^j'''^**^'^ ' 1, p. 41, § 38 princi[ial cannot ratify conditionally 1, p. 42 „ s 33 ratification made under mistake is voidable 1, p. 42 § 3s what acts of agent cannot be ratified 1, p. 43 s 39 form of ratification: may be expressed or implied 1, p. 4:{, § 40 if act under seal ratification must be under seal 1,1). 44 § 40 implied ratification from acts and conduct 1, p. 44, § 41 Bilence raises presumption of ratification 1, p. 45 s 41 dissent need not be the instant the act is known 1, p. 45 § 41 but must be within reasonable time 1, p. 45 s 41 6758 PRINCIPAL AND AGENT. Principal and Agent -(Continued.) ratilioation by ucoepting benefits of unauthorized act. ..1, p. 45, by suing the purchaser for t)ie I'.eht or on the contract. 1, p. 47, by suing the agent for the money received 1, p. 47, by defending a suit brought to recover land acquired through the agent 1, p. 47, bringing writ of entry is ratification of previous entry on land made by only one of two agents appointed for that purpose 1, p. 47, illustrations of cases in which ratifii^atinn was implied. ." , p. 48, illustrations of cases in which ratification was not im- plied 1, p. 53, ratificatiiin of unauthorized acts of attorney at law 1, p. 2!)4, 10. DiHiolution of Agency, modes of dissolving relation of principal and agent 1, p. 55, by performance of object or lapse of time 1, p. 50, parting by a principal with right in subject-matter of agency before attorney has exercised the power, is revocation of power 1, p. 56, land-owner may employ several difTerent agents to act for him in sale of same tract, and sale by one is revoca- tion of authority of others 1, p. 50, power conferred uj^on agent to negotiate bonds of principal, if silent as to like power previously given, dues no* operate as revocation of earlier power 1, P« 50, dissolution of agency by act of principal 1, p. 57, principal may revoke agent's authority at anytime. .1, pp. 57, 58, except when power is coupled with interest 1, pp. 59, (50, or is founded on a consideration 1, pp. 59, 60, though appointment states that it is irrevocable, this does not prevent its revocation 1 , p. 60, though the agent is appointed under seal, his authority may be revoked by parol 1, p. 60, revocation of authority of agent may be implied from cir- cumstances, as appointing another person to do the same act 1, p. 60, but giving additional power to one of two agents does not revoke authority of other r 1, p. 60, after revocation of agent's author. ty, principal not bound, as between himstdf and agent, to notify latter of his dis- sent from acts done by such agent in pursuance of original authority 1, p. 58, by act of agent 1 , P- 62, agent dissolving agency liable in damages 1, p. 62, agency dissolved by renunciation of agunt 1, p. 62, or by want of fidelity on his part 1, p. 62, by change of name of partnership 1, p. 62, § 41 § 41 § 41 § 41 § 41 § 41 § 41 § 175 § 42 § 43 § 43 § 43 § 43 § 44 § 44 § 44 § 44 § 44 § 44 § 44 § 44 § 44 § 45 § 45 § 45 § 45 § 45 42 43 45 45 45 PRINCIPAL AXD AGENT. G759 Principal and Agent — (Continued.) by ile;itl» of principal 1, pi>. G.*? flS, § Ly death (if ayent 1, pp. OJUH, § by hanktiiptcy of principal 1, p. G(i, § by b.inkriipt y of ayeiit 1> !>• G". § by marri:ige of principal 1, pp. GG-(i7, ^ by niarriiii^e of a>;ent 1, p. (J(), § by insanity of principal 1) ?• 67, § by insanity of agent 1. p. G7, § by destruction of the subject-matter of the agency. ..1, p. 67, § by war 1, p. 68, § from what time revocation of ageut'a authority takes ef- fect 1, pp. 08-71, § 11. Authoritij of Aijent. general and special iigency defined and illustrated...!, pp. 73-82, § ■» ho are general agents 1, pp. 73-82, § •who are sp, § " lauds " 1. p. !(;t, § "lay out" 1, p. U:», § "loan" 1, p. m, § " ni dio dcuds and aalos " 1, p. DS, § " m.inayo " 1, p. 94, § " m()rt;^a-o " 1. p. 94, § " obtain sucuritios " 1, p. ',(4, § "place" 1, p. 94, S " procure a purchaser " 1, p. 94, § " puichaso " 1, p. in, § "rent and care for" 1, p. 9.1, § " receive checks " 1, p. 9(i, § " relea-so " 1, p. 9(5, § "sell " 1, pp. 90 9!), § "sell and convey" 1, p. 99, § "sell and retail " 1, p. 99, § " settle " 1, p. 100, § " sliip " 1, p. 100, § " sijjn name " 1, p. 101 . § "solicit" 1, p. 101, § "sul.Hcribe" 1, p. 101, § "sue" 1, p. 101, § "take care of" 1, p. lOl, § "transact" 1, p. 102, § implied power of agent '. 1, p. 102, § as to advertising 1, p. li>'2, § to make admissi ns 1, p. 102, § to submit to arbitration 1, p. 103, § to make assignment 1, p. 103, § for benetit of creditors 4, p. 3.584, § to sell at auction 1, p. 103, § to board at hotel 1 , p. 103, § to borrow !> p. 103, § to cancel 1, p. 103, § to compromise 1, p. 1C3, § to collect 1, p. 104, § to confess judj:;meat 1, p. 104, § to employ agents 1, p. 104, § to employ counsel 1, p. 104, § to exchange or barter 1, p. lO-i, § to deliver 1, p. 105, § to foreclose mortg.ages li p. 105, S to give credit 1, p. 105, § to make guaranty 1> p- 105, § C2 (i3 «3 63 ()3 C3 ()3 03 03 03 03 (ii 04 04 04 05 05 05 06 66 66 66 66 66 66 66 67 67 67 67 67 1985 07 67 67 67 67 67 67 OS 68 OS OS 6S 09 69 J. § C2 !. S (i3 1. § 03 ». S 63 t, § G3 1. § ti3 t. § «3 .9 63 t, § 63 .§ 63 .§ 63 .§ 64 ,§ 64 .§ 64 ,§ 64 ,§ 65 .§ 65 ,§ 63 ,§ 68 ,§ 66 ■ § 66 ,§ 66 ,§ 66 .§ 66 ,§ 66 ,§ 66 .§ 67 .§ 67 ,§ 67 § 67 § 67 § IDSo § 67 § 67 § 67 § 67 S 67 § 67 § 67 § 63 § 68 § 68 § 68 § 68 § 69 § 69 PRINCirAL AND AGENT. C7C1 Principal and Agent-(Contimie.l.) to lii'o a hdise 1, p. IC.V | 69 to iiid.rso 1, p. lO'i. i C'J to leaKo 1, p. |. ,;, j (j'J to receive lu-acy 1. p, I i;, j c/j to liuetise 1. p. |(>«;. j^ 69 to niiike loan 1, p. |<»i;. | G9 to make accomnioclation notes 1, p. I<^;, i To to make deeds 1, pp. |(«;. |<»7. $ 70 to make iiegntiuMe paper 1, |.p luT, 1"\ § 70 notice to ayent, when notice to principal 5, p. 3-«.T{, { 22S0 to mortgage 1, p. i ;w. § 70 to i)Iedi,'e 1. p. if,y, j 70 to piiroliase 1. p. 1' f>. j 70 to receive payment 1, pp. HO 113, | 71 to rent store 1, p. 1 13, | 72 to rescind contract 1, p. 1 1 3, | 72 to Bell 1, pp. 113, in, j 73 to settle 1, p. Ill, I 73 to become surety 1, p. 1 1 4, § 73 to make tendtr 1, p. 114, | 73 to transfer 1, p. 114, | 73 to make voluntary conveyance 1, p. 114, | 73 as to waiver 1, pp. 1 u, 1 15, § 74 to give warranty : 1, pp. 115, 1 1 :, | 74 powers of agents of carriers 1, p. 1 1 <»', § 75 agents of railroads 1, pp. 117.11», ] 76 12. Duties and Li.iliilitieH of Agent to Pii))ci/ial. for violation of duty by agent, principal mi.y recover dam- ages l,p. 119,§ 77 •gent wbo has become responsible to principal for mist >n- duct of sub-at'eiit may rtcov«r from sub-agent what he has been comp llel to pay principal 1, p. 119. J 77 agent must perfoim duties he has undertaken 1, p. 120. § 78 even where servi'-e is gratuitous 1, p. 120. § 78 usage governs mode of executing aj^ency 1. p. l^), I 78 agent must perform his duty in person 1, p. 121, f 79 And see Delegation of AuTJORiTy, 8; Principal and Agent. agent must give notice to principal of all matters 1, p. 121, § 80 must notify him immediat ly of receipt of money. ... 1, p. r2'_', § 80 knowledge of agent is knowledge of principal 1, p. 122, § 80 agent must obey orders and instructions of principal. . . 1, p. 122, J 81 disregard of instructions annot be excused on ground of usage 1. p. 122,5 81 if agent disobeys orders he is liable to principal, even though he acta in good faith 1, p. 122,8 81 6762 rniNCIPAL AND AGENT. Principal and Agent— (Continued.) or his (leviatiuu waa advantageous to principal 1, p. or he intended to benefit his principal It p- if, in violating his instructions, he obtains profit, it belongs to principal It P- violation by an agent of positive instructions of princip il is gross negligence, and renders him liable 1, p. agent not required to perform an immoral or illegal act. 1, p. but agent sued by his principal for profits or money paid to him cannot set up that transaction was illegal. . . 1, p. deviation from or failure to carry out orders, caused by necessity or extraordinary emergency, justifiable.!, p. ftgent not responsible when instructions are ambiguous or doubtful It P- slight or unimportant deviation from instructions not re- garded 1, p. liability of agent for neglect in presenting bill or note for payment 4, p. agent a trustee, and must act in good faith It P- must not have conflicting interests with principal. 1, p. purchases made by agent belong to principal 1, p. agent must use skill and diligence; liable for negligence 1, p. reasonable skill and diligence defined 1, p. agent never permitted to profit by his negligence towards principal 1, p. for mere errors of judgment agent not responsible. ... 1, p. principal knowingly employing an incompetent agent es- topped 1, p. agent liable for negligence in appointing deputies 1, p. but not liable for their negligent acts 1, p. liability for neglect of sub-agent 1, p. all profits belong to pnncipal 1, p. 129, § 85; 1, p. but by contract profits may belong to principal 1, p. or principal may ratify agent's act 1. p. losses must be borne by principal 1, p. agent not liable for principal's money deposited by him in bank which becomes insolvent 1, p. agent not liable for money lost in transit to principal. 1, p. unless he remits it in unauthorized mode 1, p. duty of agent to keep regular accounts 1, p. and to account to principal for money reserved 1, p. failure to keep accounts a defense to action for salary. 1, p. demand by principal necessary before bringing suit. . 1, p. agent liable for interest on money in his hands 1, p. agent only liable to account to principal 1, p. agent cannot disjtute principal's title 1, p. cannot interplead with principal and third party 1, p. 122, § 81 122, § 81 122, § 81 122, § 81 123, § 81 123, § 81 123, § 61 123, § 81 124, § 81 2650, § 1514 126, § 82 126, § 82 127, § 82 127, § 83 128, § 83 128, § 83 12i. § 83 128, § 83 129, § 84 129, § 84 129, § 84 13.5, § 92 120, § 85 129, § 8.5 130, § 86 131, § 87 131, § 88 131, § 88 132, § 89 132, § 89 132, § 89 132, § 8'J 132, § 89 133, § 89 133, § 90 134, § 90 PRdCIPAL AND AGENT. 67G3 83 S3 § 89 § 89 § 89 § 90 § 90 Principal and Agent— (Continued.) agent must not mix his property with that of principal. 1, p. 134, § 91 agent not allowed to -.lurchase property of principal 1, p. 137, § 93 where employed to purchase for principal, cannot purchase for himself 1, p. 133. § 93; 4, p. 342G, § 2013 cannot purchase his own property for his principal....!, p. 13S, § 93 a-^ent employed to purchase not perniittud to sell to princi- pal for hii^her price than he paid himself 1, p. 138, § 93 a^ent cannot become purchaser of property he is employed " tosell l.P- !"«.§ 93 nor can he sell to a firm of which he is a member 1, p. 13 •, § 93 nor to third porsou for benefit of that puison and hinLself jointly 1- P- 1^'^'9 9-* a^ent in charge of real estate cannot acquire tax title tlieieto adverse to principal 1. P- 1"^^> § ^^ Buch purchases voidable, not void; good as between thiid parties 1. P- l'"^. § ^3 principal may ratify such transactions 1, p. 139, § 93 agent may purchase principal's property when princii)al is fully advised, and there is no fraud 1, p. 139, § 93 burden of proof on agent to show fairness 1, p. 1 39, § 93 agent selling at auction may bid for third person 1, p. 140, § 93 after agency ended, agent may purchase 1, p. 140, § 93 name person cannot be agent for both parties 1, p. 141, § 94 nor can he earn and receive compensation from both . . 1, p. 142, § 94 but valid where it is with purchaser's consent 1, p. 1-1-2, § 94 or is according to the usage of trade 1, p. 1^2, § 94 person who voluntarily employs agent of another cannot take advantage of rule forbidding double agencies 1, p. 143, § 94 nor can agent set it up for the purpose of shielding himself from liability to one of the parties 1, p. 143, § 94 13. Duties aitd Liabilities of Principril to Aijent. ag3nt entitled to compensation from principal 1, p. l41. § 95 unless he is gratuitous agent 1. P- 1^4, § 95 or there is an understanding that no compensation is to be asked ...1, p. 145,§ 95 agent without authority whose acts are ratified entitled to compensation 1' P- l'*^' § ^^ that principal recognizes sub-agent and accepts his services does not prove agreement to pay for his services 1, p. 147, § 95 a-^ent agreeing not to charge commibsions cannot recover fo°r8ervices • L P- I'i^, § 95 agent agreeing to leave amount of compensation to prin- cipal's discretion or generosity, cannot recover more '^^an principal chooses to allow him 1, p. 1 i >, § 95 usage and custom aa regulating amount of commissions or compensation 1> P- 143, § 95 67G4 PRINCIPAL AND AGENT. Principal and Agent— (Continued.) on a;,'reeiaent for reasonable compensation, to be fixed by euiployer, he may aue if employer refuses or n. gleets to fix it 1, p. 143, § 95 where principal confers additional powers which involve greater duties, with no stipulation for additional com- pensation, agent cannot recover for additional serv- ice 1, p. 148, § 95 one employed to find customer at certain price entitled to commission, although principal sell to customer found at lower price 1, p. 147, § 93 iu absence of contract, the court in fixing compensation of agent will regard extraordinary services and personal sacrifices of agent, as well as benefits received by principal 1. p. 149, § 95 agent authorized to draw upon his employer for expenses, may maintain action against employer for maliciously refusing to honor drafts drawn accordingly 1, p. 149, § 95 agent cannot recover compensation where service was ille- gal 1, p. 151,§ 96 or where he has bten guilty of gross negligence or unfaith- fulness 1, p. 151, § 96 or where neglects to keep accounts 1, p. l^")!, § 96 or where he violates his instructii)ns 1, p. 151, § 96 agent entitled to reimbursement from principal for ex- penses 1, p. 152, 9 97 liability of principal extends to liabilities as well as losses. 1, p. 152, § 97 agent entitled to charge for expenses may recover fair worth of board, though he actually paid nothing 1, p. 153, § 97 not entitled to reimbursement for expenses made without cause 1, p. 156, § 98 or in excess of authority or instructions 1, p. 156, § 98 or where his authority has been revoked 1, ?• 156. § 93 or where agent has been negligent 1, p. 156, § 98 14. Duties ami Liabilities of Agents and Principils to Third Persons. agent must execute authority in name of principal 1, p. l.')7, § 99 rule as to instruments under seal 1. p. 137, § 100 no exact form of words essential 1, p. 153, § 100 as to instruments not under seal, principal may be bound, though agent's name only is used 1, p. 161, § 101-102 negotiable paper; principal bound, though agent's name used 1, p. 161, § 102 when agent personally bound; descrlptio personis 1, p 105, § 10.3 agent not per-onally liable on contract made in principal's name 1, p. 1C3, § 104 where one contracts with agpnt of known principal, princi- pal and not agent is liable 1, p. 163, § 104 nmrsaesfiaw IGS, § 104 ics, § 104 ICO, § 104 170, § 10.-, 171, § lOQ 172. § 107 173. § 107 PRIXCIP-VL AND AGENT. G7G5 Principal and Ag3nt- (Continued.) uiik'ss vuiulor ,-()ltl uj)on cru.lit of agent alone 1, p. where agent docs nut disclo.se liia character or jjrincipal, but other party knows Loth, ngent not Luund by eon- ti-aet 1, p. contract void uhen not binding npon iirineipal for want of authority ia agent, and not binding on ivent for want of apt words 1 p_ ag-nt of forei-n priiiciii:il not liable per se (ui contract. .1, p. agent of irresponsible principal personally liable 1, p. agent personally liable where pri.eipal not disch)sed. . . 1, p. duty of agent to disclose hU agency to avoid Lability. . 1, p. agent liable though party knows he is only agent, if he does not know who is principal 1, p. 173^ § \^~ party on discovering principal may resort to him or to agent at his election 1, p. al'iter if the relations of the parties have been altered. 1, p. or he has been guilty' of laches 1^ p. or knowing the facts, he electa to hold agent 1, p. •whsre vendor knows principal but gives credit to agent, he cannot hold former In but actual knowledge essential; mere means of knowledge not sufficient X p. not sufficient that seller knew buyer was agent, if he did not know who principal was 1, p. usages of trade as to liability of principal admissible ... 1, p. agent may bind himself personally ou contracts 1, p. as by express warranty that a note of principal is genu- ine. 1, p. or by failure to disclose that he is acting as agent. . . .1, p. agent receiving freight consigned to him personally liable for the charges 1, p. Rgent pa3 ing over money after notice personally liable. .1, p. liability of agent acting without authority 1, p. agent personally liable on the contract 1, p. liable also on implied warranty of authority 1, p. not liable when he boiiijl In believed ha had authority . 1, p. where authority of agent has been revoked by death of his principal, unknown to both parties, agent not lia- ^^^ l,p. 1S2,§ 110 to render ag^nt liable, unautliorizcd contract must have been such as could have been enforced against the principal 1, p. 1S2, § 110 where he acts under public st itute, person held to knowl- edge of the powers it confer.^ 1, p, 1S2, § HO if principal is liable notwithstanding agent's want of author- ity, no .action will lie against agent 1, p, 1S3, § 110 Laweon R. & It. -471. 17.3, § 107 174, § 107 174, § 107 174, § 107 174, § 107 174, § 107 174, § 107 175, § 107 17G, § lOS 176, § 108 17G, § 108 178, § 108 170, § 1C9 ISO. § 110 180, § 110 180, § 110 IS-', § 110 6766 PRINCIPAL AND AGENT. S3.§ 110 90, § 113 S4, SI, § 111 111 SI, § 111 S4.§ 111 So, § 112 sr.. § 112 So, § 112 SG. § 112 SG,§ 112 87, § 112 Principal and Agent— (Continued.) one inducing agent to exceed bis authority cannot hold him liable 1, p. liability of prineiiial on agent's contracts 1, p. 1G3-170, § 104; 1, p. agent is not personally liable for tort committed in dis- charge of his duties 1, p> but is liable to jirincipal for the damages sustained. . 1, p. agent not personally liable for negligunco or misfeasance of those whom he has retained fur service of principal by his consent or authority 1, p. alUer where the partimdar acts are done by orders or di- rections of agent 1, p. exceptions: cases where agent is liable for the injury.l, p. where agent is invested with authorii,y to act in the matter according to his discretion 1, p, where the agent's act is one of nei^ligent commission. 1, p. where he acts willfully or maliciously 1, p. where he acts fraudulently 1, p. agent doing illegal act cannot defend by showing what he did was in accordance with orders of principal, or solely for his principal 1, p. principal liable for frauds and deceits of agent in course of his agency 1, p. principal bound by false representations of agent 1, p. principal liable for negligence of iigeut !> p. 15. Dutlts and Liabilities of Third Persons to Principals and Ayen principal has right to enforce agent's contracts 1, p. such right not afTected by fact that agent also is entitled to sue 1, p. or that principal was unknown or undisclosed when con- tract was made 1, p. or that agent acts under commission del credere 1, p. but right is subject to the frauds, concealments or misrep- resentations of agent 1, p. and right is subject to all equities and rights of which other party might avail himself as against the agent. . .1, p. rale as to contracts under seal 1, p. where exclusive credit is given to and by agent, princi[}al cannot take advantage of it 1, p. principal may recover money wrongfully paid by agent.. 1, p. may sue for torts to his property in agent's hiuuls 1, p. agent cannot sue on contract made by him us agent. ... 1, p. exceptions: when agent may sue 1, pp. 201 agent's right to sue controllable by principal 1, p. where agent sues in own name, defendant has same de- fenses as if suit had been brought by principal. ..1, p. 203, § 124 91, 91. 92, s, W. 96 9G. 9G, 114 114 114 116 116 116 116 97, § 117 19?, § lis 199, § 119 199, § 120 l'.)9, § 121 200, § 122 200, § 123 204. § 124 204, § 125 rRINCIP.'L AND AGENT — PR0TIS03. 6767 Principal and Agent— (Continued.) ayeut having si)ucial or temporary propertr, nath right to possession, may maiutaia trespass, trover or conver- sio» 1, p. 203, § 124 liability of principal for libel published by agent 3, p. 2194, § 1237 trover Jius against agent for conversion, when 7, p. 5G93, § 3G70 Private Acts. private act, what are construction and eflect of 7, p. 5922, § 3772 Private and Confidential. Btatiug that communication is made confidentjally, or mark- ing letter "private and coufiJential," does not make it privileged 3, p. 2323, §1293 Privies. See Waters and Watkk-coukses, 6. when a nuisance 6, p. 4SC3, § 29D3 Privileged Communications. See Evidence, £; Slanijkii and Luel, 4. Prize Fight. party may recover for an assault and battery, although ho and his adversary fought by mutu.al consent 3, p. 1809, § 1054 Probate Court. See Executors and Administrators, 4; Jcdicial Sales; Wills. probate guardianship; jurisdiction of courts of probate to ap. point guardians 2, p. 1533, § 848 Process. See Costs and Fees; Pleading and Practice; SHrsinsj TRE-iPASS. person by false representations that he is qualified to servo legal process, inducing another to commit writ to him for service, not liable to action for neglecting to serve it 3, p. 1716, §1012 Profits a Prendre. easements distinguished from profits a prendre Q, p. 4524 & 2773 Promissory Note. See Negotiable iNSXKCMENTa, Promoters. corporations not liable for acts of promoters 1» p. 681, § 407 ratilication by corporation of acts of 1» P» 3S» § 33 Property. See Pi RsoNAL Peoperty; Real Property. Prostitute. See Immorality. Protest. of bills and notes, see Negotiable Instrttme-nts, QL See Payment, 3. Provi:08. provisos in statutes, construction and eCTcct of 7, p. 5921, § 3770 67G8 PROXIMATE AND REMOTE CAUSE — rUBLIC GRANTS. % Proximate and Hsmote Cautro. person liable only for prnximatc and not remote effect of liis nets 3, p. 1740, g lO'JS; 3, p. 174S, § lOIX); J, p. not liable for cd'ects of intervening' c.iiisc-3 3, p. ouo ucgli;;cntly starting tiro only liable for all damage it dues in its travel, provided iio unexj ectcd and unusnal agiiicy intervenes 3, p. whether damages are proximate or spccniative and remote, question for jury 3, p. Tinder statnte giving action for sale of intoxicating liquors, sale must bo natural and immediate cause of injury 3, p. external injuries received while drunk not proximate result of sale 3, p. what are not approximate result 3, p. wife falling on slippery sidewalk vLile following her in- toxicated husband 3, p. dei -ing from assault conmiittcd upon husband for 'i ' anguage while intoxicated 3, p. action li«b i ,r direct injuries done by intoxicated person. .3, i>. suicide deemed att. utable to sale of intoxicating Iiqun<-s S, p. Proxy. voting by proxy when aiiowed 1, p. Public Administrators. See Executors and Administrators, 2; Officer and Offices. Publication. See ArrACiiMEXT, 1; Pleading andPracticej Slander anb Libel. Public Agucts. Sj3 also OFFrcES and Offickrs. majority of public boards may act 1, p. Public Grants. See Land Warrants; Pre emption. m.iy ba by statute or by treaty 0, p. take effect from date 6, p. are evidenced by patent 0, p. couclusivcness of patent; cannot be impeached collat- erally 6, p. when patent not conclusive evidence of title 6, p. equity has power to reform or correct patents, or t ) cancel them 6, p. BO one who receives patent to which another entitled, trus- tee for latter 0> P- until patent issued grant has nu complete title 6, p. construction of public grant 5, p. SS3S, § *J-S3; 6, p. 2inS, § 1198 17-43, § U)-20 17^2, § 1031 175G, § 1032 19G3, § 1137 inC3, §1137 19G4, § 1137 10C4, § 1137 1964, § 1137 1UG4, § 1137 19G4, § 1137 793, § 480 24, § 22 4393, § 2GnS 439:5, § 2G93 4303, § 2G96 4394, § 2G9G 439j, § 2G93 4395, § 2G98 4393, g 2696 4396, § 2U9G 3S3S, § 2JS4 PUBLIC GRANTS — QUO WARRANTO. 67G9 Public Grants -(Continued.) Bt.itu hv.vd do not affuot fe leral public lands 6. p. 4^97, § 2C9G accnptaiue of pitoiit essential; aojeptaiice presumed. . .6, p. 4;)97, § '2G0G delivery of pvteut not e.sential 6, p. 4oU7 § 2GUC patent iisued under unconstitutional law void on its f'ce 6, p. 4401, §2G9ii pat3nt from goveruoient need uot bo delivered 5, p. 3S14, § 2270 Public Injury. Sjc T(>iiT.-(. no eivil action for common or public nui«ianco3 6, p. 483."), § 21)7;, al:ii-r where plaiutiff suffers a special injury 6, p. 4S30, S 297 1 Public Offloars. Sjc Ofkic.;.s axd Officerned by state. 2, p. 974, § 542 franchise of railroad an incorporeal hereditament, not in- cluded within term " lands or tenements " 2, p. 974, § 542 ■i § 612 § C42 § 543 § 544 § 544 § 544 § 544 § 544 § 544 § 544 § 645 RAILROADS. 6771 Railroads— (Continued.) cannot free itself from liability for negligence hy lease ... 2, p. 974, unlawful detainer does not lie to recover a part of rail- road 2,1). 974, duration of franchise is fixed by constitution or by terms of t''eg>-ant 2, p. 974, railrcad legally constructed cannot be adjudged a nuis- ance 2, p. 974, for blowin;? wh'stles at crossing 2, p. 974, obstruction of public crossing by railroad a nuisance. . .2, p. 974, railroad exceeding authority in constructing road a nuis- ance 2, p. 974, as where it builds in place not authorized 2, p. 975, or carries on business in unauthorized way 2, p. 975, failure to whistle at crossings a nuisance 2, p. 975 n, location of road; powers of railroad in 2, p. 975, railroad cannot construct its road along shore of tide-water below high-water mark without specific grant from etate.... 2, p. 978, § 643 leasing of part of railroad between two points not compli- ance with contract to construct road between said points 2,p. 978,§ 645 contract by railway to locate depots at a particular point, and no other, in town, against public policy 2 p. 97S, § 545 after once locate 1, railroad has no power to chanfTe route without consent of state 2, p. 979, § 540 power to "maintain" railroad does not imply power to change location 2, p. 9S0, § 646 power to change "location" or "route" does not include power to change termini 2, p. 930, § 546 words of permission in charter do not make it obligatory on company to construct road 2, p. 980, § 547 railroad authorized to build railroad no power to contract with individual to construct railroad on their route forhisownuse 2, p. 9S0, § 547 agreement by railroad not to build portion of line at instance of competing line void 2, p. 9S0, § 547 railroad not liable for damages by contractor's train passiuT over portion of road not accepted by company. . . 2, p. 980, § 547 rolling stock of railroad, cars and locomotives are personal property 3, p. 2445, § 1353 2. Powers ami lUi/hts. power of railroads to make contracts 2, p. 981, § 548 to purchase other or competing road 2, p. 93 1 , § 548 to mortgage future earnings 2, p. 981, § 548 to contract for transportation of freight for fixed rate Percar 2, p. 931, § 648 6772 BAILROADS. Bailroada— (Continued.) uo autlioiity to guarantee exponso of musical festival. . .3, p. 9S1, § /548 uorti) niort^^aye its fiaiichiso 2, p. . 9SJ, § 519 le^islativj authority to lease road construed 2, p. 962, § 549 railroad company loasin'^ road, even liy consent of Ic^'isia- ture, does iiotescape responsihility to public. . . .2, p. 9S3, § 549 Icsaec, under lease authorized by statutj, ni.iy, in roipuut to traiiic on road, be held to liability imposed ou coin- p.any leasinj,' 2, p. 983, § 519 cannot dispute liability on ground that lease is void.. . .2, p. 9S.'<, § 549 lessor is not reai)onsible for the toita of lessee 2, p. 983, § 549 otherwise if it continues, notwithstanding^ lease, to op- crate road, or allows it to be operated iu its cor- porate name 2, p. 983, § 549 lessee bound by all prohibitions and limitations contained in charter of company leasini;, as well as entitled to all its rights and fraucliises 2, p. 983, § 549 does not take i)roperty and franohise subject to existing lia- bil'ty for injury caused by negligenee prior to lease. 2, p. 983, § 549 power of city as to use of streets by railroads 7, p. G273, § 4002 as to use of streets by horse railroads 7, p. 6275, § 40!}3 railroads are commou carriers 4, p. 3D82, § 17il2 implied powers of servants of railroads 1, p. 117, § 7(> liability of railroads for nets of servants and agents. . . .2, p. 990, § 550 railroad may be compelled to furnisli and maintain stations for passengers and freight at all proper points on the line 4, p. 3264 n, § 1912 duty to fence and liability for injuries to cattle is upon the company operating road, though not a lessee. . . .2, p. 983, § 549 lessor liable for injuries by tire by railroad leased 2, p. 984, § 549 digest of statutes regulating leasing of roads by railroad companies 2, p. 984, § 549 power to acipiire land for purposes of road by contract with the owner 2, p. 991, § 551 railroad may coi»'pcl specific performance of a contract to convey land for right of way 2, p. 991, § 551 verbal contract by owner of lands sulFioient 2, p. 991, § 651 and will bar recovery for use of land until consent is re- voked 2, p. 991, § 551 owner allowing company to take possession of lands, estojjped to take advantage of irregularities 2, p. 991, § 551 contract to convey land ou condition that it will locate road in certain way or build depot at certain place, vaUd 2, p. 991,§ 551 551 ILVILR0AD3. 6773 Railroad8~(Continue(l. ) lauds Jeeik-il to railroad i^rcsumcd to bo for railroad pnr- poaes 3, ,,. <102, § 5.'l public griiits of laiidi to railroMdi strictly coiiitiuud 2, p. ();»•_', § 5.')2 wliat w ill puss as jiart of grant 3, p. i)'J'2, i 5j2 laud granted i.y c 'n;;res3 to railroad subject to contrnl of state It-islature 3. p. 993, § 5";2 land grantfd by congress to railroad not aubjoct to stato taxation, wlieu 3, p. 001, § 5.")2 m m^lamiii will not lie to compel r.iilroa.l to build its road. 2, p. 0:t:], § .V)2 railroad can aciiuiro lands by dedication, when 3. p. 'Ml, § ;"j'{ mere oceu[ancy by railroad, not .sullicieiit 3, p. '.>'.).?, § 5"<3 stitui of nils, ties, ct.;., where company a tiosiia.so r. .3, p. 9'.)l, § 5J.') title or interest in lane; '>y railroad an tasenient 3. p. ODl, § i"5l) does not revert to original owner on abandonment. . 3, p. dOo, § 550 ou diversion by railroad oi »and from public purpo es writ of entry wid lie by original owners 2, p. 9^", § TmC ejectment will lie for right of way of railroad 3, p. 995, ^ 55G what does aud does not pass to raili-oad by acijuisition of fee 3, p. 990, § 557 trees standing on laud pass 3, p. 91)0, § 557 material removed in grading road 2, p. 900, § 5')7 stone and gravei on land 3, jj. O;) !, § 557 Diinera's under land do not pass 3, p. 997, § 557 right of railroad to dig ditches on laud adjacent to track 2, p. 937, § 557 right of railroad to divert water-course from natural chan- nel 2, p. 997, § 557 right of railroad to dig wells on its land 3, n. 997, § 557 right of railroad to abstract from adjoining stream water for its engines 3, p. 997, § 557 authority to locate road upon certain land does not autharizo it to convert laud to differeut purposes 2, p. 997, § 557; 2, p. 909, § 5G0 right of railroad to so'e use of its land 2, p. 99S, g ."5S to exclude persons from its grounds 2, p. 09S, ^ 55'J no prescriptive right to foot way over railroad lands. .2, p. 99S, § 55;) CO joining owner cannot take products of soil from right of way 2, p. 999, § 5G0 railroad may allow others to erect buildings ou right of way 2, p. gOf^, 3 500 railroad h s right to cut trees or grass on riglit of way. 3, p. ['J i, '., 5i;0 railroad cannot recover damages against town for ojjc ing new roads across tiaek 2, p. 999, § 500 track, public have no right to pass over, except at cross- ings 2, p. 990,§ 5G1 may give implied permission to do so 3, p. 1000, ^ 501 6774 RAILROADS. BailroadB— (Continued.) di;i)()ts Hiid HtatiiiiiH; railroad must maintain proper, . . .2, p. 1009, § 562 action lies for l)ro:iuli of c iitr:iut to ki-'up ruilniud tttatioii at p.irticnlar place 3, p. 1000, § CC2 Qot lialilu fot ai'i'idt-ntal liiirnin^ of siippiitis at itn Btutioiisi wliich a[iri'ad:) and docs damage 2, ]>. 100f>, 8 r)(j2 may oxoliido persins not p^isiscnL^ets from it« grmindH,2. [). 1001, § 502 railroad iia.s no rijjlit to use streets for freight yard. ..2, p. 1001, § CG3 railroad Imunil to keep its trade where it crosses street in good repair and safe condition 2. p. lOJl, § 5G-' must build liriilgo or sub- way if necessary to pi event ob- struction of liiyhway 2, p. 1002, § /iCl must keep bridge over crossing in repair 2, p. lOO'J, § 504 legishitiire may require railroad to build and maintain highway crossings 2, p. 1O02, § 5G4 constructing railroad ucroas higliway without authority a nuisance , 2, p. 1002, § 5()4 liable for uiinecossary obstructions of highways 2, p. 1002, § fiGl right of public at crossings 2, p. 1003, § 5G4 legislature may emi)o\ver oue railroad to cross track of an- other railroad 2, p. 1003, § 5G4; 2, p. 1004, § 5G5 may authorize building of a railroad in streets without com- pensation to municipality, and vithout consent. 2, p. 1003, § 505 may delegate power to municipality 2, p. 10(>4, § 5G5 grant to buil Street liailnKHls. right to operate street railroad, a franchise granted by stite 2, p. 1004, § 5GG state maii grant right to second comi)any 2, p. 1004, § 566 An 1 see part 2, supra. municipality may regulate street railway.^ 2, p. ICOG, § 566 exclusive right to ccnistruct and operate horse railroad in city not infringed by constructing road to be operated by steam, nor by cable tramway 2, p. 1003, § 5GG charter requiring consent of property holders to building of road 2, p. 1007, § 5G6 street car company has no exclusive use of track 3, ji. 20()G, § 1173 must use care toward i)ersons using highway 3, p. 20GG, § 1178 what is and is not negligence of driver of car toward per- sons on street 3, p. 2067, § 1178 right of vehicle on track; vehicle must give way 2, p. 1005, § 566 pedestrians on track 2, p. 1005, § 5GG; 2, p. 1010, § 5G7 court at instance of street railroad will not enjoin temporary use of track by private persons 2, p. 1006, § 566 adjoining storekeepers cannot obstruct track 2, p. lOOG, § 566 city ordinance requiring street railroads to report quarterly number of passengers carried, valid 2, j). 1008, § 566 RAILROADS. 6775 5G6 Bailroads— (Continued.) company liouiul to keep track in rnpair. 2, p. ■ti'tiut niilroiiil cimnot, liy exclusive use «)f pirt f>f pul/ic street for riylit of way, obtain aljsolute owiier-'liip therein 2, p. railroail must be carefully .tuiI propi'rly manageil 2, p. must be restricted to n a oiialtle spuoil 2, p. may l)e run without eomluctor 2. p. Las rij^ht of way over other vehicles 2, p. Jicilestrian may piss over platform of car to cress street. 2, j.. company may exclude eonnic'in^ vehicles from habitual use of road 2, p. riyht of street-car company to remove snow from track. 2, p. 4. DiH.Hulution (if Corporation. dissolved in gineril in sann inodc.-f as othercorporation.i.2, p. And see Coui-ouatioxs, 0. dissolution by expiration of charter 2, by abandonment 2, by repeal of charter 2 by neylect to perform duties, or non-user 2, by consolidation 2, what are good grounds for forfeiture of charter 2, railroad corporation not dissolved by lease ■ ' niVnX for terra of charter 2, nor by sale of rolling stock and personal property 2. nor by sale of road itself. . . 2, Trlien forfeiture may be declared by legislative act 2. receiver or assignee of railroad, appointed in involuntary proceedings, not liaMe for iiijuiies caused by his iieg- ligenco wliilo operating road 2, p d. Jlcmcdks. action at law remedy for negligent act 2, p. for assault and battery 2, [«. for abandoning line or withdrawing trains 2, p. for unlawfully entering on land 2, p. for refusing to transport freight, action proper, rente iy not mamlamvs 2. p. injunction -will lie to prevent railroad from laying tra-.k in public street 2. p. BO M'here company acts in excess of powers 2. j(. Bo where company fails to pay land damages 2, p. ejectment will lie for taking land by railroad without ten- dering compensation 2, p. 91).'), § oK;; 2, p. writ of entry will lie for diverting land from public jiur- pose 2, p. specific performance lies to compel railroad to build d«-pot as agreed 2, p. 10)7, S 5C6 lOOS. § I '"'J, § 1010. 9 1010, § 1010, § 1010. S 1010, § loio, § 500 5(;7 507 507 507 507 5(;7 1011, § 503 KM. § 5';3 I'll, § 5.J8 1011. § 503 1011, § 50 i lOlJ, § 503 1012, § 503 1012, § 503 lOIJ, § 5G3 Knj. § 503 1U12, i 503 1012, § 503 1012, § 5:9 I"i:i, § 5oa loiri. § 509 1013, § 509 1013, § 509 101.1, § 509 1014. § 509 1014, § 509 1014. § 509 995, § 556 1013, § 509 6776 RAILEO ADS — KEAL-ESTATE EliOKERS. ^f*'-^ 1014, § 5C9 9S0, § 547 1011 § 5GS 538, § 304 538, § 304 533, § 304 538, § 304 538, § 304 Kailroads— (Continue J. ) or maintain fences 2i p. remedies against railroad for disusing part of its road is action to vacate cliarter or annul existence of corporation, and not action for specilic performance 2, p. for abandoning franchise is mniuluinus or indictment, or action to annul charter 2, p. 6. Injuries (o Employees. railroads must keep their machinery, roadways and bridges in safe and good cond tion 1, p. not bound to furnish absolutely safe appliances 1, p. under no obligation to build its bridj^es ao high that man standing on top of car may pass under safely. . . 1, p. not liable for death of brakeman, caused by his falling through bridge in process of repair 1, p. not bound to test safety of car received from another line 1, p. railroad not bound to discard cars of an old pattern because coupling them with cars of new pattern is attended ■with more danger 1, p. 533, § 302; 1, p. 530, § 3C4 nor to adopt what is known as "target switch," simply be- cause this kind of switch guards more effectually against negligence of switchmen than the common switch 1, p. nor to pursue system of inspection of its cars and locomo tives which would embarrass operation of road . . 1, p railroad must establisih proper rules for guidance and safety of employees 1, p. 534, § 302; 1, p. Bailroad Engineer. implied powers of 1, p. Bailroad Superintendent. implied powers of , 1, p. Bank. rank as an impediment to marriage 2, p. 1297, § Batification. See Attorney and Client, G; Corporations, 4; PiiincipaIi AND Agent, 9. ratification by state of unauthorized corporate acts ... 1, p. acceptance by stockholder of dividend no ratification of ille- g.Tl C(mduct of the directors 1, p. ward may after coming of age ratify voidable acts of guar- dian 2, p. 1591, § h'lsband may ratify wife's acts 2, p. 1.322, § 722; 2, p. 1327, § 728 pledgeor may ratify irregular eale 4, p. 3019, § 1767 Beal-estate Brokers. defined 1, PP. 390-S9.*?, § 222 ftuthoiity of 1. PP- 390-393, § 222 533, § •502 •^3, § 302 539, § 304 118,§ 76 117, § 76 C02, § 783, § 705 337 474 880 RE.VL PROPERTY. 6777 Heal Property. St«;r£ii.s JXAL PRorKHTY; E5ri5T,T;:\rf:NTs; Fixtures; Mekgeb; Mixes and Mi.nkrai.s; Muney, 1. The KrxDs of Real PKoriiUTY, 2. Tit, e to Real Puopeuty. 3. Estates in Pieal PiiorEitTY. 4. Conditions; KEsTiiUTioNS, etc. 1. Th'i Kinds of Real Propertij. real proiierty defined: must last for indcnnif-c term 0, p. 4"17, 5 2073 meaning of "land," "te)ie;nent" and •'hereditament ".6, p. 4.S(;S, § 2073 corporeal and incDrporeal hereditaments distinguished 6. p. 430,), § •JG79 Louses and buildings pass with land 6, p. 43():), S iiaSO buildings erected on another's land, title to 0, p. 4.3j;), § COS J trees, crops, fruit, etc., are real estate 6, p. 4,*570, S -6S1 heirlooms are real estate; what are "heirlooms " 6, ]). 4387, g 2G3D water is realtj'; but suit must be bought for the land under it 6, p. 43S3. § CGOO other kinds of re dty 6, p. 43S3, § 2G91 manure 6, p. 4588, § 26^1 Bea-weed 6, p. <13S9, § 2G91 shares of stock U, p. 4.3S3, § 2G91 pews 6, p. 4381), § 2G01 road-bed, rails, and right of way of railroad 0, p. 4oS9, § 2G31 ponds, springs, reserviirs, and pipes of water com- pany G, p. 43S9, § 2091 ore right 6, p. 43 S9, § 2G91 Blabs, saw-dust, shavings 6, p. 43 S9, § 2'19l saw-mills and grist-mills 6, p. 4390, § 2G91 franchise of railroad an incorporeal hereditament not in- cluded within term, " lands or tenements " 2, p. 974, § 5-12 2. Tl'.le. to Real Pioperlij. title defined G, p. 4^91, § 2G?2 title by descent and purchase distinguished 6, p. 4."91, § 2092 by accession G, p. 4391, § 2093 See Accession; Accuetions. by escheat C, p. 4392, § 2GC4 See Escheat. by eminent domain 6, p. 4393, § 2095 See Eminent Domain. by public grant or patent G, p. 4393, § 2GD3 See Public CinANTS. by pre-emption G, p. 4397, § 2G97 See Pke EMPTioM. by land warrant or certificate G, p. 4400, § 2Gf)3 See Land Wakuant. by convex ance G, p. 4401, § 2C0D See Deeds. 6778 IlEAL rnOPERTT. Seal Property -(Continued.) by prescription: adverse possession 0, p. 440!, §2700 See Preschiption; Advkrsk Possession. by estoppel 0, p. 4I0S, § 2701 See EsTOi'PECi. by judiciiil sale 6, p. 4413, § 2702 See Judicial Sales. 3, Estates in Real Property. See also Co-tknancy; Executory Devises. meaning of " estate " 6, p. 441.'?, § 2703 the diffLTent estates in real property 6, p. 4410, § 2704 estate in fee simple, what is 6, p. 441(5, g 2705 what words will convey a fee 6, p. 441(1, § 2706 rule in case of devises 6, p. 4417, § 2706 coudiliiin against alienation generally attached to creation <,f a fee-simple estate void 6, p. 1419, § 2707 but partial restriction valid 6, p. 4419, § 2707 fee in abeyance, what is effect of 6, p. 4420, § 2703 Beisin defined : livery of Beisin, what is 6, p. 4421 , § 2709 disseisin, what is: rights and liabilities 8, p. 4421, § 2710 tenure of land in United States; owner in fee is absolute owner 6, p. 4423, §2711 title of Indians to land in United States 6, p. 4423, § 27 1 1 estate-tail, what is: effect of and ri^dits of owners of. .6, p. 4424, § 2712 abolished generally in the United States; statutory pro- visions is to 6, pp. 4426, §2712 estate for life, what is: what words give estate for life, .6, p. 4427, § 2713 estate pur autre vie, status of 6, p. 4429, § 2714 rights, powers and liabilities of tenant for life 6, p. 4429, § 2715 estates for life, how terminated 6, p. 4431, § 2716 not forfeited by making conveyance in fee 0, p. 4432, § 2717 estates in remainder; remainder, what is; requisites of. 6, p. 4468, § 2740 when may remainder over be created 6, p. 44C9, § 2740 particular estate and remainder must be created by same deed 6, p. 44G9, §2740 particular estate may be created by will, and remainder by codicil, and vice versa 0, p. 440^, § 2740 remainder cannot be limited upon conditional fee 6, p. 44(j9, g 2740 remiinder in personalty created by oral gift void 6, p. 44(j9, s 2740 vested and contingent remainders distinguished 6, p. 44C9, ^ 2741 the two classes of contingent remainders 6, p. 4470, § 2741 coutiDgent rem;iinder not defeated by termination of prece- dent estate before happening of contingency. . . .6, p. 4471, § 2741 freehold contingent remainder cannot be limited on estate for years 6, p. 4471, § 2741 aVder as to ccmtingent remainder for years 6, p. 4471, § 2741 and alitcr by statute in some states 6, p. 4471, § 2741 MHtll mmmmmammimmmmammm m 2740 REAL PROPERTY. G779 Heal Property— (Continued.) contingency may abridge or defeat the particular estate. 6, p. 4472, § 2741 event upon which contingency rests must be a legal one. 6, p. 4472, § 2741 at common law event must be within a common possibil- ity 6, p. 4472, § 2741 rema-'nders, how defeated 6, p. 4472, § 2742 the ru'c in Shelley's case 6, p. 4473, § 2713 reversion defined: what is; effect of 6, p. 4474, § 2744 4. Conditions, licstrictions, etc. estates upon condition 6, p. 4192, § 2757 conditions precedent; how created 6, p. 44!t3, § 27r)8 test as to whether conditi(m is precedent , 6, p. 4493, § 27 J8 illustrations of condition precedent 6, p. 4493, § 27.18 condition subsequent, how created 6, p. 449."), § 27 .ID illustrations of condition subsequent 6, p. 4495, § 2759 form of words creating, not material 6, p. 4497, § 27C0 construction of, "provided however," "on condition," etc 6, p. 4498, § 2760 condition subsequent not favored by courts 6, p. 4499, § 2761 construed strictly against grantor 6, p. 4499, § 2761 party bound to perform condition must do so at his peril. 6, p. 4.")00, § 2761 notice to party when necessary 6, p. 4500, § 2761 doubtful conditions are construed as covenants 6, p. 4501, § 2762 covenant not required to be in particular form of Mords. 6, p. 4501, § 2762 conditional limitation; what is, effect of , 6, p. 4502, § 2763 partial restrictions as to use to be made of property are legal and valid 6, p. 4503, §2764 condition valid, that all buildings erected on the land shall be set back certain distance from street 6, p. 4503, § 2764 that grantees should keep saw-mill and grist-mill doing busi- ness on premises 6, p. 4503, § 2764 that property should not be used for any except educational, religious, and other public purposes 6, p. 4503, § 2764 that none but dwelling-house shall be erected on land. .6, p. 4504, § 27GI that building shall not be used for offensive trade 6, p. 4504, § 2764 or shall be used only for "court-house " purposes 6, p. 4504, § 2764 that no trade or business shall be carried on in prem- ises 6, p. 4504, § 2764 that building shall be used as "dwelling-house" only 6, p. 450."), § 2764 that building shall be used for " railrond depot" oidy.6, p. 4505, § 2764 that lessee shall purchase all beer used on premises from lessor 6, p. 4506, § 27G4 condition that grantee shall not uvoinan, tliat she sliall not live witli Imsband 0, p. 4510, § 27C7 condition attached to devise to sun, that lie shall not live with or contriliute anythinc; to sn; jwit his vife. .6, p. 4510, § 27G7 condition tliat land shall not be snbjcut to attachment or levy on execution 6, p. 4510, § 27G7 conditi ms subsequent are void which are repugnant to estate granted or devised 6, p. 4510, § 2707 as devise to A. " in case he inhabits the town of U"..6, p. 451 1, § 27G7 or on condition that devisee chatige his name 6, p. 4511, g 27(J7 or on condition th;it legatee shall not contest will 6, j). 4')11, §2707 condition that grantee shall not alienate estat?, void. 6, p. 4512, § 270S condition in partial restraint of alienation, as that grantee shall not alienate for particular time or to partieilar person oi persons, good 6, p. 4512, § 276S alienation of se2)arate equitable estate may bo restrained during grantee's covt rtui e 6, p. 4513, § 27G8 devise of the income from pr.ipurty, to cease on insolvency or bankru[)tcy of the devisee, good 6, p. 4513, § 27GS any person having an interest in the condition may perform it 6, p. 4513, § 2769 performance must be within life of person or within reason- able time 6, p. 4514, § 2769 what is a good performance of a condition 6, p. 4514, § 2769 performance of condition excused where impossible, or pro- hibited by law, or party to bo benefited refuses to accept performance, or has rendered it impossible or unnecessary 6, p. 4515, § 2770 perform anee may bo waived by party who is to have benefit of condition 6, p. 4515, § 2770 acts inconsistent with claim of forfeiture sufiicient evidence of waiver 6, p. 4.')! 5, § 2770 otherwise as to mere silent a-'quiescenco 6, p. 4515, § 2770 where condition once performed or waived, grantee cannot enter for subsequent breach 6, p. 4115, § 2770 on breach of condition, p\rty having right to enforce be- comes at once entitled to estate 6, p. 4517, § 2771 but demand, refusal and entry essential, when 6, p. 4517, § 2771 who may enforce performance of conditions 6, p. 4517, § 2771 equity lia^ jurisdiction to relieve against forfeitures by breach of conditions in deeds, when 0, p. 451S, § 2772 where conditions subsequent void or impossible, grantee takes estate freed from the condition C, p. 45 IG, § 2770 EECAPTION — RECEIVEB3. 6781 Becaption. dt!li»«J 3, p. 17G3, § 1035 right of person to retake his property 3, p. 176:?, § 1().S5 to enter laud to take his property 3, p. 1701, § 10o5 Receipt. receipt in writing is only primi facie evidence of payment of ti^l^t 5 p. 4oo4_ §2513 al'tter where made under seal 5, p. 4-_>05, § 'lo 13 Receivers. oUjeot of appointment of receiver 7, p. fiiQl n, § 3876 duty of court on ai)plic;vtion, of appointment of 7, p. (ilOl «, g 3876 in what cases will receiver of railr-.ad be appointed. .7, p. 6102 », § 3876 power of receiver to authorize expHuditures 7, p. 61(»2 n, § 3S76 power of receiver to issue receivers' certilieates 7, p. 6102 n, § 3876 receivers' certificates are not negotiable 4, p. 2585, § 1453 right of reot iver to sue in for.ign states 7, p. 6102 n, § 3876 rii^ht of, subordinate to rij^ht of local creditors as respects property within jurisdiction where such a suit is brought 7, p. G102 «, § 3876 receiver of railroad not liable for damage caused by negli- gence in operating road 2. p. 1012. § 56S; 7, p. 6103 n., § 3876 but company not liable except as common carrier... 7, p. 6103 n, § 3876 person bringing suit against receiver without consent of court, guilty of contempt 7, p. 6103 n, § 3S76 practice in suing receiver 7, p. G103 n, §3876 receiver of corporation is not its servant 1, p. r>17, § 2!)5 infant cannot be receiver 2, p. 1497, § 824 in bill by infants against guardians for account and payment the court may appoint receiver to collect 2, p. 1607, § 888 receiver empowered by court to discharge mortgage author- ize I to receive payment and satisfy mortgage even before due 6, p. 4961, § 3056 right of receiver to assets of estate not actually in his pos- session not such jiM in re as will enable him to main- tain trover for them with lut leave of court 7, p. 5670, § 3G64 where mortgagee has ju.st ground fur apprehending loss or injury to property, receiver may be appointed before breach of condition 6, p. 5014, § 3035 statute as to winding-up nation d banks does not oust courts of power to appoint receiver upon judgment credi- tor's bill 2, p. 891, § 519 corporate existence of bank not dissolved by appoint- ment of receiver 2, p. 891, § 519 statutory provisions as to appointment of receiver for national bank 2, p. 891 w, § 519 receiver an " officer of the United Statis " 2, p. 891 », § 519 but iloes not represent government so that, by suing re- Lawson R. & B. —4,Ti- 6782 BECEIVERS — REFOBMATION. Keceivers— (Continued.) ceiver and comptroller, judgment may be obtained against it 2, p. 891 n. § 619 receiver represents bank, stockhol lers and creditors. .2, p. 891 w, § 519 holds the same title to assets uf bank that bank held. . . .2, p. 8'Jl n, § 519 may sue for debts due bank, either iu his own name as re- ceiver, or in name of bank 2, p. 891 n, § 519 may sue for an ordinary debt without being instructed so to do 2, p. 891 n, § 519 receiver directed to sell the assets on such terms and in such manner as he deems best for the interest of all concerned ; has no power to exchange, barter, or trada assets 2, p. 891 n, § 519 debtor, when sued, cannot inquire into the legality of appointment of plaintiff as receiver 2, p. 891 n, § 519 to enforce personal liability of stockholders, suit can be instituted by receiver only, by direction of comp- troller 2, p. 891 n, § 619 Recitals. See Deeds, 2. in statutes, construction and effect ot 7, p. 6913, § 3763 in guardian's bond of fact that he is guardian, binding both upon himself aud upou surety m action ou bond. 2, p. loOo, § 882 Becording. of deeds, see Registration. Becrimination. See Divorce, 4. Bedemption. See MoiiTOAOES, 8. Be draft. re-draft; what is, rights and liabilities 4, p. 2741, § 1577 Be exchange. re-exchange; what is, and how ascertained 4, p. 2741, § 1377 Beferees. See Arbitration and Award. Beformation. deed may be reformed by equity on ground of mistake., 5, p. 3S76, § 2308 mistake may be corrected in defective couveyau e 5, j). 3S7G, § 2306 where deed has been lost, execution of another may be decreed 5, p. 3877, §2306 equity will reform misdescription in conveyance 5, p. 3S77, § 2306 equity has power to correct mistakes in wills 6, p. 3S77, § 2306 cases in which equity will reform instruments 5, p. 3877, § 2306 cases in which equity will not reform instiuments. . ... .5, p. 3878, § 2307 where insured Hnds that policy, by mistake or fraud, does not express real agreement, he may apply to equity to have it reformed 6, p. 35G2, § 2092 REFORMATION — REGISTRATION. 6783 Beformation— (Continued.) power of court to reform contracts between attorney nnd «.''*"* 1, p. 345,§ 206 by auctioneer in enttring vendor's name will be corrected in ^ «^l"'ty l,p. 374,§ 219 Begistration. 1. NllTICE OF Reotstkred Deed. 2. Notice of Unregistered Deed. 1. Notice of Registered Di-ed. deed to be wholly valitl must be recorded 5. p. 3S20, § 2278 registration is constructive notice of contents of deed.. 5, p. 3820, § 227S; 5, p. 3S22, § 2279 registration laws of state do not apply to disposition of lands belonging to United States 5, p. 3S20 n, § 2273 to constitute record of deed constructive notice essential that it be an instrument affecting legal or equitable title to proi)erty 5^ p. 3520, §2278 of void instrument, record is void 5, p, 3821, § 2278 instrument must be one legally recordable 5, p. 3821, § 2278 inatruuieut must be properly recorded 5, p. 3821, § 2278; 5, p. 3327, § 2279 record of deed of land lying in different counties, or where boundaries have been changed 5, p. 3S22, § 2278 notice is only to those who claim through or under the same grantor by whom recorded deed was ex- ecuted 5^ p. 3822, § 2279 registry of mortgage is notice of such mortgage to subse- quent purchasers and mortgagees 5, p. 3822, § 2279 but recording of second mortgage is not constructive notice to mortgagee under first recorded mortgage 5, p. 3822, § 2279 not nee ssary that record should contain complete chain of title 5, p. 3822, § 2279 subsequent destruction of record by fire does not affect *i*le 5 p. 3823, §2279 one with actual notice of deed takes subject to it. without regard to its being defectively executed or impn.per- ly recorded 5, p. 3323, § 2279 record is notice only of what appears on face of deed, or to which it naturally points 5, p. 3823 § 2279 record of a mortgage ceases to be notice after mortgagee has entered satisfaction, though induced to do so by fi'aud 5, p. 3824, §2279 recording by clerk of instrument to which he is a party does not avoid registry 5, p. 3304, § 2279 effect of non-payment of fee or tax for registration 5, p. 3S24, § 2279 index to records bar for notice 5, p. 3S25, § 2279; 5, p. 3835, § 2281 date of recording of instrument, proof of 5, p. 382j, § 2279 6784 REGISTRA.TION — RELATIVES. Registration— (Continued. ) what is ^'iiocl (lul very to recordinT ofiifcr 6, p. 3?,2B, § 2279 deed registered after time limited by statute 6, p. 3S2G, § 2279 liability of t;rantce or mort^jagce for error or neglect of re- coiling (ifHcor 6, p. 3S:it. §2281 liability of attorney for omitting to record mortgage. . . 1, p. 302, § 180 statute as to recording mortgages embraces deeds of trust 4, p. 3330, § 1983 conveyance of shares in a corporation not within recording acts, record does not charge with constructive notice .1, p. 771, § 464 registration of bill of sale of ship 3, p. 2513, § 1420 chattel mortgage may be filed to be effective against third parties 6, p. 5003, § 3081 but valid between parties without filing 6, p. 5003, § 3081 when chattels are transferred to mortgagee, filing not neces- sary 0, p. 5003, § 3081 in what plaie must registration be made 6. p. 5003, § 3081 at what time must registration be made 6, p. 500t, § 3081 refiling, when necessary; effect of 6, p. 500 i, § 3031 effect of certificate of otfijer as to registration 6, p. 500 "», § 3081 precedence of unrecorded mortgage 6, p. 5u07, § 3082 actual notice of mortgage, what is; effect of G, p. 5007, § 30S3 2. 2iotlce of Unregistered Denl. registration nob requisite to validity of deed between parties 5, p. 3827, § 2280 nnregistered deed void only as to creditors and subsequent bona fide purchasers without notice 5, p. 3827, § 2230 notice is either express or implied, or actual or construct- ive 5, p. 3S2S, §2280 actual notice must be given by some person interested in property, and in course of negotiation 5, p. 3823, § 2230 notice is not necessarily knowledge of entire contents of deed, but rather notice of its existence 5, p. 3828, § 22S0 actual notice must be clearly proved 6, p. 3329. § 2280 what is constructive notice 6, p. 33-9, § 2280 possession of property, when constructive notice 6, p. 3831, § 2280 notice to agent when notice to principal 5, p. 3833, § 2280 notice to attorney, when notice to client 5, p. 3833, § 2230 where person purchases for valuable consideration with notice, from person who bought without no ice, he may shelter himself under firdt purchaser 5, p. 3833, § 2230 Beg^ulation of Commerce. See Constitutional Law, 8. Relatives. See Hu.sBAND and Wife; Parent axd Cittt.d. services rendered by near relatives presumed gratuitous. . 1, p. 445, § 249 BEINSUKANCE— BELIGION. C785 Beinsu^ance. See l.NSCKANCE, 1, Belease. See also Contracts, 11; Peeps, 1; TrsrissTON; Shretysiiip AND GUARASTV; JOINX AND ."EVKKAL LlAJlILITIKS. what is a release 5, p. 423S, § 2574 release uinler seal operates as an estoppel ajrainst the party executing it 5, p. 4-23S, §2574 cause of action accruing from a Lreaeh of covenant cannot be discharged short of a release 5, p. 42.'58, § 2574 form of and requisites of release 5, p. 4-_>38. § 2575 ■where release required to be under seal 5, p. 4l*3S, S 2575 release under seal, in equity 5, p. 4-3!), § 2575 sealed release cannot he varied by parol 5, I>. 423!), g 2575 release implied from delivciing up or destroying security. 5, p. 4231), § 2575 a release imports a seal 5, p. 423!), § 2575 release of debt discharges all securities held by creli- tor 5, p. 4239, §2576 cannot operate to extinguish or defeat future rights or cl.iims 5, p. 423!), §2576 release in general terms may be qualified by recitals or other matter in deed 5. p. 4239, § 2576 covenant not to sue is eqiiivalent to a release 5, p. 4240, § 2577 aliler where only for a limited period 5 p. 4240, § 2577 release of and by co-debtors and co creditors 5, p. 4241, § 2578 See Joint and Several LrAUiLiTiEs. implied ^jower of attorney to give release 1, p. 290 § 173 construction of "release " in authority to agent 1, p. [)(>, § 64 extinguishment of pledge by release 4, p. 3013, § 1777 deed of trust cannot be rel ased by part of grantees only 4, p. 33S0, § 1933 cestui que trust may by a release or confirmation prevent himself from taking proceedings against trustees for breach of trust 4, p. 3476, § 2035 but not binding on him unless he had full knowledge of facts of case 4, p. 3176, § 2035 a release of one wrong-doer a release of all, though release stipulates that others shall not be discharged. . .3, p. 1775, § 1044 a release by creditor of stockholder's Imbility for debt, by in- strument under seal, discharges corporation 1, p. 836, § 498 Beliction. See Waters and Water-courses, 2. Beligion. riglit of parent to interfere with rights of consciencn of child 2, p. 147% § 815 religion as an imjiediment to marriage 2, p. 1297, § 705 joining an immoral religious sect, cause for divorce S, p. 1442, § 787 6786 KELIGIOUS SOCIETIES. Religious Societies. See also I'liws; Taxation. in the United States are ordinary associ'ationa 3, p. how incorporated 2, pp. li>l)'J, name of, right to change name 2, p. the "church" and the "society" diatiiiyuishcd.2, pp. 1094, majoiity of members have right to control 2, pp. lOO.'i, powers of religious societies 2, i)p. 109(j- liiibilities of, for services rendered 2, p. trustees of, rights, powers and duties of 2, pp. 1 101- of other officers 2, p. membership, how acquired and forfeited 2, pp. 1 lOG action will not lie by member against one disturbing him in his devotions by loud noises, singing and talking. 2, p. sexton may remove from church undertaker who persists in conducting a funeral there in violation of rules. .2, p. member of church cannot be expelled without notice and hearing 2, p. expelled member may sue for share of property 2, p. maiidumus will not lie to compel religious society to restore to membership one who had been expelled by decree of church judicatory 2, p. 1109, § GIG; 2, no action will lie against trustees of society for expulsion from church 2, p. session of church not liable to an action for libel for expel- ling person from membership for falsehood 2, p. schisms and divisions; right to property 2, p. voluntary subscriptions to church, when recoverable. . .2, p. duties, rights and liab lities of pastor or priest 2, p. pastor has right to enter church on all occasions set apart for divine worship 2, p. trustees may be compelled by mandamus to admit a minis- ter duly appointed 2, p. injunction will lie to prevent closing doors of church against pastor 2, p. injunction will lie to restrain clergyman from usurping of- fice and using church edifice 2, p. minister cannot be enjoined from receiving voluntary con- tributi(ms, even though tleposed by ecclesiastical ju- dicatory, 2, p. pastor may recover salary by action 2, p. even where his election was illegal 2, p. term of pastor, in absence of and under special con- tract 2, p. priest cannot be prohibited from exercising his calling with- out accusation or hearing 2, p. jurisdiction of civil courts over religious societies. 2, pp. 1126- 002, § 608 093, § 608 094, § 609 095, § 610 090, § 611 09!), § 612 10 ', § 613 IO(i, § 614 lOG, § 614 lOS, § 615 107, § 615 lOG, § 614 100, § 616 109, § 616 127, § 620 109, § 616 no, § 616 110, § 617 128, § 621 122, § 619 123, § 619 123, § 619 123, § 619 124, § 619 124, § 619 123, § 619 123, § 619 24, § 619 2.5. § 619 28, § 620 609 613 RELIGIOUS SOCIETIES— REMEDUES. C787 Religious Societies- (Contiiued.) action does not liu by priest against bishop for salary while suspended 2, p. 1123, § C19 biahop not liable for money borrowed by priest for u»e of churth 2, p. 1125, § 019 decisions of ecclesiastical courts, how far binding. 3, pp. 1 l'.'(J-112S, § Gl'O persons disturbing religious meeting may be ejected with f^r^e .3, p. 1817, § 10.J9 before person can be turned out of church he should be refiuested to retire 3, p. 1817^ § 10J9 communi-rations by members of corporate bodies, churches, and other voluntary societies addressed to body or any ofTicial thereof, privileged 3, p, 2^33, § 1206 slanders on clergymen, when actionable 3, p. 224(), § 12.j5 church halls must be kei)t in s ife condition 3, p. 2006, § 11 J2 coiilidential communications between a party and his profes- sional adviser, whether legal, medical or spiritual, privileged 3, p. 0305^ § 1094 charge by priest against member of congregation, made from pulpit, not privileged 3, p. 2326, § 1234 Bemaindsrs. See Real Property, 3. Bemedios. against railroads, see Railroads, 6. of widow for dower, see Husband and Wife, 9. for injuries by water, sci Waters and Water- coJRSEa, 3. See Insurance, 4. for obstructions of easements, see Easements, in award, see Arbitration and Award, 3. under statutes, see Statutes, 3. for breach of ordinance or by-laws, see Municipal Cor- porations, 3. See Actions; PLEADiNa and Practice; Statutes; and the different special titles. by act of party, abatement of nuisance 3. p. 1 757, § 1 033 self-defense 3, p. 17()3, g IU34 recaption 3, p. 1703, § 1035 refusal 3, p. Hfi.'j, § io35 entry on land 3, p. 17(50, § 10.33 distress of cattle, damage feasant 3, p. 1 706, § 1037 distress 3, p. 1706, § 1038 remedy by action for tort 3, p. 1766, § 1039 remedies upon contract regulated by law of what place. 7, p. 5806, § 3734 remedies of moitgagee of chattels after breach of condi- tion , 6, p. 5015, § 3085 remedies against corporation for refusing to allow transfer of stock 1, p. 774, §466 C788 REMEDIES— RETLEVIN. Bemedies— (Continued. ) riyht of inortyageo, in addition to bringing suit to foreclose, to maintain ejectinout aiU-r cuuditinn bn21, § 3039 when action of, will fail 7, p. o(i_'l, § 3039 replevin distinguished from detinue, trover 7, p. 5G21, § 3G40 code action for recovery of personal property is substitute for replevin and detinue 7, p. 5G22, § .3041 statutory requisites must be followed 7, p. 5G'J2, S 3(1(1 in what cases action of replevin will lie 7,]) '';2."! 3()42 in what cases action of replevin will not lie 7 , § 3G43 right to possession of the property essential 7 ..o, § 3()'44 who may and may not bring actic >n 7 r)ii2S, § 3(!45 what property may and may not be replevied 7. p. .>ii31, S ;,ij46 demand, when necessary in action of replevin 7, p. 0034, > .i()47 what is and is not a good defense to actiuu of rejilevin. . .7, p. 5037, ^ 3048 ' BErLEVIN— IlEaTAUnANT-IiEEPEIl. C789 Beplevin— (Continued.) lucasun o 2 exemplary diiiiiages, when ttllowiil 7. i>. .">t>4.'i, {j 3(152 the replevin bond; form, rc(iiiisitis and ^fl'ect of 7, p. i047, § iiG04 And aoe Sukktysiiip and (Juauanty. on dissolution of voluntary aBsouiatinns trusteeii cannot maintain replevin agiiinst member to rueovcr conimon I"""PtTty 2. p. lOTo, 9 COO husband • liable in replevin for wife'H unlawful de eiiiiui of another's chattels under claim of title 2, y. 132D, § 7:29 Reply. See Pleapin'o AND Tractick. Bepreseutation. Seel.NsuHANCK, f; In.scrance, 2; False Represen-tatioxs; \VARKANnii.S. Bepriaal. defined and illustrated 3, p. 17C3, § 1035 Beputation. See Evidence, 9. Bes Adjudicata. See .JuDCi.ME.sT3. Bescission. See False Hepresentatiov; CoNTRAfTS, 11; Release, implied power of agent to nscind contract 1. p, 113. § 72 auctioneer no authority to rescind contract 1. p. :WJ, ^ 217 power of broker to rescind sale 1, p. ."jy.j, ^ 224 stockhohler cannot rescind contract tf subscription 1, p. 750, ^ 455 Beservations. See Ea.semknts. effect and construction of reservations and exceptions in deeds of real estate 5, p. 3349, § 2293 Besidence. See also Domicile. residence as a qualification to hold ofTice 7, p. oflSO, § 3S02 non-resident not elig ble as attoriiey-at-law . . 1, p. 20!*, ^ 127 attorney bringing suit for non-resident 'Uue for costs. .1, p. 255, § 153 attorney's authority revoked by removal from state 1, p. 278, g IGS; 1. p. 270, § 1C5 non-resident will not be appointed guardian 2, p. l.:52, § 855 good cause for removing trustee or committee of lunatic, that he is not resident of state 2, p. 1547, § 848 residence of corporation is in state which created it and in place where principal office is 1, p, 613, § 346 Bdspondentia. See Ships anh Shipping. Bestaurant-keeper. See Innkeepkks, 6790 RESTRAINT OF TRADE — REWARDS, Restraint of Trade. See Co.NTKAOTS, 6. by-law in rcstiair a of trade invalid 1, p. 806, § 484 Bestrictions. See Keal Pkopertt, 4. restraint on anticipation of wife's separate estate 2, p. 13G2, § 745 Resulting Trusts. See Trusts and Trustees, 3. Retainer. personal representative entitled to give a preference to his own delits where he is himself a creditor 2, p. 1705, S 1004 executor de son tort may not letaiu for his own debt. . .2, p. 1705, § 1004 Retrospective Law. See CoNSTiTurioNAL Law, 7. Revenue. every partner is liable for violations of revenue by copart- ners 2, p. 122S, § 652 Reversions. See Real Property, 3, Revival. See Wills, 7. Revivor. of corporation , 1, p. 834, § 508 Revocation. See ArroRNEv and Client; Auctions, 2; Principal and Agent. of wills, see Wills, 7. promise to make gift not enforceable, for it may be revoked by promisor at any time 3, p. 2401, § 1327 Rewards. publication of advertisement offering rer ard for information respecting a loss or a crime, or for doing any act, is general offer to person who is able to give informa- tion asked, or do act 5, p. .^749, § 2230 acceptance by giving information or doing act constitutes a contract 5, p. 3749, § 2230 reward cannot be claimed by puui^c officer whose duty it was to do what the reward offered 5, p. 3750, § 2230 one who assists prisoner to escape cannot recover reward of- fered for information of prisoner's hiding place.. 5, p. 3750, § 2230 offer may be revoked at any time before accep anoe by per- formance 6, p. 3750, § 2230 in Massachusetts, offer is only in force for reasonable time after made 5, p. 3750, § 2230 in other states, offer continues open until revoked 5, p. 3750, § 2230 that an imlividual who claims for servic»s ilid not know of withdrawal when he rendered service, immaterial. 5, p. 3750, § 2230 wmm REWARDS— SATISFACTION. 6791 Eewards— (CoTitinned. ) person need not have notice that reward was offered if he performed the services required 5, p. 3751, § 2230 offerer may annex any conditions to reward he pleases. 5, \>. 3751, § 2230 substantial or part performance entitles person to the re- '«'a''J 5, p. 3751, §2230 finder of property entitled to no reward unless owner has expressly offered one 3, p. 2391, § 1313 where reward is offered, finder has lien on it and may re- tain article until reward is paid 3, p. 2391, § 1313 power of municipal corporation to offer rewards 7, p. G19J, § 31)40 Bivers. See Waters and Watee-cocrses, Boada. See Highways. Bobbers. See Theft. Boofs. See Waters and WATER-counsES, 5. Safe Depository. ordinary care required of safe depository 4, p, 295G, § 1729 Sailors. See Ships and Shipping. Salary. See Contracts; Offices and Officers; Ppnishment; Ser. VICES. of officer or other person an incorporeal chattel personal. 3, p. 2il3, § 1343 Sales. See AtrcTioNS; Contracts, 8; Damages; False Repre- SF.N TATIONS ; StATCTE OF FkAUDS, 6 ; SrOFl'AOE IH Transitu ; Warranties. as to lien of vendor, see Liens, 2. distinction between a mortgage, a pledge and a conditional 8*'® 6, p. 4090, § 3076 implied power of agent to ?choul " 2, p. 1 1 SO, ♦' public school " 2, p. 1 180, viaiiilnnius will lie against school officers, when 7, ]>. 63.'17. riyht of teacher to chastise pupil. .7, p. G15S n, § 3000; 3, p. 1S17, has power to expel scholar for cause 7, p. C159 n, action will lie against teacher for failure to instruct pupil 7, p. 6150 n, reasonable school regulations valid 7, p. (iloO n, unreasonable school regulations invalid 7. p. G159 h, parent cannot maintain action against teacher of jiublic school for refuiing to instruct his child as pupil. 2, p. 14S9, parent may compel public school to admit child, if unlaw- fully excluded 2, p. 1471, contract to teach school for ten months at a given rate per month, entire; nothing recoverable before end of term 1, p. 447, custom of p.aying for whole quarter, even when children are at school only part, valid 1, p. 4C9, members of voluntary association for educational purposes liable for wages of teacher hired by acting presi- dent 2, p. 1072, slanders on schoolmaster, when actionable 3, p. 2243, Seal. corporation may contract without seal 1, p. 678, indorsement of certificate of stock need not be under serl 1, p. 770. a release imports a seal 5, p. 4'230, det'd must be signed and sealed 5, p. 3793, in what way may signature be made and who may sign. 5, p. 3703, what seal is sufficient; when scroll allowed 5, p. 370i), sealing of will, when essential to its validity 6, p. 5148, Seamen. See Ships and Suippino. Sea-weed. deposited upon shore between high and low water mark be- longs to first appropriator; owner of adjacent land cannot maintain trespass therefor 6, p. 4784, Secretary. secretary and treasurer of corporation, powers o.' 1, p. 70.3. secretary and treasurer of corporation, duties of 1, p. 703, § 3009 §3909 § 633 § 633 §4034 § 1058 §3909 § 3009 §3909 § 3909 § 819 § 812 § 250 § 2G6 § 599 §1253 § 405 § 463 §2575 § 2270 §2270 §2270 §3169 §273? § 419 § 419 mmmmm 1022, § I'J-M, g 192(i, § 10-28, § 1029, § I0.30, s io;{], § l!-32, § 1033, § 1034, § 1035, § 1935, § 10.S7, § 1938, § 1110 nil 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 SEDUCTIOlJ — SERVANTS. C793 Seduction. seduction defined; elements of 3, pp. ]f)21 Becluetion alone not actionable 3, pp. 1(122 riylit of action by woman seduced 3, pp. 1924 Kv father 3, pp. ly.jQ by niotlier 3. p. by other persons 3, p. ■where woman is of age 3, r-. statutory remedy 3, p. dffen-es to suit 3^ pp. ] 930. mea- ure of dania^<»s . , 3, pp. 1 9,33. evidence, in gener 1 3, pp. 1931- in aggravation 3^ p. in mitigation 3, pp. ](j:]Q. rleadini; , 3, pp. 1937- Self defense. as to defamatory statements made in self-defense, see Slander .vxd Libel, 4. in case of animals, see Animals, 2; Spring Gun.'?. right of person to prevent injury by exercising right of .3, p. 17C3, § 1034 in case of master and servant, parent and child, husband and wife 2, p. 1471, §811; 3, p. 1763, § 1034 preventin:^ wrong-doer from committing wrongful act does not give cause of action 3, p. 1763, § 1034 defense to action of, that it was committed in self de- fense 3. p. 1809, § 1055 limits of the right of self-defense in civil actions 3, p. 1810, § 1055 no liability for uiiint-iiitional injury resulting from exetcise of right of self-defense 3, p. 1807, § 1053 doctrine that he who seeks affray resulting in homicide can- not avail himself of the p'ea of self-defense not apiili- cable to a civil s it for (Limages brought by represent- ative of deceased 3, p. 1723, § 1020 assault and battery in defense of property, real or personal, justifiable 3, p. 1812, § 1056 right to remove intruder from premises 3, p. 1812, § IO06 right to remove jjerson lawfi lly in premises, after request to leave 3, p. 1813, § 1056 person not justified in entering the land of another agninst his wdl f')r the purpose of fox-hunting 3, p. 1815, § 1056 a hackman has right to use for> e to prevent another from occu[)\irig a po>itiiin in funeral procession to which he has been assigned 3, p. 1815, § 1056 Separate Maintenance. See DivoucE, 1. Servants. See Ficllow-servant; Mastkr avti Seuvavt. G7U4 SERVICES — SHAVINGS. Services. compensation of guarrlian, see Guardian and Ward; At- TOUXEY and Client, 8; Master and Servant, I; Municipal Coupouations, 2; Pauent and Child, 2. where no rcquust, express or implieil, no contract to pay for services reudcre ), even though beneticiul to party 5, p. 37S2, § 22G1 . naere acceptance of beneficial services rendered without re- quest implies no promise to pay for Ihcm 5, p. 37S2, § 2261 no agreement can be implied from consideration performed against will of otlier party, though for his bene- fit 5, p. 37S2, § 2261 services rendered by member of family presumed to be gratuitous 5, p. 37S2, § 2261 services rendered gratuitously, or without hope of compen- sation, except hope of legacy or devise, none can be recovered 5, p. 37S2, § 2261 where services are offered in manner importing intention to be paid for them, acce^jtince raises promise to pay. .5, p. 3783, § 2262 trustees are entitled to reasonable compensation for serv- ices 4, p. 3470, § 2032 when trustees not entitled to compensation 4, p. 3472, g 2032 bailee entitled to reimbursement for services 4, p. 2940, § 171S) compensation allowed to executors and administrators for services 2, p. 1607, § 990 rights of guardian to services of ward 2, p. 1501, § 871 presumption that services of children are gratuitous 2, p. 1486, § 818; 2, p. 1495, § 823 compensation of directors of bank 2, p. 894, § 520 no implied promise to pay president of ")ank for official serv- ices, nor can he recover pi y upon quantum meruit 2, p. divorced wife can recover foi- services rendered by her to former husband before marriage 2, p. 14."9, § pastor may recover salary by action 2, p. 11 2;i, § contracts for personal services will not be enforced 5, p. 42l)0, § 2595 Settle. implied power of agent to settle 1, p. 1 1 4, § 73 construction of " settle" in authority to agent 1> P< 100, § 66 Settlements. See licsBAND AND WlFB. Set-ofi". Seo Pleading and Practice. Sewors. See Municipal Corporations, 4. Shavings. See Trees. 903, § 522 804 619 ■MfvnniMi ■2032 BHEEP — siiEiiirrs. Sheep. See Antmaisi, Shelley's Case. the rule in 0, p. 4473, Sheriffs. See SCTRETYSHIP AND GUARANTY. 1. In General— Powers and Liabilitiej, 2. Unlawful Seizures. 1. Li General— Pouters and LiahiUlies. appointment of sheriffs, how made 7, p. COlO, though appointment void, acts of sherill" valid 7, p. 60J0, riyht of sheriff to break into house to execute process. ..7, p. GO'JS. power of sheriff to make service of pmcess 7, j). Q[)2'\ cannot execute process outside of his county 7, pp. , 6027, not bound to look to judgment, the execution being his war- rant 7, pp. COJG. 6027, cannot excuse himself from the service of process because he thinks it erroneous or irregubir 7, pp. (j02(i, 6027, sheriff liable for neglect of official duty , 7, p. 6 J27, must levy on sufficient property 7. p. 6027, execution creditor not bound to point out property 7, p. 6027, sheriff leaves property in debtor's possession at his peril. 7. p. 6027, must keep goods levied on, safely 7, p. 6028, duty of sheriff to return process to upper court, wliether executed or not 7, p. 6 2S process irregular, but not void: officer not a tre3pa3i,er.7, p. C02S, C795 §2743 5 3S23 § .3823 § 3S25 § 3S25 § 3S25 § 3S25 § 3S26 §3825 § 3S25 §3825 §3825 §3825 § 3825 § 3S25 § 3S25 S3826 § 3S26 §3826 §3826 § 3826 § 3826 §3826 § 3S26 § 3S26 §3826 §3826 § 3S26 G703 EnEEIFFS. SlieriCj— (Continue rl .) aUter as to sUenlf of another county, to wliora an exocn- tioii is issuod 7, p. C023, § 3826 not neue.s<>nry tliat an executiua should reinaiu in hands of ofricer sixty days 7, p. G023, § 3826 e!ieri(r not liiblo to an action by a parby injured by his neglect to pres Tve the peace 7, p. G028, § 3826 only for his misfeasance and neglect to serve, or for niali- ciou>ly hindering or preveiiting j)]aintiff 7, p. C023, § 3826 no jmtitication for not executing process that it is irregu- lar 7, p. G028, § 3S26 liability of sh-^rirt' for making false return 7, p. C()32, § 3828 for not milking return 7, p. CUoJ, § 3839 measure of damages against sheriOT for failure to make re- turn 7, p. COr^S, § 3839 liability of sheriCF for money collected by him 7, p. 603(5, § 3830 ■herilT selling property at auction not obliged to otLeml to bid of insufficient puichaser 1, p. 372, § 218 attorney personally liable to sherilf for fee for serving or executing process which he has delivered to him 1, p. 254, § 153 eherifi' who receives assets witliout letters an adminis- trator 2, p. 1610, § 894 keeper appointed by, cannot delegate his authority. . . 1, p. 27, § 27 2. Unliicful Seizures. liability of sheriff for levying on property not that of defend- ant 7, p. 6030, § 3827 rule where property of third person is mixed with property of defendant; liability of sheriff making levy 7, p. 6030, § 3827 two corporations of same name; sheriff levying on wrong one a trespasser 7, p. 6010, § 3327 Bheriff liable for making exc ssive levy 7, p. 6031, § 3327 sheriff liable for levying on exempt property 7, p. 6031, § 3827 Ships and Shipping. See Carriers, 8; iNsnEANCE, f. title to wrecks and abandoned vessels 3 p. 2330, § 1312 what are " ships and vessels" 3, p. 2.547, § 1419 title to ships, how acquired 3, p. 2548, § 1420 bills of sale; registration 3, p. 2548, § 1420 mortgage of vessel 3, p. 2550, § 1 421 rights and liabilities of part owners. ..1, p. 21, § 11); 3, p. 2 50, § 1422 bottomry; respondentia 3, p. 2551, § 1423 master of a ship allowed to fl ig sailors in proper cases.. 3, p. 1817, § 1053 rights, powers, and duties of master 3, pp. 255.1-2)55, §§ 1424-1425 ship's husband 3, p. 25.57, § 1426 Bupetcargoes! 3, p. 2557, § 1427 rights and duties of seamen 3, p. 2557, § 1423 right tj wages 3, p. 2553, § 1429 wmm mmmmmm SHIPPING— SLANDER AND LIBEL. 6797 Shipping— (Continued.) what willforfoit wages 3. p. 2559, § 1430 p.lot3, rights and duties of 3, j,. o-fiO, § 1431 liability of sliip for repairs and supplies 3, p. 25G0, § 1432 employment of ship; general ship 3' j, oj,;/ g J4.J3 charter-parties 3,' p. 2,1(JI,' § 1434 demurrage . 3, p. 2.iG3. § 1434 cohsions, liability for 3, p. 2504, § 1435 lights, duty as to 3, p. 25U5, § 1436 watch and lookouts 3, p. 2500, § 1437 salvage, what is subject of 3, p. 25rJ7, § 1438 who entitled to 3, p. 25GS, § 1439 "'"T ^^ 3, p. 25.i9, H440 genera average 3, p. 25C9, § 1441 admiralty jurisdiction in general 3 p 0570 g J440 torts on the high seas '."■■V.V.3; p! 25:1,' S 1443 father may sue lu admiralty for wages of minor son as sea- "^"••, S, p. 14S4, § 818 owner is liable for acts of the crew if he provides them and controlsthem ^^ ^ 517. § 295 charterer 13 liable if whole matter is given into his con tiol for a certain term j p g^^ g gg. ship owner not liable for injury to his employee by negli- gence of stevedore in loading vessel 1° p 51 7 § 295 ships are common carriers 4' pi g^^^i § 1792 vessels must be kept safe for passengers 3 „ •>(io^ s 1 1 -.i Ship Brokers. ' ^' ' ^ """^ ^:lr^;--\ 1, pp. 390-393, § 222 authority of 1, pp. 390-393, § 222 Shipmaster. . o -^ slanders on shipmaster, when actionable 3 „ 901'} s loi^-j Ship's Husband. ' ^' ^ ^' ^ ^^^^ See Ships and Siiipfino. Sickness. See Act of God; Disease; Master and Servant 1 Sidewalks. ' See Municipal CoRPORATioys, 3, 4; Negltgence. areas under sidewalk., liability for injuries caused by. .3 p 20'>6 § 1159 householder not liable for injury to pedestrian from snow or " ' Silver. "^^"^^'^^^'^^^'^ 3. p. 2031, § 1161 See Mines and Minerals. Sleeping-cars. See Carriers, 5. Slander and Libel. See Attorney and Client, 2; Damages; Evidence; PLiADiNa 1. Defamation in General. Lawson r. & R 4J3. 6798 SLANDER AND LIBEL. Slander and Libel— (Continutid.) 2. .Slanukh. 3. LiBKL. 4. Defe.vses. It D fiimition in General. defainvtion deliued; what words are actionable 3, p. ia slauiler ami libol, iuteiit witli wliiuli words were used irrelevant. ... 3, p. no defense tliat public ition was made " in jest ". . ..3. p. mistake in publication of libel, no defense 3, p. freedom of the press guaranteed by tlie constitution; cen- sorship abolished 3, p. injunction will not lie to restrain publication of libel. .3, p. comment and criticism on public mutters 3, p. what are public matters 3, p. national and state matters 3, p. administration of justice 3, p. conduct of bench, bar or jury may be comniented on. . .3, p. privilege does not arise until the trial is over 3, p. comment pending trial a contempt 3, p. simple daily report of legal proceedings in a lengthy case is not 3, p. lonal government 3, p. public institutions 3. ly. ecclesiastical mutters 3, p, literary and aitistic criticism 3, p. fair criticisms and re* iews of works privileged 3 p. fair criticisms and reviews of pictures privileged 3, p. fair criticisms of public performances privileged 3, p. public men and public events may be criticised 3, p. defamatory words not actionable until published; what is and is not a publication 3, p. all persons instrumental in publication of libul liable. ...3, p. liability of principal for lil)el publishe I by agent 3, p. liability of partner for libel published by partner 3, p. 122b', § 650; 3, p. corporation liable for libel or slander 1, p. husband is not liable for slanders uttered by his wife when not present 2, p, session of churcli not liable to an action for libel for expel- ling person from membership for falsehood 2, p. for libel in newspaper, editor, author, publisher, proprietor, and printer, all liable, jointly or severally 3, p. liability of persons who repeat or circulate libel 3. p liability of persons who repeat or circulate slander 3, p. court will take judicial ntttice of meaning of defamatory words, when 3, p. 2175, §1223 2177, § 1224 2178, § 1224 2173, § 1224 2173, § 1225 2179, § 1225 2181, § 1227 LMS2, S 1223 2183, § 1229 2184, § 12:10 218t, § 12.30 2185, § 1230 2185, §1230 2185, §1230 2185, § 1231 218.5, § 1232 2185, § 1233 2185, § 12.34 218.5, § 1234 2181), § 12.34 21S(), § 1234 2186, § 1235 21SS, § 12.36 21!);<, § 1237 21 Ul, § 1237 2104, § 1237 634, § 367 1329, § 729 1110, § 616 2197, § 12.38 2199, § 1239 2201, § 1240 2204, §1241 SLANDER AND LIDEL. 6799 Slander and Libel— (Continupd.) det'aiiiatoi y wonis eonstnieil in their naHiral sense 3, p. 2204, § 1241 ordiuary words construed according to ordinary meanin;,'; teolmical words orlooalisius according to their techni- cal or local meaning 3^ p 220G § 1211 where a lil)ul<>us urtiole is circulated in foreign linguage, not necessary to show that it was nmk'r.stood 3, p. 2200, § 1241 meaning party intended to convey irrelevant 3, p. 22Ut), § 1241 evidence adniissilde tiiat words apparently actionable were not used in actionable sense 3, p 220G, § 1241 opinions as to moaning or application of defamatory words, when admissible 3, p. 2207 § 1241 the iniiendo, rules as to 3^ ,,, 22nS i; 1"42 the collof Ilium, rules as to 3^ p_ oo(,^ ^ pj^o certainty of charge in declaration 3, p. 221.S, g 1243 certainty as to person defamed 3, p. 2213, g 1244 who may sue for libel or slander 3, p. 2215, § 1244 2. Slander. slander, where and when not actionable 3, p. 2220, § 1245 words accusing man of fraud, dishonesty, immorality or any vicious and dishonorable (but not criminal) conduct, calculated to wound his feelings or disgrace him, not actionable y;e;- se 3, p. 22f)3, § 1205 words imputing imlictable ofTense 3, p. 2221-2235, § 1240 words imputing contagious disease 3, p. 2235, g 1247 slanilering one's calling or office 3, p. 2230, g 1 248 office or calling may be of any kind 3, p. 2237, g 1249 illegal occupation cannot be slandered 3, p. 2238, g 1250 past holding insufficient , 3^ p_ 22-11, g 1251 words im|>utiug ignorance, where learning and skill are retjuisite, actinnable 3^ p. 2242 g 1 252 or dishonesty where integrity is indispensable 3, p. 2243, g 1252 or immorality where morality is required 3, p. 2243, g 1252 or absence of any qualification necessary to prospcution of particular calling or bedding of particular office. .3, p 2243, g 1252 slanders on schoolmaster, when actionable 3, p. 2243, § 1253 on architect, when actionable 3, p. 2243, g 1253 on innkeeper, when actionable 3, p. 2243, § 1253 on servants, when actionable 3, p. 2243, § 1253 on shipmaster, when actionable 3, p. 2243, g 1253 on captain of ves'^el, when actionable 3, p. 2243, g 1253 on engineer of fire department, when actionable 3, p. 2243, g 1253 on judges, when actionvble 3, p. 2250, g 1258 on attorneys, when actionable 3, p, 2244, g 1254 on clergymen, when actionable 3, p. 2240, g 1255 on mechanics and workmen, when actionable 3, p. 2247, g 1256 on merchants and traders, when actionable 3, p. 2248, § 1257 G800 SLANDER AND LIBEL. Slander and Libel— (Continued.) ou ollicera, when actionable 3, p. 2250, § 1258 on physicians and suryeons, when actionable 3, p. 2'2.>1, § 1259 not actionable where general reputation is attacked. . . .3, p. 22r)2, § 12(»0 act referred to nnist be incident to calling 3, p. 225(J, § 1261 and must be applied thereto . . 3, p. 22.jl>, § 12G2 charge as to particular transaction not actionable 3, p. 2258, § 1263 conijiarison as to merits of professional man not action- able 3, p. 22C2, § 1264 words imputing uncliantity or adultery to woman, married or unmarried, not actionable per se 3, p. 22G5, § 1265 3. Libel libel defined; distinguished from slander 3, j). 22C6, § 1266 may be in writing on any substance 3, p. 221)6, § 1266 may be by any mark or sign conveying defamatory mean- ing 3, p. 2266, § 1266 illustrations: anagram or allegory, burning in etli^'y, carica- ture or scandalous painting, ehalk-mark on wall, gal- lows placed before a man's tloor. elli„'y, hierogIyi)luc3, ironical praise, picture, rebus, statue, notice of death of living person 3, p. 2266, § 1266 what libelous words are actionable 3, p. 2266, § 1266 any publication (not oral) which exposes person to hatred, rid- icule, contempt or obloquy 3, p. 2267, § 1267 tends to injure him in trade or calling 3, p. 2267, § 1267 impairs his standing in society 3, p. 2267, § 1267 causes him to be shunned or avoided by his neigh- bors 3, p. 2267, §1267 what are libels when published of women 3, p. 2271, § 1267 mere general abuse and scurrility not actionable, if it does not convey degrading charge or imputation 3, p. 2274, § 1268 libels on holders of offices, when actionable 3, p. 227(>, § 1269 on judges, when actionable 3, p. 2277, § 1269 on jurors, when actionable 3, p. 2277, § 1269 on architects, when actionable 3, p. 2279, § 1270 on clergymen, when actionable 3, p. 22S0, § 1271 ou journalists and newspapers, when actionable 3, p. 2281, § 1272 ou lawyers, when actionable 3, p. 2282, § 1273 on medical men, when actionable 3, p. 2283, ^ 1274 on merchants and traders, when actionable 3, p. 2284, § 1275 when libel on thing, a libel on the individual 3, p. 2286, § 1276 slander of goods, when actionable 3, p. 2293, § 1273 for trader to pulF up his own goods, and decry those of rival, no libel 3, p. 2287, § 1276 comments, however severe, on advertisements or handbills of traders, not libelous 3, p. 2287, § 1276 Blander of title, when actionable 3, p. 2288, § 1277 1269 BLANDER AND LIBEL. C801 Slander and Libel— (Continutd.) 4. Di'ffiiHi'g. See also Pr.rAniNO and PRAfTrrE. falseh.K.il of .lefiiinatory words is i)rrsiimcfl 3, j,, 2207. § 1280 onm is on defendant to prove tlieir truth 3, ,,. ._.2L)7, § 1250 truth of statement complete defense, even tliou^jli words were published spitefully and maliciously 3, p. 2297, § 12S0 where charge imputes to plaiutid' commission of a "crime, truth of rl-urge need not be piovcd beyond a reason- ., a''l« 'lf'"l't 3, p. 2297. § 12S0 defense must be specially pleaded; not admis.sible in bar under the general issue 3^ p 0295, § 12S0 justification must be as broad as charged 3,' p. 2298,' S 12S0 general charge cannot be justified by proving single 'in- , stance... 3^ ^^ .^Ogg^ g j^g^ Charge of mis-jonduct of a specilic kind not justiliod by prov- ing a similar niiHconduet 3 p 2298 § T'SO partial justification may be shown in mitigation of dam- . , /°*'^ 3, p. 2304, § 12S0 defendant may justify as to part, and plead or denuir as to , P'"'*-.-, 3, p. 2304, § 12S0 pleaofjustihcation in libel estops defendant from showing that it was published under a mistake 3, p. 2305, § 12S0 evidence in mitigation of damages that it was general op'in- " ion that facts cliargeil were true not admissible, un- less the defendant knew such general opinion. ..3, p. 2305, § 12S0 no defense to an action of slander that defendant was into'xi- . ., *'**"^ 3. p 2305, § 12S0 pnvUeged communications: absolute and (qualified privile.re . ,., distinguished 3, p. 2306, § 12SI in libel, whether communication privileged by reason of the occasion on which it was spoken, question for .. . °°°''* 3, p. 2307, §12S1 If circumstances are in dispute, this must be decided bv the u , i"'^: ■■,■■•■; -3. P- 2307, § 12SI absolute privilege for slanderous words extends to the presi- dent of the United States, and governors of diflerent . ^^*f; • ; • 3, p. 2307, § 12S2 members of legislature absolutely privileged as to everything said or written by them as such 3, p. 2307 § 12S3 whether attaches to inferior bodies possessing l^islative functions, such as municipal councils, boards of super- visors, etc., doubted 3^ p 2308, §1283 privilege not extended to words spoken unofficially. . . .3, p. 230S, § 1283 witness in a court of justice or judicial proceeding absolutely protected from responsibility for words spoken there- ''^ 3. p. 2308, § 1284 0802 BLANDER AND LIBEL. Slander and Libel— (Pontimipd.) but matter must \w |iiTtiiit'ut to tlio inquiry 3, p. 2.109, § 1284 noaction cixii liu miiiiitniiii'il .r'niiiHt jud^u for lUifiiiiiatory worils, even though mivl oinusly false 3, [>. 'J.'JIO, § 1285 immunity oxtonds to a juilyo of an inferior court, or niii'^is- tnite 3, p. 2.T 10, 8 1285 consultation of jurors in jury-room privileged 3. p. 'J.'ll I, § 1280 action will notlio for libel in grand jurors' i)rts('iitm('iit. 3, [). '2',il\, § 1280 pleadings and other papers li ed by parties in courne of judi- cial proceedings are privileged 3, p. 2.'U1, § 1287 words 8|ioUcn by counsel in judicial proceoiling privi- leged 3, p. 2314, § 1288 words spoken or written to courts martial or military eouits privileged 3, p. 2315, § 1289 qualilied privilege attaches to coniniuuication made liy jicr- son to another in pursuance of duty to society. . .3, p. 2316, § 1290 communication privileged as lietween sender and receiver may lose privilege if sent unnecessarily by postal card or telegram 3, p. 2316, § 1290 sending a libel by telegraph or postal card is a publica- tion 3, p. 2190, §1236 statements made as to character of servants, when privi- leged 3, p. 2317, § 1291 answers to private and confidential inquiries nuide as to an- other qualiiiedly privileged 3, p. 2319, § 1292 words spoken to landlord in answer to inquiries by him as to character of a tenant privileged 3, p. 2319, § 1292 other illustrations of this privilege 3, p. 2319, § 1292 information volunteered by one person to another, when privileged 3, p. 2321, § 1293 stating that communication is made confidentially, or mark- ing letter "private and confidential," does not make it privileged 3, p. 2323, § 1293 where confidential relation existing between parties, inform- ation to the interest of person to know may bo volun- teered 3, p. 2325, § 1294 an agent has right to give unasked all he knows of person who is dealing with his principal 3, p. 2325, § 1294 father, guardian, relation, or intinuite friend, may warn young man against associating with particular indi- vidual, or may warn lady not to marry particular suitor 3, p. 2325, § 1294 confidential communications between, a party and his profes- sional adviser, whether legal, medical, or s^jiritual, privileged 3, p. 2325, § 1294 charge by priest against members of congregation, made from pulpit, not privileged 3, p. 2320, § 1294 BLANDER AND LIBEL. CS03 Olander and Libel— (rontinued.) •UtuiiiLMits iiiado to olfi 'era if law for piirpnuo of (1ir any odicial thereof 3, p. 2333, § 1296 statement made \ty director of company to board ;w ; i con- duct of otiicera 3, p. 2333, § 1296 liability of mercantile aj,'eiicies for niak'n;,' untrue htate- ments concerning fliaracter, liabits, standing an.! re- sponsibility of tradesmen 3. p. 2331, § 1296 statements made in self-defense are privileged 3, p. 2.'i40, § 1297 occupier of house may complain to landlord of woikmon be has sent to repair house 3, p. 2310, § 1297 customer may complain to tradesmen of goods he supp.ies and manner in which he conducts his business.. .S. p. 2340, § 1297 owner of buihling which has been set on fire may caution persons in building against particular persons sus- jjccted of being the incendiary C, p. 2.340, § 1297 officers of society may warn iiublic against unauthoii/t-d collectors of money for them 3, p. 2340, § 1297 advertisement warning puldic against negc.tiations of notes, etc., alleged to have been stolen, jirivileged 3, p. 2.341, § 1297 one who is attacked in print or by word of mouth may re- tort in like manner 3, p. 2.341, § 1297 advertisement notifying public not to harbor or trust de- fendant's wife 3, p. 2341, § 1297 publication of reports of judicial proceedings are privile.ed, when 3, p. 2.344, § 1298 privilege extends to proceedings in the nature of trial.-, be- fore voluntary associations 3, p, 2344, § 1298 reports of proceedings of legislative body or its committee are privileged 3. p. 2349, § 1299 publication of proceedings at ordinary meetings not privi- leged 3, p. 2,3.>0, § 1300 what evidence admissible to prove malice in actions for defamation 3, li. 2.3.52, § 1 301 what evidence not admissible 3, p. 2;i.")3, § 1 301 6804 SLANDER AND LIBEL — SPECIAL DEPOSITS. Slander and Libel— (Continued.) publication of words of murderer on gallows not privi- leged 3, p. 2350, § 130O malice, if proven to exist, takes away defense of privi- lege 3, p. 2350, § 1301 burden of proof of malice in action 'or defamation is on plaintiff , 3, p. 2352, § 1301 Slander of Goods. when actionable 3, p. 2287, § 1276; 3, !293, § 1278 Slander of Title. falsely dinying plaintiff's title to property actionable. .3, p. 228S, § 1277 statement must be tort, false and malicious 3, p. 2288, § 1277 bona fide claim to property by defendant a defense. . 3, p. 22S9, § 1277 levy of execution against one person ujion lands belonging to another, and without going upon land, not action- able , ... .3, p. 228!), § 1277 noticetf)cliiinaninfria.;emintof patent, not, when. ..3, p. 2289, § 1277 special damage must have resulted to plaintiff. 3, p. 2290, § 1277 measure of damages in action of 3, p. 2291, § 1277 exemplary damages, when allowed in action of 3, p. 2291, § 1277 action fo..- verbal slander of title to laud cannot be main- tained against two persons jointly 3, p. 2291, § 1277 slander of goods, when actionable. .3, p. 2287, § 127G; 3, p. 2293, § 1278 Slaughter-Houses. when a nuisance 6, p. 4808, § 2996 Smells. when a nuisance 6, P- 4865, § 2989 Smoke. when a nuisance 6, p. 4859, § 2982 Snow. See McTNicirAL CoRroFATiONS, 4; Negligence. right of street-car company to reuiove snow from track. 2, p. 1010, § 567 scii'eriiig snow or ice to gather or remain on roof; liability of owner or occupier for injury to passer-by 3, p. 2031, § 1161 householder not liablo for injurj^ to pedestrian from snov/ or ice on sidewalk 3, p. 2031, § 1 iGl even when he is rciiuired by ordinance to remove it. .3, p. 2031, S 1161 negligence to allow snow and ice to accumulate upon plat- form of station 4, p. 3264, § 1912 Soap and Candle Factories. when a nuisance 6, p. 4868, § 2897 Societies. See Benefit Societies; Remgious Societies, Voluntary Associations. Special Agent. S';e Princii'AL and Aient. Special Deposits. Sec .'anks /»nd Banking, ,3. SPECIFIC PERFORMANCE. 6805 Specific Performance. jurisdiction of equity to decree specific performance 5, p. 4251, § 2583 written contract for sale of laud varied by parol not en- ^ , ^"'■^^'^ 5, p. 4251. § 2583 defendant may vary contract by parol, but plaintiff cannot obtain specific performance with variation 5, p. 4251, § 2583 both specific performance and damages not generally , S'"'^° ....5, p. 4251, §2584 mandatory injunctions, when decreed 5, p. 4252, § 2265 where person agrees not to do certain act, specific perform- ance decreed in form of an injunction restraining party from doing act 5, " 4053^ § gsso' author agreeing to write for, or actress agreeing to act only at certain theater, court may decree specific per- formance by injunction against acting at any other "\^''^*<^'" 5, p. 4253, § 2586 no specific performance agreed of contracts that result in mere debt, or claim to payment of money 5, p. 4254, § 25SS illustrations of contract of which specific performance will not be decreed 5^ p, 40-5^ g 0588 contracts for sale of lands generally enforced 5, p. 4256, § 2589 contracts for sale of chattels not enforced 5, p. 4050] § 2590 contracts for sale of stocks or bonds not enforced 5, p. 425?] § '^'m exceptions 5^ ^^ ^o^,^; g ^Jjj^j agreement to leave property by will may l)e enforced. .5, j.. 4258, § 2oli2 e'^iuity will .lecree delivery up of specific goods and chattels, posses-ion of which has special and peculiar value to pai ty entitled g p_ 4253^ § 059.3 specific performance decreed where there is a trust 5, p. 4-J59, ;^ 25114 contracts for personal services will not be enforced 5, p. 42()oi § 2595 contracts to build or perfon . ork will not be enforced .5, p. 4260, § 2596 contracts for sale of good \\ lii of business, when specifically enforced by equity 5_ p. 4061^ § 0597 specific performance of partnership agreement will not be 'l*^'^''*^"! 5, ].. 4262, § 259S taay be decreed of contract to be performed \-\ foreign .<=^""try 5°, ^.fj.^^ ^,.,-,,j, d.-'creting specific performance is discretionary with court. 5, p. 4Jt;2, g 2(!00 grounds for refusing specific performance 5, p. 4203, g 2601 coutract defective in essential elements of contract, or if voidable for mistake, fraud, or duress, will not be en- ^"^''^'^ 5, p. 426.3, g 2601 specific performance of illegal contract will not be de- ''•■e^l 5, p. 42G.3, § 2601 specific performance will not be decreed of contract re(|iiiriiit' the direct superintendence of court, nor where con- tract or duties to be performed are continuous. . .5, p. 4263, § 2601 (5806 SPECIFIC PERFORMANCE. Specific Performance— (Continued.) court will not execute contract in favor of plaintifT, where it has no jurisdiction to execute contract against him 5, p. 42fi3, §2602 contract so'ight to be enforced must be mutual 5, p. 4204, ^ 2602 unless coiitr\ct is binding at law 5, p. i'2Gi, § 2G02 where pl.iintiir.s incapable or disqualified from performing contract, performance not decreed 5, p. 4205, § 2603 nor wliere plaintifT himself is in default 5, p. 42G5, § 2604 nor where defendant is incapable or disqualified to perform contract 5, p. 4267, § 2605 court will not grant specific performance where doing so would operate unreasonably hard upon defendant. 5, p. 4"69, § 2606 or agretnient itself is unreasonable 5, p. 42G9, § 2(i06 or where decree would produce injustice, or would be in- equitable under all circumstances 5, p. 4269, § 2606 court will refuse specific performance of voluntary or gratui- tous contract or covenant not supported by valid con- sideration 5, p. 4270, §2607 court will refuse specific performance on ground of incom- pleteness of terms, or of uncertainty in construction or in application of terms of contract 5, p. 4271, § 260S plaintiff must prove contract by clear and satisfactory evi- dence 5, p. 4271, § 2608 court will not decree specific performance where decree would be nugatory or useless 5, p. 4273, § 2609 specific performance of contract will not be decreed where performance is impossible 5, p. 4274, § 2609 nor will specific performance of optional contract be de- creed 5, p. 4274, § 2609 where exact performance cannot be had, equity will decree specific performance, with compensation for defi- ciencies 5, p. 4274, § 2610 compensa ion on decree against purchaser 5, p. 4275, § 2611 against vendor 5, p. 4276, § 2612 specific performance with indemnity 5, p. 4277, § 2613 contract enforceable under statute of frauds will not be en- forced 5, p. 4277, § 2614 but part performance will take case out of statute; what not part performance .... 5, p. 4277, § 2614 plaintiff may lose right to speci' 'irmance of contract by unnecessary delay on h.. .; illustrations. .5, p. 4281, § 2615 agreement to arbitrate not specific. " irced 6, [>. 52,S.l, § ;<323 Siiecifio i)erforinance of an agreement to give lease 6, \>. -1575, § 2801 of sale by auction may be decried 1, p. 3,1S, § 212 to compel railroad to build depot as agreed 2, p. 1013, § 5(19 or maintain fences 3, p. 1014, § 5G9 SPECIFIC PERFORMANCE — STATUTE OF FRAUDS. G807 Specific Performance— (Continued.) of a contract to convey land for right of way 2, p. 991, § 551 courts v'ill not enforce specitic performance of contract ultra vires, at suit of corporation 1, p. C29, § 362 but where corporati ii has had bonefit, other party may enforce it 1, p. G31, § 3G5 Spendthrifts. guardianship 2, p. 1547, § 8-18 Spiritualism. See Lnsamty. belief in spiritualism does not incapacitate one to make will 6, p. 5133, §31G0 Spring Guns. riyht to set spring guns in defence of property 3, p. 190."), § ] 150 liability for injury caused by spring guns 3, p. 1995, § 1 150 Stables. stables and barns, when a nuisance 0, p. 48G9, § 2998 Stages. Sue Carrtkur, 6. stage-coaches are common carriers 4, p. 3082, § 1792 State. state or government cannot be sued in her own courts. .7, p. 59.'i3, § 3787 when officers of, may be sued 7, ]). 59 '3, g 3787 " controversies between states," what are 7, p. 5953, § 3787 state may waive its immunity and allow itself to be sued 7, p. 59.-3, §3787 but plaintiff must follow remeily provided by it 7, p. 5953, g 3787 state hable for breac.i of contract by its public agents. .7, p. 51)53, § 3787 may sue in courts of any other state 7, p. 51)54, g 3787 is not bound by statute unless expressly named therein. 7, p. 5954, § 3787 can claim no exemption from rules of Jaw a2)p!icable to con- tracts between individuals 5, p. 3973, § 23S1 is not bound to pay interest 5, p. 4U55, § 2434 has power to regulate descent and distribution 6, p. 5070, g 3111 not estopped by its grants 6, p. 4U2, § 2701 may aid construction of railroad 2, p. 9 " 1, § 538 may regulate the running of railroads 2, p. 971, g 5,38 cannot grant franchise outside its limits 1, p. 012, § 346 may become stockholder iu corporations 1, p, CIO, § 343 Station Agent. implied ])owers of 1, p. 117. § 76 Statute of Frauds. See SrEciFio Performance. 1. In Genkhal. 2. Puo^n.sETo Answer for Debt, Defaclt, etc., of Another, 3. Agreements in Consioeration of ^Iakria(;e. 4. AOKEEMENIS CONCEKNINO INTERESTS IN LaNDS. 6808 STATUTE OF FRAUDS. Statute of Frauds— (Continued.) 6. Contracts not to be Performed within a Year. 6. Goods, Wares and MEucnANDisE of Valoe of Fifty Dollars. 1. In Oeneral. statute of fr.'"»l3 in force in nearly all the states 5, p. .laST, § 2321 statute does not void such contracts as, though required to be in writing, yet are not so; only inhibits actions to enforce them 5, p. 3SS7, § 2321 does not restrict parties from a voluntary performance of parol engagements 5, p. 3S87, § 2321 a promise whi h arises by oper.ition of law not within the statute 5, p. 3SSS, § 2321 nor parol declaration of trusts in lands 5, ji. SSsS, § 2321 nor instruments created under and deriving their obligation from special statutes, without acceptance or assent of party , 5, p. SSSS. § 2321 nor executed contracts 5, p. 3SSS, § 2321 refusal of party to contract, to fulllll his promise to put it in writing not such a fraud as will take contract out of statute 5, p. 38SS, § 2321 contract required l>y statute of frauds to bo in w-riting can- not be modified by parol 5, p. 3SSS, § 2321 statute of frauds, if relied on as defense, must be pleadeil, or will be deemed waived 5, p. 3SSS, § 2321 construction of statute of frauds requiring declarations of trusts to be in writing 4, p. 337G, § 1080 verbal promise of administrator to pay debts not bind- ing 2, p. 1()S7, § 969 2. Promise to Answer for DoS7, § 23-21 !SS7, § 2321 !S87, § 2321 tSSS, § 2321 1S58, § 2321 ISSS, § 2321 ISSS, § 2321 iSSS, § 2321 ISSS, § 2321 ISSS, § 2321 !37G, § 1980 687, § im SSS, § 2322 SS!';. § 2322 88<», § 2322 SDO, § 2322 S94, § 2323 S94, § 2323 594, § 2323 W5, § 2323 595, § 2323 Statute of Frauds— (Continued.) 4. Agreements Concernimj "Jnterexlx" in Lanih. verbal contract for purchase of land never reduced to writ, iug, nor accompanied by payinent of any part of pur- chase-money, void under statute 5, p. 3895, -5 2324 what contracts are and are not witliiu phrase "lands, tene- ments, or hereditaments, or any interest iu or con- cerning them" 5, p. 3895, § 2324 if agreement entire, and part of it or sale of land, whole is within statute 5, p. ^'^Cl, 2 2324 shares of stock not an "interest in land" within stat'-'^ ot frauds ^ p. 779, § 468 authority of agent to make contract lor sa's of lands need not be in writing 1, p. 19, § 16 5. "Contracts not to be Peifurmed within a Year." statute refers to such contracts only as are incapable of be- in^' completely performed w ithiii a year 5, p. 3S99, § 2325 contracts which may be performed with'u year, or perform- ance of which depends upon continyeiuy which may happen within year, not within statute 5, p. 3899, § 2325 contract for personal services for au iudelinite period, or term of years, and wliich will terminate with death of party making it, not within statute 5, p. 3S99, § 2325 contracts which may be perfornied within year on one side only, though they cannot be performed w ithin year on other side, not witliin statute 5, ]). 3899, § 2325 performance within year will not enable party performing to sue on agreement, when performance inured to the benefit of another than other party to agreement. 5. p. 3900, § -325 contracts which by their terms are not to be fully jier- formed withiu year, Mitliiu statute 5, p. 3900, § 2325 contract which caunoi be performed within year not taken out of statute because it may be terminated or de- feated within year 5, p. 3900, § 2325 what contracts are and are not within statute 5, p. 3900, § 2320; 5, p. 3902, § 2325 6. "Goods, Wares and Merchandise^' of Vuliie vf Fi/tij Dvllnrs. different limit of value in different states 5, p. 3904, § 2326 contract for sale of articles to be manufactured, when witliin statute 5, p. 3904, § 2326 auction sales are within statute. . . 1, p. 3G3, § 216 contract for several articles, .vch less in value than tilty dollars, but all together more, within statute 5, p. 3905, § 2326 what are and are not contracts for "goods, wares and mer- chandise " within statute 5, p. 3905, § 2326 shares of stock 1, p. 779, § 408 what is "earnest or part payment of purchase-money ".5, p. 3907, § 2327 6810 STATUTE OF FRAUDS. Statute of Frauds— (Continned.) rcL^uisitus of tlie memorandum; no particular form neces- sary 6, p. 3908, § 2328 memorandum must state contract with reasonable certainty, so that it can be understood without parol proof. 5, p. 3909, § 2328 when some of the details remain to be settled, memorandum not sutRcient 5, p. 3910, §2328 contract of sale need not specify time or place of de- livery ' 5, p. 3910, § 2328 memorandum may be any kind of writinj,'; as a letter, an in- voice or bill of goods, brokers' bought and sold notes 5, p. 3910, § 2328 need not be addressed c 'elivered to other contracting party 5, p. 3910, § 2328 memorandum may consist of several writings, if they are sufficiently connected together by internal refer- ence 5, p. 3910, § 2328 evidence admissible to apply references and to identify writ- ings referred to 5, p. 3910, § 2328 illustrations of " ni'mnrandum" held sufficient and insuffi- cient in particular cases 5, p. 3910, § 2328 memorandum may be made at any time before action brought 5, p. 3913, § 2328 memorandum must show parties, promise and considera- tion 5, p. 3913, § 2329 " party to be charged " means the defendant in the ac- tion 5, p. 3914, § 2330 memor.indum must be signed by part j' charged, but insertion of the name in any juirt of wiiting sufficient 5, p. 3914, § 23"0 auctioneer may sign meinorandum within 1, p. 3(io, § 216 requisites of memorandum 1, p. 3C4, § 216 may be made by auctioue r's clerk 1, p. 3lJ4, § 216 mode of signing, initials, marJ:. printing, pencil 5, p. 3915, § 23.'iO acceptance or rectipt of goods retjuires delivery of and tak- ing possession as naatter of fact, to be decided by jury 5, p. 301.-, § 2331 what is not a sufficient (ielivery and receipt 5, ik 391(3, § 2331 illustrations: r(!ceipt and acceptance held sufficient and iu- siilficient respectively 5, p. 3917, ^ 2331 delivery of goods to carrier appointed by buyer not a deliv- ery or a riceipt within s atute of frauiis 5, p. 3919, § 2332 delivery to can-ier after acceptance will satisfy statute. .5, p. 3919, ^ 2o32 delivery to aud acceptance by authorized agcut suffi- cient 5, p. 3919, §2332 delivery to carrier who has no independent or s«^arate au- thority to a»:t for buyer in acccptiug tbrm, iusuffi- cieut 5, p. 3919, § 2332 STATUTE OF FRAUDS — STATUTES. 6811 Statute of Frauds -{Continued. ) coudtriictive delivery and receipt where goods are already in pnsseasion of buyer 5, p. 3920, § 2333 constructive acceptance and receipt where goods remain in possej-sion of seller 5, p. 3020, § 2334 delivery of sample of goods sullleient, if accepted an part of bulk 5, p. 3921, § 2335 sample given mere'y as specimen of the i,'ood.s contracted de- livered, and not as part of bulk, receipt not suffi- cient 5, p. 3921, § 2335 part or entire performance under [)arol contract takes rase out of statute 5, p. 3922, § 2336 agreement executed on one part not within statute of frauds 5, p. 3922, § 2336 money or property advanced on contract unenforceable un- der the statute of frauds may be recovered back .5, p. 3923, § 2336 Statute of Limitations. See Limitations; Mortgages, 8. Statute of Uses. See Usts. Statutes. as to pleading statutes, sec Pleading and Practice, 1. Enaci'jient of Statutes. 2. Const KUCTiON of Statl'tes. 3. Remedies Under Statctes. 4. Amendment or Repeal of Statutes. 5. Miscellaneous. 1. Enactment of Statutes. *' Jygislature " does not include governor 7, p. 5902, § 3758 construction of word " house " . . . , 7, p. 5902, § 3758 laws must be passed by bill 7. p. ."i9J3, § 3758 what is an "act;" what is a "bill" 7, p. 5903, § 3758 requirement that bill be in articles and sections 7, p. 5903, § 3753 iu whiit house m ly bills ori^'inate 7, p. 5903, § 3758 in what house may bills be amended 7, p. 5903, § 3758 must first be referred to committee and reported upon. 7, p. 590.% § 3758 courts may presume passage of act of legislature 7, p. 59i)3, § 3758 reading of bills, when required 7, p. 5904, ^ 3759 necessary vote required to pass bills 7, p. oOOl, § 37(50 8 gning of bills 7, p. 59 J5, § 3761 approval of bills 7, p. 59U5, § 3762 veto of bills 7. p. 5905, § 3762 reading liills before passage 7. p. 5912, § 3766 publication of statutes 7, p. 59U8, § 37G3 at what time statutes take effect 7, p. 5908, § 3764 •what evidence admissible to impeach t!ie valid enactment of statutes 7, p. 5910, § 3765 C812 STATUTES. Statutes— (Continued. ) oral evidence, when admissible. 7, p. 5910, § 3765 journals of the houses, when admissible 7, p. 5!)1 1, § 3705 enacting clause, construction and effecc of 7, p. 5!)I3, § 3707 preambles in statutes, construction and effect of 7, p. 5'J13, § 37(!8 recitals in statutes, construction and ellect of 7, p. .')!H4, § 3708 provisos in statutes, construction and ellect of 7, p. r)9'21, § 3770 title to statute, necessity of 7, p. 51)14. § 37G9 title may be examined in construction of statute 7, p. 5914, § 3709 title must not be broader than statute 7, p. 5915, § 3709 uonstitutionivl provision that no law shall relate to more than one subject or object, which shall be expressed in title 7, p. 5915, §3769 illustrations of statutes held to violate and not to violate this provision 7, p. 5917, § 3769 other provisions as to form of statutes 7, p. 5921, § 3771 that former statutes amended must be inserted in act. 7, p. 5921, § 3771 that no bill shall be altered or amended on its passage.. 7, ]). 5921 , § 3771 private acts, what are construction and effect of 7, p. 5992, § 3772 2. Coiidritrtion of Stulntin. intention of legislature always looked at 7, p. 5922, § 3773 thing within the intention same as if within letter of statute 7, p. 5923, §3773 in construing statute, courts will judicially notice its con- temporary history 7, p. 5923, § 3773 express provisions not controllable by opinions of legislators who passed it 7, p. 5923, § .3773 where no exceptions in statute, court can make none. ..7, p. 5924, § 3773 construction acquiesced in for long time, will not be dis- turbed 7, p. 5924, § 3773 construction put upon it by executive department entitled to great weight 7, p. 5924, § 3773 statutes in jMri miteria, or relating to same subject-mat- ter, are to be taken together 7, p. 5924, § 3773 different sections of same act must be construed to- gether 7, p. 5924, § 3773 effect must be given to every part of statute 7, p. 5924, § 3773 every part of statute must be viewed in connection with the whole 7, p. 5924, § 3773 general words in a statate must i-eceive a general construc- tion 7, p. 5925, § 3773 when general words follow specific words designating cer- tain specified things 7, p. 5925, § 3773 words are to be taken in their ordinary and popular signifi- cation 7, p. 5925, § 3773 word used having definite meaning at common law, will be restricted to that sense 7, p. 5925, § 3773 ....7 P 5910 , § 3765 ....7 I> 5!)11 § 3705 ....7 P- 5!) 1 3 §3767 ....7, P- 5913 § 37(i8 ....7 P 5i(14 § 37(J8 ....7, P- o9_'l, § 3770 ....7, P- 5914, §37G9 ....7, P- 59U, § 3709 ....7, P- 5915, § 3709 to more xprossed ....7, P- 5915, §3769 violate ...7, P- 5917, § 3769 ...7, P- 5921, § 3771 act. 7, P- 5!)'_>1, § 3771 ge..7, !>• 5921, § 3771 ...7, P- 5992, §3772 ...7, p. 5922, §3773 etter of ...7, p. 5923, §3773 its coii- ...7, p. 5923, §3773 Ljislatora ...7, p. 5923, §3773 e...7, p. 5924, §3773 be dis- . . . 7, p. 5924, § 3773 titled to ...7, p. 5924, §3773 ict-mat- ...7, p. 5924, §3773 ued to- ...7, p. 5924, §3773 . . . 7, p. 5924, § 3773 I'ith the ...7, p. 5924, §3773 mstruc- ...7, p. 5925, §3773 ng cer- , . . 7, p. 5925, § 3773 signiti- ..7, p. 5925, §3773 will be ...7, p. 6925, §3773 STATUTES. 6813 Statutes— (Continued. ) words in statute having two significations 7, p. 5925, § 3773 when the le^'i^dature has used a term without defining it. 7, p. 5925, § 3773 terms in statute understood according to ancient acceptation, or according to interpretation previously given by us- age or j udiuial construction 7, p. 5925, § 3773 terms in common use should be given coramondaw construc- tion ' 7, p. 5925, § 3773 where wonls are ambiguous, consequences of particular con- struction may be regarded 7, p. 5926, § 3773 considerations of policy enti,tled to weight only in cases of doul)t 7, p. 5026, §3773 omissions in statute cannot be judicially supplied 7, p. 5920, ^ 3773 penal statutes are construed strictly 7, p. 5920, 5; 3773 remedial statutes are construed literally 7, p. 5920, g 3773 statutes in derogation of common law are construed strictly 7, p. 5926, §3773 statute will not be construed as retrospec ive unless plainly req"i> '^I-^' -» ^y^ 'V Hiotographic Sciences Corporation ^ V ^ 4* ^x 23 WEST MAIN STREET WEBSTER, N.Y. I4SS0 (716) •72-4503 6^ 6816 STATUTES — 8UB-LETTINO. Statutes— (Continued. ) when statutriiy renieily must be pursued 6, p. 4S33, § 29G5 restriotion of innkeuper'a liability by utatute in some states 4, p. 3071, § 1788 Stay Laws. when y5 insurance against bankruptcy 5' * 3-0^.' g ."" _ 2. Bisc/uiri/e of Sureties, in General. ' " '' ' "" "^ sureties to contract of any kind are discharged by material alteration. .6. p. 4110, § 2481 creditor by giving time to or discharging principal discharges , , r1^----:--: 4, p. 2708, § 1617 absolute release of principal discharges debt and releases the ^"'■''ty 6, p. 4110 §"482 surety discharged by creditor's surrender of collateral se- curities, pro fanto or entirely, according to value of security. 5, p. 41 10, § 2482 release of pn.perty of principal on execution against princi- pal and surety will discharge latter 5, p 4110 § 0452 creditor, without the surety's consent, accepting part 'of debt, surety is discharged 6. p. 41 10, § 2482 but release may be given with express reservation of right against surety * ^,,. „„ ^ ^ .^ «. p. 4111, §2482 new agreement of any kind by principal with creditor dis- charges surety 5, p. 4111, § 2483 6820 STTRETISHIP AND GUAIIANTY. Suretyship and Guaranty— (Con cinued.) where a surety guarantees due ijerfo-^inince of office or em- pliiyuieiit or agency, miterial alteratiuu in dutieb with- out consent of surety discharges him 6, p. 4113, § 2484 sureties on builder's bond diacliarged by material change in building contract 6, p. 4113, § 2484 subntitntion of a new agreement as to the mode of re- muneration for duties and services di.scli.uges surety 5, p. 4113, §2484 if engagement be determinable in stipulated manner, sub- stitution of new mode of deterniiniFt<^ it discharg s surety 5, p. 4113, g .>484 undertaking of additional oflice or other duties, uidess materially aO'ecting or altering former, does not allect g\iaraiitee 5, p. 41 13, § 2484 concealment of acts of agent from knowledge of surety dis- charges him 6, p. 4113, § 2484 surety not dischargetl by act or conduct of cretlitor which di)es not place him in worse position than before. 5, p. 4115, § 2485 illustra'ioin of acts and dealings held not to dis( ' irge surety j, p. 41 15, § 2485 release of mortgagcor by mortgagee; extension of time to pur- chaser of equity releases mortgagcor 6, p. 4938, § 3044 holder giving time to or discharging maker of note discha'ges surety 4, p. 2798, § 1617 surety on note discharged by judgment in favor of maker on account of illegality of note 4, p. 2799, § 1617 not discharged by usurious agreement between maker and payee for extension of time 4, p. 2799, § 1617 upon death of one of makers of joint note who signed as surety only, his estate discharged from liability on note 4, p. 2799, §1617 pnma facie, acceptor of bill is jirincipal debtor, and drawer and indorsers are sureties 4. p. 2799, § 1617 drawer of a bill is princi[)al as regards indorsers, and tirst iudorser is principal as regards second and subsetjuent indorsers 4, p. 2799, § 1617 evidence admissible to show real relationship of parties. 4, p. 2799, § 1617 one executing note, apparently as principal, but really as surety, not discharged by agreement of surety with principal for extension of time of payment 4, p. 2799, § 1617 purchaser of overdue j'int and several note not bound to inquire whether any of makers are sureties 4, p. 2799, § 1617 3. Suhmyation avd Contribution. Burety is entitled to benefit of all securities for debt which are available for his indemnity 6, p. 494(5, § 3049 an assignment of security not necessary 6, p. 4946, § 3049 4113, §2484 4113, § 2484 4113, §2484 4113, § .?484 4113, § 2484 4113, §2434 4115, § 2485 4115, §2485 4938, § 3044 2798, § 1617 2799, § 1617 2799, § 1617 !799, § 1617 !799, § 1617 7!»9, § 1617 799, § 1617 799, § 1617 799, § 1617 )4(), § 3049 )46, § 3049 SURETYSHIP AND GUARANTY. G821 Suretyship and Guaranty— (Continued.) surety who pays debt, and takes a conveyance of all credit- or's interest iu land mortgaged to secure it, becomes mortgagee 6, j,. 4916, § 3049 knowledge of the existence of tlie security when the suiety incurred liability uot ne essary 6. p. 494G, § 3049 upon paying one of several bon-ld, surety becomes entitled to be subrogated to projiortionate part y way of indeninity, crrditor is entitled to benetit of it 6, p. 4910, § 3019 surety who pays mortgage debt cannot foreclose, when. 6, p. 4917, g 3049 accommodation parties to bills and notes not co-sunties and not entitled to contribution. 4, p. 2771, § 1594 4. Ailminu*o" 4, p. 3407, § 2001 failure to give, or defect in bond, does not affect assign- '"ent 4^ p 3407^ g oqoi conveyance of property by assignee before filing bond v"^'} 4, p. 3407, §2001 provisin in assignment that assignee si. ill not be required to give a bond, as provided by statute, avoids it. .4, p. 3407, § 2001 assignee can procure insurance on property before tiling ^on'^ 4, p. 3408, § 2001 6. Attachment Bonds. bond required before issuance of attachment in most st'^tes 7, p. 5514, § 3539 voluntary bond not required by statute is good as common I'^w'^oid 7, p. 5514. §3539 deposit of money cannot be taken in lieu 7, p. 551 4^ § 3.-,39 form of bond in general 7, p. 5514] §3539 6822 SURETYSHIP AND GUAIUNTT. Suretyship and Guaranty— (Continued.) attuuliincnt issued and executed before filing bond, de- fective 7, p. 5514, §3539 failure to file bond, no ground of demurrer to cause of ac- tion 7, 1.. 5r,14. § 3539 statute fortn for lioud, must be strictly followed 7, p. 5515, § 3539 bond must l>e sealed 7, p. 5515, § 3539 no objection that condition is written beneath signs and seals 7, p. 5515, § 3539 need not be given in presence of nor approved by magis- trate who issues attachment 7, p. 5515, § 3539 giving of attachment bond does not take away action for malicious attachment 7, p. 5515, § 3539 bond gives defendant remedy where no malice existed 7, p. 5515, § 3539 who nmst execute bond 7, p. 55 1 5, § 3540 how many sureties required 7, p. 5516, § 3541 each surety must qualify for whole amount 7, p. 551fi, § 3541 insufficiency of surety does not render writ void 7, p. 5516, § 3511 surety must reside within jurisdiction of court 7, p. 55l(>, § 3541 who must be the obligee of bond 7, [>. 551 0, § 3542 in what amount must bond be given 7, p. 55 1 (!, § 3543 when defects in bond must be taken advantage of 7, p. 5517, § 3544 amendment of bond, when allowed 7, p. 5517, § 3545 defendant alone may sue on bond 7, p. 5518, § 3546 no action lies on bond until attachment has been dis- charged 7, p. 5518, § 3546 unless defendant was not served, and proceeding was rx parte 7, p. 5518, §3546 to maintain an action on bond, damages have not Hrst to be recovered in distinct action 7, p. 5518, § 3546 when is attachment wrongfully issued or obtained 7, p. 5518, § 3546 judgment in favor of defendant must be showu 7, p. 5518, § 3546 if plaintiff in attachment believed in existence of facts, at- tachment is not wrongful 7, p. 551 9, § 3547 belief immaterial where ground diil not exist 7, p. 5519, § 3547 presumjjtion that attachuient was rightfully sued out. .7, p. 55'20, § 3548 dissolution 39 5515, § 3539 5515, § 3539 551.-), § 35.39 5515, § .35.39 5.-) 1.5, § .35.39 5515, §3540 5516, § 3541 .5510, §,3541 55 1 G, § .3541 .55 1)5, § .3.541 .55ir>, § 3542 55 K;, § .3.543 5517, ? .3.544 5517, §.3,545 5518, § 3546 5518, § 3546 5518, §3546 5518, §,3546 >518, § .3546 '518, § .3540 519, §.3547 519, § 3547 i5'-'0, § 3548 '520, § 3548 521, § .3.549 521, §.3549 523, § 3551 556, § 3579 593, § 881 593, § 881 594, § 881 suKETYfiHip AND guara:;ty. 6823 Suretyship and Guaranty— (Continued.) sUtute requiring b(.iul from t'u.inli.in empoM-erefl to soil ward's proijerty not SiitisHed by givii g of undur- ^^'"S 2, |.. 1594, § 881 anproductive 8uit on guardian's bond not an estojipcl upon wanls fc.r recovery of projicrty, or value 2, p. 1.594, § 881 neces8.iry recitals and stipulations in gii.irdi,in'.s bond. .2, p. 1594, § 882 bond vali.l altliouj,'h conditions not aoconliny to re. 1.VJ5, § 882 nor that it is delivered to judge on day before his ap- pointment 2, p. 1595, § 882 bond of guardian not void because signed and acknowled^^eil previou>ily to granting of onler appointing 1 im. ..2, p. 1595, § 882 if sureties sign bond, not essential thrt guardiin sliould h.ive si-jned 2, p. 1595, § 882 statutory bonds auper-idding conditions contrary to statute or not re(iuired by it, void as to the former, but valid as to latter 2, p. 1595, § 882 bond omitting material parts of statutory conditions \ alid as to what remains 2. p. 1 505 § 88'^ bond void at law enforceable in ecjuity .2, i). 159,5, § 882 recital in a guardian's bond of fact tiiat he is guardian i)ind- ing both upon himself and upon surety in action on ^""•1 S, p. 1595, § 882 court may relax rule as to amount in which sureties shall justify where estate is very largo 2, p. 159G, § 882 husband of guardian not competent surety for her 2, p. 15!(i;, § 882 suit may be brought on bond before infant comes of age. 2. p. 159(j, § 882 bond covers all estate of ward within guardian's possession or knowledge 2, p. 1590, § 883 covers property outside of jurisdiction 2, p. 159(1, § 883 action cannot be brought against guardian until after pio- ceedings to account 2, p. 1597, § 884 guardian's settlement and discharge res adjiiilirota 2, p. 1597, § 883 several distinct breaches of bond may be joined in one com- pJa'»t 2, p. 1.597, § 883 damages cannot be assessed beyond penalty of bond. . .2, p. 1597, § 883 sureties on guardian's bond liable for all property coming in- to his possession 2, p. 1597, § 884 liability does not cease with di ath or resignation of guard- '^^^ •••• 2, p. 1.597, § 884 extends to money in his hands at time giving of bond. 2, p. 1597, § 884 guardian accepting from predecessor an uncolluctable note 2, p. 1598, § 884 682i SURETYSHIP AND GUARANTY. Suretyship and Guaranty— (Continued.) consent of Wiinl no excmu for inisapijropriation 2, p. 159S, § 8S4 guardian'.s givin;^ second bond doo4 not release sureics on first a, 1). Ij:)S, § 834 now sureties liable for bruaclies of bond before they become sureties, as well as 8ubse(juent bre.aolius 2, |i. 15')S, § 884 surety disdiargetl, does not release him from liability' which accrued on bon, § 884 sureties not liable f.r past defaults. .2, p. laOO, § 881; 2. p. 10U2, § 8S5 suit may be brought ou bond of guardian by either ward or creditors 2, )). 15D9, § 884 ward may maintain bill against guardian alone tocompil set- tlement of guardian.ship 2, \). 1500, § 884 sureties may bo sued witliout first suing guartlian 2, p. l.")!)0, § 884 guardian and sureties may bo joined in the same suit. . .2, p. IGOO, § 834 sureties liable for mouey imprudently loaned by guard- ian 2. p. IGOO, § 884 where on order for sale special bond is given, and guardian does not account, the sureties on special bond, and not those on the general bond, liable 2, p. IGOO, § 834 in absence of fraud, sureties on bond eouoludod by final set- tlement in probate court 2, p. IGOO, § 884 sureties not liable for property unlawfully received by guard- ian 2, p. 1G02, § 835 nor for work and labor done by ward for guanlian. . . .2, p. 1G02, § 885 nor for non-payment of a note given by guardian for board and tuition of ward 2, p. IG02, § 835 heirs of a deceased surety on guardian's bond not liable jointly with prinei|)al on bond 2, p. 1C02, § 885 ward after majority failing for an unreasonable time to bring suit on bond, sureties are disciiarged 2, p. 1G02, § 835 surety can make only the same defenses to ward's action that principal could 2, p. IG02, § 885 8. Injunction Bond. statutory bond must be given 7, p. 5789, § 3704 bond is governed by statute iu force at time of execu- tion 7, p. 5789, § 3704 where conditions are prescribed by statute, any in execsn are not binding 7, p. 5789, § 3704 injunction granted ou " u^ual '•.erms " means after giving of bond 7, p. 5789, § 3704 in absence of statutory conditions, court may proscribe them 7, p. 5789, § 3704 failure to give bond no ground for refusing final decree.. 7, p. 5789, § 3704 , p. 1593, § 834 on . p. \r>lS, § 884 tiio , p. 1508, § 884 ich . p. 1508, § 884 , p. 15118, § 884 to p. l'nf>, § 834 , It. 1G02, § 885 or p. 151)9, § 834 Bt- p. 1509, § 884 p. 1509, § 884 p. IGOO, § 884 •a- p. ICOO, § 884 nn ul p. IGOO, i; 834 t- p. IGOO, § 884 1- p. 1002, § 835 p. IGU2, § 885 d p. 1G02, § 885 !e p. 1002, § 885 g p. 1G02, § 835 ). 1002, § 885 ). 6789, § 3704 •• 5789, § 3704 '. 5789, § 3704 r » • 5789, § 3704 I • 5789, § 3704 • 5789, § 3704 SURETYSHIP AND GUARANTY. (5825 Suretyship and Guaranty -(rontiniied.) insiitlicifiicy of bond no ground for dissolution 7. p 57S9, § 3704 no piirticuliir sum neeil lio inciitionod in bou:$d. §3704 whero sureties do not join in appo:il, validity of bond c.muot bu (luestioned in appellate court 7, p. old'O, § 3704 methods for ouforoeinent of obligations of sureties on injunc- tion bonds similar ta tlioso relating to sureties on Other bonds 7 j, 5;g0, § 3704 in doubtful cases construotion will be put upon bond m.re favorable to obligor 7, p. 5790, § 3704 parol evidenuo not admissible to add to, vary, or contra- diet liability of surety on bond 7, p. 5790, § 3704 sureties are bound by deeree in injunction suit, and eau- not attack its validity 7, j,. 5790^ § 3704 *cti(m at l.iw is means of enforcing suretiea' liability. .7, p. 5790, § 3704 until sued on bond sureties have no such interest in original suit as entitles them to prosecute an ap- , P^'^' 7, p. 5790, § 3704 action lies by defendant a^'ainst v»hom injunction has been improperly issued, in addition to remedy on bond. 7, p. 5791, § 3704 action on bond accrues immediately on fadure to comply with conditi.ms 7^ p. 5791, § 3704 must be linal determination of cause in which injunction is- .■"•'^ 7, p. 5791, § 3704 no action can be maintained during pendency of an appeal from a decree dismissing suit 7, p. 5791 § 3704 where pliiintiDF voluntarily dismi-ses his suit after obtaining preliminary injunction, defendant's action on bond ac- crues at once 7. p 5791. §3704 no action will lie until injunction actually in force 7, p, 5791, § 3704 nor where injunction suit discontinued by agreement. 7, p. 5791, § 3704 merits of injunction suit cannot be iuciuired into in an action on bond after dissolution 7^ p, 5791^ § 3^04 action may be maintained upon bond, notwithstanding that bill for an injunction was dismissed for want of pros- f"*'"° 7. p. 579), § 3704 demand of payment not necessary before bringing suit. .7, p. 5791, § 3704 question whether plaintifl's obeyed or disobeyed writ imma- ^. *^''''\ 7, p. 5791, §3704 practice and mode of assessing damages on injunction ^'"''\ 7. p. 5791, § 3704 damages subsequent to final degree not recoverable th.mgh reversed on appeal 7^ p, 5790 g 3704 measure of damages in action on injunction bond 7, p. 5793, § 3704 remote and consequent damages not recoverable 7, p. 5733^ § 3704 0826 SURKTYaillP AND GUAIIANTY. Suretyship and Guaranty— (Continued.) touiisel feos wliuu reuovorahlo 7, p. {5795, § 3"04 0. OJirial liimiU. oiliuer miiiit give statutory bond before entering on of- fice 7, p. 508.1. §3S05 and nuist show that bond w.i8 duly aj^jroved 7, p. S'.'S.'J, § 3S05 oflioor tdocted for new term, old suiutiui not liiil)lo. . .7, p. oDS.t, § 3805 ■urutiea oannot sot up tliat bond was delivered on condi- tions thiit were not performed 7, p. 5'.)S;<, § ;ivS05 unless obliyee had notice of such conditions 7, p. 5!)SH, § USOo giving of bond ii adnii.sHion of appointment to oflico. .7, p. 51)84, § 3803 bond Hubstantiully in conformity with statutes is a good statutory bond 7, p. 5984, § 3S03 liability dates from time of delivery, and not of lueept- anco 7, p. 5?84, §3805 essential that bonds should be duly delivered and ac- cepted 7, p. 5984, §3805 sureties cannot set up that its approval by proper oUicer was defective 7, p. 5984, § 3S05 when approval a judicial and when a ministerial act. . ..7, p. 5985, § 3805 duty of jud;j;e to examine su^«picious circum.stances before approval 7, p. 5985, § 3805 ■tatutory bond with conditions in excess of statutory con- ditions 7, p. 5985, § 3305 sureties liable, though prineipil has not signed 7, p. 5985, § .'{805 sureties Table for robbery of oiruer, when 7. p. 5985, § 3S05 sureties liable for money lost by failure of bank 7, p- 5986, § 3805 bond extends until appointment of successor, when. ..7, p. 59S3, § 3805 bond not void because sureties not residents as re(piired by law 7, p. 5980, § 3805 variance in bond from statute when not material 7, p. 598ti, § 3805 10. licplevin Bonds. taking of bond as prerequisite to service of writ 7, p. 5G43 n, § 3654 bond must be attested by court approving it 7, p. 5648 n, § 3654 oinissi(ui of name of defendant fatal defect 7, p. 5tj48 n, § 3654 bond is void, the writ being void by reason of demand being beyond jurisdiction 7, p. 5643 n, § 3654 undertaking rei^uires no further consideration than claim itself 7, p. 56t3, §3654 execution of bond gives right of po.ssession to defendant 7, p. 5G43, § 3654 if bond insufficient, new one may be ordered 7, p. 5648, § 3654 sheriff is a trespasser, if he fails to take bond in double real value of goods 7, p. 5648, § 3654 sureties cannot controvert validity of jud^^ment 7, p. 5648, § 3654 in action against sureties, ownership and ri^ht to possession and value of property are rea adjudiccUa 7, p. 5643, § 3654 p. 5795, § 3704 if. p. SOS.I, § 3305 p. 5!t83, § 3S05 p. 5118.1, § 3805 li- ;». 59S3, § 3805 p. 5!»S3, § 3805 p. 6984, S 3805 (1 p. 5984, § 3S05 t- p. 5084, § 3805 c- p. 5984, § 3805 !r p. 5984, § 3805 |>. 59cJ5, S 3805 e p. 5985, § 3805 1" ?. 5985, § 3305 1. 5985, § 3805 >. 5985, § 3805 )• 5986, g 3805 ). 59S5, 3 3805 I '. 598G, § 3805 '. 598lj, § 3805 5G43 n, § 3654 >G4S «, § 3054 5(J48 n, i 3054 •043 n, § 3654 5G48, § 3054 5648, § 3654 5643, § 3654 5648, § 3654 5648, § 3654 5643, § 3654 BURETYSIIIP AND GUARANTY. 6827 Suretyship and Ouaranty - (Contimicil.) Burcty not eiititlt il to imtice to ilifiml 7. p. 5640, § 3354 liublu fur ill I^riiiunt oiifLHsod tliu Mnniu as for juiIkiii< nt on vcnlict 7, p. r.lUO, S 3654 fstoiiiH'il by recitals in boiuls 7. i>. 50 19, ti ,'{054 dtifeuiiu cannot ho act up for tir^t time* in action ou ru-dcliv- ory Ixinil 7. p. 5(;49. § .3654 •uroties liable through irregularities in prosecution of Huit or (kfc'cts in bond 7, p. 5649, § 3654 if property is loat upon trial, jinlgnient will be given on bond , 7. p. 5(;40, S 3C54 no action lies on bond until jud^'imiit rendered in suit. 7, p. .">(>*!•, S .■{(i.')4 alitir wlien action is dismissed or not prosecuted 7. p. ")<>49, «; ;t(I.")4 dismissal of action is breach of bond 7, p. 5(1 J9, § 3(i54 HO is failure to return proputty after dismissal 7 ]'. Sti-A), § 3654 after suit is compromised, no suit can be maintained c.n bond 7, ]). 5('»50, § 3054 surety is liable for damages and costs of suit, aa .1 as for return of property 7, ji. 5{','Jij, § 3G54 exccuii.i I cannot issue against sureties in replevin for laigi r amount than bond 7, p. .'lO.'l, § 3654 recitals in bond are evidence of value of projuity 7, \>. ."i(i.")l, § 3()54 moiisure of damages in action on replevin bonds 7, p. .")6."il, § 3654 action on bond cannot be maintained by one neither party to replevin suit nor obligee in bond 7, p. 5352, § 3654 judgment for damages against oflioer in suit no bar to an action on bond 7, p, 5(io2, § ,3054 bond no protection to olUcer ag.-iinst claims of persons hav- ing no interest in controversy 7, p. 5052, § 3654 evidence admissible that plaintiO" has received value of iiriij)- erty replevied, and is entitled to less damages 7, p. 5652, § 3654 sureties may show that principal owned propert}-, notwith- standing judgment for return 7, p. 5652, § 3654 11. Sherifs Bomb. sherill" s bond must bo accepted and approved; approval m.iy be enforced by mandumus 7, p. 0021, § 3324 neglect of sheriff or court to approve bond does not vacate otlice 7, p. 0021, § 3824 liabilities of the sureties co-extensive with dutiesof ollice.7, p. 0021, § 3824 do not extend to other duties which might be iu- cluded in general description recited in the bond. 7, p. 6021, § 3824 bond does not cover money collected on execution, ami re- tained for sheriff's own use by consent of exe utioa plaintiff 7, p. 6021, § 3S24 sureties not liable for money intrusted to him, but which by law should have been intrusted to different of- ficer 7, p. 6021, §3824 6828 BUItETTSHIP AND GUARANTY — TAXATION. Suretyship and G laranty— (Continued.) in action against his sureties, for not paying over money, demand must be proved 7, p. 6021, § 3824 bond extends to duties imposed by statute after execution cfbond 7, p. 6121, §3824 where sheriff ,'al!y enforced against lessor 6. p. 4042 § 2840 includes such as may be authorized hy h-vvs afterwanl eu- ,., '''^■^"] • • • • • 6, p. 4rA-2, § 2840 Jdcewi.^e taxes for last year of term 6, p. 4li42, § 2S40 covenant covers sj.ecial assessments, when 6,' j.! AG^~2, § 2S40 includes water taxes. . 6. p. 4i;42 II, § 2S40 ou destruction r,f premises lessee not entitled to return of . . r-'i'-t of taxes paid 6, p. 4(^4^, § 2840 injunction will issue to restrain collection of ille-al taxes. 7, p. 5779, §37(^ When person pays tax or assessment, there being no seizure or proceeding to compel payment, he cannot recover it back on ground that tax or assessment was il- legal . 5, p. 4222, § 2559 cemetery or graveyard cannot be sold for taxes for iinprove- nieut of adjacent streets 3^ „ 0434 § J343 2. Exemptions. ' exemption of religious, charitable, educational and kindred institutions from taxation constitutional 2, p. 1174 § 633 exemption from taxation by grant or charter a contract not afterwards revocable 3^ p jjy^^ g ggg foreign corporation not entitled to exemption from taxa- ^'''" • 2. p. 1174,§ G33 exemption extends only to taxation for general purposes, not to taxation for local improvements 2, p. 1 174, § 633 construction of statutes exempting religious, charitable, edu- cational and other similar institutions 2, p. 1 175, § G33 "academy or seminary for instruction of females " 2,' p. 1 ISli § 633 ••alms-houses and poor-houses" 2, p. 1177, § 633; 2, p." 1178i § 033 "benevolent institution" o „ 1," o poo building fur religious wor.-hip " 2, p. 1 175, § C3a •• buildings occupied exclusively for religious or educational purposes" o 11-- « /••> •' buildings and property used f.,r school purposes "'. ". '. ' 2, p. 1 180,' § fi.Ti •'buildings of incorj.orate.l seminaries" 2, p. Usl's G'}3 " liuilding erected for use of college " ! . ! ' 2. p! 1182* § gV'} •'buildin-s of charitable and benevolent institutions" .2, j-! IIS3' § G'W " ^J'a''t:^''I« institution " 2, p. 11 7G, g 6.^:1; 2 11 77' § CTJ .?;'"^''" ^' ^- '»-'. §C3r.; 2. p. 1170, §033; 2, lISl! § 633 cliurcli property owned by congregation " 2, p. II77, § o.S'l •' college, academy, or seminary of learning " 2,' p. II80' S ((33 ••ociuipments" o' ,,-,', '" ' :;'™.™|„io.o.„„v. :;;::::.v:::;:;;;::;;::;:l;;': s;,;i:s 6830 TAXATION — TELEQBAPH COMPAKIES. Taxation— (Continued.) " houses of religious worship " 2, p. " houses used exclusively for religious worship" 2, p. " institutions of learning, benevolence and charity ". . .2, p. " institutions of public charity ' 2, p. " institution of purely public tharity " 2, p. " lands on which church stands " 2, p. " library society " 2, p. " library building " 2, p. " occupied by them " 2, p. '• orphan asj !uni " 2, p. " place of public worship " 2, p. " property given for maintenance of ministry of gosjiel ".2, p. " property necessary for schools, religious and charitable purpose?, etc. " 2, p. "property used for colleges or other school purposes " .2, p. " public school " 2, p. "school" 2, p. " school-houses and seminaiiea of learning " 2, p. " school-houses and lots on which situated " 2, p. " used with view to iirofit " 2, l). Tax Title. agent cannot acquire tax title adverse to principal 1, p. Teamsters. are common carriers 4iP> Teachers. See Schools. Telegraph Companios. See Telepiionks. telegraph company is a public agency, and subject to public regulation and control 4, p. telegraph company not a common carrier, nor subject to ex- traordinary responsibilities of common carrier. . .4, p. must transmit for all who apply 4, p. but in order in which these messages are received 4, p. what messages may lie refused 4, p. condition requiring prepayment good 4 p. may keep open office on Sunday 4, p. for negligently delivering forged dispatches company liable for damage sustained 4, p. also for the frauds of its agents in sending false and frauduleut dispatches 4, p. that the act of negligence which prevented the message from reaching its destination occurred out of the state will not defeat a recovery 4, p. care required in transmission of telegrams 4, p. presumption of negligence, burden of proof 4, p. 1176, § 633 1176, § G33 1179, § C33 1178, § 633 1179. § C33 1175, § 633 1179, § 633 HSJ,§ 633 1178, § 033 1178, § 633 1170, § 033 1175, § 633 1181, § 633 1176, § 633 IISO, § 633 I ISO, § 033 1175, § 033 IISO, § 033 IIS'2, § 033 139, § 93 30S2, § 1792 3330, § 1955 3330, § 1955 £332, § l529 . 418G, § 2539 T£^^DE^;— THEATERS. 6833 Tender— (Continued. ) at wliat phico may tender be made 6, p. 4] 37^ § 2530 in what money must tender be made 5, p. 4IS8, § 2531 bank-bills are lej^al tender 2, p. 9(;:i, § 536 lar^'er ammuit tlian debt may be t. ndircd 5, p. 418<), § 0532 but creditor cannot be obli^'ed t . make chan^'o 5, p. 41S9, § 2532 tender after day, must iuLJude interest 5, p. 4189, § 2532 temler made on condition is not a valid one 5, p. 4189, § 2533 but debtor mny demand surrender of evidence of debt and collaterals 5, p. 4,9,_ § 0533 tender maile under protest is goo 1 5^ p, 4191 § 2533 defects in tender or tender of payment or performance may be waived by creditor 5, p. 4192 § 2534 imjilied power of agent to make tender 1, p. 1 14, § 73 bidder may be sued for price witliout tender 1, p. 374, § 219 no tender of certilicate of stock necessary before suit broui'ht upon subscription 1, p. 701^ § 457 no certificate of stock need be tendered bef jre bringing tuit for subscription 1^ p^ 707 § 435 Territories. iSee Constitution, 2. congress may delegate to territorial government power to create corporations l, p. cOl, § 335 Theaters. status of theater ticket: a revocable license 5, p, 4357, § 2673 in some states a lease of righttoseatduriiigpurfonnance.5, p. 4358, §2673 no action lies against proprietor of theater who adver- tises price of reserved seats, and refuses to sell seats demanded, even though not alre.dy sold 3, p. 1717, § 1012 visitor to theater or place of amusement o! similar character is entitled to seat; if ticket calls for particular seat, he is entitled to that; if not, then to any unoccupied seat not previously sold to another 5, p. 4358, § 2673 neglect of proprietor to mark seat " tak n " gives no right to it to anotiier 5, p. 4353, § 2673 persons, if there is no room, have light to leave and demand their money; no right to go into ])rivate box 5, p. 4358, § 2673 statute forbidding reservation of seats at public exhibitions, upon sale of tickets of admission after openin" of doors, unconstitutional 5, p. 4333^ §2673 stockholder in, bound by regulations de-ignatiug stockhold- ers' seats, and manner of using building 2, p. 1067 § 693 stage representation of a play not a publication. 4, p. 2805, § 1620 implied power of partner in theatrical partnership 2, p. 1217 § 646 actress agreeing to act only at certain theater, court may de- cide specific performance by injunction against act- ing at any other theater 6, p. 4253, § 2586 6834 THEATERS — TIME. Theaters -(Continued. ) action will lie for a conspiracy to ruin an actor by hisses, groans, etc., during a performance 3, p. 1791, fair criticisms of public performances )>rivileged 3, p. 21S6, Theft. bailees for hire not responsible for loss by burglary, robbery or theft 4, p. 29G1, borrower not liable for loss or dam.age caused by robbers. 4, p. 2945, liability of national bank fur money stolen 2, p. 8SS, of treasurer of building society for money stolen from him 2, p. in.SS, pledgee not liable for theft of pledge 4, j). 3028, trustee not liable for robbery of tlie propurty while in his own possession, or in possession of others 4, p. 3450, guardian not responsible for money stolen from him. . . .2, p. 1575, liability of attorney for papers of client stolen from him. . 1, p. 307, public officer required to account for money though stolen without his fault 7, p. 62.30, purchaser of property from thief gets no title 6, p. 39(J9, bank bound to pay bills stolen from it and in hands of bona fide holder 2, p. 9G6-9G" auctioneer innocently selling stolen goods liable to true owner, even where proceeds have bten paid over to thief without notice of the felony 1, pp. 370-372, Thieves. See Theft. Tickets. See Carriers; Theaters. implied power of ticket clerk 1, p. 117, Time. compensation of in case of negotiable instruments, see Negotiable Instkuments, 4. for presentment for acceptance, payment or protest of bills and notes, see Negotiable Instruments, 5, 6. of performance of contracts, see Contracts, 8; Landlord AND Tenant, 2; Tender. bank may establish reasonable banking hours 2, p. SGD, at what time contract to marry must be perforaied 2, p. 1290, at what time annuity payable 3, p. 2430, at what time statutes take effect 7, p. 59DS, at what time interest begins to run 5, p. 4059, duration of franchise is fixed by constitution or by terms of the grant ■. 2, p. 974, statatory requisites as to time at wliich charitable bequest must be made .2. p. 1172, extent of authority of attorney as to time 1, p. 293, eontract of service is dissolved by expiration of time. . . 1, p. 492, §1047 §1234 §1730 § 1723 § 517 § 533 §1771 §2023 § 876 § 188 §3967 § 2379 § 536 § 213 § 76 § r.n § :<7»' §2s..- . § 543 § 632 § 174 § 281 9, p. 1791, § 1047 p. 2186, § 1234 y p. 29G1, p. 2945, p. 888, n p. 1038, [). 3028, 8 X 3450, ). 1575, ). 307, 1 ). 6230, ). 39(J9, 06-96 i ) rO-372, § 21S § 1730 § 1723 § 517 § 533 §1771 §2023 § 876 § 168 §3967 §2379 § 536 . 117, § 7G S63, § in. J 1290, § C' . 2430, § ' ;ii 59D8, § 5i7»' 4059, § 2h. 974, § 543 1172, § 632 293, § 174 492, § 281 TIME— TORTS. 6835 Time— (Continned. ) " month," meaning of, in bills and notes 4, p. 2624, § I4S4 Title. to personal property, see Personal Profebty. to real property, see Real Property. See also. Ejectment. defect of title to one lot does not affect sale of another lot l,p. 374,§ 219 duty of auctioneer to adjourn sale on doubt of title or iden- tity of goods 1, p. 361, § 214 bidder to whom land is knocked down not bound to pay purchase-money and accept deed tendered, and leave seller to clear up defects in title afterward with aid of purchase-monej' 1, p. 374, § 219 on sale of chattel, there is an implied warranty of title to it 6, p. 3969, § 2379 vendee of one having no title, not protected from claims of true owner 5, p. 39f;9, § 2379 title to ships, how acquired 3, p. 2.>48, § 1420 liability of examiner of titles for mistake in overlooking liens or charges on property 1, p. 302, § ISO Title Deeds. See also Dkeds; Real Property. title deeds are personal property 3, p. 2445, § 1353 Toll-gate. action will not lie for throwing open one's land to the public, thereby avoiding a toll-gate 3, p. 1712, § 1010 Torts. of servant, see Master avd Servant, 3. of infant, see Parent and Child, 3, 5; Insanity. See also Action; Accident; Death; Husband and Wife; Proximate and Remote Cause; Parent and Child; Joint and Several Liabilities; Partnership; Municipal Corporations, 4; also the different special titles. tort defined 3, p. 1710, § 10D9 wrong intent not essential to liability for 3, p. 1710, § 1010 act intended but not accomplished not actionable. . . .3, p. 1710, § 1010 act not a legal injury does not become so because of wrong intent 3, p. 1710, § 1010 injnry and damage must concur 3, p. 1713, § 1011 damnum absque injuria; lawful exercise of one's own rights, gives no right of action 3, p. 1714, § 1012 unwarranted interference between contracting parties does not give cause of action 3, p. 1717, § 1012 no private action for public injury 3. p. 1719, § 1014 aliter when party suffers special injary. 3, p. 1719, § 1014 683G TORTS — TRADE-MARKS. 707, §1010 1S4, § 111 18.'), § 112 191, § 114 SCO, § 122 33, § 2!) 033, § 207 lorts— (Continncd. ) when tort also a crimo 3, p. 1720, § 1015 ofronse need not lirst be erinuii;illy pro.-ccutcil 3, p. 17-0, § 1013 action for eaiisinj} deatli, no action at eoniiui u law 3, \). 1721, § 1016 the statiiti.ry rcuiely 3, p. 1722, § 1U17 person may waive contract and sue in t»rt 3, p. 173S, § 102^; 7, p. 5752, § 3'J94 person may waive tort and sue on contract 3, p. 1730, § 1027; 7, p. 5753, § 3094 person may be wrongdoer by i>aiticip;ition or ratili- cation 3, p. 1707, § 1041 who arc responsible; infants, married wointn, cor[iiiration3, luiiatijs 3, p. agent not personally liable for tort committed in service of ]iiiiicipal 1, p. exceptions to the rule 1, p. principal liable for agent's torts 1, p. principal may sue for torts to his property in agent's hands 1 , p. ratification by principal of torts of agent 1, p. corporation liable for torts 1, p. liability of husband for torts of wife 3, p. 1323, § 729 liability of partnership for torts of partner 2, p. 122G, § G50 guardian not liable for tort of ward 2, p. 1 578, § 876 tortious bailee on insurer 4, p. 2913, § 1700 Tow-boats. not common carriers 4, p. 3082, § 1792 Trade-marks. what is a trade-mark 4, p. 2830, § 1633 trademark, how acquired 4, p. 2830, § 1()33 trade-marks protected on ground of fraud 4, p. 2832, § 1634 what may be a trade-mark — in general 4, p. 2833, § 1035 words not original 4, p. 2S3(), § 16:^6 words in common use 4, p. 2S30, § 1G36 geographical names 4, p. 2S36, § 16.37 names descriptive of article of trade 4, p. 2S38, § 1G.'58 symbols and numbers 4 p. 2841, § 10.39 trade-mark in one's own name 4, p. 2Si2, § 1(140 names of corporations 4, p. 2343, § 1011 name of business or firm 4, p. 2313, § 1011; 3, p. 11!»3, § 637 name of newspapers and books 4, p. 234G, § 1042 what is an infringement 4, pp. 2S10 2851, § 1613 trade-mark intended to deceive not protected. . .4, jij). 2851 2854, § 1614 what persons entitled to protection 4, p. 2854, § 1G45 damages, when given 4, p. 2855, § 1646 injunction, when issued 4, p. 28,")5, § 1046 account of profits, when ordered 4, p. 2855, § 1646 1720, § 1015 17-'0, § 1015 1721, § I0!0 17i'i.', § IU17 5752, § SJW 3753, § 3G91 1 707, § 1041 7C7 , § 1010 1S4 .§ 111 isr. § 112 191, § 114 2C0, § 122 33 § 21) 533, § SG7 WS. § 729 226, § G50 )78, § 876 U3, §1700 '82, § 1792 "0, § 1633 .'JC, § 1G33 32. § lG3t 33, § 1033 36, § 16;?6 W, § 1G36 56, § 1G37 », § 1G33 H, § 1039 t2, § 1040 3, § IGll 3, § C37 6, § 1G42 1, § 1613 4, § 1614 I, § 1645 ), S 1646 ), § 1646 >, § 1646 TRADE-ilARKS— TREES. C837 Trade-marks -(Continued. ) delay and aajiiicscence as a bar 4_ p. og-.y § 1^547 a8M^'nnle^t^ and c mveyances of trade-marks. . . .4, pp 2Sr)7-2^(ioi § IGIS 6titut..ry pniviiions as to resist jitoi) 4, p. os(jo,' g 1049 state courts have juridiliction in trademark ciisoi 4^ p. L'SOl,' § 1019 aetiou will iH,t lie f„r maliciously adopting; a tr .do-muk to the prejuJioe of one who has no exclusive ri^^Iit to ap- pr.pnuteit 3, p. 1712, § 10.0 j.r&ciors. slanders and libels on merchants and trader?, whrn action- Trancf^ra''^^"' ^' ^'' "^^' ^ '-^'' ^' ^'- "-^^' § ^""^ ini;,!ied p-^M-cr of a,c;pnt to transfer 1, p. 114^ § 73 Transportation Companies. arc cnmmon carriers 4, p. 3030, § 1792 Treasurer. treasurcrof corporation, powers of 1 p 703 § 419 ^ '^'''Z"^ ••■•I'P" 7U3,'§ 410 Treasure Trovo. ^* llilt is o „ o-^QU R 1 01 1 — ,. «, p. -ooi*, 9 1311 Treaties. conflict between statutes and treaties 7_ p. 5gs9 § .'?749 public grants may be by statute or by treaty g' p 43^3* § '^096 Trees. ' See Fruit; Waste. trees while standing are realty; when cut down become per- , «°"^%---- 6, p.4370,§2G81 where severance by act of God or trespasser 6, p. 4371, § 2OSI so of fruit while hanginR and unfathered 6^ p. 437()| § 2i)81 vine plants growing on land are personalty 6, p! 4372,' § 2GS1 grant of all trees growing on land, effect of 6, p. 4372! § 2081 trees and shrubs in nursery garden are chattels 6, p. 4373^ § 2GS1 trees standing on land pass to railroad by acquisition of .. ^'f'"";v:: ^-p- ^'^"-s "^^^ raiifoatl has right to cut trees or grass on right of way. 2, p, 999, § 500 under license for erection of telephnne iiue, no right to enter private property and cut off limbs of trees 5, p. 4352, § 2GC8 adjacent land-owners may lawfully use space between ear- riage path and sidewalks for growing of trees for ornament or use 3, p. 1758, § 1033 city may allow owners of property to plant shade trees in street without losing its rights over 7, p. G2G5, § 3994 where city maintains shade trees, lot owner not liable for in- jury by falling limb 7, p. 6320, § 4024 Blabs and pieces of lumber suitable for firewood piled up on land, and intended to be used and removed as fire- wood, are personalty 3, p. 2443, § 1350 6838 TREES— TRESPASS. Tree*— (Continaed .) trooa become chattels when they are cut down 3, p. 2t43, 8 1350 ■o turpentine from tree wlien it is run into boxes ... .3. p. 2443, § 1350 ■labs, saw(lu»tt, sliavings and otlicr refuse used to fill up low or marshy grouml are realty 3, p. 2443, § 1350 wood cut and conlel, ami separated from the land when sold, is movable, and does not pass to purchaser. 3, p. 2443 n, § 1350 one planting noxious tree projecting over adjoining land is liable fur injury to cattle caused by their eating the leaves 3. p. 1976, § 1143 owner of shade-tree, finding anotlicr's horse liitched to it, not lialde for removing liorac to safe place 3, p. 247S, § 1372 owner, occupant of lot, not liable for injury to passer-by from fall of rotten limb of tree 3, p. 2030, § 1160 branches of trees overhanging one's land are a nuisance 6, p. 3847, § 22'Jl; 3, p. 1716, § 1012 owner may sue for damage caused thereby 6, p. 3847, § 22Q1; 3, p. 1716. § 1012 may abate nuisance by cutting ofif branches which over- hang 8, p. 3847, § 2291 rights of owners of adjoining estates in trees planted, the bodies of which are wliolly upon one, while the roots extend and grow into the other 5, p. 3848, § 2291 where trunk is on boundary line, tree belongs to adjoining proprietors as tenants in common .... 5, p. 3848, § 2291 branches of fruit-tree growing on land of A. overhanging land of B., B. has no property in the fruit 5, p. 3848, § 2291 A. owns the fruit, and is entitled to it, if be can get it without trespassing upon B 6, p. 3848, § 2292 trespass to destroy tree standing on boundary line 7, p. 5657, § 3657 Trespass. See SnERiFF. trespass defined; what is and what is not a tresspass. ...7, p. 6654, § 3653 degree of force immaterial 7, p. 5656, § 36.16 party in possession of property may bring trespass; who has and has not " possession " 7, p. 5656, § 3657 what is and what is not a constructive possession 7, p. 5359, § 3658 any kind of property which the law recognizes is subject of trespass 7, p. 5660, § 3659 not property in which plaintiff has only reversionary inter- est 7, p. 5660, § 3659 disturbance of an incorporeal hereditament not a tres- pass 7, p. 5660, §3659 accidental trespass is not actionable 7, p. 5G61, § 3660 no defense to action of trespass that it was done by mis- take 7, p. 5661 , § 3661 measure of damages in actions of trespass 7, p. 5661 ; § 3662 , p. 2443, § 1350 p. 2443, § 1350 ow p. 2443, § 1350 en •. 2443 n, § 1350 is he p. 197C, §1143 it, p. 2478, § 1372 p. 2030, § 1160 p. 171C, § 1012 • • p. 1716, § 1012 ir- p. 3847, § 2291 le ts p. 3848, § 2291 'g p. 3848, § 2291 g p. 3S48, § 2291 it p. 3848, § 2292 p. 5657, § 3657 p. 5654, § 3653 p. 5656, § 3656 p. 5656, § 3657 3. 5359, § 3658 It p. 5660, § 3659 ?. 5660, § 3659 I- >. 6660, § 3059 ). 5061, § 3660 ). 5661, § 3661 >. 5661; § 3662 TRESPASS — TEOVEB AND CONTEBSION. 6839 Tre«pa«8— (Continued .) exemplary daimv^es, when recoverable 7, p. 56C2, § 3662 distinction between trover and trespass 7, p. 56o3, § 3003 oiBcer seiziuj property protected by procesa "fair on its face " 7. p. 5719, § 3679 what is " process " 7, p. 57-M, S 3630 process "not fair on its face" 7. p. 5722, § 3(>81 extent of protection 7. p. 572;{, § .■J0S2 officer must follow directions of wri*^ 7, p. 5723, § 3';S3 officer not a trespasser by non-fcasano 7, p. 5724, § 3084 liability of party who seta process in suotion or aids tliere- in 7, p. 5724, §3635 attorney personally liable for trespass where process is irru,'- ular or illegal 1, p. 256, § 154 liable for procuring or advising judicial officer to act beyond his jurisdiction 1, p. 2"fi, § 154 liaMe for illlegally issuing a fieri facins 1, p. 250, § 154 liable where ho specially advises illegal seizure of property, and assists at sale 1, p. 257, § 1 54 not liable for ordering levy in good faith 1, p. 259, § 153 not liable for merely communicating client's instructions to make levy 1. p. 256, § 154 nor for trespass of constable having charge of execu- tion 1, p. 256, § 154 liability of plaintiff in writ for acts of officers 3, p. 1770, § 1042 trespass will not lie against a person for making alH l.ivit upon which another is unlawfully arrested 3, p. 1807, § 1053 sexton may remove from church, undertaker who persists in conducting funeral there in violation of rules 2, p. 1106, § 614 master liable for trespass of servant, except where it is crim- inal 1, p. 509, § 293 corporation liable for trespass 1, p. 63 5, § 367 servant liable for act of misfeasance or trespass 1, p. 593, § 329 that person a trespasser not an excuse for wantonly injuring him 3, p. 2123. § 1207 trespasser on railroad track injured by approaiihin^ train, guilty of contributory negligence 3, p. 2097, § 1192 owners of premises owe no duty to sight-seers or tresj)ass- ers 3, p. 1992, § 1148 liability of owner for trespass of animals 3, p. 2512, § 1391 liability for killing or injuring trespassing animals 3, p. 2486, § 1379 right to impound trespassing animals; liabilities 3. p. 2488, § 1379 trespasser may sue for injury by a ferocious dog 3, p. 2509, § 1338 trespasser cannot acquire title by accession 3, p. 2394, § 1316 Trover and Conversion. trover distinguished from trespass 7, p. 5663, § 3663 trover distinguished from replevin 7, p. 5621, § 3640 6340 TROVEll AND CONVERSION— TIIL'STEES. Trover and Conversion (Continued.) trover in tiunsiitory butioii, an trustee 4, p. :;:(7l. g 1!»79 acceptiiiiuo of trust by cestui i/nr trii-it jtr •siiined 4, p. .•{:}74, § 1!»79 notice of crcntioii of tru-i^, when iu'ce>s.uy 4, p. 3374, § 1979 no trust can be faiiulfd U[iou an interest derived from iile^^r.l contract, or iu eontraventioii of law 4, p. 3374, § 1979 trust cannot bo created with a provision that equitable e8tato of cestui shall not be alienated 4, p. 3o74, § 1979 trust illegal in p irt will be carried into effect, where legal part can bo scparatel from illegal 4, p. 3375, § 1979 after trust has been created ami acLei)ted, creator cannot re- voke it without tho consent of benelieiaries, unless such p >wer was reserved, or unless beneficiary has dissented from the trust 4, p. 3375, § 1979 courts of efjuity have exclusive jurisdiction over trusts. 4, p. 3375, § 1979 jurisdicticn in e([uity over trusts not ousted by fact that tlure exists adequate remedy at law 4, p. 3373, § 1979 a court of oiuity alouo can compel a trustee to execute or surrender trust 4, p. 3375, § 1979 construction of statute of frauds recpiiring declarations of ttuststo be iu writing 4, p. 3370, § 19S0 trusts of personalty may be created verbally 4, j). 3412, § 2037 trust void for uncertainty sustained in ease of charity. .3, p. 1151), ^ 029 trubt for illegal object not enforceable 2, p. 1171, § Gol where trust is clearly and fully estaMished by written evi. dence, pand evidenca not admissible to rebut it; but where written evi lence is ambiguous, parol eviilenco admissible to rebut presunption 4, p. 337G, § 1030 verbal trust partially performed will be enforced in equity 4, p. 3377, § 1CS9 secret trusts and confidences created for purpose of defraud- ing creditors may be proved by pnrol 4, p. .S,'>77, § 10S9 executory and executed trusts distinguished 4. p. 3377, § lUSl as to executed trusts, equity follows the law; aliter as to ex- ecutory trusts 4, p. 3377, §1981 Toliintary trusts enforceable in equity, when 4, p. 3378. § 1;)S2 imperfect legal assignment not enforceable as a trust. ..4, p. 337S, § 1982 6842 TRUSTEES. Trustees— (Continued.) voluntary deed of trast not revncable 4, p. 3379, § 1982 powers in the nature of trust failing, equity will execute them 4, p. 3400, § 2004 what language will create trust; technical words not neces- sary 4, p. 3409, § 2005 where duties are devolved on executors, courts will declare them trustees 4, p. 3409, § 2005 person may create trust by declaring that he holds projjerty in trust for others 4, p. 3410, § 2005 words of recommendation, entreaty, or wish held to create a trust 4, p. 3410, § 2006 e^cential that precatory words shall be certain and impera- tive 4, p. 3410, §2006 no technical words are necessary 4, p. 3410, § 2006 no trust where full discretion is given to legatee 4, p. 3411, § 2006 subject-matter of recommendation or wish must be cer- tain 4, p. 3411, §2006 objects or persons intended to be benefited must be cer- tain 4, p. 3411 , § 2006 deposit of trust funds in bank 2, p. 925, § 527 trust funds deposited without notico to the bank of char- acter may be treated as private funds 2, p. 925, § 527 deposit made in name of person, the word ' ' trustee" being added, is notice to bank that funds are not deposit- or's 2, p. 915, §525:2, p. 926, § 527 80 where words "executor," or "general agent," or "agent" areused 2, p. 926, § 527 trustee may follow trust money deposited, when 2, p. 92.5, § 527 bank liable when it colludes with trustee 2, p. 925, § 527 relation of bunker and customer is that of debtor and credi- tor, and not trustee and cestui (pie trust 2, p. 914, § 525 executed trust for benefit of remote relatives in marriage ar- ticles enforceable by equity 2, p. 13S5, § 755 2. Deeds of Trust to Secure Debti. such deeds are for all purposes mortgages 4, p. 3379, § 1983 distinction between unconditional deeds of trust to raise funds for payment of debts, and deeds of trust in na- ture of mortgnges 4, p. 3380, § 1983 deed conveying absolute title to trustees on declared trust not construed as mortgage; no equity of redemption from sale tliereunder 4, p. 3380, § 1983 deeds of trust must be judicially foreclosed in some states 4, p. 3380, § 1983 under authority to give or take mortgages, deeds of trust in- cluded 4, p. 3380, § 1983 deed of trust cannot be releasodby part of grantees only. 4, p. 3380, § 1983 3379, § 1982 3405», § 2004 3409, § 2005 3409, § 2U05 3410, § 2005 3410, § 2006 3410, § 2006 3410, § 2006 J411, §2006 J411, § 2006 3411, §2006 925, § 527 925, § 527 926, § 527 926, § 627 925, § 527 925, § 527 914, § 625 385, § 755 379, § 1983 580, § 1983 180, § 1983 180, § 1983 SO, § 1983 80, § 1983 TRUSTEES. 6843 Trustees— (Continued.) statutes as to recording of mortgages embrace deeds of tfu^t 4, p. 3380, § 1983 assignment of deed of trust not permitted unless by deed 4, p. 3330, § 1933 or ' aymeat of debt secured by deed, title does not revert to grantor, until reconveyance 4, p. 3330, § 1983 actual conveyance not essential; satisfaction entered on mar- gin, sufficient 4, p. 3380, § 1983 transfer of debt, transfers trust deed 4, p. 3381, § 19S3 caveat emptor applies to sales under trust deed 4, p. 3381, § 19S3 purchaser bound to see that requisites of sale have been per- formed 4, p. 33S1, § 1983 equity will enjoin sale under trust deed when injury would result 4, p. 33S1, § 19S3 trustee need not formally accept trust 4, p. 338 1, § 1984 cannot vary conditions of deed 4. p. 3381, § 1984 must follow directions of deed as to sale 4. p. 33S2, § 1984 trustee cannot delegate his trust 4, p. 33S2, § 1984 mupi be present at sale 4, p. 3382, § 1984 has discretion as to receiving bids 4, p. 33S2, § 1934 must give n-jw notice on adjourning sale 4, p. 3382, § 1984 liable in damages for a failure to use reasonable diligence in trust, or for abusing discretionary powers 4, p. 3383, § 1934 his misconduct canpot affect creditors, or impair rights un- der deed 4, p. 3383, § 1984 cannot renounce without consent of beneficiary or of court 4, p. 3383, § 1984 may be compelled to discharge duties of trust 4, p. 33S3, § 19S4 3. ResuUirg Trusts. resulting trusts defined; when arise 4, p. 3414, § 2003 one who buys land for another, and takes the title in his own name, is trustee, 4, p. 3414, § 2003 entry of land by one in his own name, with money of an- other, creates resulting trust 4, p. 3414, § 2008 doctrine of resulting trusts applies to both real and personal property 4, p. 3415, § 20O8 may in all cases be proved by pared 4, p. 3415, § 2008 parol eviden ;e to establish trust must bo clear and satisfac- tory 4, p. 3115, § 2003 presumption of resulting trust maybe rebutted by parol.4, p. 3415, § 2008 resulting trust cannot arise out of an act forbidden by law, statute or public policy 4, p. 3415, § 2008 resulting trust can attach to title only at time of pur- chase 4, p. 3415, § 2003 interest of cestui in resulting trust an equitable estate which may bo transferred 4, p. 3415, § 2008 6814 TKUSTEE3. Trustees— (Continned.) resulting trust may be enforced against trnstces and pur- chasers with noticr', but not against mortgagees or purchasers without notice 4, p. 341G, § 2003 resulting trust arises where projierty is conveyed to one, but price is paid by another 4, p. 341G, § 2009 where two advance money, but title is taken in name of one ....4, p. 3417, §2009 or where one pays p.irt of purchase-money 4, p. 3417, § 20C9 cannot be created by agrecimait or contract 4, p. 341S, § 20C9 on land convtyed without consideration, trust results to grantor 4, p. 3420, § 2309 resulting trusts abolished in some states 4, p. 3420, § 2009 purchase presumed an advancement, and no resulting trunt arises in case of children or near relatives 4, p. 3421, § 20IO parol evidence admissible to show intention of purchaser to make pu.chase an advancement 4, p. 3422, § 2010 presumption of advancement may be rebutted by parol.4, p. 3422, § 2010 resulting trust arises where trust fails or does not exhaust property ccmveyed or devised on trust 4, p. 3423, § 2011 resulting trusts in case of joint tenancies 4, p. 3424, § 2J12 4. Constructive TniAt.i, constructive trust defined 4, p. 3425, § 2013 constructive trust may be proved by parol 4, p. 3425, § 2013 agent to purchase buying property for himself is a trus- tee 4, p. 3426, §2013 agent a trustee, and must act in good faith 1, p, 126, § 82 must not have conflicting interests with principal 1> p. 126, § 62 purchases made by agent btlong to principal 1, p. 127, § 82 profits belong to principal 1, p. 120, § 85; 1, p. 135, § 92 one who fraudulently procures a devise to himself un- der parol promise to hold in trust for another, a trustee 4, p. 342G, § 2013 one who has obtained another's property by fraud is a trus- tee for him ex malfdo 4, p. 3123, § 2013 if A., w^ith knowledge of rights of B., acquires from owner title to land, A. is trustee for B 4, p. 3423, § 2013 purchaser who obtains by mistake or fraud more laud than he is entitled to, is a trustee 4, p. 3427, § 2013 trust arisin.; from illegal transaction may be enforced in fa- vor of innocent party 4, p. 3427, § 2013 courts of equity will not assume juiisiliction to establish trusts in every case where confidence lias been re- posed or credit given 4, p. 3427, § 2013 trust does not result from mere breach of contract 4, p. 3427, § 2J13 acquisition of i)!0[)erty by larceny or trespass docs not cre- ate relation of trustee and ccntui que trud 4, p. 3427, § 2013 TRUSTEES. C845 ir- or p. 341C, § 2003 lit p. 34IG, §20Oa of p. 3417, § 2009 p. 3417, §2009 p. 341S, § 20C9 to p. 3420, § 2009 p. 34i.'0, § 2009 .t p. 3421, § 20IO ;o p. 3422, § 2010 p. 3422, § 2010 It p. 3423, §2011 a. 3424, § 2J12 \ 3425, § 2013 ). 341^5, § 2013 ). 3426, § 2013 >• 126, § 82 >. 126, § 82 '. 127, § 82 . 135, § 92 '. 342ff, § 2013 • 312G, § 2013 3423, § 2013 3427, § 2013 3427, § 2013 3427, § 2013 3427, § 2J13 3427, § 2013 Trustees (Continued.) one obtaining rnducy equitably belonging to another is a trustee fur him 4. p. 342S, § 2014 in what cases trust ^jroperty may he fullowecl into hamls of tliird person 4. p. 0129, § 2015 llJuciary person purchasing property with trust funds, trust arises 4. p. 343i, §201G renewal of lease by partner or other fiduciary person creates a trust 4, p. SICS, §2017 constructive trust arises vhere person who is only part owner, permanently benefits estate l.y repairs or im- provements 4, p. 34C5, § 2013 a person expending; monoy bj' mistake upon property of another has no equity against owner 4, p. 3435, § 2018 S. Ti-mtnes, lilijhts and Liabilities of. who may be a trustee 4, p. 343G, § 2C19 trustee de son tort defined 4, p. 3437, § 2019 implied powers of corporations to hold property in trust 1, pp. G4S 640, § 331 husband may hold land in trust for wife 2, p. 1313, § 716 husband may convey to trustee for benefit of wife S?, p. 1313, § 716 who may be trustee of a charity 2, p. 1 1 54, § 027 jurisdiction of equity over charities and charitable tnuts. 2, p. 1136, § 624 executor and administrator are trustees, and profits belong to estate 2, p. 1G43, §928; 2, p. 1673, § 954 members of voluntary associations trustees for each other 2, p. 1072, § 599 directors are trustees of corporations 1, p. CS7, § 411 partner a truiitee for partnership 2, pp. 1231-1234, §§ Gj5-C57 875, § 875, § 903, § 810, § 13 513 savings banks trustees for depositors 2, p. savings bank trustee for depositors, and subject to juris- diction of courts over trusts 2, p. where oflTiecr of bank fraudulently abstracts funds and in- vests them in his own name, court will not declare liim tiustee and indemnify the bank out of invest- ment 2, p. capital stock of corporation a trust fund for payment of creditors 1, p. infant cannot be trustee 2, p. 140G, § who may be cei-iui ijup tni'. 344.'), § 2023 may alien estate, when 4, p. 3445, § 2023 title of cestui who purchases trust e-tate 4, p. 3110, § 2023 CC5151, §2023 Um, 5 2027 il55, § 2027 1455, § 2023 I45G, § 2023 45G, § 2023 457, § 2028 Sins, §2023 3451), § 2029 315!), g 2029 3401 § 2029 ^0, § 2S 3404, § 2030 34G4, § 2030 Trustees —(Continued. ) remedy of cealui against trustee for negligence 's in nii- ..*y 4, p. liability (i trustee for investments 4, p. duty to invest trust money 4^ p in what trustee may or may not invest trust money. . . ,4, p. trustees m:iy appoint amenta .1^ p trustees must not deal with trust property to their own ad- vantage 4 p or t:dce advanta;;e of their fiduciary position 4, p. receiving bonus for lending trust money 4, p. 34fj4^ § 0030 lending money on usurious interest 4, p. ^n',4^ § oquq using money in stock speculations 4, p. 3404, § 2030 buying up claims against estate 4^ j). 34G4,' § 2030 buying up outstanding titles 4, p. ^407), § 2030 purchasing at trust sale 4 p. 34(]5_ g 0930 renewing lease in their own name 4, p. 34g,'5^ g o()3() cestui may sut aside such sales 4, p. 34(j(3, § 2030 dealings between cestui and trustee 4, p. 3JC7 § 2030 all of several co-trustees must join in exercising duties of .*''"^* 4, p. 34CS, § 2031 majority of trustees in care of public trusts may bind all .4, p. 34o'S, § 2031 liability of one trustee for acts and defaults of co-trustee. 4, p. 34G9, § 2031 trustees are entitled to reasonable compensation for scrv- '•=" 4, p. 3470, §2032 ■when trustees not entitled to compensation 4, p. 3472 § 2032 trust estate must bear expenses of administration 4, p. 3471, § 2032 trustee after accepting trust cannot renounce it 4, p 3473, § 2033 except w ith consent of court 4, p. 3473 § 2033 quitclaim deed from trustee to grantor reinvests grantor with legal estate, and divests trustee 4, p. 3473, § 2033 trustee will be removed on application to court 4, p. 3474, § 2034 what is and is not good ground for removal 4, p. 3474, § 2034 procedure on application to remove trustee 4, p. 3474 § 2034 remedy of cestui que trust against trustee for breach of trust may be barred by concurrence of cestui que trust, or acquiescence after full knowledge 4^ p. 3475 2035 cestui que trust, by a release or confirmation, prevents himself from taking proceedings against trustees for breach of trust 4 p but not binding on him unless he had full knowledge of facts of case 4 p express trust, as between trustee and cestui que trust, not barred by lapse of time as long as trust exists. . .4, p. in cases of constructive trusts, statute runs against cestui que trust fr.)m time he has acquired, or miyht have acquired knowledge of fact upon which trust is founded. ,4, p. 3477, § 2038 3476, § 2035 . 347G, § 2035 3476. § 2036 G848 TEUSTEES — USAUE MsD CUSTOM. Trustees— (Continued. ) statute of liinitatioua as against crs- 3177, § 2r>G P- 3173, S 2.36 of ist •0- p- S47S, § 203Q p- 3137, § 2010 li ce P- 3917, § 2369 P- 074, § 642 as P- 38S2, § 2311 P- 120, § 73 >n P- 122, § 81 11- P- 123, § 85 V- P- 118,§ 95 13 P- 175, § 107 le P- 175, § 107 P- 22, § 21 P- 27, § 27 P- S21, § 197 P- 012, § 524 c- P- 8G3,§ 512 USAGE AND CUSTOM. 6849 Usage and Custom— (Continued ) of bauk not to pay any of its bills voluntarily cut in two without i)rocluction of both parts, or to pay but one- half face value of bill, invalul S, p. 9G5, § 536 note not negotiable by general law may be by custom of lo- cality 4, p. 2579 n, § 1444 usages as to demand of negotiable paper and notice of dis- honor 4, p. 2711, § 1549 authority of brokers determined by cu3tom of stock ex- change 1, p. 303, § 223 factor governed by the usages of the trade 1, p, 423, § 230 carrier may hold himself out as undertaking to carry other things than goods 4, p. 3073, § 1789 carrier's charges where not fixed by agreement are regu- lated by 4, p. 3154, § 183C where terms of bill of lading or other contra t have acipiired by usage a particular meaning, parties will be pre- sumed to have used them in that i-cnse 4, p. 31 OR, § 18(13 usage must be uniform 4, p. 319(5, § 1833 common-law liability of a carrier cannot be restricted by. .. 4, p. 3196, § 18G3; 4, p. 31!W, § 1861 meaning of terms of bill of lading may be explained by. 4, p. 3197, § 1863 delivery according to usage of business binds carriers. ..4, p. 3100, § 1805 authority of carrier to sell goods may arise by 4, p. 3151, § 1835 corporation may acquire diflerent name by usage 1, p, G76, § 404 lien may be given to corporation by the usage of company, known to stockholders 1, p. 772, § 465 easement may exist by custom 6, p. 4528, § 2776 customary use of premises always permitted, although policy may proliibit the particular use 6, p. 3G03, § 210G; 5, p. 3612, § 2112 usage of insurance company to allow certain time after the day appointed in which payment might be made is waiver of forfeiture 5, p. 3535, § 2074 where company has been accustomed to send notice to in- sured when premium fell due, it cannot exact forfeit- ure for non-payment without giving such notice.. 5, p. 353G, § 2074 contract of marine insurance construed by 5, p. 3t>92, § 21 G2 meaning of words in policy explained 5, p. 3()9.', § 2163 interest may become payable by 5, p. 40.16, § 2436 compound interest may be allowed by 5, p. 4069, § 2443 to pay rent in advance cannot be applied to an express covenant to pay quarterly 6i p. 4595, § 2815 usage may show service required of servant 1, p. 455, § 253; 1, p. 457, § 257 custom that printers of books not entitled to anything until whole work printed, admissible 1, p. 469, § 266 6850 USAGE AND CUSTOM — USURY. >^ TTsage and Custom— (Continued.) custom may give right to enil>lcment3 0, p. 4374, § 2()?2 nsage may regulate length of term of hiring li ]>• 401 , § 2G0 regulates einpl.iyes' wages 1, p. 4{!**, § 2G6 hours of labor depends on custom of trade 1, p. 4.5'J, § S.lli duty of railroad as to persons on track by tusti.m 3, p. 2100, § 1194 "Used." construction of 2, p. 11S2, § C33 Uses. See also Trusts. uses at common law 4, p. .^HfiS, § 1073 shifting uses 4, p. 3.%9, § 1073 ■pringing uses 4, p. 33G9, § 1073 statute of uses in the United States 4, p. 3300, § 1974 exceptions to statute: chattels or chattel iiit 'rests. . .4, p. 337t>, § 1075 use upon a use 4, p. 337 1 , § 1 97G active or special uses 4, p. 3371 , § 1077 when are uses active and when passive 4, p. 3o71, §§ 1977-1979 Usury. See also LsTEniST; Xatioxai, Eaxks. usury defined; statutory provisions as to 5, p. 4073, § 24 16 ■what contracts are within statute 5, p. 4074, § 244G repeal of usury law takes away defense of usury in all actions thereafter brought, whether contract Mas made before or after repeal 5, p. 4074, § 2446 ■when law is repealed after action is brought, defense may beset up 5, p. 4074, §2446 statute modifying rate of interest, or i)enaltie3 for usury, cannot apply to a loan made before aLit took effect. 5, p. 4074, § 2446 may apply to subsequent agreement by which parties extend time for payment of loan, terms remaining un- changed 5, p. 4074, § 2446 intent to take usurious interest essential 5, p. 4075, § 2447 coutract usurious on account of some accident or mistake in calculation, not illegal 5, p. 4075, § 2147 if transaction not usurious, fact that it was inteude.l to be irrelevant 5, p. 4076, § 2447 mistake of law will not jjrevent transaction from being usurious 5, p. 4076, § 2447 both parties must have had knowledge of facts which render transaction usurious 5, p. 4076, § 2447 lender may receive excess over legal interest voluntarily paid by third person 5, jj. 4076, § 2447 to constitute usury, essential th;-t there should be lending and borrowing 5, p. 4076, § 2443 on loan of chattels, any comp?ns.ation agreed upon legal. 5, p. 4076, § 2443 sale of land or chattels for excessive price not usury. . .5, p. 4077, § 2449 p. 4374. § 2r)?2 [>. 401, § 2G0 1. 4()»!, § 266 >. 452, § 253 >. 2100, § 1194 p. 11S2, § G33 ). 33(5'^, § 1973 . 33G9, § 1973 . 33G9, § 1973 . 33(;9, § 1974 . 3371), § 1975 . 3371, § 1976 . 3371, § 1977 §§ 1977-1979 4073, § 2446 4074, § 2446 4074, § 2446 4074, § 2446 4074, § 2446 4074, § 2446 4073, § 2447 4075, § 2147 4076, § 2447 4076, § 2447 4076, § 2447 4076, § 2447 4976, § 2443 4076, § 2443 i077, § 2443 USUBY. 6851 TJaury— (Continued.) exchange of scuuritica not usurious, unless a device to pvade statute 6, p. 4070, § 2448 sale of chose ia action at discount not usury 6, p. 4078, § 2 loO usury by corporation, eJect of 5, p. 4t>79, § 2451 form of contract not regaided, courts vigilant in looking at real transaction, notwithstanding f ' rin 0, p. 40SO, § 2452 not necessary that more than legal rate pur cent, is 8ti|)u- lated for; sufficient if more is taken 5, p. 4030, § 2452 whether transaction fair on its face is a device to obtain usury, a question for jury 5, p. 4081, § 2452 bonus or commission of broker not usury, when 5, p. 40S2, § 2453 bonus or commission to lender not usury, when 5, p. iOS2, § 2453 receiptof unlawfalintcrcstbyagontbiudsprincipalwhcn.S, p. 40s2, § 2454 or by guardian binds ward when 5, ?• 40S3, § 2454 in 8omc states negotiable paper given on usurious contract void in the hands of innocent holder for value. ..5, p. 4083, § 2455 in others defense of usury cannot be set up against bona fide holder for value 5, p. 40S3, § 2455 bank discounts and exchange, when usurious 5, p. 4034, § 2456 where loan or undertaking is hazardous or uncertain, more than legal rate may be taken 5, p. 40S4, § 2457 agreement that if debt not paid at maturity, interest ex- ceeding legal rate or gross sum shall be made as dam- ages, not usurious 5, p. 40S3, § 2453 stipulation in bill, note or mortgage for an attorney's fee to be paid by maker, if it has to be collected, not usuri- ous 5, p. 408"), § 2458 not usurious to take highest legal rate iu advance 5, p. 4035, § 2459 compounding interest not usurious 5, p. 4uSG, § 2459 forbearauce or extension of time at higher than legal rate is usurious 5, p. 4086, §2460 usurious note given and partly paid; new note given for bal- ance is also usurious 5, p. 40S6, § 2460 new or substituted securities for usurious debt remain tainted with original usury 5, p. 4037, § 2461 aliter where new security carries only legal interest. .5, p. 4037, § 2461 new security valid in hands of bona fide holder 5, p. 4067, § 24G1 contract legal when made will not be avoided by subsequent agreement to pay usurious interest 5, p. 4088, § 2461 nsurious interest may be recovered back in some states; not in others 5, p. 4089, § 24G2 payment must have been voluntary 5, p. 4089, § 2462 right by statute is cumulative; common-law action re- mains 5, p. 4089, § 2462 ■caled release no bar to recovery 5, p. 4089, § 2462 party sued on debt may set off usurious interest paid. .6, p. 4089, § 2462 6852 USURY— VESSELS. Usury— (Continned.) where juilgmcjut obtained for principal and usurious interest, latter cannot bo rccuvurod baok in action at law. 5, p. 4090, § 2102 reservation of i'd('j,'al rate does not prevent recovery of princi- pal and ley.d interest 5, p. 4O0O, § 24G2 penalties recovtrablo in some states for takin;; illcLjal in- terest 6, p. 4(190, § 24(53 equity will relievo against usurious contract 5, p. 40!)1, § 24()4 equi'y will enjoin collection of usurious interest 5, p. 401)0, § 24G4 defense of usury personal to l)arty, bis privies or repre? mt- atives, cannot bo set up by stranger 5, p. 4091, g 2IG5 who may and may not plead u-ury 6, p. 4091, § 2405 borrower may waive forfiiLure or penalty for usurinus cnn- tiact 5, p. 4093, § 21G6 party may be estopped by bis acts from setting up defense of usury 5, p. 4^93, § 24GG lender cannot set up usury to avoid bis contract 5, p. 4094, § 24GG corporation cannot plead usury in defen.se to suit upon its own obli;,'ation 5, p. 4094, § 21GG form of plea of usury 5, P- 4094, § 24G7 evidence necessary to suppoit plea of usury 5, p. 4094, § 24G8 moral obligation to pay legal interest on usurious bund bulli- cieut consideration to support new bond with legal interest 6, p. 3771, §2249 Vagrrant. husband becoming, a cause for divorce 2, p. 1442, § 787 Value. See Expert and Opiniox Evidence. " value," what is -. 4, pp. 274G-2749, § 1580 Valued Policy. See In.suuance, 1. Variance. See Plkadino and Practice. Vegetables. Sl'c Fkoit and Vegetables. Vendor and Purchaser. See CosTRACT.s, 8; False Representation.s; Stoppage ik TRAN.siTa; Waurantiks. vendee in possession is not servant of vendor 1, p. 517( § 293 Vendor's Lien. See Liens, 2. Venue. See Pleading and Practice. Verdict. See Pleading and Practice; Judgment. Vessels. See Suits and Shippino. 4090, § 21C2 4O0O, § 24G2 4090, § 21f)3 40!)1, §24(U 40:}0, § ^'404 "3 hirer not liable fur loss by via mnjur 4, p. ijyjy s jjjg Voluntary Associations. See aldo Dknicfit SuciirriKs; Ctcn?!, voluntary asaouiatioiiH aro'reganlud as partnerships 2, p. lOTl, § 501 are subject to control of courts 2. p. ICOl, § 501 may rugiibito ( on. lu',-t of odicurs by by-laws 2, p. lUJl, ^ 5'Jl title to property may be in association before inc<.i[.o- '■'^*«^'' 2, p. 1CG2, § 51)1 powers of, may appropriate funds to objects witliia sco, t,- of Jisso iation 2. p. lOr,?, § 505 may make valid ' .aso 2, p. 1' 02, § 595 but may not ho' 1 real estat,; 2, j,. kkjo ^ 5 ,- may sue in cor ..rate capa 'ity 2. p. lU:;:!, § 595 not bound by action of part of members 2, p. lOO:!, § 595 may be ce.stui que trust 2, p. lOG.'}, § 595 agricultural society no authority to employ hackmeu to on- vey persons to and from grounds 2, p. 1003, § 505 may take beijuest or devise 2, p. lOU.J. 3 5' 5 may pass by-laws, rules and regulations 2, p. 1004, § 595 powers an 1 duties of officers of voluntary association. .2, p. 1004, § 5!)G agents of, pursoually liable on contracts 2, p. 1005, g 597 members; rights, powers and duties of 2, p. 10G3, § 593 courts cannot compel the admission of applicant for mom- ^e^l^'P 2, p. 10G7,§ 593 membership not forfeited per se by uon-user 2, p. 10(57, g 0J8 nor by temporary membership in another association, in violation of by-law of original association, if aeipiiesecd in by company 2, p. 1037, § 593 members have no severable interest iu the property of asso- ciation, or a right to pro])ortionate part of it, if they resign, forfeit membership, or are expelled 2, p. 10G7, § 593 where association has no property, membership alone gives courts no jurisdiction to interfere 2, p. 10G7, § 598 mtsmber must resort to tribunal provided by by-laws. . .2, p. 1007, § 593 member cannot sue association 2, p. lOJi § 5J3 but may proceed against individual members in «1"'*y 2,p J0C3, § 593 members cannot dispose of property of association 2, p. 1008, § 593 member of association not entitled to c impensation for c m- ducting the business of the association 2, p. 1069 § 598 where membership iu association is of pecuniary value, not such property as can be attached 2, p. 1069, § 593 C854 VOLUNTARY ASSOCIATIONS — WAQERS. Voluntary Associations— (Continued.) may recover for seivicos previous to Leuoniing member. 2, p. I0C9, § 698 Scat in Htock uxclian^c may bu diitpitaud of acuurdin^ to rulus of socioty a, p. 1070, § 598 non-nioinliLTs wiio nro creditors must bo i)aid before chiiins of inunilicrs ciiii bo paid 3, p. 1071, § 598 association may bu sued by one member for maintaiuinjj nui- since 2, p. 1071, § 598 liabilities of nieuibcr.s of; trustees for each other 2, p. 1072, § 599 members individu dly li.ible, as partners, to thinl parties for all debts (if the association 2, p. 1072, § 599 members of voluntary association for edu(;ational purposes liable fur wa^jea of teacher hired by actiuij presi- dent 3, p. 1072, § 599 persons contractinr; in name of association which is unincor- porated, personally liable 2, p. 1073, § 599 member continues liable after he ceases to be a member, and until notice t) creditors 2, p. 1073, § 599 if one of members dies, creditor of association must proceed and exhaust remedy a^'ainst surviving inendjeri. .2, p. 1073, § 599 action on promissory note, signed by directors as such, of voluntary association, should bo brought against all members 2, p. 1073, § 599 one whose name was signed to the articles of association without authority may bo omitted as dcfendant.2, p. 1073, § 599 parties to action against voluntary association under N. Y. code 2, p. 1073, § 599 suspended member of Odd Fellows' lodge liable for dues ac- cruing ixfter suspension 2, p. 1073, § 599 dissolution of voluntary association for dissensions and dis- putes among members 2, p. 1074, § GOO for excluding mendjcrs or officers from rights 2, p. 1075, § COO by expiration of time 2, p. 1075, § GOO vote to dissolve association and dispr.se of its property not authorized by notice of a special meeting which does not st:ite business to be transacted 2, p. 1075, § COO on dissolution of voluntary asKojiution, trustees cannot maintain replevin agaiust member to recover common property 2, p. Iu75, § 600 communications by members of corporate bodies, churches and other voluntary societies addressed to body or any otlicial thereof, privileged 3, p. 2333, § 1298 Voters. at shareholders' meetings, see Corporations, 5; Elections. Wagers. wagers are not illegal at common law 5, p. 4037, § 2420 alUcr by statutes in most of the states 5, p. 4039, § 2i'20 p . 10C9, § 698 tiS p . 1070, § 508 118 P . 1071, § 598 11- P 1071, § 593 P 1072, § 599 )r P- 1072, § 599 •s 1- P- 1072, § 599 r- P. 1073, § 599 d P- 1073, § 599 a p- 1073, § 599 >f 11 >• 1073, § 699 11 ). 1073, § 599 ). 1073, § 599 ). 1073, § 599 >. 1074, § 600 ). 1075, § COO ). 1075, § GOO t 3 . 1073, § COO b 1 lu75, § 600 . 2333, § 1298 . 4037, § 2420 . 4039, § 24i'0 WAGERS— WAIVEB. G855 Wagers- (Continned.) recovery of money from «takel.oMcr, when allnwcd... n 4039 «'>t''l money or other property lo.t at play or on w.^^er cannot'he recovered hack from u i„„er 5. p. 4041. § 2122 While contract is executory, equity « ill relieve 6 p 4 )4 • § "l-a money loaned to he use.l in KauM.,^ cannot he recov.rcl.S. p. 401^.' § 'i^3 note, bon.l, or ..ther .ocurity given for money lost at gam- Lima void, (V. in hands of b.m JiUe. holder for value _ ^„,. „ , O p 404 1 8 "4"3 in some states bona fide holder for value of nt-oti.il,'le 'sc-' curity is protected « .^.. o„.^^ bill of sale of «oods lost at gaming ;;;d: .' :::;:; ; ; ; ; ; : -5' ;;■ ^^\\ .;;;3 equity will relieve against judgment founded on gamine debt, though defendant failed to make defense at law contracts for future delivery ^i goodV i-aiid".*.';.".';; *.' ' 5' I! 4ot'' 5 otw alter where it is intended that no property pass, hnt that " one party sho >ld pay to other diirerence hetween sell- mg pnco of article at that time and at time of con- tractmjj - .^ _ . ,. " 5,0,40'" 5"4"4 time contracts ma.le in good faith for future delivery of grain "" ' " orother commodity not pndiil.ited 5 „ 4010 50.01 wager policies of Hre insurance invalid .... '5' ,' ^-,-:' ! .;, "J waSr'"" "' '"""" " ""'' ""' p-mitted:::;;:;5; ;: '^^{, 1 1^ ^^a^e common carriers 4, p. 30S3. § 1792 what are ^ Waiver. 3, p. 23SS, § 1311 See IxsuRAXCE, 3, a, b. of presentment of bill or note, see Xegotiabie Ivstku- MENTS, 5. of notice of dishonor; see NFOOTTAr.LE Ixstrcments C. of forfeiture; see Keal riioPEUTV, 4. ' party may waive delay or other dcf'.nlt in performance of Cfiutract. . . . , ^ 5, n, 4140 5 "iO'l m what manner performance of conditions precedent may be waived or discharged k ^ .... « „.,. defects in tender, or ten.ler of payment";; pVrf^rman'cie,' may ' ^ "''' be waived by creditor 5, p. 419-' § "534 borrower may waive forfeiture or penalty for usurious c^n- " tract e implied power of agent as to waived. .'.*.' i' ' n/n -' 8 '^S authority of agent of in;orance company to waive for- ' "^ feiture _ „_„^ „ , ... , 5, p. 3732. § 2214 of privilege of communication between attorney and client , „.„ . l.P- 243,§ 147 ^^BB 6S56 WAIVER — WARRANTIES. "Waiver— (Continued. ) iinplieJ power of attorney to waive client's rights 1, p. 291, § 173 implied powers of coriioration to waive its le-al rights..!, p. C5j, § 3S7 corporation may waive lien, on sliares, by pfruiitting trans- fer or by represt'utiny to transferee tliat shiires were uneiicunibei ed 1, p- 773, § 4G5 directors of bank liave no power to waive service of iielitiun praying forfiiture of charter 2, p. 893, § 520 where subscriber acts as member, or waives condition, no cic'ense that his fcubscri[ition Avas upon condition precedent or special tornis 1, p. 748, § 451 guardian ad btem cannot waive infant rights 2, p. 152S, § 840 legislature may waive forfeiture of cliarter by corpora- tion 1, p. 849, § 506 notice to quit may be waived by landlord or tenant ... .6, p. 4CS."), § 2877 what will amount to waiver of forfeiture by lessor 6, p. 4()74, § 2S()7 parents may waive right to services of minor children. ..2, p. 148.'., § 818 extinguishment of plei'ge by waiver of security 4, p. 3043, § 1777 Bervaut may waive wrongful discharge by acquiescence.!, p. 489, § 278 master may waive breach of contract or cause of discharge byservaut 1, p. 490, § 279 waiver of defects in affidavit or process 7, p. 5512, § 3537 War. effect of, in dissolving agency 1, p. 63, § 64 attorney's authority revoked by 1, p. 278, § 168 war between country of insurer and the insured, excuse for non-payment of premiums 5, p. 3533, § 2072 Warehouseman. lieu of, see LiENS, 2. goods may be pledged by delivery of warehouse recuipt with- out indorsement 4, p. 2995, § 1754 delivery of key of warehouse transfers the goods there.. 4, p. 2995, § 1754 liability of warehouseman in general 4, p. 2963, § 1732 ordinary care required of warehouseman 4, p. 295G, § 1729 Warranties. See CoNTUACTS, 1; Dekds, 3; Insurance, f, 2; Landlord ANU Tenant, 4. on sale or transfer of negotiable paper, see Negotiable Instruments, 7. . . In Sales ok Goods. 2. Mlscellaneous. 1. Ill Sales of Goods. w rranty defined 5, p. 3950, § 2370 affirmations of quantity, quality or condition are war- ranties 6, p. 3950, §2370 that article actually exists, not a warranty 6, p. 3951, § 2370 matter of identity of goods not strictly warranty 5, p. 3952, § 2370 291, § 173 Guj, § 387 773, § 4G5 803, § 520 74S, § 451 152S, § S40 849, § 506 tCS.-), § 2877 KJ74. § 2S()7 US.-, § 818 3013, § 1777 489, § 278 490, § 279 Ml2, § 3537 68, § 64 278, § 168 533, § 2072 995, § 1754 995, § 1754 983, § 1732 95G, § 1729 )50, § 2370 )50, § 2370 951, § 2370 )52, § 2370 WAKRANTIES. Warranties— (Continued.) express warranty covers even patent defects, and such aa are open to obervatiou of ])urcliaser 5, p. 305?, express warranty excludes an implied one 5, ],. IV.): 2, warranty must be made at time of sale 5, p. ;i!).V2, warranty of souihIik'Ss of animals, wli.n and liow Idol en. 5, p. 3L)53, expression of opinion of character or (pnlity of goods .sold not a warranty 5, p. j^OjI, upo 1 sale of specilie article, no warranty of quality of article sold; maxim atveat emptor ajiplies 5, p. :30.'5,"), doctrine of implied warranties applies only to such secret de- fects as piirch:iser cannot detect for himself 5, p. S95G, doctrine applies as well to property cxciian^ctl as to prop- erty soM 6, p. 3950^ rule of caveat emptor does not cover fraudulent conceal- ment or misrepresentation by vendor 5, p. 3950, no warranty of (|uality on sale of lands 5, p. 3957, on article sold for particular purpose, there ia an implied warranty that article is lit for su h puri)ose 5, p. 3957, manufacturer not bound to furnish the best article of the kind, but one reasonably fib 5, p. 3957^ ■when party su[iplying article is a dealer, not a manufac- facturer, no warranty of quality or fitness arises.. 5, p. 3359, no implied warranty ac;ainst nejessary and likely deprecia- tion which may take place in quality of goods be- tween time of sale and delivery 5, p. 39G0, implied warranty that goods are properly packed 5, p. 39G0, in executory contracts of sale, rule is caveat venditor, not caveat emptor 5, p. 39GI, •where known, described and defined article is ordered, and purchaser gets what he ordered, no Marrant that article will answer i)articular purpose 5, p. 3902, manufacturer of article according to specificatioi s furnished by employer does not impliedly warrant that it will answer purpose 5, p^ 29G2, law implies that books are to be printed in skillful and work- manlike manner, where agreement is ni.ade to ])rint and deliver specified number of copies 5, p. 2903 upon sale of goods by kind or description, implied condtion that seller shall supply sueli goods as are commer- cially known under description, and of merchantable quality, and in merchantable state 5, p. 39G4, on sale of articles intended for food, implied warranty tliat they are wholesome 5 p. 3930 rule does not apply where articles are sold, not for im- mediate domestic use, but to be traded in 5, p. 3956, aliter where quality cannot be judged by sample 5, p. 39i>7, G857 §2370 § 2370 § '2370 § •2371 § 2372 § 2373 § -2373 §2373 § 2373 §2373 §2374 §2374 §2374 §2374 §2374 §2375 §2375 §2375 §2375 §2370 S 2377 §2377 §237S 6S58 •WABRANTIES. Warranties— (Continued.) if goods are sold hy sample shown to buyer, goods delivered muijt correspond in quality to sample 5, p. 39G7, § 2378 on sale by sample, no iuiiilied warianty of merchant; 'jil- ity 5, p. 3007, g 2378 mere production of sample docs not make the sale one by samile 5, p. 32G8, § 2378 examination of sample where there is an express warranty, not waiver of the warranty 5, p. 39G3, § 2378 on sale of chattels there is an implied warranty of title to it 5, p. 39G9, §2379 vendee of one having no title not protected from claims of true owner 5, p. 39{)8, § 2379 purchaser of property from thief gets no title 5, p. 39(19, ^ 2379 markets orert do not exist in the United States 5, p. 39(j9, § -'379 ■warranty of title does not refer to future events 5, p. 3970, § 2379 no implied warranty of title where seller has not chattel in • his possession 5, p. 3970, § 2379 nor where sale is by agent, either public or private. ..5, p. 3970, § '2379 implied warranty of title is broken, when 5, p. 3971, § 2379 buyer has right to reasonable time in which to inspect goods sold 5. p. 3971, § 2380 buyer need not return goods; may notify seller that they are held at Lis risk 5, p. 3971, §2380 2, Miscellaneous. on sale of negotiable paper, seller warrants that it is his to sell and that it is genuine 5, p. 3970, § 2379 on sale of a land warrant, an implied warranty that it is valid 6, p. 3970, § 2379 on sale of accounts, an implied warranty that they are genu- ine and owing 5, p. 3970, § 2379 vendor of share of stock impliedly warrants that same is issued by officers of company, and sealed with genu- ine seal 6, p. 3970, § 2379 bnt not that share has not been fraudulently issued iu excess of charter limit 5, p. 3970, § 2379 seller warrants his title where sale is of an exclusive right to manufacture and sell ijarticular article 5, p. 3970, § 2379 pledgeor warrants tliat he is the owner of thing pledged and that there are no deftcts in it 4, p. 3038, § 1776 no warranty of title on sale under power of sale iu mortgage of chattels 6, p. 5017, § 3085 on sale of stock, vendor does not warrant that corporation is corporation ilc jure 1, p. 771, § 464 implied power of agentto give warranty 1, pp. 115, 116, § 74 by auent that principal's note is genuine binds aeent person- ully. P- 1 '. 39C7, § 2378 '■ 39G7, § 2378 r i. 3DG8, § 2378 ► '. 39G3, § 2378 . 39G9, § 2379 I . 39GS, § 2379 . 39(;9, § 2379 . 39(J9, § •J379 . 3970, § 2379 3970, § 2379 3970, § 2379 . 3971, § 2379 3971, § 2380 3971, § 2380 3970, § 2379 3970, § 2379 3970, § 2379 3970, § 2379 3970, § 2379 3970, § 2379 3038, § 1776 5017, § 3085 771, § 464 116, § 74 176, § 103 WARRANTIES — WATERS AND WATER-COURSES. G8o9 Warranties -(Continued.) ayent acting without authority liable upon implied -warranty of authority i, p. jsQ, § HO auctioneer no power to give 1. p. 308 § 217 broker lias implied power to warrant 1, p. S93, § 223 1 ower ( f factor to give. 1, p. 421 § 228 lia) ility of p; rcuLiihip for false warranty by i'artuer. ...2, \i. Vl-ZH, % CJO Warrants. See BoXDS. Waste. waste defined; effect of, in {rennral 6, p. 4G0O, § 2S.')5 waste in pulling down buildings and niaki!!g repairs. . .6. p. 4GG1, § 2S.>6 in cutting down trees 6, p. 4(;G-_', § 2857 in cultivation of land 6. j). 4';G3, § 2Sr)3 in taking clay and minerals and opening niinrs 6, p. 4GG4, § 2859 tenant not liable for wast<» arising from act of (Jod, or of the law, or public enemy 6, p. 4GG."), § 2SG0 writ of waste lay, in what cases 6, p. 4G()5, § 2SG1 statutory actions for waste; who may ^ue at law 6, p. 4GG.J, § 2S()1 remedy in equity for waste 6, p. 4GGG, § 2802 where waste is trivial, equity will not interfere 6, p. 4GGG, § 28G2 mere apprehension that waste will be committed not sufii- cient ground for injunction 6, p. 4GG6, § 2862 aid of equity restricted to cases in which title is clear and undisputed 6, p. 4GGG, § 2362 never granted against defendant in possession claiming ad- versely to plaintiff. 6, jj. 4CGG, § 28C2 Waters and Water courses. See also Fish, Fkrries. 1. \Vater-cour.se3 in Gexeral; Nok -navigable Waters, 2. Accretion; Alluvion; Reuctiox. 3. Remedies. 4. Navigable Waters. 5. Surface Water. 6. Pollution of Waters. 1. Waler-coursec in GeneraL what is a water-course 6, p. 4740, § 2906 what are artificial water-courses 6, p. 47.j1, § 2907 rights and liabilities as to artificial water-courses 6, p. 4751, § 2907 boundaries of fresh-water lakes and ponds is low-water mark 6, p. 4752, § 2903 owner of bank of fresh-water stream owns to middle or thread of the stream 6, p. 475-i, § 2909 where tide ebbs and Hows, high-water mark is boundary of adjoining proprietor's ownership 6, p. 4754, § 2910 deed of land over and along which water runs conveys prop- erty in water 6, p. 4753, §2911 "^r 68G0 WATERS AND WATER-COURSES. Waters and Water-courses— (Continneil.) deed of water, or tlie usufructuary iiitrrcst therein, does not pass title to soil (iver wliich water (lows 6, p. 4753, §2911 ono person may Le owner <.f toil over whii.li stream flows, and have no interest in water 6, p. 4755, § 2911 water has value as distinct inheritance; right to pcrpe ual use need not be dependent on lands to which it is ap- purtenant 6, p. 4755, § 2011 grant of land on non-naviyablo stream passes soil to the middle 6, p. 475.-, §2012 aUfcr as to navigable streams 6, p. 475tJ, § 2012 right of rii)arian proprie^i r to use of Avater flowin;.^ past or through his land 6, p. 47C0, § 2914; 6, p. 47()3, § 2015 has no property in water itself 6, p. 47(>4, § 2010 cannot retard How to lower proprietors 6, ]>. 476 f, § 2010 no superior riyhtat common-law by prior appropriation. 6, j). 4761, § 2)16 what is a reasonable use, in diversion of water 6, p. 4764, § 2917 in detention of water 6, p. 4765, § 2918 riparian owner must not make dam which will cause water to overflow neighbor's land 6, p. 4766, § 2919 person havin<^ no right, cannot enjoin damming of stream. 6, p. 4767, § 2919 right to dam stream for mill site 6. P- 4767, § 2020 conveyance of " mill privilege," what passes 6, p. 4763, § 2020 use of water by mill- owners: what is and what is not reas- onable and proper use 6, p. 4769, § 2921 injury to liigher proprietor, by setting lack water. 6, p. 4771, § 2022 right to erect barriers to protect one's land 6, p. 4771, § 2923 of railroad to dig ditches on land adjacent to track. . .2, p. 997, § 557 of railroad to divert watercourses from natural chan- nel 2, p. 997,§ 657 of railroad to dig wells on its land 2, p. 997, § 557 of railroad to abstract from adjoining stream water for its engines 2, p. 997, § 557 to use water to injury of adjoining proprietors, by grant or prescription 6, p. 4772, § 2924 by acfpiii scence 6, p. 4774, § 2925 railroad cannot construct its road along shore of tide- water below high-water mark without specilic grant from state 2, p. 978, § 515 2. Arrretimi; Alluviov; IMlclion. accretion and alluvion defined 6, p. 4756, § 2913 reliction detined and distinguithed 6, p. 4756, § 2013 title to land Ijy accretions 6, p. 4757, § 2913 3. lii'tneilles. See also Dam.\oe3. action lies for w rongly throwing water back upon plaintifTs land, or diverting water 6, p. 4774, § 2920 lot , p. 4To5, § 2011 ,vs, , p. 47oJ, §2911 ii:il ip- p. 47 J5, § 2311 he p. 4751, § 2912 p. 47jU, § 2912 or p. 47G3, § 2915 p. 47(i4, S 2910 p. 4761, § 2910 p. 47G4, § 2;)IG p. 47G4, § 2917 p. 47G5, § 2918 er p. 47GG, § 2919 P.47G7, §2919 p. 47G7, § 2920 p. 47G3, § 2920 p. 47G9, § 2921 p. 4771, §2922 p. 4771, §2923 p. 997, § 657 a- P- P- )r P- it p. 4772, § 2924 p. 4774, § 2925 >t p. 978, § 515 p. 475G, § 2913 [). 47o(>, § 2913 p. 47d7, § 2913 }. 4774, § 2920 997, § 557 997, § 557 997. § 557 WATEKL AND WATEK-COUIISES. CbUl Waters and Water-course3-(Conti.iuc(l.) for unlawful iutcrfe.cnce .vith ri^ht of riparian ownrr in- . . J""'^tMm lies 6, p. 4774 § "9"0 injunction lies to prevent throwing ba.k of water ou ' " " nn« ''""VV";";. 6. p. 4775, § 292G one may abate, and hnnself remove dam built ou his huul, or obstruction in stream q, p. 4775, § 292G nght to navigate creek justilies removal of obstructions therefrom « .,»_ en/,.,. „„. . ,^ , G, p. 4/ne; so he who has upper ground cannot change course of water, . . .6, p, 4S00, § 2944 civil-law rule adopted in some states 6, p. 48 JO, § 2944 no action for drawing subterranean water of neighbor.... 6, p. 4S02, § 2945 party digging well on his land not liable for injury to neighbor's well 6, p. 4S02, § 2945 rights in underground percolating streams 6, p. 4803, § 2945 person accumulating water on his land liable for injuries caused by its escape, if he is negligent 6, p. 4804, § 2946 liability for water on roofs which does damage 6, p. 4808, § 2947 if owner so constructs his roof and gutters as to cast water upon another's land, he is lialjle 6, p. 4803, § 2947 person not liable for injury from bursting of water-pipes unless negligent 6, p. 4809, § 2913 Ono who accuumlates water artiticially on his own land liable for inj I'.ries resulting to adjoining laud from percola- tions G, p. 4809, §2949 . 4789, § 2937 >. 4795, § 2941 I '. 4703, § 2941 f T '. 4797, § 2042 L 4797, § 2942 4797, § 2942 4797, § 2942 4708, § 2942 4798, § 2942 4799, § 2943 4799, § 2943 4SD0, § 2943 4800, § 2944 48J0, § 2944 4S0.\ § 2945 4S02, § 2945 4803, § 2945 4804, § 2946 4808, § 2947 4808, § 2947 4309, § 2943 4809, § 2949 WATERS AND WATER-COURSES — WAYS, 6863 Waters and Watercourrea— (Continued.) 6. Pollution of Water. riparian owner entitled to have water come to Iiim in natural imiity as well as natural quantity 6, p. 4311, § 2930 if adjoining proprietor corrupts water, action upon case lioa f"ri"j"'y 6, p. 4SI1, §2930 landlord liable for acta of his tenant in polluting natural watercourse 6, p. 4811, § 2950 that stream is navigable does not prevent recovery 6, p. 4811, § 2950 legislature cannot authorize use of the water so as make it unlit for riparian owners 6, p. 4811, § 29."0 what pollution of water is actionable 6, p. 4812, § 2951 what pollution of water is not actionable 6, p. 4S14, § 2052 reasonable use of water allowed 6, 2>. 4814, § 2952 when injunction will lie to prevent pollution of water 6, p. . 4S15, § 2953 right to pollute water may bo acquired by grant, license or pre-emption 6, p. 4S1G, § 2954 defenses to action for polluting water 6, p. 431G, § 2955 f Itli collected in drain, cesspool or privy, escaping on to neighbor's land, gives right of action 6, p. 4817, § 2936 liable for polluting water of neighbor's well by negligently leaving noxious substances on land 6, p. 4818, § 2956 ia not liable where noxious substances are carried by stream or currents, even when subterraneous 6, p. 4818, § 2956 occupier of premises whose sewage escapes into neighbor's premises through sewer being out of repair, liable for damage 6, p. 4818, § 2956 throwing of bad-smelling slops and filth by defendant on plain'tilFs premises gives cause of action 6, p. 4818, § 2956 Water Pipes. See Waters and Water-coukses, 5. Ways. See also Highways. what are ways; different kinds of. 6, p. 4551, § 2792 way by grant is by deed 6, p. 4552, § 2793 if deed be destroyed, grant of way may be shown by parol 6, p. 4552, § 2793 right of way must be used according to terms of grant, and is subject to its restrictions 6, p. 4552 § 2793 right to inclose way with gates or bars 6, p. 4553, § 2793; 6, p. 4558, § 2795 owner of the land may do any act that does not impair the right of passage over way granted 6, p. 4553, § 2793; 6, p. 4358, § 2795 or impair free use by person to whom right ia granted 6, p. 4353, §.2793; 6, p. 4558, § 2795 ^r 68G4 WAYS — WIIAUVES. Ways— (Continued.) private ri^lit of way may he acqiiireil Ly proscription, even across railroad tnnii 6, ]>. 4')').'!, § 'JT'.).'?; 6, p. 4358, § 2793 use must have heon uiuler circunistaiiccs indicating tliut it is claimed as a ri^^ht, and not merely as jirivilege. . . . 6, p. 4.w3, § 27'.);^; 6, p. 4553, § 2793 unexplained use for twenty years presume^l to have been under a claim of rig: it and adverse 6, p. 4r53, § 2793 to entitle person to right of way hy prescription, ho nmst show uninterrupted adverse user for rei^uisite length of time 6, p. 4553, § 2793 user must he of a way certain; no right of way gained hy passing over land any place and all directions. . ..6, p. 4554, § 2793 public may acquire prescriiitive right to use way as well as Singh: individual 6, p. 4554, § 2793 ways by necessity arise where grant is of pared! of land sur- rounded by others .- 6, p. 455i, § 2794 necessity must have existed when land was conveyed. .6, p. 45.")4, § 279* requisites of way of necessity; rights of parties 6, p. 4555, § 2794 right of way passes to grantee of land 6, p. 4557, § 2793 owner of land may bring trespass against persons using it without right 6, p. 4557, § 2793 or ejectment against those making erections upon or over it 6, p. 4553, §2793 right of way appurtenant to land is appurtenant to whole and every part of it 6, p. 4553, § 2793 land divided and conveyed in separate parcels, right of way passes to each grantee 6, p. 4553, § 2793 Any act of landowner obstructing or hindering right of way is a nuisance and actionable 6, p. 435S, § 2795 party who has right of way is bound to keep it in repair; land-owner is not 6, p. 4559, § 2795 if land owner obstructs way, owner of right may remove obstruction, or may pass over adjoining land of same owner <. 6, p. 4559, § 2795 where right of way is in several persons, each has only a reasonable use 6, p. 4559, § 2795 measure of damages for obstructing a way is plaintiff's in- jury by loss of use of entire way; mere value of way up to some further obstruction not pro^jer rule . . 6, p. 4559, § 2793 Wells. See Waters and Water-courses, 5. Wharves. See CoNSTiTCTroyAL Law, 8; Waters akd WATER-ccrRSES, 4. liability of wharfingers in general 4, p. 2933, § 1732 public wharves and piers must be kept safe for these using them 3, p. 2003, § 1153 WHAKYES — WILLS. G865 m p. 435S, § 2703 it p. 45o3, § 2793 n p. 4:53, § 2793 it h p. 4533, § 2793 y p. 4554, § 2793 IS p. 4554, § 2793 > p. 4554, § 2794 [). 45:)4, § 279* [). 4555, § 2794 p. 4557, § 2795 it p. 4557, § 2703 r X 4538, § 2795 e X 4553, § 2795 y 3. 4538, § 2795 Y X 4358, § 2795 » ). 4339, § 2795 Q a ). 4359, § 2705 1 ). 4559, § 2795 >. 4559. § 2795 2933, § 1732 2008, § 1133 widow's aliowuuue, right to WUls. Wharves— (Continued. ) ordinary care ru-iuired of wharfinger 4 „ oq-q . ,70a nj-ht3 of municipality over wha, ve. 7 ,; cXr I •00- Widow 8 Allowance. ' ^ ' ^-^'' ^ "^^^^ • • • -2, p. 1407, § 770; 3, p. 1703, § 998 as to trusts in, see Titcsr.s avd Tiiu.sTEiis, 1, condition in, see Rkal I'iiorfiuiv, 4. Sec fi.VECUTUUY DEVISEi. 1. The l.S.STltU.MENT. 2. The Testator. 3. EXECXTION AND AtTESTATIOX OF ImSTRUMEXT. 4. Pkobate of, and Contk,stunu Wills. 5. CONSTKUCTION OF WlLLS. C. Tjie Estate; Legacies a.\d Devises. 7. HeVOCATIo.V, KLi-UBLICATIOX AND KeVIVAL. 1. 77/e Intilrument. will dcHned; must not vest present interest 6 n 5110 S lUO instrument in any form, if intent be to make testamentary ' illustration of pape;s' ^iid wrUing hekVto be'wllh: .' \ ^Q, I 5IJ0 f 3U0 paper imperfectly executed ou account of act of God mav ' be a will flrni court looks at intent rather thau at'language or form"..'. ^'. *" ^ ^^^^ 6, I). 5111, § 3140; 6, p. 5116. 8 3144 paper may be made a will by adoption, though not such at time it was written q ^iioroi^a in what cases paper iu form a deed may be a w'iilV.V.V.e' p" 51 13' 8 314? paper may be partly a deed and partly a will « p 5iu' s ^141 extraneous paper., when referred to in will, may be part thereof * ^ writings held not wills; illusVraiio;;; ■oiy/.'/Z/.y/.'/.-.e; p! 5113,' f "JS statutory provisions in most of the states require wills in writing « », ** ^ 6, p. 5116, §3144 exceptions as to nuncupative and olographic wills. . ..6, p. 5116 ? 3144 will written in lead pencil instead of ink, valid 6, p 5m I 3144 will engraved or lithographed in whole or part, valid.6, p." 511?' S 3144 mutake in date or no date will not invalidate will . . .6. p 5117* S 3144 contingent will, what is; when valid q g^j,' ^ „. * that will is invalid as to part of property does uoV make it ' void as to residue q ^..^ s Qi^ft olographic will, what is; requisites of! ....'.'..'. q j'" gj jc,' ! 3. .! nuncupative .»ill, what is; requisites and effect of. '.\'..Q p SIoq' §3143 who may make nuncupative wills, and what property m'ay 1)6 will6(l a contract to execute will in favor of particular "pei^on valid ^^^'^^^ and enforceable 6, p. 5124, § 3151 6866 WILLS. Wills— (Continued.) parties may agree to make mutual wills, agreement valid 6, p. 512't, §3151 aerviccs rendered in cxiiectition or promise of reward, if will not made, agrcumuut may be enforced as a con- tract 1. p. 441, § 247; 6. p. 5124, §3151 agreement to leave property by will may be enforced. ..5, p. 425S, § 2592 sealed agreumcnt not to make will to prejudice of riglits of covenantor's heirs valid 6, p. 33C5, § 2302 action will not lie for inducing person to revoke will in favor of plaintiff 3, p. 1717, § 1012 one who fraudulently procures a device to himself under parol promise to hold in trust for another, a trus- tee 4, p. 342(5, § 2013 joint or mutual wills; validity and effect of 6, p. 5125, § 3152 codicil defined; effect of 6, p. 512(), § 3153 reciuisites as to attestation of codiiil 6, p. 5127, § 3153 inclosing and depositing will for preservation, and delivery of will so deposited 6, p. 5127, § 3154 at what time will takes effect 6, p. 5127, § 3155 allowance f r commissions not allowed to person mana^'ing property in expectation of legacy 1, p. 147, § 95 2. The Testator. at whit age may person make will 6, p. 6120, § 3156 who may make will, infants G, p. 5120, § 315(3; 2, p. 1497, § 825 person under guardianship 6, p. 5 1 30, § 31 56 married women 6. p, 5120, § 3156 married woman cannot make will at common law 2, p. 1307, § 7G0 might with consent of husband devise personalty 3, p. 1307, § 760 husband might after death elect to disalfiim will 2, p. 1307, § 7G0 wills of personalty made by wife valid where i)r()perty had been settled on wife for her separate use 2, p. 1 307, § 760 woman's will valid where husband dead in law 2, p. 1307, § 760 where he has been banished or transported for life 2, p. l.">07, § 700 where he is alien enemy 2, p. 1 307, § 760 by statute wife may make valid will 2, p. 1397, § 761 what persons other than testator may draw will 6. p. iJlol, § 3157 cannot be executed by agent 1, p. 25, § 25 definition and test of testamentary capa ity 6, p. 5131, § 3153 what is a " sound and disposing mind and memory ". ..G, p. 5131, § 3158 ■what is and is not evidence of want of testamentary ca- pacity 6, p. 5132, §3153 fraud and undue influence in procuring will; what is effect of 6, p. 5134, § 3159 belief in spiritualism does not incapacitate one to make will 6, p. 5133, §3160 idiots are incapacitated from making will 6, p. 5144, §3166 6121, § 3151 . 5124, §3151 . 4258, § 25U2 I . 33G3, § 2302 1717, § 1012 3t2f;, §2013 5125, §3152 512(), §3153 5127, §3153 5127, § 3154 5127, § 3155 147, § 95 6120 §3156 1497 § 825 5130 §3156 5120 §3156 1307 § 7G0 1307, § 7G0 1307, § 7G0 1307, § 7G0 1397, § 7C0 U91, § 7G0 1307, § 7G0 1.S97, § 7G1 5131, §3157 ^0, § 25 5131, § 3153 5131, §3153 5132, §3153 5134, §3159 5133, §31G0 5144, §3166 WILLS. C867 Wills— (Continued.) iiiaane person cannot make valid will 0, p. 5130, §3101 wliat is and is not insanity G, p. 5140, § 3161 efTcct of will made in Incid intervals 6, p. 5141, § 31G2 partial insanity of testator avoids will 6, p. 5142, § 31 G3 will made during delirium is void 6, p. 5143, § 3164 will maile by intoxicated person, where and when, not valid 6, p. 5143, § 3105 blindness or mere physical incipatity, such as d'afness and dumbness, does not constitute incapacity which viti- ates will 6, p. 5141, § 31G6 3. Exfrnlion and Atleslation i/ Instnimrnt. will to be valid must be signed, witnessed and pub- lished 6, p. 5145, §31G7 signing may be by another person for testator 6, p. 5145, § 3168 signing may be by mark 6, p. 5115. § 31G8 signature must be at end of will, when 6, p. 5140, § 3163 memorandum under signature dors not invalidate will. .6, p. 5I4G, § 3108 unsigned addition to will does not invalidate will 6, p. 5147, § 3103 where will is on several sheets, not necessary that each slieet should be signed 6, p. 5147, §3163 unsigned written sneet may be part of will, which is prop- erly signed and executed 6, p. 5147, § 31G3 must appear that testator's 8ii:naturo was intended to be re- garded as such, and that instrument is complete; paper itself must show this 6, p. 5147, § 31G3 scaling of will, when essential to its validity 0, p. 5143, § 3100 acknowledgment of signature by testator, when neces- sai-y 6, p. 5140, § 3170 manner and form of acknowledgment 6, p. 5140, § 3170 publication of will required in some states 6, p. 5150, § 3171 what is and is not a "publication " Q, p. 5I0O, § 3171 reading of will to or by testator, and knowledge by him of contents 6, p. 5153, §3172 will must be attested and subscribed by witness 6, p. 5I5'5, § 3173 whether attestation clause is part of will 6, p. 5154 § 3174 witnesses need not read or know contents of will 6, p. 5154, § 31 75 who are and are not " credible "or " competent " witnesses to wills 6, p. 5153, § 3176 wife not competent witness to her husband's will 2, p. 1315, O 717 nor to will containing devise to husband 2, p. 13IJ-. ' 717 ■ubscribing witness must write his own name 6, p. 5150, § 3177 where unable to write; mark; initials 6, p. 5157, § 3177 may not adopt signature made by another 6, p. 5157, § 3177 must affix place of residence to name 6, p. 5156 n, § 3177 order of signing not material 6, p. 5158, § 3179 request of testator to witness, when and where necessary . 6, p. 6158, § 3180 C8G8 WILLS. Wills— (Continued.) wlioro witiiossos should sign; in some stntos, after testator; in (itliers, place uf bi^naturu is iininatfri..!; in utiiera, at end of will 6, p. 5157, § fllTP. attestation clnuso need not show tustitoi's s.inity 6, p. 5158, § .'USl wittu'Hsi's must jud),'o iis tit testatoi's Hiinity 0, p. 5!5S, § ;11S1 attestation may bu made at later day than i>;ning G, p. 5ir)H, g .'1182 8ij;ning in prcHeiioc of testatur, what ia; illustrations,. .0, p. 51.V.), § .'US'' siyninj,' in prL'scuco of each (ither, when rei^uired 6, p. 51(il, § .'il; witnesso.-* must see testator's l^iynature 0, p. 51(1-, S 'Mix. 4. Proliiite (if and Cuiitcxlhiif Wills. prohate of wills; jurisdiction of probate courts 0, p. 51fil, § .'USO when jurisdiction attaches C, p. ."tUil, § 11187 when will sliould Ix; presented for probate 6, p. 5] 04, § .'1IS8 where will should be probated 0, p. oliJl, ^ 318!) who may ajiily for pi-ibato 6, [). 51l)5, ^ 3190 what m.ay be probated 6, p. 5] (!,"), § 3191 ante-mortem probate v(>id 6, p. 51(J(>, § .S192 probiite of will executed in another state 0, p, 51(!(», § 3193 probate of foreign wills G, p- 51(i7, S 3194 what prnof requisite to establish will G, p. 5107, § 3195 burden of proof of execution uf will is on proponent. . .G, p. 51G>, § 319G what witnesses reiinired to prove will G, p. 5108, § 3197 Bubseribing witn sses should be called. 6, p. 5108, § 3197 proof of handwriting of absent witnesses to will must be made 6, p. 51G9, § 31<] from attestation clause due execution of will is presumed. G, p. 5109, S 3199 extrinsic evidence is admissible to show execution of will. 6, p. 5170, § 3200 subscribing witness must identify his signature; need not remember having made it 6, p. 5170, § 3201 should be satisfied that testator was sane and knew what he was doing G, p. 5170, § 3-'01 will may be admitted to probate although the witnesses do not agree in tlieir tcstimoiiy 6, p. 5170, § 3202 sufficient that the court should be satistied of sanity of testator and due execution of will G, p. 5170, § 3202 evidence admissible to rebut attestation and to contradict affidavit of subs ribing witness 6, p. 5171, § 3203 proponent's declarations inadmissible to defeat probate of will G, p. 5172, § 3204 burden of proof of testamentary capacity of testator is on pro[.onent G, p. 5172, G 3205 evidence relevant as to testamentary capacity G, p. 5172, § 3205 opinions of persons not experts as to testator's mental capacity G, p, .^1 75, § 3200 evidence of insanity: from disinheriting of children . . .G, p. 5170, § 3207 from peculiar dispositions of property G, p. 5176, § 3207 '•r>!57, §.117P, '• 51-)8, §;iisi >. .'")loS, §;Jisi '■ r)!.-)!*, § ;j|S2 '• ■'■'1 ■■'!>. ims'.i . niGt, §;hso . ">i'>f, s ;{1S7 . iilljl, §3 IS!) 51CI(!, § .Sl!n> 51(;0, §3193 r)i(;7, S3iat 5107, §3105 51GS, §3196 51G8, § 3197 51US, § 3197 5109, §3lfi SKiy, § 3199 5170, § 3200 5170, § 3201 5170, § 3201 5170, § 3202 5170, § 3202 5171, § 3203 5172, § 3204 iI72, : 3205 il72, § 3205 175, § 3200 17(5, § 3207 176, § 3207 WILLS. Ogoy Wills— (Continneil.) tion for , , J"'y •••; 6, p. 5180. §3210 ducIaratoMs .,t testator as to « ill, mIru and nheu not ad- ,,"7''^'° 6,p. 51S0.§;)OH ot legatees as to will, when and MJitn not adniissilde.e. i>. 5162 § •j'>l'^ parol cvi.hnco to show unlini.shcd paper a will, adn,i«>i. .. '''": ; • •; e. p. 5132, § 3213 when will revoked, repuhlieation cannot be shown by ., P^*""', 6. p. 51 S3, §3214 evidence relevant to show testator', knowledge of contnita "f ^^'" G.p 5IS3 §.3015 proof of lost or destroyed will, how made 6 p nisV § 'JoiG juiisdiction of e^iuity t.. est ibli.sh l.,st wills 6, p. 51 -4' § ."j"]; Will before probate not adinissilde as evi lence of title, .g' p 5IS5' § 'iO|s ancient wills admissible as evidence of title 6, p. 5185 § 3'M8 parol evidence not admissible to contradict or explain ^',"" • • •; 6, p. 5185, § 3219 exceptKms: latent ambiguities 5 j, 51^7^ g g.j^Q not admissible to show mistake in drawing or e.xprJss ng . . ,.'**'!^'' ••;•••; 6. p. 5188, §3221 juris hcti n of equity to correct mist ikes in wills 6, j.. 5 1 87 § S'>'>1 misrepresentations no ground for settin- aside will 6 p 5IS9' § 'V>-'o nor testator's motives, though disappr..ve.l by court . . .6.' p. 51 9y,' § 302-' nor because its dispositions are imprudent and unacco.ii,t- "^^^ .• 6, p. 5100, §3222 secrecy m execution no ground for impeaching will. . . .6. p. 5190 § 302-> that testatrix was deceived as tj her marriage with le-atee no ground for setting aside her will .6, p. 5190 § 3"-i2 no ground for setting aside will, that one having eonfideiifial relations with another prepares and directs the execu- tion of will giving him benefit 6. n. 5007 § .3033 nor that it was drawn by confidential friend wlu le wife was beneficiary 6, p 5207, § 32.38 nor because one of subscribing witnesses mariied ti.ta- y^^---- 6, p. 5207, §.3238 nor because draughtsman takes largely under will. . .6, p. 5207 § 3->33 nor mere mistake by scrivener q'^, r^oQl, § 3238 nor that legatee, a woman, acquired through illicit iiiter- course an influence over testator 6. p. 520S § 3-'33 what 18 a sufficient finding as to validity of will 6, p S^os § 3039 a voidable will not known to the law e p 5190* § 3002 will void in part good as to residue 6^ p 5l9o' § 3-«2 6870 WILL8. Wills— (Continued.) a petition to set aside will should contain all grounds neces- sary 6, p. 5190, §3222 who may contest will 6, p. 5190, § 3223 6. Construrtion of Wills, intention of testator always governs 0, p. 5191, § 3224 general rules as to construction 6, p. 5192, § 3224 inventory words, effect of in construction of will 6, p. 6192, § 3225 technical words how far governed by testator's inten- tion 6, p. 5193, § 3226 construction of particular words and phrases in wills. 6, p. 5193 n, § 3226 "according to law" — "and" — "at his decease "—" bank stock" — "children" — "dying without children" — "debts" — "devise" — " descendants "—" dis- tributed " — " dower " — " estate " — " family " — " goo;ls or movables " — " grandchildren " — " heirs, lawful heirs, dying without heirs, etc.," — "home- Btead" — "household goods" — "in case" — "dying without issue" — " die without issue " — " leaving no issue" — " lands"— "lease" — "legacy" — "matu- rity" — "may die possessed of or entitled to" — "more or less " — "moneys " — " my plantation" — "next of kin" — " or" — " ornaments " — " personal estate " — " personal goods and chattels " — " jjersonal representatives " — " property " — " relation " — " 8< " and daughters" — " support of family " — "survlvin,:'* > — " survivors " — " wearing apparel " — " worldly goods " 6, p. 51113-5201 w, § 3227 \rliole will is to be construed together 6, p. 5194, § 3227 later provisions control 6, p. 5201, § 3228 general intent prevails over particular intent 6, p. 5202, § 3229 transposition of words 6, p. 5202, § 3230 surplusage and rejection of words 6, p. 5202, § 3231 in what cases the per stirpes and ^jcr capita rules respect- ively apply 6, p. 5202. § 3232 where power of appointment is given to testator's wife and none is made, his children will taiie 6, p. 5200, § 3233 efTect of bequest of debt due from legatee 6, p. 520(j, § 3234 efl'ect of becjucdt of annuity 6, p. 52015, § 3234 legacy is a personal charge on testator's wife, when. . . .6, p. 520C, § 3235 gift of personal property for life-time with gift over. .6, p. 520li, § 3230 by statute in same case devise is construed a fee unless lim- ited expressly 6, p. 5207, § 3237 will include li asehold as well as feehold 6, p. 5207, § 3237 other statutory rules of construction 6, p. 5207, § 3237 restriction in will inconsistent with general power of dis- poaal void 6, p. 5209, § 3241 p. 5190, § 3222 p. 5190, § 3223 p. 5191, § 3224 p. 5192, § 3224 p. 6192, § 3225 n- p. 5193, § 3226 . 5193 II, § 3226 ik -5201 n, § 3227 p. 5194, §3227 p. 5201, § 3228 X 5202, § 3229 X 5202, § 3230 X 5202, § 3231 ). 5202. § 3232 1 ). 5206, § 3233 >. 520(), § 3234 '. 520(5, § 3234 '. 5206, § 3235 '. 520(j, § 323G . 5207, § 3237 . 5207, § 3237 . 5207, § 3237 . 6209, § 3241 mLLS. 6871 Wills— (Continued.) when bequest will be segresated from estate 6 p S-'OO S 3040 conditiun annexed to devise that it shall not be "subject to ' conveyance or attachment" void q „ 5033 § 3241 a condition in a devise of a life interest, that it shall ccase'on " ' judgment against it, valid g p 51Q3 ^ g^, , conditions which are illegal and impossible, or against pul'.lic' ' * " policy, are void ; g ^.^jq „ 3. conditions against contesting will are valid 6* p 5-'lo' § 3">43 construction of legacy charged with "support and main'te." " nance " of wife or family of testator 6 p fl^lO § 3"44 perpetuities cannot be created by will 6 p 5M1' § •J-'^4- 6 tTZ'^ r""- '" "VT ""'^'"' ''' '''''' ■•••••••• si P" 3S77; § 230G O. -ineL-slate; Legacies a)nl Dcvis'Ts. any person legally capable of acquiring property may take aliter as to corporations in some states ...".'.". e' p s'lV ii S-m implied power of agent to receiv e legacy '.['.'.'.'..{, p.' Iq-, § \o imp.ied power of corporation t. take by devise 1,, G'4^ § 3S--> >. ..Doration without power to take by devise in its own stLtu caLnot do so in another state j ,, qiqs 343 voluntary associations may take bequest or devise" '. .' .2,' p" lOi;-'' § 6'95 father has no authority to receive legacy left his child. 2, „. 1485* 5 818 devise or bequest to heir who would otherwise inherit; eflect of Q ' .J, eflFect of omission of children in will. .'.'.'.".".".'.".'.".' ".■." ' * g' J|' ij.^j^' ^ f-,f^ to what extent testator may disinherit his children [.'.'.'o' p' y'lo' ^ 3"40 posthumous children; children in ventre sa mere may ' " " take a ^ illegitimate children may iak;";".".;".*;.;;;; i!:; i;;:; "e I t^^l^ eflFect of omission of widow in will q ' -.^j^.' | g.Tj'i election or renunciation by devisee or legatee.*!!!!! '! 'e' p y^ie' § '^^l^ election by widow between benefits conferred by will and " ' her share in community property 6, p 5-'i8 s 3.,.54 election by widow between testamentary provision an.l " " ' dower— gift in lieu or satisfaction of dower 6 p H'^lf) § -jo-j^ gift to wife, out of what funds paid q' , -,.,.,y ^ '.^i-\. When gift or devise to widow is absolute !"! e' p '•;"'->o' ^ '{•">-- what property may be willed ! " 6 p G'oo' ^ '^^;^L certainty in description of property willed necessary.*.'. 6 ' p " o^-"" ^^ -j'so subject may be identified by extrinsic evi.lence 6, p rv>'2 § s"'JU when after-acquired property passes by will e' p ij"^? s 3000 general and specific legacies defined an.l distin- "^ ' , ., e"'f«^-. • «, p. 5225, §3 3201, 3262 residuary legacies, and estate under the residuary clause; rights of residuary devisees and legatees 6, p 5006 5 o.,., cumulative legacies 6, p! 6221).' § 32G4 €872 WILLS. Wills — ( Continu ed. ) when legacy is charge upon land 0, p. 5229, § 32C5 legacies, when a charge on land; subrogation to the rights of creditora 6, p. 5231, §3266 encumbrances on estate are charge upon ])roperty 6, p. 52IJ2, § 32G7 distinction between terms "vested" and "contingent," as applied to lejzacies 6, p. 5232, § 3208 law favors, and wills should be construed in favor of, vesting estates 6, p. 5234, § 3209 if clear words of gift of vested interest, court will not permit absolute gift to be defeated, unless clear that very case has happened intended to defeat it 6, p. 5234, § 3209 general rules of construction to ascertain if legacy is vtstud or contingent 6, p. 523t], § 3270 in what cases is legacy or gift absolute 6, p. 5240, § 327 1 legacies are subject to testator's debts 6, p. 5241, § 3272 what devises are void as in fraud of creditors 6, p. 5242, § 3272 advancement, what is efTect of on bequest 6, p. 5242, § 3273 satisfaction of debt or portion by legacy 6, p. 5243, § 3273 occui)ation and abatement of legacies 6, p. 52-14, § 3274 lapsed legacies become part of residuary estate 6, P- 5245, § 3275 in what cases legacies and devises lapse 6, p. 5245, § 3275 at what time thould division of property be made 6, p. 5246, § 3276 7. Itevocalion, licpubUcation and licfival, in what manner may will be revoked 6, p. 5247, § 3278 cannot be revoked by mere words 6, p. 5247, § 3278 will, not revoked by death of legatees or beneficiaries. .6, p. 5247, § 3278 nor by alienation of greater part of estate specifically de- vised 6, p. 5247, § 3278 nor by acquisition of much larger estate 6, p. 524S, § 3278 where statute prescribes mode, evidence of revocation in any other mode inadmissible 6, p. 5248, § 3278 law ivs to revocation of wills same in law as in equity. .6, p. 524S, § 3278 will is not less subject to revoc ition by operation of law be- cause made under sx>ecial power 6, p. 5248, § 3278 revocation by burning , 6, p- 5248, § 3279 by tearing or destroying 6, p. 5249, § 3280 by mutilation 6, p. 52.')0, § 3281 by C!incellation 6, p. 52.")0, § 3282 by subsequent will 6, p. 5251, § 3283 implied revocation in general 6, p. 5232, § 3284 revoLaiiion by subsetpent marriage. .2, p. 1393, § 702; 6, p. 5253, § 3285 by subsequent birth of children 6, p. 52.")4, § 3280 by obliterations 6, p. 5254, § 3287 by alterations, erasures and interlineations 6, p. 5255, § 3288 by deed, or by a change in or sale of property 6, p. 5250, § 3289 by agreement or contract to convey property 6, p. 6256, § 3290 p. 5229, of p. 5231. p. 5232, IS p. 5232, ig p. 5234, it ie p. 5234, d p. 5230, p. 5240, 5l'41, 5242, 5242, 5243, 52-J4, 5. 5245, 3. 5245, ). 5246, §3205 § 3266 §3267 §3208 §3209 §3239 § 3270 §3271 § 3272 § 3272 § 3273 § 3273 § 3274 § 3275 §3275 §3276 ). 5247, § 3278 ). 5247, § 3278 ). 5247, § 3278 >. 5247, § 3278 i. 524S, § 3278 r >. 5248, § 3278 . 524S, § 3278 . 5248, . 5248, 5249, 52.11), 52.10, 5251, 5232, 5253, 52,14, 5254, 5255, 5256, 6250, §3278 § 3279 § 3280 § 3281 §3282 § 3283 § 3284 §3285 §3286 § 3287 § 3288 §3289 §3290 WILLS— WORDS, PHRASES AND DEFIXITIONS. 6873 "Wills— (Continued.) Ly subsequent chuse in same will 6, p. 5257, § 3291 revocation obtained by menace, uiulue inlliience, or fi.iud, void 6. p. 5257, § 3292 frandulent prevention of revocation of will nut jjround for setting it aside 6, p. 5:57, § 3292 efTcct of partial rovocatiun of will 6, p. 5J.17, § ;'>2!)3 revocation of specilic devi.se 6, p. 5250, § 3204 codicil with different disposition of property revokes will 6_ p r,o-,9^ § 3.2f)5 codicil i3 revoked by revocation of will 6, p. 5250, § 3295 will net revived after revocation except by re-execution or by a codicil 6, p. 5259, § 3296 revocation of will revoking former -will does not revive former e, p. 5200, §3290 former will revoked by a subseri ucnt one may, upon revoca- tion of the latter, be revived by republication. . .6, p. 52G0, § 3298 re-execution of a will and codicils— effet of 6, p. 5200, § 3296 codicil operates as a republication when referring to previous will G, p. 52G0, § 3296 will once revoked l)y written declaration cannot be rejiub- lished by parol 6, p. 5200, § 3296 republication of will of personalty may be proved by parol e, p. 5260, § 3298 if will is made after a donatio causa mortis, donatio is tet as'tle 3, p. 2428, §1337 Windows. See Easemext. "With all Faults." effect of sale "with all faults" 5, p, 3933, §2340 Witnesses. See Evidence, 10; Wills, 3, 4. Women. See CiTizEN'Siiip; Elections. not eligilile a'3 attorney-atlaw 1, p. COS, § 127 carrier may reserve car for women and escorts 4, p. .3252, § 1000 same degree of care required of womau as of man 3, j). 2104, §1105 Wood. See Trees. Words and Phrases, in wills, see Wills, 5. in submission to arbitration, see ARUTTnATTOV AND Awahd, 1. in statutes as to attachment and garnishment, see ArrACU- MENT AND OaRNLSIIMENT. Words, Phrases and Definitions. "about" 5, p. 3843, § 22S5; 5, p. 4121, § 2489; 7, p. .'i.'5nn, § 3.-.31 " absence from state " 7, p. gOjI, § 3S13 6874 WORDS, PHRASES AND DEFINITIONS. Words, Phrases and Definitions— (Continued.) " absolute acceptance " 4, p. 2637, § 1497 " absolute owner " 5, p. 3578, § 2098 "academy" 3, p. 1181, § G33 "acceptance" 4, p. 2(;;?3, § U94 " accession " 3, p. 2:>93, § 1315 "ancident" 3, p. 1717, § 1013; 5, p. 3CG3, § 2140 "accountable" 1, p. 88, § 61 "act" 7, p. .^933, § 3758 "actual notice" 5, p. 3S2S, §2280 "adopti.m" 2, p. 1467, § 809 "affinity" 2, p. 1296, § 704 "after" 5, p. 4136, §2496 "agency" 1, p. 1, § 1 "agent" 1, p. 1, § I " agreement " 5, p, 3744, § 2222 " alienation " 5. p. 3605, § 2103 "alimony" 2, p. 1450, § 794 " along the route " 3, p. 2466, § 1364 " all matters " 1, p. 88, § 61 "allonge" 4, p. 2737, § 1575 " alluvion " 6, p. 4757, § 2913 "almshouses" 2, p. 1178, § 633 " alterations " 5, p. 3590, § 2103 " among " 6, p. 4485, § 2752 "animals" 3, p. 2471, § 1365 "annuity" 3, p. 2430, §1341 "appurtenances " 6, p. 4580, § 2806 " arbitration " 6, p. 5264, § 3.97 "assault " 3, p. 1804, § 1051 " asset " 3, p. 1723 n, § 1018 *'as soon as possible " 5, p. 3557, § 2075; 5, p. 4130, § 2496 •'act " 5, p. 4136, § 2496 " attend to business " 1, p. 88, § 61 "attorney" 1, p. 2, § 2 "attorney-at-law" 1, p. 2, § 2; 1, p. 205, § 126 " attorney-in-fact " 1, p. 2, § 2 "attornment " 6, p. 4651, § 2S50 "auction" 1, p. 356, § 212 "aucti-neer" 1, p. 2, § 2; 1, p. 3">9, § 213 "author" 4, p. 2812, § 1625 "baggf»ge" 4, p. 3317, § 1948 "baHment " 4, p. 2S'.)7, § 1692 "bank l)iU" 2, p. 962, § 536 "banker" 2, p. 855, § 509 "banking law " 2, p, 856, § 5i)9 "banks of issue" 2, p. 856, § 50!) AVORDS, PHKAbES AND DEFINITIONS. 6875 2637, § 1497 3578, § 2098 1181, § 033 2();{3, § 1494 2;>93, § 1315 3603, § 2140 88, § 01 .';9D3, § 3758 p. 3S2S, § 2280 p. 1467, § 809 , 1290, § 704 4130, § 2496 . 1, § 1 1, § 1 3744, § 2222 3605, § 2103 1450, § 794 2400, § 1304 88, § 61 2737, § 1575 4757, § 2913 1178, § 033 3590, § 2103 4485, § 2752 2471, § 1305 2430, § 1341 45S0, § 2800 6264, § 3-97 1804, § 1051 1723 n, § 1018 p. 4130, §2496 4136, § 2496 88, § 61 2, § 2 205, § 126 2, § 2 4051, §2S50 350, § 212 3 -.9, § 213 ». 2812, § 1025 '.3317, §1948 I. 2397, § 1092 I. 902, § 530 >. 855, § 509 . 856, § 509 . 856, § 509 P- P- P- P- P- P- P- P- Words, Phrases and Definitions-(Continue(l ) 2^'y" 3. p. 1804. § 1051 'bed' " beuevoleut institution " 2 n 1177 s cii ..ijii.i -i, p. 1177, § 033 bil o ex-ohanse" 4, p. 2579, § 1444 'Y^f'^^« 4, p. 3175. §,851 - blank iiulorsement " 4 „ o-o' c 1 -,. . "&o««>/e holder- V.V. 4' ' ^-i; 'ro ..^"T7 3, p. 2551. § 1423 ..,^"'^" 7. p. 0280, § 4005 "^^^oker" J ,./;••*;; s, p. 4130, §2400 J'^-'^^'V 1.P- 803, § 4S2 "-^"^'^^ 1.P. 83.§ 01 »:::f7^ 3, p. 2045, §1107 •'cash.ii;;cij,;d;"::::::::::::::: ;•!;• ^f.'l 'i -certificate of deposit" , :::::::2;p: ;59: 535 ..t^"P"7 •,; 5, p. 4002, §2400 change o occupancy" 5, p. 3009, § 2109 change o possession" 5, p. 3009, § 2109 change of ftle" 5, p. .-^OOS. § 2109 charitable institution "..2, p. 1132,§022j p. 1170, § 033; p. 1177 § 033 :t:^r 2.P.1139;§025 „ , ' •■•••••,; 4, p. 2S17, § 1026 charter party". 3, p. 2501, § 1434 chattel mortgage" 6. p. 4938. § 3075 ":hS?'.::::::::::: i'^- '^i^^' "children" ;;: e '•.l'''^^''' -6, p. 44^5, §2752 "chosea inaction" g „ ]3.^q' l',"^^''^" 2. p. 1175. §033; 2.'p.' VlVo.V O33/3, p. I'm, ' cite and apnear " ■, appear " citizen" " claims and elTects " "C.O.D." "codicil" "collateral security", " college " "comniodatuni " << / 'oonimtrce "commission agent ". 'commission merchant". § 734 § 033 1. p. 89, § 01 1. p. 618, § 349 1. p. 89, § 01 4, p. 31 SS, § 1859 6, p. 5120, §3153 4, p. L9J0, §1751 2, p. 1180, § 0.33 4, p. 2911, § 1099 7, p. 0092, §3871 1. p. 2. § 2 1, p. 414 n, §§ 410-227 6876 WORDS, PHRASES AND DEFINITIONS. Words, Phrases and Definitions— (Continued.) *' common carrier " 4, p. " common law " 7, p. "communicated" 3, p. "competent" 6, p. "concealment " 5, ]). " concern, to whom it may " 5, ji. "condition precedent" 6, p. " con p " disseisin " 6, p. "doing business" 1| p> 3071, §1189 S9r)7, § 3789 24(50, § 1.364 5irj5, § 3170 3r)20, § 20()0 3194, § 2042 4493, § 2753 44 4, § 2759 2037, § 1493 2731, § 1570 2395, § 1318 1-J90, § 704 3702, § 2244 1789, § 1047 5S77, § 3741 3828, § 2280 6IS2, §3919 593, § 332 598, § 332 4309, § 2679 89, § 61 4007, § 2824 515.5, § 3176 1432, § 783 1432, § 783 3183, § 1859 318.3, § 1859 318.3, §1859 3183, § 1859 §§2131-2132 §§ 2131-21.32 832, § 497 898 «, 521 452S, § 2777 3786, § 2266 2175, § 1223 3, § 2 2563, § 1434 1953, § 11.32 21) 10, § l(i99 1437, § 784 4136, §2496 1573, § 875 3666, § 2142 4421, § 2710 G15, § 347 WORDS, PHRASES AND DEFINITIONS. 6877 5, p. I. p. ',P. I. p. , p. i, p. ., p. I, p. 3071, §1189 r, p. 5957, § 3789 i, p. 2460, § 13G4 J, p. 51/35, § 3176 i, p. 3520, § 2060 i, p. 3tf)4, § 2042 J, p. 4493, § 2753 4t 4, § 2759 2G37, § 1498 t, p. 2731, § 1570 \, p. 2395, § 1318 5, p. 1-20G, § 704 », p. 37G2, § 2244 \, p. 1789, § 1047 ', p. 5S77, § 3741 i, p. 3S28, § 2280 6182, §3919 598, § 332 508, § 332 4369, § 2679 89, § 61 I p. 4G07, § 2824 I. p. 5155, § 3176 I, p. 1432, § 783 I, p. 1432, § 783 :, p. 3183, § 1859 :, p. 3183, § 1859 :, p. 3183, §1859 :, p. 3183, § 1859 U7, §§2131-2132 i47, §§ 2131-2132 , p. 832, § 497 898 k, 521 452S, § 2777 3786, § 22G6 2175, § 1223 3, § 2 25G3, § 1434 1953, § 1132 2!) 10, § 1(;99 , p. 1437, § 784 , p. 4136, §2496 , p. 1573, § 875 , p 3660, § 2142 , p. 4421, §2710 , p. G15, § 347 P- P- P- P- P- P-- P- P- Words, Phrases and Deflmtion8-(Continued.) "donatio caufta mortia " „ •MouLlemaurance" 3, p. 2400, § 1324 "dower" °' P- 3^'^>' §2038 "draw, indorse ami VcVepVbilis*" ?' P' ^T,' ^ '^^ " due process of law " t' ^' ^^ " duress " '• P' ^^^*> § 3"88 "employee". ». P- 3942, § 2364 "encumbrance" ^' P' ^^^> § 4^9 "equal protection of laws" 5, p. 3583, § 2099 "equipments" 7, p. 6044, § .3833 "equity of redemption".'.' 2.P-1177,§ 633 "escrow" 6, p. 4S97, § 3023 "estate"..'.'. 5, p. .3817, § 2277 "estray" ®' P- ^415, § 2703 "eviction"".' 3, p. 2400, § 1.380 "execute". 6, p. 4G85, § 2S7S "executed". L PP- 91-92, § 62 "exec utory considerati'on'"'. .'.'.* fi '" SI'' ! ^"^^ •nsesofthefamiiy".::::;:::::::::;;:;:;;;;;;f p-^i!!'§2257 osion " e ex post facto laws " „' ^' expenses of the family ' „ , oo , » "explosion".... 3, P- 1381. § 752 u . „, /•...- , ' *.'. 5. P- 3615, § 2J 13 "express contract ". -, p. 6102, § .3877 "extreme cruelty". 5, p. .3744, § 2221 "factor" :. V'VVo ;P-^^'^'-'^ '^^ "facultative".... 1' P- 2. § 2; 1. p. 414. § 227 "fallen building" J P- 2731, § 1569 "family physicL"..';;; 5, p. 3618. §2115 ««f5re» : 5. P- 3641, § 2125 "foreign 'bm'" 4, p. 3189, § 1839; 5, p. .3GI3. § 2113 :^:^" :"-^":--:"p:i^§207i1;^:S^SJ::j :;;:::?^-" ^'V.^:,^;'i:,:o^:^^e:ii 9SI 539 ..from" 2,p. 1180,§ 633 " full co^^nlnis '"'.;*.'. 5. p. 41 36, § 2496 "furniture".... 5. p. 3853, § 2294 "game" ;^- 6, p. 45S0, § 2806 "general acceptw'':;;;::: VT^^'P'"' ••general agent" ..■......■.'.*;:;.';;::::.■ ^' P- 2C37. § 1497 "general average" q' ^' o-J' ! * «gift» ° 3, p. 2.J69, § 1441 "give a '-", *s, p. louj, § 829 "negligence " *.".".*.*.'.'.".". ^' P' ^^''^^' ^ ^^1 9 "uegotialde instrument" ^' P" ~^^^> § ^^13 "net profits".... *' P' 2579, § 1444 " next of kin ■^' P' 407. § 206 "nonassessable"...'..'*** ^' P" ^"■-'4. § 1018 "noting" .*:': ^' P- 825, § 495 "obtain securities"'.'.'.'.*.*.*.* ■*' P' ^^^^' § ^^25 "occupancy" ^' P- 9*. § 03 "officerof U. S.".;; ^' P- 2384, § 1309 "on" 2,p.S91w,§ 519 "demand". 5, p. 4136, § 2496 "or before "....*. 5, P- 4136, § 2496 5, p. 4137, § 2498 6880 W0RD3, PHRASES AND DEFINITIONS. Words, Phrases and Definitions— (Continued.) ' open policy " 8, p, 3403, § 2011 ' ordinance " 7, p. 6233, § 3978 ' ordinary negligence " 4, p. 2912, § 1099 orphan aayluma " 2, p. 1178, § 033 'other insurance" 6, p. 3527, §2007 'owner" 6, p. 3581, § 2098; 7, p. 0129, § 3394 •owner's risk" 4, p. 3191, § 1859 ' paid-up stock " 1, p. 821 n, § 493 ' passengers " 4, p. 32.")0, § 1899 paraphernalia" 8, p. 14()S, § 771 ' partnership " 2 p, 1 199, § 635 ' parson " 4* p. 2989, § 1751 'perils of the lake" 4, p. 31S3, § 1853 ' perils of the river " 4, p. 3183, § 1859 'perils of the seas " 4, p. 31S3, § 1359 ' permanent policy " 5, p. 341^2, § 2041 ' permanent solicitor " 1, p. 29l>, § 174 'permanently" 2, p. li_'4, § 619 ' perpetual succession " 1, p. 842, § 50 1 ' pei-son " 3, p. 1724, § 1018; 3, p. lO.H, § 1 133 ' personal representatives " 3, p. 1 723, § 1013 ' pii/nus " 4, p. 291 1, § 1099 'pilot" 3, p. 2500, § 1431 place" 1, p. 94? §03; 2, p. 1170, § 633 'pledge" 4, p. 2.)89, § 1751 ' poison " 5, p. 303(5, § 2142 ■ preferred stock " 1, p. 061, § 393 ' police power " 7, p. 6156, §3907 'premium notes" 5, p. 3673, § 2147 ■presentment" 4, p. 2029, § 1487 'private carrier" 4, p. 3077, § 1789 ' private corporation " 1 , p. 598, § 332 'privileges and immunities " 7, p. 0',)12, § 3332 ' privileges of reshipping " 4, p. 3192, § 1859 ' probable cause " 3, p. 1864, § 1036 ' process " 7, p. 5721, § 3630 ' procure a purchaser " 1, p. 94, § 63 ' profits " 1, p. 730, § 4(59 'profits for the year" 1, p. 789, § 469 'promise" 5, p. 3745, §2223 'promissory note" 2, p. 900, §535; 4, p. 25S1, § 1447 'property" 1, p. 779, § 408; 3, p. lOlO, § 1134 'protest" 4, p. 2009, § 1526 ' public corporation " li p. 593, § 332 'public officer" 7, p. 5974, §3799 ' public achoul" 2, p. 1130, § 633 ■}. 34!)3, § 2041 p. G'ins, § 3978 2912, § 1099 1173, § G33 3527, § 200 7 CI 29, §3894 3191, § 1859 . 821 n, § 493 p. 32:)0, § 1899 HOS, § 771 1191), § 635 2989, § 1751 31 S3, § 1859 3183, § 1859 ?. 3183, § 1859 p. 3i\>2, § 2041 29S, § 174 11:^4, § 619 842, § 501 1954, § 1133 1723, § 1018 2f)ll, § 169J 25aO, § 1431 1176, § 633 2:)89, § 1751 >. 36(30, § 2142 ». 601, § 393 ). 6156, §3907 J. 3673, §2147 J. 2029, § 1487 ). 3077, § 1789 ). 598, § 332 ). 6012, §3332 ). 3102, § 1859 ). 1 804, § 1086 ). 5721, § 3030 ). 94, § 63 ). 7S0, § 409 ). 780, § 409 ). 3745, § 2223 >. 25S1, § 1447 >. 1050, § 1134 •. 2600, § 1526 •. 503, § 332 '. 5074, § 3799 >. 11 SO, § 633 WOKDS, PHBASEa AND DEFINITIONS. Words, Phrases and Doflnitiona -(Continued ) "mililio. ii»n" ■' 6881 publio use' "qualified accepta.,ce"". J. p. 6112, § 3SS5 " qualified iiulor.emeufc ". ^ P" -''^^' ^ '^^^ "qitungmu-dim".. . ■*' P' -"-''• § ^^03 "(7«a«-i„doraer T' P" ^•"•^' ^ ^OS " Qua.i public corporatio.;-' '.'. t' ^^ '?"' ^ '^"^ "quorum".. ^' P' ^^^. § 332 "railroad corpo^atioa".'." 7, p. 6233, § 3973 "ratified" .' [[''"' ^' P' ^32, § 497 " reasonable alcill and dilL.enc-o "'.'. J' ^' , f !' ! "^ "recaption" ^' P" '-7. § S3 "receive chocks ".'.'.'.*.'."..'.".'.'.".'.".'.'.' ^' '*' ^"^''' ^ ^*^^''* ''reinsurance.... ' P' ^^' ^ ^* "relation" 5, p. 34S2. § 2033 "relictions" 2. P- 1312, § 715 "remainder" 6. p. 4757, § 2913 "rent" ®' P- ^ 400, § 2740 "repairs" 6, p. 4592, § 2SU "resident" 5. p. 3590. § 2103 "r,8j>o»d.'>u;a ».V.V. I' P- *^"^'^' § ^^^^ "restrictive" 3. p. 2551, § 1423 "retainer" '.'.V. *. p. 2732. § I57I "reversion" ** ■^' P" -^^' ^ ^56 " running at large " ^' P' ^^"^' § ^744 "salary" ^' P- "^H § 1378 "sale of reareVt'a*te".V.V.V. T' P" ^--«' § 37G4 "satisfacion". ^> P" ■'^■'». § 212 "savings bmk" 5. p. 4143, § -505 "schism".... ^' P- S74, § 513 "security notes' "'.'.'.'.'.'.*.'.'.'.'.'.*.■'■. "l ' ?' P' [[[^J § ^17 "seduction ". 2073, § 2147 seizm"....'.".*.'.V.V. ^ P- ^^->. § 1110 " sell and convey »* ,[][ ...V.'.'.V.'.V. « ^' f T-' ! ''^^ 'servant".. .. "shifting use ". 'serious or severe illness " -' P" ^"*^'*' § -''^^ ««<.o 4... o. p. 3037, §2123 ,l.p. 433, §231; 1, p. 5II, § 294 "ships" • ^' P- 3309, § 1973 " ship's husV-a^d"" 1. p. 100. § CG; 3, p. 2,47. § ui9 "short time" ^' P* -"''^'' § ^^-S " simple contract » . . V.'. V. .^' P* ^^^' § ^26 5, p. 3744. §2221 "slander" « ^' P- 1*^'> § CC ''Zw' 3. p. 2220, § 1245; 3. p. 2200. § 1206 P- 2912, § 1099 sign a name " , "sole and unconditional owner".. k o-n. "solicit" 5, p. 3a80, §2093 "sound and dispo;bgm;nd and mem;;y "V.V.'.V.V.V.'.e; p.' 5131, I 3153 C882 wouds, rniiASES and definitions. Words, Phrasos and Deflnitions— (Continued.) "Boun.l orikr" 0, p. 3030, §2374 "special ai,'ent " 1, p. 1, § 1 "special iiilorseiiicut" 4, p. 2727, § IIjIj'i "spooial law" 7, p. 5S.)7, ^'M5o "sprin-in:; usq " 4, p. S.'iG;), § 1973 " stock divideiula " 1, p. 78.', § 472 "stock notes " 5, p. 3 i73, § 21 47 " 8topp;\go ill transitu" 5, p. 4127, §2192 " submission" ! G, p. 5201, § 3297 " 8ul)ro;;ation " G, p. 49 H , § 394G "succL'ssion" G, p. 5 )GS, § 3103 «' suit " 7, p. 5w 1 , § H59i ' "8upercar;;o" 3, p. 2.")')7, § I4.'7 " supra protpst " 4, p. 2012, § 1.102; 4, p. 27S9, § I (J.. 9 "surreiulcr " 0, p. 4GGS, § 2JGj "take care of" 1, p. 101, § 60 "tenement" G, p. 4:i;;3, §2073 "tenure" 0, p. 4123, § 2711 "term" 7, p. 5937, § 3SII0 "tcstanuntary cnp-.city" G, p. 5131, § 3153 " title " G, p. 4 !91 , § 2092 "tort" 3, p. 1710, § 1)09 "total (lisaljility " 5, p. 3070, §2115 "transact" 1, p. 102, § 03 " transfer " 5, p. 3(i03, § 2109 "traveling" 6, p. 3l)(J5, § 2141 "treasure trove" 3, p. 2;]38, § 1311 " true title and interest " 5, p. 3580, § 2093 "trust" 4, p. 3373, § 1979 *' ultra vires " 1, p. 023, § 352 " unavoidable accidents " 4, p. 3183, § 1859 " unavoidable dangers of the river " 4, p. 3183, § 1S59 " unoccupied " 6, p. 3593, § 2104 "upon" 5, p. 4130, §2496 "used" 4, p. 3235, § 1S83 "uses" 4, p. 33f)3, S 1973 " usual covenants " G, p 4613, § 2826 " usual medical attendant " 6, p. 30 ) ) , sj '' " usual stopping-place " ^ v" -''I. § 18U9 " usual terms " ., >9, § 3704 "usuance" .>. 2623, g 14S3 "vacant" p. 359:^ §2104 '• valuable " 6, p. 37i > >, § 2243 «• value " 4, p. 2746, § 15S0; 6, p. 3' .'0, § 2116 "value and contents unknown " 4, p. 3192, § 1359 " valued policy " 6, p. 3193, § 2041 3. ..0, p, ..l.p ..4, p, ..7, p ..4, p, ..l.p. ..5, p. ..5, p. .0, p. .G. p. ..G, p. ..7, p. ..3, p. i 4, p. ..G, p. ..l.p. .0, p. • G, p. .7, p. .0, p. ..G, p. .3, p. ,.5, p. .l.p. ,.5, p. .6, p. .3, p. • 5, p. .4, p. .l.p. .4. p. .4, p. .5, p. .5, p. .4, p. .4, p. .6, p .5, p. .4 p. >, p. 5, p. 5, p, 4, p. 5, p. , 393f), § 2374 l.§ 1 2727, § liJM . 5S.)7, § 3755 3.']03, § 1973 78.'. § 472 3i73. §2147 4127, §2102 520 1, §3297 4!)H, §304G 5)0^, §3103 5-.7I, §:^592 2.-,-)7, § 1427 27S9, § I()G9 4CGS, § 2iG5 101, § 68 4333, § 2G73 412.3, §2711 5937, § 3Sl)0 5131, § 3153 4 591, §2(i02 1710, § 1)09 3070, § 21 15 102, § 03 3()0S, § 2109 3;)()5, § 2141 23S8, § 1311 ;^5S0, § 2093 3;573, § 1979 023, § 352 , 3183, § 1859 , 3183, § 1S59 .3593, § 2104 4130, § 2496 3235, § 1S88 33(53, § 1973 401.3, § -2826 3011, § ••" •^Jol, § 1899 .,39, §,3704 2623, g 14S3 359:^ § 2104 37''..t, § 2248 3;), §2116 3192, § 1859 3493, § 2041 ^70RD3, PHRASES AND DEFINITIONS— WHIT. 6883 Words, Plxrasas and Daflaitions -(Continued ) ;:;:;:;/;:''" "^'^''-^" 6, p. 4377 ».§ 2084 uTvt" 3. p. 2517. § 1419 „ ^^ „ 6. p. 40;»7. §2420 „ , ;, 3, p. 238S, §1311 r^^^, ••• •„• 3, p. 1724. § 1013 w.. nv s allow.,... ' g ,. "wi.lowafnuMiitiii'j" Q „ ,,,„ . „., ;;^^'rr'"'^; .;.::::::^: :S li w. hou rec.urso- 4. p. o;..,. ^ ,5,3 w.th..ut recurve" j 3 212 "worryiii,' q 01 - ••wr„„,(ul „l, neakotor Li^^lt'-^.'/Z^Z'.'.'.'.l'.'.'.a. t ITai,' 8 1019 WcrCn'"' """'"""■■ 3,,..7.7,s.0,» lien of. see Liexs. 2. action will lie for preventing workmen by threats from 00m- ,. plating work 3. p. 2295. § 127Q ordinary care retpured of workman, artisan or artilieer (l<.ing work or servi.fs on property 4^ j^_ 203G, § 1729 slanders oumechaiiica and workmen, when actionable.. 3 u 2-^47' 55 1->1« Wrecks. ' ^' ' ^ " title to wrecks and abandoned vesseb 3^ „. 0333 g jgjg Sje ArrAcauE.Tr, 5; Pi,e.vdi.\o and Pxi.\cncB.